2014-09-30 Oversight Board Agenda Packet (Adjourned Regular)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the Oversight Board in open session are available for
public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon
City Hall, 4305 Santa Fe Avenue, Vernon, California 90058, no prior appointment necessary, and on the City’s
website at www.cityofvernon.org.
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participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 24
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Agenda
Adjourned Regular Meeting of the
Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Vernon
Tuesday, September 30, 2014, 4:00 p.m.
Council Chamber, City Hall
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Chairperson
Jonathan S. Fuhrman, Vice Chairperson
William J. Davis, Board Member
Mary Gallagher, Board Member
Steven Reyes, Board Member
David Vela, Board Member
Marlene Dunn, Board Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the Oversight Board on any matter
that is within the subject matter jurisdiction of the Board. The public will also be given a chance to comment on
matters which are on the posted agenda during the Board’s deliberation on those specific matters.
INTRODUCTION ITEM
1. Introduction of newly appointed Board Member Marlene Dunn who is replacing Alex Cherniss
as the representative for the Los Angeles County Office of Education. Deputy City Clerk to
administer the Oath of Office.
Oversight Board of the Successor Agency to the Redevelopment Agency
Adjourned Regular Meeting Agenda September 30, 2014
Page 2 of 3
MINUTES – TO BE RECEIVED AND FILED
2. Minutes of the Regular Meeting of the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Vernon held February 6, 2014.
3. Minutes of the Regular Meeting of the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Vernon held March 6, 2014.
ACTION ITEMS
4. Revisions to the Board’s Conflict of Interest Code, and authorization of the incorporation of said
recommended Code into a Master City of Vernon Conflict of Interest Code.
Recommendation:
(1) Find that the proposed actions do not constitute a “project” pursuant to section 15378(b)(2) of the
Guidelines to the California Environmental Quality Act (“CEQA”), because they constitute
administrative activities; and even if the directives did constitute a project, it would be exempt
from 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) Review the Board’s existing Conflict of Interest Code (“Code”), and either (a) submit proposed
revisions to the City Council or (b) recommend that no revisions be made. It is further
recommended that the Commission direct its Chairperson to document said decision by filing the
“2014 Local Agency Biennial Notice” with the Office of the City Clerk; and
(3) Recommend that the City Council incorporate the Commission’s Code, with any recommended
revisions, into one city-wide Master Conflict of Interest Code.
5. A Resolution of the Oversight Board of the Successor Agency to the Redevelopment Agency of
the City of Vernon adopting, approving, and ratifying the Recognized Obligation Payment
Schedule for the period January 1, 2015 through June 30, 2015, and approving certain related
actions pursuant to California Health & Safety Code Sections 34177(l), 34177(m) and 34180(g).
DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
6. Further direction to Successor Agency Staff regarding the winding down of affairs pursuant to AB26
and bond pay off with available funds.
ORAL REPORTS
7. Announcement on the transition of summary Minutes to “action” Minutes effective July 1, 2014.
8. Brief reports on activities, other brief announcements, and directives to staff.
Oversight Board of the Successor Agency to the Redevelopment Agency
Adjourned Regular Meeting Agenda September 30, 2014
Page 3 of 3
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on
this agenda. Dated this 25th day of September 2014.
By: ________________________________
Ana Barcia, Secretary
MINUTES OF THE REGULAR MEETING OF THE
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
HELD THURSDAY, FEBRUARY 6, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: W. Michael McCormick, Jonathan S. Fuhrman,
William J. Davis, Steven Reyes, Mary
Gallagher and Alex Cherniss
MEMBERS ABSENT: David Vela
The meeting was called to order at 4:07 p.m. by Chairperson
McCormick; Member Davis led the flag salute.
Legal Counsel Gustavo Lamanna announced that there are no
changes to the agenda.
PUBLIC COMMENT
Chairperson McCormick announced that this was the time allotted
for public comment and inquired whether anyone in the audience
wished to address the Board. No one responded.
MINUTES
1. It was moved by Vice Chairperson Fuhrman and seconded by
Member Davis to receive and file the Minutes of the
Regular Meeting of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of Vernon
held November 7, 2013. Motion carried, 5-0, Member
Gallagher had not yet entered the meeting.
ACTION ITEMS
1. Ratification of Resolutions approved by the Former Vernon
Redevelopment Agency concerning Resolution Nos. RA-396
through RA-406 as part of the winding down of the Former
Vernon Redevelopment Agency as follows:
a. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-396 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on February 1, 2011, RA-396 Appointed
Financial and Legal Consultants in Connection
with the Proposed Issuance of its Tax Allocation
Bonds; Making Certain Determinations Relating
Thereto; and Authorized Certain Other Action in
Connection Therewith.
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 2 of 9
b. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-397 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on February 15, 2011, RA-397 Authorized
the Issuance of its Industrial Redevelopment
Project Tax Allocation Bonds; Approved a Form of
First Supplemental Indenture, a Form of Purchase
Contract, a Form of Continuing Disclosure
Agreement and a Form of Official Statement;
Making Certain Determinations Relating Thereto;
and Authorized Certain Other Actions in
Connection Therewith.
c. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-398 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on March 1, 2011, RA-398 Approved the
Assignment of and Assigning an Existing
Obligation to Purchase and Develop a Certain
Project to the Redevelopment Agency of the City
of Vernon located at 4850 - 5050 Pacific
Boulevard.
d. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-399 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on March 1, 2011, RA-399 Approved the
Assignment By the City of Vernon of Development
Costs in Return for Trading Credits for Property
Located at 3200 Fruitland in the City of Vernon
and Superseding Resolution No. RA-346.
e. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-400 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 3 of 9
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on March 7, 2011, RA-400 Approved the
Execution of an Assignment and Assumption
Agreement by and Between the City of Vernon and
the Redevelopment Agency of the City of Vernon to
Convey Rights Under an Option Agreement for the
Purchase of Property Located at 4850 – 5050
Pacific Boulevard, and Authorized the Chairman of
the Board of Directors to Close Escrow on
Property Located at 4850 – 5050 Pacific
Boulevard.
f. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-401 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on March 7, 2011, RA-401 Approved and
Authorized the Expenditure of Development Costs
Regarding Property Located at 4850 – 5050 Pacific
Boulevard in the City of Vernon.
g. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-402 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on June 7, 2011, RA-402 Amended Section
18 of the Joint Exercise of Powers Agreement
Relating to the Vernon Natural Gas Financing
Authority.
h. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-403 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on June 7, 2011, RA-403 Approved and
Authorized a Reimbursement Transfer in the amount
of $13,865,160.10 to the City of Vernon for
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 4 of 9
Funding of Capital Projects for benefit of the
redevelopment project areas for the period 1996
to 2011.
i. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-404 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on June 7, 2011, RA-404 Approved and
Ratified the Execution of an Engagement Letter
Agreement Between the City of Vernon and DLA
Piper LLP Relating to the Property Located at
3200 Fruitland Avenue in the City of Vernon.
j. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-405 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on August 2, 2011, RA-405 found no
present need for future Low- and Moderate-Income
Housing in the City of Vernon.
k. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-406 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on August 16, 2011, RA-406 Adopted a
Budget for the Fiscal Year 2011-2012.
