2015-02-05 Oversight Board Agenda PacketCalifornia 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.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 24
hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
Regular Meeting of the
Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Vernon
Thursday, February 5, 2015, 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.
/ / /
/ / /
Oversight Board of the Successor Agency to the Redevelopment Agency
Regular Meeting Agenda February 5, 2015
Page 2 of 2
MINUTES – TO BE RECEIVED AND FILED
2. Minutes of the Adjourned Regular Meeting of the Oversight Board of the Successor Agency to
the Redevelopment Agency of the City of Vernon held September 30, 2014.
ACTION ITEMS
3. 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, 2015 through December 31, 2015, and Approving Certain
Related Actions Pursuant to California Health & Safety Code Sections 34177(l), 34177(m) and
34180(g).
ORAL REPORTS
4. Bandini Grant Deed pursuant to the Long-Range Property Management Plan.
5. Brief reports on activities, other brief announcements, and directives to staff.
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 2nd day of February 2015.
By: ________________________________
Ana Barcia, Secretary
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
HELD TUESDAY, SEPTEMBER 30, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Jonathan S. Fuhrman, William J. Davis, Steven Reyes (partial),
David Vela, and Mary Gallagher
MEMBERS ABSENT: W. Michael McCormick and Marlene Dunn (not sworn in)
The meeting was called to order at 4:04 p.m. by Vice Chairperson Fuhrman, the meeting is
dedicated in remembrance of Honorable Michael A. Ybarra, 1952-2014; Member Davis led the
flag salute.
CHANGES TO THE AGENDA
Legal Counsel Gustavo Lamanna confirmed that there are no changes to the agenda.
PUBLIC COMMENT
Vice Chairperson Fuhrman 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.
INTRODUCTION ITEMS
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.
The introduction item was deferred as newly appointed Board Member Marlene Dunn was not in
attendance.
MINUTES – TO BE RECEIVED AN 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.
It was moved by Vela and seconded by Davis to approve the minutes of the February 6th and
March 6th meetings. Motion carried, 4-0, Member Reyes had not yet entered the meeting.
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
Oversight Board Adjourned Regular Meeting Minutes
September 30, 2014
Page 2 of 3
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.
Deputy City Clerk Ana Barcia reported on the recommendation. Barcia confirmed for Vice
Chairperson Fuhrman the disclosure requirements.
It was moved by Fuhrman and seconded by Vela to approve the recommended revisions to the
Conflict of Interest Code and incorporate said revisions into a Master City of Vernon Code.
Motion carried, 4-0. Member Reyes had not yet entered the meeting.
5. Resolution No. OB-36 – 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).
Legal Counsel Gustavo Lamanna provided the oral report on the proposed approval. Lamanna
clarified, that as part of the recommendation staff is seeking authority to modify and make minor
non-substantive adjustments to the Recognized Obligation Payment Schedule (“ROPS”) if
necessary.
Successor Agency Staff Alex Kung further reported on the ROPS.
It was moved by Gallagher and seconded by Davis to approve Resolution No. OB-36 with the
authority to staff to make appropriate changes as necessary. Motion carried, 4-0. Member Reyes
had not yet entered the meeting.
ORAL REPORTS
Agendized items were addressed out of order.
7. Announcement on the transition of summary Minutes to “action” Minutes effective July
1, 2014.
Member Reyes entered the meeting.
Deputy City Clerk Ana Barcia announced the new minute format.
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.
Legal Counsel Gustavo Lamanna reported on the sale and disposition of the Angelus Can
property, the receipt of funds and on the County’s refunding program.
In response to Vice Chairperson Fuhrman, Lamanna reported on the bonds. Finance Director
William Fox further reported on the interest rates and maturity dates.
Lamanna noted the disposition of the Austin Trucking property pursuant to the long-range
property management plan. The Board had previously requested an appraisal of the property
before moving forward; however, the Department of Finance did not approve the expenditure
and therefore the appraisal was not conducted.
In response to Member Vela, Lamanna explained that the disposition of the property to the City
of Vernon would be limited to governmental use.
Oversight Board Adjourned Regular Meeting Minutes
September 30, 2014
Page 3 of 3
In further response to Member Vela, Successor Agency Staff Alex Kung explained the need to
retain a Vernon Fire Station at said location.
Vice Chairperson Fuhrman expressed his concerns regarding the property’s value.
