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construct a direct access connection from Ralston Avenue to Island Parkway at one of <br />the new off -ramp signalized intersections; and <br />WHEREAS, the City of Redwood City is authorized to exercise the power of <br />eminent domain for the purpose of taking such property by virtue of Government Code <br />Sections 37350.5, 37353 and 40404 and Code of Civil Procedure Sections 1230.020, <br />1240.010, 1240.020, 1240.110, and 1240.120; and <br />WHEREAS, an Initial Study /Environmental Assessment has been prepared for <br />the Project and a Negative Declaration prepared and Notice of Determination filed <br />finding and determining that the Project will not have a significant effect on the <br />environment in compliance with California Environmental Quality Act ( "CEQA "), found in <br />Public Resources Code Sections 21000, et. seq., and, therefore, compliance with the <br />environmental review process under the provisions of CEQA and the State CEQA <br />Guidelines adopted by the Secretary of Resources has been met; and <br />WHEREAS, the Federal Highway Administration has completed an <br />Environmental Assessment for the Project and made a Finding of No Significant Impact <br />for the Project in compliance with the National Environmental Policy Act of 1969, as <br />amended, found in 42 U.S.C. 4321, et. seq. ( "NEPA "); and <br />WHEREAS, the City of Redwood City is a public agency under CEQA (Public <br />Resources Code Section 21063) and as such conducts activities that meet the CEQA <br />definition of a "project' (Public Resources Code Section 21065(a)). The City Council <br />determines and finds that the adoption of a resolution of necessity is not a "project' <br />under Public Resources Code Section 15378 and such activity, therefore, is determined <br />to be exempt from CEQA requirements under Public Resources Code Section <br />15061(b)(1); and <br />F:Atty /Reso /Resol.1387 14523 <br />Fitzgerald /040703 2 <br />