Legal Counsel Gustavo Lamanna explained that there are a number
of resolutions that were approved by the Former Redevelopment
Agency (“RDA”), previous to ABx1 26, from the time period of
January 1, 2011 through approximately August 2011 that may be
subject to challenge under two current cases. He explained that
because the sale of the Angelus Can property has been finalized,
it is staff’s recommendation to make the actions of the RDA
approved under AB46, pursuant to Health and Safety Code 34181,
and formally confirm the actions.
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 5 of 9
In response to Member Reyes, Lamanna advised that there are two
open cases. He reported on the City of Brentwood and Foster
City cases.
In further response to Member Reyes, Lamanna advised that the
judge has issued a tentative ruling in favor of local government
and has asked the Attorney General’s Office for further
briefings. Lamanna explained that the proposed actions are
consistent with what the Board has been doing and would avoid
any potential disruption considering the sale of the Angelus Can
property.
Lamanna reported that no hearing date has been set, in response
to Member Reyes’ inquiry.
Member Gallagher enters the meeting.
In response to Member Reyes, Lamanna reported that Health and
Safety Code Section 34181(a) authorizes the Oversight Board to
ratify the actions taken by the RDA before the effectiveness of
ABx1 26, to confirm the status quo. Gustavo further explained
that any actions taken by the Board will be reviewed by the
Department of Finance.
In response to Member Reyes’ inquiry on the finding of
completion and its role in the referenced cases, Lamanna
explained that it does not insulate an agency from any potential
challenges.
In response to Reyes’ inquiry on the time urgency of the
proposed actions, Lamanna explained that funds from the Angelus
Can sale are in the Real Property Trust fund. Staff would like
to distribute said funds to the taxing agencies, but opined that
it would be prudent to hold on to the funds. To this, Vice
Chairperson Fuhrman noted that it is not required.
Vice Chairperson Fuhrman opined that there is no urgency to
address the items this day. He advised that he is not
comfortable taking action at this time as he would like
additional time to review several items and their ramifications.
Member Reyes additionally advised that he would like to hear
more about the pending cases.
Chairperson McCormick suggested postponing the item until the
next Board meeting, March 6, 2014.
Vice Chairperson Fuhrman concurred as this would allow
sufficient time to address questions with staff.
Member Cherniss inquired whether there were certain items Vice
Chairperson Fuhrman had concerns over. In response Vice
Chairperson Fuhrman advised that he had additional questions on
proposed items 1.d, 1.g, and 1.h as notices on the agenda.
The Board was in agreement to defer the items to the March 6,
2014, meeting. No action on Item No. 1 and its subsequent
subsections was taken.
2. A Resolution of the Oversight Board of the Successor
Agency to the former Redevelopment Agency of the City of
Vernon approving the disposition of 4528 Bandini
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 6 of 9
Boulevard, Vernon, CA 90058 (the Austin Trucking site) as
an authorized disposition of assets and properties of the
Former Redevelopment Agency of the City of Vernon under
California Health & Safety Code Sections 34177 and 34181,
and ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the Former
Redevelopment Agency of the City of Vernon in conformance
with this resolution.
Legal Counsel Gustavo Lamanna reported on the second property
addressed in the long-range property management plan, Austin
Trucking. This is a vacant parcel which is subject to the
taking by the California Department of Transportation
(“CalTrans”) for their expansion of the I-710 freeway project.
The proposed grant deed will transfer the property to the City
of Vernon to hold in trust. The property will then be “off the
books” for the Successor Agency.
Vice Chairperson Fuhrman sought clarification. As he
understands it, the proposal is to transfer ownership from the
Successor Agency to the City without any consideration; no
payment of funds.
In response, Lamanna explained that it is a restricted grant
deed with a specific covenant that the property will not be
conveyed until the I-710 expansion. The property currently has
no market value as there are no buyers for a property that has
been identified in the CalTrans Environmental Impact Report as
eminent domain.
In response to Vice Chairperson Fuhrman’s concerns, Lamanna
reported that CalTrans counsel was contacted, but that they
declined to take the property as they have not yet made a final
determination on the project.
Vice Chairperson Fuhrman argued that the property has value. In
response Successor Agency Staff Alex Kung explained how a value
could not be obtained, additionally it is not known how much of
the property CalTrans will take. He reported on their I-710
expansion plans.
Vice Chairperson Fuhrman opined that a court would require
CalTrans to compensate an agency for the takeover of a property.
He does not support the recommendation to give the property to
the City, even if the City is constrained on the property use.
He advised that it would be a gift of public funds.
Vice Chairperson Fuhrman noted that it was not clear in the
long-range property management plan that the property would be
given to the City without consideration.
In response to Vice Chairperson Fuhrman, Lamanna advised that it
is currently used as a parking lot. The property was acquired
in 1991 for approximately $800,000. The property generates
approximately $6,000 in rent per month.
In response to Chairperson McCormick, Lamanna confirmed that the
proposed grant deed would hold the property in trust for seven
years.
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 7 of 9
Member Reyes inquired on other options. In response, Lamanna
explained that the decision is up to the Board. The Board could
negotiate terms, but it would be prudent to obtain an appraisal
to determine the property’s value; however, this will be at an
expense and will delay the process. He further noted that it
would also be contrary to the long-range property management
plan already approved and filed with the Department of Finance.
Alternatively, the Board can simply do what was outlined in the
plan.
In response to Member Reyes, Lamanna explained the property’s
government use as 1) being taken by the I-710 freeway expansion,
or 2) its original intent as the location for Vernon Fire
Station No. 2. Kung further noted that the location is
strategic in order to maintain the City’s Class 1 Fire
Department rating.
Member Gallagher inquired on the time needed to conduct the
appraisal. In response, Lamanna reasoned that it would be a
similar timeline as that of the appraisal conducted for the
Angelus Can property. He advised that a request for proposals
(“RFP”) would need to be conducted.
Vice Chairperson Fuhrman advised that the template for the RPF
was already available.
Member Gallagher motioned to postpone discussions and reschedule
the item to the March 6, 2014, meeting. It was seconded by
Davis. Motion does not carry, 3-3, with Fuhrman, Reyes, and
Cherniss in opposition.
Member Cherniss directed staff to obtain the appraisal for the
Austin Trucking property. Vice Chairperson Fuhrman added that
it should be a dual appraisal, one for a standalone value where
there is no eminent domain issue, and one for the value that the
state would pay if it were to take the property.
All were in agreement; Lamanna is to conduct the RFP process.
No action on the proposed grant deed; the disposition of 4528
Bandini Boulevard, Vernon, CA 90058 (the Austin Trucking site)
was taken.
3. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of Vernon
directing the commencement of a refunding of Series 2005
and 2011 bonds with the Los Angeles County Dissolution
Refunding Program.
Legal Counsel Gustavo Lamanna reported on the County of Los
Angeles’ upcoming deadline in order to participate in the
dissolution refunding program.
Lamanna explained that the proposed is slightly modified. The
program is a straight refund for cost savings; savings that are
passed on to the Successor Agency. However, staff recommends
that the County assume the responsibility of the bonds. This
will allow the Agency to further wind down, and conclude
activities. However, staff’s intents have not been vetted
through the County; Lamanna sought Member Reyes’ guidance on
whom to contact.
