CIC Resolution 04-126COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO. 04-12 6
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY
EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES;
AUTHORIZING COMMENCEMENT OF LITIGATION TO ACQUIRE
PROPERTY AND FOR ORDER OF POSSESSION; CODE OF CIVIL
PROCEDURE SECTION 1245.235 et seq. (2523 Blanding Avenue,
Alameda, CA - Launderland)
The Community Improvement Commission of the City of Alameda (the "CIC" or
"Community Improvement Commission "), by vote of two- thirds or more of its members,
FINDS, DETERMINES, DECLARES, AND RESOLVES the following:
1 CIC intends to redevelop the Bridgeside Shopping Center, a public use, and in
conjunction therewith, acquire certain leasehold interests in property. The project is for
redevelopment purposes authorized by the Community Redevelopment Law, namely the
elimination of blight within the Business and Waterfront Improvement Project Area.
2. CIC is authorized by law to acquire the leasehold interest generally known as 2523
Blanding Avenue, Alameda, CA - Launderland Leasehold Interest (the "Leasehold
Interest "), as shown on Exhibit A to this Resolution, by eminent domain, pursuant to the
Community Redevelopment Law and the Business and Waterfront Improvement Plan.
The Community Improvement Commission, a redevelopment agency, is vested with the
power of eminent domain to acquire the property under the Eminent Domain Law,
including California Code of Civil Procedure section 1240.010, and Section 33391 of the
California Health and Safety Code and Section D.1, § 309 of Part III of the Community
Improvement Plan for the Business and Waterfront Community Improvement Project, as
amended.
3. The leasehold Interest to be acquired is part of the Bridgeside Shopping Center, Alameda,
CA, as shown on Exhibit B to this Resolution.
4. On April 29, 2004, the NOTICE OF HEARING REGARDING RESOLUTION
APPROVING ADOPTION OF RESOLUTION OF NECESSITY TO ACQUIRE
PROPERTY BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES;
AUTHORIZING COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY
AND FOR ORDER OF POSSESSION; CODE OF CIVIL PROCEDURE SECTION
1245.235 et seq. (2523 Blanding Avenue, Alameda, CA - Launderland) was mailed to the
lessee at the address of the lessee and gave actual notice to the lessee of the hearing. The
Notice advised the lessee of her rights to be heard on the matters referred to therein on
the date and place stated therein. The Notice of Hearing is attached hereto as Exhibit C
and is incorporated herein by reference.
5. The hearing referenced in the Notice of Hearing was held on May 18, 2004 at the time
and place stated in the Notice of Hearing. All interested parties were given an
opportunity to be heard. The hearing then was closed.
6. Based upon the evidence presented at the hearing, the Community Improvement
Commission FINDS, DETERMINES, DECLARES AND RESOLVES each of the
following:
A. The public interest and necessity require the proposed project;
B. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The interest in property sought to be acquired by eminent domain is necessary
for the proposed project;
D. The Community Improvement Commission has complied with all conditions
and statutory requirements necessary to exercise the power of eminent domain to acquire
the Leasehold Interest, as well as any other matter regarding the right to take said
property by eminent domain, including but not limited to, making the offer required by
Govt. Code § 7267.2(a) and complying with existing business tenant preference
requirements of the Community Redevelopment Law and its Owner Participation and
Business Tenant Preference Rules and relocation assistance requirements;
E. The Community Improvement Commission has fully complied with the
California Environmental Quality Act, Public Resources Code Section 21000 et seq.; a
mitigated negative declaration has been adopted by the CIC for the proposed project,
which project contemplates the acquisition of the Leasehold Interest, and, pursuant to
CEQA Guidelines, Section 15162, (i) there have been no substantial project changes, (ii)
there have been no substantial changes with respect to the circumstances under which the
project is undertaken, and (iii) there is no new information of substantial importance,
which was not known and could not have been known with reasonable diligence at the
time the mitigated negative declaration was adopted, that shows any significant
environmental effects or other circumstances requiring a subsequent EIR; and
F. The Community Improvement Commission has authority under the
Community Redevelopment Law and the Business and Waterfront Community
Improvement Plan to acquire the Leasehold Interest by eminent domain.
7. Commission Attorney and Special Counsel are hereby authorized to acquire in the name
of the CIC the Leasehold Interest described in this Resolution in accordance with the
provisions of the California Eminent Domain Law and the Community Redevelopment
Law, to commence an action in Eminent Domain, to deposit the probable amount of
compensation, to apply to the Superior Court for an order permitting the CIC to take
immediate possession and use of the property for redevelopment purposes, and to take all
steps to acquire the property under the law.
EXHIBIT A
DESCRIPTION AND LOCATION OF
LEASEHOLD INTEREST
Property to be Acquired within the Bridgeside Shopping Center
The property to be acquired is the leasehold interest in the Bridgeside Center at 2523
Blanding Avenue (the "Leasehold Interest "). The Leasehold Interest is all rights deriving
from the lease entered into by AWNG Inc., doing business as Launderland
( "Launderland "), under that certain lease dated December 14, 1992, by and between IRES
California, Inc., the predecessor in interest to Regency Realty Group, Inc., and PWS, Inc.,
Launderland's predecessor. The property to be acquired is generally known as 2523
Blanding Avenue, Alameda, CA, and is further described as all right, title and interest of
the Lessee in the leased premises in Bridgeside Shopping Center under said lease or any
other right, title, or instrument. A map showing the general location of the Leasehold
Interest being acquired is shown herein, and said depiction is for illustration only.
