CIC Resolution 11-183COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO. 11-183
ADOPTING AN ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE PURSUANT TO SECTION 34169(g) OF THE
CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Community Improvement Commission of the City of
Alameda ("Commission") is a redevelopment agency organized and existing
under the California Community Redevelopment Law (Health & Safety Code
§ 33000 et seq.) ("CRL") and has been authorized to transact business and
exercise the powers of a redevelopment agency pursuant to action of the City
Council of the City of Alameda ("City Council" or "City," as applicable); and
WHEREAS, pursuant to the CRL, the City Council approved and adopted
the Redevelopment Plans ("Redevelopment Plans") for the Alameda Point
Improvement Redevelopment Project on March 3, 1998, by Ordinance No. 2754,
as amended to date; Business Waterfront Improvement Redevelopment Project
on June 18, 1991, by Ordinance No. 2559, as amended to date; West End
Community Improvement Redevelopment Project on July 5, 1983, by Ordinance
No. 2141, as amended to date, (the "Projects"), and the Commission is vested
with the responsibility for implementing and carrying out the Redevelopment
Plans; and
WHEREAS, the Commission is currently in the process of carrying out the
goals and objectives of the Redevelopment Plans by continuing to: eliminate
blight; increase, improve and preserve the supply of affordable housing in the
community; stimulate and expand economic growth and employment
opportunities by revitalizing properties and businesses within the Projects; and
alleviate deficiencies in public infrastructure; and
WHEREAS, in connection with approval and adoption of the State Budget
for Fiscal Year 2011-12, the California Legislature has approved, and the
Governor has signed (i) ABX1 26 (Stats. 2011, chap. 5, "ABX1 26"), which
immediately, and purportedly retroactively, suspends all otherwise legal
redevelopment activities and incurrence of indebtedness and dissolves
redevelopment agencies effective October 1, 2011, and requires redevelopment
agencies to adopt a payment schedule for all agency enforceable obligations in
conformance with Section 34169(g) of, the Health and Safety Code by August 28,
2011, and submit such schedule to the county auditor-controller, the State
Controller and the State Department of Finance (the "Dissolution Act"); and
(ii) ABX1 27 (Stats. 2011, chap. 6, "ABX1 27"), which allows communities to
avoid the consequences of the Dissolution Act and continue their redevelopment
agency if the community enacts an ordinance agreeing to comply with the
alternative voluntary redevelopment program described in Section 2 of ABX1 27
adding Part 1.9 (commencing with section 34192) of Division 24 of the Health
and Safety Code (the "Alternative Redevelopment Program"); and
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court
of the State of California on July 18, 2011 (California Redevelopment
Association, et al. v. Ana Matosantos, et al., Case No. 5194861), challenging the
constitutionality of ABX1 26 and ABX1 27 on behalf of cities, counties and
redevelopment agencies and requesting a stay of enforcement; and
WHEREAS, on August 11, 2011, the Supreme Court issued a partial stay
on the effectiveness of ABX1 26 and ABX1 27 until the Court can rule on the
constitutionality of the two bills, which stay was further modified by the Court on
August 17, 2011 (collectively, the "Stay"); and
WHEREAS, the Stay is unclear as to what actions an agency or city
should be taking during pendency of the Stay, therefore, notwithstanding the
pending litigation and the Stay, Agency wishes to adopt this resolution, in the
event ABX1 26 and ABX1 27 are upheld and the Stay is lifted; and
WHEREAS, the Commission has prepared the Enforceable Obligation
Payment Schedule, attached hereto as Exhibit A, the Executive Director of the
Commission approved such schedule on August 25, 2011, and such schedule
has been posted on the City's website in accordance with Section 34169(g)(2) of
the Health and Safety Code.
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOWS:
Section 1. The Commission hereby adopts the Enforceable Obligation
Payment Schedule, attached hereto as Exhibit A.