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 8 of 9
Successor Agency Staff Alex Kung further explained that the
Agency has made much more progress than most and if all that is
left is bond payments on the Recognized Obligation Payment
Schedule, then this is something the County could take over.
Member Reyes advised that he would be able to provide staff the
appropriate contact information.
In response to Vice Chairperson Fuhrman’s inquiry on the
outstanding balance, Lamanna advised that the two bond series
have an estimated $58 million remaining.
Lamanna further explained that there are certain limitations to
what can be done with the bonds.
The Board directed staff to interface with Member Reyes to
obtain an appropriate contact at the County. No action on the
proposed resolution for the commencement of a refunding of
Series 2005 and 2011 bonds with the Los Angeles County
Dissolution Refunding Program was taken.
4. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of Vernon
adopting, approving, and ratifying the Recognized
Obligation Payment Schedule for the period July 1, 2014
through December 31, 2014, and approving legally required
related actions and notification to other government
entities pursuant to California Health & Safety Code
Sections 34177(l), 34177(m) and 34180(g).
Legal Counsel Gustavo Lamanna advised that the proposed
Recognized Obligation Payment Schedule (“ROPS”) is consistent
with previously approved schedules.
Successor Agency Staff Alex Kung reported on a correction to the
utilities payment for the period of July 2013 through December
2013.
Lamanna reported that staff received a communication from the
County requesting an interface for a prior period adjustment.
Staff is seeking approval to make the modifications and bring
back to the Board for ratification.
It was moved by Member Gallagher and seconded by Member Davis to
approve the proposed resolution approving Recognized Obligation
Payment Schedule for the period July 1, 2014 through December
31, 2014, and authorizing staff to make modifications. Motion
carried, 6-0.
ORAL REPORTS
Successor Agency Staff Alex Kung reported on the close of sale
on the Angelus Can property. Demolition will be commencing
within the month; a new building will be up soon.
Kung reported on the communication and visit from the State
Auditor-Controller’s Office to the City. A number of documents
were requested and provided. Finance Director William Fox
interfaced with the representatives on behalf of the Successor
Agency.
Oversight Board Regular Meeting Minutes
February 6, 2014
Page 9 of 9
With no further business, at 5:11 p.m., Chairperson McCormick
adjourned the meeting.
________________________
W. Michael McCormick
Chairperson
ATTEST:
_________________________
Ana Barcia
Secretary
MINUTES OF THE REGULAR MEETING OF THE
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
HELD THURSDAY, MARCH 6, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: W. Michael McCormick, Jonathan S. Fuhrman,
William J. Davis, Steven Reyes, Alex
Cherniss, and David Vela
MEMBERS ABSENT: Mary Gallagher
The meeting was called to order at 4:10 p.m. by Chairperson
McCormick; he also led the flag salute.
CHANGES TO THE AGENDA
Legal Counsel Gustavo Lamanna announced the removal of the
February 6, 2014 Minutes from the agenda.
PUBLIC COMMENT
Chairperson McCormick announced that this was the time allotted
for public comment and inquired whether anyone in the audience
wished to address the Board. No one responded.
ACTION ITEMS
1. Ratification of Resolutions approved by the Former Vernon
Redevelopment Agency concerning Resolution Nos. RA-396
through RA-406 as part of the winding down of the Former
Vernon Redevelopment Agency as follows:
a. Resolution No. OB-25 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-396 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on February 1, 2011, RA-396 Appointed
Financial and Legal Consultants in Connection
with the Proposed Issuance of its Tax Allocation
Bonds; Making Certain Determinations Relating
Thereto; and Authorized Certain Other Action in
Connection Therewith.
b. Resolution No. OB-26 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-397 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 2 of 10
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on February 15, 2011, RA-397 Authorized
the Issuance of its Industrial Redevelopment
Project Tax Allocation Bonds; Approved a Form of
First Supplemental Indenture, a Form of Purchase
Contract, a Form of Continuing Disclosure
Agreement and a Form of Official Statement;
Making Certain Determinations Relating Thereto;
and Authorized Certain Other Actions in
Connection Therewith.
c. Resolution No. OB-27 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-398 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on March 1, 2011, RA-398 Approved the
Assignment of and Assigning an Existing
Obligation to Purchase and Develop a Certain
Project to the Redevelopment Agency of the City
of Vernon located at 4850 - 5050 Pacific
Boulevard.
d. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-399 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on March 1, 2011, RA-399 Approved the
Assignment By the City of Vernon of Development
Costs in Return for Trading Credits for Property
Located at 3200 Fruitland in the City of Vernon
and Superseding Resolution No. RA-346.
e. Resolution No. OB-28 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-400 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 3 of 10
i. Approved on March 7, 2011, RA-400 Approved the
Execution of an Assignment and Assumption
Agreement by and Between the City of Vernon and
the Redevelopment Agency of the City of Vernon to
Convey Rights Under an Option Agreement for the
Purchase of Property Located at 4850 – 5050
Pacific Boulevard, and Authorized the Chairman of
the Board of Directors to Close Escrow on
Property Located at 4850 – 5050 Pacific
Boulevard.
f. Resolution No. OB-29 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-401 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on March 7, 2011, RA-401 Approved and
Authorized the Expenditure of Development Costs
Regarding Property Located at 4850 – 5050 Pacific
Boulevard in the City of Vernon.
g. Resolution No. OB-30 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-402 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on June 7, 2011, RA-402 Amended Section
18 of the Joint Exercise of Powers Agreement
Relating to the Vernon Natural Gas Financing
Authority.
h. A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of
Vernon approving and ratifying the disposition of
assets and properties in Resolution No. RA-403 as
authorized actions under California Health & Safety
Code Sections 34177 and 34181, and ratifying certain
related actions pursuant to AB X1 26, as amended by AB
1484, AB 1585, and SB 341 with instructions to the
Successor Agency to the Redevelopment Agency of the
City of Vernon in conformance with this resolution.
i. Approved on June 7, 2011, RA-403 Approved and
Authorized a Reimbursement Transfer in the amount
of $13,865,160.10 to the City of Vernon for
Funding of Capital Projects for benefit of the
redevelopment project areas for the period 1996
to 2011.
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 4 of 10
i. Resolution No. OB-31 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-404 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on June 7, 2011, RA-404 Approved and
Ratified the Execution of an Engagement Letter
Agreement Between the City of Vernon and DLA
Piper LLP Relating to the Property Located at
3200 Fruitland Avenue in the City of Vernon.
j. Resolution No. OB-32 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-405 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on August 2, 2011, RA-405 found no
present need for future Low- and Moderate-Income
Housing in the City of Vernon.
k. Resolution No. OB-33 - A Resolution of the Oversight
Board of the Successor Agency to the Redevelopment
Agency of the City of Vernon approving and ratifying
the disposition of assets and properties in Resolution
No. RA-406 as authorized actions under California
Health & Safety Code Sections 34177 and 34181, and
ratifying certain related actions pursuant to AB X1
26, as amended by AB 1484, AB 1585, and SB 341 with
instructions to the Successor Agency to the
Redevelopment Agency of the City of Vernon in
conformance with this resolution.
i. Approved on August 16, 2011, RA-406 Adopted a
Budget for the Fiscal Year 2011-2012.
