Ordinance 2844CITY OF ALAMEDA ORDINANCE NO. 2844
New Series
AMENDING ORDINANCE NO. 2559 , AS AMENDED BY
ORDINANCE NOS. 2681 and 2835 AN APPROVIG
ADOPTING THE AMENDMENT TO. THE COMMTY
IMPROVEMENT PLAN FOR THE BUSINSS.
WATERFRONT IMROVEMENT PROJECT TOCHAGETHE LAN USE DESIGNATION FROM GENERA
INUSTRY TO MEDIU DENSITY RESIDENTIA
WHREAS the City Council of the City of Alameda (the "City Council"
adopted Ordinance No. 2559 on June 18 1991 , approvig and adopting the Communty
Improvement Plan (the "CIP"), as amended by Ordinance No. 2681 adopted on
December 6 , 1994 and Ordiance No. 2835 adopted on July 6, 2000 for the Business and
Watemont Communty Improvement Project. (the ''Project''); and
WHEREAS , the Communty Improvement Commssion of the City of
Alame4a (the "CIC") has been designated as the offcial redevelopment agency to car
out in the City of Alameda the fuctions and requirements of the Communty
Redevelopment Law of the State of Californa (Health and Safety Code Section 33000
et seq.and to implement theCIP; and
WHEREAS , the Cle has proposed an Amendment to the CIP for the
Project (the "Amendment") to change cert land use designations with the Project
Area; and
WHEREAS, the Plang Board of the Cit)ofAlameda.(the Plang
Board") reviewed the Amendment and provided its reporfthat the Amendment confonns
to the Geera Plan of the City of Alamed as itwas. proposed to be amended prior to the
adoption of the Amendment; and
WHEREAS , the City Council has received from theCIC the proposed
Amendment, together with the Report of the CIC; and
WHEREAS, in connection with.the proposed development project for
which the proposed Amendment is being considered the City Council has reviewed the
proposed development project including the General Plan and Zoning. Ordinance
amendments required therefor, prior to considerig the Amendment and has adopted a
Mitigated Negative Declaration on the proposed development project, including the
General Plan and Zonig Ordiance amendments and the Amendment (the "Mitigated
Negative Declaration ); and
WHEREAS , the City Council and the CIC held a joint public hearing on
September 5 2000 , on adoption of the Amendment at City Council Chambers , 2263 Santa
Clara A venue , Alameda, Californa; and
WHREAS , a notice of said hearng was duly and regularly published in thc
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
affidavit of publication are on file with the City Clerk; and
WHREAS , copies ofthe notice of public hearg were mailed by fit-class
mail to the last known address of each assessee of each parcel ofland in the Project Area, as
shown on the last equalized assessment roll of the County of Alameda; and
WHREAS , copies of the notice of public hearg were mailed by fit-class
mail to all residents and businesses inthe Project Area; and
WHREAS , copies of the notice of public hearng were mailed by certified
mail with retu receipt requested to the governg body of each tag agency which
receives taxes from propert in the Project Area; and
WHREAS , the Council has considered the Report oftheCIC,the report of
the Plang Board, the Amendment and the Mitigated Negative Declaration, and has
provided an opportty foralLpersons to be heard, and has received and considered all
evidence and testiony presented for or agait any and all aspects of the Amendment; ard
WHREAS , the Council has reviewed and considered the Mitigated
Negative Declartion withJindigs and aMitigatic)l Monitorig Program, as prepared and
submitted in accrdace with Public Resources Code Section 21151 and Health and Safety
Code Section 33352 and has considered all comments received thereon, ard by Resolution
No. 13268,adopted on September 5 , 2000 , approved the Mitgated Negative Declaration.
NOW, THEREFORE, BE IT ORDAID by the Council of the City of
Alameda that:
Section 1.The purose and intent of the City Council with respect to the
Amendment is to change theland use designationofcertainpropertiin the Project Area in
the CIP toconfonnto the land usespenntted by the General Plan of the City of Alameda,
and to faciltate implementation of the goals and objectives of the CIP.
