CIC Resolution 09-158COMMISSION RESOLUTION NO, 09-158
RESOLUTION OF THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEDA REFERRING THE
PROPOSED NINTH AMENDMENT TO THE COMMUNITY
IMPROVEMENT PLAN FOR THE BUSINESS AND
WATERFRONT COMMUNITY IMPROVEMENT PROJECT AND
THE PROPOSED SEVENTH AMENDMENT TO THE
COMMUNITY IMPROVEMENT PLAN FOR THE WEST END
COMMUNITY IMPROVEMENT PROJECT TO THE PLANNING
BOARD OF THE CITY OF ALAMEDA FOR REPORT AND
RECOMMENDATION AND TO THE ECONOMIC
DEVELOPMENT COMMISSION FOR REVIEW AND
CONSIDERATION
WHEREAS, the City of Alameda ( "City ") adopted a Fifth
Amendment to the Community Improvement Plan for the Business and
Waterfront Improvement Project on April 1, 2003 by Ordinance No. 2896
( "BWIP Fifth Amendment "), and a Fourth Amendment to the Community
Improvement Plan for the West End Community Improvement Project on
April 1, 2003, by Ordinance No. 2897 ( "WECIP Fourth Amendment "); and
WHEREAS, the Community Improvement Commission of the City
of Alameda ( "CIC ") wishes to revise the Community Improvement Plan
for the Business and Waterfront Improvement Project ( "BWIP Plan ") and
the Community Improvement Plan for the West End Community
Improvement Project ( "WECIP Plan ") to make technical clarifications to
certain language that was contained in the BWIP Fifth Amendment and
WECIP Fourth Amendment; and
WHEREAS, Section 33453 of the Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) provides that, prior to a joint
public hearing on proposed amendments to a redevelopment plan, the
redevelopment agency shall submit the proposed amendments to the
planning commission and the planning commission shall submit its report
and recommendations concerning such amendments within thirty (30) days
after its submission by the redevelopment agency; and
WHEREAS, it is a policy of the City that matters pertaining to
economic development be referred to the City's Economic Development
Commission; and
WHEREAS, the CIC has prepared and completed proposed technical
clarification amendments to the BWIP Plan and the WECIP Plan;
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEDA DOES RESOLVE THAT the
proposed Ninth Amendment to the Community Improvement Plan for the
Business and Waterfront Improvement Project and the proposed Seventh
Amendment to the Community Improvement Plan for the West End
Community Improvement Project in the forms attached hereto, respectively,
as Exhibit A and Exhibit B (collectively, the "Proposed Amendments"), are
hereby referred to the City's Planning Board for report and recommendation
and to the Economic Development Commission for review and consideration.
BE IT FURTHER RESOLVED that due to City policy requiring the
Economic Development Commission to review amendments to community
improvement plans prior to the Planning Board's review and the Planning
Board's policy of noticing items to be considered by the Planning Board for a
minimum of thirty (30) days, the CIC hereby extends the time for the
Planning Boards report and recommendations on the Proposed Amendments
to sixty (60) days after the CIC's submission.
EXHIBIT A
NINTH AMENDMENT TO THE COMMUNITY
IMPROVEMENT PLAN FOR THE BUSINESS AND
WATERFRONT IMPROVEMENT PROJECT
The Community Improvement Plan for the Business and Waterfront Improvement Project (the
"Plan ") originally adopted June 18, 1991, by Ordinance No. 2559, and amended on December 6,
1994, by Ordinance No. 2681; June 6, 2000, by Ordinance No. 2835; September 19. 2000, by
Ordinance No. 2844; April 17, 2001, by Ordinance No. 2857; April 1, 2003, by Ordinance No.
