Loading...
CIC Resolution 11-174COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 11- APPROVING THE USE OF HOUSING FUNDS TO PAY A PORTION OF THE COSTS OF DEVELOPMENT OF A 19-UN1T AFFORDABLE RENTAL PROJECT WITHIN THE CITY OF ALAMEDA ON CERTAIN PROPERTY COMMONLY KNOWN AS 2216 LINCOLN AVENUE WHEREAS, in accordance with the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) ("Redevelopment Law'), the City Council adopted Ordinance No. 2559 on June 18, 1991, approving and adopting the Community Improvement Plan, as subsequently amended on December 6, 1994 by Ordinance No. 2681 (First Amendment), on June 6, 2000 by Ordinance No. 2835 (Second Amendment), on September 19, 2000 by Ordinance No. 2844 (Third Amendment), on April 17, 2001 by Ordinance No. 2857 (Fourth Amendment), on April 1, 2003 by Ordinance No. 2896 (Fifth Amendment), on November 4, 2003 by Ordinance No. 2910 (Sixth Amendment), on January 2, 2006 by Ordinance No. 2956 (Seventh Amendment), on February 20, 2007 by Ordinance No. 2963 (Eighth Amendment), and on July 21, 2009 by Ordinance No. 2999 (Ninth Amendment), for the Business and Waterfront Improvement Project (the "BWIP"); and WHEREAS, the property subject to the Community Improvement Plan is referred to herein as the "Project Area"; and WHEREAS, the Commission adopted Resolution No. 10-167 on June 15, 2010, approving and adopting the "Implementation Plan, Fiscal Years 2009/10-2013/14, Alameda Redevelopment Project Areas: Business and Waterfront Improvement Project & West End Community Improvement Project" dated March 2010 (the "Implementation Plan"); and WHEREAS, the implementation Plan identified specific affordable housing projects to be developed over the next five (5) years in the Project Area, which includes development of a 19-unit multifamily affordable rental housing on property located in the City of Alameda, commonly known as 2216 Lincoln Avenue (the "Property"), which the implementation Plan identified as located outside the Project Area; and WHEREAS, Section 333342(a) of the Redevelopment Law requires that not less than twenty percent (20%) of all taxes allocated to a redevelopment agency from a redevelopment project ("Housing Funds") be used for the purpose of increasing, improving, and preserving the community's supply of low- and moderate-income housing at affordable costs; and WHEREAS, Section 33334.2(g) of the Redevelopment Law provides that the Commission may use Housing Funds outside a project area if a finding is WHEREAS, the OPA contemplates the c I c's disposition of the Site to the Housing Authority by quitclaim deed (the "Quitclaim Deed ") and the Housing Authority entering into a ground lease with Affordable Housing Developer to facilitate development and operation of the Project on the Site; and WHEREAS, pursuant to California Environmental Quality Act (CEQA), the City, as the lead agency has undertaken the required analysis of the environmental impacts of this project and based on its independent judgment and based on substantial evidence in the record, finds the project to be exempt from CEQA pursuant to California Public Resources Code Sections 21159.21, 21159.23 (exemption for affordable housing) and 21159.24 (exemption for infill affordable housing), as welt as CEQA Guidelines section 15332 (infill development projects). Furthermore, the project does not trigger any of the exceptions in CEQA Guidelines section 15300.2 in that the project will not have any significant effects due to unusual circumstances or any cumulatively significant impacts and will not adversely impact any designated historic resources; and WHEREAS, pursuant to CRL section 33433, a summary report pertaining to the conveyance of the Site dated December 2010 ('Summary Report ") was prepared, which is attached to the CIC staff report for this action, and is incorporated fully into this Resolution by this reference; and WHEREAS, the CIC has made copies of the OPA, (including the Quitclaim Deed referenced therein), a lease option agreement (the "Lease Option Agreement "), and the Summary Report available for public inspection and copying no later than the time of the first publication of the notice of the public hearing; and WHEREAS, the Summary Report contains a summary which describes and specifies all of the following (i) the costs to be incurred by the CIC under the OPA; (ii) the estimated value of the interest to be conveyed, determined at the highest and best use permitted under the Implementation Plan; (iii) the estimated value of the interest to be conveyed in accordance with the uses, covenants, and development costs required by the OPA; (iv) an explanation of why the sale of the Site will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation; (vi) an explanation of the difference between the compensation to be paid to the CIC by the Housing Authority and the fair market value of the Site at the highest and best use consistent with the Implementation Plan; and WHEREAS, in accordance