HomeMy WebLinkAbout2022-08-23 - RESOLUTIONS - TRSFR TESORO ADOBE PARKRESOLUTION NO. 22-52
SUPPLEMENTAL JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA APPROVING AND ACCEPTING THE TRANSFER
OF JURISDICTION AND THE NEGOTIATED EXCHANGE OF BENEFIT
ASSESSMENT PROCEEDS FOR LANDSCAPE AND LIGHTING ACT (LLA)
DISTRICT NO. 4, ZONE 76 TESORO ADOBE PARK THAT IS SITUATED WITHIN
THE TERRITORIAL BOUNDARIES OF THE ANNEXATION KNOWN AS
REORGANIZATION 2020-01 FROM THE COUNTY OF LOS ANGELES TO THE CITY
OF SANTA CLARITA, WITHDRAWAL FROM COUNTY LIGHTING MAINTENANCE
DISTRICT 1687, EXCLUSION FROM COUNTY LIGHTING DISTRICT LANDSCAPING
AND LIGHTING ACT-1, UNINCORPORATED ZONE, AND CLARIFYING
RESPONSIBILITIES REGARDING DRAINAGE BENEFIT ASSESSMENT AREA
NO. 35
WHEREAS, the City of Santa Clarita (City) initiated proceedings with the Local
Agency Formation Commission for the Los Angeles County (LAFCO) for the annexation
of territory identified as Reorganization 2020-01 (Reorganization 2020-01) to the City;
and
WHEREAS, Section 22612 of the Streets and Highways Code of the State of
California provides that if all of the territory of a district is included within one city as a
result of an annexation or incorporation, the legislative body may transfer jurisdiction
over the district to the city council of the city by a joint resolution setting forth the
mutually agreed upon terms and conditions under which the transfer is to take place;
and
WHEREAS, the territory proposed for annexation to the City in Reorganization
2020-01 consists of Parcel 1 & 2 with approximately 1,786± acres of inhabited territory,
and the territory proposed for annexation to the Greater Los Angeles County Vector
Control District consists of Parcel 1 with approximately 1609± acres. The affected
territory is generally located north of the intersection of Copper Hill Drive and Avenida
Rancho Tesoro; and
WHEREAS, Landscape and Lighting Act (LLA) District No. 4, Zone 76 Tesoro
Adobe Park (Zone No. 76), currently within the jurisdiction of Los Angeles County
(hereinafter referred to as the County), is located within the boundaries of the territory
proposed for annexation by Reorganization 2020-01 from the County to the City; and
WHEREAS, the County affirms that Zone No. 76 receives funding through a
special benefit assessment levy established by the Board of Supervisors of the County
of Los Angeles, and collected by the County Tax Collector, and that this benefit
assessment benefits only Zone No. 76 (Special Assessment); and
WHEREAS, the funds levied pursuant to that special assessment (Assessment
Proceeds) are currently deposited into a specific account held by the County to be used
only for Zone No. 76: Fund P31 (Account); and
HOA.103771794.2
WHEREAS, the Account includes unspent Assessment Proceeds from prior
fiscal years, unspent Assessment Proceeds from current fiscal year, and in future may
also include additional Assessment Proceeds from prior, current, or future fiscal years;
and
WHEREAS, the Assessment Proceeds and funds within the Account can only be
used within Zone No. 76; and
WHEREAS, the County and City consent to the transfer of jurisdiction over Zone
No. 76 located within the territorial boundaries of the annexation known as
Reorganization 2020-01 from the County to the City; and
WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code of the
State of California, prior to the effective date of any jurisdictional change, the governing
bodies of all agencies whose service areas or service responsibilities would be altered
by such change must determine the amount of Assessment Proceeds and property tax
revenue to be exchanged between the affected agencies and approve and accept the
negotiated exchange of Assessment Proceeds and property tax revenue by resolution,
but if the affected agency is a special district, the Board of Supervisors must negotiate
on behalf of the district; and
WHEREAS, the area is located within the boundaries of County Lighting
Maintenance District 1687; and
WHEREAS, the City hereby agrees to the withdrawal of the proposed annexation
