Loading...
Ordinance 2910CITY OF ALAMEDA ORDINANCE NO. 2910 New Series AMENDING THE COMMUNITY IMPROVEMENT PLANS FOR THE ALAMEDA POINT, BUSINESS AND WATERFRONT AND THE WEST END COMMUNITY IMPROVEMENT PROJECTS TO EXTEND CERTAIN TIME LIMITATIONS PURSUANT TO SENATE BILL 1045 WHREAS, the City Council originally approved and adopted the Community Improvement Plan for the Alameda Point Improvement Project (the "APIpl ) on March 1998, by Ordinance No. 2754, as subsequently amended on April 1, 2003 , byOrdinance No. 2895; and WHREAS, the City Council originally approved and adopted the Community Improvement Plan for the Business and Waterfront Improvement Project (the n BWIpll on June 18,1991, by Ordinance No. 2559, as subsequently amended on December 6, 1994, by Ordinance No. 2681, on July 6 , 2000, by Ordinance No. 2835, on September 19, 2000, by Ordinance No. 2844 , on April 3, 2001 , by Ordinance No. 2857, and on April 1, 2003, by Ordinance No. 2896; and WHREAS, the City Council origially approved and adopted the Community Improvement Plan for the West End Community Improvement Project (the "WECIP" on July 5,1983, by Ordinance No. 2141, as subsequently amended on January 2, 1985, by Ordiance No. 2222, on December 6, 1994, by Ordinance No. 2682, on November 20, 2002, by OrdinanceNo. 2889 , and on April 1 2003, by Ordinance No. 2897; and WHEREAS, the Community Improvement Commssion of the City of Alameda (the "Commssion ) has been designated as the official redevelopment agency to carry out in the City of Alameda the functions and requirements of the Communty Redevelopment Law of the State of California (Health and Safety Code Section 33000 seq.and to implement the Community Improvement Plans for the APIP, the BWIP and the WECIP; and WHEREAS, Section 33681.9 of the Health and Safety Code was added by Senate Bi11045 effective September 1 , 2003 ("SB 1045"), which section requires the Commssion to make a payment during the 2003-04 fiscal year for deposit in Alameda County' Educational Revenue Augmentation Fund; and WHREAS, Sections 33333.2 and 33333.6 of the Health and Safety Code were amended by SB 1045 to provide that when a redevelopment agency is required to make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend by one year the time limit on the effectiveness of the plan and the time limit to repay indebtedness; and WHEREAS, the City Council desires to amend the Community Improvement Plans for the APIP, the BWIP and the WECIP to extend by one year the time limits the effectiveness of the plan and the time limits to repay indebtedness. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The Community Improvement Plan for the APIP, as adopted on March 3, 1998, by Ordinance No. 2754, and as previously amended on April 1, 2003, by Ordinance No. 2895, is hereby further amended as set forth in the proposed "Second Amendment to the Community Improvement Plan for the Alameda Point Improvement Project, II attached hereto as Exhibit A and incorporated herein and made a part hereof by reference. As so amended, the Community Improvement Plan for the APIP is hereby incorporated by reference herein and designated as the official Community Improvement Plan for the APIP. Section 2 The Community Improvement Plan for the BWIP, as adopted on June 18,1991, by Ordinance No. 2559, and as previously amended on December 6, 1994 by Ordinance No. 2681, on July 6, 2000, by Ordinance No. 2835, on September 19, 2000, by.ordinance No. 2844, on April 3, 2001, by Ordinance No. 2857, and on April 1, 2003, by Ordinance No. 2896, is hereby further amended as set forth in the proposed "Sixth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project " attached hereto as Exhibit B and incorporated herein and made a part hereof by reference. As so amended, the Community Improvement Plan for the BWIP is hereby incorporated by reference herein and designated as the official Community Improvement Plan for the BWIP. Section 3 The Community Improvement Plan for the WECIP, as adopted on July 5, 1983, by Ordinance No. 2141, and as previously amended on January 2, 1985, by Ordinance No. 2222, on December 6, 1994, by Ordinance No. 2682, on November 20, 2002, by Ordinance No. 2889, and on April 1, 2003, byOrdinance No. 2897, is hereby further amended as set forth in the proposed "Fifth Amendment to the Community Improvement Plan for the West End Community Improvement Project," attached hereto as Exhibit C and incorporated herein and made a part hereof by reference. As so amended, the Community Improvement Plan for the WECIP is hereby incorporated by reference herein and designated as the official Community Improvement Plan for the WECIP. Section 4 Ordinance Nos. 2141, 2222, 2559, 2681, 2682, 2754, 2835, 2844, 2857, 2889,2895,2896 and 2897 are continued in full force and effect except as amended by this Ordinance. Section 5.The City Clerk is hereby directed to send a certiied copy of this Ordinance to the Commssion. Section 6 If any part of this Ordinance is held to be invalid for any reason such decision shall not affect the validity of the remaining portions of