CIC Resolution 98-71COMMUNITY IMPROVEMENT COMMISSION
OF THE
CITY OF ALAMEDA
RESOLUTION NO. 98-71
APPROVING AND ADOPTING RULES FOR OWNER PARTICIPATION BY
PROPERTY OWNERS/BUSINESS OCCUPANTS IN COMMUNITY
IMPROVEMENT COMMISSION PROJECT AREAS TO REPLACE EXISTING
RULES FOR OWNER PARTICIPATION IN THE WEST END COMMUNITY
IMPROVEMENT AND BUSINESS AND WATERFRONT IMPROVEMENT
PROJECTS AND TO SERVE AS RULES FOR REDEVELOPMENT AREAS IN
THE CITY OF ALAMEDA
WHEREAS, the Community Improvement Commission (CIC) of the
City of Alameda has prepared a proposed Community Improvement Plan
for the Alameda Point Improvement Project; and
WHEREAS, Section 33345 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.)
provides that a redevelopment agency shall adopt and make available
for public inspection rules to implement the operation of owner
participation in connection with a redevelopment plan; and
WHEREAS, Section 33339.5 of the California Community
Redevelopment Law provides that a redevelopment agency shall adopt
and make available for public inspection rules regarding the
extension of reasonable preferences to persons who are engaged in
business in the project area to reenter in business within the
redeveloped area if they otherwise meet the requirements prescribed
by the redevelopment plan; and
WHEREAS, in 1983, the CIC adopted rules governing owner
participation for the West End Community Improvement Project
(WECIP) and in 1991, adopted essentially identical rules for the
Business and Waterfront Improvement Project (BWIP); and
WHEREAS, one set of rules could apply to all of the City's
redevelopment areas, thereby eliminating confusion and assuring
uniformity in all redevelopment area practices.
NOW, THEREFORE, BE IT RESOLVED by the Community Improvement
Commission of the City of Alameda, acting by and through its Chair
and members, hereby rescind the previously adopted rules governing
owner participation for the West End Community Improvement Project
(WECIP) and the Business and Waterfront Improvement Project (BWIP)
and replace same with "Rules for Owner Participation by Property
Owners/Business Occupants in Community Improvement Commission
Project Areas" in the form attached hereto and incorporated herein
by reference.
RULES FOR OWNER PARTICIPATION BY PROPERTY
OWNERS /BUSINESS OCCUPANTS IN
COMMUNITY IMPROVEMENT COMMISSION PROJECT AREAS
Adopted by the
Community Improvement Commission
of the City of Alameda
RULES FOR OWNER PARTICIPATION BY PROPERTY OWNERS/BUSINESS OCCUPANTS IN
COMMUNITY IMPROVEMENT COMMISSION PROJECT AREAS
I. [§100] PURPOSE AND INTENT
These rules are adopted pursuant to the Community Redevelopment Law
(CRL) of the State of California in order to implement the provisions of
the Community Improvement Plans (CIPs) for all project areas established
under the provisions of the CRL within the City of Alameda. These rules
set forth the procedures governing participation by property owners and
the extension of reasonable preferences to business occupants within
Project Areas.
It is the intention of the CIC to encourage and permit participation
in the redevelopment of Project Areas by property owners and to extend
reasonable preferences to business occupants of real property within the
boundaries of Projects Areas to the maximum extent consistent with the
objectives of each Project Areas' respective CIP.
II. [§200] DEFINITIONS
As used herein, the following definitions apply:
(1) "CIC" means the Community Improvement Commission of the City of
Alameda.
(2) "Business Occupant" means any person, persons, corporation,
association, partnership or other entity engaged in business within a
Project Area on or after the date of adoption of the CIP for that Project
Area by the City Council of the City of Alameda.
(3) "Owner" means any person, persons, corporation, association,
partnership or other entity holding title of record to real property in
a Project Area on or after the date of adoption of the Project Area CIP
by the City Council of the City of Alameda.
(4) "Owner Participation Agreement" means an agreement entered into
by an Owner with the CIC in accordance with the provisions of a CIP and
these rules.
