CIC Resolution 97-70COMMUNITY IMPROVEMENT COMMISSION OF THE
CITY OF ALAMEDA
RESOLUTION NO. 97-70
FINDING AND DETERMINING THAT THE PROPERTY
IDENTIFIED BY ASSESSORS PARCEL NUMBER 074-0906-029
LOCATED IN THE GENERAL AREA OF ENCINAL TERMINALS/ALASKA BASIN
IS NECESSARY FOR
THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT,
(WIND RIVER PROJECT)
WHEREAS, the Community Improvement Commission of the City of Alameda
(CIC), a public body, is authorized to implement and further the program
generally formulated in the Community Improvement Plan for the
redevelopment, rehabilitation and revitalization of the Business and
Waterfront Improvement Project; and
WHEREAS, the CIC is authorized to acquire property by eminent domain
for the purpose of redevelopment pursuant to Section 309 of the Community
Improvement Plan for the Business and Waterfront Improvement Project; the
Eminent Domain Law; California Code of Civil Procedure section 1230.010
et seq.; and California Health and Safety Code 33000 et sea., including
section 33391; and
WHEREAS, the acquisition of property is necessary in order to
eliminate blighting influences in the Business and Waterfront Improvement
Project Area; and
WHEREAS, the CIC noticed and scheduled a hearing with regard to
considering and adopting a resolution of necessity pursuant to California
Code of Civil Procedure sections 1245.210 et sea., relating to the
acquisition of certain property by eminent domain for public use; and
WHEREAS, the CIC has heard and considered information relating to
the proposed acquisition and to the public interest, necessity, and
convenience; and
WHEREAS, County Assessor's records indicate the subject property is
owned by the City of Alameda; and
WHEREAS, other records indicate that some interest in the property
may be held by Planatel Company; and
WHEREAS, corporate records for the Planatel Company indicate that
the corporation was dissolved and all real estate assets liquidated no
later than 1939, and that there is no successor corporation or other
person or entity known to the CIC to assert any interest on behalf of
Planatel Company; and
WHEREAS, notice of this resolution of necessity has been provided
to the City and has been published in the Alameda Times-Star, a newspaper
of general circulation in the City of Alameda; and
WHEREAS, the City has waived any requirement that any further notice
or offer of just compensation be made prior to adoption of this
resolution or commencement of a condemnation action to acquire the
property; and
WHEREAS, there is no reasonable possibility of owner participation
in the project and the City has declined to participate in the owner
participation of the project; and
WHEREAS, on July 22, 1997, the Proposed Mitigated Negative
Declaration and Initial Study Checklist: Wind River Project Alameda
California was circulated by the City of Alameda and on August 28, 1997,
the Planning Board of the City of Alameda recommended that the City
Council adopt Mitigated Negative Declaration IS-97-2, and a Mitigation
Monitoring Program to address the environmental impacts related to this
project; and
WHEREAS, the CIC has reviewed the Mitigated Negative Declaration and
has determined that the document reflects the independent judgement of
the Community Improvement Commission of the City of Alameda.
NOW, THEREFORE, BE IT RESOLVED by the Community Improvement.
Commission of the City of Alameda, acting by and through its Chair and
members, as follows:
1. That the CIC finds, determines and certifies each of the
following:
(a) That the Proposed Mitigated Negative Declaration and
Initial Study Checklist: Wind River Project Alameda
California has been completed in compliance with CEQA;
(b) That the Mitigated Negative Declaration has been
presented to the CIC, which has reviewed and considered
the information and analysis contained therein; and
(c) That the Mitigated Negative Declaration reflects the
independent judgement of the CIC.
2. That the CIC finds and determines each of the following:
(1) That the public interest and necessity require the
project; and
(2) That the project is planned and located in the manner
that will be the most compatible with the greatest public good and the
least injury; and
(3) The property described in the resolution is necessary for
the project; and
(4) That the City, the owner of record pursuant to the County
Assessor's Office, has waived any requirement that an offer otherwise
required under the California Government Code be made to the City prior
to adoption of this resolution or commencement of a condemnation.
3. That the acquisition is permitted by law.
4. That the property to be acquired is fee title to the property
identified by Assessors Parcel Number 074-0906-029, located in the
general area of Encinal Terminals/Alaska Basin, Alameda.
5. That CIC legal counsel, Executive Director, and staff are
authorized and directed to take such steps and actions, and to file such
legal proceedings, as may be necessary to acquire the property and to
obtain an order of immediate possession.
6. This resolution shall not be in force and effect unless and
until City Council adopts the Negative Declaration (IS-97-02).
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the
Community Improvement Commission of the City of Alameda in special
meeting assembled on the 16th day of September , 1997, by the
following vote to wit:
AYES: Commissioners Daysog, DeWitt, Lucas
and Chair Appezzato - 4.
NOES: None.
ABSENT: None,
ABSTENTIONS: Councilmember Kerr - 1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said Commission this 17th day of September ,
1997.
Diane lsch, Secretary
Community Improvement Commission
Ralph AppezzOt6Chair
Community Improvement Commission