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2010-02 RESOLUTION NO. 2010- 02 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA,AMENDING THE FISCAL YEAR 2009-10 COMMUNITY REDEVELOPMENT AGENCY BUDGET AND ALLOCATING A DEPOSIT INTO THE EDUCATIONAL REVENUE AUGMENTATION FUND WHEREAS,the California Budget Act of 2009, requires redevelopment agencies to shift property tax revenue to K-12 schools or the county office of education during fiscal year 2009-10; and WHEREAS, such funds are required by the California Budget Act of 2009 to be transferred to the county auditor and be deposited in the Supplemental Educational Revenue Augmentation Fund (SERAF) no later than May 10, 2010; and WHEREAS, the redevelopment agency is required to determine that it has available funds to fund the required SERAF transfer and that, if needed, such payment may come from redevelopment low mod housing funds and, if needed, such payment may come from general funds of the city or any other legal source of funds; and ( WHEREAS, the governing board must communicate to the county auditor its intention to remit such SERAF transfer payment to the county auditor no later than March 1, 2010; and WHEREAS, the California Department of Finance has determined that the Community Redevelopment Agency of Grand Terrace share of the 2009 SERAF transfer payment in accordance with Health and Safety Code §33690 to be the amount of $2,179,087; and WHEREAS, the State Budget Act of 2009 and ABx 4-26 was adopted after the Board of Directors adopted the 2009-10 fiscal year budget of the Community Redevelopment Agency of Grand Terrace; and WHEREAS, the governing board believes that the California Budget Act of 2009 requirement to shift property taxes from redevelopment agencies to K-12 schools or the county office of education is improper, illegal and furthermore supports the efforts by the California Redevelopment Association and the City of Fountain Valley Community Redevelopment Agency in a lawsuit filed in Sacramento Superior Court on October 20, 2009, seeking to block sections of budget trailer bill ABx 4-26, which was approved as part of the FY 2009-10 State budget; NOW THEREFORE, the Board of Directors of the Community Redevelopment Agency of Grand Terrace does hereby resolve, declare, determine, and order as follows: Section 1. There are sufficient funds in the unreserved, undesignated non-housing 1 Fund Balance Reserves of the Community Redevelopment Agency to pay the determined SERAF transfer payment for FY 2009-10. Section 2. The Agency will remit the required ERAF transfer from unreserved, undesignated non-housing fund balance reserves of the Community Redevelopment Agency, as determined by the Department of Finance, and advise the County Auditor Controller its intent to deposit $2,179,087 into the Educational Revenue Augmentation Fund no later than May 10, 2010. Section 3. Amend the FY 2009-10 Budget of the Community Redevelopment Agency to appropriate funds as needed, from the unreserved, undesignated fund balance reserve of the CRA Debt Service Fund. Section 4. The Agency reserves the right to a receive an immediate refund from the state or county auditor should the requirement to shift property taxes from the redevelopment agency, contained in the California Budget Act of 2009, be determined illegal or invalid at a later date. PASSED, APPROVED, AND ADOPTED this 23rd day of February, 2010. Attest: Secretary of the Grand Terrace Community Chairma ,6f the Grand Terrace Redevelopment Agency Commu{fi`ty Redevelopment Agency 2 Resolution CRA 2010-02 I,BRENDA MESA,CITY CLERK of the City of Grand Terrace,do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 23'day of February, 2010 by the following vote: AYES: Agency Members Cortes,Miller and Stanckiewitz;Vice-Chairman Garcia and Chairman Ferre NOES: None ABSENT: None ABSTAIN: None City Clerk