Ordinance 2835CITY OF ALAMEDA ORDINANCE NO.
2835
New Series
AMENDING ORDINANCE NO. 2559 , AS AMENDED BY
ORDINANCE NO. 2681 AND APPROVING AND ADOPTING THE
AMENDMENT TO THE COMMTY IMROVEMENT PLAN FOR
THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
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 onDecember 6 , 1994 (the
CIP") for the Business and Waterfront Community Improvement Project (the "Project"
and
WHEREAS , the Community. Improvement Commission of the City
Alameda (the "Commission ) has been designated as the offcial redevelopment Commission
to car out in the City of Alameda the fuctions and requirements of the Community
Redevelopment Law of the State of California (Health and Safety Code Section 33000
seq.and to implement theCIP;and
WHREAS, the Commission has proposed an Amendment to the CIP for the
Project (the "Amendment") to change certain land use designations or descriptions ofland
use designations within the Project Area and make other textual changes in connection
therewith; and
WHEREAS , the Planng Board of the City of Alameda (the "Planning
Board") has reviewed the Amendment and provided its report thattheAmendment conforms
to the General Plan ofthe City of Alameda; and
WHEREAS , the City Council has received from the Commission the
proposed Amendment , together with the Report of the Commission; and
WHREAS , in connection with the proposed development project for which
the proposed Amendment is being considered, the City Council has reviewed the proposed
development project prior to considering the Amendment and has certified a Final
Environmental Impact Report on the proposed.development. project, including the
Amendment; and
WHREAS, the City Council and the Commssion held ajoint public hearg on May
2000 , on adoption of the Amendment at the Alameda Elks Lodge , 2255 Santa Clara Avenue
Alameda, California; and
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WHEREAS , a notice of said hearing was duly and regularly published in the Alameda Times
Star a newspaper of general circulation in the City of Alameda , once a week for three successive
weeks prior to the date of said hearng, and a copy of said notice and affdavit of publication are on
file with the City Clerk; and
WHEREAS , copies of the notice of public hearng were mailed by first-class mail to the last
known address of each assessee of each parcel of land in the Project Area , as shown on the last
equalized assessment roll of the County of Alameda; and
WHEREAS , copies of the notice of public hearing were mailed by first-class mail to all
residents and businesses in the Project Area; and
WHEREAS , copies of the notice of public hearng were mailed by certified mail with retur
receipt requested to the governing body of each taxing Commission which receives taxes from
property in the Proj ectArea; and
WHEREAS , the Council has considered the Report of the Commission, the report of the
Planng Board , the Amendment and the Pinal EIR, and has provided an opportnity for all persons
to be heard, and has received and considered all evidence and testimony presented for or against any
and all aspects of the Amendment; and
WHEREAS, the Council has reviewed and considered thePinalEIRon the Amendment, as
prepared and submitted in accordance with Public Resources Code Section 21151 and Health and
Safety Code Section 33352 , and by Resolution No.13216 , adopted on May 31 , 2000 , certified the
adequacy of the Pinal EIR, and by Resolution No.13217 , adopted on May 31 , 2000 , approved
CEQA findings and a mitigation monitoring andreporting program for amendments to the City
General Plan and the Amendment to the CIP;
NOW , THEREFORE , THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
HEREBY ORDAI AS FOLLOWS:
Section 1 The purose and intentofthe City Council with respect to the Amendment
is to change the land use designations of certain propert in the Project Area and the description of
a certai land use designation in the CIP to conform to the land uses permitted by the General Plan
of the City of Alameda, and to faciltate implementation ofthe goals and objectives oftheCIP.
Section 2.The City Council does hereby specifically find and determine that:
a. It is desirable and necessar to amend the CIP in the. manner set forth in the
Amendment in order to complete the redevelopment of the Project Area and car out and implement
the objectives of the CIP for the Project Area. This finding is based upon the fact that the
Amendment will provide for land use changes of certain property within the Project Area in
conformity with recent changes to the General Plan of the City of Alameda which will assist in
caring out the following goals and objectives of the CIP: the replaning, redesign and development
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of undeveloped areas which are stagnant or improperly utilized; the elimination of uneconomic land
uses; the elimination of blighting influences and environmental deficiencies within the Project Area
such as inadequate or deteriorated public improvements , facilities and utilities; and expansion ofthe
community s supply oflow or moderate income and market rate housing.
b. The Amendment will enable the Project Area to be redeveloped inconformity with
the Community Redevelopment Law and in the interests of the public peace , health, safety and
welfare. This finding is based upon the fact that the Amendment wil implement the objectives of
the Community Redevelopment Law by aiding in the elimination and correction of the conditions
of blight and deterioration in the Project Area, and by expanding the community s supply of low or
moderate income housing.
c. The adoption and caring out of the Amendment is economically sound and feasible.