Both Vice Chairperson Fuhrman and Member Vela had concerns on the use of the property and
sought assurance that the City of Vernon will not sell the property, and that it will remain for
governmental use.
Lamanna advised that staff will provide the grant deed at the next meeting which addresses the
Boards concerns.
ORAL REPORTS (continued)
8. Brief reports on activities, other brief announcements, and directives to staff.
Legal Counsel Gustavo Lamanna advised that the November meeting is to be cancelled. The
next meeting will be held on December 4, 2014. Board members confirmed their availability.
Vice Chairperson Fuhrman inquired on the status of the $13 million transfer to the City of
Vernon. In response, Lamanna reported on the previous communications.
With no further business, at 4:36 p.m., Chairperson McCormick adjourned the meeting.
________________________
W. Michael McCormick
Chairperson
ATTEST:
_________________________
Ana Barcia
Secretary
SUCCESSORAGENCY
FORTHE VERI\ON
February 5, 2015
Honorable Chairperson and Members of the Oversight Board to the Successor
Agency for the Vernon Redevelopment Agency
Alex Kung, Successor Agency Staff Bil*
Recognized Obligation Payment Schedule for 2015-2016 Period A (Juty l, 2015
through December 31, 2015)
REGEIVED
FEB 0 2 2015
ATION
DATE:
TO:
FROM:
RE:
Recommendation:
Successor Agency staff recommends the Oversight Board approve the attached resolution to
approve the attached forward-looking recognized obligation payment schedule ("ROPS") in
substantially in the form as presented.
Background:
Pursuant to Health & Safety Code sections 34177(m) and 34180(9), the Successor Agency must
submit its ROPS for the six months beginning July 1,2015 through December 31, 2015 by
March 3,2015. This action requires Oversight Board approval.
ROPS
The Successor Agency staff prepared the ROPS for this period and circulated the ROPS for the
February 5, 2015 Oversight Board meeting.
Attachment
l) Resolution approving 2015-2016 Period A ROPS schedule.
REDEVELOPMENT AGENCY
STAFF REPORT
RESOI-,UTION NO.
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON ADOPTING. APPROVING, AND RATfFYfNG
THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD JULY 1, 2015 THROUGH DECEMBER 31, 2015, AND
APPROVING CERTAIN RELATED ACTIONS PI]RSUANT TO
CAIIFORNIA HEALTH & SAFETY CODE SECTIONS 34177 (1) ,
34177 (m) AND 34180 (S)
WHEREAS, on February 5, 2015, the Oversight Board of the
Successor Agency tso the Redevelopment. Agency Eo the Citsy of Vernon
("Oversight Board") considered the adoption, approval and ratification
of the Recognized Obligation Palment Schedule of the Successor Agency
to the former Vernon Redevelopment. Agency for the reporting period of
Jufy l-, 2015 t.hrough Decemlcer 3L, 201-5 ("ROPS") also referred to as
15-15A using the electronic -version of the recognized obligation
palment schedule provided to the Successor Agency by the Department of
Finance ("Finance") ; and
WHEREAS, on February 5, 2Ot5, Che Oversight Board approved
Ehe ROPS wiEh the express authorization to a11ow staff of the
Successor Agency to the former Vernon Redevelopment Agency (,'Successor
Agency" ) to negoEiate with the Los Angeles County Auditor-Control-Ier
to assure t,he prior period adjustment,s are accuratel-y ref l-ected and
that there is sufficient funding appropriately set aside to saEisfy
indebtedness of Ehe former Vernon Redevelopment Agency, including the
Series 2005 and 201-l- bonds; and
WHEREAS, in furtherance of the foregoing recitals, the
Oversight Board desires to adopt, approve, and rat.ify the ROPS
attached hereto and instructs staff and special counsel- tso the
Successor Agency to negotiate with lhe I-,os Angeles County Audit.or-
Controll-er and Finance, as and if appropriate, foll-owing Ehe
February 5, 20]-5, meet.ing of t.he Oversight Board, tso assure the goals
and desires of the Oversight Board in this resolut.ion are carried out..
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS
FOLLOWS:
SECTfON 1: The Oversight Board of the Successor Agency to
the Redevelopment. Agency of Ehe CiEy of Vernon hereby finds and
determines thats the above recitals are tsrue and correct.
