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HomeMy WebLinkAbout2010-001 CRA4/26/10 les RESOLUTION NO. CRA 2010-001 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MAKING THE FINDING THAT THE AGENCY MUST TRANSFER FUNDS IN ORDER TO MAKE THE 2009-2010 PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND 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. As a result of Assembly Bill 26 (4th Executive Session)("ABx4-26") implementing the California State Budget for fiscal year 2009-2010, the Community Redevelopment Agency ("Agency") is required to make a $17,889,256 payment to the County Supplemental Educational Revenue Augmentation Fund ("SERAF") by May 10, 2010. B. The legislation allows the Agency to borrow the amount required to be allocated to the Low and Moderate Income Housing Fund during fiscal year 2009-2010 in order to make this payment. The funds may be borrowed for up to five years. C. As a condition of borrowing from the Low and Moderate Income Housing Fund pursuant to Health & Safety Code § 33690, the Agency must make a finding that there are insufficient other moneys to remit the required SERAF payment. D. The legislation allows the Agency to use any funds that are legally available and not legally obligated for other uses in order to make the allocation of SERAF funds. The Agency will advance funds in the amount of $6,302,827 from the South Main Commercial Corridor Fund in order to make the required SERAF payment. D. As a condition of transferring from the South Main Commercial Corridor Fund pursuant to Health & Safety Code § 33690, the Agency must make a finding that there are insufficient other moneys to remit the required SERAF payment. E. The legislation implementing the State's fiscal year 2009-2010 budget also authorized the County Auditor/Controller to withhold property tax revenue from the City's general fund to the extent that the $17,889,256 payment is not made by the Agency by May 10, 2010. F. The allocation obligations shall be an indebtedness of the individual project areas within the Merged Project Area which have time limits which still allow them to incur debt. Resolution No. CRA 2010-001 Page 1 of 2 Section 2. The Agency hereby finds that transferring $3,679,546 from the Low and Moderate Income Housing funds and $6,302,827 from the South Main Commercial Corridor funds is necessary due to the insufficiency of other revenue sources. Section 3. The Executive Director of the Agency is hereby authorized to take all necessary actions and to sign all documents and instruments necessary to make the $17,889,256 payment to the County Auditor for deposit into the Supplemental Educational Revenue Augmentation Fund on or before May 10, 2010. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 3rd day of May, 2010. APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By:~, ~ ~' Lisa E. Storck Assistant General Counsel AYES: Boardmembers: Alvarez, Benavides, Bustamante Martinez_ Pulido, Sarmiento Tinajero (7) NOES: Boardmembers: None (0) ABSTAIN: Boardmembers: None (0) NOT PRESENT: Boardmembers: None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. CRA 2010-001 to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Ma 3 2010. Date: _ S"1 (o /~i o ~-' . ~~ Secretary, Community Redev I pment Agency City of Santa Ana Resolution No. CRA 2010-001 Page 2 of 2