Section 2. The Commission Secretary is hereby directed to transmit a
copy of the Enforceable Obligation Payment Schedule to the State Department of
Finance, the State Controller and the Alameda County Auditor-Controller in
accordance with Section 34169(g)(2) of the Health and Safety Code.
* * *
a '
Project Area(s)
1)
2)
3)
4)
5)
Project Name / Debt Obligation
2003 Tax Allocation Bonds Series C
2003 Tax Allocation Bonds Series D
2003 Tax Allocation Bonds Series Al
2003 Tax Allocation Bonds Series A2
2003 Tax Allocation Bonds Series B
6) 2002 Tax Allocation Bonds Series B
7)
8)
9)
10)
11)
12)
2011 Tax Allocation Bonds Series A
2011 Tax Allocation Bonds Series B
Bond Trustee Fees ' °"
2005 -06 ERAF Loan
Stargelt Loan
APIP Loan from City General Fund
Alameda Community Improvement Commission
Alameda Point Improvement Project, and Merged W ECIP I BWIP Project Area
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167 and 34189 ( °)
Payee
Union Bank of CA
Union Bank of CA
Union Bank of CA
Union Bank of CA
Union Bank of CA
Union Bank of CA
Union Bank of CA
Union Bank of CA
Union Bank of CA
California Statewide CDA
City of Alameda Sewer Fund
City of Alameda
13) Loan for SERAF Payment BWIP Housing Fund
14) Bayport Project Predevelopment Loan FOCI -- BP tic
15) Alameda Landing DDA Palmtree Acquisition Corp.
16) Bridoeside DDA Regency Realty Group. Inc.
17) Marina Village OPA Alameda Marina Village Assoc.
18) independence Plaza Agreement Alameda Housing Authority •
19) Boahvorks Settlement Agreement Francis & Catherine Collins
20) Islander OPA Reeourcas for Community
Development & Alameda Housing
AntMdty
BWIP/WECIP Public
21) Improvements Agreement
BWIP/WECIP Affordable Housing
22) Agreement
23)
24)
25)
26)
Employee Costs`"
Services and Supplies
Contract for consulting services "°
Contract for consulting services ""
27) Contract for consulting services °"
28) Contract for legal services'"
29) 2216 Lincoln
30)1 Park Street Phase II
31) 1Affordable Housing Tech. Asst.
Totals - This Page
Totals - Page 2
Totals - Page 3
Totals - Page 4
Totals - Other Obligations
Grand total -All Pages
City of Alameda
Alameda Housing Aulhodly
City of Alameda
ICdtyofAlameda
xMA
Garevagiie Architecture
Sunsuit Roararmen
Satellite Housing/Housing
Consortium of the East Bay
Surma & Munoa Continuation, Inc.
Loser Development
(
Description
Tax exempt series
Taxable melee
Tax exempt series
Taxable series
Tax exempt series
Taxable sense
Taxable nodes
Tax exempt series
Trustee fees for above bonds
Loan for 200506 CRAP Pmt
Loan for project inprovements
City Advance for Protect Costs
Loan for SCRAP Payment
DDA for residential project
DDA for mixed use project
DDA for retail project
OPA for mixed use project
Affordable Hee Project Obligation
1+ouamg one non- nousmg
P jeer Obligation
Housing Project OPA Obligation
Public Improvements in Project Area
Mendable Houston Funding Agent
Project adminlatrotbn
Project administration
Project administration
Project administration
Project administration
Project administration
Housing Project OPA Obligation
Construction
Contract
Administration
