HomeMy WebLinkAboutResolution 2010-022 N.C.S. 02/22/2010Resolution No. 2010-022 N.C.S.
of the City of Petaluma, California
AUTHORIZING REPORT TO COUNTY AUDITOR REGARDING
STATE-MANDATED PAYIYIENT TO THE SUPPLEMENTAL
EDUCATIONAL REVENUE AUGIVIENTATION )FUND
WHEREAS, pursuant to authority granted under Community Redevelopment Law
(California Health and Safety Code Section 33000 ct seq.) (the "CRL") the City Council (the "City
Council") of the City of Petaluma (the "City") adopted the Redevelopment Plan (as amended, the
"Redevelopment Plan") for the Central Business District and Petaluma Community Development
Project Area[s] (the "Project Area[s]"); and,
WHEREAS, pursuant to Section 33606 of the CRL, a proposed budget for the 2009-
2010 Fiscal Year was submitted by the Executive Director of the Petaluma Community
Development Commission (the "Agency") and approved by the City and the Agency; and,
WHEREAS, Assembly Bill X4 26, effective October 22, 2009, as amended by Senate
Bill 68, effective November 12, 2009 (together, the "Amendment") amends Section 33334.2 and
33688 of, and adds Sections 33020.5, 33331.5, 33690, 33690.5, 33691 and 33692 to the CRL; and,
WHEREAS, the Amendment requires all redevelopment agencies in the State of California
to make payments from any legally available revenue totaling $1,700,000,000 to county
Supplemental Educational Revenue Augmentation Funds ("SERAF") for the 2009-2010 fiscal year
and $350,000,000 for the 2010-2011 fiscal year; and,
WHEREAS, pursuant to Section 33690(a) of the CRL, the State Director of Finance has
notified the Agency that the Agency SERAF contribution for the 2009-2010 fiscal year is
$5,079,099 (the "Agency SERAF Contribution"), which the Agency is obligated to pay to the
Sonoma County (the "County") Auditor for deposit in the County SERAF prior to May 10, 2010,
unless the Amendment is declared unconstitutional and stayed pursuant to court order in the
pending matter known as California Redevelopment Association v. Genest, Sacramento Superior
Court Civil No. 34-2009-800000359; and,
WHEREAS, Section 33690(d) of the CRL requires the City Council to report to the County
Auditor, by March 1, 2010, as to how the Agency intends to fund the Agency SERAF Contribution,
or that the City Council intends to remit the amount in lieu of the Agency pursuant to Section 33692
of the CRL; and,
WHEREAS, the Agency's chief fiscal officer has reviewed the contents of this
Resolution for accuracy; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
Resolution No. 2010-022 N.C.S. Page 1
Section 1. All the recitals above are true and correct and incorporated herein.
Section 2. The City Council hereby finds and determines that the Agency SERAF
Contribution, if legally required to be paid by May 10, 2010, shall be paid from:
PCDC Tax Increment Fund Account 5400.
Section 3. The City Manager is hereby authorized to inform the County Auditor, by letter,
that the Agency will make its required SERAF contribution from: PCDC Tax
Increment Fund Account 5400.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the App ved s to
Council of the City of Petaluma at a Regular meeting on the 22nd day of February, 1 f
2010, by the following vote: °
AYES: Barrett, Vice Mayor Glass, Harris, }-lealy, Rabbitt, Renee,
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
ey
Resolution No. 2010-022 N.C.S. Page 2