2011-02 "-` RESOLUTION NO. 2011- 02
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF GRAND TERRACE, CALIFORNIA,AMENDING THE FISCAL
YEAR 2010-11 COMMUNITY REDEVELOPMENT AGENCY BUDGET AND
ALLOCATING A DEPOSIT INTO THE SUPPLEMENTAL 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 2010-11; 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, 2011; 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, 2011; and
WHEREAS,the California Department of Finance has determined that the
Community Redevelopment Agency of Grand Terrace share of the 2011 SERAF transfer
payment in accordance with Health and Safety Code §33690 to be in the amount of
$448,636; and
WHEREAS,the Board of Directors adopted the 2010-11 fiscal year budget of the
Community Redevelopment Agency of Grand Terrace and appropriated funds in
accordance with the State Budget Act of 2009 and ABx 4-26; 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 and subsequent appeal 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 and FY 2010-11 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
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Fund Balance Reserves of the Community Redevelopment Agency to pay the determined
SERAF transfer payment for FY 2010-11.
Section 2. The Agency will remit the required SERAF 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$448,636 into the Educational Revenue Augmentation
Fund no later than May 10, 2011.
Section 3. 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 8th day of February, 2011.
Attest:
Secretary of the Grand Terrace Community Chairman of the Grand Terrace
Redevelopment Agency Community Redevelopment Agency
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` Resolution 2011-02
I, Brenda Mesa, Secretary of the Community Redevelopment Agency 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 Grand Terrace held on the 8th day of
February, 2011, by the following vote:
AYES: Agency Members McNaboe, Sandoval and Hays; Vice-Chairman Garcia and
Chairman Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
Brenda Mesa
Agency Secretary/City Clerk
Approved as t form:
John R. HaipeOAen ttttorney