with CRL section 33433, on January 18, 2011, the CIC, the City Council, and the Housing Authority Board of Commissioners held a joint public hearing to consider the approval of the OPA; (including the Quitclaim Deed referenced therein), the Lease Option Agreement, and related documents, after publishing notice of the public hearing in accordance with CRL section 33433; and WHEREAS, the CIC believes the OPA and the Quitclaim Deed are in the best interests of the BWIP, the City of Alameda and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable sate and local law and requirements; and WHEREAS, the CIC has considered any written evidence and /or testimony received in support of or in opposition to the OPA, the Quitclaim Deed, and the Summary Report, as well as the entire record prepared by the CIC and City staff. NOW, THEREFORE BE IT RESOLVED, by the CIC as follows: 1. That the CIC hereby finds and determines that all recitals set forth in this Resolution are true and correct and fully incorporated herein by this reference. 2. That the 010 has reviewed and approves the Summary Report 3, That the CIC finds and determines that the consideration to be received by the CIC for the sale of the Site is not less than fair reuse value at the use and with the covenants and conditions and development costs authorized by the OPA, the Lease Option Agreement, and the Quitclaim Deed, for among other reasons, the reasons set forth in Sections 111 through V of the Summary Report. 4. That the CIC finds and determines that the sale of the Site will assist in the elimination of blight or provide housing for low-income or moderate - income persons, for, among other reasons, the reasons set forth in Section VI of the Summary Report. 5. That the CIC finds and determines that the sale of the Site and the development of the Site in accordance with the OPA, (including the Quitclaim Deed referenced therein), are consistent with the Implementation Plan. made by resolution of the Commission and the City Council that such use will be of benefit to the project; and WHEREAS, the City adopted Resolution No. 13578 on May 6, 2003, approving the use of Housing Funds from the 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 [B=1=]"; and WHEREAS, the Commission adopted Resolution No. 03-112 on April 7, 2003, approving the use of Housing Funds from the Project Area outside the BWIP will be for the benefit of the BWIP; and WHEREAS, the Commission has been designated as the official redevelopment agency to carry out in the City of Alameda the functions and requirements of Redevelopment Law and to implement the Community Improvement Plan and Implementation Plan; and WHEREAS, Section 33071 of the Redevelopment Law declares that a fundamental purpose of redevelopment is to expand the supply of low- and moderate-income housing; and WHEREAS, the Commission desires to provide for the construction of a 19-unit affordable rental project on the Property; and WHEREAS, pursuant to California Environmental Quality Act (CEQA), the City, as the lead agency has undertaken the required analysis of the environmental impacts of this project and based on its independent judgment and based on substantial evidence in the record, the City finds the project to be exempt from CEQA pursuant to California Public Resources Code Sections 2115921, 2115923 (exemption for affordable housing) and 21159.24 (exemption for infill affordable housing), as well as CEQA Guidelines Section 15332 (infill development projects). Furthermore, the project does not trigger any of the exceptions in CEQA Guidelines section 15300.2 in that the project will not have any significant effects due to unusual circumstances or any cumulatively significant impacts and will not adversely impact any designated historic resources. NOW, THEREFORE BE IT RESOLVED, that the Commission hereby authorizes use of Housing Funds from the Project Area in an amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000) that will be provided to a nonprofit affordable housing developer to be used solely for development of the 19-unit affordable rental housing project on the Property. Other funding that is committed to the project may reduce the Commission's funding obligation for the 19-unit project accordingly. BE IT FURTHER RESOLVED, that the Commission hereby authonzes the Acting Executive Director or her designee to take such further actions and execute and such necessary documents related to this loan transaction. * * * 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 City Council, Community Improvement Commission and the Housing Authority Board of Commissioners held on the 18th day of January, 2011, by the following vote to wit: AYES: Commissioners Bonta, deHaan, Johnson and Tam — 4. NOES: None. ABSENT: Chair Gilmore ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this I 9th day of January, 2011. Lara Weisiger, Secre Community Improve o ission Rob Bonta, Acting Chair Community Improvement Commission