2013-01 RESOLUTION NO. OB poi
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF GRAND
TERRACE AUTHORIZING THE EXECUTIVE DIRECTOR
TO TAKE ALL ACTIONS NECESSARY AND PERMITTED
TO TERMINATE THE AGREEMENT WITH THE GRAND
TERRACE CHAMBER OF COMMERCE
WHEREAS, Successor Agency for the Community Redevelopment
Agency for the City of Grand Terrace ("Successor Agency")' submitted a Recognized
Obligation Payment Schedule covering the period of January 1, 2013'to June 30, 2013
which included the Agreement with the Grand Terrace Chamber of Commerce
("Chamber Agreement"); and
WHEREAS, in an October 19, 2012 letter, the Department of Finance
("DOF") has denied the Agreement with the Grand Terrace Chamber of Commerce as
an enforceable obligation; and
WHEREAS, the Successor Agency requested a Meet & Confer with the
DOF for the purpose of arguing that the Chamber Agreement is an enforceable
obligation under the Health & Safety Code; and
WHEREAS, this Meet & Confer occurred on November 15, 2012; and
WHEREAS, the DOF made its final determination that the Chamber
Agreement is not an enforceable obligation in a letter dated December 18, 2012; and
WHEREAS, the Oversight Board, upon review of the results of the Meet &
Confer and DOF's December 18, 2012 Determination letter, desires to terminate the
Chamber Agreement, pursuant to its terms, as authorized by Health & Safety Code
34181(b).
NOW THEREFORE, BE IT RESOLVED by the Oversight Board, as
follows:
SECTION 1. The Oversight Board finds and determines that the foregoing
recitals are true and correct.
SECTION 2. The Oversight Board has reviewed presentations and
materials submitted by the Successor Agency and finds that it is in the best interest
Successor Agency to terminate the Chamber Agreement.
SECTION 3. Pursuant to Health & Safety Code Section 34181(b), the
Oversight Board directs and authorizes the Executive Director to cease performance in
■
r_ connection with and terminate the Chamber Agreement and to take all actions
T necessary, permitted, and required to effectively terminate the.Chamber Agreement.-
SECTION 4. The Executive Director . is authorized to submit this
Resolution to the Department of Finance and any other relevant agency as permitted
and required by law including, but not limited to,' Parts 1.8 and 1.85 .of the California
Health & Safety Code. The Executive Director is further authorized to take all necessary
and required actions to ensure that this Resolution is carried out according to.law.
SECTION 5. This Resolution of the Oversight Board shall not be effective
until five business days after its adoption or, in the case where the Department of
Finance has requested a review of this Resolution pursuant to Health & Safety Code
section 34179, upon Department of Finance approval pursuant to Health & Safety Code
section 34179.
SECTION 6. The Successor Agency shall maintain on file as a public
record this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Oversight Board of Successor Agency to Grand Terrace Redevelopment Agency, held
on this the 6th day of February 2013 by the following vote:
AYES: Board Members Shields, Miranda, Morga and Ferracone; Vice-Chhjirman
Saks andt,Chh6lrmhhi St)auckiiewitz
- NOES: None
ABSENT: None
ABSTAIN: None
Walt Stanckiewitz;Chair, Oversight
Board of Successor Agency to.Grand
Terrace Redevelopment Agency
ATTEST:
Oversight bard Secretary
( V ,