CIC Resolution 11-184COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. 11 -184
ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION
ASSISTANCE PLAN FOR THE PROPOSED ISLANDER PROJECT
WHEREAS, the Community Improvement Commission of the City of
Alameda ( "CIC "), the Housing Authority of the City of Alameda, and Resources
for Community Development ( "RCD ") entered into an Owner Participation
Agreement dated March 2, 2011, as amended to date, which provides for the
acquisition and rehabilitation of the existing Islander Motel for development of
very -low and low income affordable housing (the "Project "); and
WHEREAS, the Project will result in the temporary or permanent
displacement of certain persons or families from their dwelling units; and
WHEREAS, Section 6038 of the Relocation Assistance and Real Property
Acquisition Guidelines (Cal.Code Regs. §6000, et seq.) (the "State Relocation
Guidelines "), and the relocation guidelines adopted by the CIC by Resolution No.
83 -5 adopted pursuant to the State Relocation Guidelines (the "CIC Relocation
Guidelines "), require that a public entity prepare a relocation plan for all persons
to be displaced as a result of a project carried out by a public entity; and
WHEREAS, a draft Residential Antidisplacement and Relocation
Assistance Plan for the proposed Islander Project (the "Draft Relocation Plan ")
was prepared and a notice of the availability of the Draft Relocation Plan for
review was sent to all occupants within the boundaries of the Project at least 30
days prior to CIO's submission of the Draft Relocation Plan to the City Council of
the City of Alameda ( "City Council "); and
WHEREAS, all comments received on the Draft Relocation Plan and
responses to those comments have been incorporated into the final proposed
Residential Antidisplacement and Relocation Assistance Plan for the Islander
Project (the "Final Relocation Plan "); and
WHEREAS, in accordance with Section 6038(a) of the State Relocation
Guidelines, the CIC has submitted the Final Relocation Plan to the City Council
for approval.
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The CIC hereby adopts the Residential Antidisplacement
and Relocation Plan for the Islander Project (the "Relocation Plan"), attached
hereto and incorporated herein by reference.
Section 2. Based on the Relocation Plan, the CIC hereby finds and
determines:
a. That fair and reasonable relocation payments will be provided to
eligible persons, as required by the State Relocation Guidelines and CIC
Relocation Guidelines (collectively hereinafter referred to as the "Relocation
Guidelines").
b. That a relocation assistance program offering the services
described in the Relocation Guidelines has been established.
c. That eligible persons will be adequately informed of the assistance,
benefits, policies, practices and procedures, including grievance procedures,
provided for in the Relocation Guidelines.
d. That based upon a recent survey and analysis of both the housing
needs of persons who will be displaced and available replacement housing, and
considering competing demands for that housing, comparable replacement
dwellings will be available, or provided, if necessary, within a reasonable period
of time prior to displacement sufficient in number, size and cost for the eligible
persons who require them.
e. That adequate provisions have been made to provide orderly,
timely, and efficient relocation of eligible persons to comparable replacement
housing available without regard to race, color, religion, sex, marital status or
national origin with minimum hardship to those affected.
f. That a relocation plan meeting the requirements of Section 6038 of
the State Relocation Guidelines has been prepared.
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 20th day of September, 2011, by the following vote to
wit:
AYES: Commissioners Bonta, deHaan, and Tam — 3.
NOES: None.
ABSENT: Chair Gilmore and Commissioner Johnson - 2
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said Commission this 21st day of September, 2011.
L/‘
Lara Weisiger, Secretar
Community Improveme wrnmission
Marie Gilmore, Chair
Community Improvement Commission
COMMUNITY IMPROVEMENT COMMISSION RESOLUTION
NO. 11 -184A
DETERMINING THAT THE PLANNING AND
ADMINISTRATIVE EXPENSES IN FISCAL YEAR 2010 -11
BY THE COMMISSION'S LOW /MODERATE INCOME
HOUSING FUND WERE NECESSARY FOR THE
PRODUCTION, IMPROVEMENT AND /OR PRESERVATION
OF AFFORDABLE HOUSING FOR LOW AND MODERATE
INCOME HOUSEHOLDS
0
c WHEREAS, the Community Improvement Plan for the West End
es ! '1 c° Community Improvement Project was adopted on June 28, 1983, by Ordinance
No. 2141, as amended by Ordinance Nos. 2222, 2682, 2889, 2897, 2910 and
2970; and
WHEREAS, the Community Improvement Plan for the Alameda Point
Improvement Project was adopted on June 18, 1991, by Ordinance No. 2559,
as amended by Ordinance Nos. 2681, 2835, 2844, 2857, 2896, 2910, 2956,
2963 and 2999; and
WHEREAS, the Community Improvement Plan for the West End
Community Improvement Project was adopted on March 3, 1998, by Ordinance
No. 2754, as amended by Ordinance Nos. 2985 and 2910; and
WHEREAS, pursuant to Section 33334.2 (a) of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL ")
not less than 20% of all taxes which are allocated to the Community
Improvement Commission of the City of Alameda ( "Commission ") shall be set
aside by the Commission in a Low /Moderate Housing Fund and used by the
Commission for the purpose of increasing, improving and preserving the
community's supply of low and moderate income housing available at
affordable housing costs to people and families of low and moderate income;
and
WHEREAS, pursuant to Section 33334.3(d) of the CRL, it is the intent of
the California State Legislature that the amount of money spent for planning
and general administration from the Low /Moderate Housing Fund not be
disproportionate to the amount actually spent for the cost of production; and
WHEREAS, Section 33334.3(e) of the CRL further provides that an
agency shall determine annually that the planning and administrative expenses
are necessary for the production, improvement, or preservation of low- and
moderate - income housing.
