HomeMy WebLinkAbout2010-04-27; Housing & Redevelopment Commission; Resolution 4851 RESOLUTION NO. 485
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING 2009-10
4 PAYMENT TO THE SERAF FUNDS AS DIRECTED BY
THE STATE OF CALIFORNIA AND APPROPRIATING SAID
5 FUNDS
6 WHEREAS, the State of California adopted legislation as part of its 2009 budget
7 requiring the Carlsbad Redevelopment Agency to deposit payments into the
8 Supplemental Educational Revenue Augmentation Fund (SERAF); and
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WHEREAS, the adopted legislation requires redevelopment agencies to shift
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property tax revenues to the State for funding of K-12 schools and community colleges
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during the 2009-10 and 2010-11 fiscal years; and
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WHEREAS, in accordance with this legislation, the Carlsbad Redevelopment
Agency must make a payment of $1,350,538 in 2009-10 to the SERAF, unless a court
finds that the payment required by the State of California is unconstitutional and/or not
16 otherwise required to be made; and
17 WHEREAS, said payment as determined by the State Director of Finance must
18 be made to the County of San Diego Auditor for deposit into the SERAF on or before
19 May 10, 2010, unless the legal challenge noted above is successful.
20 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.23
24 2. That the Finance Director is authorized to appropriate $1,350,538 from the
25 Village Project Area of the Redevelopment Agency's Debt Service Fund to
26 the County of San Diego for the 2009-10 Supplemental Education Revenue
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1 Augmentation Fund (SERAF) as mandated by the State of California, and
2 subject to final disposition of the lawsuit challenging said mandated payment.
3 3. That the Finance Director is instructed to make no payment prior to May 10,
4 2010 in the event that a decision on the lawsuit challenging said payment is
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made prior to that time.
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4. If the court finds that the payment is unconstitutional and should not be made
to the State, then the Finance Director is authorized to withhold payment until
9 further notice.
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?y-
1 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Housing and
2 Redevelopment Commission of the City of Carlsbad on the 27th day of April, 2010, by
the following vote, to wit:
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AYES: Commissioners Kulchin, Hall, Packard, Blackburn
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NOES: None
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ABSENT: Commissioner Lewis8
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CLAUDE A. LteMS, CHAIRMAN
12 Ann J. KulchinVvice-Chair
13 ATTEST:
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16 L4SA HILDABRAND, SECRETARY
(SEAL)
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18 -„••-*.•- j /ESTABLISHED \\
19 |1A 1970
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