CIC Resolution 91-48COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA
RESOLUTION NO. 91-48
APPROVING AND ADOPTING RULES GOVERNING PARTICIPATION BY
PROPERTY OWNERS AND THE EXTENSION OF REASONABLE
PREFERENCES TO BUSINESS OCCUPANTS IN THE BUSINESS AND
WATERFRONT IMPROVEMENT PROJECT
WHEREAS, Section 33345 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et sea.)
provides that a redevelopment agency shall adopt and make available
for public inspection rules to implement the operation of owner
participation in connection with a redevelopment plan; and
WHEREAS, Section 33339.5 of the Health and Safety Code
provides that a redevelopment agency shall adopt and make available
for public inspection rules regarding the extension of reasonable
preferences to persons who are engaged in business in the project
area to reenter in business within the redevelopment area if they
otherwise meet the requirements prescribed by the redevelopment
plan;
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF
THE CITY OF ALAMEDA DOES HEREBY approve and adopt the "Rules
Governing Participation by Property Owners and the Extension of
Reasonable Preferences to Business Occupants in the Business and
Waterfront Improvement Project" in the form attached hereto and
incorporated herein by reference.
ATTACHMENT 1
RULES GOVERNING PARTICIPATION BY PROPERTY
OWNERS AND THE EXTENSION OF REASONABLE
PREFERENCES TO BUSINESS OCCUPANTS IN THE
BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
Adopted by the
Community Improvement Commission
of the City of Alameda
04/05/91
TABLE OF CONTENTS
Page
I. [S100] PURPOSE AND INTENT 1
II. [S200] DEFINITIONS . . . . . . . . . . . • • • • • • 1
III. [S300] ELIGIBILITY 2
IV. [S400] TYPES OF PARTICIPATION 2
V. [S500] CONFORMING OWNERS 3
VI. [S600] OWNER PARTICIPATION AGREEMENTS 4
VII. [S700] NOTICE TO OWNERS; TIME TO ENTER INTO
AGREEMENT. . . . . . . . • • • • • • • • • • 4
VIII. [S800] CONTENTS OF OWNER PARTICIPATION AGREEMENTS . . 4
IX. [S900] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE
COMMISSION. . . . . . . .. • • • • . . . . . 5
X. [S1000] PREFERENCE TO BUSINESS OCCUPANTS WITHIN THE
PROJECT AREA 5
XI. [S1100] AMENDMENT OF RULES 5
r
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RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS
AND THE EXTENSION OF REASONABLE PREFERENCES TO
BIISINESS OCCUPANTS IN THE BIISINESS AND WATERFRONT
IMPROVEMENT PROJECT
(5100] PURPOSE AND INTENT
These rules are adopted pursuant to the Community
Redevelopment Law of the State of California in order to implement
the provisions of the Redevelopment Plan for the Business and
Waterfront Improvement Project regarding participation by property
owners and the extension of reasonable preferences to business
occupants 'within the Project. These rules set forth the procedures
governing such participation and preferences.
It is the intention of the Commission to encourage and permit
participation on the redevelopment of the Project Area by property
owners and to extend reasonable preferences to business occupants
of real property within the boundaries of the Project Area to the
maximum extent consistent with the objectives of the Redevelopment
Plan.
II. ( §200] DEFINITIONS
As used herein, the following definitions apply:
(1) "Commission" means the Community Improvement Commission
of the City of Alameda.
(2) "Business Occupant" means any person, persons,
corporation, association, partnership or other entity engaged in
business within the Project Area on or after the date of adoption
of the Community Improvement Plan by the City Council of the City
of Alameda.
(3) "Owner" means any person, persons, corporation,
association, partnership or other entity holding title of record to
real property in the Project Area on or after the date of adoption
of the Community Improvement Plan by the City Council of the City
of Alameda.
(4) "Owner Participation Agreement" means an agreement
entered into by an Owner with the Commission in accr;:dance with the
provisions of the Community Improvement Plan and these rules.
(5) "Project Area" means the area described in the "Legal
Description of the Project Area Boundaries" (Attachment No. 1 of
the Community Improvement Plan) and shown on the "Business and
Waterfront Improvement Plan Area Map" (Attachment No. 2 of the
Community Improvement Plan).
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(6) "Community Improvement Plan" means the Community
Improvement Plan for the Business and Waterfront Improvement
Project as adopted by the City Council of the City of Alameda.
III. [S300] ELIGIBILITY
Owners shall be eligible to participate in the redevelopment
of property within the Project Area in accordance with the
provisions of the Community Improvement Plan, these rules and the
limitations herein described.
