Loading...
CIC Resolution 11-184COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 11 -184 ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE PROPOSED ISLANDER PROJECT WHEREAS, the Community Improvement Commission of the City of Alameda ( "CIC "), the Housing Authority of the City of Alameda, and Resources for Community Development ( "RCD ") entered into an Owner Participation Agreement dated March 2, 2011, as amended to date, which provides for the acquisition and rehabilitation of the existing Islander Motel for development of very -low and low income affordable housing (the "Project "); and WHEREAS, the Project will result in the temporary or permanent displacement of certain persons or families from their dwelling units; and WHEREAS, Section 6038 of the Relocation Assistance and Real Property Acquisition Guidelines (Cal.Code Regs. §6000, et seq.) (the "State Relocation Guidelines "), and the relocation guidelines adopted by the CIC by Resolution No. 83 -5 adopted pursuant to the State Relocation Guidelines (the "CIC Relocation Guidelines "), require that a public entity prepare a relocation plan for all persons to be displaced as a result of a project carried out by a public entity; and WHEREAS, a draft Residential Antidisplacement and Relocation Assistance Plan for the proposed Islander Project (the "Draft Relocation Plan ") was prepared and a notice of the availability of the Draft Relocation Plan for review was sent to all occupants within the boundaries of the Project at least 30 days prior to CIO's submission of the Draft Relocation Plan to the City Council of the City of Alameda ( "City Council "); and WHEREAS, all comments received on the Draft Relocation Plan and responses to those comments have been incorporated into the final proposed Residential Antidisplacement and Relocation Assistance Plan for the Islander Project (the "Final Relocation Plan "); and WHEREAS, in accordance with Section 6038(a) of the State Relocation Guidelines, the CIC has submitted the Final Relocation Plan to the City Council for approval. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The CIC hereby adopts the Residential Antidisplacement and Relocation Plan for the Islander Project (the "Relocation Plan"), attached hereto and incorporated herein by reference. Section 2. Based on the Relocation Plan, the CIC hereby finds and determines: a. That fair and reasonable relocation payments will be provided to eligible persons, as required by the State Relocation Guidelines and CIC Relocation Guidelines (collectively hereinafter referred to as the "Relocation Guidelines"). b. That a relocation assistance program offering the services described in the Relocation Guidelines has been established. c. That eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures, provided for in the Relocation Guidelines. d. That based upon a recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing, and considering competing demands for that housing, comparable replacement dwellings will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them. e. That adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status or national origin with minimum hardship to those affected. f. That a relocation plan meeting the requirements of Section 6038 of the State Relocation Guidelines has been prepared. 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 meeting assembled on the 20th day of September, 2011, by the following vote to wit: AYES: Commissioners Bonta, deHaan, and Tam — 3. NOES: None. ABSENT: Chair Gilmore and Commissioner Johnson - 2 ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 21st day of September, 2011. L/‘ Lara Weisiger, Secretar Community Improveme wrnmission Marie Gilmore, Chair Community Improvement Commission COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 11 -184A DETERMINING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES IN FISCAL YEAR 2010 -11 BY THE COMMISSION'S LOW /MODERATE INCOME HOUSING FUND WERE NECESSARY FOR THE PRODUCTION, IMPROVEMENT AND /OR PRESERVATION OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME HOUSEHOLDS 0 c WHEREAS, the Community Improvement Plan for the West End es ! '1 c° Community Improvement Project was adopted on June 28, 1983, by Ordinance No. 2141, as amended by Ordinance Nos. 2222, 2682, 2889, 2897, 2910 and 2970; and WHEREAS, the Community Improvement Plan for the Alameda Point Improvement Project was adopted on June 18, 1991, by Ordinance No. 2559, as amended by Ordinance Nos. 2681, 2835, 2844, 2857, 2896, 2910, 2956, 2963 and 2999; and WHEREAS, the Community Improvement Plan for the West End Community Improvement Project was adopted on March 3, 1998, by Ordinance No. 2754, as amended by Ordinance Nos. 2985 and 2910; and WHEREAS, pursuant to Section 33334.2 (a) of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL ") not less than 20% of all taxes which are allocated to the Community Improvement Commission of the City of Alameda ( "Commission ") shall be set aside by the Commission in a Low /Moderate Housing Fund and 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 costs to people and families of low and moderate income; and WHEREAS, pursuant to Section 33334.3(d) of the CRL, it is the intent of the California State Legislature that the amount of money spent for planning and general administration from the Low /Moderate Housing Fund not be disproportionate to the amount actually spent for the cost of production; and WHEREAS, Section 33334.3(e) of the CRL further provides that an agency shall determine annually that the planning and administrative expenses are necessary for the production, improvement, or preservation of low- and moderate - income housing. NOW THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES RESOLVE that it was necessary to spend $423,497 of the total $4,115,865 Low/Moderate Housing Fund expenditures for the planning and administrative expenses associated with the production, improvement and/or preservation of low and moderate housing during the 2010-11 fiscal year, and that the foregoing amount of planning and administrative expenses was not disproportionate to the amount actually spent for the costs of production, improvement or preservation of that housing. 