Resolution No. 7384I RESOLUTION NO, 7384
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON ORDERING THE REORGANIZATION OF TERRITORIES
DESIGNATED AS "REORGANIZATION NO. 98-1, PARCELS 1
4 AND 2" BETWEEN THE CITIES OF BELL AND VERNON
(DETACHMENT FROM THE CITY OF BELL, ANNEXATION TO THE
5 CITY OF VERNON) PURSUANT TO THE CORTESE/KNOX LOCAL
GOVERNMENT REORGANIZATION ACT OF 19185
6
7 WHEREAS, an application for the proposed reorganization of
8 certain territory between the City of Bell and the City of Vernon in
9 the County of Los Angeles has been filed with the Executive Officer of
10 the County of Los Angeles Local Agency Formation Commission ("LAFCO")
11 pursuant to Title 5, Division 3, commencing with Section 56000 of the
12 Government Code; and
13 WHEREAS, by Resolution No. 7110 adopted on August 4, 1998,
14 the City Council of the City of Vernon initiated proceedings pursuant
15 to the Cortese -Knox Local Government Reorganization Act of 1985,
16 commencing with Section 56000 of the California Government Code, for
17 the reorganization proposal identified as "Reorganization No. 98-1,
18 Parcels 1 and 2" in which territory will be detached from the City of
19 Bell and annexed to the City of Vernon; and
20 WHEREAS, pursuant to Resolution No. 7110, adopted on
21 August 4, 1998, the City Council of the City of Vernon found, on the
22 basis of the whole record before it, that there was no substantial
23 evidence that the subject reorganization of territory will have a
24 significant adverse effect on the environment individually or
25 cumulatively and, therefore, approved and adopted a Negative
26 Declaration for the project; and
27 WHEREAS, by Resolution No. 7111 adopted on August 4, 1998,
28 the City Council of the City of Vernon approved an exchange of
I property taxes for the annexation of the City of Vernon of
2 approximately 50 acres currently within the boundaries of the City of
3 Bell; and
4 WHEREAS, by Ordinance No. 1068 adopted on December 15, 1998,
5 the City Council of the City of Vernon amended the zoning map of the
6 City of Vernon to prezone territory being annexed pursuant to the
7 proposal designated "Reorganization No. 98-1, Parcels 1 and 2"
8 involving the Cities of Vernon and Bell; and
9 WHEREAS, by Resolution No. 7312 adopted on April 13, 1999,
10 the City Council of the City of Vernon approved a joint resolution
11 among the Board of Supervisors of Los Angeles County, the City of
12 Bell, the City of Vernon, and the Board of Directors of the Greater
13 Los Angeles County Vector Control District which approved and accepted
14 negotiated exchange of property tax revenue resulting from the
15 "Reorganization No. 98-1, Parcels 1 and 2" between the Cities of Bell
16 and Vernon; and
17 WHEREAS, LAFCO adopted its Resolution No. 1999-22, on June 9,
18 1999, making determinations and approving the proposed annexation to
19 the City of Vernon of territory described in Exhibit "A" attached
20 hereto and, by this reference, incorporated herein; and
21 WHEREAS, the terms and conditions of the annexation as
22 approved by LAFCO are as follows:
23 (a) Detachment of the subject territory from the
24 Consolidated Fire Protection District of Los Angeles
25 County, the Greater Los Angeles County Vector Control
26 District and the Los Angeles County Library District;
27 (b) The City of Vernon shall accept all facilities
28 transferred from the City of Bell in an "as is"
-2-
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I
condition, without any payment or repair obligation
2
from the City of Bell;
3
(c)
The City of Vernon will not issue a permit/license
4
for operation of a gaming facility within the subject
5
area (bingo parlor, card club, casino, etc.);
6
(d)
The City of Vernon will not withhold approval of
7
driveway installations to the south side of Bandini
8
Boulevard as long as they meet the City standards as
9
to distance from the curb return and construction
10
detail;
11
(e)
Liability operation/maintenance and upgrade
12
responsibility for any affected traffic signals
13
within 100 feet of City boundaries will be split
14
based on the number of legs owned by each affected
15.
City feeding into the intersection;
16
(f)
The City of Vernon and the City of Bell agree that
17
once specific revenue generated from the subject
18
territory exceeds annual operation and maintenance
19
cost and the cost of capital improvements within the
20
subject territory, commencing with the first full
21
fiscal year following the date of recordation of the
22
proposed action by LAFCO, revenues shall be split on
23
a 60% - 40% basis. Sixty percent (60%) is to be
24
received by the City of Vernon and forty percent
25
(40%) is to be received by the City of Bell. The
26
specific revenue sources too be split between the two
27
Cities shall include Property Taxes, Sales Taxes and
28
Transient Occupancy (Hotel) Taxes, if applicable;
-3-
..
1 and
2 WHEREAS, the reasons for the annexation are to reorganize
3 territory by detaching from the City .of Bell and annexing to the City
4 of Vernon two non-contiguous parcels of land comprising approximately
5 49.06 acres of uninhabited territory, located at the Western edge of
6 the City of Bell generally along the Los Angeles River and Bandini
7 Boulevard, respectively; and
8 WHEREAS, the regular County Assessment Roll is utilized by
9 the City of Vernon; and
10 WHEREAS, a duly noticed public hearing on this annexation was
11 called for and held by the City Council of the City of Vernon on
12 August 3, 1999, which was continued on August 17, 1999, and all
13 protests have been heard and considered; and
14 WHEREAS, the City Council of the City of Vernon hereby finds
15 and determines that the value of the written protests filed and not
16 withdrawn are less than fifty percent (50%) of the total assessed land
17 within the affected territory.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
19 CITY OF VERNON AS FOLLOWS:
20 SECTION 1: The City Council of the City of Vernon hereby
21 finds and determines that the recitals contained hereinabove are true
22 and correct.
23 SECTION 2: The City Council of the City of Vernon hereby
24 approves and orders without an election the Reorganization identified
25 as "Reorganization No. 98-1, Parcels 1 and 2" between the Cities of
26 Bell and Vernon, the boundaries of which are set forth in Exhibit "A,"
27 which is attached hereto and made a part hereof.
28 SECTION 3: The City Council of the City of Vernon hereby
-4-
I directs the City Clerk to send to LAFCO at the following address one
2 signed original and seven certified copies of this Resolution, a check
3 in the sum of Two Thousand Four Hundred Dollars and No Cents
4 ($2,400.00) made payable to the State Board of Equalization, and a map
5 of limiting addresses (an alphabetical list of all streets within the
6 affected area to include beginning and ending street numbers):
7 Larry J. Calemine
Executive Officer
8 Local Agency Formation Commission
383 Kenneth Hahn Hall of Administration
9 500 W. Temple Street
Los Angeles, CA 90012
10
11 SECTION 4: The City Clerk of the City of Vernon shall
12 certify to the passage of this resolution, and thereupon and
13 thereafter the same shall be in full force and effect.
14 APPROVED AND ADOPTED this 17th day of August, 1999.
15 s/Thomas A Ybarra
THOMAS A. YBARRA, Mayor Pro Tem
16 ATTEST:
17 s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
18
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7384, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, August 17.
1999, and thereafter was duly signed by the Mayor Pro Tem of the City
of Vernon.
(SEAL)
s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
I on
DESCRIPTION OF
REORGANIZATION NO. 98-1, PARCELS 1 AND 2
(Annexation to the City of Vernon, detachment from the City of Bell, Consolidated
Fire Protection District of Los Angeles County and the Greater Los Angeles County Vector
Control District)
Revised Description
Approved by the Local Agency Formation Commission
PARCEL 1
THAT PORTION OF LAND IN THE CITY OF BELL, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE
LOS ANGELES RIVER (500 FEET WIDE) AS SHOWN ON COUNTY
SURVEYOR'S FILED MAP NO. 11276, SHEET 5, ON FILE IN THE OFFICE OF
THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS OF SAID COUNTY
AND THE SOUTHEASTERLY LINE OF ATLANTIC BOULEVARD (100 FEET
WIDE) AS SHOWN ON SAID FILED MAP, SAID INTERSECTION BEING A POINT
IN THE COMMON BOUNDARY BETWEEN THE CITY OF BELL AND THE CITY
OF VERNON AS SAME EXISTED ON JULY 1, 1998; (1) THENCE SOUTH
54046'03" EAST 1579.79 FEET ALONG THE NORTHEASTERLY LINE OF SAID
LOS ANGELES RIVER AND COMMON BOUNDARY TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 6429.55
FEET; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE AND COMMON
BOUNDARY THROUGH A CENTRAL ANGLE OF 1 °32'48" AN ARC DISTANCE OF
A - 1
Description of Reorg. No. 98-1, Parcels 1 and 2
between the Cities of Bell and Vernon
Page 2
173.56 FEET TO THE SOUTHEASTERLY LINE OF LOT 115 OF RANCHO
LAGUNA AS SHOWN ON MAP FILED AS EXHIBIT "A" IN CASE NO. B-25296 OF
THE SUPERIOR COURT OF SAID STATE; (3) THENCE SOUTH 68°27'30" EAST
181.26 FEET ALONG SAID COMMON BOUNDARY TO A POINT ON A CURVE
CONCENTRIC WITH AND DISTANT NORTHEASTERLY 50.00 FEET FROM SAID
LAST MENTIONED CURVE, SAID POINT BEING AN ANGLE POINT IN SAID
COMMON BOUNDARY AND SAID CONCENTRIC CURVE BEING THE
SOUTHWESTERLY LINE OF PARCEL 10 AS SHOWN ON MAP FILED IN BOOK
24, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE RECORDER
OF SAID COUNTY, A RADIAL OF SAID CURVE THROUGH SAID POINT BEARS
NORTH 38019'33" EAST; (4) THENCE LEAVING SAID COMMON BOUNDARY
SOUTH 38019'33" WEST 550.00 FEET ALONG SAID RADIAL LINE TO A POINT
IN A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 5929.55 FEET, A RADIAL LINE OF SAID LAST MENTIONED CURVE
TO SAID POINT BEARS NORTH 38019'33" EAST, SAID CURVE BEING ALSO
THE SOUTHWESTERLY LINE OF SAID LOS ANGELES RIVER; (5) THENCE
NORTHWESTERLY ALONG SAID CURVE AND SAID COMMON BOUNDARY
THROUGH A CENTRAL ANGLE OF 3005'36" A DISTANCE OF 320.13 FEET; (6)
THENCE NORTH 54046'03" WEST 1560.41 FEET ALONG THE
SOUTHWESTERLY LINE OF SAID LOS ANGELES RIVER AND COMMON
A - 2
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 3
BOUNDARY TO THE SOUTHEASTERLY LINE OF SAID ATLANTIC BOULEVARD;
(7) THENCE CONTINUING ALONG SAID COMMON BOUNDARY NORTH
54046'03" WEST 100.08 FEET TO THE NORTHWESTERLY LINE OF SAID
ATLANTIC BOULEVARD; (8) THENCE ALONG SAID NORTHWESTERLY LINE
AND COMMON BOUNDARY NORTH 33000'47" EAST 560.38 FEET TO THE
NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID
LOS ANGELES RIVER; (9) THENCE SOUTH 54046'03" EAST 100.08 FEET
ALONG SAID PROLONGATION AND COMMON BOUNDARY TO THE POINT OF
BEGINNING.
