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Resolution 14703CITY OF ALAMEDA RESOLUTION NO. 14703 ELECTING TO RECEIVE A PORTION OF THE TAX INCREMENTS FROM THE ORIGINAL AREA OF THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND THE WEST END COMMUNITY IMPROVEMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.7 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 1 WHEREAS, the City Council also adopted Ordinance No. 2141 on July 5, 983, 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; 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 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 3. 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 the Council of the City of Alameda in a regular meeting assembled on the 19th day of June, 2012, by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of June, 2012. LaTa Weisiger, Cit City of Alameda