Total Outstanding Total Due During
Debt or Obligation . Fiscal Year Aug"
25,510,858.00 974,306,25 0,00
276,480.00 282,960.00 0.00
12,721,566.00 348,462.50 0.00
55,642,397.00 1,819,872.50 0.00
16,621.590.00 614,301.25 0.00
887,596,88 887,596.88 0,00
29,413.849.58 770,687.08 0,00
1,924,004.79 215,486.04 0.00
600,000.00 20,000.00 0.00
475;180.00 93,418.00 0.00
3,450,000.00 0.00 0.00
3,902,885.08 75,539,71 0.00
1,002,888.44 48,526.86 0.00
6,881,876.72 2,200,000.00 0.00
35,500,000.00 0.00 0.00
946,852.56 197,905.00 0.00
1,225,112.00 739,290.00 0,00
21,240,000.00 970,000.00 .0.00
4,500,000.00 0.00 0.00
9,000,000.00 9,000,000.00 0.00
51,650,000.00 0.00 0.00
13,000,000.00 70,000.00 0.00
33,900,000.00 937,566.00 78,131,00
1,400,000.00 38,000.00 3.166.67
70,000.00 70,000.00 10,000.00
13,000.00 13,000.00 2,166.00
30,000.00 30,000.00 2,500.00
60,000.00 60,000.00 5,000.00
1,300,030.00 700,000.00 45,593.00
350,000.00 350,000,00
5,677.00 5,677.00
$333,501,814.05
$233,762,500.00
$0.00
$0.00
I $837,682,000.00
I $1,404,946,314.05)
Sept
0.00
0.00
174,231.25
909,936.25
254,650.63
0.00
359,224.58
187,067.29
0.00
0.00
0.00
18,884.93
12,131.72
0.00
0.00
0.00
0.00
0.00
0.00
8,000,000.00
0.00
10,000.00
76,131,00
3,166.67
10,000.00
2,166.00
2,500.00
5,000.00
38,000.00
637,00 0.00
$21,532,595.071 $147,193.67 $10,065,090.32
$37,500.00 $0.00 $12,000.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0,00
$5,517,000.00 $0.00 $0.00 $000.
$27,087,095.071] $147,193.67 I $10,077,090.32 I $163,963..67
Page 1 of 2 _Pages
Payments by month
Oct Nov
Dec
Exhibit A
Total
0.00 0.00 0.00 $ -
0.00 0.00 0.00 $ -
0.00 0.00 0.00 $ 174,231.25
0.00 0.00 0.00 $ 909,936.25
0,00 0,00 0.00 $ 254,650.63
0.00 0.00 0.00 $ -
0.00 0,00 0.00 $ 359,224,58
0.00 0.00 0.00 $ 187,067.29
0.00 0.00 10,000.00 $ 10,000.00
0.00 46,709.00 0.00 $ 46.709.00
0.00 0.00 0.00 $
0.00 0.00 18,884.93 $ 37,769.86
0.00 0.00 12,131.72 $ 24,263.44
0.00 0.00 2,200,00000 $ 2,200,000.00
0.00 0.00 0.00 $ -
0.00 0.00 0.00 $
0.00 0.00 0.0D $
0.00 I 0.00 0.00 $
0.00 0.00 0.00' $
0.00 0.00 0.00
$ 8,000,000.00
0.00 0.00 0.00 $
5,000.00 3,000.00 3,000.00 $ 21,000.00
78,131.00 78,131.00 78,131,00 $ 390,655.00
3,166.67 3,16667 3,166.67 $ 15,833.35
10,000.00 10,000.00 10,000.00 $ 50,000.00
2,166.00 2,166.00 2,166.00 $ 10,830.00
2,500.00 2,500.00 2,500.00 $ 12,500.00
5,000.00 5,000.00 5,000.00 $ 25,000.00
50,000.00 60,000.00 150,000.00 $ 333,593.00
35,000.00 70,000.00 $ 105.000,00
0.00 0.00 0.00 $ 637.00
$
155,963,67 $235,672.67 52,564,980.32 $13,168,900.65
$8,000.00 $5,000.00 $5,500.00 $30,500.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 1 $0.00
5240,672.67 Ij 52,570,480.32 lj $13,199,400.65
' This Enforcoeble Obligation Payment Schedule (FOPS) Is to be adopted by the redevelopment agencyno taler than late August. Ills valid through 12131/11. it is the bests for the Preliminary Draft
Recognized Obligation Payment Schedule (BOPS), which must be prepared by the dissolving Agency by 9/30/11. (The draft RODS must be prepared by the Successor Agency by 1113001.)
include only payments b be made Rate the adoption of the BOPS.
