2017-12-05 VHPS Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the Board of Directors 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 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 48
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
City of Vernon
Regular Vernon Historic Preservation Society Meeting
Tuesday, December 5, 2017, 9:00 a.m.,
or as soon thereafter as the City Council
adjourns its meeting
Council Chamber
4305 Santa Fe Avenue
Vernon, California
Melissa Ybarra, President Yvette Woodruff-Perez, Vice President William J. Davis, Director
Luz Martinez, Director
Leticia Lopez, Director
CALL TO ORDER
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the Board of Directors on any matter
that is within the subject matter jurisdiction of the Vernon Historic Preservation Society.
MINUTES – To be received and filed
1. Minutes of the Regular Vernon Historic Preservation Society Meeting held December 6, 2016
NEW BUSINESS
2. Agreement to Terminate the Historic Building Preservation Agreement / / /
Vernon Historic Preservation Society Authority Agenda
December 5, 2017
Page 2 of 2
Recommendation A. Find that Terminating the Historic Building Preservation Agreement does not constitute a
“project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental
Quality Act (“CEQA”), because it constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the execution of the proposed
agreement 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
B. Approve an Agreement to Terminate the Historic Building Preservation Agreement dated January
1, 2003.
3. Dissolution of the Vernon Historic Preservation Society
Recommendation A. Find that the dissolution of the Vernon Historic Preservation Society does not constitute a “project”
pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act
(“CEQA”), because it constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution 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
B. Dissolve the Vernon Historic Preservation Society; and
C. Direct staff to prepare a Certificate of Dissolution and proceed with the necessary steps to conclude
any business of the Vernon Historic Preservation Society.
ORAL REPORTS
4. Brief reports on activities and other brief announcements and/or 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 5th day of December 2017.
By: ________________________________
Maria E. Ayala
Secretary
MINUTES OF THE REGULAR VERNON HISTORIC
PRESERVATION SOCIETY MEETING OF THE CITY OF VERNON
HELD TUESDAY, DECEMBER 6, 2016, IN COUNCIL CHAMBER OF
CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 10:35 a.m. by President Davis.
CHANGES TO THE AGENDA
Secretary Maria Ayala announced that there were no changes to the agenda.
PUBLIC COMMENT
President Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given
an opportunity to comment on matters on the posted agenda during Council deliberation.
No public comment provided. MINUTES
1. Minutes of the Regular Vernon Historic Preservation Society Meeting held
December 6, 2016
It was moved by Ybarra and seconded by Woodruff-Perez to approve all the minutes of the Regular
Vernon Historic Preservation Society Meeting held December 6, 2016. Motion carried, 5-0.
Davis: Yes Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
NEW BUSINESS
2. California Historical Landmark No. 167 – La Mesa Battlefield Site
Recommendation
Regular Vernon Historic Preservation Society Meeting Minutes
December 6, 2016
Page 2 of 3
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15031, because the
installation of a small concrete pedestal and memorial plaque involves minor
exterior construction with negligible or no expansion of use and
B. Receive and file a presentation on the Battle of La Mesa during the Mexican-American War to be provided by the Native Sons of the Golden West; and
C. Recommend and request that City Council approve the manufacture and installation
of a memorial plaque, to be located in the City Hall courtyard, 4305 S. Santa Fe Avenue Vernon CA, 90058.
Deputy City Clerk Matthew Ceballos reported on the proposed.
Joe Castillo, Representative of the Native Sons of the Golden West, provided a PowerPoint Presentation.
A dialogue ensued between staff and the Society Directors about language on the plaque and the
instillation plan for the new plaque. The dialogue continued to other areas in the City worthy of
historic preservation.
It was moved by Martinez and seconded by Ybarra to receive and file the presentation and to
Recommend and request that City Council approve the manufacture and installation of a memorial
plaque, to be located in the City Hall courtyard, 4305 S. Santa Fe Avenue Vernon CA, 90058.
Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes Lopez: Yes
ELECTIONS
3. In accordance with Resolution No. VHPS-0017, Article VI, Section 2, of the Second Amended and Restated Bylaws of the Vernon Historic Preservation Society, election of the following officers to serve for the annual term of December 2016 through December 2017:
a. President b. Vice President (Optional)
c. Chief Financial Officer
Regular Vernon Historic Preservation Society Meeting Minutes
December 6, 2016
Page 3 of 3
d. Secretary
It was moved by Ybarra and seconded by Lopez to elect the same officers and keep the status quo:
the President will remain the Mayor, the Vice President will remain the Mayor Pro-Tem, the Chief
Financial Officer will remain the Finance Director, and the Secretary will remain the City Clerk. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes Lopez: Yes
With no further business, at 10:55 a.m., President Davis adjourned the meeting.
________________________
Melissa Ybarra
President ATTEST:
_________________________
Maria E. Ayala Secretary
RECETVED
Nov 3 0 2017
CITY CLERKS OFIICE
REGEEWEE
N()v 3 0 20t7
STAFF REPORT CIry ADMIl\IISTRATI(.''
VERNON HISTORIC PRESERVATION SOCIETY
DATE:
TO:
FROM:
RE:
December 5, 2017
Honorable Members of the Vernon Historical Preservation Society
Maria Ayala, Executive Director of the Vernon Historical Preservation Society
Originator: Matthew Ceballm, Deputy City Clerk lu</
Agreement to Terminate the Historic Building Preservation Agreement
Recomm€ndation
A. Find that Terminating the Historic Building Preservation Agreement does not constitute a
"project" pursuant to section 15378(b)(2) ofthe Guidelines to the Califomia Environmental
Quality Act C'CEQA"), because it constitutes an administrative activity that will not result
in direct or indirect physical changes to the environment; and even if the execution of the
proposed agreement did constitute a project, it would be exempt from CEQA in accordance
with Section 15061(bX3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Approve an Agreement to Terminate the Historic Building Preservation Agreement dated
January 1, 2003.
Background
On December 4, 2002 the City Council of the City of Vemon approved Resolution No. 8l I l, an
agreement between the City of Vernon and the Vemon Historic Preservation Society (VHPS) for
the pu{pose of preserving certain "historic facilities" within the Malburg Generating Station, and
to promote the educational and cultural uses of the "historic facilities" within the City. The City
and the VHPS entered into a Historic Building Preservation Agreement ("Preservation
Agreement"), dated January l, 2003, for this purpose.
Since the execution of the Preservation Agreement, minimal effort and resources have been
allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities".
In addition, City staff have determined that the "historic facilities" located at or in the Malburg
Generating Station were never recognized by the State of Califomia Office of Historic
Preservation, and thus do not have historic designation status. Staff is recommending the
agreement is terminated and the onus on preserving the history ofVernon is placed at the discretion
of the City Council of the City of Vemon.
Page I of 2
The attached agreement has been reviewed and approved as to form by the City Attomey's Office.
Fiscal Impact
None.
Attachment(s)
I ) Agreement to Terminate
Page 2 of 2
AGREEMENT TO TERN/trNATE HISTORIC BUILDING PRESERVATION
AGREEMENT BETWEEN THE CITY OF VERNON AND THE VERNON HISTORIC
PRESERVATION SOCIETY (VHPS)
This Agreement to Terminate the Historic Building Preservation Agreement
("Preservation Agreement"), is made as of 201 8 by and between the City of
Vemon, a Califomia charter city and municipal corporation duly organized and existing under
and by virtue of the Constitution and laws of the State of Califomia (the "City''), and the Vernon
Historic Preservation Society, a nonprofit public benefit corporation duly incorporated under and
by virtue ofthe laws ofthe State of California (the "Society") (each of the City and the Society
being herein referred to individually as a "Party" or collectively as the "Panies").
WHEREAS, the City and the Society zue parties to a Historic Building Preservation
Agreement, dated as of January l, 2003, for the purpose of preserving certain "historic facilities"
within the Malburg Generating Station, and to promote the educational and cultural uses of the
designated "historic facilities" within the City; and
WHEREAS, the City and the Society desire to terminate the Preservation Agreement,
frnding that since the creation of the Agreement, minimal effort and resources have been
allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities".
In addition, the City and the Society found that the "historic facilities" located at or in the
Malburg Generating Station were never recognized by the State of Califomia Ofhce of Historic
Preservation, and thus do not have historic designation status.
