CIC Resolution 05-135COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA
RESOLUTION NO, 0 5 —13 5
APPROVING AND AUTHORIZING PAYMENT OF
CERTAIN PUBLIC IMPROVEMENTS TO THE
PARK STEEET AND OTIS DRIVE INTERSECTION
WHEREAS, the Community Improvement Commission of the City of Alameda
( "Commission ") is carrying out the Community Improvement Plan ( "Plan ") for the Business and
Waterfront Improvement Project ( "Project "); and
WHEREAS, the City of Alameda ( "City ") approved the reconstruction and expansion of
the South Shore Shopping Center ( "Center ") in accordance with City's standards and
procedures, which has resulted in the attraction of new retailers and provided a stimulus for
increased economic activity not only in the Center, but also along the City's downtown Park
Street corridor located within the area of the Project ( "Project Area "); and
WHEREAS, the increased economic activity within both the Center and the Project Area
has resulted in increased vehicular traffic further exacerbating the existing inadequate traffic
circulation along the Park Street corridor, both throughout the entire BWIP Project Area and
outside the BWIP Project Area, which is causing delays that exceed the City's General Plan
requirements; and
WHEREAS, in order to improve vehicular and pedestrian safety and alleviate traffic
congestion along Park Street throughout the Project Area and immediate neighborhood areas
surrounding the Project Area, new signalization improvements to the Park Street and Otis Drive
intersection are needed to change the existing, pre -timed signal to a fully actuated signal,
including: installation of a new signal controller, vehicle loop detectors, signal mast arms, traffic
striping modification and all equipment necessary to fully actuate the intersection ( "Public
Improvements "); and
WHEREAS, Section 323 of the Plan authorizes the Commission to install, construct or
pay for public improvements either within or outside the Project Area; and
WHEREAS, Commission and City entered into a Cooperation Agreement dated June 18,
1991, which authorizes the City to assist the Commission in carrying out the Plan and the
Commission to reimburse City for such assistance, including the provision of public
improvements that benefit the Project Area; and
WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the
Commission is authorized, with the consent of the City Council, to pay all or 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 a project area upon a
determination by the City Council that such building, facility, structure or other improvement is
of benefit to the project area or the immediate area in which the project is located, that no other
reasonable means of financing such building, facility, structure or other improvement are
available to the community, that the payment of funds for the cost of the building, facility,
structure or other improvement will assist in the elimination of one or more blighting conditions
inside the project area, and that the provision of the building, facility, structure or other
improvement is consistent with the implementation plan adopted by the Commission; and
WHEREAS, the Public Improvements were covered by a Mitigated Negative Declaration
for the Center adopted by the City Planning Board on May 12, 2003; and
WHEREAS, the City of Alameda ( "City ") wishes to assist the Commission in carrying
out the Plan by undertaking and being responsible for a portion of the costs of the Public
Improvements and the Commission wishes to reimburse City for the City's portion of the costs of
the Public Improvements.
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF
THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Commission hereby finds and determines that the provision of the proposed
Public Improvements is necessary to effectuate the purposes of the Plan, and the Commission is
authorized, with the consent of the City Council, to provide such Public Improvements. The
Commission further finds and determines that the Public Improvements are of primary benefit to
the Project Area and the immediate neighborhood in which the Project Area is located; that no
other means of financing the Public Improvements is available to the City; that the payment of
funds by the Commission for such Public Improvements will assist in eliminating blight within
the Project Area and is consistent with the Commission's Implementation Plan adopted pursuant
to Section 33490 of the Community Redevelopment Law. These findings and determinations are
based upon the following facts:
a. The Public Improvements are located within three blocks of the BWIP
Project Area and will alleviate traffic congestion and improve pedestrian and vehicle traffic
safety along the entire downtown Park Street corridor within the Project Area which will assist in
attracting more business and strengthening the retail and commercial functions and the economic
base of the downtown area within the Project Area;
b. The owner of the Center is already being required to pay for a portion of
the costs of the Public Improvements, and the City does not have funds available for the
remaining costs of the Public Improvements;
c. The Public Improvements will eliminate blight by eliminating
inadequate traffic circulation conditions within the Project Area;
d. The Public Improvements are consistent with the Implementation Plan
for the BWIP, as the Implementation Plan's goals and programs provide for the elimination of
inadequate public improvements, and the strengthening of retail and other commercial functions
in the downtown areas and of the economic base, and the provision of improvements to public
infrastructure of benefit to the BWIP Project Area and the implementation of General Plan
recommendations.
-2-
Section 2. The Commission hereby approves and authorizes payment to City of City's
portion of the Public Improvements costs (the "Commission Share ") as set forth in the Public
Improvements Construction Agreement between City and Harsch Investment Corp., the Owner
of the Center.
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 Joint City Council and Community Improvement Commission meeting assembled on the 3"
day of May, 2005, by the following vote to wit:
AYES: Commissioners Daysog, deHaan, Gilmore, Matarrese, and
Chair Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 4th day of May, 2005.
Beverly Johnson, Chair /Commission
Community Improv
Lara Weisiger, Secretary
Community Improvement Commission