(5) "Project Area" means any redevelopment area established under
the provisions of the CRL within the City of Alameda.
(6) "Community Improvement Plan" means the Community Improvement
Plan adopted for a redevelopment area within the City of Alameda.
TABLE OF CONTENTS
Page
1. [§100] PURPOSE AND INTENT
II. [§200] DEFINITIONS . . 1
III. [§300] ELIGIBILITY 2
IV. [§400] TYPES OF PARTICIPATION . 2
V. [§500] CONFORMING OWNERS
VI. [§600] OWNER PARTICIPATION AGREEMENTS 4
VII. [§700] NOTICE TO OWNERS; TIME TO ENTER INTO AGREEMENT . 4
VIII. [800] CONTENTS OF OWNER PARTICIPATION AGREEMENTS . 4
IX. [§900] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE
CIC..... . . . . . ................ 5
X. [§1000] PREFERENCE TO BUSINESS OCCUPANTS WITHIN THE
PROJECT AREA . . . . . . . . . . ............ 5
XI. [§1100] AMENDMENT OF RULES 5
III. [§300] ELIGIBILITY
Owners shall be eligible to participate in the redevelopment of
property within a Project Area in accordance with the provisions of its
respective CIP, these rules and the limitations herein described.
Participation opportunities are necessarily subject to, and limited
by, factors such as the following:
(1) The elimination and changing of some land uses;
(2) The construction, widening or realignment of some streets;
(3) The ability of participants to finance acquisition and
development or rehabilitation in accordance with a CIP;
(4) The reduction in the total number of individual parcels in a
Project Area; and,
(5) The construction or expansion of public facilities.
The CIC presently contemplates that in carrying out a CIP, certain
portions of a Project Area may be acquired by the CIC for public
improvements, facilities and utilities and for other uses and purposes
in accordance with the Project Area CIP. Therefore, ownership
participation opportunities will not be available for such properties.
IV. [§400] TYPES OF PARTICIPATION
Subject to these rules and the limitations in Section 300 and this
Section 400, Owners shall be given a reasonable opportunity to
participate in redevelopment by:
(1) Retaining all or a portion of their properties and developing
or improving such property for use in accordance with a Project Area CIP;
(2) Acquiring adjacent or other properties within a Project Area and
developing or improving such property for use in accordance with its CIP;
or
(3) Selling their properties to the CIC and purchasing other
properties in the Project Area and developing or improving such property
for use in accordance with the Project Area CIP.
Each proposal for participation shall be reviewed by the CIC
specifically with respect to the following:
(1) Conformity with the land use provisions of the Project Area CIP;
2
(2) Compatibility with the standards, covenants, restrictions,
conditions and controls of the Project Area CIP;
(3) Compatibility with parcelization of the Project Area into sites
adequate for redevelopment; and,
(4) The participant's ability to finance the acquisition and
development or improvement in accordance with the CIP.
If conflicts develop between the desire of participants for
particular sites or land uses, the CIC is authorized to establish
reasonable priorities and preferences among the Owners. Some of the
factors to be considered in establishing these priorities and preferences
may include:
(1) occupancy and period thereof by the participant within the
Project Area;
(2) demonstration that participant has the necessary source of
funds, ability and commitment to accomplish the proposed project;
(3) demonstration that participant has had success with comparable
undertakings,
(4) the financial terms of the proposed business offer;
(5) the extent to which the proposed project meets the goals and
compliments the objectives of the CIC; and,
(6) the extent to which the proposed project would result in
economic benefit to the Project Area and/or the surrounding community;
V. [§500] CONFORMING OWNERS
The CIC may, in its sole and absolute discretion, determine that
certain real property within a Project Area presently meets the
requirements of the CIP and the Owners of such property will be permitted
to remain as conforming Owners without an Owner Participation Agreement
with the CIC, provided such Owners continue to operate, use and maintain
the real property within the requirements of the CIP.
In the event that any of the conforming Owners desire to (1)
construct any additional improvements or substantially alter or modify
existing structures on any of the real property described above as
conforming, or (2) acquire additional property within a Project Area,
then, in such event, such conforming Owners may be required by the CIC
to enter into an Owner Participation Agreement with the CIC.