Legal Counsel Gustavo Lamanna reported on the requested actions
pursuant to Health and Safety Code Section 34181(a). He
reported on the City of Brentwood and Foster City cases, both of
which are still pending. As no decisions has been made, staff
will continue to monitor and will brief the Board when results
become available.
Lamanna explained and presented on the Board’s role and approval
process to dispose of all assets and properties. He noted the
instability created by the pending cases of the City of
Brentwood and Foster City. The proposed recommendations are
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 5 of 10
consistent with the Board’s duties; furthermore, the actions
approved by the Board will be reviewed by the Department of
Finance.
Lamanna explained that the recommendation addresses eleven (11)
separate actions taken by the Former Redevelopment Agency
(“RDA”). Although the Board can vote on each of the 11 proposed
actions, he invites the Board to approve the ratification of the
RDA Resolutions under one motion. However, Lamanna provided and
presented on three different options.
“Option 1,” which is staff’s recommendation, recommends the
approval of the Oversight Board resolutions ratifying the prior
actions of the RDA subject to the Department of Finance review.
This allows the Board to continue on its path of winding down
the affairs of the Successor Agency and would minimize the
instability created by the uncertainty of the pending cases.
“Option 2” recommends the approval of the Oversight Board
resolutions ratifying the prior actions of the RDA, subject to
the Brentwood and Foster City tentative decisions, and will not
take effect until they are final and non-appealable. Lamanna
explained that although approval would be given now, the action
will not be effective until the cases have concluded.
Vice Chairperson Fuhrman expressed his uncertainty on whether
the proposed actions are necessary. In response, Lamanna
explained how there is uncertain and the recommended actions
would help move progress toward the mutual goal of the
dissolution of assets and liability.
“Option 3” recommends that the proposed ratification of the
prior actions of the RDA be tabled until the next Oversight
Board meeting following the court’s decision on the two cases.
The final outcome will not be determined until the two cases
have been litigated. No action on staff’s recommendations will
be taken at this time.
Lamanna advised that if the Board wished to approve all under
one motion that would be appropriate.
Vice Chairperson Fuhrman expressed his concerns with the
approval of items 1.d, 1.g, 1.h, and 1.j as noticed on the
agenda.
Member Reyes is considering Option 3 as he is still unsure of
the effects of the cases. Lamanna explained that under Options
2 or 3 the closing of the items would be pending the final
determination of the two cases.
In response to Member Reyes, Lamanna advised that not many other
Oversight Boards have gotten as far as this Board. Should the
Board approve the recommendations pursuant to Option 1, the
approved items will be reviewed by the Department of Finance.
Vice Chairperson Fuhrman noted that it could be a two-year
process to go through the court’s appeal process.
Member Reyes sought clarification from Vice Chairperson Fuhrman
on the four items he objected to.
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 6 of 10
Vice Chairperson Fuhrman reported on his objection to approve
the following:
1.d. – Ratification of Resolution No. RA-399, the transfer to
the City of reclaim trading credits in exchange for a
project that he opined would never come to fruition.
1.h. – Ratification of Resolution No. RA-403, the $13 million
cash transfer to the City.
1.g. – Ratification of Resolution No. RA-402, amendment to the
Joint Powers Agreement with the Natural Gas Financing
Authority.
1.j. – Ratification of Resolution No. RA-405, that determined
that there is no need for low-to-moderate income housing
in Vernon.
It was moved by Member Davis and seconded by Vice Chairperson
Fuhrman to approve items 1.a (Resolution No. OB-25), 1.b
(Resolution No. OB-26), 1.c (Resolution No. OB-27), 1.e
(Resolution No. OB-28), 1.f (Resolution No. OB-29), 1.i
(Resolution No. OB-31), and 1.k (Resolution No. OB-33), as
noticed on the agenda under Option No. 1 as proposed by staff.
Motion carried, 6-0.
Board addressed the remaining proposed items individually.
Lamanna presented on item 1.d as noticed on the agenda,
recommending the ratification of Resolution No. RA-399. The
motion captured the assignment of power plan development costs
in return for environmental trading credits of comparable value.
Member Reyes questioned the provision of assets and resources
without remuneration. Vice Chairperson Fuhrman further inquired
on the status of the power plant.
In response Lamanna explained that the power plant was intended
to be a joint venture between the City of Vernon and the Former
Redevelopment Agency. In order to build the plant, emission
credits had to be purchased additionally development costs were
expended; however, the power plant did not move forward.
Lamanna advised that the credits were always under the name of
the City. The action formally placed the development costs on
the Redevelopment Agency’s books in case the development moved
forward. Lamanna advised that some of the credits are still on
the City’s books.
Vice Chairperson Fuhrman stated that there are no realistic
prospects to proceed with the power plant project. Lamanna
advised that there is no immediate goal to build the power
plant.
Finance Director William Fox reported on closure of the San
Onofre Nuclear Generating Station and the states internal need
for a power plant. Vernon’s location would be optimal for a
power plant. There is a strong likelihood for this based on the
demand.
Vice Chairperson Fuhrman inquired on the likelihood of winding
down the affairs of the Agency if the development credits were
on the Agency’s book. He opined that it may be easier to
reverse the transaction and dispose of the trading credits.
In response, Lamanna advised that the development costs are tied
to a specific development project. There would be no
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 7 of 10
compensation for the undoing of the transaction. He further
explained that the credits were always under the City’s name.
Member Reyes advised that the fair market value should be
considered as it parallels the assessment of real property. By
taking this approach or conducting further review would help
guide the Board in its decision.
Lamanna advised that staff has considered this route. He
advised that there is no reason to unwind this action; the
legitimacy should be ratified as an approved transfer. He
questioned the ability of the Successor Agency to get the
trading credits.
Vice Chairperson Fuhrman advised that if no action is taken, the
item remains status quo. If the Department of Finance
determines that the action should be unwound, then the Board’s
failure to endorse could potentially snowball the effects.
Lamanna advised that if the Board decides on Option 3 then it
remains status quo. It would be difficult for anyone to unwind
the transaction as there is legal basis to support decisions
made by the RDA during the first part of 2011. Staff’s
reasoning for Options 1 or 2 is that it can expeditiously wind
down the affairs of the Successor Agency and there is no
potential instability.
Vice Chairperson Fuhrman advised that he is sensitive to the
winding down of the affairs but he does not want to be
excessively generous in doing so.
Lamanna noted that the financial auditors, Macias Gini and
O’Connell, LLP, did not find the transaction questionable in
their review of the financial statements. Lamanna advised that
the goal is to expedite the process. If the Department of
Finance has any concerns it will bring it to the Board’s
attention. If the Board does not take an action, the Department
of Finance will not review the item.
Chairperson McCormick moved for Option 1 on the ratification of
Resolution No. RA-399, item 1.d as noticed on the agenda. It
was seconded by Member Davis. Motion fails, 2-4, with Fuhrman,
Gallagher, Cherniss, Reyes, and Vela in opposition.
