HomeMy WebLinkAbout2010 CC RESO 2010-90 CDCRESOLUTION NO. 2010 — 90
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE PAYMENT TO THE COUNTY AUDITOR OF
THE COMMUNITY DEVELOPMENT COMMISSION'S SHARE
OF THE SUPPLEMENTAL EDUCATION REVENUE
AUGMENTATION FUND FOR FISCAL YEAR 2009/2010
TOTALING $5,158,424 IF THE CALIFORNIA SUPERIOR COURT
FINDS THE REQUIRED PAYMENT TO BE CONSTITUTIONAL
WHEREAS, the State Department of Finance requires redevelopment agencies
to shift $1.7 Billion in property tax revenues to K — 12 schools and community colleges; and
WHEREAS, each redevelopment agency is required to allocate an amount to the
county auditor for deposit into the Education Revenue Augmentation Fund (ERAF) no later than
May 10, 2010; and
WHEREAS, the Community Development Commission's share of the Fiscal Year
2009-2010 ERAF payment is $5,158,424. Funding is available and has been budgeted with Tax
Increment Revenue; and
WHEREAS, payment to the county auditor for the Education Revenue
Augmentation Fund is the obligation of the Community Development Commission of the City of
National City; and
WHEREAS, on or before May 10, 2010, the California Superior Court will rule on
a lawsuit brought by the California Redevelopment Association (CRA) against the State of
California declaring the SERAF unconstitutional; and
WHEREAS, because the pending ruling, the CRA recommends that
redevelopment agencies wait for further direction for the CRA prior to sending the SERAF
payment to the County Auditor and Controller.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of the City of National City hereby authorizes the payment to the County Auditor for
the Community Development Commission's fiscal year 2009-2010 share of the Education
Revenue Augmentation Fund totaling 5,158,424, if the California Superior Court finds the required
payment to be constitutional, and unless the decision of the Superior Court is stayed pending
appeal.
PASSED and ADOPTED this 4th day of May, 20
on Morrison, Chairman
ATTES : APPROVED AS TO FORM:
ecretary George H. Eiser, III, City Attorney
Passed and adopted by the Community Development Commission of the City of
National City, California, on May 4, 2010, by the following vote, to -wit:
Ayes: Commissioners Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secrei ry� Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-90 of the Community Development Commission of the City of
National City, California, passed and adopted on May 4, 2010.
Secretary, Community Development Commission
By:
Deputy