Section 2.The City Council does hereby specifically find and determine
that:
a. It is desirable and necessar to amend the CIP in the maner set forth
in the Amendment in order to complete the redevelopment of the Project Area and car out
and imptement the objectives ofthe CIP for the Project Area. This fiding is based upon the
fact that the Amendment wil provide for land use changes of certain propert within the
Project Area in conformity with recent changes to the General Plan of the City of Alameda
which wil assist in caring out the following goals and objectives of the CIP: the
elimation of blightig inuences includig obsolete and aged building tyes , uneconomic
land uses and inadequate or deteriorated public improvements, facilities , and utilities; the
replanng, redesign and development. of. undeveloped areas which are stagnant or
improperly utilized;
the provision of adequate land for open spaces; and the expanion and improvement of the
communty's supply of low or moderate and market-rate housing.
b. The Amendment will enable the Project Area to be redeveloped in
conformty with the Communty RedevelopmentLaw and in the interests of the public peace
health, safety and welfare. Ths finding is based upon the. fact that the Amendment wil
implement the objectives of the Communty Redevelopment Law by aiding in the
eliation and correction of the conditions of blight and deterioration in the Project Area
and by expanding the communty's supply of low or moderate income housing.
c. The adoption and carg out of the Amendment is eConomically
sound mid feasible. . Ths fiding is based upon the fact that the Amendmentwillnot affect
the existig method of fiancing the Project, and no new public redevelop ent activity shall
be underten that is not already authoried in the existingCIP.
d. The Amendmentisconsistentwith the General Plan of the City of
Alameda, including,. but not ..limted i. , the. communty's housing element, which
substatially complies with the requiements of Arcle 10.6 of Chapter 3 of Division 1 of
Title 70fthe Governent Code. Ths fidig is based on the PlangBoard's reportto the
City Council that the Amendment conforms to the General Plan of the City of Alameda, as
contained in Plang Board Resolution No.00--61 adopted on July 24 2000.e. The carg out of theAmendmentwiUprOlTote the pllblicpeace
, .
health, safety and welfare of the City of Alameda aldwiU.effectuate.the puroses and
policies of the Communty Redevelopment Law. Ths fiding is based upon the fact that
redevelopment pursuant. to the Amendment will benefit the Project Area by correcting
conditions of blight and by coordinatig public and private actions to stiulate development
and improve the economic, sociaLandphysical conditions of the Project Area.
Section 3 No wrtten objections to the proposed Amendment have been received
from property owners or affected taxing agencies.
Section 4.The Mitigation measures identified in the Mitigated Negative Declaration
with findings and Mitigation Monitoring Program adopted by Council Resolution No. 1326
on September 5 , 2000 , have been incorporated into the proposed development project
including the Amendment.
Section 5 The CIPfor the Project , as adopted. by Ordinance No. 2559 , as
amended by Ordinance Nos. 2681 and 2835 ishereby amended asset fort in the proposed
Amendment to the Comnmnity Improvement Plan for the Business and Waterfront
Improvement.Project " incorporated herein and made apar hereofbyreference. As so
amended, the CIP is hereby incorporated by reference herein and designated as the official
Communty Improvement Plan for the Business and Waterfront Improvement Project.
The Executive Director of the CIC 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 Secreta of the Commssion, shall constitute theofficialCIP in place
ofthe document curently constituting said CIP.
Section 6.In order to implement and facilitate the effectution of the Amendment
hereby approved, it maybe necessar for the City Council to tae certai actions , and
accrdigly, ths City Council hereby (a) pledges its cooperation in helping to car out the
Amendment; (b)requesttheyarous offcials , deparents , boards and agencies of the City
havig admstrtive responsibilties in the Proj ect Area likewise to cooperate to such end
and to exercise their respective fuctions and powers in a maner consistent with the
redevelopment of the Project Area puruant to the Amendment; (c)stads ready to consider
and take appropriate action upon proposals and measures designed to effectuate the
Amendment;.and (d) declares its intention to underte and complete any proceedings
necessar to be cared out by the City under the provisionsofthe Amendment.
Section 7.Ordiance No. 2559 , as amended by Ordiance Nos. 2681 and 2835
is continuedinJull force and effect as amended by this Ordinance.
Section 8 The City Clerk is hereby directed to send a certified copy of this
Ordiance to the CIC , whereupontheQle is vested with the responsibility for carg out
the CIP as amended by the Amendment.
Section 9 The City Clerk is hereby diected to recrd with the County Recrder
of Alameda County a notice of the approval and adoption of the Amendment puruant to ths
Ordiance contag a statement that proceedgs for the redevelopment of the Project Area
pursuant to the Amendment have been instituted under the Californa Communty
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 , California.
Section 12.Severability. If any par of ths Ordinance , or the Amendment which
it approves , is held to be invalid for any reason , such decision shall not affect the validity
the remainng portion ofthis 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
of the Amendment, if such invalid portion thereofhad been deleted.
Section 13 This Ordinance shall be in full force and effect from and after the
expiration ofthirt (30) days from the date of its final passage.
Attest:
******
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the 19th day
of September , 2000 , by the following vote to wit:
AYES:Councilmembers Daysog,DeWitt Johnson and Kerr -
NOES:None.
ABSENT:Mayor Appezzato - 1.
ABSTENTIONS:None.
IN \VITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City this
20th day of September , 2000.
DIane Felsch , City Clerk
City of Alameda