"' Approximate
-"- Includes personnel costa and cost aliocetlen charges
Name of Redevelopment Agency: Alameda Community Improvement Commission Page 2 of 2 Pages
ProjectArea(s) Alameda Point Improvement Project, and Merged WECIP / BW IP Project Area
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167 and 34169 (•)
Project Name 1 Debt Obligation Payee Description
1) APIP Public Improvements City of Alameda
Agreement
2) Affordable Housing Education &
Outreach •
3) Financial Projections CSC Advisors
4) APIP Affordable Housing Agreement Alameda Housing Authority
5) APC Infrastructure Alameda Point Collaborative
Public Improvements in Project Area
Alameda Development Corp. 'Aft. Housing Admiratration
(Alf Housing Administration
(Affordable Housing Funding Amt
Homeless Accomodation /Standards of
Hease abieness - pro rata payment ier
Infraetmrh,rn
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
Totals - This Page
ITotal Outstanding
j Debt or Obligation
164,725,000.00
30,500.00
7,000.00
66,000,000,00
3,000,000.00
Total Due During
Fiscal Year Aug" Sept
0.00
30,500.00 12,000,00
7,000,00
0.00
0.00
I $ 233,762,500.00 $ 37,500.00 $
s
Payments by month
Oct ( Nov
8,000.00 5,000.00
1 I
12,000.00 I $ 8,000.00 1 $ 5,000.00 1 $
This Enforceable Obligation Payment Schedule (SOPS) is to be adopted by the redevelopment agency no later than late August. It is valid hrough 12/31/11. It is the basis for the Preliminary Draft
Recognized Obligation Payment Schedule (ROPE), which must be prepared by the dissolving Agency by 9/30/11. (The draft ROPS must be prepared by the Successor Agency by 11/30/11.)
" include only payments to be made after the adoption or the COPS.
Exhibit A
Dec Total
5,500.00 $ 30,500.00
$
$ -
$ -
$
3
5,500.00 $ 30,500.00
Name of Redevelopment Agency. Am „eda Community Improvement Commission
ProjectAroa(s) Alameda Point Improvement Project, and Merged WECIP / BWIP Project Area
Project Name / Debt Obligation
1) Section 33676 Payments
2) Section 33676 Payments
3)
4)
5)
Section 33676 Payments
Section 33676 Payments
Section 33676 Payments
6) Section 33676 Payments
7) Section 33070 Payments
8) Pass Through Agreement
9) Pass Through Agreement
10) Pass Through Agreement
11) Pass Through Agreement
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
Pass Through Agreement
Pass Through Agreement
Statutory Payments
Statutory Payments
Statutory Payments
Statutory Payments
Statutory Payments
Statutory Payments
Statutory Payments
Statutory Payments
22) Statutory Payments
23) Statutory Payments
24) Statutory Payments
25) Statutory Payments
26) Statutory Payments
27) Housing Set Aside
28)
jTotals - Other Obligations
Payee
Alameda County
City of Alameda
Flood Control District
Mosquito Abatement
AC Transit Special District 1
BART
East Bay Regional Parks
Alameda County
AUSD (Capital)
AUSD (Housing)
County Sup. of Schools
Parana Cole. College
East Bay Reg. Park
County General Fund
Pemite CC 051.101
Alam eda USD
County Super. of Schools
County Flood Control
Bay Area Ar Quality Mgmt
Mosquito District
AC Transit
Bay Area Reek! Transk
East Bay Regional Parks
East Bay Municipal Utility
Dryer Alameda
ERAF
8 Mod Housing Fund
OTHER OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167 and 34169 (is)
Description
Payments per former CRL 33676
I Payments per former CRL 33676
Payments per farmer CRL 33676
Payments per form.. CRL 33676
Payments per former CRL 33676
Payments per former CRL 33676
Payments performer CRL 33676
Payments per former CRL 33401
Payments per lernrerCRt. 33401
Payments per former CRL 33401
Payments per former CRL 33401
Payments per lemur CRL 33401
Payments per former CRL 33401
Per CRL 33607.5_7, and 33492129
Per CRL 33607.5..7, and 33492.129
Per CRL 33607.5..7, and 33492.129
PerCRL 33607,5..7, and 33492.129
PerCRL 33607.5, .7, and 33402.529
PerCRL 33607.5-7. and 33492.129
Per CRL 33607.5, .7, and 33492129
Per CRL 33607.5-7, and 33492.129
Per CRL 33607.5_7, and 33492.129
PerCRL 33607.5..7, and 33492.129
PerCRL 33607.5, .7, and 33492.129
Per CRL 33607.5, .7, and 33492.129
PerCRL 33607.5, .7, and 33492.129
Payments per CRL 33334.2 etal.