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 regular meeting of the Community Improvement Commission on the 20th day of December, 2011, by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. Lara Weisiger, Secretary Community Improvement C imission Marie Gilmore, Chair Community Improvement Commission COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 11-184B AUTHORIZING A REDUCTION IN THE COMMUNITY IMPROVEMENT COMMISSION'S FISCAL YEAR 2011-12 ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND AND MAKING CERTAIN FINDINGS RELATED THERETO WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted, and the Governor signed: (i) ABX1 26, which prohibits agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that agencies are deemed to be dissolved as of October 1, 2011; and (ii) ABX1 27, which provides that agencies do not have to cease activities and do not have to dissolve, if the community creating the redevelopment agency enacts an ordinance agreeing to comply with the alternative voluntary redevelopment program described in Section 2 of ABX1 27 adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and Safety Code ("Alternative Redevelopment Program"); and WHEREAS, the Alternative Redevelopment Program requires the City to remit specific annual payments to the Alameda County Auditor-Controller ("City Remittance"); and WHEREAS, the City has been notified that its payment to the Alameda County Auditor-Controller for the 2011-12 fiscal year will be $4,327,384, which payment is required to be made in two installments on January 15, 2012, and May 15, 2012; and WHEREAS, the City Council of the City of Alameda ("City") adopted Ordinance No. 3034 ("Ordinance") on July 19, 2011, determining that the City would comply with the Alternative Redevelopment Program, subject to certain terms and conditions, and has notified the State Department of Finance, the State Controller and the Alameda County Auditor-Controller of such determination; and WHEREAS, pursuant to Section 34194.2 of the Health and Safety Code, the City and the Community Improvement Commission of the City of Alameda ("CIC") have entered into a Remittance Agreement ("Remittance Agreement"), which provides, among other things, for CIC's annual transfer of tax increment funds to the City in an amount not to exceed the annual City Remittance required to be paid under the Alternative Redevelopment Program; and WHEREAS, Health and Safety Code Section 34194.3 provides that if an agency finds there are insufficient funds to meet its debt and other obligations, current priority program needs, or its obligations under Section 34194.2, it shall be exempt from making the full allocation required to be made to the agency's Low and Moderate Income Housing Fund for the 2011 -12 fiscal year only; and WHEREAS, CIC desires to reduce the fiscal year 2011 -12 allocation to the CIC's Low and Moderate Income Housing Fund so that CIC can pay its debt service and existing obligations, and current priority program needs, including administrative costs of such programs, as well as make the payments authorized by Health and Safety Code Section 34194.2; and WHEREAS, although the City intends to make the City Remittance payments as set forth in the Ordinance and the Remittance Agreement, the Ordinance and Remittance Agreement each provides that it shall be deemed null and void if ABX1 26 and ABX1 27 are determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or inapplicable, for any reason. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The CIC hereby finds that it does not have sufficient funds to meet its fiscal year 2011 -12 obligations under the Remittance Agreement as authorized by Health and Safety Code Section 34194.2. The other monies available to and to be received by the Agency in fiscal year 2011 -12 are required for the payment of CIC debt service and existing obligations, and current priority program needs, including administrative costs of such programs, and are insufficient to make the payments authorized by Health and Safety Code Section 34194.2. This finding is supported by the information and documents provided by CIC staff to the CIC Board of Commissioners at the meeting approving this resolution. Section 2. The CIC hereby authorizes a reduction of the fiscal year 2011 -12 allocation to the Agency's Low and Moderate Income Housing Fund required to be made pursuant to Health and Safety Code Section 33334.2 in the amount of $1,000,000 for the sole purpose of making its fiscal year 2011 -12 payment obligation under the Remittance Agreement. Section 3. If ABX1 26 and ABX1 27 are determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or inapplicable, for any reason and, therefore, the Remittance Agreement is deemed null and void, this resolution shall also be deemed null and void, and, if CIC has already transferred the annual amount of tax increment to City for fiscal year 2011 -12 and City has paid the annual City Remittance, CIC shall pursue with City recovery of those funds for purposes of refunding the CIC such amounts, including refunding the CIC's Low and Moderate Income Housing Fund the amount by which said fund was reduced to make the City Remittance payments. Section 4. The CIC Executive Director is hereby authorized to take such actions as are necessary and appropriate to carry out this resolution. * Y * * * Y 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 meeting assembled on the 20`h day of December, 2011, by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 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 21st day of December, 2011. I- Lara Weisiger, Secretar Community Improveme mmission Marie Gilmore, Chair Community Improvement Commission