Chairperson McCormick moved for Option 2 on the ratification of
Resolution No. RA-399, item 1.d as noticed on the agenda. It
was seconded by Member Davis. Motion fails, 2-4, with Fuhrman,
Gallagher, Cherniss, Reyes, and Vela in opposition.
Member Reyes moved for Option 3 on the ratification of
Resolution No. RA-399, item 1.d as noticed on the agenda. It
was seconded by Member Vela. Motion carries, 6-0.
Member Vela exited the meeting.
Lamanna reported on the ratification of Resolution No. RA-402,
item 1.g. as noticed on the agenda, which addresses the
amendment to the Joint Exercise Powers Agreement relating to the
Vernon Natural Gas Financing Authority (“VNGFA”). He noted that
the Successor Agency has ceased membership in the VNGFA.
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 8 of 10
In response to Vice Chairperson Fuhrman’s concerns, Lamanna
explained that there is no debt in the VNGFA, the Successor
Agency has ceased membership, and the VNGFA is subject to
termination.
Vice Chairperson Fuhrman withdraws his objection to approval
under Option 1 for the proposed item.
It was moved by Chairperson McCormick and seconded by Member
Reyes to approve the Ratification of Resolution No. RA-402,
under Option 1, item 1.g as noticed on the agenda; memorialized
as Resolution No. OB-30. Motion carries, 5-0.
Lamanna reported on the ratification of Resolution No. RA-403,
item 1.h. as noticed on the agenda, which addresses the
reimbursement transfer in the amount of approximately $13
million to the City. Lamanna recalled that a demand letter from
the Oversight Board was sent to the City and that no action had
resulted.
Vice Chairperson Fuhrman stated his opposition to not approve
the proposed, for reasons previously established.
It was moved by Member Reyes and seconded by Vice Chairperson
Fuhrman to select Option 3, which is no action on the proposed;
item 1.h as noticed on the agenda will be tabled until the cases
have been resolved. Motion carried, 5-0.
Lamanna reported on the ratification of Resolution No. RA-405,
item 1.j. as noticed on the agenda, which addressed the need for
low-and-moderate income housing at the time.
In response to Vice Chairperson Fuhrman’s concerns Lamanna
explained that due to public safety no additional low-and-
moderate income housing was determined to be needed.
Member Reyes questioned whether the ratification by the Board of
the proposed was appropriate. Lamanna explained that it is the
ratification of the RDA actions in terms of the disposition of
assets or funds; therefore, it is appropriate for the Board to
consider.
It was moved by Member Davis and seconded by Chairperson
McCormick to approve item 1.j as noticed on the agenda, pursuant
to Option 1. Motion fails, 2-2-1, with Reyes and Cherniss in
opposition, and Fuhrman abstaining.
Kung explained that the Agency went through the state’s process
to make this determination. This is the usual determination as
there are few areas zoned for housing and the City is primarily
industrial. Because there is a rendering plan in Vernon, there
was not a desire to place additional housing in the area. Kung
explained how the resident community decreased as industry grew
over the years. A low-moderate income housing project is now
being developed near Maywood in accordance with the good
governance reforms in order to double the City’s population.
Kung noted that historically these were the findings that the
state approved.
In response to Vice Chairperson Fuhrman’s reasoning that now a
location for additional housing has been identified, Kung
explained that the property was previously obtained by the City
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 9 of 10
in order to build a new Fire Station, but that due to budgetary
constraints the project never came to fruition. The property
was recently rezoned to address the housing need.
Staff confirmed for Member Reyes that there are no other
properties in Vernon that could accommodate housing.
Chairperson McCormick added that the site became available after
the occupant went out of business. He noted that there is
industry on both sides of the property.
After considering staff’s reporting, Member Reyes is in support
of Option 1. The board reconsidered the motion.
It was moved by Member Davis and seconded by Chairperson
McCormick to approve item 1.j as noticed on the agenda, pursuant
to Option 1; memorialized by Resolution No. OB-32. Motion
carried, 4-0-1, with Fuhrman abstaining.
2. Resolution No. OB-34 - A Resolution of the Oversight Board
of the Successor Agency to the Redevelopment Agency of the
City of Vernon allowing the Successor Agency of the Vernon
Redevelopment Agency to create an enforceable obligation
to conduct the work of winding down the former Vernon
Redevelopment Agency, including the approval of
contracting of the professional services of a qualified
appraisal firm to complete the appraisal of 4528 Bandini
Boulevard pursuant to California Health & Safety Code
Section 34177.3(b).
Legal Counsel Gustavo Lamanna advised that at the previous
meeting staff had proposed to implement the long-range property
management plan and convey the Austin Trucking site to the City
of Vernon. The Board directed staff to conduct a request for
proposal (“RFP”) process to obtain a firm in order to conduct an
appraisal of the site. The RFP process has been conducted and
two proposals were received. Lamanna reported on the proposals.
He noted that the County Department of Finance will most likely
object to the expense, as it is not part of the long-range
property management plan.
It was moved by Vice Chairperson Fuhrman and seconded by Member
Cherniss to select Curtis Rosenthal to conduct the appraisal and
approve Resolution No. OB-34. Motion carried, 5-0.
3. Resolution No. OB-35 - A Resolution of the Oversight Board
of the Successor Agency to the Redevelopment Agency of the
City of Vernon adopting, approving, and ratifying the
Recognized Obligation Payment Schedule for the period July
1, 2014 through December 31, 2014, and approving certain
related actions pursuant to California Health & Safety
Code Sections 34177(l), 34177(m) And 34180(g).
Legal Counsel Gustavo Lamanna explained that this is a new
Recognized Obligation Payment Schedule (“ROPS”) that will
supersede and replace the previously approved ROPS during the
February 6, 2014, meeting. He advised that much discussion was
had with the County Auditor Controller’s Office.
Vice Chairperson Fuhrman noted that the $5,000 for the appraisal
cost was listed as a non-administrative item. In response
Lamanna explained that it is considered part of the property
disposition and has been previously noted as such.
Oversight Board Regular Meeting Minutes
March 6, 2014
Page 10 of 10
It was moved by Vice Chairperson Fuhrman and seconded by Member
Davis to approve Resolution No. OB-35. Motion carried, 5-0.
ORAL REPORTS
Successor Agency Staff Alex Kung reported that demolition at the
Angelus Can property has commenced.
Vice Chairperson Fuhrman inquired whether there was a need for
Oversight Board meetings in the upcoming months. It was
determined that there was no need.
The Board is to meet in June at its regularly scheduled date.
Should there be a need, a special meeting can be called. All
other meetings until said date are cancelled. All were in
agreement
With no further business, at 5:12 p.m., Chairperson McCormick
adjourned the meeting.
