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4/20/11 les <br />RESOLUTION NO. CRA 2011-006 <br />A RESOLUTION OF THE COMMUNITY <br />REDEVELOPMENT AGENCY OF THE CITY OF <br />SANTA ANA AUTHORIZING THE PAYMENT OF <br />$3,683,082 TO THE SUPPLEMENTAL <br />EDUCATIONAL REVENUE AUGMENTATION FUND <br />FOR FISCAL YEAR 2010-2011 <br />BE IT RESOLVED BY THE MEMBERS OF THE COMMUNITY REDEVELOPMENT <br />AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: <br />Section 1. The Community Redevelopment Agency of the City of Santa Ana hereby <br />finds, determines and declares as follows: <br />A. Assembly Bill 26 (4tt' Executive Session)("ABx4-26") implemented the <br />California State Budget for fiscal year 2009-2010, and required redevelopment agencies to <br />remit a total of $1.7 billion in that fiscal year and $350 million in fiscal year 2010-2011 to the <br />County Supplemental Educational Revenue Augmentation Fund ("SERAF") for allocation to <br />school entities. <br />B. The Community Redevelopment Agency ("Agency") share of the SERAF <br />for fiscal year 2009-2010 was paid on May 10, 2010 in the amount of $17,889,256. For fiscal <br />year 2010-2011, the Agency is required to make a $3,683,082 payment to the County by May <br />10, 2011. <br />C. In the fall of 2009, the California Redevelopment Association filed a <br />lawsuit challenging the validity and constitutionality of ABx4-26 and the requirement for <br />redevelopment agencies to make the SERAF payments to the County Auditor/Controller <br />("lawsuit"). The lawsuit is still under litigation in the Third District Court of Appeals at this time. <br />D. Until the lawsuit is judicially resolved, the legislation implementing the <br />State's fiscal year 2009-2010 budget continues to authorize the County Auditor/Controller to <br />withhold property tax revenue from the City's General Fund to the extent that the payment is <br />found to be constitutional and payment is not made by the Agency on or before May 10, 2011. <br />Section 2. The Executive Director of the Agency, or her designee, is hereby <br />authorized to take all necessary actions and to sign all documents and instruments necessary <br />to make the $3,683,082 payment to the County Auditor for deposit into the Supplemental <br />Educational Revenue Augmentation Fund on or before May 10, 2011. <br />Section 3. This Resolution shall take effect immediately upon its adoption by the <br />Agency Board, and the Recording Secretary shall attest to and certify the vote adopting this <br />Resolution.