SECTIoN 2: The oversight Board of the Successor Agency to
the Redevelopments Agency of Ehe City of Vernon hereby adopEs,
approves, and ratifles the RoPS, in tshe form atEached to this
Resolution as Exhibit A, pursuant to California HealEh & Safety Code
secEions 34L77 (l\ , 34L'77 (m) , and 34180 (9) .
SECTION 3: Pursuant to California Health & Safety Code
section 34L79(h), Finance may review an Oversight Board action. An
action of tshe Oversight Board sha11 become effective five business days
after notsice in t.he manner specified by Finance is provided unless
Finance requests review. The AssisEant Executsive Director of che
Successor Agency, Mr. Alex Kung, c/o Vernon City HaI1, 4305 Santa Fe
Avenue, Vernon. CA 90058 Telephone (323) 583-881-1 Extension 355
(akung@ci.vernon.ca.us) is designat.ed as lhe official for notice of
review by Finance. Except. as otherwise provided in California Heal-th &
Safetsy Code section 34179 (h) , in the event Finance requests a review of
a given oversight board action, Finance shall have 40 days from the
date of this reguesc to approve the Oversight Board action or return it
Eo lhe Oversight Board for recons iderat ion; the OversighE Board shall
resubmit the modified action for Finance approval and lhe modified
2
Oversight Board action shaI1 not become effective until approved by
Finance.
SECTION 4: The Secretary of the Oversight Board, sha11
certify to the passage, approval and adoption of this resolution, and
the Secretary sha11 cause this resolution and the Secretary, s
certification to be properly fi1ed.
APPROVED AI\TD ADOPTED this 5th day of February , 201-5.
Name:
Title: Chairman / Vice Chairman
ATTEST:
Ana Barcia, Secretary
-3
STATE OF CALI FORNIA
COUNTY OF LOS ANGELES
f, Arta Barcia, acting on behalf of the Oversight Board as it,s
Secretary, do hereby cerEify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
Oversight Board of the Successor Agency to the Redevelopment Agency of
Ehe City of Vernon aE a adjourned regular meeting of Ehe Oversight
Board duly held on Thursday, February 5, 201-5, and thereafter was duly
signed by tshe Chairman or Vice Chairman of the OversighE Board.
Executed this day of February, 20L5, al Vernon, California.
Ana Barcia, Secretary
(SEAL)
4
EXHIBIT A
Rocognlzod Obligatlon Paymont 6ch€dule (ROPS .15.16A) - ROpS D€tall
July 1, 2015 through Decombsr 31, 2Ot5
D E F G H
Con[acUAgreement ConlracuAgreemenl Tolal Oulslandrng
[*mr;--_l--;l
,roperty
glshtenencB
).1112012 il30t2018 -A Counly46
)tli@
rroperlyTax on properlles owned by
tDA qNX - Accl f276 03
5,40(2,701 2 70(
,onds lSSUed On or
)elorc 12J31110
il2112005 hnk of New York-Trustee jene6 2005 Piinclpal end/or lnle16st 99 40.255,00(N ,520,27i 2,520,272
londs issued Aller
2t31t10
)1112030 lank o[ New York-Trusl€e ieaaes 201 1 Principal 6nd/or lnleresl
\NX-Accl 8276
15,700,00(1,759,05(1,75S 05(
- Accl f276 03
ieserves 11 t2014 lenh ol New Yr ieries 2005 Prirclpol snd/or lntorest
)n Sonds (mainlalning & s€lllng esM6
,ond resNe6 p6r ll&S Code Sec
14177(b)&34180(cl)
\NX - Acct ,276 03 $
- A@t 127603
|1t2014 i/302014 ieries 2011 Principal end/or lnleEst
,n Bonds (malnlaining E Beltlng E6lde
DM cserues per H&S Code Sec
|417zbl & 34lm{ cl)
\NX - A@t il276 03
-egal il112012 (ane, B6llmer, & B6rkmsn L€gel RepGsenlallon lor S@essor \ccl il276 02 & 99.