territory from County Lighting Maintenance District 1687 and annexed to Santa Clarita
Streetlight Maintenance District No. 1; and
WHEREAS, upon annexation of the proposed area to the City, the territory shall
be withdrawn from County Lighting Maintenance District 1687 and annexed to Santa
Clarita Streetlight District No. 1; and
WHEREAS, the annexation area is also located within County Lighting District
Landscaping and Lighting Act-1 (County Lighting District LLA-1), Unincorporated Zone;
and
WHEREAS, pursuant to Section 22613 of the California Streets and Highways
Code, whenever any territory of a landscaping or lighting district is included within a city
by annexation or incorporation, that territory is thereby excluded from the assessment
district; and
WHEREAS, upon annexation of the proposed area to the City, the territory will
be automatically excluded from County Lighting District LLA-1; and
WHEREAS, the area proposed for annexation includes a proposed benefit
assessment area to be formed pursuant to the Benefit Assessment Act of 1982
(California Government Code Sections 54703 et seq.), to be known as Drainage Benefit
Assessment Area (DBAA) No. 35; and
HOA.103771794.2 2
WHEREAS, DBAA No. 35 is proposed to be established for the purpose of
collecting annual assessments from parcels located in DBAA No. 35 to pay for the
operation and maintenance of drainage improvements consisting of biofiltration basins
and associated access roads, vegetated swales, proprietary Modular Wetland Systems,
and associated low flow conveyance piping, as more particularly described in the
"DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 35 ENGINEER'S REPORT,
TESORO DEL VALLE MASTER PLAN PROJECT TRACT NO. 51644-1" (Drainage
Improvements), serving the parcels in DBAA No. 35; and
WHEREAS, construction of the Drainage Improvements has not been completed
as of the date of this supplemental resolution, but their completion is required pursuant
to a subdivision improvement agreement and secured by performance bonds; and
WHEREAS, this resolution is intended to supplement a resolution previously
approved by the City, entitled Joint Resolution Of The Board Of Supervisors, As The
Governing Body Of The County Of Los Angeles, The Consolidated Fire Protection
District Of Los Angeles County, And The Los Angeles County Flood Control District,
And The City Council Of The City Of Santa Clarita, The Board Of Directors Of The
Greater Los Angeles County Vector Control District, The Santa Clarita Valley Sanitation
District Of Los Angeles County, The Antelope Valley Resource Conservation District,
And The Santa Clarita Valley Water Agency, Approving And Accepting The Negotiated
Exchange Of Property Tax Revenue Resulting From The Annexation Of Territory
Known As Reorganization 2020-01 (Tesoro Del Valle) To The City Of Santa Clarita,
Detachment From County Road District No. 5, And Withdrawal From The Los Angeles
County Library, And Transfer Between The City And The County Of Certain
Improvements, Facilities, Assessments, And Other Related Items" (Joint Resolution);
and
WHEREAS, the Board of Supervisors of the County of Los Angeles, as
governing body of LLA District No. 4, Zone 76, the County Lighting Maintenance District
1687, and County Lighting District LLA-1, Unincorporated Zone, and the City Council of
the City of Santa Clarita, have determined the amount of property tax revenue and
assessment proceeds to be exchanged between their respective agencies as a result of
the annexation of the unincorporated territory identified as Reorganization 2020-01, the
transfer of LLA District No. 4, Zone 76 to the City, withdrawal from County Lighting
Maintenance District 1687, annexation to Santa Clarita Streetlight Maintenance District
No. 1, and exclusion from County Lighting District LLA-1, Unincorporated Zone, is as
set forth below_
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Upon the effective date of Reorganization 2020-01 (Effective Date),
the County and the City agree to transfer jurisdiction over Zone No. 76 from the County
to the City.
