CIC Resolution 11-177COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO.
APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC
IMPROVEMENTS REIMBURSEMENT AGREEMENT BETWEEN
THE COMMISSION AND CITY OF ALAMEDA FOR THE
BWI P/WEC I P PROJECT AREAS
WHEREAS, the Community Improvement Commission of the City of
Alameda ( "Commission ") is carrying out the Community Improvement Plans
(collectively, "Community Improvement Plans ") for the West End and
Business and Waterfront Improvement Projects (collectively, "Projects "); and
WHEREAS, under the Community Improvement Plans, the City of
Alameda ( "City ") shall aid and cooperate with the Commission in carrying out
the Projects and shall take actions necessary to ensure the fulfillment of the
purposes of the Community Improvement Plans and to eliminate and prevent
the recurrence or spread of conditions causing blight within the areas of the
Projects ( "Project Areas "); and
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the
"CRL "), for the purposes of aiding and cooperating in the planning, undertaking,
construction or operation of redevelopment projects within the Project Areas,
the City may, among other things, exercise the following powers: sell or lease
any of its property to the Commission; cause public improvements to be
furnished in connection with redevelopment projects; plan or replan and zone or
rezone any part of a redevelopment project; and enter into agreements with the
Commission respecting actions to be taken pursuant to any such powers; and
WHEREAS, pursuant to Section 33445(a) of the CRL, the Commission
may, with the consent of the City Council of the City of Alameda ( "City
Council "), pay all or part of the value of the land for and the cost of the
installation and construction of any buildings, facilities, structures or other
improvements which are publicly owned and located inside or contiguous to a
project area upon a determination by the City Council that such building,
facilities, structures or other improvements are of benefit to the project area by
helping to eliminate blight within the project area, that no other reasonable
means of financing the acquisition of the land or installation or construction of
such buildings, facilities, structures or other improvements that are publicly
owned are available to the community, that the payment of funds for the
acquisition of the land or installation or construction of the building, facilities,
structure or other improvements that are publicly owned is consistent with the
implementation plan adopted by the Commission pursuant to Section 33490 of
the CRL; and
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WHEREAS, pursuant to Section 33445(c) of the CRL, when the value of
the land or the cost of installation and construction of a building, facility,
structure, or other improvement that is publicly owned, or both, has been, or will
be, paid or provided for initially by the City, the Commission may enter into a
contract with the City under which the Commission agrees to reimburse the City
for all or part of the value of the land or all or a part of the cost of the building,
facility, structure or other improvement that is publicly owned, or both, by
periodic payments over a period of years; and
WHEREAS, the Commission and City Council have prepared and wish
to enter into a Public Improvements Reimbursement Agreement ( "Agreement ")
to provide for City's development and construction of certain public
improvements ( "Public Improvements ") within or contiguous to the Project
Areas and Commission's reimbursement of City for the costs of the Public
Improvements; and
WHEREAS, program Final Environmental Impact Reports were prepared
and certified on the Community Improvement Plans ( "Final EIRs ") in
accordance with the California Environmental Quality Act ( "CEQA "), which
included analysis of the Public Improvements on a programmatic level; and
WHEREAS, at this time there are no preliminary drawings, plans or other
sufficient information to enable a meaningful environmental assessment of the
specific Public Improvements, and consequently, the Agreement provides that
the commitment of funds to and commencement of the specific projects set
forth therein shall be subject to completion of additional environmental review
and analysis, as required by CEQA.
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Commission hereby finds and determines that the provision
of the proposed Public Improvements are of benefit to the Project Areas as
they will help to eliminate blight within the Project Areas, that no other
reasonable means of financing the Public Improvements are available to the
community; and that the payment of funds for the Public Improvements is
consistent with the Commission's Implementation Plan for the Projects adopted
pursuant to Section 33490 of the CRL. These findings and determinations are
based upon the following facts:
a. All the Public Improvements are either located within or
contiguous to the Project Areas and will assist in eliminating
the following blight conditions: Defective design and
character of physical construction, residential overcrowding,
small or irregular lots, inadequate public improvements and
varying degrees of social and economic maladjustments.
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b. Although the City is able to aid and assist the Commission
by undertaking the Public Improvements and initially
providing the funds necessary for the acquisition of land or
the construction or installation of the Public Improvements,
the City lacks the resources necessary to permanently fund
the Public Improvements from the General Fund, and other
potential sources of funds are no longer available or are
inadequate. The City's General Fund continues to be
eroded by increased insurance and liability costs and State
mandated programs which are not fully funded by the State.
Further there has been a marked decline in tax revenues
and the availability of State and federal grants over the past
several years.
c. The Implementation Plan for the Projects contains the
specific goals and objectives of the Commission for the
Project Areas, the specific programs, including potential
projects, and estimated expenditures proposed to be made
during the next five years, and an explanation of how the
goals and objectives, programs, and expenditures will
eliminate blight within the Project Areas. The Public
Improvements are consistent with the Implementation Plan,
as the goals and programs provide for the elimination of
inadequate public improvements and the provision of public
infrastructure of benefit to the Project Areas consistent with
the Public Improvements set forth in the Agreement.
Section 2. The Commission hereby approves the Public
Improvements Reimbursement Agreement and hereby authorizes and directs
the Executive Director of the Commission to execute the Agreement on behalf
of the Commission, subject to any minor, technical or clarifying changes that
may be approved by the Commission's counsel. The Commission hereby
further authorizes and directs the Executive Director to take all actions and
execute all documents as necessary to .carry out the Agreement and
accomplish the acquisition of land, installation and construction of the Public
Improvements and the Commission's reimbursement of City for the costs of the
Public Improvements as provided for in the Agreement.
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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 Meeting of the City Council, Alameda Reuse and
Redevelopment Authority, Community Improvement Commission and the Housing
Authority Board of Commissioners held on the Isi day of February, 2011, by the following
vote to wit:
AYES: Commissioners Banta, deHaan, Tam and Chair Gilmore 4,
NOES: None,
ABSENT: Commissioner Johnson I.
ABSTENTIONS: None,
IN WITNESS, WHEREOF, have hereunto set my hand and affixed the official seal of said
Commission this 2 day of February, 2011.
Lara Weisiger, Secr -ary
Community improve sent Commission
a,-'14.4
Marie Gilmore, Chair
Community Improvement Commission