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Ordinance 2857CITY OF ALAMEDA ORDINANCE NO. 2857 New Series AMENDING ORDINANCE NO. 2559 , AS AMENDED BY ORDINANCE NOS. 2681 , 2835 AND 2844 AND APPROVING AND ADOPTING THE AMENDMENT TO THE COMMUTY IMPROVEMENT PLAN FOR THE BUSINSS AND WATERFRONT IMPROVEMENT PROJECT WHEREAS, the City Council of the City of Alameda (the "City Council") adopted Ordinance No. 2559 on June 18 , 1991 , approving and adoptig the Communty Improvement Plan as amended by Ordinance No. 2691 adopted on December 6 , 1994 , Ordinance No. 2835 adopted on July 6, 2000 and Ordinance No. 2844 adopted on October 18 , 2000 (the "CIP") for the Business and Waterfront Community Improvement Project (the "Project"); and WHREAS , the Communty Improvement Commission of the City of Alameda (the "CIC" has been designted as the offcial redevelopment Commission to car out in the City of Alameda the fuctions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the CIP; and =- WHEREAS, the CIC has proposed an Amendment to the CIP for the Project (the Amendment") to change certn land use designations or descriptions of land use designations withn the Project Area and make other textual changes in connection therewith; and WHREAS, the Planng Board of the City of Alameda (the "Planng Board") has reviewed the Amendment and provided its report that the Amendment conforms to the General Plan of the City of Alameda; and )=- ii WHREAS , the City Council has received from the CIC the proposed Amendment , together with the Report of the Commission and the Negative Declaration on the Amendment; and WHREAS, the City Council and the CIC held a joint public hearng on April 3 , 2001 , on adoption of the Amendment in the City Council Chambers , City Hall , 2263 Santa Clara Avenue Alameda, Californa; and WHREAS, a notice of said hearg was duly and regularly published in the Alameda Times S!, a newspaper of general circulation in the City of Alameda, once a week for three successive weeks prior to the date of said heag, and a copy of said notice and affdavit of publication are on file with the City Clerk; and WHREAS , copies ofthe notice of public hearng were mailed by first-class mail to the last known address of each assessee of each parcel of land in the Project Area , as shown on the last equalized assessment roll of the County of Alameda; and WHEREAS , copies of the notice of public hearing were mailed by first-clffs mail to all residents and businesses in the Project Area; and WHEREAS , copies of the notice of public hearng were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS , the Council has considered the Report of the Commission, the report of the Planng Board, the Amendment and the Negative Declaration, and has provided an opportunity for all persons to be heard , and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendment; and WHEREAS , the CIC and the City Council have reviewed and considered the Negative Declartion on the Amendment, as prepared and submitted puruant to Public Resources Code Section 15074 and Health and Safety Code Section 33352, and determed that the Amendment will not have a significant effect on the environment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMDA DOES HEREBY ORDAI AS FOLLOWS: Section L The purose and intent of the City Council with respect to the Amendment is to change the land use designations of cert propert in the Project Area and the description of a certain land use designation in the CIP to conform to the land uses permtted by the General Plan of the City of Alameda, and to facilitate implementation of the goals and objectives of the CIP. Section 2 . The City Council does hereby specifically find and determine that: a. It is desirable and necessar to amend the CIP in the maner set fort in the Amendment in order to complete the redevelopment of the Project Area and car out and implement the objectives of the CIP for the Project Area. Ths fiding is based upon the fact that the Amendment will provide for land use changes of cert proper withi the Project Area in conformity with recent changes to the General Plan of the City of Alameda which will assist in carng out the followig goals and objectives of the CIP: the replang, redesign and development of undeveloped area which are stagnant or improperly utilize; the eliation of unecnomic land uses; the elimtion of blightig inuences and envionmental deficiencies with the Project Area, such as inadequate or deteriorated public improvements, facilities and utilities; and expansion of the community's supply of low or moderate income and market rate housing. b. The Amendment will enable the Project Area to be redeveloped in conformty with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. Ths finding is based upon the fact that the Amendment wil implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions ofblight and deterioration in the Project Area, and by expanding the community's supply of low or moderate income housing. c. The adoption and carring out of the Amendment is economically sound and feasible. This finding is based upon the fact that the Amendment wil not affect the