Resolution 14751CITY OF ALAMEDA RESOLUTION NO. 14751
ELECTING TO RECEIVE A PORTION OF THE TAX INCREMENTS FROM THE
ORIGINAL AREA OF THE BUSINESS AND WATERFRONT IMPROVEMENT
PROJECT AREA AND THE WEST END COMMUNITY IMPROVEMENT
PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION
33607.7 AND ACKNOWLEDGING RECEIPT OF PRIOR PASSTHROUGH
PAYMENTS
WHEREAS, the City Council of the City of Alameda, California (the "City
Council "), adopted Ordinance No. 2559 on June 18, 1991, approving and
adopting the Community Improvement Plan for the Business and Waterfront
Improvement Project (the "BWIP Plan "); and
WHEREAS, the City Council also adopted Ordinance No. 2141 on July 5,
1983, approving and adopting the Community Improvement Plan for the West
End Community Improvement Project (the "WECIP Plan "); and
WHEREAS, Section 33333.6 of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.) provides, in part, that on or
after January 1, 2002, a redevelopment plan adopted on or before December 31,
1993, may be amended to eliminate the time limit on the establishment of loans,
advances, and indebtedness that was previously required by that section prior to
January 1, 2002; and
WHEREAS, on February 20, 2007, the City Council adopted Ordinance
No. 2963, amending the BWIP Plan to eliminate the time limit on the
establishment of loans, advances, and indebtedness for the original area of the
BWIP Plan adopted by Ordinance No. 2559 ( "Original Area "); and
WHEREAS, on November 19, 2002, the City Council adopted Ordinance
No. 2889, amending the WECIP Plan to eliminate the time limit on the
establishment of loans, advances, and indebtedness; and
WHEREAS, Section 33607.7 of the Health and Safety Code provides, in
part, that if a redevelopment plan adopted prior to January 1, 1994, is amended
to increase or eliminate the time limit on the establishing of loans, advances, and
indebtedness established pursuant to Section 33333.6, and an agreement was
not entered into by the agency and the taxing entity prior to January 1, 1994, that
requires payments to the taxing entity, the agency shall pay to such affected
taxing entity the amounts required pursuant to subdivisions (b), (c), (d), and (e) of
Section 33607.5; and
WHEREAS, Section 33607.5(b) of the Health and Safety Code provides
that in any fiscal year in which a redevelopment agency receives tax increments,
the community that has adopted the redevelopment project area may elect to
receive, and the agency shall pay to it, an amount equal to the community's
proportionate share of 25 percent of the tax increments received by the agency
after the amount required to be deposited in the Low and Moderate Income
Housing Fund has been deducted (the "City Election "); and
WHEREAS, the City Council has considered and wishes to make the City
Election for the Original Area of the BWIP and the WECIP; and
WHEREAS, the City of Alameda elected to receive passthrough payments
under Health and Safety Code 33607.5 prior to the effective date of AB1x26 and
the City Manager acted upon the resolution such that passthrough payments
were received by the City prior to the passage of AB1xc26; and
WHEREAS, the prior resolution adopting the passthrough election has not
been located and the City of Alameda has therefore been unable to provide the
resolution to the County Auditor for the purpose of continuing the receipt of
passthrough payments under AB1x26;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby elects to receive payments pursuant to
the City Election from the Original Area of the BWIP Plan for each fiscal year in
which the Successor Agency to the former Community Improvement Commission
of the City of Alameda ( "Successor Agency ") receives tax increment from the
Original Area.
Section 2. The City Council hereby acknowledges the City's receipts of
prior passthrough payments and ratifies and confirms the election it previously
made to receive passthrough payments under Health and Safety Code section
33607.5;
Section 3. The City Council hereby elects to receive payments pursuant to
the City Election from the area of the WECIP Plan ( "WECIP Project Area ") for
each fiscal year in which the Successor Agency to the former Community
Improvement Commission of the City of Alameda receives tax increment from the
WECIP Project Area.
Section 4. The City Clerk is hereby directed and authorized to transmit a
copy of this resolution to the tax collector of Alameda County.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by Council of the City of Alameda in special
meeting assembled on the 11th day of December, 2012 by the following vote to
wit:
AYES: Councilmembers deHaan, Johnson, Tam and
Mayor Gilmore — 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 12th day of December, 2012.
Lara Weisiger, City erk --
City of Alameda