2896; November 4, 2003, by Ordinance No. 2910; January 2. 2006, by Ordinance No. 2956; and
February 20, 2007, by Ordinance No. 2963, is hereby further amended as follows:
1. The second to the last paragraph of Section 502 of the Plan is hereby revised to
read as follows:
"Notwithstanding any other provision of this Scction 502 to the contrary, as of
May 1, 2003 (the effective dates of Ordinance No. 2896 adopting the Fifth
Amendment to this Plan, and Ordinance No. 2897 adopting the Fourth
Amendment to the Community Improvement Plan of the West End Community
Improvement Project Area, which ordinances, among other things, merged the
Business and Waterfront and West End Community Improvement Project Areas),
the number of dollars of taxes which may be divided and allocated to the
Commission from the Original Project Area of this Plan and from the West End
Community Improvement Project Area for the Merged WECIP /BWIP Project
Area (defined below) will be Six Hundred Ninety -One Million Dollars
($691,000,000), the total combined tax increment limits for the Original Project
Area of the Business and Waterfront Improvement Project and the West End
Community Improvement Project Area."
2. Except, as amended in paragraph 1 above, all other provisions of the Plan remain
in effect, it being understood that the purpose of this Ninth Amendment is only to clarify a
technical ambiguity in the Plan, as it was amended by the Fifth Amendment to the Plan. The
Fifth Amendment to the Plan, among other things, merged the Business and Waterfront and West
End Community Improvement Project Areas and added area known as the Exchange Area to the
Business and Waterfront Improvement Project Area. Because the Exchange Area was added
after January 1, 1994, it is not subject to a tax increment dollar limit pursuant to Section
33333.4(a)(1) and (g)(1) of the California Health and Safety Code.
EXHIBIT B
SEVENTH AMENDMENT TO THE COMMUNITY
IMPROVEMENT PLAN FOR THE WEST END
COMMUNITY IMPROVEMENT PROJECT
The Community Improvement Plan for the West End Community Improvement Project (the
"Plan ") originally adopted July 5, 1983. by Ordinance No. 2141, and amended on January 2;
1985, by Ordinance No. 2222; December 6, 1994, by Ordinance No. 2682; November 19, 2002,
by Ordinance No. 2889; April 1, 2003, by Ordinance No. 2897; November 4, 2003, by
Ordinance No. 2910; and August 21, 2007, by Ordinance No. 2970, is hereby further amended as
follows:
1. The second to the last paragraph of Section VIII.B. of the Plan is hereby revised
to read as follows:
"Notwithstanding any other provision of this Section B to the contrary, as of May
1, 2003 (the effective dates of Ordinance No. 2896 adopting the Fifth Amendment
to the Community Improvement Plan for the Business and Waterfront
Improvement Project ( "BWIP Plan "), and Ordinance No. 2897 adopting the
Fourth Amendment to this Plan, which ordinances, among other things, merged
the Business and Waterfront and West End Community Improvement Project
Areas), the number of dollars of taxes which may be divided and allocated to the
Commission from the West End Community Improvement Project Area pursuant
to this Plan and the Original Project Area of the BWIP Plan (as defined in Section
200 of the BWIP Plan) for the Merged WECIP /BWIP Project Area (defined
below) will be Six Hundred Ninety -One Million Dollars ($691,000,000), the total
combined tax increment limits for the West End Community Improvement Project
Area and the Original Project Area of the Business and Waterfront Improvement
Project."
2. Except, as amended in paragraph 1 above, all other provisions of the Plan remain
in effect. it being understood that the purpose of this Seventh Amendment is only to clarify a
technical ambiguity in the Plan, as it was amended by the Fourth Amendment to the Plan. The
Fourth Amendment to the Plan, among other things, merged the Business and Waterfront and
West End Community Improvement Project Areas. However, the Fifth Amendment to the
BWIP Plan also added area known as the Exchange Area to the Business and Waterfront
Improvement Project Area. Because the Exchange Area was added after January 1, 1994. it is
not subject to a tax increment dollar limit pursuant to Section 33333.4(a)(1) and (g)(1) of the
California Health and Safety Code.
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 Community Improvement Commission on the 3rd day of March, 2009,
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, I have hereunto set my hand and affixed the official seal of said
Commission this 4th day of March, 2009.
Lara Weisiger, Secre a
Community Improveme
Beverly Johns
Community Imp ission