NOW, THEREFORE, the Parties agree as follows:
l. The Preservation Agreement is hereby terminated.
2. The person or persons executing this Agreement to Terminate on behalf of each
of the Parties warrants and represents that he or she has the authority to execute this Agreement
to Terminate on behalf of that party and has the authority to bind that party to the performance of
its obligations hereunder.
[Signatures Begin on Next Page].
I
IN WITNESS WHEREOF, the parties have signed this Termination Agreement as of the
date stated in the introductory clause.
CITY OF VERNON a California charter city Vernon Historic Preservation Society, a nonprofit
and municipal corporation public benefit corporation
Melissa Ybarra, Mayor Name: Melissa Ybarra
Title: President
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attorney
2
RECEIVED
Nov 3 0 z0li
CIIY CLERKS OIIICE
REOEBVED
Nov 2 I20r,
STAFF REPORT
VERNON HISTORIC PRESERVATION
DATE:
TO:
FROM:
RE:
December 5, 2017
Honorable Members of the Vernon llistorical Preservation Society
Maria Ayala, Executive Director of the Vernon Historical Preservation Society,
Originator: Matthew Ceballos, Deputy City Clerk
Dissolution of the Vernon Historic Preservation Society
Recommendation
A. Find that the dissolution of the Vemon Historic Preservation Society does not constitute a
"project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental
Quality Act ("CEQA"), because it constitutes an administrative activity that will not result
in direct or indirect physical changes to the environment; and even if the adoption of the
proposed resolution did constitute a project, it would be exempt from CEQA in accordance
with Section 15061(bX3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Dissolve the Vemon Historic Preservation Society; and
C. Direct staff to prepzue a Certificate of Dissolution and proceed with the necessary steps to
conclude any business of the Vemon Historic Preservation Society.
Background
On November 2l,2OO2 the Vernon Historic Preservation Society (VHPS) was incorporated as a
501(c)(3) Corporation organized exclusively for charitable purposes. The purposes set forth were
to: (i) promote awareness of historic buildings and other properties of cultural significance in the
City of Vemon, California collectively, the " Facilities"; (ii) arrange for tours, conferences and
other assemblies at the Facilities; (iii) educate the public with respect to the Facilities; and (iv)
conduct or perform any ancillary or related activity in furtherance ofthe foregoing.
From its inception, the VHPS has been relatively inactive and has not passed any signifrcant action
as it applies to the purpose of its formation, as stated above. The VHPS is limited in its authority
to distribute funds. Cunent practice is if funds are to be expended for a charitable cause, the VHPS
only has the authority to recommend said expenditure for City Council for approval.
Page I of 2
On June 9, 201I the IRS posted notice of automatic revocation of federal tax exemption of this
organization. The VHPS tax exemption was automatically revoked for its failure to file a Form
99O-series retum or notice for three consecutive years.
Currently the City is paying an average of $293.00 per yezu, since 2012, to CT Corporation for
general hling services with the Secretary of State. Since 2002, this annual expenditure has been
covered through the City's General Fund.
Since the VHPS has been inactive for many years, does not raise funds or have assets, has been
revoked of its IRS tax exemption, does not have any existing contracts or agents in place, will not
affect anything in the course of City business, and does not have the authority to expend funds
without City Council consent, it is recommended to dissolve the body.
Understandably, the City of Vernon does have many historical qualities and characteristics. Staff
intends to continue to preserve those qualities and characteristics accordingly. With the dissolution
of the VHPS, all future endeavors that may have typically been brought forward to the VHPS,
would now be presented directly to the City Council for consideration.
Fiscal Impact
Savings of an average $293.00 per year.
Attachment(s)
I ) Nonprofit Certificate of Dissolution
2) Copy of IRS Notice of Revocation of Exemption
3) Copy of CT Cooperation lnvoice History
Page 2 of 2
Secretary of State I orss r.re
Nonprofit Certifi cate of Dissolution
(California Nonprofit Corporation ONLY)
This Space For Oflice Use Only
IMPORTANT - Read lnstructions before completing this form.
