Resolution No. GPFFA 2023-01 | Specifying When GPFFA Regular Meetings Not Be Held | Adopted 02/27/2023RESOLUTION NO. GPFFA 2023-01
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
GILROY PUBLIC FACILITIES FINANCING AUTHORITY
SPECIFYING CIRCUMSTANCES UNDER WHICH
REGULAR MEETINGS WILL NOT BE HELD
WHEREAS, the Gilroy Public Facilities Financing Authority (“Authority”) was
established by the City of Gilroy (“City”) and the Community Development Agency of the
City of Gilroy on March 21, 1994, pursuant to a joint powers agreement entitled “Joint
Exercise of Powers Agreement Gilroy Public Facilities Financing Authority” (as amended,
the “Agreement”) for the purpose, among others, of providing for the financing and
refinancing of public capital improvements for the City; and
WHEREAS, the Agreement was amended by the “First Amendment to Joint
Powers Agreement” on July 1, 2013, to replace the Community Development Agency of
the City of Gilroy with the Industrial Development Authority of the City of Gilroy as a party
to the Agreement; and
WHEREAS, Section 2.04 of the Agreement states that the Board of Directors
(“Board”) of the Authority shall provide for its regular meetings and shall hold at least one
regular meeting each year and fix the date, hour, and place of the regular meetings by
resolution; and
WHEREAS, Section 2.04 of the Agreement also states that all meetings of the
Board of the Authority shall be called, noticed, held, and conducted in accordance with
the provisions of Sections 54950 et seq. of the Government Code of the State; and
WHEREAS, Government Code Section 6592.1 provides that the Authority may
adopt a resolution authorizing bonds or any issuance of bonds or accepting the benefit of
any bonds or the proceeds of bonds only during a regular meeting of the Authority held
pursuant to Government Code Section 54954; and
WHEREAS, the Authority established regular meeting dates in accordance with
the provisions of Government Code Section 54954 by passing Resolution No. PFFA
2019-01 on October 7, 2019 which resolved that the Authority would hold its regular
meetings on the same date and time as the regular meetings of the Gilroy City Council;
and
WHEREAS, Resolution No. PFFA 2019-01 also authorized the Chair and officers
of the Authority to take whatever actions are required by law to cancel regularly scheduled
meetings if the Secretary determines that there is not business of the Authority to be
conducted at a regular meeting; and
WHEREAS, the Board desires to set forth circumstances under which a regular
meeting will not be held.
Resolution No. GPFFA 2023-01
Specifying When GPFFA Regular Meetings Not to Be Held
Gilroy Public Facilities Financing Authority Regular Meeting | February 27, 2023
Page 1 of 1
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY AS FOLLOWS:
SECTION 1. Recitals. Each of the foregoing recitals is true and correct.
SECTION 2. Circumstances Under Which Meetings Will Not be Held. If the
Secretary does not post an agenda for a regular meeting pursuant to Government Code
Section 54950 et seq. (“Brown Act”), then such failure to post shall be deemed to be a
determination by the Chair and officers of the Authority that no items required discussion
and, therefore, that the regular meeting is cancelled, except as otherwise provided in the
Brown Act.
SECTION 3. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED this 27th day of February 2023 by the following roll call
vote:
AYES: BOARD MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON,
MARQUES, TOVAR, BLANKLEY
NOES: BOARD MEMBERS: NONE
ABSTAIN: BOARD MEMBERS: NONE
ABSENT: BOARD MEMBERS: NONE
APPROVED:
Marie Blankley, Chair
ATTEST:
_______________________
Thai Nam Pham, Secretary
Marie Blankley (Mar 1, 2023 10:17 PST)
Marie Blankley
CERTIFICATE OF THE SECRETARY
I, THAI NAM PHAM, Secretary of Gilroy Public Finance Facilities Authority, do
hereby certify that the attached Resolution No. GPFFA 2023-01 is an original resolution,
or true and correct copy of a authority Resolution, duly adopted by the Gilroy Public
Finance Facilities Authority at a Regular Meeting of said held on Monday, February 27,
2023, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Monday, February 27, 2023.
____________________________________
Thai Nam Pham, Secretary
(Seal)