CONTAINING: 23.10 ACRES
0.036 SQ. MI.
PARCEL 2
THAT PORTION OF THE RANCHO LAGUNA, IN THE CITY OF BELL, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED AS
EXHIBIT "A" IN CASE NO. B-25296 OF THE SUPERIOR COURT OF SAID STATE,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF
ATLANTIC BOULEVARD (85 FEET WIDE) WITH THE CENTERLINE OF A
DRAINAGE EASEMENT TO THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT (32 FEET WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF
A - 3
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 4
TRANSPORTATION (CALTRANS) DISTRICT SEVEN RIGHT-OF-WAY MAP
NO. F1524, SHEET 6; THENCE ALONG SAID CENTERLINE OF ATLANTIC
BOULEVARD NORTH 63025'40"EAST 16.00 FEET TO THE NORTHEASTERLY
LINE OF SAID DRAINAGE EASEMENT AND THE POINT OF BEGINNING„OF
THIS DESCRIPTION, SAID NORTHEASTERLY LINE ALSO BEING THE COMMON
BOUNDARY BETWEEN THE CITY OF BELL AND THE CITY OF VERNON AS
SAME EXISTED ON JULY 1, 1998; THENCE ALONG SAID COMMON
BOUNDARY THE FOLLOWING COURSES: (1) NORTH 26"34'17" WEST 45.00
FEET TO THE NORTHWESTERLY LINE OF SAID ATLANTIC BOULEVARD; (2)
THENCE ALONG SAID NORTHWESTERLY LINE AND COMMON BOUNDARY
NORTH 63025'40" EAST 754.11 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE SOUTHWESTERLY IN THE SOUTHERLY RIGHT-OF-WAY
LINE OF BANDINI BOULEVARD (80 FEET WIDE) AS SHOWN ON SAID MAP
NO. F1524, SHEET 6, SAID CURVE HAVING A RADIUS OF 30.00 FEET, A -
RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS SOUTH 59051'10"
EAST; (3) THENCE IN A DIRECT LINE ALONG SAID COMMON BOUNDARY
NORTH 61 °35'46" EAST 149.21 FEET TO THE MOST WESTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO SAID STATE (FOR
ATLANTIC BOULEVARD), RECORDED IN BOOK 14186, PAGE 110 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; (4)
A - 4
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 5
THENCE ALONG SAID NORTHWESTERLY LINE OF ATLANTIC BOULEVARD
NORTH 63025'26" EAST 172.81 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1950.00 FEET; (5)
THENCE NORTHEASTERLY ALONG SAID CURVE AND CONTINUING ALONG
SAID NORTHWESTERLY LINE AND COMMON BOUNDARY THROUGH A
CENTRAL ANGLE OF 12030'01" AN ARC DISTANCE OF 425.43 FEET; (6)
THENCE TANGENT TO SAID CURVE NORTH 5005525" EAST 35.80 FEET; (7)
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE AND COMMON
BOUNDARY NORTH 48029'04"EAST 524.46 FEET TO ITS INTERSECTION WITH
THE NORTHEASTERLY LINE OF 26TH STREET (60 FEET WIDE) AS SHOWN
ON CALTRANS RIGHT-OF-WAY MAP NO. F1525-1, SAID LINE ALSO BEING THE
SOUTHERLY LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD
RIGHT-OF-WAY (100 FEET WIDE), SAID INTERSECTION BEING AN ANGLE.
POINT IN SAID COMMON BOUNDARY, SAID INTERSECTION ALSO BEING AN
ANGLE POINT IN THE COMMON BOUNDARY BETWEEN THE CITY OF BELL
AND THE CITY OF COMMERCE AS SAME EXISTED ON SAID DATE; (8)
THENCE ALONG SAID LAST MENTIONED COMMON BOUNDARY AND ALONG
SAID NORTHEASTERLY LINE SOUTH 68000'18" EAST 677.3 FEET, MORE OR
LESS, TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY
A - 5
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 6
LINE OF LOT 92 OF SAID RANCHO LAGUNA; (9) THENCE LEAVING SAID
COMMON BOUNDARY AND ALONG SAID PROLONGATION AND
SOUTHEASTERLY LINE SOUTH 21 °58'47" WEST 1069.22 FEET TO THE
SOUTHWESTERLY LINE OF BANDINI BOULEVARD (100 FEET WIDE) AS
DESCRIBED IN DEED TO THE CITY OF BELL, RECORDED IN BOOK D6459,
PAGE 619 OF SAID OFFICIAL RECORDS; (10) THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 67057'50" WEST 1221.7 FEET, MORE OR
LESS, TO A LINE PARALLEL WITH AND DISTANT 20 FEET SOUTHEASTERLY
FROM THE SOUTHEASTERLY LINE OF SAID ATLANTIC BOULEVARD (85 FEET
WIDE) AS SHOWN ON CALTRANS RIGHT-OF-WAY MAP NO. F1524-6; (11)
THENCE ALONG SAID PARALLEL LINE SOUTH 63025'40" WEST 878.76 FEET
TO THE NORTHEASTERLY LINE OF SAID DRAINAGE EASEMENT AND SAID
FIRST MENTIONED COMMON BOUNDARY AS SHOWN ON SAID
RIGHT-OF-WAY MAP NO. F1524-6; (12) THENCE ALONG SAID
NORTHEASTERLY LINE AND SAID LAST MENTIONED COMMON BOUNDARY
NORTH 26034'17" WEST 60.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 25.96 ACRES.
0.041 SQ. MI.
PARCELS 1 AND 2 CONTAINS: 49.06 ACRES
0.077 SQ. MI.
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SUPPORTING
DOCUMENTS
DECLARATION OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
MS PATTY SALERNO
CITY OF VERNON
4305 SANTA FE AVE
VERNON CA 90058
NOTICE OF PUBLIC HEARING
REORGNIZATION OF TERRITORY (ANNEXATION
TO THE CITY
HEARING/CLOSE/SALE DATE: 08/03/99
The undersigned says:
I am over the age of 18 years and a citizen of the
United States. I am not a parry to and have no interest in
this matter. I am a principal clerk of the METROPOLI-
TAN NEWS -ENTERPRISE, a newspaper of general
circulation in the City of Los Angeles, the Judicial Dis-
trict of Los Angeles, the County of Los Angeles, and the
State of California, as adjudicated in Los Angeles Supe-
rior Court Case No. 601165. The notice, a printed copy
of which appears hereon, was published on the following
date(s): Jul 9, 1999
I declare under penalty of perjury that the foregoing
is true and correct. Executed at Los Angeles, California
on 07/09/99.
signature
METROPOLITAN NEWS -ENTERPRISE
210 S. Spring St.
Los Angeles, CA 90012
Phone: 213-346-0033
Fax: 213-687-3886
Cust. Num.: 001349 Control Num.: 530880
Cust. Ref. Num.: ANNEXATION 1111111pp111INIII IN III III
CN530880 ANNEXATION Jul 9, 1999
Page 1 of I
July 28, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: REORGANIZATION - BELL/VERNON
On June 9, 1999 the Los Angeles County Local Agency
Formation Commission (LAFCO) approved "Reorganization No. 98-1,
Parcels 1 and 2" between the Cities of Bell and Vernon.
In accordance with Cortese -Knox Local Government
Reorganization of Territory requirements, the City of Vernon will
be conducting a Public Hearing in order to receive oral and
written testimony regarding the reorganization of territory
between the Cities of Bell and Vernon. The City of Vernon will
be annexing approximately 49.06 acres of property currently
within the City of Bell. Pursuant to Section 56025 of the
Government Code the City of Vernon mailed, posted and published
the Public Hearing Notice.
Attached herewith are the following documents:
1. Los Angeles County LAFCO Resolution No. 1999-22
2. Staff Report
3. Notice of Public Hearing
4. Affidavits of Posting, Mailing, Publishing and Delivery
of the Public Hearing Notice.
City staff does not anticipate any protest to the
Reorganization and therefore it is recommended that the
reorganization be approved by City Council.
SKW:ps
Attachments
cc: City Attorney
MEMOS\MEMO.BVM1
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. -BILL" DAVIS
Councilman
H. "LARRY" GONZALEs
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE'V. MALKENHORST
City .Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 27, 1999
HAND DELIVERED
Bob Rizzo
City of Bell
6330 Pine Avenue
Bell, CA 90201-1291 P
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fine Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
RE: Notice of Public Hearing -- Atlantic/Bandini Annexation
(LAFCO Reorganization No: 98-1)
Dear Mr. Rizzo:
The City of Vernon recently mailed, posted and published a
Notice of Public Hearing regarding a reorganization between the
Cities of Bell and Vernon. It was recently discovered that your
agency was inadvertently left off of the City's mail service,
list. Therefore, the notice was not mailed to your agency in a
timely manner.
On July 26, 1999 the City mailed your agency the Notice of
Public Hearing. The notice is also being hand delivered along
with this letter.
The City of Vernon will hold the Hearing, as noticed, on'the
scheduled City Council Meeting date of August 3, 1999. However,
in order to provide your agency with the appropriate notice time
required by the Government Code, the hearing will not be closed,
but will be continued to the August 17, 1999 City Council
Meeting.
If you have any questions, please don't hesitate to call me.
Very//f-ruly yours,
7
9amue1'1(ev1n/Wilson, P.E.
Director of Community Services & Water
SKW:ps
Enclosure
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 18, 1999
Mr. Larry J. Calemine
Executive Officer
LOCAL AGENCY FORMATION COMMISSION
383 Kenneth Hahn Hall of Administration
500 W. Temple Street
Los Angeles, CA 90012
Re: Resolution No. 7384
Detachment from the City of Bell, Annexation to the
City of Vernon
Dear Mr. Calemine:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Enclosed are a signed original and seven certified copies of the above
referenced resolution, which was approved by the Vernon City Council on
August 17, 1999.
