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10B Action 2009 1221
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10B Action 2009 1221
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12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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taxing entities based on their proportionate share of revenue within the Joint Project Area's tax <br />rate areas. The 2008-09 Section 33676 payment was $1,173,649, distributed to the County, <br />the Chabot-Las' Positas Community College District, the Hayward Unified School District, the <br />County Library District, County Fire District, County Flood Control District, Mosquito Abatement <br />District, and the City. The Section 33676 payment is not considered tax increment for the <br />purposes of the housing set-aside requirement under the Attorney General opinion 93-209 and <br />so is not subject to the housing set-aside, as it is not tax increment it is also not counted against <br />the tax increment cap. <br />The allocation of pass-through payments to each taxing entity is based on an <br />apportionment factor that is assigned to each entity in the Joint Project Area by the County <br />Auditor-Controller. These allocation percentages are shown in "APPENDIX B -FISCAL <br />CONSULTANT'S REPORT -Table 4. <br />Other Agreements. The Agency has several Owner Participation Agreements (each, a <br />"OPA") and a Disposition and a Development Agreement ("DDA") with property owners in the <br />Joint Project Area, as well as an Improvement and Reimbursement Agreement with the owners <br />of the Bay Fair Mall. <br />The three OPAs are with (i) Argonaut Holdings for an expansion of an auto mall, (ii) F.H <br />Dailey for development of a Chevrolet dealership and (iii) with Ford Leasing for development of <br />a Ford dealership. The DDA is with the Batarse Family Trust for development of the Auto Mall. <br />The Ford, Argonaut and Batarse agreements require the Agency to pay an amount tied to sales <br />tax generation while the Agency's obligation under the F.H. Dailey agreement is related to the <br />purchase of land. The Agency has determined that its obligation under these agreements are <br />not pledges of tax increment. <br />The Agency also has an Improvement and Reimbursement Agreement executed in <br />December, 1994 (the "Development Agreement") between Westland Bay Fair Mall, L.P., and <br />the San Leandro Redevelopment Agency, as amended. The Agency's agreement with the Bay <br />Fair Mall requires the Agency to pay to the Mall owners a total amount of $4,000,000, of which <br />approximately $1,550,000 is still outstanding, in specified annual installments not to exceed <br />$300,000 per year, through 2013. This obligation is senior to the pledge of Housing Tax <br />Revenues for the payment of debt service on the Bonds, however, the Agency has set aside <br />funds to pay the obligation and the definition of Housing Tax Revenues excludes such amounts <br />payable under the Development Agreement, but only if the Agency does not have segregated <br />and designated an amount sufficient to pay all amounts due under the Development Agreement <br />in full. See APPENDIX C - Summary of Certain Provisions of the Indenture". <br />Agency Tax Sharing Obligations -West San Leandro Project Area <br />The Agency has no tax sharing agreements which affect Housing Set-Aside revenues <br />for the West San Leandro Project Area. <br />Allocation of Taxes <br />Secured taxes are due in two equal installments. Installments of taxes levied upon <br />secured property become delinquent on December 10 and April 10. Taxes on unsecured <br />property are due March 1 and become delinquent August 31. <br />The County Auditor-Controller is responsible for the aggregation of the taxable values <br />assigned by the Assessor as of the January 1st lien date for property within the boundaries of <br />the Project Areas. This results in the reported total current year Project Areas taxable value <br />-25- <br />
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