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Resolution No. 2018-001RESOLUTION NO. 2018-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO TERMINATE HISTORIC BUILDING PRESERVATION AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE VERNON HISTORIC PRESERVATION SOCIETY WHEREAS, on December 4, 2002, the City Council of the City of Vernon adopted Resolution No. 8111 approving the form of, and authorizing the execution and delivery of an Historic Building Preservation Agreement (the "Preservation Agreement") for the purpose of preserving certain "historic facilities" within the Malburg Generating Station, and to promote the educational and cultural uses of the "historic facilities" within the City; and WHEREAS, since the execution of the Preservation Agreement, minimal effort and resources have been allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities"; and WHEREAS, City staff has determined that the "historic facilities" located at or in the Malburg Generating Station were never recognized by the State of California Office of Historic Preservation, and thus do not have historic designation status; and WHEREAS, by memorandum dated January 16, 2018, the City Clerk has recommended the approval of an Agreement to Terminate the Preservation Agreement and the onus on preserving the history of Vernon is placed at the discretion of the City Council of the City of Vernon; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement to Terminate the Preservation Agreement. 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 constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves the Agreement to Terminate Historic Preservation Agreement with the Vernon Historic Preservation Society, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to retain the fully executed Agreement. - 2 - SECTION 7: The City Clerk, or y 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 16th day of January, 2018. ATTEST: Maria E . Aya City Clerk / DIIeputy G-A ty-el-er'__ APPROVED AS TO FORM: 11 rrj Brian Byun, Senior Deputy City Attorney - 3 - Name Melissa Ybarra Title: Mayor / STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria Z . Ayala4 City Clerk / ���� � , ^-' � � 1 _ _ _ of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-01, 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, January 16, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ,ZZ day of January, 2018, at Vernon, California. (SEAL) - 4 - Maria E . Iyala City Clerk / EXHIBIT A AGREEMENT TO TERMINATE HISTORIC BUILDING PRESERVATION AGREEMENT BETWEEN THE CITY OF VERNON AND THE VERNON HISTORIC PRESERVATION SOCIETY (VHPS) This Agreement to Terminate the Historic Building Preservation Agreement ("Preservation Agreement"), is made as of , 2018 by and between the City of Vernon, a California charter city and municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California (the "City"), and the Vernon Historic Preservation Society, a nonprofit public benefit corporation duly incorporated under and by virtue of the laws of the State of California (the "Society") (each of the City and the Society being herein referred to individually as a "Party" or collectively as the "Parties"). WHEREAS, the City and the Society are parties to a Historic Building Preservation Agreement, dated as of January 1, 2003, for the purpose of preserving certain "historic facilities" within the Malburg Generating Station, and to promote the educational and cultural uses of the designated "historic facilities" within the City; and WHEREAS, the City and the Society desire to terminate the Preservation Agreement, finding that since the creation of the Agreement, minimal effort and resources have been allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities", In addition, the City and the Society found that the "historic facilities" located at or in the Malburg Generating Station were never recognized by the State of California Office of Historic Preservation, and thus do not have historic designation status. NOW, THEREFORE, the Parties agree as follows: The Preservation Agreement is hereby terminated. 2. The person or persons executing this Agreement to Terminate on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Agreement to Terminate on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. [Signatures Begin on Next Page]. IN WITNESS WHEREOF, the parties have signed this Termination Agreement as of the date stated in the introductory clause. CITY OF VERNON a California charter city and municipal corporation Melissa Ybarra, Mayor ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hema Patel, City Attorney Vernon Historic Preservation Society, a nonprofit public benefit corporation Name: Melissa Ybarra Title: President -2- FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: N/ CONTRACT PURPOSE: Agreement to Terminate the Historic Building Preservation Agreement CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 0 Charge Acct. No(s) Amendment Value $ 0 ❑ Contract is an Amendment to Contract No. 0 (if applicable) RESPONSIBLE DEPARTMENT PERSON: Matthew Ceballos PHONE: 286 AUTHORIZATION: -'Approved by Council on 1/16/18 and by VHPS 12/5/17 (Check One) Resolution No. 2018-01 (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget JV (4) City Attorney Approves contract as to form, verifies bonds and insurance included �J (5) City Signatory ',bq Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and l� transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1/27/14 AGREEMENT TO TERMINATE HISTORIC BUILDING PRESERVATION AGREEMENT BETWEEN THE CITY OF VERNON AND THE VERNON HISTORIC PRESERVATION SOCIETY (VHPS) This Agreement to Terminate the Historic Building Preservation Agreement ("Preservation Agreement"), is made as of January 16, 2018, by and between the City of Vernon, a California charter city and municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California (the "City"), and the Vernon Historic Preservation Society, a nonprofit public benefit corporation duly incorporated under and by virtue of the laws of the State of California (the "Society") (each of the City and the Society being herein referred to individually as a "Party" or collectively as the "Parties"). WHEREAS, the City and the Society are parties to a Historic Building Preservation Agreement, dated as of January 1, 2003, for the purpose of preserving certain "historic facilities" within the Malburg Generating Station, and to promote the educational and cultural uses of the designated "historic facilities" within the City; and WHEREAS, the City and the Society desire to terminate the Preservation Agreement, finding that since the creation of the Agreement, minimal effort and resources have been allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities". In addition, the City and the Society found that the "historic facilities" located at or in the Malburg Generating Station were never recognized by the State of California Office of Historic Preservation, and thus do not have historic designation status. NOW, THEREFORE, the Parties agree as follows: The Preservation Agreement is hereby terminated. 2. The person or persons executing this Agreement to Terminate on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Agreement to Terminate on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. [Signatures Begin on Next Page]. -1- IN WITNESS WHEREOF, the parties have signed this Termination Agreement as of the date stated in the introductory clause. CITY OF VERNON a California charter city and municipal corporation _ am_�_/_ b. r ATTEST: VV-"' Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hema atel, City Atty Vernon Historic Preservation Society, a nonprofit public benefit corporation By: Name: Meld sa Ybarra Title: President -2- SUPPORTING INFORMATION 'a"►'' Secretary of State ' Business Programs Division CITY OF VERNON 4305 SANTA FE AVE VERNON CA 90058-0805 15001 th Street. 3,a Floor Business Entities Sacramento. CA 95814 (916) 657-5448 February 28, 2018 ' JQ CTTV CUKS OFFICE RE: VERNON HISTORIC PRESERVATION SOCIETY 2 .14 THIS LETTER IS JUST TO ADVISE YOU OF THE RECEIPT, ON FEBRUARY 16, 2018, OF THE CERTIFICATE OF DISSOLUTION, SUBMITTED TO THIS OFFICE BY NAY OF CERTIFIED MAIL. DOCUMENTS WILL BE PROCESSED IN CHRONOLOGICAL ORDER, BY DATE OF RECEIPT. DOCUMENT FILING SUPPORT UNIT (916) 657-5448 U NOTE: THE ABOVE REFERENCED NAME IS -AS IT APPEARS ON THE DOCUMENTS RECEIVED AND 15 NOT NECEStARItY'THE CORRECT NAME -AS IT IS OF RECORD IN THE' OFFICE OF THE' SECRETARY O,F STATE. I S SC P82-0147 MS) SUPPORTING INFORMATION Juarez, Debbie From: Dissolution <dissolution@doj.ca.gov> Sent: Wednesday, March 07, 2018 3:53 PM To: Ceballos, Matt Cc: CityClerkGroup Subject: RE: Dissolution of the Vernon Historic Preservation Society Hello Matt, The organization is now dissolved with the Registry of Charitable Trusts as well. Thank you, Susan From: Ceballos, Matt[mailto:mceballos@ci.vernon.ca.us] Sent: Tuesday, March 06, 2018 2:58 PM To: Dissolution <dissolution@doj.ca.gov> Cc: CityClerkGroup <CityClerk@ci.vernon.ca.us> Subject: Dissolution of the Vernon Historic Preservation Society Good afternoon, To finalize the dissolution steps, attached is written confirmation that the Certificate of Dissolution has been filed with the Secretary of State. Also, below is a screenshot of the Secretary of State's Office denoting the Vernon Historic Preservation Society as being Dissolved. r' Secretary of State X� fi Secure ( https://businessfilings.sos.ca.gov Results c Select a co additional i If there are any issues please contact our office as soon as possible. STAFF REPORT of F RECEIVE® JAN 10 2018 CITY CLERK'S OFFICE STAFF REPORT CITY CLERK DEPARTMENT DATE: January 16, 2018 JAN 0 8 2018 CITY ADMINISTRATION TO: Honorable Members of the Vernon Historical Preservation Society FROM: Maria E. Ayala, City Clerk Originator: Matthew Ceballos, Deputy City Clerk RE: A Resolution Terminating the Historic Building Preservation Agreement Recommendation A. Find that the Resolution Terminating the Historic Building Preservation Agreement does not constitute a "project' pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because it constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a Resolution Terminating the Historic Building Preservation Agreement. Backl4round On December 4, 2002 the City Council of the City of Vernon approved Resolution No. 8111, an agreement between the City of Vernon and the Vernon Historic Preservation Society (VHPS) for the purpose of preserving certain "historic facilities" within the Malburg Generating Station, and to promote the educational and cultural uses of the "historic facilities" within the City. The City and the VHPS entered into a Historic Building