ths Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. Section 7 The City Clerk wil certiy to the passage of ths Ordinance by the City Council of the City of Alameda, California, and cause the same to be published once in the Alameda Journal, a newspaper of general circulation, published and circulated in the City of Alameda, California. Section 8.Ths Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: j4V(J lAJ Lara Weisiger, City erk City of Alameda Exhibit A SECOND AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE ALAMEDA POINT IMPROVEMENT PROJECT The Community Improvement Plan (the "Plan ) for the Alameda Point Improvement Project, as adopted by the City Council of the City of Alameda on March 3,1998, by Ordinance No. 2754, and subsequently amended on April 1,2003, by Ordinance No. 2895, is hereby further amended as follows: 1. The last paragraph of Section B, 8502, Tax Increment Funds, of Part V of the Plan is hereby deleted in its entiety and restated as follows: The CIC shall not receive, and shall not repay loan, advances, or other indebtedness to be paid with the proceeds of property taxes fromthe Project Area pursuant to Section 33670 of the Community Redevelopment Law and this Section 502 beyond forty-six (46) years from the date the County Auditor makes the certification pursuant to Section 33492.9 of the Health and Safety Code. 2. The first sentence of Part VIII, 8800, Duration of This Plan, of the Plan is hereby deleted in its entirety and restated as follows: Except for the nondiscrimiation and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective for thity-one (31) years from the date the County Auditor makes the certiication pursuant to Section 33492.9 of the Health and Safety Code; provided, however, that subject to the limtations set forth in Section 502 of this Plan, the CIC may issue bonds and incur obligations pursuant to this Plan which extend beyond the termiation date, and in such event, this Plan shall contiue in effect to the extent necessary to permit the full repayment of such bonds or other obligations. Exhibit A Exhibit B SIXTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT The Community Improvement Plan (the "Plan ) for the Business and Waterfront Improvement 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. 28 , on September 19,2000, by Ordinance No. 2844, on April 3, 2001, by Ordinance No. 2857, and on April 1 , 2003, by Ordinance No. 2896, is hereby further amended as follows:1. The thid to the last paragraph of Section B, 8502, Tax Increment Funds, of Part V of the Plan is hereby deleted in its entiety and restated as follows: The Commsion shall not repay indebtedness with the proceeds of property taxes received pursuant to Section 33670 of the Community Redevelopment Law after June 18, 2042, for the Origial Project Area, and after forty-six (46) years from the date of adoption of the Fifth Amendment to the Plan for the Exchange Area, except as allowed under Sections 33333.2 and 33333.6 of the Community Redevelopment Law. 2. Part VIII, 8800, Duration of This Plan, of the Plan is hereby deleted in its entirety and restated as follows: Except for the nondiscrimnation and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to ths Plan may be made effective unti June 18, 2032, for the Original Project Area and until thity-one (31) years from the date of adoption of the Fifth Amendment to the Plan for the Exchange Area. After these time limts on the effectiveness of the Plan, the Commssion shall have no authority to act pursuant to ths Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts or other obligations. Exhibit B Exhibit C FIFTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE WEST END COMMUNITY IMPROVEMENT PROJECT The Community ImprovementPlan (the "Plan ) for the West End Community Improvement Project, as adopted by the City Council of the City of Alameda on July 5, 1983, by Ordinance No. 2141, and subsequently amended on January 2,1985, by Ordinance No. 2222, on December 6, 1994, by Ordinnce No. 2682, on November 20, 2002, by Ordinance No. 2889, and on April 1, 2003, by Ordinance No. 2897, is hereby further amended as follows: 1. Section XI, Duration of This Plan, of the Plan is hereby deleted in its entirety and restated as follows: Except for the nondiscrimiation and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for forty-one (41) years from the date of adoption of th Plan by the City Council. After the tie limit on the effectiveness of the Plan, the Commssion shall have no authority to act pursuant to the plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts or other obligations. Exhibit C the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council ofthe City of Alameda in a regular meeting assembled on the 4 day of November , 2003 by the following vote to wit: AYES:Councilmembers Daysog, Gilmore , Kerr , and Mayor Johnson - 4. NOES:None. ABSENT:Councilmember Matarese - 1. ABSTENTIONS:None. IN WITNES S , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this th day of November , 2003. t-./-e, (;.0 IJ' Lara Weisiger, City Cle City of Alameda