This finding is based upon the fact that the Amendment wil not affect the existing method of
financing the Project , and no new public redevelopment activity shall be undertaken that is not
already authorized in the existing CIP.
d. The Amendment is consistent with the General Plan of the City of Alameda
including, but not limited to , the communty's housing element, which substantially complies with
the requirements of Aricle 10.6 of Chapter 3 of Division 1 of Title 7 ofthe GovemmentCode. This
finding is based on the Planning Board's report to the City Councilthat the Amendment conforms
to the General Plan of the City of Alameda, as contained in Planing Board Resolution No.00-
adopted on May 13 , 2000.
e. The carg out ofthe Amendment wil promote the public peace, health, safety and
welfare of the City of Alameda and wil effectuate the purposes and policies of the Community
Redevelopment Law. This finding is based upon the fact that redevelopment pursuant to the
Amendment wil benefit the Project Area by correcting conditions ofblight and by coordinating
public and private actions to stimulate development and improve the economic , social and physical
conditions ofthe Project Area.
Section 3.No wrtten objections to the proposed Amendment have been received.
Section 4.The mitigation measures , as identified in Council Resolution No. 13217
adopted on May 31 , 2000 , approving CEQA findings. and a mitigation monitoring andreporting
program for amendments tothe.GeneralPlanand ZonigOrdinance.andthe.Amendmentto. the..CIP
are incorporated into the proposed redevelopment of the Project Area pursuant to the Amendment.
Section 5 The CIP for the Project , as adopted by Ordinance No. 2559, as amended by
Ordinance No. 2681 , is hereby amended as set forth in the proposed "Amendment to the Communty
Improvement Plan for the Business and Waterfront Improvement Project " incorporated herein and
made a par hereofby reference. As so amended, the CIP is hereby incorporated by reference herein
and designated as the offcial Community Improvement Plan for the Business and Waterfront
Improvement Proj ect.
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The Executive Director of the Commission is hereby authorized to combine the CIP , as
amended by the Amendment, into a single document , and said document , when filed with the City
Clerk and the Secretar of the Commission , shall constitute the offcial CIP in place of the document
currently constituting said CIP.
Section 6 In order to implement and facilitate the effectuation of the Amendment hereby
approved , it may be necessary for the City Council to take certain actions , and accordingly, this City
Council hereby (a) pledges its cooperation in helping to carr out the Amendment; (b) requests the
various officials , departments , boards and agencies ofthe City having administrative responsibilities
in the Project Area likewise to cooperate to such end and to exercise their respective functions and
powers in a manner consistent with the redevelopment of the Project Area pursuant to the
Amendment; (Q stands ready to consider and take appropriate action upon proposals and measures
designed to effectuate the Amendment; and ( d) declares its intention to undertake and complete any
proceedings necessar to be carred out by the City under the provisions of the Amendment.
Section 7 Ordinance No. 2559 , as amended by Ordinance No. 2681 , is continued in full
force and effect as amended by this Ordinance.
Section 8 The City Clerk is hereby directed to send a certified copy of this Ordinance
to the Commission, whereupon the Commission is vested with the responsibility for carng out the
CIP as amended by the Amendment.
Section 9.The City Clerk is hereby directed to record with. the County Recorder of
Alameda County a notice of the approval and adoption of the Amendment pursuant to this Ordinance
containing a statement that proceedings for theredevelopment ofthe Project Area pursuant to the
Amendment have been instituted under the California Community Redevelopment Law.
Section 10. Effective Date . This Ordinance shall be in full force and effect thirty (30)
days after its passage.
Section 11 Publication . The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance and to cause the same to be published once in the Alameda Times Star
a newspaper of general circulation , published and circulated in the City of Alameda , Californa.
Section 12 Severability . If any par of this Ordinance, or the Amendment Which it
approves , is held to be invalid for any reason, such decision shall not affectthe validity of the
remaig portion of this Ordinance or of the Amendment, and ths City Council hereby declares that
it would have passed the remainder of the Ordinance, or approved the remainder ofthe Amendment
if such invalid portion thereof had been deleted.
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Section 13.This Ordinance shall be in full force and effect ITom and after the expiration
of thirty (30) days from the date of its final passage and subject to signature of the Development
Agreement.
Attest:
!l tlJ/Cl Clerk
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, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in special meeting assembled on the 6th day of
June , 2000 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson and Kerr - 4.
NOES:None.
ABSENT:Mayor Appezzto - 1.
ABSTENTIONS:None.
IN WITNESS , WclEREOF I have hereunto set my hand and affixed the official seal of said City
this 7th day of JyntL, 2000.
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Diane Felsch , CityClerk
City of Alameda