Preservation Agreement ("Preservation Agreement'), dated January 1, 2003, for this purpose. Since the execution of the Preservation Agreement, minimal effort and resources have been allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities". In addition, City staff have determined that the "historic facilities" located at or in the Malburg Generating Station were never recognized by the State of California Office of Historic Preservation, and thus do not have historic designation status. Staff is recommending the agreement be terminated and the onus on preserving the history of Vernon is placed at the discretion of the City Council of the City of Vernon. Page 1 of 2 At the December 5, 2017 Vernon Historic Preservation Society Meeting, the Board of Directors unanimously voted to approve an Agreement to Terminate the Historic Building Preservation Agreement dated January 1, 2003. Fiscal Impact None. Attachment(s) 1) Di aft Resolution Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO TERMINATE HISTORIC BUILDING PRESERVATION AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE VERNON HISTORIC PRESERVATION SOCIETY WHEREAS, on December 4, 2002, the City Council of the City of Vernon adopted Resolution No. 8111 approving the form of, and authorizing the execution and delivery of an Historic Building Preservation Agreement (the "Preservation Agreement") for the purpose of preserving certain "historic facilities" within the Malburg Generating Station, and to promote the educational and cultural uses of the "historic facilities" within the City; and WHEREAS, since the execution of the Preservation Agreement, minimal effort and resources have been allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities"; and WHEREAS, City staff has determined that the "historic facilities" located at or in the Malburg Generating Station were never recognized by the State of California Office of Historic Preservation, and thus do not have historic designation status; and WHEREAS, by memorandum dated January 16, 2018, the City Clerk has recommended the approval of an Agreement to Terminate the Preservation Agreement and the onus on preserving the history of Vernon is placed at the discretion of the City Council of the City of Vernon; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement to Terminate the Preservation Agreement. 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 constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves the Agreement to Terminate Historic Preservation Agreement with the Vernon Historic Preservation Society, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to retain the fully executed Agreement. - 2 - SECTION 7: 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 16th day of January, 2018. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney Name: Title: Mavor / Mavor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss 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, January 16, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2018, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A AGREEMENT TO TERMINATE HISTORIC BUILDING PRESERVATION AGREEMENT BETWEEN THE CITY OF VERNON AND THE VERNON HISTORIC PRESERVATION SOCIETY (VHPS) This Agreement to Terminate the Historic Building Preservation Agreement ("Preservation Agreement"), is made as of , 2018 by and between the City of Vernon, a California charter city and municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California (the "City"), and the Vernon Historic Preservation Society, a nonprofit public benefit corporation duly incorporated under and by virtue of the laws of the State of California (the "Society") (each of the City and the Society being herein referred to individually as a "Party" or collectively as the "Parties"). WHEREAS, the City and the Society are parties to a Historic Building Preservation Agreement, dated as of January 1, 2003, for the purpose of preserving certain "historic facilities" within the Malburg Generating Station, and to promote the educational and cultural uses of the designated "historic facilities" within the City; and WHEREAS, the City and the Society desire to terminate the Preservation Agreement, finding that since the creation of the Agreement, minimal effort and resources have been allocated to preserve, educate, or properly identify any buildings or areas as "historic facilities" In addition, the City and the Society found that the "historic facilities" located at or in the Malburg Generating Station were never recognized by the State of California Office of Historic Preservation, and thus do not have historic designation status. NOW, THEREFORE, the Parties agree as follows: The Preservation Agreement is hereby terminated. 2. The person or persons executing this Agreement to Terminate on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Agreement to Terminate on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. [Signatures Begin on Next Page]. -1- IN WITNESS WHEREOF, the parties have signed this Termination Agreement as of the date stated in the introductory clause. CITY OF VERNON a California charter city and municipal corporation Melissa Ybarra, Mayor ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hema Patel, City Attorney Vernon Historic Preservation Society, a nonprofit public benefit corporation By: Name: Melissa Ybarra Title: President -2-