There is No Fee for filing a Nonprofit Certificate of Dissolution
Gopy Fees - First page $1 00t each aftachment page $0 50;
Certification Fee - $5 00 plus copy fees
Attorney General Letter: All nonprofit public benefit and religious
nonprofit corporations are required to get a letter from the California
Attorney General's offlce waiving objectrons to the nonprofit corporation's
distribution of assets, or confirming the nonprofit corporation has no
assets. lf your corporation is a public benefit or religious corporation, you
must attach that letter to this Nonprofit Certificate of Dissolution (see
rnstructrons)
1. Cofporate Name lEnter the exact name of the nonprofit co.poration as it is
recorded with the Califomia Secreiary of Stale )
Vernon Historic Preservation Society
2. 7-Digit Secretary of State File Number
247s866
3. Election
E The dissolution was made by a vote of ALL of the members, or if there are no members, by a vote of ALL of the
directors of the California nonprofit corporation.
Note: lfthe above boxis not checked, a Nonprotit Certificate ot Election to Wind Upand Dissolve (Form ELEC NP) must be filed
prior to orlogetherwith this Nonprofil Certificate of Dissolution (California Corporations Code sections 661 1 , 861 1 , 9680 and 12631 )
4. Debrs and Liabitities f^"ffs ,,ff,:l:ilr.tf""H,"T:,[ "3:11"ffi,,1il
mav be checked rf second box is checked' vou must
! The kno*n debts and liabilities have been actually paid or paid as far as its assets permitted.
! Th" kno*n debts and liabilities have been adequately provided for in full or as far as its assets permitted by their
assumption lncluded in the attachment to this certificate, incorporated herein by this reference, is a description of
the provisions made and the name and address of the person, corporation or government agency that has assumed
or guaranteed the payment, or the depository institution with which deposit has been made
@ The nonprofit corporation never incurred any known debts or liabilities.
5. Requiled Statements (Do not alter the Required Statements - ALL must be true to lile Form DISS NP )
a. The nonprofit corporation has been completely wound up and is dissolved.b All final returns required under the California Revenue and Taxation Code have been or will be filed with the
California Franchise Tax Board.c. For Mutual Benefit or General Cooperative Corporations ONLY: The known assets have been distributed to the
persons entitled thereto or the nonprofit corporation acquired no known assets.
6. Read, Verify, Date and Sign Below (see lnstructions for signature requirements. Oo not usea computer generated signature )
The undersigned is the sole director or a majority of the directors now in office. I declare under penalty of perjury under
the laws of the State of California that the matters set forth in this certificate are true and conect of my own knowledge.
l2l5l2ol7 Melissa Ybana
Date
t2lsl2077
Signature Type or Print Name
Yvette Woodruff-Perez
Date
t2lsl2oL7
Signature Type or Print Name
William Davis
Date Signature Type or Print Name
2017 Calilomra Secrebry of Slate
rww. sos ca goylbusness/be
Dtss NP (REV 05/2017)
ffiTRS
Exempt Organizations Select Check
Autornatic Revocalrcn of Eremption lnforrnetion
Exempl Oroanlzatrons Select Check Home
been recognrzed by lhe IRS as lar-exempt afer its efectrve dale o, aulomalic revocalion To chect whelher an organi2alion rs oJrrently recognized by the IRS as la.x+xempt, call
CustomerAcrount Servlces al (877) 829-5500 (toll-lree numb€r)
Legal
VERN
Revocetion Oate (eflectlve dete on which orgenlzrtion ! tax exemlion wrr automattcally rEvoked):
ltMay-2010
2902
Employer ldentification Numbei (Elx):
20-1953713
Name:
ON HISTORIC PRESERVATION
Eremption Typ6:
-s-0-1 (9)i?)
Revocation Polling Dat6 (date on which IRS pGted nouce ol automatic evocatlon on lRs.gov):
09-Jun-2011
Erempdon Relnstatorn€nt Date (effective dat of t x eremption, dete.rnined by the IRS
alier the oiganizrdon's ex6mption was automaucally reyoked and the oiganizatlon applled fo. iEanstetemenl of er.mption.):
Return lo Search Resu ls Return to Search Paoe
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