Under separate cover, at a later date, I will be forwarding a check in
the amount of Two Thousand Four Hundred Dollars and No Cents
($2,400.00) made payable to the State Board of Equalization and a map
of limiting addresses (an alphabetical list of all streets within the
affected area to include beginning and ending street numbers).
If you should have any questions, please refer them to Kevin Wilson,
our Director of Community Services & Water at Ext. 245.
Very truly yours,
I2c.�
Glo a J. Orosco
Chief Deputy Cit lerk
GJO:rcm
cc: Kevin Wilson
Bob Rizzo, City of Bell
City of Vernon
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
I, Peter Pirnejad, Planning Assistant of the City of
Vernon, do hereby certify that I did, on the 7th
day of July, 1999 at 2:00 P.M., post six (6) copies of:
NOTICE OF PUBLIC HEARING, to be held on August 3, 1999, (see
attached copy) for the City Council of the City of Vernon to hold
a public hearing in accordance with Government Code Sections 57050
to consider the detachment of approximately 49.06 acres of property
from the City of Bell and annexation of such properties to the City
of Vernon. One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue in the City of
Vernon; the northeast corner of Leonis Boulevard and Pacific
Boulevard in the City of Vernon; on the bulletin board in the lobby
of the City Hall of the City of Vernon, located at 4305 Santa Fe
Avenue; on the bulletin board in the entrance of the City Hall of
the City of Bell, located at 6330 Pine Avenue; on the bulletin
board in the City of Bell Community Center adjacent to the City
Hall, and on the bulletin board in the City of Bell Public Library
adjacent to the City Hall, there being no newspaper of general
circulation printed and published in the City of Vernon.
Date:- 7- 7-49
Peter Pirnejad, Planning Assistant
State of California
ss.
County of Los Angeles
On before me,Notary
Public, personally appeared Peter Pirnejad, personally known to me
--crass_ sf ) 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.
WITNESS my hand and official seal
�HARON + :,HNSON
omm1ssion r 1225459
botcay Public - Colifornia
z Los Angelo.. County
.amrrt tx es .tun21,2003
y?
City of Vernon
AFFIDAVIT OF POSTING
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Peter Pirnejad, Planning Assistant of the City of
Vernon, do hereby certify that I did, on the 12t' , 13t' , 14t', and
15th day of July, 1999, verify posting of all six (6) copies of:
NOTICE OF PUBLIC HEARING, to be held on August 3, 1999, (see
attached copy) for the City Council of the City of Vernon to hold
a public hearing in accordance with Government Code Sections 57050
to consider the detachment of approximately 49.06 acres of property
from the City of Bell and annexation of such properties to the City
of Vernon. One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue in the City of
Vernon; the northeast corner of Leonis Boulevard and Pacific
Boulevard in the City of Vernon; on the bulletin board in the lobby
of the City Hall of the City of Vernon, located at 4305 Santa Fe
Avenue; on the bulletin board in the entrance of the City Hall of
the City of Bell, located at 6330 Pine Avenue; on the bulletin
board in the City of Bell Community Center adjacent to the City
Hall, and on the bulletin board in the City of Bell Public Library
adjacent to the City Hall, there being no newspaper of general
circulation printed and published in the City of Vernon.
Date 7_ 20 "17c'i
Peter Pirne� ad,
State of California
ss
County of Los Angeles
Planning Assistant
On :]Z. gq before me, �S .�oh`..•"S�\.� Notary
Public, personally appeared Peter Pirnejad, personally known to me
(or known tU Me on the- inasis of sat±sfert-tury evidt--nue)- 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.
WITNESS my hand and official seal
r� SHARON L. JOt N50N
_ Commission # 1235459
Notary Public - California
Los County -
® My Comm.m. Bpkr Jun 21, 2DOC3
1
2
AFFIDAVIT OF MAILING
3
4 I, Patricia Salerno, declare as follows
5 1. That I am employed in the Community
6 Services Department in the position of Secretary to the
7 Director of Community Services
g 2. That on July 7, 1999 I mailed a copy of
NOTICE OF PUBLIC HEARING TO CONSIDER THE REORGANIZATION OF
9
lO TERRITORY (ANNEXATION TO THE CITY OF VERNON FROM THE CITY
11 OF BELL) (to be held on August 3, 1999) see attached copy,
12 to the interested parties on the attached list, United
13 States Mail both regular and Certified with postage
14 prepaid.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
AFFIDAVIT OF MAILING
I, Patricia Salerno, declare as follows:
1. That I am employed in the Community
Services Department in the position of Secretary to the
Director of Community Services.
2. That on July 26, 1999 I mailed a copy of
NOTICE OF PUBLIC HEARING TO CONSIDER THE REORGANIZATION OF
TERRITORY (ANNEXATION TO THE CITY OF VERNON FROM THE CITY
OF BELL (to be held on August 3, 1999) see attached copy,
to the interested parties on the attached list, United
States Mail both regular and Certified with postage
prepaid, except for the one marked with *, which was hand
delivered and sent Certified mail. 1
L.A. JUNCTION RAILROAD
4433 Exchange Avenue
Vernon, CA 90058
6314-034-800
U.S. POSTAL
Attn: Mr. Nourse
5555 Bandini Boulevard
Bell, CA 90201-9992
6332-002-908
L.A. COUNTY FLOOD CONTROL
500 W. Temple Street
Room 754
Los Angeles, CA 90012-2700
6314-033-900
6314-034-900
SO CA EDISON
Real Estate
Attn: Nancy Burrows
14803 Chestnut Street
Westminister. CA 92680-9912
6332-002-801
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
City of Bell
6330 Pine Avenue
Bell, CA 90201-1291
Attn: Bob Rizzo
* Larry J. Calemine
Executive Officer
LAFCO
383 Kenneth Hahn Hall of Administration
500 W. Temple Street
Los Angeles, CA 90012
Greater Los Angeles Vector Control District
12545 Florence Avenue
Santa Fe Springs, CA 90670
Attn: Jack Hazelrigg
Consolidated Fire Protection District
of Los Angeles County
1320 N. Eastern Avenue
Los Angeles, CA 90063
Attn: P. Michael Freeman, Fire Chief
Los Angeles County Library District
7400 E. Imperial Highway
Downey, CA 90242
Attn: Sandra Reuben, County Librarian
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 29 1999
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
On June 9, 1999, the Los Angeles County Local Agency Formation
Commission (LAFCO) approved "Reorganization No. 98-1, Parcels 1
and 2" between the Cities of Bell and Vernon.
In accordance with Cortese -Knox Local Government Reorganization
of Territory requirements, the City of Vernon will be conducting
a Public Hearing in order to receive oral and written testimony
regarding the reorganization of territory between the Cities of
Bell and Vernon. The City of Vernon will be annexing
approximately 49.06 acres of property currently within the City
of Bell. Pursuant to Section 56025 of the Government Code, the
City of Vernon mailed, posted and published the Public Hearing
Notice.
Attached herewith are the following documents:
1. Los Angeles County LAFCO Resolution No. 1999-22
2. Staff Report
3. Notice of Public Hearing
4. Affidavits of Posting, Mailing, Publishing and Delivery
of the Public Hearing Notice.
l
City Council
Page 2
July 29, 1999
This has been reviewed by the Director of Community Services and
the City Attorney and it is hereby recommended that the
reorganization be approved.
Very truly yours,
Z%
Bruce V. Malkenhorst
City Clerk
BVM:rcm
U4
To: FILE - Reorganization of Territory (Annexation to the -City of Vernon From the
City of Bell)
From: PeterPirnejadle
Subject: Verify Posting in the Cities of Bell and Vernon
Date: July 16, 1999
On July 7,1999 I posted a Notice of Public Hearing for the Reorganization of Territory (Annexation
to the City of Vernon From the City of Bell) on official public posting boards in the Cities of Vernon
and Bell. To insure that the Notice was available for public review during the posting period I
returned to the posting boards and confirmed that the Notices were still present. This memo is to
confirm that on July 12,13,14, and 15 I physically checked all six of the posting locations in both
the Cities of Bell and Vernon to verify that the Notices were still posted. The six locations included:
1. The northwest corner of 38th Street and Santa Fe Avenue in the City of Vernon
2• The northeast corner of Leonis Boulevard and Pacific Boulevard in the City of
Vernon
3. On the bulletin board in the lobby of the City Hall of the City of Vernon, located at
4305 Santa Fe Avenue
4. On the bulletin board at the entrance of the City Hall of the City of Bell, located at
6330 Pine Avenue
5• On the bulletin board in the City of Bell Community Center adjacent to the City Hall
6• On the bulletin board in the City of Bell Public Library adjacent to the City Hall
NOTICE OF CONTINUED PUBLIC HEARING
NOTICE is hereby given that the City of Vernon City Council,
at their meeting held Tuesday, August 3, 1999, opened and
continued the Public Hearing pertaining to the Reorganization of
Territory (Annexation to the City of Vernon from the City of
Bell). Testimony from affected and/or interested persons
regarding this subject may still be submitted up to the
conclusion of said Public Hearing. Said continuance is scheduled
for Tuesday, August 17, 1999, at 5:00 p.m. or as soon thereto as
possible.
Date: A/ 9
oria J. Orosc
Chief Deputy Cio Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Gloria, J. Orosco, Chief Deputy City Clerk/97the C' y of
Vernon, do hereby certify that on the W� day of 1999
I did have posted one (1) copy of:
NOTICE OF CONTINUED PUBLIC HEARING
adjacent to the outside of the City Council Chambers, located at
4305 Santa Fe Avenue, in the City of Vernon, there being no
newspaper of general circulation printed and published in the
City of Vernon.
loria �J.Oro,,
Chief Deputy /City Clerk
Date:
Subscribed and sworn to before
me this ct" of �v,a.as#� 1999
.c
Notary Publid"—i� and for the
County of Los Angeles, State of
California
•5771TT 1r
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
fJk
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE V. MALKENHORST CITY HALL BRUCE W. OLSON
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX (323) 581-7924 TELEPHONE (323) 583-8811 FAX: (323) 583-5236
August 12, 1999
City Council
City of Vernon
Honorable Members:
Transmitted herewith is a letter from Mr. Robert Dickey of
Southern California Edison Company dated August 3, 1999
regarding the LAFCO Reorganization No. 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon advising that Edison has
no objection to the proposed reorganization.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM:rcm
SOUTHERN CAUFORNIA
EDISON
An WISON INTERNATIONAL Company
August 3, 1999
VIA FACSIMILE & U.S. MAIL
Bruce V. Malkenhorst
City Clerk/City Administrator
City of Vernon
4605 Santa Fe Avenue
Vernon, California 90058
Re: LAFCO Reorganization No. 98-1, Parcels 1 and 2
Between The Cities Of Bell And Vernon
Dear Mr. Malkenhorst:
Robert T. Dickey
Corporate Representative
dickeyrt@sce.com
Edison has received notice that the City of Vernon is holding a hearing for
the purpose of taking comments from property owners in the parcels affected by the
subject proposal. Edison is a property owner in one of the affected parcels. Please
be advised that Edison has no objection to the proposed reorganization. Should
there be any questions in this regard, please contact me.