EXHIBIT A — PAGE 1 OF 2
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EXHIBIT B
LOCATION OF SHOPPING CENTER WITHIN THE
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EXPANDED BUSINESS AND WATERFRONT
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CATELLUS IN EXPANDED BWIP
(EXCHANGE AREA)
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ALAMEDA POINT IMPROVEMENT PROJECT WEST END IMPROVEMENT PROJECT
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PROJECT AREA)
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EXHIBIT C
NOTICE OF HEARING
City of Alameda • California
April 29, 2004
Re: NOTICE OF HEARING REGARDING RESOLUTION APPROVING ADOPTION OF
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR
REDEVELOPMENT PURPOSES; AUTHORIZING COMMENCEMENT OF LITIGATION TO
ACQUIRE PROPERTY AND FOR ORDER OF POSSESSION; CODE OF CIVIL
PROCEDURE SECTION 1245.235 et seq. (2523 Blanding Avenue, Alameda, CA — Launderland
Leasehold Interest)
Dear Property Owners:
This letter is to advise you that the Community Improvement Commission of the City of Alameda
(the "CIC" or "Community Improvement Commission ") intends to adopt a resolution of necessity on May
18, 2004. If adopted, the resolution will authorize the CIC to acquire the property generally known as
2523 Blanding Avenue, Alameda, California (Launderland Leasehold Interest in Bridgeside Shopping
Center) for redevelopment purposes.
You have the right to appear and be heard on the resolution. The matter is to be heard on May 18,
2004, at 7 :30 p.m., or as soon thereafter as the matter may be heard, at the City Council chambers,
Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California. At that time and place, the
Community Improvement Commission will consider whether such a resolution of necessity should be
adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an
action in eminent domain to acquire the property.
You have the right to present oral and written information to the Community Imnrovement
Commission if you choose. The resolution to be considered by the Community Improvement Commission
will include the following findings and determinations:
A. The public interest and necessity require the proposed project;
B. The proposed project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury;
C. The interest in property sought to be acquired by eminent domain is necessary for the proposed
project;
D. The Community Improvement Commission has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain to acquire the Leasehold Interest, as well
as any other matter regarding the right to take said property by eminent domain, including but not limited
to, making the offer required by Govt. Code ' 7267.2(a) and complying with existing business tenant
preference requirements of the Community Redevelopment Law and its Owner Participation and Business
Tenant Preference Rules and relocation assistance requirements;
E. The Community Improvement Commission has fully complied with the California
Environmental Quality Act, Public Resources Code Section 21000 et seq.; and
Development Services Department
950 West Mall Square, Second Floor
Alameda, California 94501 -7552
510.749.5800 o Fax 510.749.5808 e TDD 510.522.7538
email dsd@ci.alameda.ca.us a www.ci.alameda.ca.us
C) Printed an Recycled Paper
Notice to Launderland
April 29, 2004
Page 2
F. The Community Improvement Commission has authority under the Community
Redevelopment Law and the Business and Waterfront Community Improvement Plan to acquire the
Leasehold Interest by eminent domain.
The Community Improvement Commission, a redevelopment agency, is vested with the power of
eminent domain to acquire the property under the Eminent Domain Law, including California Code of
Civil Procedure section 1240.010, and Section 33391 of the California Health & Safety Code and Section
D.1, § 309, of Part III of the Community Improvement Plan for the Business and Waterfront
Improvement Project, as amended.
If you desire to be heard or to present information to the CIC on this resolution, you are required
by law to file a written request with the Clerk of the Community Improvement Commission no later than
fifteen days from the date of this notice. You must file your request to be heard at the Office of the City
Clerk, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, CA 94501. You also should provide a
copy to Marc Fontes, Business Development Manager, City of Alameda Development Services
Depaitufient, City Hall West, 950 West Mall Square, Second Floor, Alameda, CA 94501.
If you mail a request to be heard, please keep in mind that it must be actually received by the
Clerk no later than fifteen days after the date this notice is mailed. See Code of Civil Procedure section
1245.235(b)(3).
If you elect not to appear and be heard at this hearing, your decision not to appear and be heard
will constitute a waiver of your right to challenge the right of the Community Improvement Commission
to acquire the property by eminent domain. Thus, the matters described in the resolution of necessity will
be deemed to be established.
The amount of compensation to be paid for the property will not be decided or heard at this
hearing. Your nonappearance at this noticed hearing will not prevent you from claiming compensation in
an amount to be determined by a court of law under the laws of the State of California. This Notice is not
intended to foreclose future or ongoing negotiations between you and the representatives of the
Community Improvement Commission on the amount of compensation to be paid to you for your
property. At this hearing, the CIC will not make any determination about the amount of money to be paid
for your property or to be offered to you.
If you have any questions about this matter, please contact Marc Fontes, Business Development
Manager, City of Alameda Development Services Department, City Hall West, 950 West Mall Square,
Second Floor, Alameda, CA 94501, (510) 749 -5831.
MJF:ry
Very truly yours,
J
Marc J. Fontes
Business Development Manager
Notice to Launderland
Distribution:
Anita Ng
AWNG, Inc.
1529 Webster Street
Alameda, CA 94501
Anita Ng
Launderland
2523 Blanding Avenue
Alameda, CA 94501
G:\econdev\Kathleen\Bridgeside \Tenants
Relocation\Resolutions of
Necessity\Notice to LaunderLand.DOC
April 29, 2004
Page 3
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 a
Special Community Improvement Commission meeting assembled on the 18th day of May, 2004, by
the following vote to wit:
AYES: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: Commissioner Kerr - 1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 19th day of May, 2004.
Lara Weisiger, Secretary
Community Improvement Commission
Beverly Johnson, Chair
Community Improve ' nt commission