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2013-10-01 VNGFA Minutes (Final Approved) (Special)MINUTES OF THE SPECIAL MEETING OF THE VERNON NATURAL GAS FINANCING AUTHORITY OF THE CITY OF VERNON HELD OCTOBER 1, 2013, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA ________________________________________________ MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra, and Martinez MEMBERS ABSENT: None The meeting was called to order at 10:43 a.m. by Chairperson McCormick. The Interim Secretary announced that there are no changes to the agenda. PUBLIC COMMENT Interim Secretary Dana Reed announced that this was the time allotted for public comment. Chairperson McCormick inquired whether anyone in the audience wished to address the Board of Directors. No one responded. MINUTES 1. Minutes of the Special Vernon Natural Gas Financing Authority Meeting held September 17, 2013, to be received and filed. It was moved by Davis and seconded by Martinez to receive and file the Minutes for the meeting held September 17, 2013. Motion carried, 5-0. PUBLIC HEARINGS 1. Public comment on the formal termination of the Vernon Natural Gas Financing Authority. Successor Agency Staff Alex Kung advised that as previously discussed at the last meeting, staff is seeking to formally terminate the Vernon Natural Gas Financing Authority (“VNGFA”). Legal Counsel Gustavo Lamanna further added that there are requirements to formally terminate VNGFA. The proposed Vernon Natural Gas Financing Authority Special Meeting Minutes October 1, 2013 Page 2 of 3 Resolution includes a termination agreement. Pursuant to the Joint Powers Agreement, there is no need for the item to go to the City Council for consent as the City has already accepted the withdrawal of the Successor Agency to the Redevelopment Agency from participating in further activity. At 10:46 a.m., it was moved by Davis and seconded by Martinez to open the public hearing on the formal termination of the Vernon Natural Gas Financing Authority. Motion carried, 5-0. With no public comment, at 10:46 a.m., it was moved by Davis and seconded by Maisano to close the public hearing. Motion carried 5-0. Resolution No. VNGFA-0031 - A Resolution of the Board of Directors of the Vernon Natural Gas Financing Authority (A) Confirming the Opening and Closing of a Public Hearing of the Vernon Natural Gas Financing Authority on October 1, 2013, for Consideration of Termination of the Vernon Natural Gas Financing Authority, (B) Terminating the Vernon Natural Gas Financing Authority, (C) Authorizing Entry to the Terminating Amendment to the Joint Exercise of Powers Agreement, as Amended, and (D) Authorizing the Executive Director of the Successor Agency of the Redevelopment Agency of the City of Vernon, or his Assignee, to Take all Necessary, Appropriate, and Ancillary Actions to Implement the Termination of the Vernon Natural Gas Financing Authority in Furtherance and Pursuant to California Health & Safety Code Sections 34177(h) and 34177.3. Recommendations: (1) Find that conducting a public hearing concerning termination of the Vernon Natural Gas Financing Authority (“VNGFA”), consideration of the termination of VNGFA by its board of directors, and conferring authority on the Executive Director to take all steps to implement the termination of VNGFA and the VNGFA joint powers agreement, as amended, are except under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Find that public notices of this public hearing were posted in three public posting places within the Vernon Natural Gas Financing Authority Special Meeting Minutes October 1, 2013 Page 3 of 3 jurisdictional limits of the City of Vernon and on the Internet at www.cityofvernon.org; and (3) Approve the Resolution terminating VNGFA and confirming the conduct of the public hearing concerning the termination of VNGFA to consider public comments and the impacts of termination; and (4) Authorize entering into the terminating amendment affixed to the resolution terminating VNGFA; and (5) Authorize the Executive Director to the Successor Agency to the former Vernon Redevelopment Agency or his assignee to take all necessary, appropriate, and ancillary actions to implement the desires of the Board of Directors of VNGFA concerning termination of VNGFA and its joint powers agreement as set forth in the resolution for this action. It was moved by Martinez and seconded by Maisano to approve Resolution No. VNGFA-0031. Motion carried, 5-0. With no further business at 10:46 a.m., it was moved by Maisano and seconded by Ybarra, to adjourn the meeting. Motion carried, 5-0. ________________________ W. Michael McCormick Chairperson Kane, Ballmer & Berkman Special Counsel By: ______________________________ Gustavo Lamanna ATTEST: ______________________________ Dana Reed Interim Secretary