________________________
W. Michael McCormick
Chairperson
ATTEST:
_________________________
Ana Barcia
Secretary
STAFF REPORT
CITY CLERK'S OFFICE
DATE:
TO:
FROM:
RE:
September 2,2014
Honorable Chairperson and Members of the Oversight Board of the
Successor Agency to the Redevelopment Agency
Ana Barcia, Deputy City Clerk b
Revisions to the Board's Conflict of Interest Code, and authorization of the
incorporation of said recommended Code into a Master City of Vernon
Conflict of Interest Code
Recommendation
It is recommended that the Board:
1. Find that the proposed actions do not constitute a "project" pursuant to section
1537S(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"),
because they constitute administrative activities; and even if the directives did constitute
a project, it would be exempt from 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. Review the Board's existing Conflict of lnterest Code ("Code"), and either (a) submit
proposed revisions to the City Council or (b) recommend that no revisions be made. It is
further recommended that the Commission direct its Chairperson to document said
decision by filing the "2Ol4 Local Agency Biennial Notice" with the Office of the City
Clerk; and
3. Recommend that the City Council incorporate the Commission's Code, with any
recommended revisions, into one city-wide Master Conflict of Interest Code.
Background
The Political Reform Act requires each local agency to adopt and update its Conflict of Interest
Code ("Code") biennially, if necessary. The Code must enumerate the positions "which involve
the making or participation in the making of decisions which may foreseeably have a material
effect on any financial interest of that position." The Code must also specify the categories of
financial disclosure that are required for each designated position. Each individual holding a
position listed within the Code must file a "Statement of Economic Interest" (the "Form 700")
and disclose his or her financial interests in the specified categories.
Government Code Section 87306.5 requires the City, and local agencies, boards and
commissions to review their conflict of interest codes before October 1't:
*87306.5. No later than July 1 of each even-numbered year, the code reviewing body
shall direct every local agency which has adopted a Conflict of Interest Code in
accordance with this title to review its Conflict of Interest Code and, if a change in its
code is necessitated by changed circumstances, submit an amended Conflict of Interest
Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code
reviewing body."
Currently the City and all City affiliated agencies, boards, and commissions have their own
stand-alone Conflict of Interest Codes.
On June 17, 2014, the City Council directed each board, agency, committee, and commission
affiliated with the City to review its Conflict of Interest Code, and to, by October 1,2014, either
submit proposed revisions to City Council or recommend that no revisions be made. To improve
administration, staff was directed to compile all proposed conflict of interest codes into one
Master Conflict of Interest Code applicable to all City of Vemon agencies, boards, and
commissions.
To facilitate the review process, the existing Conflict of Interest Code applicable to the Oversight
Board Resolution No. OB-9 is provided. Staff recommends that the Board approve the attached
schedules as part of the proposed revisions to the City Council. The schedules include the
recommended Board filers, disclosure categories and proposed conflict of interest code language.
Fiscal Impact
There is no fiscal impact.
RESOLUTION NO. OB-9
A RESOLUTION OE THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OE THE
CITY OE VERNON ADOPTING A CONFLICT OF INTEREST CODE
FOR THE OVERSIGHT BOARD
WHEREAS, the Oversight Board to the Successor Agency to the
dissolved Redevelopment Agency of the City of Vernon has been
appointed pursuant to the provisions of the Hea.l-th & Safety Code
section 341,7 9; and
WHEREAS, the Oversight Board is deemed a local entity for
purposes of the Political Reform Act; and
VIHEREAS/ pursuant to the Political Reform Act and
regulations promulgated thereunder by the Fair Political Practices
Commission of the State of California (EPPC), a newly establ-ished
l-ocal entity is required to adopt a conflict of interest code; and
WHEREAS, the Oversiqht Board finds and det.ermines that it is
appropriate to adopt as its conf1ict of interest code the model
conffict of interest code promulgated by the FPPC as set forth in this
Resolution.
NOV,], THEREEORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OE THE CITY OF VERNON AS
EOLLOWS:
SECTION 1: The Oversight Board of the Successor Agency to
the Redevelopment Agency of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
correct.
sECTION 2: Pursuant to the Political Reform Act of 1-97 4,
Government Code Section 87300 et see., and Section 18730 of Title 2 of
the California Code of Regulations, the Oversight Board adopts the
model conflict of interest code promulgated by the Fair Political
practices Commission of the State of Cal-ifornia as set forth in Section
18730 of Title 2 of the California Code of Regulations, which model
conflict of interest code is incorporated herein by reference, and
which, together with the Iist of designated positions and the
disclosure categories applicable to each designated position as set
forth in this Resolution, collectively constitutes the Oversight
Board,s conflict of interest code. As the model conflict of interest
code set forth in Section 18730 of Title 2 of the California Code of
Regulations is amended from time to time by State law, regulatory
action of the Fair Political Practices Commission ("EPPC"), or judicial
determinations, the portion of the Board's confl-ict of interest code
comprising the model conflict of interest code shall be deemed
automatically amended without further action to incorporate by
reference all such amendments to the model- conflict of interest code so
as to remain in compliance therewith. Nothing in this Resolution shaII
supersede the independent applicability of Government Code Section
81200.
SECTTON 3: The following are the designated positions, the
hotders of which shall be required to fil-e statements of economic
interests: Oversight Board members. Statement of economic interests
shal-I be filed by the Oversight Board members with the Acting City
Clerk of the City of Vernon which acts as the Acting Secretary to the
Oversight Board.
SECTION 4z Pursuant to Health and Safety Code sectj-on
34179 (h), a1I actions taken by the Oversight Board may be reviewed by
the State of Californi-a Department of Einance, and, therefore, this
a
Resolution
a request
shalt not be effective for three (3) business days, pending
for review by the State of California Department of Einance.
Chairman / ffm:l
SECTION 5: The Acting Secretary of the Oversight Board,
shall certify to ,the passage, approval and adoption of this resolution,
and the Acting Secretary shall cause this resolution and the
Secretary's certification to be properly fiIed.
APPROVED AND ADOPTED this 4Eh day of October, 20L2.
Name:
TitIe:
W. !{ichael McCormick
Secretary
3
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, Dana Reed, acting on behalf of the Oversight Board as its
Acting Secretary, do hereby certify that the foregoing Resolution,
being Resolution No. OB-9, was duly passed, approved and adopted by the
Oversight Board of the Successor Agency to the Redevelopment Agency of
the City of Vernon at a regular meeting of the Oversight Board duly
held on Thursday, Oclober 4, 2072, and thereafter was duJ-y signed by
the Chairman or Vice Chairman of the Oversight. Board.
(SEAL)
-4-
Executed this 0L day of october
Secretary
, a California
LT
Recom mendation
Proposed positions and disclosure categories:
Oversight Board of the Successor Agency to the Redevelopment Agency
Positions Disclosure Catogories
Board Member 1,6
Chairperson 1,6
Vice Chairperson 1,6
Proposed Disclosure Categories
Green Vernon Commission
Successor Agency (SA)
Industrial Development Authority (IDA)
Vernon Housing Authority (VHA)
Vernon Historical Preservation Society (VHPS)
Individuals holding designated positions must report their interests according to the following
corresponding disclosure categories to which their position has been assigned. Such individuals
shall be required to disclose such interests to the extent that their economic interests may
foreseeably be affected materially by any decision made or participated in by the individual by
virtue of his or her position.
t. All Vernon Real Property. All interests in real property within the City of Vernon, within two
miles of the City, or within two miles of any City controlled property. Real property used
primarily as the official's personal residence (such as a home or personal vacation home) need
not be disclosed.
