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CIC Resolution 83-7ALAMEDA COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 83-7 ADOPTING RULES TO IMPLEMENT PREFERENCE TO DISLOCATED BUSINESS PARTICIPANTS AND AUTHORIZING TRANSMITTAL OF SAME TO THE ALAMEDA CITY COUNCIL WHEREAS, pursuant to California Community Redevelopment Law, every Community Improvement Project must provide rules for owner participation and business tenant preferences; and WHEREAS, the Community Improvement Commission staff has prepared those rules for the proposed Alameda West End Community Improvement Project Area, which rules meet the requirements of state law and are in the best interest of the Project and the citizens and business concerns located within the proposed Project Area; and WHEREAS, the Rules to Implement Preference to Dislocated Businesses and Owner Participants are attached hereto as Exhibit A, and said attachment is incorporated into this Resolution as if fully set forth herein. NOW, THEREFORE, BE IT RESOLVED that the aforesaid Rules to Implement Preference to Dislocated Businesses and Owner Partici- pants aforesaid are hereby adoptd for the aforesaid Project. BE IT FURTHER RESOLVED that copies of such rules shall be transmitted by the Executive Director to the Alameda City Council for its review prior to a hearing on the adoption of the Community Improvement Plan for the Project. 0„. * * * * * * a 0 RULES TO IMPLEMENT PREFERENCE TO DISLOCATED BUSINESSES AND OWNER PARTICIPANTS IN THE ALAMEDA COMMUNITY IMPROVEMENT PROJECT AREA ALAMEDA COMMUNITY IMPROVEMENT COMMISSION DATED: 1 EXHIBIT "A" I. POLICY OF THE COMMISSION The Community Redevelopment Law requires that the Commission extend reasonable preference to persons who are engaged in business in the project area to re-enter in business within the area if they otherwise meet the requirements of the Alameda Community Improvement Plan. The law further provides that the owners of property be given the reasonable opportunity to par- ticipate in the project provided such participation is consistent with the requirements, goals and objectives of the Plan. It is the policy of the Alameda Community Improvement Commission to encourage the participation of property owners and businesses within the project area as such is necessary if the community improvement process is to be successful in revital- izing the proposed Improvement Project Area. It is anticipated that the Plan to be adopted by the Commis- sion may provide for some very limited acquisition of certain real property within the project area pursuant to those guide- lines, conditions and requirements set forth within the Community Improvement Plan. It is the policy of the Commission to mini- mize acquisition if at all possible, and therefore the Commis- sion's policy of encouraging participation of property owners and businesses within the project area shall be vigorously pursued. To that end, the Commission has established basic rules to implement business preference and owner participation within the project area. The adoption of these rules is required by State law. However, it should be noted that at this time there are no specific plans for the condemnation or acquisition of any on- 2 going businesses within the project area. Further, with the exception of certain undeveloped rights-of-way, there are no other plans at this time for any land acquisition by the Alameda Community Improvement Commission II. RULES TO IMPLEMENT PREFERENCES TO DISLOCATED BUSINESSES A. Names and addresses of all businesses which are dis- placed by Commission activities within the project area will be maintained by the Commission to assist developers in tenant selection for space within the project area. B. All land disposition documents in the project shall contain a provision indicating the Commission's preference for dislocated businesses and require the developer to extend rea- sonable preference to dislocated businesses which desire to remain or return to the project area, provided that the relocated business is in conformity with the requirements of the Plan. C. At such time as third party developers are in a posi- tion to seek business tenants for new developments within the project, the Commission shall cause notice of such space to be mailed to all businesses relocated from the project and shall offer reasonable non-financial assistance to such businesses as may be necessary to help secure the desired relocation. D. To foster owner participation in the project, the Commission shall advise all present businesses within the project area of their right to compete as developers of the project area. 3 III. RULES TO IMPLEMENT OWNER PARTICIPATION A. Conditions for participation: (1) Properties whose buildings may be retained. (a) The character of the buildings as well as their proposed use must be compatible with the land uses specified in the Plan. (b) As most properties within the project area conform to the Plan, no owner participation agreements will be required of any owner unless the Commission makes a finding that the present building does not conform to the requirements of the Plan. (c) In the event the finding in (b) above is made, said owner shall conform to the procedure outlined in Section III.B. (2) Properties whose buildings cannot be rehabilitated: (a) Owners of existing property, the buildings on which do not and cannot be made to conform to the Plan, may participate if they agree to demolish such buildings and redevelop their property in conformity with the Plan. (b) Lot sizes shall be sufficiently larger to permit conformance with the Plan. Owners where necessary must agree to buy additional land from the Community Improvement Commission. (c) The Commission shall, where appropriate, encourage and give preference to present owners of property within the Project Area to the extent such owners can demonstrate 4 the financial and technical ability to so perform. (3) Properties requiring Commission assistance in development: (a) Notwithstanding (1) and (2) above, owners of property, the development of which requires financial or other asistance from the Commission, regardless of whether the property is presently improved with one or more structures, shall, upon Commission approval to provide such assistance, enter into owner participation agreements with the Commission. B. Procedures for Participation. (1) Notification of "nonconformity of property and feasibility for owner participation". If a property owner receives the above notification he may become an owner participant by meeting the following require- ments: (a) All participants must agree to record or permit to be recorded on their property, the Declarations of Restrictions which are designed to protect the future use of the land as being consistent with the Community Improvement Plan. (b) Within sixty (60) days of said notification the owner shall meet with Commission staff to discuss necessary requirements to bring his property in conformity with the Plan. (c) Within ninety (90) days thereafter, the owner shall submit his preliminary improvement plans and a general statement of his plans for financing such improvements for review by the Commission. (d) The Commission may reasonably extend these time periods when it is in the best interest of the project to do 5 SO. (e) Upon acceptance of said plans as revised or corrected if necessary, the owner shall enter into an owner participation agreement with the Commission to assure the orderly development of the required improvement to the property. C. Failure to Participate. (1) It is the intention of the Commission to encourage owner participation. However, in the event an owner whose property is subject to B(1) above fails or refuses to participate in accordance with these rules, said owner may at the sole dis- cretion of the Commission forfeit his right of participation. (2) Failure to participate will cause the Commission to seek any and all remedies available under the law to achieve said participation and may, in the sole determination of the Commission, subject the property to acquisition by the Commis- sion, if it is determined by the Commission to be in the best interest of the project to so acquire the property. 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 assembled on the 3rd day of May, 1983, by the following vote to wit: AYES: Commissioners Diament, Gorman, Sherratt, Stone, and Chairman Corica - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 4th . day of May, 1983. L L Deen Speer6", tecretar if Community Improvement Commi's'sion Chuck Corica, Chairman Community Improvement Commission