Resolution 14643CITY OF ALAMEDA RESOLUTION NO. 14643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALAMEDA,
CALIFORNIA, (1) DETERMINING IT WILL SERVE AS A SUCCESSOR
AGENCY TO THE COMMUNITY IMPROVEMENT COMMISSION OF
THE CITY OF ALAMEDA ( "CIC "); (2) ELECTING NOT TO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY
THE CIC; (3) AUTHORIZING ASSUMPTION BY THE HOUSING
AUTHORITY OF THE CITY OF ALAMEDA ("HOUSING AUTHORITY ")
OF THE RIGHTS, POWERS, ASSETS, LIABILITIES, DUTIES, AND
OBLIGATIONS ASSOCIATED WITH THE HOUSING ACTIVITIES OF
THE CIC; AND (4) AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE HOUSING AUTHORITY TO FUND
COSTS ASSOCIATED WITH THE TRANSFERRED HOUSING
ACTIVITIES
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 has been 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 approved and the Governor signed
(i) AB 1X 26 (Stats. 2011, chap. 5, "AB 1X 26 "), which immediately, and purportedly
retroactively, suspended all otherwise legal redevelopment activities and incurrence of
indebtedness, and provided for dissolution of California's redevelopment agencies
effective October 1, 2011 (the "Dissolution Act "); and (ii) AB 1X 27 (Stats. 2011, chap. 6,
"AB 1X 27 "), which allowed a local community to avoid the consequences of the
Dissolution Act and continue its redevelopment agency if the community enacted an
ordinance agreeing to comply with the alternative voluntary redevelopment program
described in Section 2 of AB 1X 27 adding Part 1.9 (commencing with section 34192) of
Division 24 of the Health and Safety Code; and
WHEREAS, the California Redevelopment Association, et al. challenged the
constitutionality of AB 1X 26 and AB 1X 27 in California Redevelopment Association et
al. v. Ana Matosantos et al., which was heard by the California Supreme Court; and
WHERAS, in a decision filed on December 29, 2011, the Supreme Court found
the dissolution of redevelopment agencies effected by AB 1X 26 to be a proper exercise
of the legislative power vested in the Legislature by the State Constitution, while the
Court found the provisions of AB 1X 27 allowing communities to save their
redevelopment agencies if they made the "voluntary" remittance payments under AB 1X
27 to violate Proposition 22; and that the two bills were severable, allowing the
dissolution provisions of AB 1X 26 to survive even as it invalidated AB 1X 27; and
WHEREAS, the Supreme Court extended the timeframes set forth in AB 1X 26
for, among other things, determining whether a redevelopment agency desires to serve
as a successor entity until January 13, 2012; and
WHEREAS, Health and Safety Code Section 34171(j) defines the "successor
agency" as the "county, city, or city and county that authorized the creation of each
redevelopment agency," unless such entity elects not to serve as a successor agency
under Section 34173(d); and
WHEREAS, Health and ` Safety Code Section 34177 tasks each successor
agency with the responsibility, among other things, for winding down the dissolved
redevelopment agency's affairs, continuing to meet the former redevelopment agency's
enforceable obligations, overseeing completion of redevelopment projects and
disposing of the assets and properties of the former redevelopment agency, all as
directed by the oversight board; and
WHEREAS, if a city opts out of serving as the successor agency by passing and
filing a resolution to that effect with the county auditor - controller, Health and Safety
Code Section 34173(d) provides that another local agency may elect to serve as the
successor agency, or in the event no other local agency so elects, the Governor will
appoint a successor agency to be comprised of three residents of the county; and
WHEREAS, the City desires to act as the successor agency to the GIG; and
WHEREAS, Health and Safety Code Section 34176(a) gives the city that
authorized creation of a redevelopment agency the option of retaining its housing assets
and functions, excluding amounts on deposit in the Low and Moderate Income Housing
Fund; and
WHEREAS, as allowed under AB 1X 26, the City does not desire to retain the
CIC's housing assets and functions and desires that they instead be assumed by the
Housing Authority of the City of Alameda ("Housing Authority ") subject to the execution
of an agreement between the City and Housing Authority that the City fund the costs
associated with such functions using administrative funds available to it as successor .
agency; and
WHEREAS, the City is the lead agency concerning this Resolution 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 Resolution is exempt from CEQA,
pursuant to CEQA Guidelines Section 15378(b)(4), because the resolution does not
involve any commitment to any specific project that may result in a potentially significant
environmental impact.
NOW, THEREFORE, the City Council of the City of Alameda does hereby
resolve as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein.
Section 2. Determination to Serve as Successor Agency. In accordance with
Health and Safety Code Section 34171(j), and based on the Recitals set forth above,
the City Council hereby determines that the City shall serve as the successor agency to
the CIC.
Section 3. Housing Assets and Functions.
a. In accordance with Health and Safety Code Section 34176,
the City elects not to retain the housing assets and functions previously performed by
the CIC, and authorizes assumption by the Housing Authority of the rights, powers,
assets, liabilities, duties and obligations associated with the housing activities of the
CIC.
b. The City Council authorizes the City Manager to enter into
an agreement with the Housing Authority to fund costs associated with the transferred
housing activities with any funding available to the City as the successor agency to the
CIC, with the agreement to be in a form to be approved by the City Manager and the
City Attorney.
Section 4. Implementation. The City Council hereby authorizes and directs the
City Manager to take any action and execute any documents necessary to implement
this Resolution.
Section 5. CEQA. The City Council finds, under Title 14 of the :California
Code of Regulations, Section 15378(b)(4), that this Resolution is exempt from the
requirements of the California Environmental Quality Act ( "CEQA ") in that it is not a
"project," and does not commit to any project or program that may result in a potentially
significant environmental impact.
Section 6. 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 7. Effective Date. This Resolution shall take effect and be in force as
of the deadline for adoption of this Resolution established pursuant to State law as may
be amended from time to time.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 4th day of January, 2012, 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 hereunto set my hand and affixed the seal of
said City this 5th day of January, 2012.
Lara Weisiger, City
City of Alameda