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CIC Resolution 02-102CITY OF ALAMEDA COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 02-102 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 without the project area, if the City Council makes certain findings; and WHEREAS, in furtherance of the Project and consistent with the CIP, the Commission wishes 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 530,100,000; 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. 2 NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings: The Commission 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. 3 ii. The CIP contemplates public improvements that benefit the Project. 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: Pursuant to Section 33334.2(e) of the Community Redevelopment Law, the Commission hereby authorizes use of 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. Report and Recommendation: The Commission hereby reports to the City Council of the City of Alameda the findings in Section 1 hereof, and recommends that the City Council adopt a resolution approving expenditure of Business and Waterfront Improvement Project Housing Funds to pay a portion of the costs of the Selected Eligible Infrastructure. Section 4. Transmittal: The Commission Secretary shall transmit a true and correct copy of this Resolution to the City Council of the City of Alameda for consideration as part of the Commission's report to the City Council regarding the proposed use of the Project's Housing Funds, and this Resolution shall be deemed the report and recommendation of the Community Improvement Commission concerning the proposal. * ** 4 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 Community Improvement Commission meeting assembled on the 19th day of November, 2002, by the following vote to wit: AYES: Commissioners Daysog, DeWitt, Johnson, Kerr, and Chair DeWitt - 4. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 20th day of November, 2002. Lara Weisiger, Secretary ' Community Improvement Commission Al DeWitt, Chair Community Improvement Commission