\NX - A@t f276 03
)13012014 lltyol V(10% & 20% ol Cily Slafl llho and
iupplies to wind dom RDA \NX-Accl 127603_ees 11120't4 lond Loglstlx y lnveslmenl SaNlc€ Fs6 26 00(N 7,068 $706
-Accl 127603
mEiRFf,;f
IPTTF Shortlall 11t2014 i|3012014
\gency Succ6ssor Agency rnd LA Counly A-C .emiltEnce Ms
\cct #276 02 & 99,
\NX - Accl #276 03
)roperly
,lalhlenance
v6t2002 it30t2014 [en6nl PeyDr Auslln
frekino
lenlel ln@mo
\NX -
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- A@l *276 03
,t112014
\g€rcy S@ssor Ag€rcy
lpprcwd ROPS 3requirod l4,l'18,46:
md LA CounlyArc rcmllbE @s
ihorl 3r.659 7S3
N $
/€mon Redevelopmenl
\o€ncv SueBsor Aoen.v N $
-Accl f27603
leserves 1212312013 ve.non Redevolopmehl
Agenoy Succesgor Agency
lE zb Eono Kesarve Esctow re: Serles
1005 6nd 2011 bonds per HoElth &
;afety Cods sectlon 34177(b),
t4177lcl, 34177(h), 3417 7( lX 1 X F) lor
\ngelus Csn proo€eds
$
-Aocl #27603
il1t2013 -os Ang€l€s CounlyTar
:olloclor
)utslandhg Prcpedy tax blll lor perlod
'/1/196/30/14 lor 4900 Pacific Alvd.
20,19:N 20 19:20 19:
M
\NX. A@t. #276.03
nduslrial RP - Acct. f276.02 & 99
\NX - Acct #276,03
lnduslrial RP - Acct. #276.02 & gg
rNX - Acct. #275 03
N D
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$
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----
I I I
!
Recognized obligation Payment Schedule (Rops 15-16A) - Summary
Filed for the Juty i,2O1S through December 31 ,2015 period
Name of Successor Agency:
Name of County:
Vernon
Current Period Debt or
Enforceable Obligations Funded with Non-Redevelopment Property Tax Trust Fund (RPTTF) Funding
Sources (B+C+D):
B Bond Proceeds Funding (ROpS Detait)
C Reserve Balance Funding (ROPS Detail)
D Other Funding (ROPS Detait)
E Enforceable Obligations Funded with RpTTF Funding (F+C):
F Non-Administrative Costs (ROPS Detail)
G Administrative Costs (ROPS Detail)
H Current Period Enforceable Obligations (A+E):
Six-Month Total
9-
$ 4,312,505
4,312,505
$ 4,312,505
County Auditor Controller Reported Prior Period Adjustment to Current Period RPTTF Requested Funding
Successor Prior Period to Current Period RPTTF
I Enforceable Obligations funded with RpTTF (E):
J Less Prior Period Adjustment (Report of prior period Adjustments column s)
K Adjusted Current Period RPTTF Requested Funding (l-J)
L Enforceable Obligations funded with RpTTF (E):
M Less Prior Period Adjustment (Report of Prior Per:iod Adjustments Column AA)
N Adjusted Current Period RPTTF Requested Funding (L-M)
Certification of Oversight Board Chairman:
Pursuant to Section 3a177 (m) of the Health and Safety code, I
hereby certify that the above is a true and accurate Recognized
Obligation Payment Schedule for the above named agency.
