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<br />AGENCY BOARD MEETING DATE: <br />AGENCY SECRETARY USE ONLY: <br />MAY 2, 2011 <br />TITLE <br />RESOLUTION -PAYMENT TO <br />SUPPLEMENTAL EDUCATIONAL <br />REVENUE AUGMENTATION FUND <br />FILE NUMBER <br />INTERI EXECUTIVE DIRECTOR <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Ordinance on 1St Reading <br />^ Ordinance on 2"d Reading <br />^ Implementing Resolution <br />^ Set Public Hearing For_ <br />CONTINUED TO <br />ENDED ACTION <br />Adopt a resolution authorizing the payment of $3,683,082 for the FY 2010-2011 payment to the <br />County for deposit into the Supplemental Educational Revenue Augmentation Fund. <br />DISCUSSION <br />Assembly Bill X4 26 implementing the California State Budget for FY 2009-10 required <br />redevelopment agencies to remit a total of $1.7 billion in FY 2009-10 and $350 million in FY 2010- <br />11 to County Supplemental Educational Revenue Augmentation Funds (SERAF) for allocation to <br />school entities. Santa Ana's share of the SERAF for FY 2009-10 was paid on May 10, 2010 in the <br />amount of $17,889,256. For FY 2010-11, Santa Ana's share is $3,683,082 and is due to the <br />County by May 10, 2011. <br />In the fall of 2009, the California Redevelopment Association filed a lawsuit challenging the <br />constitutionality of AB X4 26 and the requirement for redevelopment agencies to make the SERAF <br />payments to the County Auditor/Controller. The lawsuit is still under litigation in the Third District <br />Court of Appeal at this time. Therefore, until this matter is judicially resolved, the legislation <br />implementing the State's FY 2009-10 budget still authorizes the County Auditor/Controller to <br />withhold property tax revenue from the City's General Fund to the extent that the $3,683,082 <br />payment is found to be constitutional and if payment is not made by the Community <br />Redevelopment Agency on or before May 10, 2011. <br />3-1 <br />