Participation opportunities are necessarily subject to, and
limited by, factors such as the following:
(1) The elimination and changing of some land uses;
(2) The construction, widening or realignment of some
streets;
(3) The ability of participants to finance acquisition and
development or rehabilitation in accordance with the Community
Improvement Plan;
(4) The reduction in the total number of individual parcels
in the Project Area; and
(5) The construction or expansion of public facilities.
The Commission presently contemplates that in carrying out the
Community Improvement Plan, certain portions of the Project Area
may be acquired by the Commission for public improvements,
facilities and utilities and for other uses and purposes in
accordance with the Community Improvement Plan. Therefore, owner
participation opportunities will not be available for such
properties.
IV. [S400] TYPES OF PARTICIPATION
Subject to these rules and the limitations in Section 300 and
this Section 400, Owners shall be given a reasonable opportunity to
participate in redevelopment by:
(1) Retaining all or a portion of their properties and
developing or improving such property for use in accordanr.. with
the Community Improvement Plan;
(2) Acquiring adjacent or other properties within the Project
Area and developing or improving such property for use in
accordance with the Community Improvement Plan; or
(3) Selling their properties to the Commission and purchasing
other properties in the Project Area and developing or improving
2 04/05/91
such property for use in accordance with the Community Improvement
Plan.
Each proposal for participation shall be reviewed by the
Commission specifically with respect to the following:
(1) Conformity with the land use provisions of the Community
Improvement Plan;
(2) Compatibility with the standards, covenants,
restrictions, conditions and controls of the Community Improvement
Plan;
(3) Compatibility with parcelization of the Project Area into
sites adequate for redevelopment; and
(4) The participant's ability to finance the acquisition and
development or improvement in accordance with the Community
Improvement Plan.
If conflicts develop between the desires of participants for
particular sites or land uses, the Commission is authorized to
establish reasonable priorities and preferences among the Owners.
Some of the factors to be considered in establishing these
priorities and preferences may include:
(1) A participant's length of occupancy in the area;
(2) Accommodation of as many participants as possible;
(3) Similarity of land use;
(4) The necessity to assemble sites for integrated, modern
development;
(5) Conformity of a participant's proposal with the intent
and objectives of the Community Improvement Plan; and
(6) Service to the community of a participant's proposal.
V. [S500] CONFORMING OWNERS
The Commission may, in its sole and absolute discretion,
determine that certain real property within the Project Area
presently meets the requirements of the Community Improvement Plan,
and the Owners of such property will be permitted to remain as
conforming Owners without an Owner Participation Agreement with the
Commission, provided such Owners continue to operate, use and
maintain the real property within the requirements of the Community
Improvement Plan.
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In the event that any of the conforming Owners desire to (1)
construct any additional improvements or substantially alter or
modify existing structures on any of the real property described
above as conforming, or (2) acquire additional property within the
Project Area, then, in such event, such conforming Owners may be
required by the Commission to enter into an Owner Participation
Agreement with the Commission.
VI. [S600] OWNER PARTICIPATION AGREEMENTS
Public and private Owners wishing to develop or improve their
properties within the Project Area may be required, as a condition
to Commission approval of such development or improvement, to enter
into an Owner Participation Agreement with the Commission if the
Commission determines it is necessary to impose upon such property
any of the standards, restrictions and controls of the Community
Improvement Plan. The Agreement may require the participant to
join in the recordation of such documents as the Commission may
require in order to ensure the property will be developed and used
in accordance with the Community Improvement Plan and the Owner
Participation Agreement.
VII. [S700] NOTICE TO OWNERS; TIME TO ENTER INTO AGREEMENT
If the Commission determines that an Owner of real property
within the Project Area shall be required to enter into an Owner
Participation Agreement as provided in Section 600 of these rules,
the Commission shall notify the Owner in writing of its intention
to require an Owner Participation Agreement and shall provide the
Owner with a copy of the proposed Owner Participation Agreement.
An Owner presented with an Owner Participation Agreement by
the Commission must enter into the Agreement within a reasonable
period of time as determined by the Commission. An Owner must
submit proof of his qualifications, including financial
responsibility, to carry out the terms and provisions of the Owner
Participation Agreement.
VIII. [S800] CONTENTS OF OWNER PARTICIPATION AGREEMENTS
An Owner Participation Agreement shall obligate the Owner, his
heirs, and successors and assigns, and tenants to devote the
property to the uses specified in the Community Improvement Plan,
abide by all provisions and conditions of the Community Improvement
Plan for the period of time that the Community Improvement Plan is
in force and effect, and comply with all the provisions of the
Owner Participation Agreement according to their terms, duration
and effect.
