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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