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HomeMy Public PortalAbout2009.003 - LRA (01-20-09)LRA RESOLUTION 2009.003 A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY ("AGENCY") OF THE CITY OF LYNWOOD APPROVING THE USE OF UNAPPROPRIATED PROJECT AREA TAX INCREMENT FUNDS TO PAY FOR PASS-THROUGH UNDERPAYMENTS AND TO PAY INTO THE EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) TO COMPLY WITH AB 1389 '~ WHEREAS, Assembly Bill (AB) 1389 of 2008, Chapter 751, Section 52 adds Section 33684 to the Health and Safety Code (H&S) and requires that ' every redevelopment agency subject to the requirements of Sections 33607.5 and 33607.7 submit a report of its passthrough obligations, by taxing entity, to the county auditor's office and to each affected taxing entity; and WHEREAS, on November 4, 2008, the Agency fulfilled its reporting obligation and submitted the required documentation to the Los Angeles County Auditor/Controller's (County A/C) Office; and WHEREAS, on December 15, 2008, the Agency received a response letter dated December 10, 2008 from the County A/C that indicates the Agency has an outstanding debt of $559,095.54 for passthrough underpayments ($42,402.77 from the Alameda Project Area $408,521.75 from Project Area A/81Annex and $107,881.02 from the Project Area A/1-A) to be paid on or prior to February 1, 2009; and WHEREAS, pursuant to Assembly Bill (AB) 1389, Section 53; Chapter 751, Statutes of 2008, requires California redevelopment agencies to shift $350 million in property tax revenues to K-12 schools and community colleges during the 2008-09 fiscal year. The State Director of Finance was required to determine an amount each redevelopment agency shall transfer to the Education Revenue ~ Augmentation Fund (ERAF) and concluded the Agency's obligation for ERAF payment is $409,995..The payment must be received by the County Auditors Office for deposit no later than May 10, 2009; and WHEREAS, the Agency did not make provisions in the FY08-09 budget for these unforeseen payments, therefore there is not sufficient funds available in the appropriated fund balance of the FY08-09 Redevelopment Project Area Fund or Alameda Area Fund to cover the AB 1389 compliance payments, and an appropriation from both of the unappropriated project area tax increment fund balances will be required. NOW, THEREFORE, IT IS RESOLVED BY THE LYNWOOD REDEVELOPMENT AGENCY AS FOLLOWS: Section 1. The Agency hereby authorizes the allocation of $969,091 from the unappropriated fund balances of the FY08-09 Redevelopment Project Area Funds for payments to comply with AB 1389 Sections 52 & 53. The funds will be appropriated as follows: ~, a) For the $559,095.54 Pass-through payment, the proposed method of ~ payment would utilize the Unappropriated tax Increment Funds: ($516,403 ~ Project Area A and $42,693 Alameda). b) For the $409,995 ERAF payment, the proposed method of payment would utilize $204,997.50 of the Unappropriated Project Area Tax Increment Funds (9452 & 9702); and $204,995 of the Project Area LMIHF (9752 & 9802). The Agency must pay back the LMIHF within 10 years. FUND#/SOURCE ERAFPAYMENT PASS-THROUGH PAYMENT 9452 Area A Tax Increment $163,998 $516,403 una ro riated 9702 Alameda Project Area $40,999.50 $42,693 Tax Increment una ro riated 9752 Area "A" Project Area $102,498.75 (LMIHF) (unappropriated) 9802 Alameda Project Area $102,498.75 (LMIHF una ro riated Total PaymentObli ation $409,995 $559,096 Section 2. The Agency authorizes the Executive Director to execute any documents, notices, and or reports to the State/County in order to comply with AB 1389 Section 52 & 53 and fulfills the Agency's obligation as stated herein. Section 3. This Resolution shall go into effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 20~h day of January, 2009. ~C~.l~J ~~-~ Maria T. Santillian, Chairperson ATTEST: Maria Quinonez, Agency Secre Roger aley, utive Director APPROVED AS TO FORM: AS TO CONTENT: Fred Galante, Agency Counsel ALESHIRE & WYNDER, LLP Hempe, Assistant City Manager STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the Agency at its regular meeting held on the 20th day of January, 2009. f~ AYES: MEMBER CASTRO, FLORES, MORTON, RODRIGUEZ NOES: NONE ABSENT: MEMBER SANTILLAN ABSTAIN: NONE Maria Quinonez, Secretary C~~% STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) ,~,, I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby I certify that the above foregoing is a full, true and correct copy of Resolution No. I 2009.003 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of January, 2008 ~~ Maria Quinonez, Secretary P^