Ordinance 2681CITY OF ALEDA ORDINANCE NO. 2681
New Series
AMENDING THE COMMITY IMPROVEMENT PLA
FOR THE
BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
WHEREAS, on June 18 , 1991, the City of Alameda adoptedthe Community Improvement Plan (CIP) for the Business andWaterfront Improvement Project (BWIP) pursuant to State of
California Community Redevelopment Law , which included certain time
limits on allowable activities; and
WHEREAS , Assembly Bill 1290 (AB 1290), the Community
Redevelopment Reform Act of 1993, was approved by the Governor on
October 8 , 1993 (Chapter 942, Statutes of 1993); and
WHEREAS, AB 1290 added section 33333.(a) to the
California Health and Safety Code , which contains a time limit on
the establishing of loans , advances , and indebtedness not to exceed
twenty years from the adoption of the CIP; and
WHEREAS , AB 1290 added Section 33333.(b) to the. California Health and Safety Code , which establishes that the
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effectiveness of the CIP shall not exceed 40 years from the date of
adoption of the CIP, except to pay previously incurred indebtedness
and to enforce existing covenants , contracts , or other obligations;
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and
WHEREAS , AB 1290 added California Health and Safety Code
Section 33333.(c) , which establishes that the Community
Improvement Commission (CIC) shall not pay indebtedness or receivetax increment after ten years from the termination of the
effectiveness of the CIP; and
WHEREAS California Health and Safety Code Section33333.6 (e) (1) requires that on or before December 31, 1994 the CIC
shall amend the CIP for the BWIP to establish time limits that do
not exceed the provisions of section 33333.6; and
WHEREAS California Health and Safety Code Section33333.6 (e) (2) provides that in adopting the ordinance required by
Section 33333.6, neither the City Council nor the CIC is required
to comply with Article 12 (commencing with Section 33450) or any
provision of this part relating to the amendment of redevelopment
plans.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Alameda that:
Section 1 . In accordance with the requirements of California
Health and Safety Code section 33333., the Community Improvement
Commission of the City of Alameda hereby adopts the attached
revisions to the seventh paragraph of Section 502 and section 800
of the Community Improvement Plan for the Business and Waterfront
Improvement Project area as set forth for the Business and
Waterfront Improvement Project area as set forth in Attachment No.1 and incorporated herein.
section 2 . In addition to limitations established in Section
1 of this Ordinance , this Ordinance hereby incorporates those
provisions of subsections (g) and (h) of California Health and
Safety Code section 33333.
section 3 This Ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
Presiding Officer
Attest:
ci Clerk
ATTACHMENT 1
Amendment To the Community Improvement Plan for the Business and
Waterfront Improvement Project (BWIP)
Section 502
The Commission shall not establish or incur loans , advances or
indebtedness to finance in whole or in part the Project beyondtwentv vears (20\ t.went.y five (25)years from the date of
adoption of this Plan. This limit, however., shall not prevent
agencies from incurring debt to be paid from the Low and
Moderate Income Housing Fund or establishing more debt in
order to fulfill the agency's housing obligations.
aavanees or inaest.eaness may se re aia ever a eriea ef t.ime
seyena saia time limit. The Aqencv shall not pav indebtedness
or receive property taxes after ten (10\ years from the
termination of the effectiveness of this plan. except as
allowed under California Health and Safety Code Section33333.
Section 800
Except for the nondiscrimination and non-segregation
provisions which shall run in perpetuity, the provisions of
this Plan shall be effective , and the provisions of otherdocuments formulated . pursuant to this Plan may be madeeffective, for forty (40) years from the date of adoption of
this Plan by the City Council. After the time limit on the
effectiveness of the Plan. the Aqency shall have no authority
to act pursuant to the Plan except to pay previous Iv incurred
indebtedness and to enforce existinq covenants. contracts. orother obl iqations.
' 'the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
. ,
meda in regular meeting assembled on the 6th day of,
December , 1994 by the following vote to 'wit:
AYES:Councilmembers Appezzato, Arnerich, Lucas,Roth and President withrow - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF, I have hereunto set my hand and aff ixed the
official seal of said City this 7th day of December , 1994.
du 15 -UL
Diane B. Felsch, City Clerk
City of Alameda