VI. [§600] OWNER PARTICIPATION AGREEMENTS
Public and private Owners wishing to develop or improve their
properties in a Project Area may be required, as a condition of CIC
approval of such development or improvement, to enter into an Owner
Participation Agreement with the CIC if the CIC determines it is
necessary to impose upon such property any of the standards, restrictions
and controls of the Project Area CIP. The Agreement may require the
participant to join in the recordation of such documents as the CIC may
require in order to ensure the property will be developed and used in
accordance with the Project Area CIP and the Owner Participation
Agreement.
VII. [§700] NOTICE TO OWNERS; TIME TO ENTER INTO AGREEMENT
If the CIC determines that an Owner of real property within a
Project Area shall be required to enter into an Owner Participation
Agreement as provided in Section 600 of these Rules, the CIC shall notify
the Owner in writing of his intention to require an Owner Participation
Agreement and shall provide the owner with a copy of the proposed Owner
Participation Agreement.
An Owner presented with an Owner Participation Agreement by the CIC
must enter into the Agreement within a reasonable period of time as
determined by the CIC. An Owner must submit proof of his qualifications,
including financial responsibility, to carry out the terms and provisions
of the Owner Participation Agreement.
VIII. [§800] CONTENTS OF OWNER PARTICIPATION AGREEMENTS
An Owner Participation Agreement shall obligate the Owner, his
heirs, and successors and assigns, and tenants to devote the property to
the uses specified in the Project Area CIP, abide by all provisions and
conditions of the CIP for the period of time that the CIP is in force and
effect, and comply with all the provisions of the Owner Participation
Agreement according to their terms, duration and effect.
An Owner Participation Agreement may provide that if the Owner does
not comply with the terms of the Agreement, the CIC, in addition to other
remedies, may require such property or any interest therein by any lawful
means, including eminent domain, for its fair market value as of the date
of the Owner Participation Agreement, and the CIC may thereafter dispose
of the property or interest so acquired in accordance with the Project
Area CIP.
4
An Owner Participation Agreement shall contain such other terms and
conditions which, in the discretion of the Commission, may be necessary
to effectuate the purposes of the CIP.
IX. [5900] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE CIC
The CIC shall not acquire real property to be retained and developed
by an Owner pursuant to a fully executed Owner Participation Agreement
if the Owner fully performs under the Agreement.
The CIC shall not acquire real property on which an existing
building is to be continued on its present site under the CIP and in its
present form and use without the consent of the Owner, unless:
(1) Such building requires structural alteration, improvement,
modernization or rehabilitation;
(2) The site or lot on which the building is situated requires
modification in size, shape or use; or
(3) It is necessary to impose upon such property any of the
controls, limitations, restrictions and requirements of the Project. Area
CIP and the Owner fails or refuses to participate in redevelopment by
executing an Owner Participation Agreement in accordance with the
provisions of the Project Area CIP.
X. [51000] PREFERENCE TO BUSINESS OCCUPANTS WITHIN THE PROJECT AREA
Business Occupants who desire to remain within the Project Area
shall be extended a reasonable preference to remain or reenter in
business within the Project Area, if they otherwise meet the requirements
prescribed in these rules and the CIP.
XI. [51100] AMENDMENT OF RULES
These rules may be modified or amended from time to time by the CIC
at any regular or duly called special meeting, provided, however, that
no such amendment shall retroactively impair the rights of Owners who
have executed Owner Participation Agreements with the CIC in reliance
upon these rules as presently constituted.
F:Apip/OP Rules
C:\wp5INDATA\RESONRULES.
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 special
meeting assembled on the 6th day of January , 1998, by the
following vote to wit:
AYES: Commissioners Daysog, DeWitt, Kerr
and Chair Appezzato - 4.
NOES: None.
ABSENT: Commissioner Lucas - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said Commission this 7th day of January ,
1998.
64e( /
Diane Felsch, Secretary
Community Improvement Commission
Ralph-zAppezza d,.thair
Community Improvement Commission