:o7bert�T.
y yours,
Dickey
cc: David B. Brearley, Esq., City Attorney
Stephen E. Pickett, Southern California Edison
SEP:dst:LW992150033
2244 Walnut Grove Avenue Room 312 Rosemead, California 91770 (626) 302-3406 Fax (626) 302-1978
August 12, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: BELL-VERNON REORGANIZATION
The City of Vernon received a letter dated August 3, 1999,
from Southern California Edison, stating that they have no
objection the reorganization between the Cities of Vernon and
Bell.
It is recommended that the City Council receive and file the
written comment as part of the Reorganization Public Hearing
process.
SKW: ps
Attachment
cc: City Attorney
sourHEM CAuroMIA
5 EDISON
An 6DISON lNT wAT10,V Company
l�
Uti
August 3, 1999
VIAFACSIMME & U.S. MAIL
Bruce V. Malkenhorst
City Clerk/City Administrator
City of Vernon
4605 Santa Fe Avenue
Vernon, California 90058
Re: LAFCO Reorganization No. 98-1, Parcels 1 and 2
Between The Cities Of Bell And Vernon
Dear Mr. Malkenhorst:
Robert T. Dickey
GOiporace Representative
dickeyrtesce.com
a
RECEIVED
AUG - 5 1999
Community Services
Edison has received notice that the City of Vernon is holding a hearing for
the purpose of taking comments from property owners in the parcels affected by the
subject proposal. Edison is a property owner in one of the affected parcels. Please
be advised that Edison has no objection to the proposed reorganization. Sh
there be any questions in this regard, please contact me. ould
Very �� ly yours,
Bert 9T. Dickey
cc: David B. Brearley, Esq., City Attorney
Stephen E. Pickett, Southern California Edison
SEP-dst,l,W9921wM3
2244 Walnut Grove Avenue Room 312 Rosemead, California 91770 (626) 302-3406 Fax (626) 302-1978
i,W
August 12, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community
Services & Water
SUBJECT: BELL-VERNON REORGANIZATION
The City of Vernon received a letter dated August 3, 1999,
from Southern California Edison, stating that they have no
objection to the reorganization between the Cities of Vernon and
Bell.
It is recommended that the City Council receive and file the
written comment as part of the Reorganization Public Hearing
process.
SKW:ps
Attachment
cc: City Attorney
C:\MyFi1es\WP5IDIR\Memos\A2.wpd
0
\�J
CITY COUNaL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
councilman
W. MICHA.EL McCORMICK
Councilman
BR'UCE V. MALKENHORST
City Administrator / city Clerk
FAX (323) 591.7924
DAVID B. BREARLEY
%.r.�(orneeyy
FAX: �626) 330.5818
KEVIN WILSON
Director of Commtuuty Services & Water
FAX: (323) 589.2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 3, 1999
Bruce V. Mallmnhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, California. 90058-0805
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 593.1983
DAVE TELFORD
Fire Chief
FAX, (323) 591-1395
BRUCE'W. OLSON
Police C -daf
FAX: (323) 583-=6
Eduardo Ulivo (426) 336-3408
Re: Annexation Proceedings -Reorganization No. 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Dear Mr. Malkenhorst:
On June 9, 1999, the Local Agency Formation Commission of the County of Los
Angeles ("LAFCO") adopted its Resolution No. 1999-22, which authorized the City of
Vernon, as the conducting authority, to conduct subsequent proceedings in compliance with
its Resolution and pursuant to the Cortese/Knox Local Government Reorganization Act of
1985.
Pursuant to Section 57025 of the Government Code, a protest hearing has been
scheduled for August 3, 1999. The hearing is designed to provide land owners within the
territory to be annexed, to file written protests regarding the annexation.
The City has provided notice of the public hearing. The City posted and luiu,ished
notice in a timely fashion. The City was also required to mail notice to each affected city,
affected district or affected county, to LAFCO, to all land owners owning land within any
territory to be annexed, and to persons requesting special notice. The Community Services
Depal mcnt hand -delivered notice to the City of Bell, and mailed notice to all land owners.
However on July 26, 1999, I was advised that the Community Services Department
roo/ZOO [n XHS ;) AZID FFF ATI2IVHq 9 QIAYQ 9T92 OCC 999 XV3 r9:9T 66/CO/90
A
Bruce V. Malbuihorst
August 3, 1999
Page 2
ertently failed to provide notice by mail to LAFCO and to the affected districts.
On July 26, 1999, I contacted the Executive Director for LAFCO, Larry Calemine.
Mr. Calemine advised that LAFCO would accept service by the City at any time.
On July 26, 1999, the Community Services Department mailed the required notice to
LAFCO, the Consolidated Fire Protection District, the Greater Los Angeles Vectc ,Control
District and the Los Angeles County Library Control Distract (collectively, the "Districts").
The notices were also personally delivered to these Districts on July 27, 1999.
The service by mail on the Distracts, seven days before the proposed public hearing
date of August 3, 1999, did not technically satisfy the requirement of 15 days notice in
Section 56156 of the Government Code. Nevertheless, the City can comply with the intent
of the statute by not closing the hearing until the Districts have had the time required by the
statute to participate in the hearing.
The service issue in this matter is similar to substantial compliance cases involving
service of process. It is well established that strict compliance with statutes governing
service of process is not required. Rather, in deciding whether service was valid, the courts
have held that the statutory provisions regarding service should be liberally construed to
effectuate service and uphold the jurisdiction of the courts if actual notice has been received
by the defendant. PasadenaCenter Associates v. SuRcdor Court (1973) 9 Cal. 3d
7737 778; County of Riverside v. Bxgfior Court of iverside Couna (1977) 54 Car, App.
4th 443, 448. Where a reasonable attempt has been made to comply with ' the statute in good
faith, and there was no attempt to mislead or conceal, the doctrine of substantial compliance
holds that the statute may be deemed satisfied. Davis v. Allstate Ins. Co, (1989) 217 Cal. 3d
1229, 1231; Perry v. City of San Diem o (1947) 80 Cal. App. 2d 166, 169.
The intent of the notice requirement in Sections S6156 and 57025 of the Government
Code is to provide laud owners in the territory to be annexed, an opportunity to file writtcn
protests and to give other members of the public an opportunity to participate in the hearing.
The requirement of service on LAFCO and the Districts is intended to allow those agencies
the opportunity to protect their interests in the proceeding. Because Section 56156 requires
15 days notice, the Legislature has obviously determined that such a notice period is
sufficient to protect the interests of these agencies.
too/c00 [n HHEFID UID FfF AMMU S QIAVQ OT92 099 999 XVd 59: ZT 66/CO/90
40
Bruce V. Malkenhorst
August 3, 1999
Page 3
Because the Districts were not served until June 26, 1999, seven days before the
hearing, I recommend that the City Council take the following action:
1. Proceed with the public hearing on August 3, 1999 and accept all written
protests by land owners and/or protests or comments by any member of the
Public, affected city, LAFCO, or the affected Districts;
2. After all protests and comments have been received, continue the hearing to
August 17, 1999, at which time further comments may be made by the public
and the Districts.
By opening the public hearing on August 3, 1999, all interested parties who timely
received notice will have an opportunity to file whatever protest, comments or testimony they
believe should be filed. The Districts will also have that opportunity. Nevertheless, by not
closing the hearing and continuing it to August 17, 1999, the Districts will have additional
time to participate in the hearing and file written protests and/or comments. The Districts
will then have had a total of 21 days from the time that they were served with notice of the
public hearing by mail to participate fully in the hearing. Thus, they will have had more
than the 15 days required by Section 56156.
By proceeding in this fashion, the City will have substantially complied with the
notice requirements of the Government Code. If you have any questions, I will be available
at the time of the public hearing to provide a response.
Very truly yours,
Eduardo Olivo for
David B. Brearley,
City Attorney
"TR-W
roo/r00IA musna 2ui;) FF<- Adiuvaua S QIAVQ BTSS Occ 999 %Vd 99:ZT 66/CO/90
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 3, 1999
Gloria Orosco
Chief Deputy City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058-0805
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Eduardo Olivo (626) 336-3408
Re: Annexation Proceedings -Reorganization No. 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Dear Ms. Orosco:
The following minute order may be used if the City Council continues the public
hearing in connection with the above -referenced matter:
It was moved by , seconded by , that the public hearing on
the proposed reorganization of territory, the annexation to the City of Vernon from the City
of Bell, Reorganization No. 98-1 Parcels 1 and 2 between the cities of Bell and Vernon, be
continued to August 17, 1999, at which time further written protests, public comments or
public testimony may be received. Motion carried.
Very truly yours,
Eduardo Olivo for
David B. Brearley,
City Attorney
Attachment L,R-57
August 24, 1999
is
TO: Department Heads
^1�
FROM: Samuel "Kevin" Wilson, Director of Community
Services & Water
SUBJECT: REORGANIZATION
The Reorganization between the City of Bell and Vernon is
now complete. The boundaries have been adjusted so that the
property shown on the attached maps is be within the City of
Vernon's corporate limits. The City of Vernon is now the
provider of all normal City services in those areas including
Police and Fire Protection.
