HomeMy WebLinkAbout03 - Reso - SERAF
AGENCY BOARD MEETING DATE:
AGENCY SECRETARY USE ONLY:
MAY 2, 2011
TITLE
RESOLUTION -PAYMENT TO
SUPPLEMENTAL EDUCATIONAL
REVENUE AUGMENTATION FUND
FILE NUMBER
INTERI EXECUTIVE DIRECTOR
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1St Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
ENDED ACTION
Adopt a resolution authorizing the payment of $3,683,082 for the FY 2010-2011 payment to the
County for deposit into the Supplemental Educational Revenue Augmentation Fund.
DISCUSSION
Assembly Bill X4 26 implementing the California State Budget for FY 2009-10 required
redevelopment agencies to remit a total of $1.7 billion in FY 2009-10 and $350 million in FY 2010-
11 to County Supplemental Educational Revenue Augmentation Funds (SERAF) for allocation to
school entities. Santa Ana's share of the SERAF for FY 2009-10 was paid on May 10, 2010 in the
amount of $17,889,256. For FY 2010-11, Santa Ana's share is $3,683,082 and is due to the
County by May 10, 2011.
In the fall of 2009, the California Redevelopment Association filed a lawsuit challenging the
constitutionality of AB X4 26 and the requirement for redevelopment agencies to make the SERAF
payments to the County Auditor/Controller. The lawsuit is still under litigation in the Third District
Court of Appeal at this time. Therefore, until this matter is judicially resolved, the legislation
implementing the State's FY 2009-10 budget still authorizes the County Auditor/Controller to
withhold property tax revenue from the City's General Fund to the extent that the $3,683,082
payment is found to be constitutional and if payment is not made by the Community
Redevelopment Agency on or before May 10, 2011.
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Resolution - SERAF
May 2, 2011
Page 2
FISCAL IMPACT
Funds are available in the Merged Project Area Admin Fund (no. 57018843-69166).
APPROVED AS TO FUNDS AND ACCOUNTS:
Sus n Gorospe Francisco Gutierrez
Senior Management Analyst Executive Director
Community Development Agency Finance & Management Services Agency
NTE/SG/mlr
Exhibit: 1. Resolution
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RESOLUTION NO. 2011-
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA AUTHORIZING THE PAYMENT OF
$3,683,082 TO THE SUPPLEMENTAL
EDUCATIONAL REVENUE AUGMENTATION FUND
FOR FISCAL YEAR 2010-2011
BE IT RESOLVED BY THE MEMBERS OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS:
Section 1. The Community Redevelopment Agency of the City of Santa Ana hereby
finds, determines and declares as follows:
A. Assembly Bill 26 (4th Executive Session)("ABx4-26") implemented the
California State Budget for fiscal year 2009-2010, and required redevelopment agencies to
remit a total of $1.7 billion in that fiscal year and $350 million in fiscal year 2010-2011 to the
County Supplemental Educational Revenue Augmentation Fund ("SERAF") for allocation to
school entities.
B. The Community Redevelopment Agency ("Agency") share of the SERAF
for fiscal year 2009-2010 was paid on May 10, 2010 in the amount of $17,889,256. For fiscal
year 2010-2011, the Agency is required to make a $3,683,082 payment to the County by May
10, 2011.
C. In the fall of 2009, the California Redevelopment Association filed a
lawsuit challenging the validity and constitutionality of ABx4-26 and the requirement for
redevelopment agencies to make the SERAF payments to the County Auditor/Controller
("lawsuit"). The lawsuit is still under litigation in the Third District Court of Appeals at this time.
D. Until the lawsuit is judicially resolved, the legislation implementing the
State's fiscal year 2009-2010 budget continues to authorize the County Auditor/Controller to
withhold property tax revenue from the City's General Fund to the extent that the payment is
found to be constitutional and payment is not made by the Agency on or before May 10, 2011.
Section 2. The Executive Director of the Agency, or her designee, is hereby
authorized to take all necessary actions and to sign all documents and instruments necessary
to make the $3,683,082 payment to the County Auditor for deposit into the Supplemental
Educational Revenue Augmentation Fund on or before May 10, 2011.
Section 3. This Resolution shall take effect immediately upon its adoption by the
Agency Board, and the Recording Secretary shall attest to and certify the vote adopting this
Resolution.
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ADOPTED this day of , 2011.
Miguel A. Pulido
Chair
APPROVED AS TO FORM:
Joseph Straka, Interim General Counsel
By:
Lisa E. Storck
Assistant General Counsel
AYES:
Boardmembers:
NOES:
Boardmembers:
ABSTAIN: Boardmembers:
NOT PRESENT: Boardmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached
Resolution No. 2011- to be the original resolution adopted by the Community
Redevelopment Agency of the City of Santa Ana on May _, 2011.
Date:
Secretary, Community Redevelopment Agency
City of Santa Ana
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