Resolution 14028CITY OF ALAMEDA RESOLUTION NO.14028
RECEIVING THE REPORT TO THE CITY COUNCIL PREPARED
FOR THE PROPOSED SIXTH AMENDMENT TO THE
COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND
WATERFRONT IMPROVEMENT PROJECT AND CONSENTING
TO HOLDING A JOINT PUBLIC HEARING WITH THE
COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF
ALAMEDA
WHEREAS, on June 18, 1991, by Ordinance No. 2559, the City
Council of the City of Alameda ("City Council") approved and adopted the
Community Improvement Plan ("Plan") for the Business and Waterfront
Improvement Project ("Project" or "Project Area"); and
WHEREAS, the Plan has been amended a total of five (5) times (as
amended, the "Existing Plan"), the First Amendment established time limits
in compliance with Assembly Bill 1290 (Stats. 1993, Chap. 942), the
Second, Third and Fourth Amendments amended certain land uses, and
the Fifth Amendment merged the Project Area with the West End
Community Improvement Plan, extended eminent domain except over
residential uses and added territory; and
WHEREAS, the Community Improvement Commission of the City of
Alameda ("Commission") is vested with the responsibility to carry out the
Existing Plan; and
WHEREAS, the Commission desires to amend the Existing Plan
("Sixth Amendment") to: update the land use provisions to conform to the
City's General Plan as it currently exists and as it may be amended from
time to time; and
WHEREAS, the Commission has caused to be prepared a Report to
the City Council on the proposed Sixth Amendment pursuant to Section
33457.1 of the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.; "CRL"); and
WHEREAS, on October 17, 2006, the Commission, by resolution,
authorized the transmittal of the Report to the City Council prepared for the
proposed Sixth Amendment to the City Council; and
WHEREAS, Section 33458 of the CRL authorizes a joint public
hearing on the proposed Sixth Amendment with the consent of the
Commission and the City Council of the City of Alameda; and
WHEREAS, the Commission has prepared the required notice of
joint public hearing for transmittal pursuant to CRL Section 33452.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby receives the Commission's
Report to the City Council prepared for the proposed Sixth Amendment
pursuant to CRL Section 33457.1.
Section 2. The City Council consents to and calls a joint public
hearing with the Commission on November 21, 2006, at 7:25 p.m., or as
soon thereafter as possible, in the City Council Chambers (3rd Floor),
located at City Hall, 2263 Santa Clara Avenue, Alameda, California, for the
purpose of considering the proposed Sixth Amendment and other related
matters.
Section 3. The City Council hereby approves the notice of joint
public hearing as written and attached to this resolution.
Section 4. Pursuant to CRL Section 33452, the City Clerk is hereby
directed to work with Commission staff and advisors in the mailing of a copy
of the aforesaid notice attached herewith to the last known assessee of
each parcel of land within the Project Area as shown on the last equalized
assessment roll of Alameda County. The notice shall also be sent to all
residents and businesses within the Project Area if addresses therefor are
obtainable at a reasonable cost, and to the governing body of each of the
taxing entities that receives a portion of the ad valorem taxes levied on
properties within the Project Area.
Section 5. Pursuant to CRL Section 33452, the City Clerk is hereby
directed to work with Commission staff and advisors in the publishing of the
aforesaid notice in a newspaper of general circulation fora period not less
than once a week for three (3) consecutive weeks prior to the date of the
joint public hearing. The notice shall be published in the Alameda Journal
on October 24 and 31, and November 7 and 14, 2006, to satisfy this
requirement.
NOTICE OF JOINT PUBLIC HEARING ON THE PROPOSED
SIXTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN
FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
NOTICE IS HEREBY GIVEN that the City Council of the City of Alameda ( "City Council ") and the
Community Improvement Commission of the City of Alameda ( "Commission ") will hold a joint public
hearing on November 21, 2006, at 7:25 p.m., in the City Council Chambers (3rd Floor), located at City
Hall, 2263 Santa Clara Avenue, Alameda, California, to consider and act upon the proposed Sixth
Amendment ( "Sixth Amendment ") to the Community Improvement Plan ( "Community Improvement
Plan ") for the Business and Waterfront Improvement Project ( "Project" or "Project Area "), and to
consider all evidence and testimony for or against the approval and adoption of the proposed Sixth
Amendment. At any time not later than the hour set forth above for the hearing of objections to the
proposed Sixth Amendment, any person may file in writing with the City Clerk of the City of Alameda a
statement of objections to the proposed Sixth Amendment. At the day, hour and place of the hearing,
any and all persons having any objections to the proposed Sixth Amendment, or the regularity of any of
the prior proceedings, may appear before the City Council and the Commission and show cause why the
proposed Sixth Amendment should not be adopted. At the hour set forth above for the hearing of
objections, the City Council and the Commission shall proceed to hear all written and oral objections to
the proposed Sixth Amendment.
The purpose of the proposed Sixth Amendment is to amend specific land use references within
the existing Community Improvement Plan to refer to the City of Alameda's General Plan, as it
currently exists and as it may be amended from time to time, for all permitted land uses. No amendment
is proposed to the boundaries of the Project Area or the fiscal or time limits governing the Agency's
activities under the Community Improvement Plan. The fiscal and time limits stated in the existing
Community Improvement Plan, as amended, for the Project Area shall remain in force as adopted.
A map of the Project Area is attached hereto as Exhibit A and made a part hereof. The legal
description of the boundaries of the Project Area is described in Instrument #2003220741, of the Official
Records of Alameda County, California. A copy of the legal description of the boundaries of the Project
Area is available, free of charge, at the office of the City Clerk, City Hall, 2263 Santa Clara Avenue,
Alameda, California. Interested persons may inspect and, upon the payment of the costs of
reproduction, obtain copies of the proposed Sixth Amendment, the existing Community Improvement
Plan, the Report of the Commission to the City Council on the proposed Sixth Amendment, and any
other information pertaining thereto at the offices of the Community Improvement Commission of the
City of Alameda and the City Clerk located at City Hall, 2263 Santa Clara Avenue, Alameda, California.
Should you wish to challenge in court the approval and adoption of the proposed Sixth
Amendment or any related action or document, you may be limited to raising only those issues you or
someone else raised at the joint public hearing described in this notice or in written correspondence
delivered to the City Clerk at or prior to the joint public hearing.
A Public Workshop regarding the proposed Sixth Amendment will also be held on Monday,
October 30, at 7:00 p.m., in the City Council Chambers (3rd Floor), located at City Hall, 2263 Santa
Clara Avenue, Alameda, California.
Dated: October _, 2006
City Clerk, City of Alameda
Publish: October 24, 2006;
October 31, 2006;
November 7, 2006; and
November 14, 2006
EXHIBIT A
Proposed Redevelopment Plan.
City of Alameda.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in the Regular
Meeting of the City Council on the 17th day of October 2006, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
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 18th day of October, 2006.
Lara Weisiger, City
City of Alameda