SK'W: ps
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EXHIBIT
No
EXHIBIT "A"
DESCRIPTION OF
REORGANIZATION NO. 98-1, PARCELS 1 AND 2
(Annexation to the City of Vernon, detachment from the City of Bell, Consolidated
Fire Protection District of Los Angeles County and the Greater Los Angeles County Vector
Control District)
Revised Description
Approved by the Local Agency Formation Commission
PARCEL 1
THAT PORTION OF LAND IN THE CITY OF BELL, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE
LOS ANGELES RIVER (500 FEET WIDE) AS SHOWN ON COUNTY
SURVEYOR'S FILED MAP NO. 11276, SHEET 5, ON FILE IN THE OFFICE OF
THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS OF SAID COUNTY
AND THE SOUTHEASTERLY LINE OF ATLANTIC BOULEVARD (100 FEET
WIDE) AS SHOWN ON SAID FILED MAP, SAID INTERSECTION BEING A POINT
IN THE COMMON BOUNDARY BETWEEN THE CITY OF BELL AND THE CITY
OF VERNON AS SAME EXISTED ON JULY 1, 1998; (1) THENCE SOUTH
54"46'03" EAST 1579.79 FEET ALONG THE NORTHEASTERLY LINE OF SAID
LOS ANGELES RIVER AND COMMON BOUNDARY TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 6429.55
FEET; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE AND COMMON
BOUNDARY THROUGH A CENTRAL ANGLE OF 1 °32'48" AN ARC DISTANCE OF
Description of Reorg. No. 98-1, Parcels 1 and 2
between the Cities of Bell and Vernon
Page 2
173.56 FEET TO THE SOUTHEASTERLY LINE OF LOT 115 OF RANCHO
LAGUNA AS SHOWN ON MAP FILED AS EXHIBIT "A" IN CASE NO. B-25296 OF
THE SUPERIOR COURT OF SAID STATE; (3) THENCE SOUTH 68°27'30" EAST
181.26 FEET ALONG SAID COMMON BOUNDARY TO A POINT ON A CURVE
CONCENTRIC WITH AND DISTANT NORTHEASTERLY 50.00 FEET FROM SAID
LAST MENTIONED CURVE, SAID POINT BEING AN ANGLE POINT IN SAID
COMMON BOUNDARY AND SAID CONCENTRIC CURVE BEING THE
SOUTHWESTERLY LINE OF PARCEL 10 AS SHOWN ON MAP FILED IN BOOK
24, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE RECORDER
OF SAID COUNTY, A RADIAL OF SAID CURVE THROUGH SAID POINT BEARS
NORTH 38019'33" EAST; (4) THENCE LEAVING SAID COMMON BOUNDARY
SOUTH 38019'33" WEST 550.00 FEET ALONG SAID RADIAL LINE TO A POINT
IN A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 5929.55 FEET, A RADIAL LINE OF SAID LAST MENTIONED CURVE
TO SAID POINT BEARS NORTH 38019'33" EAST, SAID CURVE BEING ALSO
THE SOUTHWESTERLY LINE OF SAID LOS ANGELES RIVER; (5) THENCE
NORTHWESTERLY ALONG SAID CURVE AND SAID COMMON BOUNDARY
THROUGH A CENTRAL ANGLE OF 3005'36" A DISTANCE OF 320.13 FEET; (6)
THENCE NORTH 54046'03" WEST 1560.41 FEET ALONG THE
SOUTHWESTERLY LINE OF SAID LOS ANGELES RIVER AND COMMON
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 3
BOUNDARY TO THE SOUTHEASTERLY LINE OF SAID ATLANTIC BOULEVARD;
(7) THENCE CONTINUING ALONG SAID COMMON BOUNDARY NORTH
54046'03" WEST 100.08 FEET TO THE NORTHWESTERLY LINE OF SAID
ATLANTIC BOULEVARD; (8) THENCE ALONG SAID NORTHWESTERLY LINE
AND COMMON BOUNDARY NORTH 33000'47" EAST 500.38 FEET TO THE
NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID
LOS ANGELES RIVER; (9) THENCE SOUTH 54046'03" EAST 100.08 FEET
ALONG SAID PROLONGATION AND COMMON BOUNDARY TO THE POINT OF
BEGINNING.
CONTAINING: 23.10 ACRES
0.036 SQ. MI.
PARCEL 2
THAT PORTION OF THE RANCHO LAGUNA, IN THE CITY OF BELL, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED AS
EXHIBIT "A" IN CASE NO. B-25296 OF THE SUPERIOR COURT OF SAID STATE,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF
ATLANTIC BOULEVARD (85 FEET WIDE) WITH THE CENTERLINE OF A
DRAINAGE EASEMENT TO THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT (32 FEET WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 4
TRANSPORTATION (CALTRANS) DISTRICT SEVEN RIGHT-OF-WAY MAP
NO. F1524, SHEET 6; THENCE ALONG SAID CENTERLINE OF ATLANTIC
BOULEVARD NORTH 63025'40"EAST 16.00 FEET TO THE NORTHEASTERLY
LINE OF SAID DRAINAGE EASEMENT AND THE POINT OF BEGINNING OF
THIS DESCRIPTION, SAID NORTHEASTERLY LINE ALSO BEING THE COMMON
BOUNDARY BETWEEN THE CITY OF BELL AND THE CITY OF VERNON AS
SAME EXISTED ON JULY 11 1998; THENCE ALONG SAID COMMON
BOUNDARY THE FOLLOWING COURSES: (1) NORTH 26°34'17" WEST 45.00
FEET TO THE NORTHWESTERLY LINE OF SAID ATLANTIC BOULEVARD; (2)
THENCE ALONG SAID NORTHWESTERLY LINE AND COMMON BOUNDARY
NORTH 63025'40" EAST 754.11 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE SOUTHWESTERLY IN THE SOUTHERLY RIGHT-OF-WAY
LINE OF BANDINI BOULEVARD (80 FEET WIDE) AS SHOWN ON SAID MAP
NO. F1524, SHEET 6, SAID CURVE HAVING A RADIUS OF 30.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS SOUTH 59051'10"
EAST; (3) THENCE IN A DIRECT LINE ALONG SAID COMMON BOUNDARY
NORTH 61 °35'46" EAST 149.21 FEET TO THE MOST WESTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO SAID STATE (FOR
ATLANTIC BOULEVARD), RECORDED IN BOOK 14186, PAGE 110 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; (4)
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 5
THENCE ALONG SAID NORTHWESTERLY LINE OF ATLANTIC BOULEVARD
NORTH 63025'26" EAST 172.81 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1950.00 FEET; (5)
THENCE NORTHEASTERLY ALONG SAID CURVE AND CONTINUING ALONG
SAID NORTHWESTERLY LINE AND COMMON BOUNDARY THROUGH A
CENTRAL ANGLE OF 12030'01 AN ARC DISTANCE OF 425.43 FEET; (6)
THENCE TANGENT TO SAID CURVE NORTH 50055'25" EAST 35.80 FEET; (7)
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE AND COMMON
BOUNDARY NORTH 48029'04"EAST 524.46 FEET TO ITS INTERSECTION WITH
THE NORTHEASTERLY LINE OF 26TH STREET (60 FEET WIDE) AS SHOWN
ON CALTRANS RIGHT-OF-WAY MAP NO. F1525-1, SAID LINE ALSO BEING THE
SOUTHERLY LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD
R►GHT-OF-WAY (100 FEET WIDE), SAID INTERSECTION BEING AN ANGLE
POINT IN SAID COMMON BOUNDARY, SAID INTERSECTION ALSO BEING AN
ANGLE POINT IN THE COMMON BOUNDARY BETWEEN THE CITY OF BELL
AND THE CITY OF COMMERCE AS SAME EXISTED ON SAID DATE; (8)
THENCE ALONG SAID LAST MENTIONED COMMON BOUNDARY AND ALONG
SAID NORTHEASTERLY LINE SOUTH 68000" 8" EAST 677.3 FEET, MORE OR
LESS, TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY
Description of Reorganization 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Page 6
LINE OF LOT 92 OF SAID RANCHO LAGUNA; (9) THENCE LEAVING SAID
COMMON BOUNDARY AND ALONG SAID PROLONGATION AND
SOUTHEASTERLY LINE SOUTH 21 °58'47" WEST 1069.22 FEET TO THE
SOUTHWESTERLY LINE OF BANDINI BOULEVARD (100 FEET WIDE) AS
DESCRIBED IN DEED TO THE CITY OF BELL, RECORDED IN BOOK D6459,
PAGE 619 OF SAID OFFICIAL RECORDS; (10) THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 67057'50" WEST 1221.7 FEET, MORE OR
LESS, TO A LINE PARALLEL WITH AND DISTANT 20 FEET SOUTHEASTERLY
FROM THE SOUTHEASTERLY LINE OF SAID ATLANTIC BOULEVARD (85 FEET
WIDE) AS SHOWN ON CALTRANS RIGHT-OF-WAY MAP NO. F1524-6; (11)
THENCE ALONG SAID PARALLEL LINE SOUTH 63025'40" WEST 878.76 FEET
TO THE NORTHEASTERLY LINE OF SAID DRAINAGE EASEMENT AND SAID
FIRST MENTIONED COMMON BOUNDARY AS SHOWN ON SAID
RIGHT-OF-WAY MAP NO. F1524-6; (12) THENCE ALONG SAID
NORTHEASTERLY LINE AND SAID LAST MENTIONED COMMON BOUNDARY
NORTH 26°34'17" WEST 60.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 25.96 ACRES.
0.041 SO. MI.
PARCELS 1 AND 2 CONTAINS: 49.06 ACRES
0.077 SQ. MI.
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NOTICE OF PUBLIC HEARING TO CONSIDER
THE REORGANIZATION OF TERRITORY
(ANNEXATION TO THE CITY OF VERNON
FROM THE CITY OF BELL)
NOTICE IS HEREBY GIVEN that a public hearing will be held
before the City Council of the City of Vernon in accordance with
Government Code Section 57050 to consider the detachment of
approximately 49.06 acres of property from the City of Bell and
the annexation of such property to the City of Vernon.
Proceedings for the referenced proposal were initiated by
the City of Vernon by an Application to Initiate Proceedings for
Change of Organization/Reorganization which was submitted to the
Los Angeles County Local Agency Formation Commission ("LAFCO").
The short -form designation of the proposal which was
assigned by LAFCO is "Reorganization No. 98-1, Parcels 1 and 2"
between the Cities of Bell and Vernon.
A description of the boundaries of the subject territory,
as approved by LAFCO, is set forth in Exhibit "A," attached hereto
and incorporated herein by this reference.
The proposed terms and conditions are:
(a) Detachment of the subject territory from the
Consolidated Fire Protection District of Los
Angeles County, the Greater Los Angeles County
Vector Control District and the Los Angeles County
Library District.
(b) The City of Vernon shall accept all facilities
transferred from the City of Bell in an "as is"
condition, without any payment or repair obligation
from the City of Bell.
(c) The City of Vernon will not issue a permit/license
. t , ; for operation of a gaming facility within the
subject area (bingo parlor, card club, casino,
etc.).
(d) The City of Vernon will not withhold approval of
driveway installations to the south side of Bandini
Boulevard as long as they meet the City standards
as to distance from the curb return and
construction detail.
(e) Liability operation/maintenance and upgrade
responsibility for any affected traffic signals
within 100 feet of City boundaries will be split
based on the number of legs owned by each affected
City feeding into the intersection.