4,312,505_
$ 4,312,505
4,312,505_
4,312,505
Name Title
lsl
Signature Date
Recognized obligation Payment schedule (Rops 15-16A) - Report of cash Balances
Amounts in Whole Dollars)
Prior ROPS
RPTTF
distributed as
reserve for future
Available Cash Balance (Actuat 07/01/.t4)
Revenue/lncome (Actual 1?lg1l 1 1l
RPTTF amounts should tie to the Rops 14_15A distribution from the
County Auditor€ontroller during June 2014
for ROPS 14-15A Enforceabte Obtigations (Actuat
121311141
RPTTF amounts, H3 plus H4 should equal total reported actual
in the Report of PPA, Columns L and e
of Ayailable Cash Balance lAf/.uat 12t311141
amount retained should only include the amounts distributed as
for future period(s)
lrl-'l5A RPTTF Prior Period Adjustment
amount should tie to the self-reported ROPS 14-15A ppA in the
of PPA, Column S
Ending Actual Available Cash Balance
to G = (1 + 2 - 3 - 4), 11 = 11 + Z -3 -4- 5)
Available Cash Balance (Actuat O,l/01/iS)
(C, D, E, G=4+ 6, F= H4+ F4+ F6, and H = 5+ 6)
Revenue/lncome (Estimate 0d30/1 S)
RPTTF amounts should tie to the ROPS 14-1SB distribution from the
Expenditures for ROPS 14-l58 EnforceaUta OUligations lestirn,ate
Retention of Available Cash
RPTTF amount retained shoul
Estimated Available Cash Batance (Z + E - 9 -lO)
Rocognlz€d Obllgatlon Psymonl Schodule (ROPS l5-l0A). Roport ot Pdor Period Adrustmenls
Repoded for lhe ROPS 14-15A (July 1, 201 4 through D€cember 3'1, 201 4) P€riod Pu6uant to Heatth and Safety code (HSc) section 341g6 (a)
ti4$.@r&.rq(!at!.n tFdptuFrioddtuF4:tuunbBc!.dhnsreO,.sr.Dqd .nFihd|n,@d.,hrturMrr!.irnrErdhr.dd.$.@r*hRoE1+1uU,,hidroGnh.zo ,pd. tutu.,
Net SA NoFAdmln
.nd Admln PPA
(Ahounl Uaed to
B E F GIHco
Avcl16ble
RPTTF
Nel L9alar o,
Authorl4d,
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RPIIF
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\ccl 1276 03
lndusulal RP -Acc
1276 02 & 99 ANX
\@t d276 03
lndusrial RP - Acc
127602&SANX
\cct f276 03
lnduskiel RP - A@
1276 02 & 99 ANX
276 02 & 99 ANX
,ccl ,276.03
ndustrisl RP - Acc
276 02 A 09 ANX
cct #276 03
nduslilsl RP -Acc
276 02 & 99 ANX
42,471
1
1
1
1
OFFICIAL BUSINESS
Document entitled to free recording
Gov. Code sections 6103, 27383
RECORDING REQUESTED BY:
The Successor Agency to the
Former Vernon Redevelopment Agency
WHEN RECORDED MAIL TO:
City of Vernon
City Administration Offi ces
Attention: Mr. Alex Kung
Economic Development Manager
4305 Santa Fe Avenue
Vernon, CA 90058
Assessor Parcel No: 6304-030-906
(Space Above For Recorder's Use)
GOVERNMENTAL.USE RESTRICTED GRANT DEED
[Former Vernon Redevelopment Agency real property disposition
to City of Vemon for governmental-use for Fire Station No. 4, Department of Transportation
expansion of California InterstateTT0, any combination of both, or pursuant to any
governmental-use authorized under that certain Long-Range Property Management Plan
transmitted and approved by the California Department of Finance per AB X1 26, as amended by
AB 1484, including but not limited to California Health & Safety Code section 34191.5(b);
government-use restriction contained herein sunsets seven (7) years from date of recordation of
this Govemmental-Use Restricted Grant Deed and the restriction is removed from the property at
that time if the government-use of Fire Station No. 4, Department of Transportation expansion of
Interstate 710, or any combination of both do not impact the property described herein]
(4528 Bandini Boulevard, Vernon, CA 90058)
State of California )
County of Los Angeles )
THIS GOVERNMENTAL-USE RESTRICTED GRANT DEED is made this 30th day of
September, 2014 by the SUCCESSOR AGENCY FOR THE FORMER VERNON
REDEVELOPMENT AGENCY, a public body designated under California Health & Safety
Code sections34173 acting on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF
VERNON, a dissolved public body, corporate and politic ("Grantor"), to the CITY OF
VERNON (the "Grantee").