SECTION 2. During each Fiscal Year up to and including the Effective Date, the
County shall continue to levy the Special Assessment and receive all Assessment
HOA.103771794.2
Proceeds related to Zone No. 76. For the fiscal year commencing on the July 1
immediately after the Effective Date, and each fiscal year thereafter, the City shall levy
the Special Assessment and receive all Assessment Proceeds relating to Zone 76.
SECTION 3. From and after the Effective Date, the City shall be responsible for
the administration of Santa Clarita LLA Zone No. 76, or whatever designation that the
City assigns to this Zone, including the collection of the annual assessments as
described in Section 2 above. To the extent that Assessment Proceeds are remitted to
the County after the Effective Date, the County shall deposit them in the Account and
transfer such funds to the City in accordance with the schedule set forth in Section 4 of
this supplemental resolution.
SECTION 4. Upon the Effective Date, the County shall provide to the City all
funds currently in the Account and all funds that may be forwarded to the Account in the
future pursuant to the following schedule:
a. On or about one hundred twenty (120) days after the Effective Date, the
County shall transfer to the City sixty (60) percent of the amount in the
Account at that time. This transfer shall constitute the first installment of the
funds in the Account.
b. On or about one hundred eighty (180) days after the payment of the first
installment of the funds in the Account to the City, the County shall transfer to
the City eighty (80) percent of the remaining funds in the Account. This
transfer shall constitute the second installment of the funds in the Account.
c. On or about one hundred eighty (180) days after the second installment of the
funds in the Account to the City, the County shall transfer to the City all
outstanding funds in the Account. This transfer shall constitute the final
installment of the funds in the Account. This amount will include all prior
unspent funds, including any Assessment Proceeds for Fiscal Year 2021-22,
Fiscal Year 2022-23, and all subsequent fiscal years (if any), which have
been received to date, less any invoices to be paid by the County from these
funds and less Zone 76's pro-rata share of administrative expenses, if any.
Copies of any invoices paid by the County from these funds shall be provided
to the City upon request. The County and City may amend the amount of
payment and/or the date of payment pursuant to written agreement.
d. If for any reason after the final installment of the balance of the funds in the
Account there are Assessment Proceeds or other funds in the Account, the
County shall forward those Assessment Proceeds or funds in the Account to
the City within 60 days of County's knowledge of those Assessment Proceeds
or funds.
SECTION 5. The County represents that to the best of its knowledge, there are
no pending or threatened claims, or administrative or court proceedings against Zone
No. 76 to be transferred herein. The City as governing body and administrator of Zone
HOA.103771794.2 4
No. 76 shall provide landscape maintenance services and agrees to indemnify, defend
and hold harmless the County and its agents, officers, and employees from any
damages of any nature whatsoever, including but not limited to, bodily injury, death,
personal injury, or property damage, worker compensation suits, liability or expense,
damage to Zone No. 76, or damage to applicable homeowner association and the City
property and equipment, arising from landscape services performed on behalf of the
City for Zone No. 76.
SECTION 6. The City agrees that it will bear the full responsibility for the street
lighting and lighting maintenance services in the proposed annexation area upon the
withdrawal of the annexation territory from County Lighting Maintenance District 1687
and exclusion of the territory from County Lighting District LLA-1, Unincorporated Zone.
SECTION 7. For the fiscal year commencing in the year after the filing of the
statement of boundary change for Reorganization 2020-01 with the Board of
Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal
year thereafter, the tax -sharing ratio received by County Lighting Maintenance District
1687 attributable to Reorganization 2020-01 in the annexation area shall be reduced to
zero.
SECTION 8. If DBAA No. 35 is established prior to the effective date of
Reorganization 2020-01, the City agrees that upon completion of the Drainage
Improvements, as evidenced by written notice from the County, the City will take
ownership of and responsibility for the operation and maintenance of the Drainage
Improvements. The provisions of this paragraph supersede any inconsistent provisions
in regard to DBAA No. 35 in the Joint Resolution.
