Ordinance 2970CITY OF ALAMEA ORDINANCE NO.
2970
New Series
AMENDING THE COMMUNITY IMPROVEMENT PLAN FOR THE WEST
END COMMUNITY IMPROVEMENT PROJECTTO EXTENDGERTAIN
PLAN TIME LIMITATIONS BY TWO YEARS PURSUANT TO SB 1096
WHEREAS , the City Council of the City of Alameda (the "City Council"
originally approved and adopted the Community Improvement Plan for the West
End Community Improvement Project (the "WECIP Plan )on July 5 , 1983 , by
Ordinance NO.2141 , as subsequently amended on January 2 , 1985 , by
Ordinance No. 2222 , on December 6 , 1994 , by Ordinance No. 2682 , on
November 19 , 2002, by Ordinance No. 2889 , on April 1 , 2003 , by Ordinance
No. 2897 , and on November 4 , 2003 , by Ordinance No. 2910; and
WHEREAS , the Community Improvement Commission of the City of
Alameda (the "Commission ) has been designated as the official redevelopment
agency to carry out in the City of Alameda the functions and requirements of the
Community Redevelopment Law of the State of California (Health and Safety
Code Section 33000 et seq.and to implel1ent theWECIP Plan; and
WHEREAS, Section 33681.12.ofthe Health and Safety Code was added
by Senate Bill 1 096 effective August 5 , 2004 ("SB1 096"), which section
required the Commission to make payments during the 2004-05. and 2005-
fiscal years for deposit in Alameda County Educational Revenue
Augmentation Fund ("ERAF Payments ); and
WHEREAS , Sections 33333.2 and 33333.6 of the Health and Safety
Code were amended by SB 1096 to provide that when a redevelopmenfagency
is required to make a payment pursuant to Section 33681., the legislative
body may amend the redevelopment plan to extend by one (1) year the time
limit on the effectiveness of the plan and the time limit to receive property taxes
and repay indebtedness for each year a payment is made; and
WHEREAS , in accordance with SB 1096 , the Commission made the
2004-05 and 2005-06 ERAF Payments and the City Council desires to amend
the WECIPPlanto extend by two (2) years the time limiton the effectiveness of
and the time limit to receive property taxes and repay indebtedness for the
WECIP Plan.
NOW , THEREFORE , BE IT ORDAINED by the City Council of the City of
Alameda that:
Section 1 The WECIP Plan , as adopted on July 5 , 1983 , by
Ordinance No. 2141 , as amended to date , is hereby further amended as set
forth in the proposed "Sixth Amendment to the Community Improvement Plan
for the West End Community Imp(.ovement Project " attached hereto as
Exhibit A and incorporated herein and made a part hereof by reference. As so
amended , the WECIP Plan is hereby incorporated by reference herein and
designated as the official Community Improvement Plan for the West End
Community In lpr vement Project.
Section 2 In extending the time limits as set forth in this Ordinance
the City Council makes the following findings:
a. The Commission is in compliance with all provisions of Health
and Safety Code sections 33334.2 or 33334., as applicable;
b. The Commission has adopted an implementation plan in
accordance with the requirements of Health and Safety Code
section 33490;
c. The Commission is in compliance with all applicable provisions
of Health and Safety Code section 33413;
d. The Commission is not subject to sanctions pursuant to Health
and. Safety Code section 33334.12(e) for failure to expend
encumber , or disburse an excess surplus; and
e. Funds which the Commission is required , pursuantto Health and
Safety Code Section 33681.12, to pay to the Alameda County
Educational Revenue Augmentation Fund for fiscal years
2004-2005 and 2005-2006 would otherwise have been used to
pay the costs of projects and activities necessary to carry outthe
goals and objectives of the WECIP Plan.
Section 3 Ordinance Nos. 2141 , 2222 , 2682 , 2889, 2897 and 2910
are continued in full force and effect except as amended by this Ordinance.
Section 4 The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Commission.
Section 5 Effective Date . This Ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the date of its final
passage.
Section 6 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 Journal , a newspaper of general circulation
published and circulated in the City of Alameda , California.
Section 7 Severability If any part of this Ordinance , or the Sixth
Amendment to the WECIP Plan which it approves , is held to be invalid for any
reason , such decision shall not affect the validity of the remaining portion of this
Ordinance or of the Sixth Amendment to the WECIP Plan , and this City Council
hereby qeclares that it would have passed the remainder of the Ordinance , or
approved the remainder of the Sixth Amend
invalid portion thereof had been deleted.
ATTEST:
Vl-
Lara Weisiger CityCler
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EXHIBIT A
SIXTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN
FOR THE WEST END COMMUNITY IMPROVEMENT PROJECT
The Community Improvement Plan for the West End Community
Improvement Project ("WECIP Plan ), as adopted by the City Council of the City
of Alameda on July 5 , 1983 , by Ordinance No. 2141 , as subsequently amended
on January 2 , 1985 ' by Ordinance No. 2222 , on December 6 , 1994 , by
Ordinance No. 2682 , on November 19 , 2002 , by Ordinance No. 2889 , on
April 1 , 2003 , by Ordinance No. 2897 , and on November 4 , 2003 , by Ordinance
No. 2910 , is hereby further amended as follows:
1. Section XI of the WECIP Plan , Duration of This Plan , is hereby
deleted in its entirety and restated as follows:
Except for the nondiscrimination and
nonsegregation provisions which shall run
perpetuity, the provisions of this Plan shall be
effective , and the provisions of other documents
formulated pursuant to this Plan may be made
effective , for forty-three (43) years from the date of
adoption of this Plan by the City Council. After the
time limit on the effectiveness of the Plan , the
Commission shall have no authority to act pursuant
to the Plan except to pay previously incurred
indebtedness and to enforce existing covenants
contracts or other obligations.
Exhibit A
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 21 st day of August , 2007 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 22 day of August , 2007.
Lara Weisiger , City
City of Alameda