CIC Resolution 05-136COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA
RESOLUTION NO.05 -136
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. (APN 071 - 0203 -014 and APN
071 - 0203 -015; 2315 -2323 Central Avenue, Alameda, California - Alameda
Theater /Cineplex and Parking Structure)
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 cause development of a public parking structure and new
multiplex cinema project, preservation and rehabilitation of the historic Alameda
Theater, and integration of the rehabilitated historic Alameda Theater with the
new multiplex cinema (collectively, the "project "), and in conjunction therewith,
w acquire certain interests in property. The project is a public use and is being
undertaken for redevelopment purposes in accordance with the Community
cc Redevelopment Law and the Community Improvement Plan for the Business and
aWaterfront Improvement Project, in order to eliminate blight within the Business
< and Waterfront Improvement Project Area.
I-
cv 2. CIC is authorized by law to acquire the property generally known as APN 071 -
0203 -014 and APN 071 - 0203 -015; 2315 -2323 Central Avenue, Alameda,
California - 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 property constitutes a portion of the project
site. 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 Plan. The property to be
acquired includes all rights, title and interest in the property, including all
tenancies, leaseholds, and related properties.
3. On April 28, 2005, the NOTICE OF HEARING REGARDING 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. ((APN 071 - 0203 -014 and APN 071 - 0203 -015; 2315 -2323 Central
Avenue, Alameda, California - Alameda Theater /Cineplex and Parking Structure)
was mailed to the property owner and all persons known by the CIC to have an
actual interest in the property. The notice was sent to the property owner of
record at the address of the owner and the notice gave actual notice to the owner
of the hearing. The notice advised the owner of its 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.
4. The hearing referenced in the Notice of Hearing was held on May 17, 2005 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.
5. 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 property, 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 section 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 § 21000 et seq.;
and
F. The Community Improvement Commission has authority under the
Community Redevelopment Law and the Business and Waterfront Community
Improvement Plan to acquire the property by eminent domain.
G. 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, California Health and Safety Code section 33391, and section D.1,
section 309, of Part III of the Community Improvement Plan for the Business and
Waterfront Improvement Project, as amended.
H. A map accurately portraying the property to be acquired is
shown as Exhibit B -1 to this Resolution. A map showing the
location of the property in relation to the project for which it is to
be acquired is shown as Exhibit B -2 to this Resolution..
6. Commission Attorney and Special Counsel are hereby authorized to acquire in
the name of the CIC all rights, title and interest in the property 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
PROPERTY LEGAL DESCRIPTION
PARCEL ONE:
A portion of Lot 7 and 8 in Block 49, Map of Lands Adjacent to the Town of Encinal, filed
May 28, 1867 in Map Book 19, Page 53, Alameda County Records. And also a portion
of the land shown on the Map of the Boehmer Property, filed February 28, 1907, in Map
Book 22, Page 41, Alameda County Records, described as follows:
Beginning at a point on the northeastern line of Central Avenue, as widened to 80 feet,
distant thereon northwesterly 100 feet from the point of intersection thereof with the
northwestern line of Park Street, as widened to 80 feet; running thence along said line
of Central Avenue northwesterly 176.46 feet to the northwestern line of said Lot 7;
running thence northeasterly along the last named line 207.66 feet to the northeastern
line of said Lot 7; thence southeasterly along the northeastern lines of said Lots 7 and 8
a distance of 100 feet to the northwestern line of the land shown on said map of the
Boehmer Property; thence northeasterly along the last named line 2.13 feet to a point
distant thereon northeasterly 209.79 feet from said line of Central Avenue; thence
southeasterly parallel with said line of Central Avenue 44.23 feet; thence southwesterly
parallel with the southeastern line of Oak Street 33.79 feet; thence southeasterly
parallel with said line of Central Avenue 32.23 feet to the northwestern line of the alley,
as shown on the map of Boehmer Property; thence southwesterly along the last named
line 176 feet to the point of beginning.
PARCEL TWO:
A non - exclusive perpetual easement and right of way for ingress and egress of
pedestrians only, appurtenant to Parcel One herein described excepting therefrom the
northwestern 50 feet thereof, over the following described parcel of land;
Beginning at a point on the northeastern line of Central Avenue, 80 feet wide, distant
thereon northwesterly 90 feet from the point of intersection thereof with the
northwestern line of Park Street, 80 feet wide; running thence northeasterly parallel with
the southeastern line of Oak Street 209.79 feet; thence northwesterly parallel with said
line of Central Avenue 10 feet; thence southwesterly parallel with said line of Oak Street
209.79 feet to said line of Central Avenue; thence along the, last named line
southeasterly 10 feet to the point of beginning.