4528 Bandini
-l-[Govemmenlal-Use Restricted Grant Deed l0l0l4]
WHEREAS, Grantor holds legal title to an undivided interest in that certain real property
located in the City of Vernon, County of Los Angeles, State of California, more particularly
described as follows:
Those portions of Lots 9l and 1 l0 of Tract 1, in the Rancho Laguna, so called as shown on map
designated at Exhibit "A", Case No. 8-25296 of the Superior Courts, said map being filed as
Clerk's Filed Map 880, in the County Clerk of said County, more particularly described as
follows:
Beginning at a point in the Easterly prolongation of the center line of Bandini Boulevard, as
described in deed to said County of Los Angeles, recorded in Book 3860 Page 214, Ofhcial
Records, in the office of the county recorder of said county, distant along said Easterly
prolongation North 67" 57' 49" West, 53.32 feet from the intersection of said Easterly
prolongation with the center line of Atlantic Boulevard, formerly Pasadena Avenue, as described
in deed to said County of Los Angeles, recorded in Book 864 Page 317 of said Official Records;
thence along said Easterly prolongation and said center line of Bandini Boulevard, North 67o 57'
49" West, 846.68 feet; thence at right angles, South 22" 02' 1 1" West, a distance of 132.00 feet;
thence South 2o Ol' 43" West, a distance of 72.37 feet to a point on a line parallel with and
distant 200.00 feet Southerly, measured at right angles, from said center line of Bandini
Boulevard, said point being the true point of beginning of this description; thence along said
parallel line, North 67" 57'49" West, a distance of 99.76 feet; thence North 22" 02' 11" East, a
distance of 150.00 feet to a line parallel with and distant 50.00 feet Southerly, measured at right
angles, from said center line of Bandini Boulevard; thence along said last mentioned parallel
line, North 67" 57'49" West, a distance of 100.00 feet; thence South 22" 02' 11" West, at right
angles and parallel with the course above-described as having a length of 132.00 feet, a distance
of 275.00 feet to a line parallel with and distant 325.00 feet Southerly, measured at right angles,
from said center line of Bandini Boulevard; thence along said last mentioned parallel line, South
67" 57' 49" East, a distance of 245.28 feet to the intersection thereof with the Southerly
prolongation of that certain course hereinabove described as having a length of 72.37 feet; thence
along said Southerly prolongation, North 2o 07' 43" East, a distance of 133.03 feet to said true
point of beginning.
EXCEPT therefrom all oil, gas, naphtha and other hydrocarbon substances in, under or that may
be produced from said land, as excepted in deed to the State of Califomia, recorded
July 19, 1951, in Book 36797 Page 164 of said Official Records.
APN: 6304-030-906
WHEREAS, Grantor desires to convey to Grantee in fee simple all of its right, title and
interest in and to the aforesaid parcels of real property (the "Real Property") subject to the
conditions, limitations, and requirements of this instrument, the redevelopment dissolution
statutes, AB Xl 26, as amended by AB 1484 ("Dissolution Statutes"), and that certain long-
range property management plan submitted to and approved by the Department of Finance under
the Dissolution Statutes (the "Plan").
4528 Bandini
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WHEREAS, the Real Property was acquired pursuant to that certain Corporation Grant
Deed dated January 7, l99l and recorded in the Official Records of the Los Angeles County
Recorder on February 20,1991as Instrument No. 9l-241951.
WHEREAS, the Grantor is charged with implementing the Dissolution Statutes and Plan
under the direction of the Oversight Board to the Successor Agency of the Former Vernon
Redevelopment Agency ("Oversight Board"); in connection thereto, the Grantor has proposed
the Real Property be retained for governmental-use under the terms of the Dissolution Statutes
and Plan.
WHEREAS, the Grantor is currently leasing the Real Property to a third party and using
net proceeds, if any, to service the Real Property for the continued use as undeveloped land
subject to future disposition. The service of the Real Property includes, but is not limited to,
obligations under the lease, insurance, and related landlord costs and expenses. The lease with
the third party, Austin Trucking, Inc., is contained within Exhibit B of the Plan, and incorporated
herein by this reference (the "Interim Lease"). The Plan and Interim Lease are public records on
file with the Office of the Secretary of the Grantor and the California Department of Finance.
WHEREAS, the Grantor and the Oversight Board are subject to the Dissolution Statutes
and shortly after satisfaction of the Plan, the Grantor and Oversight Board are to be dissolved in
the regular course upon satisfaction of the Dissolution Statutes.
WHEREAS, the Real Property was acquired for a public use of a fire station expansion
but the expansion did not move forward because, among other things, the higher public use by
the State of California for the expansion of the abutting Interstate 710 intervened and created a
cloud of uncertainty as to the future disposition of the Real Property. Therefore, the use of the
Real Property as leased unimproved land continued and the obligations to service and maintain
the Real Property are currently undertaken by the Grantor with the consent of the Oversight
Board.