(f) The City of Vernon and the City of Bell agree that
once specific revenue generated from the subject
territory exceeds annual operation and maintenance
cost and the cost of capital improvements within
the subject territory, commencing with the first
full fiscal year following the date of recordation
of the proposed action by LAFCO, revenues shall be
split on a 60% - 40% basis. Sixty percent (60%) is
to be received by the City of Vernon and forty
percent (40%) is to be received by the City of
Bell. The specific revenue sources to be split
between the two Cities shall include Property
Taxes, Sales Taxes and Transient Occupancy (Hotel)
Taxes, if applicable.
2
.1 The reason for the proposal is to reorganize territory by
detaching from the City of Bell and annexing to the City of Vernon
two non-contiguous parcels of land comprising approximately 49.06
acres of uninhabited territory, located at the Western edge of the
City of Bell generally along the Los Angeles River and Bandini
Boulevard, respectively.
The hearing is scheduled for August 3, 1999, at 5:00
p.m., or as soon thereafter as the matter may be heard, in the
City Council Chambers located at 4305 Santa Fe Avenue, Vernon,
California 90058.
Any owner of land within the territory to be reorganized
may file a written protest against the proposal with the Clerk of
the City of Vernon at any time prior to the conclusion of the
hearing on the proposal by the City of Vernon.
3
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 583-5236
August 24, 1999 ,
A-2
Larry J. Calemine
Executive Officer
Local Agency Formation Commission
383 Kenneth Hahn Hall of Administration
500 W. Temple Street
Los Angeles, CA 90012
RE: Reorganization No. 98-1, Detachment from the City of Bell,
Annexation to the City of Vernon
Dear Mr. Calemine:
The following information is regarding the limiting
addresses for the reorganization of territories between the City
of Vernon and the City of Bell.
Parcel No. 1 has no addresses. It consists of Los Angeles
Junction Railroad tracks, the Atlantic Boulevard Bridge crossing
and a portion of the Los Angeles riverbed.
Parcel No. 2 is a vacant parcel and has not been assigned
any addresses to date. When the parcel is developed it will be
assigned addresses within the following range: On Atlantic
Boulevard between 2600 and 3000, even numbers only, and Bandini
Boulevard between 5301 and 5401, odd numbers only.
Larry J. Calemine -2 August 24, 1999
A check in the amount of Two Thousand Four Hundred Dollars
($2,400.00), made payable to the State Board of Equalization, is
enclosed.
Very truly yours,
4'�Ne�
o r c
Chief Deput ity Clerk
/ps
Enclosure
cc: Bob Rizzo, City of Bell
C:\My Documents\LETTERS\LAFCOGJO.doc
II807377811' 1:L2210LL90:4L59 283738116
AST\/ Ar•/cA\�A\I - r --A - AllC - \/CDAI(YAI l'AI 1Mr%DK11A nnncn_nanr
VENDOR NO.
VENDOR NAME
DATE CHECK ISSUED
ChfECKNQ, , ..
009163 State Board of Equalization 8/18/99 73778
CITY ACCOUNT NUMBER YOUR INVOICE NO. YOUR INVOICE DATE PAYMENT DESCRIPTION DISCOUNTTAKEN NET 4MOUN1 PXii
011-501-1003-5200
LAFCO Filing -reorganization #98
1
$2,400.00
(Bell and .Vernon)
SS - 9/7/99
I 1*
CITY ATTORNEY'S OFFICE
CITY OF VERNON
MEMORANDUM
TO: Gloria Orosco
FROM: Eduardo Olivo
DATE: August 4, 1999
RE: Annexation Proceedings -Reorganization No. 98-1, Parcels 1 and
Between the Cities of Bell and Vernon
The attached opinion letter was received and filed at the City Council
meeting held on August 3, 1999.
Attachment
1W It,
.CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 3, 1999
Bruce V . Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058-0805
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Eduardo Olivo (626) 336-3408
Re: Annexation Proceedings -Reorganization No. 98-1, Parcels 1 and 2
Between the Cities of Bell and Vernon
Dear Mr. Malkenhorst:
On June 9, 1999, the Local Agency Formation Commission of the County of Los
Angeles ("LAFCO") adopted its Resolution No. 1999-22, which authorized the City of
Vernon, as the conducting authority, to conduct subsequent proceedings in compliance with
its Resolution and pursuant to the Cortese/Knox Local Government Reorganization Act of
1985.
Pursuant to Section 57025 of the Government Code, a protest hearing has been
scheduled for August 3, 1999. The hearing is designed to provide land owners within the
territory to be annexed, to file written protests regarding the annexation.
The City has provided notice of the public hearing. The City posted and published
notice in a timely fashion. The City was also required to mail notice to each affected city,
affected district or affected county, to LAFCO, to all land owners owning land within any
territory to be annexed, and to persons requesting special notice. The Community Services
Department hand -delivered notice to the City of Bell, and mailed notice to all land owners.
However on July 26, 1999, I was advised that the Community Services Department
R
Bruce V. Malkenhorst
August 3, 1999
Page 2
inadvertently failed to provide notice by mail to LAFCO and to the affected districts.
On July 26, 1999, I contacted the Executive Director for LAFCO, Larry Calemine.
Mr. Calemine advised that LAFCO would accept service by the City at any time.
On July 26, 1999, the Community Services Department mailed the required notice to
LAFCO, the Consolidated Fire Protection District, the Greater Los Angeles Vector Control
District and the Los Angeles County Library Control District (collectively, the "Districts").
The notices were also personally delivered to these Districts on July 27, 1999.
The service by mail on the Districts, seven days before the proposed public hearing
date of August 3, 1999, did not technically satisfy the requirement of 15 days notice in
Section 56156 of the Government Code. Nevertheless, the City can comply with the intent
of the statute by not closing the hearing until the Districts have had the time required by the
statute to participate in the hearing.
The service issue in this matter is similar to substantial compliance cases involving
service of process. It is well established that strict compliance with statutes governing
service of process is not required. Rather, in deciding whether service was valid, the courts
have held that the statutory provisions regarding service should be liberally construed to
effectuate service and uphold the jurisdiction of the courts if actual notice has been received
by the defendant. Pasadena Medical Center Associates v. Superior Court (1973) 9 Cal. 3d
773, 778; County of Riverside v. Superior Court of Riverside County (1977) 54 Cal. App.
4th 443, 448. Where a reasonable attempt has been made to comply with the statute in good
faith, and there was no attempt to mislead or conceal, the doctrine of substantial compliance
holds that the statute may be deemed satisfied. Davis v. Allstate Ins. Co. (1989) 217 Cal. 3d
1229, 1231; Perry v. City of San Diego (1947) 80 Cal. App. 2d 166, 169.
The intent of the notice requirement in Sections 56156 and 57025 of the Government
Code is to provide land owners in the territory to be annexed, an opportunity to file written
protests and to give other members of the public an opportunity to participate in the hearing.
The requirement of service on LAFCO and the Districts is intended to allow those agencies
the opportunity to protect their interests in the proceeding. Because Section 56156 requires
15 days notice, the Legislature has obviously determined that such a notice period is
sufficient to protect the interests of these agencies.
Bruce V. Malkenhorst
August 3, 1999
Page 3
Because the Districts were not served until June 26, 1999, seven days before the
hearing, I recommend that the City Council take the following action:
1. Proceed with the public hearing on August 3, 1999 and accept all written
protests by land owners and/or protests or comments by any member of the
public, affected city, LAFCO, or the affected Districts;
2. After all protests and comments have been received, continue the hearing to
August 17, 1999, at which time further comments may be made by the public
and the Districts.
By opening the public hearing on August 3, 1999, all interested parties who timely
received notice will have an opportunity to file whatever protest, comments or testimony they
believe should be filed. The Districts will also have that opportunity. Nevertheless, by not
closing the hearing and continuing it to August 17, 1999, the Districts will have additional
time to participate in the hearing and file written protests and/or comments. The Districts
will then have had a total of 21 days from the time that they were served with notice of the
public hearing by mail to participate fully in the hearing. Thus, they will have had more
than the 15 days required by Section 56156.
By proceeding in this fashion, the City will have substantially complied with the
notice requirements of the Government Code. If you have any questions, I will be available
at the time of the public hearing to provide a response.
Very truly yours,
(Sal -
Eduardo Olivo for
David B. Brearley,
City Attorney
C-LTR-53
r
MEMORANDUM cc))�
�
By Facsimile and Regular Mail
TO: Kevin Wilson, Director of Community Services & Water
FROM: Da i B. rearley, City Attorney
by: i and J. Morillo
DATE: June 15, 1999
SUBJECT: Atlantic/Bandini Project -- Annexation
We have reviewed the copy of LAFCO's Resolution No. 1999-22
which you faxed to us this morning. LAFCO has approved the City's
application and has designated the City as the "conducting
authority" for subsequent proceedings in the annexation process.
The resolution was adopted by LAFCO on June 9, 1999.
The next order of business is to schedule a protest hearing
before the Vernon City Council. Under Government Code § 57002,
the City Clerk is authorized to schedule and give notice of a
hearing on the proposed annexation. Because the § 57002 confers
authority directly on the City Clerk, we believe it is unnecessary
to request Council authorization, although the City can do that if
it so desires. Notice must be given within 35 days of the
adoption of LAFCO's resolution. This means notice must be given
no later than July 14, 1999. The public hearing must be scheduled
not less than 15 days, nor more than 60 days, from the date of the
notice. Notice must be given in three forms -- by mail, by
posting and by publication. Once scheduled, the hearing may be
continued from time to time, but under § 57050 the matter may not
be continued for more than 60 days from the hearing date set forth
in the original notice.
Government Code § 50025 prescribes more specifically how
Kevin Wilson Page 2 June 15, 1999
notice is to be given. In the case of the Vernon/Bell
annexation, the notice requirements are as follows:
• By publication pursuant to §§ 56153 and 56154. Under
these sections, notice of the hearing must be published
one time at least 15 days before the hearing in one or
more newspapers of general circulation within each
"affected county, affected city, or affected district."
This means the notice must be published in one or more
newspapers of general circulation in Vernon and Bell as
well as the territories of the three County districts
affected by the proposal. Note that it is not required
that the newspaper be "published" within the affected
county, city or district. Hence, publication in the
Metropolitan News at least 15 days in advance of the
hearing will suffice.
• By posting notice pursuant to § 56158 and 56159.
Section 56158 requires that notice be posted "on or
near the doors of the meeting room of the legislative
body . . . or upon any official bulletin board used for
the posting of public notices by, or pertaining to, the
legislative body . . ." Posting in the three usual
places for posting City notices will satisfy this
requirement. Section 56159 provides that notice must
first posted at least 15 days before the hearing and
must remain posted for at least 5 days.