6. Board Members. All investments, business positions and sources of income (including loans,
gifts and travel payments) which are subject to the authority and/or subject matter jurisdiction
of the Board, Agency, Authority, Committee, or Commission on which the member serves.
Proposed Schedule: Code Language
CITY OF VERNON et. al.
CONFLICT OF TNTEREST CODE
The Political Reform Act of 1974, as amended (Government Code Sections 81000, et seq.),
requires state and local government agencies to adopt conflict of interest codes.
The Fair Political Practices Commission has adopted a regulation, 2 California Code of
Regulations Section 18730, which contains the terms of a standard conflict of interest code which
may be incorporated by reference and which may be amended by the Fair Political Practices
Commission after public notice and hearing to conform to amendments of the Political Reform
Act.
The terms of the standard conflict of interest code in 2 California Code of Regulations Section
18730 and any amendments thereto, along with Appendix A and Appendix B in which officials
and employees are designated and disclosure categories are established, are hereby incorporated
by reference and shall constitute the Conflict of Interest Code.
Members of the governing body shall not be financially interested in any contract made by the
governing body or in any contract they make in their capacity as members of their respective
goveming body as provided in Govemment Code Sections 1090, et seq. A member shall not be
considered to be financially interested in a contract if his or her interest is included within a
legally recognized exception.
2014Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person:
Oversight Board of the Successor Agency to the RDA
4305 Santa Fe Avenue, Vernon, CA 90058
Phone No:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help
ensure public trust in government. The biennial review examines current programs to ensure that
the agency's code includes disclosure by those agency officials who make or participate in making
governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one box):
[t An amendment is required, The following amendments are necessary:
(Mark a that apply.)
o lnclude new positions (including consultants) that must be designated
. Revise disclosure categories
. Revise the titles of existing positions
o Delete positions that no longer make or participate in making governmental decisions
o Other (descibe)
! The code is currently under review by the code reviewing body.
! No amendment is required. (lf your code is more than five years old, amendments may be necessary. )
Verification
This agency's conflict of interest code accurately designates all positions that make or pafticipate in the making of
governmental decisions. The disclosure categorles ass,b ned to those positions accurately require the disclosure of
all investments, bus,ness pos,tlons, interests in real propefty, and sources of income that may loreseeably be atfected
materia y by the decisions made by those holding designated posltbns. fhe code includes all other provisions
required by Government Code Section 8730?.
Hrunr[xPafHl]fl Exxd'S$HQm0et
comptete and l,C"liltiB8lt"88" |LiEPJiEJ.c& ho, ,"""ntry your code was approved or amended. ptease rerurn rhis
notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF IHE CODE REVIEWNG BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC
California Fair Political Practices Commission wlvwfppc ca.gov 866-275-3772 advice@fppc.ca.gov 6114
E-Mail:
SUCCESSORAGENCY
FORTHE VERNON REGEBVED
REDEVELOPMENT AGENCY AUG 2 7 ?014
CITY CLERI('S OFTICE
STAFF REPORT
DATE: August 25,2014
TO: Honorable Chairperson and Members of the Oversight Board to the Successor
Agency for the Vernon Redevelopment Agency
FROM: Alex Kung, Successor Agency Staff A+ At>z / t 1
RE: Recognized Obligation Payment Schedule for 2014-2015 Period B (January I,
2015 through June 30,2015)
Recommendation:
Successor Agency staff recommends the Oversight Board approve the attached resolution to
approve the attached forward-looking recognized obligation payment schedule ("ROPS").
Backsround:
Pursuant to Health & Safety Code sections 34177(m) and 34180(g), the Successor Agency must
submit its ROPS for the six months beginning January 1,2015 through June 30, 2015. This
action requires Oversight Board approval.
ROPS
The Successor Agency staff prepared the ROPS for this period and circulated the ROPS for the
September 4,2014 Oversight Board meeting.
Attachmentl) Resolution approving final ROPS with ROPS attached
RESOLUTION NO. OB-
A RESOLUTION OF THE OVERSIGHT BOARD OE THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OE VERNON ADOPTING, APPROVING, AND RATIFYING
THB RECOGN]ZED OBLIGATION PAYMENT SCHEDULE FOR THEpERroD JANUARY 7, 2015 THROUGH JUNE 30, 20!5, AND
APPROVING CERTAIN RELATED ACTIONS PURSUANT TO
CALTEORNTA HEALTH & SAEETY CODE SECTIONS 341,71 (t) ,34177(m) AND 34180(g)
WHEREAS, oo September 4, 2074, the Oversight Board of the
Successor Agency to the Redevel-opment Agency to the City of Vernon
("Oversiqht Board") considered the adoption, approval and ratification
of the Recognized Obligation Payment Schedule of the Successor Agency
to the former Vernon Redevel-opment Agency for the reporting period of
January 7, 20L5 through June 30, 201,5 (*ROPS'r.") also referred to as
14-15Busing the electronj-c-version of the recognized obligation
payment schedule provided to the Successor Agency by the Department of
Ej-nance ("Finance") ; and
WHEREAST ori September 4, 20L4, the Oversight Board approved
ROPS 7 with the express authorization to allow staff of the Successor
Agency to the former Vernon Redevel-opment Agency ("successor Agency")
to negotiate with the Los Angeles County Audltor-Control-l-er to assure
the prior period adjustments are accurately ref1ected and that there
is sufficient funding appropriately set aside to satisfy indebtedness
of the former Vernon Redevelopment Agency, including the Series 2OO5
and 2011 bonds; and
WHEREAS, in furtherance of the foregoing recitals, the
oversight Board desires to adopt, approve, and ratify the Rops l
attached hereto and instruct staff and special counsel to the
Successor Agency to negotiate with the Los Angeles County Auditor-
Control-l-er and Einance, ds and if appropriate, fol-lowing the September
4, 2074 meeting of the oversight Board, to assure the goars and
desires of the Oversight Board in this resolutj-on are carried out.
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OE THE CITY OE VERNON AS
FOLLOWS:
SECTION 1: The Oversight Board of the Successor Agency to
the Redeveropment Agency of the city of Vernon hereby finds and
determines that the above reci-tals are true and correct.
SECTION 2: The Oversight Board of the Successor Agency to
the Redevelopment Agency of the city of Vernon hereby adopts,
approves, and ratifies ROPS '7, in the form attached to this Resolution
as Exhibit A, pursuant to Cal-ifornia Health & Safety Code sections
34717 (l) , 34117 (m) , and 34180 (g) .
SECTION 3: Pursuant to Cal-ifornia Heal-th & Safety Code
section 3477 9 (h) , Flnance may review an oversight board action. An
actj-on of the oversight board shall become effectj-ve five business days
after notice in the manner specified by Einance is provided unless
Finance requests review. The Assistant Executive Dj-rector of the
successor Agency, Mr. Alex Kung, c/o Vernon city Hal-r, 4305 santa Ee
Avenue, Vernon, cA 90058 Telephone (323) 583-8811 Extensj-on 355
(akungGci.vernon.ca.us) is designated as the official for notice of
revj-ew by Finance. Except as otherwise provided in Cal-ifornia Health &
Safety Code section 3411 9 (h) , in the event Finance requests a review of
a given oversight board acti-on, Einance shall- have 40 days from the
date of this request to approve the oversj-ght board action or return it
to the oversight board for reconsideration; the oversight board shal-l
resubmit the modified action for Finance approval and the modified
2-
oversight board action shall not become effective until- approved by
Finance.
