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
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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
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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