j
Total Outstanding
Debi or Obligation
(1)
11,120,000
17,563,000
79,000
54,000
3,279,000
385,000'
1,841,000
53,905,000
12,548,000
31,369,000
311.000
1,858.000
870,000
71,511,000
11,689.000
81,074,000
1,957,000
591.000
965,000
408,000
24,085,000
2,830,000
11,498,000
10,237,000
68,239,000
109,704,000
307,712,000
I
Total Due During
Fiscal Year (2)
173,000
273,000
2,000
1,000
51,000
6,000
29,000
774,000
175,000
437,000
5,000
26,000
13,000
140,000
• 23,000
154,000
6,000
3,000
4,000
3,000
40,000
6,000
23,000
20,000
212,000
170,000
2,748,000
837,682,000 I 5,517,000
Aug" Sept
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
oI
0
0
0
0
0
0
0
0
0
0
0
0!
0j
of
OI
0)
0
0I
01
0k
0I
0 0I
00
of
1
Page 1 of 1 Pages
Payments by month
Oct Nov
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0(
Oi
of
01
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o1
0I
0I
o1
0
01 oI o)
• This Enforceable Obligation Payment Schedule (SOPS) s to be adopted by the redevelopment agency no later than late August, It is vaitd through 12131/11. It Is the basis for the Preliminary Draft
Recognized Obligalen Payment Schedule (ROPE), which must be prepared by the dissolving Agency by 9/30111. (The droll BOPS must be prepared by the Successor Agency by 11/30111.)
Include only payments to be made aver the stepson of rse FOPS,
"' All payment amounts are estimates
(1) Total Outstanding Debt or Obligation amounts were determined based upon projected tax Increment revenues each year from FY2011 -12 through the tax increment receipt time Omits for the project areas. Actual payments will be based 011 annual
reported assessed cubes each year and will therefore be otlerent from what Is currently forecast (to the extent values increase or decrease in the futum). Tax Increment revenues are also subject to a
5691 million cap applicable to the WECIPISWIP Merged Project and a 5700 million tax increment cap applicable to APIP which If not reached before the tax increment receipt lime limits for each respective area, will result in Outstanding Debt
c Obligation amounts different from what em mated above.
(2) Total Due During Fiscal Year represents estimated payments due for FY 2011 -12 only, based on forecasted tax Increment revenue. The amount due In future fiscal years w51 Increase or decrease to the extent
them ere Increases or decreases in Incremental assessed values reported each year. The Total Outstanding Debt or Obligation amounts shown shove were determined from the annual projected tax increment
for each nscai year between FY 201113 nlsim.)b FY 2048-49.
Dec
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Exhibit A
Total
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Community Improvement Commission
of the City of Alameda in a Special Community Improvement Commission
meeting assembled on the 6th day of September, 2011, by the following vote to
wit:
AYES: Commissioners Bonta, deHaan, Johnson, Tam and
Chair Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said Commission this 7th day of September, 2011.
Lara Weisiger, Se tary
Community Innpr. ent
Commission
Marie Gilmore, Chair
Community Improvement
Commission