Kevin Wilson Page 3 June 15, 1999
• By mailing notice to each affected city, affected
district, or affected county; to LAFCO (care of the
Executive Director); to all landowners owning land
within any territory proposed to be formed into,
annexed to, or detached from an improvement district,
and to persons requesting special notice. Such notices
must be mailed in accordance with §§ 56155 and 56156,
which prescribes first class mail, postage prepaid, at
least 15 days before the hearing. Notice is deemed
given when deposited in the mail.
• Lastly, § 57025(c) states that in the case of a
proposed annexation to a city of affected territory
consisting of 75 acres or less, the clerk of the
conducting authority shall give mailed notice to each
landowner within the affected territory. Though the
statute is silent on how this notice should be given,
we recommend that it be given in the same manner as
mailed notice discussed in the preceding paragraph.
Government Code § 57026 sets forth the required contents of
the hearing notice. The section is lengthy, and in lieu of
summarizing it we have simply attached a copy to this memorandum.
Note that Government Code § 57001 states that if the
conducting authority does not complete proceedings within one
year after LAFCO approves a proposal for that proceeding, the
proceedings shall be deemed abandoned. Similarly, § 57005
Kevin Wilson Page 4 June 15, 1999
provides that if the conducting authority fails to initiate
proceedings within 60 days of the date of the LAFCO approval, the
Board of Supervisors can assume jurisdiction and complete the
reorganization process exercising the same powers and the
conducting authority.
The purpose of the hearing is to determine whether there is
a "majority protest" to the proposed annexation. Under § 57050
et seq., protests may be written or oral. A majority protest
exists if protests are filed or presented by the owners of land
constituting more than 50% of the assessed valuation of the
entire annexation area.
At the conclusion of the hearing, if there is no majority
protest, the Council adopts a resolution ordering the annexation.
Because the territory involved here is uninhabited, it does not
appear necessary to submit the matter to the voters of Vernon or
Bell for approval. As we discussed, however, this is based upon
our reading of Government Code § 57075(b), and there would be no
harm in contacting LAFCO to be certain LAFCO concurs.
There are other technical matters that pertain to this
process that we will discuss as the need arises. We are
preparing a proposed hearing notice, which we hope to forward to
you early next week.
In the meantime, if you have any questions, please call.
cc: Bru Malkenhorst, City Administrator/City Clerk
GOVERNMENT CODE \ Title 5 Local Agencies \ Division 3 Cortese -Knox Local
Government Reorganization Act of 1985 \ Part 4 Conducting Authority Proceedings for
Changes of Organization or Reorganization \ Chapter 2 Notice of Hearing \ § 57026.
Contents of mailed notice \ Text
The mailed notice required to be given by Section 57025 shall contain all of the following
information:
(a) A statement of the distinctive short form designation assigned by the commission to the
proposal.
(b) A statement of the manner in which, and by whom, proceedings were initiated. However, a
reference to the chief petitioners, if any, shall be sufficient where proceedings were initiated by a
petition.
(c) A description of the exterior boundaries of the subject territory.
(d) A description of the particular change or changes of organization proposed for each of the
subject districts or cities and new districts or new cities proposed to be formed, and any terms and
conditions to be applicable. The description may include a reference to the commission's
resolution making determinations for a full and complete description of the change of organization
or reorganization, and the terms and conditions.
(e) A statement of the reason or reasons for the change of organization or reorganization as
set forth in the proposal submitted to the commission.
(f)
(1) Except as otherwise provided in paragraph (2), a statement of the time, date, and place of
the hearing on the proposed change of organization or reorganization.
(2) Notwithstanding paragraph (1), if inhabited territory is proposed to be annexed to a city
with more than 100,000 residents which is located in a county with a population of over
4,000,000 the date shall be at least 90 days, but not more than 105 days, after the date of
adoption of the resolution initiating the proceedings. The resolution shall specify a date 90 days
prior to the hearing when registered voters may begin to file protests.
(g) If the subject territory is inhabited and the change of organization or reorganization
provides for the submission of written protests, a statement that any owner of land within the
territory, or any registered voter residing within the territory, may file a written protest against the
proposal with the clerk of the conducting authority at any time prior to the conclusion of the
hearing by the conducting authority on the proposal.
(h) If the subject territory is uninhabited and the change of organization or reorganization
provides for submission of written protests, a statement that any owner of land within the territory
may file a written protest against the proposal with the clerk of the conducting authority at any
time prior to the conclusion of the hearing by the conducting authority on the proposal.
Copyright 1999 LEXIS Law Publishing, a division of Reed Elsevier Inc. All Rights Reserved
` . t
July 7, 1999
TO: Bruce V. Malkenhorst, /City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: ANNEXATION
On June 9., 1999 the Los Angeles County Local Agency
Formation Commission adopted a resolution making certain
determinations and approving reorganization No. 98-1, Parcels 1
and 2 between the City of Bell and Vernon. Attached for your
records is a letter from LAFCO stating such and a copy of the
resolution.
The City of Vernon must now conduct a protest hearing. The
hearing gives property owners and interested parties the
opportunity to submit oral or written comments regarding the
reorganization. The hearing has been scheduled for
August 3, 1999. Please execute the hearing notice so that the
Community Services Department may have it published, posted and
mailed in accordance with State Law.
SKW:ps
Attachment
cc: City Attorney
MEMO.BVMA2
June 10, 1999
Mr. Samuel Kevin Wilson, P.E.
Director of Community Services & Water
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Dear Mr. Wilson:
VSD
JUN 14 1999
C11rnunity Services
THOMAS E. JACKSON
CHAIRMAN
HALBERNSON
YVONNE BRATHWAITE BURKE
LARRYCONNELLY
JAMES DIGIUSEPPE
HENRI F. PELLISSIER
BEATRICE PROO
WILLIAM WENTWORTH
ZEV YAROSLAVSKY
ALTERNATE MEMBERS
KENNETH 1. CHAPPELL
RICHARD H. CLOSE
CRISTINA CRUZ-MADRID
JOHNFERRARO
DON KNABE
GORDON KNOPP
STAFF
LARRY J. CALEMINE
EXECUTIVE OFFICER
JUNE D. SAVALA
EXECUTIVE ASSISTANT
At its meeting of June 9, 1999, the Local Agency Formation Commission adopted the
attached resolution making determinations and approving Reorganization No. 98-1, Parcels 1 and 2,
between the Cities of Bell and Vernon.
Upon adoption of the final resolution ordering the reorganization, please transmit the
following to the LAFCO office:
1. One original signed and seven certified copies of the resolution.
2. A check for $2,400.00, made payable to the State Board of Equalization.
3. A map of limiting addresses. An alphabetical list of all streets within the affected
area to include beginning and ending street numbers.
In all further proceedings, please use the attached map and legal description approved by
LAFCO.
Sincerely,
Larry
Executi
Attachments
c:\document\bellvemon98-1
383 KENNETH HAHN HALL OF ADMINISTRATION/500 WEST TEMPLE STREET/LOS ANGELES, CALIFORNIA 90012
(213) 974-1448 • FAX (213) 617-2201
l
Kevin Wilson
July 2, 1999
Page 2
in the location which they typically post matters. You should have someone do the physical
posting after permission is obtained from Bell. If Bell only posts in one place, posting in that
location will be sufficient. If they post in more than one place, we should post in all of those
locations. The proper affidavit should also be prepared.
3. Mailing. You will be mailing to all land owners owning land within any territory
proposed to be formed, into, next to or detached. You must also provide notice to any person
requesting special notice. Such notices must be mailed first class mail, postage prepaid, at least
15 days before the hearing. We have decided to also send such notice by certified mail.
Please note that we must provide such notice to each affected city, affected district, or
affected county and to LAFCO (c/o Executive Director).
If you have any questions, we should discuss them prior to the time that you send out the
notice.
Very truly yours,
Eduardo Olivo for
David B. Brearley,
City Attorney
Enclosures
CAWPJAMC-L7R-23
CITY ATTORNEYS OFFICE
CITY OF VERNON
VIA FACSIMILE AND MAIL
TO: Bruce Malkenhorst
City Administrator
FROM: Eduardo Olivo
DATE: July 26, 1999
RE: Bandini/710 Annexation Proceedings -- Protest Hearing
Please be advised that, pursuant to the Government Code, we have set a
protest hearing for the above -referenced matter for August 3, 1999. The
Government Code required the City to provide such notice of the hearing
before July 14, 1999. The notice was timely.
The City was also required to publish and post the notice. I am
advised that the City timely published and posted the notice.
Finally, the City was required to mail notice to each affected city,
affected district or affected County; to LAFCO; to all landowners owning
land within any territory proposed to be annexed; and to persons requesting
special notice. The Community Services Department was advised of this
requirement on June 15, 1999 and on July 2, 1999. However, today I was
informed that the notice was not mailed to LAFCO, the Consolidated Fire
Protection District, the Greater Los Angeles Vector Control District and
the Los Angeles County Library Control District. Therefore, the
requirement of service by mail was not fully satisfied.
I am in the process of determining how to remedy this situation and
will advise you in the near future. If you have any questions, please
contact me.
August 24, 1999
AUG 2 6 1999
(;Omni unity Srrviccs
Mr. David Martin
Supervisor, Tax Area Services
State Board of Equalization
P.O. Box 1713
Sacramento, California 95812-1713
THOMAS E. JACKSON
CHAIRMAN
HALBERNSON
YVONNE BRATHWAITE BURKE
LARRY CONNELLY
JAMES DIGIUSEPPE
HENRI F. PELLISSIER
BEATRICE PROO
WILLIAM WENTWORTH
ZEV YAROSLAVSKY
ALTERNATE MEMBERS
KENNETH 1. CHAPPELL
RICHARD H. CLOSE
CRISTINA CRUZ-MADRID
JOHNFERRARO
DON KNABE
GORDON KNOPP
RE: REORGANIZATION 98-1 BETWEEN THE CITIES OF VERNON & BELL
Dear Dave:
STAFF
LARRY J. CALEMINE
EXECUTIVE OFFICER
JUNE D. SAVALA
EXECUTIVE ASSISTANT
The enclosed filings are submitted to your office in compliance with Government Code
Section 54900 et seq.
The enclosed check for $2400.00 and cover the required fees for this reorganization.
The effective date of the reorganization is August 24, 1999.
Sincerely,
June D. Savala
Executive Assistant
Encl
c: Assessor
Auditor -Controller
Public Works -Mapping
Registrar -Recorder
Margarita Cabrera - CSD
383 KENNETH HAHN HALL OF ADMINISTRATION/S00 WEST TEMPLE STREET/LOS ANGELES, CALIFORNIA 90012
(213) 974-1448 • FAX (213) 617-2201
LOCAL AGENCY FORMATION COMMISSION
LOS ANGELES COUNTY
CERTIFICATE OF COMPLETION
BOUNDARY CHANGE OF CITY
I, Larry J. Calemine, Executive Officer of the Local Agency
Formation Commission of the County of Los Angeles, do hereby certify
that I have examined the attached documents with respect to the
uninhabited proposal designated as:
"REORGANIZATION NO. 98-1, PARCELS 1 AND 2" BETWEEN THE CITIES OF
BELL AND VERNON
and have found said documents to be in compliance with the
resolution of approval adopted by the Local Agency Formation
Commission of the County of Los Angeles on June 9, 1999.
