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Resolution 14019CITY OF ALAMEDA RESOLUTION NO. 14019 FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE NEED NOT BE FORMED IN RELATION TO THE PROPOSED SIXTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AREA WHEREAS, on June 18, 1991, by Ordinance No. 2559, the City Council of the City of Alameda ("City Council") approved and adopted the Community Improvement Plan ("Plan") for the Business and Waterfront Improvement Project Area ("BWIP" or "Project Area"); and WHEREAS, the Plan has been amended a total of five (5) times (as amended, the "Existing Plan"), the First Amendment established time limits in compliance with Assembly Bill 1290 (Stats. 1993, Chap. 942), the Second, Third and Fourth Amendments amended certain land uses, and the Fifth Amendment merged the BWIP with West End Community Improvement Plan (WECIP), extended eminent domain except over residential uses and added territory; and WHEREAS, the Community Improvement Commission of the City of Alameda ("Commission") is vested with the responsibility to carry out the Existing Plan; and WHEREAS, the Commission desires to amend the Existing Plan ("Amendment" or "Sixth Amendment") to: update the land use provisions to conform to the City's General Plan as it currently exists and as it may be amended from time to time; and WHEREAS, Section 33385.3 of the California Community Redevelopment Law requires that a Project Area Committee ("PAC") be formed in connection with a redevelopment plan amendment if the proposed amendment would do either of the following: (1) Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low and moderate income persons reside; or (2) Add territory in which a substantial number of low and moderate income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. WHEREAS, the proposed Sixth Amendment ; would not grant the Commission additional eminent domain authority or add territory. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS, FOLLOWS: Section 1. The City Council hereby finds and determines that, because the proposed Sixth Amendment does not alter, extend or expand the Commission's existing authority to use eminent domain and the Commission's existing authority does not include the authority to acquire residential properties, a Project Area Committee need not be formed in connection with the proposed Sixth Amendment. Section 2. The City Council hereby directs that the proposed Sixth Amendment be made available to residents, property owners, business owners, and existing civic and business organizations and that Development Services staff consult with and obtain the advice of such persons and organizations concerning policy matters affecting the residents of the Project Area. I, the undersigned, hereby certify that foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in the Regular Meeting of the City Council on the 3rd day of October 2006, by the following vote to wit: AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of October, 2006. 1' J9 Lara Weisiger, City Clek City of Alameda