NOW THEREFORE, THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEDA DOES RESOLVE that it was
necessary to spend $423,497 of the total $4,115,865 Low/Moderate Housing
Fund expenditures for the planning and administrative expenses associated
with the production, improvement and/or preservation of low and moderate
housing during the 2010-11 fiscal year, and that the foregoing amount of
planning and administrative expenses was not disproportionate to the amount
actually spent for the costs of production, improvement or preservation of that
housing.
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 regular meeting of the Community Improvement
Commission on the 20th day of December, 2011, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
Lara Weisiger, Secretary
Community Improvement C imission
Marie Gilmore, Chair
Community Improvement Commission
COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO. 11-184B
AUTHORIZING A REDUCTION IN THE COMMUNITY IMPROVEMENT
COMMISSION'S FISCAL YEAR 2011-12 ALLOCATION TO THE LOW
AND MODERATE INCOME HOUSING FUND AND MAKING CERTAIN
FINDINGS RELATED THERETO
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted, and the Governor signed: (i) ABX1 26, which prohibits
agencies from taking numerous actions, effective immediately and purportedly
retroactively, and additionally provides that agencies are deemed to be
dissolved as of October 1, 2011; and (ii) ABX1 27, which provides that agencies
do not have to cease activities and do not have to dissolve, if the community
creating the redevelopment agency enacts an ordinance agreeing to comply
with the alternative voluntary redevelopment program described in Section 2 of
ABX1 27 adding Part 1.9 (commencing with section 34192) of Division 24 of the
Health and Safety Code ("Alternative Redevelopment Program"); and
WHEREAS, the Alternative Redevelopment Program requires the City to
remit specific annual payments to the Alameda County Auditor-Controller ("City
Remittance"); and
WHEREAS, the City has been notified that its payment to the Alameda
County Auditor-Controller for the 2011-12 fiscal year will be $4,327,384, which
payment is required to be made in two installments on January 15, 2012, and
May 15, 2012; and
WHEREAS, the City Council of the City of Alameda ("City") adopted
Ordinance No. 3034 ("Ordinance") on July 19, 2011, determining that the City
would comply with the Alternative Redevelopment Program, subject to certain
terms and conditions, and has notified the State Department of Finance, the
State Controller and the Alameda County Auditor-Controller of such
determination; and
WHEREAS, pursuant to Section 34194.2 of the Health and Safety Code,
the City and the Community Improvement Commission of the City of Alameda
("CIC") have entered into a Remittance Agreement ("Remittance Agreement"),
which provides, among other things, for CIC's annual transfer of tax increment
funds to the City in an amount not to exceed the annual City Remittance
required to be paid under the Alternative Redevelopment Program; and
WHEREAS, Health and Safety Code Section 34194.3 provides that if an
agency finds there are insufficient funds to meet its debt and other obligations,
current priority program needs, or its obligations under Section 34194.2, it shall
be exempt from making the full allocation required to be made to the agency's
Low and Moderate Income Housing Fund for the 2011 -12 fiscal year only; and
WHEREAS, CIC desires to reduce the fiscal year 2011 -12 allocation to
the CIC's Low and Moderate Income Housing Fund so that CIC can pay its debt
service and existing obligations, and current priority program needs, including
administrative costs of such programs, as well as make the payments
authorized by Health and Safety Code Section 34194.2; and
WHEREAS, although the City intends to make the City Remittance
payments as set forth in the Ordinance and the Remittance Agreement, the
Ordinance and Remittance Agreement each provides that it shall be deemed
null and void if ABX1 26 and ABX1 27 are determined by a court of competent
jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or
inapplicable, for any reason.
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The CIC hereby finds that it does not have sufficient funds
to meet its fiscal year 2011 -12 obligations under the Remittance Agreement as
authorized by Health and Safety Code Section 34194.2. The other monies
available to and to be received by the Agency in fiscal year 2011 -12 are
required for the payment of CIC debt service and existing obligations, and
current priority program needs, including administrative costs of such programs,
and are insufficient to make the payments authorized by Health and Safety
Code Section 34194.2. This finding is supported by the information and
documents provided by CIC staff to the CIC Board of Commissioners at the
meeting approving this resolution.
Section 2. The CIC hereby authorizes a reduction of the fiscal year
2011 -12 allocation to the Agency's Low and Moderate Income Housing Fund
required to be made pursuant to Health and Safety Code Section 33334.2 in the
amount of $1,000,000 for the sole purpose of making its fiscal year 2011 -12
payment obligation under the Remittance Agreement.
Section 3. If ABX1 26 and ABX1 27 are determined by a court of
competent jurisdiction to be unconstitutional, illegal, invalid or otherwise
unenforceable or inapplicable, for any reason and, therefore, the Remittance
Agreement is deemed null and void, this resolution shall also be deemed null
and void, and, if CIC has already transferred the annual amount of tax
increment to City for fiscal year 2011 -12 and City has paid the annual City
Remittance, CIC shall pursue with City recovery of those funds for purposes of
refunding the CIC such amounts, including refunding the CIC's Low and
Moderate Income Housing Fund the amount by which said fund was reduced to
make the City Remittance payments.
Section 4. The CIC Executive Director is hereby authorized to take
such actions as are necessary and appropriate to carry out this resolution.
* Y * * * Y
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 20`h day of December, 2011, 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
official seal of said Commission this 21st day of December, 2011.
I-
Lara Weisiger, Secretar
Community Improveme mmission
Marie Gilmore, Chair
Community Improvement Commission