existing method of financing the Project , and no new public redevelopment activity shall be undertaken that is not already authorized in the existing CIP. d. The Amendment is consistent with the General Plan of the City of Alameda including, but not limited to, the communty's housing element, which substantially complies with the requirements of Aricle 10.6 of Chapter 3 of Division I of Title 7 of the Govemment Code. This finding is based on the Planing Board's report to the City Council that the Amendment conforms to the General Plan of the City of Alameda, as contained in Plang Board Resolution No. PB-OO- QL adopted on Februar 13,2001. e. . The carg out of the Amendment will promote the public peace, health, safety and welfare of the City of Alameda and will effectuate the puroses and policies of the Communty Redevelopment Law. This finding is based upon the fact that redevelopment pursuant to the Amendment wil benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area. Section 3 . No wrtten objections to the proposed Amendment have been received. Section 4 . The CIP for the Project, as adopted by Ordiance No. 2559, as amended by Ordinance Nos. 2681 , 2835 and 2844 , is hereby amended as set fort in the proposed" Amendment to the Communty Improvement Plan for the Business and Waterfont Improvement Project, incorporated herein and made a par hereof by reference. As so amended , the CIP is hereby incorporated by reference herein and designated as the offcial Communty Improvement Plan for the Business and Waterfont Improvement Project The Executive Director of the CIC is hereby authori to combine the CIP , as amended by the Amendment, into a single document, and said document, when filed with the City Clerk and the Secreta of the Commission, shall constitute the offcial CIP in place of the document curently constituting said CIP. Section 5 . In order to implement and facilitate the effectution of the Amendment hereby approved it may be necessar for the City Council to tae cert actions , and accrdigly, ths City Council hereby (a) pledges its cooperation in helping to car out the Amendment; (b) requests the varous offcials, deparents, boards and agencies of the City havig admstrtive responsibilties in the Project Area liewise to cooperate to such end and to exercise their respective fuctions and powers in a maner consistent with the redevelopment of the Project Area pursuant to the Amendment; (c) stads ready to consider and tae appropriate action upon proposals and measures designed to effectuate the Amendment; and (d) declares its intention to underte and complete any proceedings necessar to be cared out by the City under the provisions of the Amendment. Section 6 . Ordinance No. 2559 , as amended by Ordinance Nos. 2681 , 2835 and 2844 is continued in full force and effect as amended by this Ordinance. Section 7 . The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission , whereupon the CIC is vested with the responsibility for carring out the CIP as amended by the Amendment. Section 8 . The City Clerk is hereby directed to record with the County Recorder of Alameda County a notice of the approval and adoption of the Amendment pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amendment have been instituted under the California Community Redevelopment Law. Section 9 Effective Date.This Ordinance shall be in full force and effect thirty (30) days after its passage. Section 10 Publication . The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Alamed Times Star a newspaper of general circulation , published and'circulated in the City of Alameda, California. Section 11 Severability.Ifany par of ths Ordinance, or the Amendment which it approves is held to be invalid for any reaon, such decision shall not afect the validity of the remaining portion of this Ordiance or ofthe Amendment, and ths City Council hereby declares that it would have passed the remaider of the Ordince, or approved the remainder of the Amendment , if such invalid portion theroofhad been deleted. ty Clerk ****** PROPOSED AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT In that certain Community Improvement Plan (herein the "Plan ) for the Business and Waterfront Improvement Project (herein the "Project"), as adopted by the City Council of the City of Alameda on June 18 , 1991 , by Ordinance No. 2559 , and subsequently amended on December 6 , 1994, by Ordinance No. 2681 , on July 6 , 2000 , by Ordinance No. 2835 and on October 18 , 2000 by Ordinance No. 2844 , the following amendments and changes are made: Exhibit Chane-e 1. Substitute in place of the existing "Attchment No., Redevelopment Land Use Map," the "Attachment No.3, Redevelopment Land Use Map " attached hereto as Exhibit "A." c:\ WPDOSIDA T A IAMENOMT2, WPO F: BWIP/CIP/Amendmcntl626 Buena Vista Ave./Staff Report , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 17th day of April , 200 I by the following vote to wit: AYES:Councilmembers Daysog, DeWitt, Johnson , Kerr and Mayor Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial seal of said City this 18th day of April , 200 I. l.if 16 ;;L ane Felsch, City Clerk City of Alameda