Ordinance 3034CITY OF ALAMEDA ORDINANCE NO. 3034
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ALAMEDA, CALIFORNIA, DETERMINING IT WILL
COMPLY WITH THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY
CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE
AND OPERATION OF THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEDA
WHEREAS, the Community Improvement Commission of the City of
Alameda ( "CIC ") is a redevelopment agency organized and existing under the
California Community Redevelopment Law (Health & Safety Code § 33000 et
seq.) ( "CRL ") and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council of the
City of Alameda ( "City Council" or "City," as applicable); and
WHEREAS, pursuant to the CRL, the City Council approved and adopted
the Community Improvement Plans ( "Plans ") for the Alameda Point Improvement
Project on March 3, 1998, by Ordinance No. 2754, the Business and Waterfront
Improvement Project on June 18, 1991, by Ordinance No. 2559 and the West End
Community Improvement Project on July 5, 1983, by Ordinance No. 2141, all as
amended to date (collectively, the "Projects "), and the CIC is vested with the
responsibility for implementing and carrying out the Plans; and
WHEREAS, the CIC is currently in the process of carrying out the goals and
objectives of the Plans by continuing to: eliminate blight; increase, improve, and
preserve the supply of affordable housing in the community; stimulate and expand
economic growth and employment opportunities by revitalizing properties and
businesses within the Projects; alleviate deficiencies in public infrastructure, and
provide for the redevelopment and reuse of the closed former Alameda Naval Air
Station; and
WHEREAS, in connection with approval and adoption of the State
Budget for Fiscal Year 2011 -12, the California Legislature has approved, and
the Governor has signed (i) ABX1 26 (Stats. 2011, chap. 5, "ABX1 26 "), which
immediately, and purportedly retroactively, suspends all otherwise legal
redevelopment activities and incurrence of indebtedness, and dissolves
redevelopment agencies effective October 1, 2011 (the "Dissolution Act "); and
(ii) ABX1 27 (Stats. 2011, chap. 6, "ABX1 27 "), which allows communities to
avoid the consequences of the Dissolution Act and continue their
redevelopment agency if the community enacts an ordinance agreeing to
comply with the alternative voluntary redevelopment program described in
Section 2 of ABX1 27 adding Part 1.9 (commencing with section 34192) of
Division 24 of the Health and Safety Code (the "Alternative Redevelopment
Program "); and
WHEREAS, the immediate suspension of activities and dissolution of
the CIC under the provisions of ABX1 26 would result in the immediate
suspension of CIC efforts and programs to eliminate blight, provide
affordable housing, including at the Islander Motel site, provide economic
assistance to businesses, and implement other programs which are
assisting in the recovery of the City from the financial crisis and recession
currently affecting the City and the State of California and thereby result in
severe and unwarranted social and economic hardship to City residents,
workers and businesses; and
WHEREAS, because the City Council does not wish to immediately
suspend activities of the CIC and wishes to continue to eliminate blight and
promote economic development and affordable housing, the City Council
has determined it is in the public interest of the City to take immediate
action to participate in the ABX1 27 Alternative Redevelopment Program;
and
WHEREAS, the Alternative Redevelopment Program requires the
participating communities to remit specific annual payments to the county
auditor - controller for allocation to school entities and special districts; and
WHEREAS, under the threat of dissolution pursuant to ABX1 26, and
upon the contingencies and reservations set forth herein, the City shall
participate in the Alternative Redevelopment Program and make the Fiscal
Year 2011 -2012 community remittance, currently estimated to be $5.2
Million Dollars, as well as the subsequent annual community remittances as
set forth in ABX1 27; and
WHEREAS, the City reserves the right to appeal the California
Director of Finance's determination of the Fiscal Year 2011 -12 community
remittance, as provided in Health and Safety Code Section 34194; and
WHEREAS, City understands and believes that an action challenging
the constitutionality of ABX1 26 and ABX1 27 will be filed on behalf of cities,
counties and redevelopment agencies; and
WHEREAS, while the City currently intends to make these
community remittances, they shall be made under protest and without
prejudice to the City's right to recover such amounts and interest thereon, in
the event that there is a final determination that ABX1 26 and ABX1 27 are
unconstitutional; and
WHEREAS, the City reserves the right, regardless of any community
remittance made pursuant to this Ordinance, to challenge the legality of
ABX1 26 and ABX1 27; and
WHEREAS, to the extent a court of competent jurisdiction enjoins,
restrains, or grants a stay on the effectiveness of the Alternative
Redevelopment Program's payment obligation of ABX1 26 and ABX1 27,
the City shall not be obligated to make any community remittance for the
duration of such injunction, restraint, or stay; and
WHEREAS, the City is the lead agency concerning this Ordinance
pursuant to the California Environmental Quality Act (codified as Public
Resources Code Section 21000 et seq) ("CEQA") and the State CEQA
Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from
CEQA, pursuant to CEQA Guidelines Section 15378(b)(4), because the
community remittances authorized hereunder are a government funding
mechanism and fiscal activity, and do not involve any commitment to any
specific project that may result in a potentially significant environmental impact;
and
WHEREAS, all other legal prerequisites to the adoption of this
Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Alameda does
hereby ordain as follows:
Section 1. Recitals. The Recitals set forth above are true and correct
and incorporated herein.
Section 2. Participation in the Alternative Redevelopment
Program. In accordance with Health and Safety Code Section 34193, and
based on the Recitals set forth above, the City Council hereby determines that
the City shall comply with the provisions of Part 1.9 of Division 24 of the Health
and Safety Code, as enacted by ABX1 27.