WHEREAS, at the time of making this Governmental-Use Restricted Grant Deed, it is
presently unknown to the Grantor and its Oversight Board the extent to which two governmental
entities will be using the Real Property for governmental-use. Grantor, its Oversight Board, and
the Grantee do agree that at the time of making this Governmental-Use Restricted Grant Deed
the obligations of the Interim Lease, or such other interim lease on similar or better terms, are
expected to continue on the Real Property until the Real Property is to be devoted to
govemmental-use and net proceeds, if any, are to be devoted to the maintenance of the Real
Property and obligations under the enforceable obligation under the Interim Lease, or such other
obligations imposed by an interim use on similar or more favorable terms.
WHEREAS, the governmental-use restriction is to restrict the Real Property for a period
of seven (7) years from the date of the recordation of this Governmental-Use Restricted Grant
Deed with the Office of the Los Angeles County Recorder ("Official Records"). The restriction
limits the use of the Real Property to the Interim Lease, or such other interim lease on similar or
better terms for unimproved land, and to such governmental-use established by the following two
government entities or such combination of governmental-uses on the Real Property established
4528 Bandini
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by the following two governmental entities. The first governmental entity is the Grantee, which
currently operates its Fire Station No. 4 in land abutting the Real Property. The second
governmental entity is the State of California, operating through its Department of
Transportation ("Caltrans") in connection with the proposed expansion of California Interstate
710-the interstate abutting the Real Property. Caltrans has identified the Grantor's Fire Station
No. 4 as property to be condemned for the aforesaid Caltrans project. An environmental impact
report prepared by Caltrans sets out further details of the Interstate 710 expansion and excerpts
are contained in Exhibit B of the Plan. In connection with the pending Caltrans condemnation,
Grantee is likely to move forward with continued operation of Fire Station No. 4, however, at
this time, it is unknown the extent and feasibility for the Grantee's govemmental-use for a fire
station on the Real Property. This uncertainty is caused by, among other things, the extent of
land from the Real Property to be actually condemned by Caltrans for aforesaid project. Lastly,
in connection with its duties under the Dissolution Statutes, the Grantor proposed altemate
govemment uses, including redevelopment, if the governmental-use in connection with Fire
Station No. 4, or similar fire station on the Real Property, or the Caltrans project, or any
combination of both, do not move forward within seven (7) years from the date of recordation of
this Govemmental-Use Restricted Grant Deed in the Official Records. At the time of making
this grant deed, alternate uses seems highly unlikely but are nonetheless included and
contemplated herein as a reservation in favor of the Grantee in the event the aforesaid
governmental-uses by the Grantee or Caltrans do not commence within seven (7) years of the
recordation date of this Governmental-Use Restricted Grant Deed in the Official Records. If
upon the passage of seven (7) years following the date of recordation of this Governmental-Use
Restricted Grant Deed, Caltrans does not condemn Fire Station No. 4 which is adjacent to the
Real Property, Grantee may record a notice of removal of governmental-use restrictions on the
Real Property thereby removing all restrictions contained in this grant deed, thereby removing all
restrictions herein forever. Notwithstanding the foregoing, the Grantee agrees it accepts all
liabilities in connection with the Interim Lease, and may negotiate similar or better terms for the
interim occupancy of the Real Property for a period of not less than seven (7) years from the date
of recordation of this Governmental-Use Restricted Grant Deed in the Official Records. During
this seven (7) year period the Grantor and its Oversight Board intend to implement the
Dissolution Statutes and Plan and consider Grantee's covenant herein as part of the Plan. As part
of the Dissolution Statutes and Plan, Grantor is obligated to continue to honor the Interim Lease
as an enforceable obligation concerning the Real Property until such other uses are authorized;
therefore, upon acceptance of this Governmental-Use Restricted Grant Deed, Grantee would be
accepting the Real Property with the necessity to continue to honor the existing enforceable
obligation concerning the Interim Lease, and may enter into such other interim lease on similar
or better terms on the Real Property until such uses by the Grantee and/or Caltrans arise within
the seven (7) year period following the date of recordation of this Governmental-Use Restricted
Grant Deed in the Offrcial Records. The governmental-uses in this paragraph, including the
Interim Lease, or such similar or better interim lease, are hereinafter collectively referred to as
the "Governmental Use."