Being Assessor's Parcel Numbers: 071 - 0203 -014 & 071 -0203 -015
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2314 SANTA CLARA AVENUE
PARCELI071 -203 -003 -01
OAK STREET PUBLIC PARKING GARAGE
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EXISTING PARCELS AND PROPERTY LINES
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City of Alameda California
April 28, 2005
EXHIBIT C
Re: NOTICE OF HEARING REGARDING 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. (APN 071 - 0203 -014 and APN 071 -0203-
015; 2315 -2323 Central Avenue, Alameda, California — Alameda Theater /Cineplex and
Parking Structure)
Dear Property Owners and Interested Persons:
This letter is to advise you that the Community Improvement Commission of the
City of Alameda (the "CIC" or "Community Improvement Commission ") intends to
consider adoption of a resolution of necessity on May 17, 2005. If adopted, the
resolution will authorize the CIC to acquire the property commonly known as the
Alameda Theatre, including adjacent parking lot property, with a street address of 2315-
2323 Central Avenue, Alameda, designated as APN's 071 - 0203 -014 and 071 - 0203 -015,
more particularly described in the legal description attached hereto as Exhibit A. The
property is proposed to be acquired for redevelopment purposes for the proposed
Alameda Theater /Cineplex and Parking Structure project.
You have the right to appear and be heard on the resolution. The matter is
scheduled for a hearing on May 17, 2005, 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 riaht to present oral and written information to the Community
Improvement 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;
Development Services Department
Alameda Point Main Office
950 West Mall. Square,
Alameda, CA 94501 -7552
510 749.5800 • Fax 510 749.5808 • TDD 510 522.7538
0
C, The 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 property, 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 Government Code section 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
F. The Community Improvement Commission has authority under the
Community Redevelopment Law and Business and Waterfront Community
Improvement Plan to acquire the property 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, California Health &
Safety Code section 33391, and section D.1, section 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.
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, if any, 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 Dorene Soto,
Manager, Business Development Division, City of Alameda Development Services, City
Hall West, 950 West Mall Square, Second Floor, Alameda, CA 94501, (510) 749 -5820.
Very truly yours,
Dorene E. Soto
Manager, Business Development Division
DES:ry
Attachments: Mailing Distribution List
Exhibit A — Property Legal Description
H: \Catalyst Project \Resolution of Necessity/15-17-05 Notice.DOC
l
Re: NOTICE OF HEARING REGARDING 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. (APN 071 -0203 -014 and APN 071 -0203-
015; 2315 -2323 Central Avenue, Alameda, California — Alameda Theater /Cineplex and
Parking Structure)
MAILING DISTRIBUTION LIST:
Cocores Development Company
c/o Park Central Investments
2424 Central Ave.
Alameda, CA 94501
Don Lindsey
Gallagher & Lindsey, Inc.
2424 Central Ave.
Alameda, CA 94501
Mr. John Cocores
1616 Fernwood Dr.
Oakland, CA 94611
Central Donuts
Attn: Theth Chan
2315 Central Ave.
Alameda, CA 94501
Barceluna Cafe & Lounge
Attn: Charles Carlise
2319 Central Ave.
Alameda, CA 9501
The Hair Shaper
Attn: Shirley A. Cabral, Nancy Tajima and Van Von Horcke
2321 Central Ave.
Alameda, CA 94501
We Are Nails & More
Attn: Ha Nguyen
2323 Central Ave.
Alameda, CA 94501
US. POSTAL SERVICE CERTIFICATE OF MAILING
MAY SE USED FED FOR �Eano AND artEIWAT1ONAL MAIL. DOES NOT
RP.M "Pram: City of Alameda
Development Services Department
Business Development
950 West Mall Square, Second Floor
Alameda, CA 94501
One Mea0 a adln o null ndan..d b:
Cocores Development Company
c/o Park Central Investments
2424 Central Ave.
Alameda, CA 94501
PS Form 3817, January 2001
u.8. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DDMEBTIC AND INTERNATIONAL MAIL. DOES NOT
Fiscellnd Fpm
4"/'
City of Alameda
Development Services Department
Business Development I R.,
950 West Mall Square, Second Flop
Alameda, CA 94501
Fc�
ao
kllLD
v° N D
One piece ol ode ey nee Adannd m:
Don Lindsey
Gallagher & Lindsey, Inc.
2424 Central Ave.
Alameda, CA 94501
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT
PROVIDE FOR INBIY " "' " "
Reaped Fwn
N"
City of Alameda 4` 01,
Development Services Department 1 ; f ,
Business Development
950 West Mall Square, Second Floor ;. TO
Alameda, CA 94501 T �•
\, , fYC7t.