An Owner Participation Agreement may provide that if the Owner
does not comply with the terms of the Agreement, the Commission, in
addition to other remedies, may acquire such property or any
4 04/05/91
interest therein by any lawful means, including eminent domain, for
its fair market value as of the date of the Owner Participation
Agreement, and the Commission may thereafter dispose of the
property or interest so acquired in accordance with the Community
Improvement Plan.
An Owner Participation Agreement shall contain such other
terms and conditions which, in the discretion of the Commission,
may be necessary to effectuate the purposes of the Community
Improvement Plan.
IX. [S900] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE
COMMISSION
The Commission shall not acquire real property to be retained
and developed by an Owner pursuant to a fully executed Owner
Participation Agreement if the Owner fully performs under the
Agreement.
The Commission shall not acquire real property on which an
existing building is to be continued on its present site under the
Community Improvement Plan and in its present form and use without
the consent of the Owner, unless:
(1) Such building requires structural
improvement, modernization or rehabilitation;
(2) The site or lot on which the building
requires modification in size, shape or use; or
alteration,
is situated
(3) It is necessary to impose upon such property any of the
controls, limitations, restrictions and requirements of the
Community Improvement Plan, and the Owner fails or refuses to
participate in redevelopment by executing an Owner Participation
Agreement in accordance with the provisions of the Community
Improvement Plan.
X. [S1000] PREFERENCE TO BUSINESS OCCUPANTS WITHIN THE PROJECT
AREA
Business Occupants who desire to remain within the Project
Area shall be extended a reasonable preference to remain or reenter
in business within the Project Area, if they otherwise meet the
requirements prescribed in these rules and the Redevelopment Plan.
XI. [S1100] AMENDMENT OF RULES
These rules may be modified or amended from time to time by
the Commission at any regular or duly called special meeting,
provided, however, that no such amendment shall retroactively
impair the rights of Owners who have executed Owner Participation
5 04/05/91
Agreements with the Commission in reliance upon these rules as
presently constituted.
,13o+ \or+arruT.f20
i� �Ialwnx Past �c. a�oswnt
6 04/05/91
To: Honorable Chairman and
Members of the Community Improvement Cc Mc,i et_
ATTACHMENT 2
April 5, 1991
/ kfiG%
From: Helen Sause
Chair, Economic Development Commission
Re:
Background
Completion of Review of Rules Governing Participation by
Property Owners and the Extension of Reasonable
Preferences to Business Occupants in the Business and
Waterfront Improvement Project Area
State law requires that every redevelopment plan provide property
owners in the project area the opportunity to participate in
redevelopment if they agree to conform to the redevelopment plan.
The law also requires the Community Improvement Commission (CIC) to
extend reasonable preference to business persons in the project
area to re-enter business within the project area if they are
displaced as a consequence of the redevelopment process. The
schedule for Business and Waterfront Improvement Project Area
(BWIP) plan adoption calls for consideration of the proposed Rules
by the CIC at its meeting of April 16, 1991.
Discussion and Analysis
The Economic Development Commission (EDC) has completed its review
of the proposed "Rules Governing Participation by Property Owners
and the Extension of Reasonable Preferences to Business Occupants
in the Business and Waterfront Improvement Project Area" ("Rules").
These proposed Rules are based on a model provided by the City's
Redevelopment Attorney are essentially identical to those adopted
by the CIC for the current redevelopment project area. The
Economic Development Commission (EDC), at its meeting of
December 5, 1990, reviewed the rules adopted for the WECIP and
established a Working Group to discuss land acquisition policies
and to review Rulr.. drafted for the BWIP.
On February 25, tne Working Group discussed, and on March 6, the
EDC discussed, the proposed Rules for Owner Participation. On
April 3, the EDC completed its review approved the proposed Rules
for consideration by the CIC.
Budget Considerations/Fiscal Impact
There is no impact on the General Fund.
Honorable Chairman and Page 2
Members of the Community Improvement Commission April 5, 1991
Regommendation
The EDC has completed its review and commends the proposed Rules
Governing Participation by Property Owners and the Extension of
Reasonable Preferences to Business Occupants in the Business and
Waterfront Improvement Project Area to the CIC for action.
Respectfully submitted,
Helen Sause
Chair
Economic Development Commission
4 02 \son. c .A05
f CDC \ Comma .
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 regular meeting
assembled on the sixteenth day of April, 1991, by the following
vote to wit:
AYES: Commissioners Arnerich, Camicia, Thomas,
Withrow and Chairman Corica - 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 seventeenth day of April,
1991.
Dian e sch, ecretary
Community Improvement Commission
Chuck Corica, Chairman
Community Improvement Commission