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CIC Resolution 11-177COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT BETWEEN THE COMMISSION AND CITY OF ALAMEDA FOR THE BWI P/WEC I P PROJECT AREAS WHEREAS, the Community Improvement Commission of the City of Alameda ( "Commission ") is carrying out the Community Improvement Plans (collectively, "Community Improvement Plans ") for the West End and Business and Waterfront Improvement Projects (collectively, "Projects "); and WHEREAS, under the Community Improvement Plans, the City of Alameda ( "City ") shall aid and cooperate with the Commission in carrying out the Projects and shall take actions necessary to ensure the fulfillment of the purposes of the Community Improvement Plans and to eliminate and prevent the recurrence or spread of conditions causing blight within the areas of the Projects ( "Project Areas "); and WHEREAS, pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL "), for the purposes of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects within the Project Areas, the City may, among other things, exercise the following powers: sell or lease any of its property to the Commission; cause public improvements to be furnished in connection with redevelopment projects; plan or replan and zone or rezone any part of a redevelopment project; and enter into agreements with the Commission respecting actions to be taken pursuant to any such powers; and WHEREAS, pursuant to Section 33445(a) of the CRL, the Commission may, with the consent of the City Council of the City of Alameda ( "City Council "), pay all or part of the value of the land for and the cost of the installation and construction of any buildings, facilities, structures or other improvements which are publicly owned and located inside or contiguous to a project area upon a determination by the City Council that such building, facilities, structures or other improvements are of benefit to the project area by helping to eliminate blight within the project area, that no other reasonable means of financing the acquisition of the land or installation or construction of such buildings, facilities, structures or other improvements that are publicly owned are available to the community, that the payment of funds for the acquisition of the land or installation or construction of the building, facilities, structure or other improvements that are publicly owned is consistent with the implementation plan adopted by the Commission pursuant to Section 33490 of the CRL; and OAK W4845-0237-2616 v2 WHEREAS, pursuant to Section 33445(c) of the CRL, when the value of the land or the cost of installation and construction of a building, facility, structure, or other improvement that is publicly owned, or both, has been, or will be, paid or provided for initially by the City, the Commission may enter into a contract with the City under which the Commission agrees to reimburse the City for all or part of the value of the land or all or a part of the cost of the building, facility, structure or other improvement that is publicly owned, or both, by periodic payments over a period of years; and WHEREAS, the Commission and City Council have prepared and wish to enter into a Public Improvements Reimbursement Agreement ( "Agreement ") to provide for City's development and construction of certain public improvements ( "Public Improvements ") within or contiguous to the Project Areas and Commission's reimbursement of City for the costs of the Public Improvements; and WHEREAS, program Final Environmental Impact Reports were prepared and certified on the Community Improvement Plans ( "Final EIRs ") in accordance with the California Environmental Quality Act ( "CEQA "), which included analysis of the Public Improvements on a programmatic level; and WHEREAS, at this time there are no preliminary drawings, plans or other sufficient information to enable a meaningful environmental assessment of the specific Public Improvements, and consequently, the Agreement provides that the commitment of funds to and commencement of the specific projects set forth therein shall be subject to completion of additional environmental review and analysis, as required by CEQA. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Commission hereby finds and determines that the provision of the proposed Public Improvements are of benefit to the Project Areas as they will help to eliminate blight within the Project Areas, that no other reasonable means of financing the Public Improvements are available to the community; and that the payment of funds for the Public Improvements is consistent with the Commission's Implementation Plan for the Projects adopted pursuant to Section 33490 of the CRL. These findings and determinations are based upon the following facts: a. All the Public Improvements are either located within or contiguous to the Project Areas and will assist in eliminating the following blight conditions: Defective design and character of physical construction, residential overcrowding, small or irregular lots, inadequate public improvements and varying degrees of social and economic maladjustments. OAK #4845-0237-2616 v22 b. Although the City is able to aid and assist the Commission by undertaking the Public Improvements and initially providing the funds necessary for the acquisition of land or the construction or installation of the Public Improvements, the City lacks the resources necessary to permanently fund the Public Improvements from the General Fund, and other potential sources of funds are no longer available or are inadequate. The City's General Fund continues to be eroded by increased insurance and liability costs and State mandated programs which are not fully funded by the State. Further there has been a marked decline in tax revenues and the availability of State and federal grants over the past several years. c. The Implementation Plan for the Projects contains the specific goals and objectives of the Commission for the Project Areas, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the Project Areas. The Public Improvements are consistent with the Implementation Plan, as the goals and programs provide for the elimination of inadequate public improvements and the provision of public infrastructure of benefit to the Project Areas consistent with the Public Improvements set forth in the Agreement. Section 2. The Commission hereby approves the Public Improvements Reimbursement Agreement and hereby authorizes and directs the Executive Director of the Commission to execute the Agreement on behalf of the Commission, subject to any minor, technical or clarifying changes that may be approved by the Commission's counsel. The Commission hereby further authorizes and directs the Executive Director to take all actions and execute all documents as necessary to .carry out the Agreement and accomplish the acquisition of land, installation and construction of the Public Improvements and the Commission's reimbursement of City for the costs of the Public Improvements as provided for in the Agreement. OAK #4845-0237-2616 v23 I, 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, Alameda Reuse and Redevelopment Authority, Community Improvement Commission and the Housing Authority Board of Commissioners held on the Isi day of February, 2011, by the following vote to wit: AYES: Commissioners Banta, deHaan, Tam and Chair Gilmore 4, NOES: None, ABSENT: Commissioner Johnson I. ABSTENTIONS: None, IN WITNESS, WHEREOF, have hereunto set my hand and affixed the official seal of said Commission this 2 day of February, 2011. Lara Weisiger, Secr -ary Community improve sent Commission a,-'14.4 Marie Gilmore, Chair Community Improvement Commission