40
YJLD -
-J
J
Ono*. U oAR,w eon add,.aod b:
Mr. John Cocores
1616 Fernwood Dr:
Oakland, CA 94611
PS Fenn 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY SE USED Fon DOMESTIC AND EMANATIONAL MAIL DOES NOT
PROVIDE FOR INSUn "'^"
H0�1ie°F1O1 " City of Alameda
Development Services Department
Business Development
950 West Mall Square, Second Floor •t
Alameda, CA 94501 " OA 01'
MCM
4LD
00
One Pete or carroty mall Addreseed me.
Central Donuts
Attn: Theth Chan
2315 Central Ave.
Alameda, CA 94501
PS Form 3817, January 2001
U.S.. POSTAL SERVICE CERTIFICATE OF MAILING
hicA5E O FOR iFNOR AND NEoNATIONAL MAIL, DOES NOT
Readmit From
HO.
City of Alameda
Development Services Department'
Business Development
950 West Mall Square, Second Floot ;,\
Alameda, CA 94501
ON W.•. OI adWry maN.ddnued to:
Barceluna Cafe & Lounge
Attn: Charles Carlise
2319 Central Ave.
Alameda, CA 94501
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OP MAILING
MAYBE USED FOR DOMESTIC AID INTER NATIONALAWL DOES NOT
PROVIDE FOR ANSUP•""'v e",anumem
Received Nam
City of Alameda
Development Services Department
Business Development
950 West Mall Square, Second Floor
Alameda, CA 94501
One piece 05 adAW1'moll Addressed b:
The Hair Shaper
Attn: Shirley A. Cabral, Nancy Tajima
and Van Von Horcke
2321 Central Ave.
Alameda, CA 94501
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOIAESTTO AND I1MNATIONAL1Wl DOES NOT
ReceNed From
City of Alameda
Development Services Department
Business Development
950 West Mall Square, Second Floor
Alameda, CA 94501
One plea Monfrery mi addmeed rR
We Are Nails & More
Attn: Ha Nguyen
2323 Central Ave.
Alameda, CA 94501
PS Form 3817, January 2001
acm
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EXHIBIT A
PROPERTY LEGAL DESCRIPTION
PARCEL ONE:
A portion of Lot 7 and 8 in Block 49, Map of Lands Adjacent to the Town of Encinal, filed
May 28, 1867 in Map Book 19, Page 53, Alameda County Records. And also a portion
of the land shown on the Map of the Boehmer Property, filed February 28, 1907, in Map
Book 22, Page 41, Alameda County Records, described as follows:
Beginning at a point on the northeastern line of Central Avenue, as widened to 80 feet,
distant thereon northwesterly 100 feet from the point of intersection thereof with the
northwestern line of Park Street, as widened to 80 feet; running thence along said line
of Central Avenue northwesterly 176.46 feet to the northwestern line of said Lot 7;
running thence northeasterly along the last named line 207.66 feet to the northeastern
line of said Lot 7; thence southeasterly along the northeastern lines of said Lots 7 and 8
a distance of 100 feet to the northwestern line of the land shown on said map of the
Boehmer Property; thence northeasterly along the last named line 2.13 feet to a point
distant thereon northeasterly 209.79 feet from said line of Central Avenue; thence
southeasterly parallel with said line of Central Avenue 44.23 feet; thence southwesterly
parallel with the southeastern line of Oak Street 33.79 feet; thence southeasterly
parallel with said line of Central Avenue 32.23 feet to the northwestern line of the alley,
as shown on the map of Boehmer Property; thence southwesterly along the last named
line 176 feet to the point of beginning.
PARCEL TWO:
A non - exclusive perpetual easement and right of way for ingress and egress of
pedestrians only, appurtenant to Parcel One herein described excepting therefrom the
northwestern 50 feet thereof, over the following described parcel of land;
Beginning at a point on the northeastern line of Central Avenue, 80 feet wide, distant
thereon northwesterly 90 feet from the point of intersection thereof with the
northwestern line of Park Street, 80 feet wide; running thence northeasterly parallel with
the southeastern line of Oak Street 209.79 feet; thence northwesterly parallel with said
line of Central Avenue 10 feet; thence southwesterly parallel with said line of Oak Street
209.79 feet to said line of Central Avenue; thence along the last named line
southeasterly 10 feet to the point of beginning.
Being Assessor's Parcel Numbers: 071 - 0203 -014 & 071- 0203 -015
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 Joint City Council, Community Improvement Commission, and Alameda Reuse and
Redevelopment Authority meeting assembled on the 17th day of May, 2005, by the following vote to
wit:
AYES: Commissioners Daysog, deHaan, Gilmore, Matarrese, and
Chair Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 18th day of May, 2005.
Beverly Jo
Community
ommission
PeA
Lara Weisiger, Secret
Community Improveme Commission