Section 3. Payment under Protest. Except as set forth in Section 4,
below, the City Council hereby determines that the City shall make the
community remittances set forth in Health and Safety Code section 34194
et seq.
Section 4. Effect of Stay or Determination of Invalidity. City shall
not make any community remittance in the event a court of competent
jurisdiction either grants a stay on the enforcement of ABX1 26 and ABX1 27
or determines that ABX1 26 and ABX1 27 are unconstitutional and therefore
invalid, and all appeals therefrom are exhausted or unsuccessful, or time for
filing an appeal therefrom has lapsed. Any community remittance shall be
made under protest and without prejudice to the City's right to recover such
amount and interest thereon in the event that there is a final determination that
ABX1 26 and ABX1 27 are unconstitutional. If there is a final determination
that ABX1 26 and ABX1 27 are invalid, this Ordinance shall be deemed to be
null and void and of no further force or effect.
Section 5. Implementation. The City Council hereby authorizes and
directs the City Manager to take any action and execute any documents
necessary to implement this Ordinance, including but not limited to notifying the
Alameda County Auditor-Controller, the Controller of the State of California, and
the California Department of Finance of the adoption of this Ordinance and the
City's agreement to comply with the provisions of Part 1.9 of Division 24 of the
Health and Safety Code, as set forth in ABX1 27.
Section 6. Additional Understandings and Intent. It is the
understanding and intent of the City Council that, once the CIC is again
authorized to enter into agreements under the CRL, the City will enter into an
agreement with the CIC as authorized pursuant to Section 34194.2, whereby
the CIC will transfer annual portions of its tax increment to the City in amounts
not to exceed the annual community remittance payments to enable the City,
directly or indirectly, to make the annual remittance payments. The City Council
does not intend, by enactment of this Ordinance, to pledge any of its general
fund revenues or assets to make the remittance payments.
Section 7. CEQA. The City Council finds, under Title 14 of the
California Code of Regulations, Section 15378(b)(4), that this Ordinance is
exempt from the requirements of the California Environmental Quality Act
("CEQA") in that it is not a "project," but instead consists of the creation and
continuation of a governmental funding mechanism for potential future projects
and programs, and does not commit funds to any specific project or program
that may result in a potentially significant environmental impact.
Section 8. Notice of Exemption. The City Council hereby authorizes
and directs that a Notice of Exemption be filed with the County Clerk of the
County of Alameda, California, in accordance with CEQA Guidelines.
Section 9. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are based are
located at the City Clerk's office located at City Hall, 2263 Santa Clara Avenue,
Room 380, Alameda, California 94501. The custodian for these records is Lara
Weisiger, City Clerk.
Section 10. Severabilit . If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are severable. The City Council hereby declares
that it would have adopted this Ordinance irrespective of the invalidity of any
particular portion thereof.
Section 11. Certification of Passage; Posting. The City Clerk will
certify to the passage of this Ordinance by the City Council of the City of
Alameda and a digest thereof shall be published once in the Official Newspaper
of the City within three days after its adoption.
Section 12. Findings. The adoption of this Ordinance is necessary for
the immediate protection of the public peace, health and safety. In accordance
with the Charter, Art. III. Sec. 12, and in order to protect the public peace,
health and safety, the City Council of the City of Alameda finds and determines
as follows:
(a) ABX1 26 prohibits agencies from taking numerous actions, until
the City Council adopts an ordinance agreeing to comply with Part 1.9 of
Division 24 of the Health and Safety Code, including but not limited to incurring
any new monetary or legal obligations or expanding any existing monetary or
legal obligations, entering into agreements with any person for any purpose or
amending or modifying any existing agreements and taking any action with
respect to a redevelopment plan;
(b) Prior to the enactment of an ordinance agreeing to comply with
Part 1.9 of Division 24 of the Health and Safety Code, the CIC will be unable to
continue efforts to eliminate and prevent blight, provide affordable housing,
stimulate and expand economic growth within the Projects, create and develop
local job opportunities and alleviate deficiencies in public infrastructure;
(c) Blighting conditions within the Projects constitute threats to public
peace, health and safety, that cannot be eliminated without CIC action,
including but not limited to the use of CIC funds and authorization of community
improvement projects and programs;
(d) During the current economic crisis, the CIC must have the ability
to act and continue the efforts set forth in (b) above. The CIC must have all
tools available in order to eliminate and prevent blighting conditions, including
implementation of the CIC's economic development, affordable housing and
public improvement programs; and
(e) The CIC is actively engaged in efforts to rehabilitate housing units,
including at the Islander Motel site, to provide assistance for property
improvements and economic development, to improve and correct inadequate
and unsafe infrastructure, to provide for the redevelopment and reuse of the
closed former Alameda Naval Air Station, and to provide safe and affordable
housing. Adoption of this Urgency Ordinance will permit the CIC to continue
these efforts immediately.
Section 13. Effective Date. The City Council hereby declares, on the
basis of the findings set forth above, that an emergency exists and that this
Ordinance is necessary to preserve the public peace, health and safety.
Accordingly, this Ordinance is adopted as an urgency ordinance and shall take
effect and be in force immediately upon its introduction and adoption on July 19,
2011.
ATTEST:
Presiding Officer of the City Council
Lara Weisiger, City Clerk
City of Alameda
1, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 19th day of July, 2011, by the following vote
to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have set my hand and affixed the official
seal of said City this 20th day of July, 2011.
Lara Weisiger, City Clerk
City of Alameda