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Resolution No. 2017-009RESOLUTION NO. 2017-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2017-05 WHEREAS, on February 21, 2017, the City Council of the City of Vernon adopted Resolution No. 2017-05 approving and authorizing the execution of a Development Agreement by and between the City of Vernon and National Ready Mixed Concrete Company; and WHEREAS, pursuant to Section 26.6.8-5 of the Vernon Municipal Code, a Development Agreement shall be adopted by ordinance of the City Council, which constitutes final action and approval of the agreement; and WHEREAS, the City Council of the City of Vernon desires to repeal Resolution No. 2017-05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby repeals Resolution No. 2017-05. SECTION 4: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7th day of March, 2017. ATTEST: aria E. yala City lerk APPROVED AS TO FORM: Brian Byun, Deput 9 City Attorney Name: William J. Davis Title: Mayor - 2 - STATE OF CALIFORNIA f ) ss COUNTY OF LOS ANGELES f 1 r Maria E . Ayala, City Clerk 1 e of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2017--09, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 7, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this jeaFFday of March, 2017, at Vernon, California. (SEAL) - 3 - M ria E. yala city Jerk 1 STAFF REPORT STAFF REPORT CITY ADMINISTRATION DATE: March 7, 2017 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., City Administrator Originator: Diana Figueroa, Administrative Analyst��I RE: A Resolution Repealing Resolution No. 2017-05 Recommendation RECEIVED MAR 0 2 2017 CITY CLERK'S OFFICE A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review because it is an administrative activity that will not result in direct or indirect physical changes in the environment and, therefore, does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a resolution to repeal Resolution 2017-05 pertaining to the Development Agreement with National Ready Mixed Concrete Company which was approved by City Council on February 21, 2017. Background On February 21, 2017, the City Council adopted Resolution No. 2017-05 approving a Development Agreement between the City of Vernon and National Ready Mixed Concrete Company ("NRMCC"). Upon further review of California Government Code Section 65867 and pursuant to Section 26.6.8-5 of the Vernon Municipal Code, staff has determined that the appropriate mechanism to grant approval of the agreement is through the adoption of an ordinance instead of a resolution. As such, staff is recommending that City Council repeal Resolution No. 2017-05 at this time. Staff will notice a public hearing and return to the City Council at a later date with a recommendation to adopt an ordinance related to the approval of the NRMCC Development Agreement, as the corporate presence of NRMCC and the planned development project at the 2626 East 26a` Street site in Vernon will benefit the local economy through the creation of new employment opportunities and the generation of additional sales tax revenues. Page 1 of 2 Fiscal Impact There is no fiscal impact related to repealing Resolution No. 2017-05. Attachment(s) 1. A Resolution to Repeal Resolution 2017-05 Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL ❑F THE CITY OF VERNON REPEALING RESOLUTION NO. 2017-05 WHEREAS, ❑n February 21, 2017, the City Council of the City of Vernon adopted Resolution No. 2017-05 approving and authorizing the execution of a Development Agreement by and between the City of Vernon and National Ready Mixed Concrete Company; and WHEREAS, pursuant to Section 26.6.8-5 of the Vernon Municipal Code, a Development Agreement shall be adopted by ordinance ❑f the City Council, which constitutes final action and approval of the agreement; and WHEREAS, the City Council of the City of Vernon desires to repeal Resolution No. 2017-05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ❑F THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby repeals Resolution No. 2017-05. SECTION 4: The City Clerk, or Deputy City Clerk, of the City ❑f Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7th day ❑f March, 2017. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney Name: Title: Mayor / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 7, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2017, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 3 -