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RESOLUTION NO. CRA 2011-006
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 (4tt' 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.
4/20/11 les
ADOPTED this 2nd day of May 2011.
Miguel A. Pulido
Chair
APPROVED AS TO FORM:
Joseph Straka, Interim General Counsel
By: (J?2 1?' Z ?
Lisa E. Storck
Assistant General Counsel
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Boardmembers:
Boardmembers:
Boardmembers:
Boardmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
Alvarez Benavides, Bustamante,
Martinez Sarmiento, Tinaiero (6)
None (0)
None (0)
Pulido (1)
I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached CRA
Resolution No. 2011-006 to be the original resolution adopted by the Community
Redevelopment Agency of the City of Santa Ana on May 2, 2011.
Date: 111;4 be 1 //,t, t- , - ' '1>
Secretary, Community P&development Agency
City of Santa Ana