SECTION 4: The Secretary of the Oversight Board, shal_l_
certify to the passdge, approval and adoption of this resolution, and
the Secretary shal-l- cause this resorution and the Secretary, s
certification to be properly filed.
APPROVED AND ADOPTED this 4th day of September, 2014.
Name:
Title: Chairman / Vice Chairman
ATTEST:
Ana Barcia, Secretary
3-
STATE OF CALIFORNIA )
) ss
couNTY oF LOS ANGBLES )
r, Ana Barcia, actj-ng on behal-f of the oversight Board as its
secretary, do hereby certify that the foregoing Resolution, being
Resol-ution No. oB- , was duly passed, approved and adopted by the
Oversight Board of the Successor Agency to the Redevel-opment Agency of
the City of Vernon at a regular meeting of the Oversight Board duly
held on Thursday, September 4, 2014, and thereafter was duly signed by
the Chairman or Vice Chairman of the Oversight Board.
Executed this _ day of september, 2074, dt Vernon, california.
Ana Barcia, Secretary
( SEAL )
4-
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1
b
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a
l
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S
a
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c
t
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o
n
34
1
7
7
(
b
)
,
3
4
1
7
7
(
c
)
,
3
4
1
7
7
(
h
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,
34
1
7
7
(
l
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(
1
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(
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f
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r
A
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n
pr
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s
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27
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&
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9
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6
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Pr
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4
A
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/
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2
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6
/
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2
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N 40,384 40,384
2
9
N -
3
0
N -
3
1
N -
3
2
N -
3
3
N -
3
4
N -
3
5
N -
3
6
N -
3
7
N -
3
8
N -
3
9
N -
4
0
N -
4
1
N -
4
2
N -
4
3
N -
4
4
N -
4
5
N -
4
6
N -
4
7
N -
4
8
N -
4
9
N -
5
0
N -
5
1
N -
5
2
N -
5
3
N -
5
4
N -
5
5
N -
5
6
N -
5
7
N -
5
8
N -
5
9
N -
6
0
N -
6
1
N -
6
2
N -
6
3
N -
6
4
N -
6
5
N -
6
6
N -
6
7
N -
AB
C
D
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F
G
H
I
Other RPTTF
B
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d
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I
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12
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Gr
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Non-Admin and Admin
RO
P
S
1
3
-
1
4
B
A
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a
l
s
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0
1
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0
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4
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1
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1,896,962
4
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23
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0
5
1
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4
1
-
The amount $23,051,941 is held by Bank of New York, the trustee for former Vernon Redevelopment Agency bonds. The amount is broken up among 2005 and 2011 trustee bond
5
R
O
P
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3
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B
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No
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38,564 SA staff attempted to insert $23,051,941 in cell E1
6
E
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t
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=
(
1
+
2
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3
-
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)
,
H
=
(
1
+
2
-
3
-
4
-
5
)
-
-
(
2
3
,
0
5
1
,
9
4
1
)
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4
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2
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5
4
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1
2
0
RO
P
S
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5
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m
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t
e
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0
7
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0
1
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1
4
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1
2
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3
1
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4
)
7
B
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g
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n
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A
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,
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,
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,
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=
4
+
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12
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)
4,460,305
10
R
e
t
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n
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b
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(
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p
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d
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1
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1
5
A
This cash balance amount with Bank of New York
11
E
n
d
i
n
g
E
s
t
i
m
a
t
e
d
A
v
a
i
l
a
b
l
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C
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s
h
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l
a
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+
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9
-
1
0
)
-
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2
3
,
0
5
1
,
9
4
1
-
4
0
,
0
0
2
6
9
2
,
6
8
4
Re
c
o
g
n
i
z
e
d
O
b
l
i
g
a
t
i
o
n
P
a
y
m
e
n
t
S
c
h
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d
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l
e
(
R
O
P
S
1
4
-
1
5
B
)
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R
e
p
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r
t
o
f
C
a
s
h
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a
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a
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s
(R
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p
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t
A
m
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s
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n
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D
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Pu
r
s
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a
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t
to
He
a
l
t
h
an
d
Sa
f
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t
y
Co
d
e
se
c
t
i
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n
34
1
7
7
(l
)
,
Re
d
e
v
e
l
o
p
m
e
n
t
Pr
o
p
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y
Ta
x
Tr
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s
t
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d
(R
P
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T
F
)
ma
y
be
li
s
t
e
d
as
a so
u
r
c
e
of
pa
y
m
e
n
t
on
the ROPS, but only to the extent no other funding source is available
or
wh
e
n
pa
y
m
e
n
t
fr
o
m
pr
o
p
e
r
t
y
ta
x
re
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n
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s
is
re
q
u
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d
by
an
en
f
o
r
c
e
a
b
l
e
ob
l
i
g
a
t
i
o
n
.
Fo
r
ti
p
s
on
ho
w
to
co
m
p
l
e
t
e
th
e
Re
p
o
r
t
of
Ca
s
h
Ba
l
a
n
c
e
s
Form, see https://rad.dof.ca.gov/rad‐
sa
/
p
d
f
/
C
a
s
h
_
B
a
l
a
n
c
e
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A
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T
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S
h
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t
.
p
d
f
.
Fu
n
d
S
o
u
r
c
e
s
Comments
B
o
n
d
P
r
o
c
e
e
d
s
R
e
s
e
r
v
e
B
a
l
a
n
c
e
Ca
s
h
B
a
l
a
n
c
e
I
n
f
o
r
m
a
t
i
o
n
b
y
R
O
P
S
P
e
r
i
o
d
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
Net SA Non-Admin and Admin PPA (Amount Used to Offset ROPS 14-15B Requested RPTTF)
A
u
t
h
o
r
i
z
e
d
A
c
t
u
a
l
A
u
t
h
o
r
i
z
e
d
A
c
t
u
a
l
A
u
t
h
o
r
i
z
e
d
A
c
t
u
a
l
A
u
t
h
o
r
i
z
e
d
Av
a
i
l
a
b
l
e
RP
T
T
F
(R
O
P
S
1
3
-
1
4
B
dis
t
r
i
b
u
t
e
d
+
a
l
l
o
t
h
e
r
av
a
i
l
a
b
l
e
a
s
o
f
01
/
1
/
1
4
)
N
e
t
L
e
s
s
e
r
o
f
Au
t
h
o
r
i
z
e
d
/
Av
a
i
l
a
b
l
e
A
c
t
u
a
l
D
i
f
f
e
r
e
n
c
e
(I
f
K
i
s
l
e
s
s
t
h
a
n
L
,
th
e
d
i
f
f
e
r
e
n
c
e
i
s
ze
r
o
)
A
u
t
h
o
r
i
z
e
d
Available RPTTF (ROPS 13-14B distributed + all other available as of 01/1/14) Net Lesser of Authorized / Available Actual Difference (If total actual exceeds total authorized, the total difference is zero) Net Difference (M+R)
-
$
-
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