CIC Resolution 10-169COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO. 10-169
AUTHORIZING THE PURCHASE OF 2216 LINCOLN AVENUE,
APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN
THE CITY OF ALAMEDA AND COMMUNITY IMPROVEMENT
COMMISSION, AUTHORIZING THE INTERIM EXECUTIVE
DIRECTOR TO EXECUTE THE AGREEMENT AND RELATED
DOCUMENTS
WHEREAS, the City of Alameda ( "City ") currently owns in fee that certain
real property commonly known as 2216 Lincoln Avenue ( "Property "); and
WHEREAS, the Community Redevelopment Law (Health & Safety Code,
Sec. 33000 et seq.) at Section 33220 authorizes the City, on the terms it
determines, to sell or convey any of its property to the Community Improvement
Commission ( "Commission ") for the purpose of aiding and cooperating in the
planning, undertaking, construction or operation of redevelopment projects; and
WHEREAS, Section 33391 of the Health & Safety Code authorizes the
Commission to purchase real property; and
WHEREAS, Section 33334.2 of the Health & Safety Code requires that
not less than twenty percent of all taxes allocated from a redevelopment project
area are to be 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 cost; and
WHEREAS, Section 33334.2(g) of the Health & Safety Code authorizes
the Commission to use the allocation of tax from a redevelopment project area
outside the project area if a finding is made by resolution of the Commission and
City Council that such use will be of benefit to the Project; and
WHEREAS, the Commission by Resolution No. 03 -112 and the City
Council by Resolution No. 13578 found that use of taxes allocated from the
Business and Waterfront Improvement Project Area for the purpose of
increasing, improving and preserving the community's supply of low- and
moderate - income housing available at affordable housing cost outside the project
area will be of benefit to the project; and
WHEREAS, Section 33396 of the Health & Safety Code authorizes the
Commission at the request of City Council to accept a conveyance of real
property, located either within or outside a survey area, owned by a public entity
and declared surplus by the public entity; and
WHEREAS, the Commission seeks to purchase the Property to expand
the supply of affordable housing through the creation of up to 19 units of very -low
and low - income housing in partnership with the Housing Authority; and
WHEREAS, after acquisition of the Property, the Commission will convey
the Property to the Housing Authority; and
WHEREAS, conveyance of the Property and development of up to 19
units of housing affordable to very low- and low- income households is exempt
from the California Environmental Quality Act (CEQA) pursuant to the CEQA
Guidelines Section 15332 (In -fill Development Projects) based on the following
findings:
1. The proposed development is consistent with the existing general plan
and zoning. The site is zoned R -5 and has a General Plan designation of
Medium Density Residential.
2. The proposed development occurs within City limits and is on a project
site of no more than five acres substantially surrounded by urban uses.
3. The project site has no value as habitat for endangered, rare or
threatened species. It is currently developed as surface parking and there
is no substantial vegetation on the site and the site is not expected to be
used by endangered or threatened species.
4. Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
5. The site can be adequately served by all required utilities and public
services. It is not expected that the development of up to 19 residential
units would result in a significant impact or undue burden upon the water
supply and distribution system, sanitary sewer system, solid waste
disposal system, storm drainage system, or gas and electrical services.
6. No exception, found at CEQA Guidelines Sec. 15300.2, to the in -fill
exemption of Sec. 15332 is applicable: There is no evidence that the
cumulative impact of successive projects of the same type in the same
place over time is significant, there is no reasonable possibility that the
activity will have a significant effect on the environment due to unusual
circumstances, the Property is not included on a hazardous waste site list,
and there are no historical resources on the Property.
NOW, THEREFORE, BE IT RESOLVED by the Community Improvement
Commission that:
1. The Commission authorizes the purchase and acceptance of the Property
by the Commission from the City.
2. The Commission authorizes the Interim Executive Director to execute
Agreement of Purchase and Sale for the purchase of the Property by the
Commission from the City for the sum of $735,000, without material
change, as well as to take such other actions and execute such other
documents as may be necessary to accomplish the purchase of the
Property in accordance with this Resolution.
3. The Commission authorizes payment from the 20 percent set -aside of tax
increment from the Business and Waterfront Improvement Project.
1, 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 Joint Meeting of the Alameda City Council, Alameda Reuse and
Redevelopment Authority and Community Improvement Commission Meeting held on the
27th day of July, 2010, by the following vote to wit:
AYES: Commissioners deHaan, Gilmore, Matarrese, Tam
and Chair Johnson- 5.
NOES: None.
ABSENT: None,
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said
Commission this 28th day of June, 2010.
Lara Weisiger, Se ary
Community Improvement Commission
Beverly Joh .: , C air
Community Improvement Commission