Resolution 13539CITY OF ALAMEDA RESOLUTION NO. 13539
APPROVING THE USE OF HOUSING FUNDS FROM THE
BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
TO PAY A PORTION OF THE COSTS OF CERTAIN
INFRASTRUCTURE IMPROVEMENTS WITHIN THE EAST
HOUSING AREA
WHEREAS, the City Council of the City of Alameda (the "City Council ")
adopted Ordinance No. 2559 on June 18, 1991, approving and adopting the
Community Improvement Plan, as amended by Ordinance No. 2691 adopted on
December 6, 1994, by Ordinance No. 2835 adopted on July 6, 2000, Ordinance No.
2844 adopted on September 5, 2000 and Ordinance No. 2857 adopted on April 3,
2001 (as amended, the ` "CIP "), for the Business and Waterfront Community
Improvement Project (the "Project "); and
WHEREAS, the Community Improvement Commission of the City of
Alameda (the "Commission ") has been designated as the official redevelopment
agency to carry out in the City of Alameda the functions and requirements of the
Community Redevelopment Law of the State of California (Health and Safety
Code Section 33000 et seq.) and to implement the CIP; and
WHEREAS, Section 33334.2(a) of the Community Redevelopment Law
requires that not less that twenty percent (20 %) of all taxes allocated to a
redevelopment agency from a redevelopment project be used for the purpose of
increasing, improving, and preserving the community's supply of low- and
moderate - income housing at affordable costs ( "Housing Funds "); and
WHEREAS, Section 33334.2(e) of the Community Redevelopment Law
provides that a redevelopment agency may use a portion of its Housing Funds to
improve real property or building sites with onsite or offsite improvements if the
improvements (i) are a reasonable and fundamental component of affordable
housing units, and (ii) directly benefit affordable housing units; and
WHEREAS, Section 33334.2(e) of the Community Redevelopment Law
further provides that, with respect to a residential project, the maximum
percentage of the total cost of such improvements that may be paid with Housing
Funds shall be determined by, dividing the number of housing units affordable to
persons of low- and moderate - income by the total number of housing units in the
residential project; and
WHEREAS, Section 33334.2(g) of the Community Redevelopment Law
authorizes the use of Housing Funds outside a project area but within City limits
upon a finding by a redevelopment agency and the City that the use will be of
benefit to the project; and
WHEREAS, Section 33445 of the Community Redevelopment Law
authorizes a redevelopment agency, with the City Council's consent, to pay all or
a part of the value of the land for and the cost of the installation and construction
of any building, facility, structure, or other improvement which is publicly owned
either within or withoilt the project area, if the City Council makes certain
findings; and
WHEREAS, in furtherance of the Project and consistent with the CIP, the
City Council wishes to authorize the Commission to use Housing Funds from the
Project to pay for a portion of the costs of constructing and installing certain
water, sewer, and storm drainage facilities within the East Housing residential
area currently located within the Alameda Point Improvement Project ( "East
Housing "); and
WHEREAS, one hundred forty -seven (147) of the planned five hundred
eighty -four (584) housing units in East Housing will be affordable to persons of
very low, low and moderate income (the "Affordable Units "); and
WHEREAS, BKF Engineers estimates the total cost of fundamental
infrastructure improvements in East Housing, including sewer, water, joint
trenching, and storm drainage facilities and environmental remediation, will be
approximately $30,100,000; and
WHEREAS, BKF Engineers estimates the total cost of constructing and
installing water, sewer, and Residential Phase 1 storm drainage facilities within
East Housing will be approximately $3,400,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings: The City Council hereby finds and determines
that:
a. The sewer and water facilities and Residential Phase 1 storm
drainage improvements as described in BKF Engineers' reports and plans (the
"Selected Eligible Infrastructure ") are of direct benefit to the Project and to its
immediate neighborhood. These findings are based on the following facts:
i The Selected Eligible Infrastructure will be constructed and
installed in the East Housing area which is directly adjacent to the
Project.
ii. Development of the East Housing area, including the Affordable
Units, complements and enhances the full development of the
Project area.
b. Such Selected Eligible Infrastructure improvements are
reasonable and fundamental components of the Affordable Units, and directly
benefit such Affordable Units. These findings are based on the following facts:
i. Development of the Affordable Units without adequate water,
sewer, and storm drainage facilities would jeopardize the health
and safety of persons living in the Affordable Units and in the
surrounding community.
ii. The construction of the Affordable Units without adequate water,
sewer, and storm drainage facilities would not comply with local
planning and building regulations.
c. Use of Housing Funds to pay a portion of the cost of
constructing' and installing the Selected Eligible Infrastructure will provide
housing for very low -, low- and moderate - income persons and is consistent with
the CIP. These findings are based on the following facts:
i The Selected Eligible Infrastructure is essential to the development
of safe affordable housing that complies with all local planning and
building regulations.
ii. The CIP contemplates public improvements that benefit the Project.
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d. The City does not have sufficient funds to pay the costs of
the Selected Eligible Infrastructure, and no other reasonable means of financing
the Selected Eligible Infrastructure are available to the community.
Section 2. Action: The City Council hereby approves use by the
Community Improvement Commission of Business and Waterfront
Improvement Project Housing Funds in an amount not to exceed $855,822 to pay
147/584 of the total cost of constructing and installing the Selected Eligible
Infrastructure.
Section 3. The City Clerk is hereby directed to send a certified true and
correct copy of this Resolution to the Commission, whereupon the Commission
is vested with responsibility for using Housing Funds to pay a portion of the cost
of the Selected Eligible Infrastructure as provided herein.
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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 special meeting assembled on the 19th
day of November, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, Johnson, Kerr, and
Acting Mayor DeWitt - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
20th day of November, 2002.
ark, L J
Lara Weisiger, City C l rk
City of Alameda