HomeMy Public PortalAbout2010.088 (05-04-10)RESOLUTION NO. 2010.088
A JOINT RESOLUTION OF THE CITY AND REDEVELOPMENT AGENCY OF THE
CITY OF LYNWOOD AUTHORIZING THE REDEVELOPMENT AGENCY TO REMIT
TO THE STATE'S SUPPLEMENTAL REVENUE AUGMENTATION FUND (SERAF)
THE MANDATED AMOUNT OF $1,993,341 FOR FY 2009-10 AND APPROPRIATING
THE FUNDS INTO THE AGENCY BUDGET TO ENABLE THE PAYMENT
WHEREAS, AB 26 4X requires redevelopment agencies to remit to their county
SERAF a proportionate share of $1.7 billion for fiscal year 2009-10 and $350 million for
fiscal year 2010-11. Those payments are due May 10, 2010 and May 10, 2011,
respectively; and
WHEREAS, The State Department of Finance has notified each ~redevelopment
agency of the amount of th'eir respective SERAF payments~for fY 2`009=1~0`,~tfie~ City,.of
Lynwood has been directed to pay $1,993,341; and:. ~~,
WHEREAS, The California Redevelopment Association (CRA) has filed a lawsuit
in Sacramento Superior Court challenging the constitutionality of AB 26 4x. CRA's
objective to obtain a Superior Court judgment declaring the legislation unconstitutional
and preventing its enforcement prior to May 10, 2010 deadline for SERAF payments,
however, until AB 26 4x has been judicially determined to be unconstitutional, it is the
law; and `
WHEREAS, Redevelopment agencies should be prepared to comply with its
terms if that becomes necessary due to CRA's inability to obtain a judgment or
injunction prior to May 10, 2010 or that judgment is unfavorable and must be appealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City and Agency is authorized to remit Supplemental Revenue
Augmentation Funds (SERAF) in the amount of $1,993,341 for FY 2009-10; and
Section 2. Increase appropriations by $1,993,341, under protest, and direct the
City Treasurer to have the funds available by May 3 to make this payment if payment is
required; and
Section 3. The Executive Director of the Agency, or his designee, is hereby
authorized to sign all documents necessary and appropriate to carry out the mandate
imposed by AB 26 4X of the State of California, and
Section 4. Administer and implement the Agency's obligations, responsibilities
and duties to be performed under AB 26 4x, under protest on the behalf of the Agency.
Section 5. This Resolution becomes effective immediately upon adoption.
PASSED, APPROVED and ADOPTED this 4t" day of May, 2010.
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Maria T. Santillan, Mayor
ATTEST:
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Maria Quinonez, City Clerk
Roger L. Haley, ' y Manager
APPROVED AS TO FORM:
Fred Galante, City Attorney
APPROVED AS TO CONTENT:
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Sa M. Withers, Director of
Redevelopment
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of Lynwood
at a regular meeting held on the 4t" day of May, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, AND
SANTILLAN
NOES: NONE
ABSENT: COUNCIL MEMBER CASTRO
ABSTAIN: NONE
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Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2010.088 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 4t" day of May, 2010.
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Maria Quinonez, City Clerk