All of the information required by the State law is contained in the
attached documents and by this reference incorporated herein.
The affected territory shall not be taxed for any existing general
indebtedness or contractual obligations.
The effective date of this boundary change of city is
August 23, 1999.
STATE OF CALIFMIA
COUNTY OF LOG ANGELES IN WITNESS WHEREOF, I execute this
I— OW1Mtd"akaamowredapyofso Certificate this 23rd day of August 1999.
Cow"�° a 2 Comphftn 1999 ft La
Aroft
on 991584859
As No.
UkARY.1 CALAMINEuT/�Er mcommiss
pemAno
LARF
r
500 West Temple Street, Room 383, Los Angeles, California 90012 (213)974-1448
NOTICE OF PUBLIC HEARING TO CONSIDER �(
THE REORGANIZATION OF TERRITORY
(ANNEXATION TO THE CITY OF VERNON
FROM THE CITY OF BELL)
NOTICE IS HEREBY GIVEN that a public hearing will be held
before the City Council of the City of Vernon in accordance with
Government Code Section 57050 to consider the detachment of
approximately 49.06 acres of property from the City of Bell and
the annexation of such property to the City of Vernon.
Proceedings for the referenced proposal were initiated by
the City of Vernon by an Application to Initiate Proceedings for
Change of Organization/Reorganization which was submitted to the
Los Angeles County Local Agency Formation Commission ("LAFCO").
The short -form designation of the proposal which was
assigned by LAFCO is "Reorganization No. 98-1, Parcels 1 and 2"
between the Cities of Bell and Vernon.
A description of the boundaries of the subject territory,
as approved by LAFCO, is set forth in Exhibit "A," attached hereto
and incorporated herein by this reference.
The proposed terms and conditions are:
(a) Detachment of the subject territory from the
Consolidated Fire Protection District of Los
Angeles County, the Greater Los Angeles County
Vector Control District and the Los Angeles County
Library District.
(b) The City of Vernon shall accept all facilities
transferred from the City of Bell in an "as is"
condition, without any payment or repair obligation
from the City of Bell.
(c) The City of Vernon will not issue a permit/license
� �(
7 �-
s:
The reason for the proposal is to reorganize territory Yiy.
detaching from the City of Bell and annexing to the City of Vernon
two non-contiguous parcels of land comprising approximately 49.06 F..
acres of uninhabited territory, located at the Western edge of they{:
City of Bell generally along the Los Angeles River and Bandini
Boulevard, respectively.
The hearing is scheduled for August 3, 1999, at 5:00
p.m., or as soon thereafter as the matter may be heard, in the
City Council Chambers located at 4305 Santa Fe Avenue, Vernon,
California 90058.
Any owner of land within the territory to be reorganized
may file a written protest against the proposal with the Clerk of
the City of Vernon at any time prior to the conclusion of the
hearing on the proposal by the City of Vernon.
BRUC V. MALKENHOR , CITY CLERK
3
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, County of Los Angeles, State of California, do
hereby certify that the attached is a true and correct copy of:
RESOLUTION NO. 7384 - A Resolution of the It
City Council of the City of Vernon Ordering
the Reorganization of Territories Designated
as "Reorganization No. 98-1, Parcels 1 and 2"
Between the Cities of Bell and Vernon
(Detachment from the City of Bell, Annexation
to the City of Vernon) Pursuant to the
Cortese/Knox Local Government Reorganization
Act of 1985.
The original of same is on file in the office of the
City Clerk of the City of Vernon, said offices being in the City
of Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Official Seal of the City of Vernon, County of Los
Angeles, State of California, on this 18"' day of August,�999.
Uloria J . Oro2go
Chief DeputytCitY Clerk
AFFIDAVIT OF DELIVERY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Peter Pirnejad, Planning Assistant of the City of
Vernon, do hereby certify that I did, on the 27t' day of July, 1999,
hand delivered five (5) copies of:
A COVER LETTER, LETTER OF NOTIFICATION, AND NOTICE OF PUBLIC
HEARING, to be held on August 3, 1999, (see attached copies) for
the City Council of the City of Vernon to hold a public hearing in
accordance with Government Code Sections 57050 to consider the
detachment of approximately 49.06 acres of property from the City
of Bell and.annexation of such properties to the City of Vernon.
One copy was hand delivered at 12:54 pm, intended for Bob Rizzo,
City Manager and received by Patricia Casjens, City Clerk of the
City of Bell located at 6330 Pine Avenue in the City of Bell; A
second copy was hand delivered at 1:40 pm, intended for Sandra
Reuben, County Librarian and received by Alicia Alverez,
Receptionist of the Los Angeles County Library District located at
7400 East Imperial Highway in the City of Downey; A third copy was
hand delivered at 2:45 pm, intended for Jack Hazelrigg, Ph.D.,
District Manager and received by Alberta Roy, Office Manager of the
Greater Los Angeles Vector Control District located at 12545
Florence Avenue in the City of Santa Fe Springs; A fourth copy was
delivered at 3:05 pm, intended for P. Michael Freeman, Fire Chief
and received by Chris Core, Senior Management Secretary of the
Consolidated Fire Protection District of Los Angeles County located
at 1320 North Eastern Avenue in the City of Los Angeles; A fifth
copy was hand delivered at 3:56 pm intended for Larry J. Calemine,
Executive Officer and received by June D. Savala, Executive
Assistant of the Local Agency Formation Commission located at 500
West Temple Street in the City of Los Angeles.
Date: July 28, 1999
State of California
f
Peter Pirnejad, Planning Assistant
ss.
County of Los Angeles )
On '7_l:-;)-q hci before me, RAO"-tlnej -s \/0.1c��7.Var�o, Notary
Public, personally appeared Peter Pirnejad, personally known to me
(or known to me on the bas±s of sat±sfactury ev-±dence)/- 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 fiaj -executad the
instrument. MAMHA S. VALENBJHA
CommWon B 1098533
WITNESS hand and official seal `�' waypuUIC-ComORi
Los Angwo County►
My Cam. E Moy 23.2=
v
RESOLUTION 1999-22
RESOLUTION OF THE LOCAL AGENCY FORMATION
COMMISSION OF LOS ANGELES COUNTY
MAKING DETERMINATIONS AND APPROVING
"REORGANIZATION NO.98-1, PARCELS I -AND 2"
BETWEEN THE CITIES OF BELL AND VERNON
(Detachment from the City of Bell, annexation to the City of Vernon)
RESOLVED, by the Local Agency Formation Commission of the County of Los Angeles,
State of California, that
WHEREAS, an application for the proposed reorganization of certain territory between the
City of Bell and the City of Vernon in the County of Los Angeles has been filed with the Executive
Officer of this Local Agency Formation Commission, pursuant to Title 5, Division 3, commencing
with Section 56000 of the Government Code; and
WHEREAS, the Executive Officer has reviewed the proposal and prepared a report,
including his recommendation thereon, the proposal and report having been presented to and
considered by this Commission; and
WHEREAS, this Commission called for and held a public hearing on the proposal on
June 9, 1999 and at the hearing this Commission heard and received all oral and written protest,
objections and evidence which were made, presented or filed, and all persons present were given an
opportunity to hear and be heard with respect to this proposal and the report of the Executive Officer;
and
WHEREAS, the Commission certifies that it has reviewed and has found the lead agency's
negative declaration to be adequate for consideration of this proposal.
Resolution No. 1999-22
Page 2
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Commission hereby amends the spheres of influence for the City of Bell and the
City of Vernon to: (a) remove the subject territory from the City of Bell's sphere of influence; (b)
add the territory to the City of Vernon's sphere of influence.
2. Subject to the terms and conditions hereinafter specified, said resolution is approved.
3: A description of the boundaries of the proposal, as approved by this Commission, is
set forth in Exhibit "A," attached hereto and by this reference incorporated herein.
4. The territory includes 49.06 acres, is found to be uninhabited, and is assigned the
following distinctive short form designation:
"Reorganization No. 98-1, Parcels 1 and 2"
between the Cities of Bell and Vernon
5. Any resolution ordering the reorganization shall provide that the reorganization shall
be made subject to the following terms and conditions:
a) Detachment of the subject territory from the Consolidated Fire Protection District of
Los Angeles County, the Greater Los Angeles County Vector Control District and
the Los Angeles County Library District.
b) The City of Vernon shall accept all facilities transferred from the City of Bell in an
"as is" condition, without any payment or repair obligation from the City of Bell.
c) The City Vernon will not issue a permit/license for operation of a gaming facility
within the subject area (bingo parlor, card club, casino, etc.).
Resolution No. 1999-22
Page 3
d) The City of Vernon will not withhold approval of driveway installations to the south
side of Bandini Boulevard as long as they meet the City standards as to distance from
the curb return and construction detail.
e) Liability operation/maintenance and upgrade responsibility for any affected traffic
signals within 100 feet of City boundaries will be split based on the number of legs
owned by each affected City feeding into the intersection.
f) The City of Vernon and the City of Bell agree that once specific revenue generated
from the subject territory exceeds annual operation and maintenance cost and the cost
of capital improvements within the subject territory, commencing with the first full
fiscal year following the date of recordation of the proposed action by LAFCO,
revenues shall be split on a 60% - 40% basis. Sixty percent (60%) is to be received
by the City of Vernon and forty percent (40%) is to be received by the City of Bell.
The specific revenue sources to be split between the two Cities shall include Property
Taxes, Sales Taxes and Transient Occupancy (Hotel) Taxes, if applicable.
6. The City of Vernon in the County of Los Angeles is designated the conducting
authority, and the City Council of said City is hereby authorized to conduct subsequent proceedings
in compliance with this resolution, pursuant to the Cortese/Knox Local Government Reorganization
Act of 1985 (Division 3 of Title 5 of the Government Code, commencing with Section 57000).
7. The Executive Officer is hereby authorized and directed to mail certified copies of
this resolution in the manner and as provided in Section 56853 of the Government Code.
Resolution No. 1999-22
Page 4
Passed and adopted this 9th day of June 1999, by the Local Agency Formation Commission
of Los Angeles County.
SPATE OF CAUFOM
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LARRY J. CALEMINE, Executive Officer