WHEREAS, in order to implement the Dissolution Statutes and Plan given the
uncertainties as to which entity will engage in the Govemmental Use, the Grantor proposes to
convey the Real Property to the Grantee with the restrictions herein, including the limited use of
the Real Property for the Govemmental Use. In connection therewith, the Grantee proposes to
4528 Bandini
-4-[Govemmental-Use Restricted Granl Deed I 0 I 0l 4]
accept the Real Property from the Grantor subject to the restriction and limitation on use of the
Real Property for the Governmental Use so long as Grantee may assume all rights, obligations,
and interests of the Grantor. The Oversight Board, in implementing the Dissolution Statutes and
Plan, further instructs the Grantor to give this grant deed to Grantee so long as Grantee agrees to
accept the terms of this grant deed from the Grantor along with the covenants, conditions and
restrictions along with equitable servitudes running with the land imposed upon the Real
Property by the Governmental Use as conveyed by this grant deed'
WHEREAS, at the September 30,2014 public meeting of the Oversight Board, directions
were made to the staff of the Grantor to move forward with the disposition of the Real Property
pursuant to this grant deed, the Dissolution Statutes and Plan. In response to this request, the
brantor has commenced circulation of this grant deed for recordation in conformance with the
Plan.
NOW THEREFORE, for the Grantee's acceptance of the obligations herein as
consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, the
Grantor does hereby grant, bargain, sell and convey unto the Grantee in fee simple the Real
Property with all and singular the ways, easements, rights, privileges and appurtenance thereto or
in any way appertaining, all improvements thereon and all the estate, right, title, interest and
claim, either at law or in equity, of the Grantor as to Grantor's entire undivided interest in the
said Real Property subject to the Governmental Use. Grantor and Grantee agree and confirm the
restrictions and limitations of the Governmental Use burden, restrict, and limit the use of the
Real Property for a period of seven (7) years following the recordation date of this
Governmental-Use Restricted Grant Deed in the Official Records; furthermore, the burdens,
restrictions, and limitations may be removed by the Grantee at anytime following the passage of
seven (7) years following the recordation date of this Govemmental-Use Restricted Grant Deed
by recordation of a notice of passage of restriction period, or like release of construction
covenants concerning the Governmental Use, in the Official Records whereby the burdens,
restrictions, and limitations of the Governmental Use are removed forever from the Real
Property and no longer burden, restrict, or limit the Real Property.
[THE REMAINDER OF THIS PAGE IS BLANK]
4528 Bandini
-5-[Govemmental-Use Restricted Grant Deed I 0l 0 l4]
IN WITNESS WHEREOF, Grantor has caused this grant deed to be executed by its
representative thereunto duly authorized by the Oversight Board as of the day and year first
above written. Grantee executed this grant deed and confirms acceptance of the terms
hereinabove by signing this grant deed in the space provided hereinbelow.
..GRANTOR"
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON, a dissolved public entity
under AB Xl 26, as amended by AB 1484
By: SUCCESSOR AGENCY TO THE
FORMER VERNON REDEVELOPMENT
AGENCY, a public entity designated under
Health & Safety Code section34173
By:
W. Michael McCormick
Chairperson
APPROVED AS TO FORM AND
LEGALITY:
By:
Ana Barcia, Secretary
4528 Bandini
-6-
KANE, BALLMER & BERKMAN
Special Counsel to Grantor
IGovemmental-Use Restricted Grant Deed I 0 I 01 4]
The authorized representative of the Grantee executes this grant deed and the obligations imposed
upon Grantee as of the date shown above.
..GRANTEE"
CITY OF VERNON
By:
W. Michael McCormick, Mayor
APPROVED AS TO FORM AND
LEGALITY:
HEMA PATEL
City Attorney
By:
APPROVED AS TO FORM AND
LEGALITY:
Ana Barcia, City Clerk
4528 Bandini
-7-
AT'
By:
KANE, BALLMER & BERKMAN
Special Counsel to Grantee
[Govemmental-Use Restricted Granl Deed l0l0l4]
Grantee Acceptance
The terms in this grant deed and the acceptance of the interest in Real Property conveyed
by this grant dated from the Grantor are hereby accepted by the Grantee.
..GRANTEE"
CITY OF VERNON
W. Michael McCormick
Mayor
4528 Bandini
-8- [Govemmental-Use Restricted Grant Deed l0l0l4]
Acknowledgement
State of California
County of Los Angeles
On before me,, a Notary
Public, personally appeared W. MICHAEL McCORMICK, who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
State of California
County of Los Angeles
On before me,, a Notary
Public, personally appeared who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he/she executed the same in hislher authorized capacity,
and that by hislher signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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Signature (Seal)