SECTION 9. If DBAA No. 35 is established prior to the effective date of
Reorganization 2020-01, for the first fiscal year commencing after the completion of the
Drainage Improvements, as evidenced by written notice from the County, and every
fiscal year thereafter, the City shall be responsible for the administration of DBAA No.
35, including the collection of the annual assessments. The provisions of this
paragraph supersede any inconsistent provisions in regard to DBAA No. 35 in the Joint
Resolution.
SECTION 10. If DBAA No. 35 is not established prior to the effective date of
Reorganization 2020-01, the City will be responsible for the establishment and
administration of DBAA No. 35. The provisions of this paragraph supersede any
inconsistent provisions in regard to DBAA No. 35 in the Joint Resolution.
SECTION 11. As set forth in this supplemental resolution, the negotiated
exchange of property tax revenue and assessment proceeds between the County and
the City, resulting from Reorganization 2020-01 is approved and accepted.
SECTION 12. The County and City each agree to take such further actions as
necessary to effectuate and implement the terms of this supplemental resolution in good
faith.
HOA.103771794.2 5
The foregoing resolution was on the day of , 2022,
adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing
body of all other special assessment and taxing districts, agencies and authorities for which said
Board so acts.
CELIA ZAVALA, Executive Officer
Clerk of the Board of Supervisors
of the County of Los Angeles
Deputy
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By 2!!r4?u&ty1r
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
(Signed in Counterpart)
HOA.103771794.2 6
PASSED, APPROVED AND ADOPTED this�� day of ,
2022 by the following vote:
AYES.- Miranda, Gibbs, McLean, ABSENT: None
Smyth, Weste
NOES: None ABSTAIN: None
ATTEST:
City Clerk �s4
City of Santa Clarita
Mayor
City of Santa Clarita, California
(Signed in Counterpart)
HOA.103771794.2 7
TESORO ADOBE HISTORIC PARK TRANSFER AGREEMENT
This Transfer Agreement ("Agreement") is made and entered into this day
of 2022, by and between the City of Santa Clarita, a municipal
corporation ("City"), and the County of Los Angeles ("County") a body politic and
corporate (collectively "Parties"), pursuant to Government Code Section 25550.5,
regarding the conveyance of real property. This Agreement is made with reference to the
following facts:
A. County is the owner of the park property known as Tesoro Adobe Historic Park
(the "Park Property"), as described in Exhibit A (the "Quitclaim Deed").
B. City agrees to accept the Park Property for the purpose of incorporating them into
the City's park system.
NOW, THEREFORE, in consideration of the promises, conditions, and mutual covenants
set forth herein, the parties hereto do agree as follows:
1. Transfer of Park Property. County agrees to effectuate the transfer of the Park
Property by executing the Quitclaim Deed. City hereby warrants to County that said
Quitclaim Deed are sufficient to release County's interest in the Park Property.
2. Use. The City agrees at its cost to develop, operate and maintain the Park
Property solely for public park and recreational purposes.
3. Consideration. Both City and County mutually agree that the consideration
provided for the conveyance of the Park Property shall be the City's agreement to operate,
and maintain the Park Property for public park and recreational purposes for the benefit
of the residents of incorporated and unincorporated Los Angeles County and the City.
4. Condition of Title to Park Property.. Except as otherwise expressly provided
in this Agreement, the City is acquiring the Park Property "AS IS" and "WITH ALL
FAULTS in their present state and conditions as of the Closing. Except for the express
representations and warranties set forth herein, each party agrees that the other has not
made, does not make, and specifically negates and disclaims any representations or
warranties of any kind or character whatsoever, whether expressed or implied, oral or
written, past, present or future, of, as to, concerning or with respect to,the property being
conveyed by it hereunder (including, without limitation, any warranty of merchantability,
habitability, or fitness for a particular purpose).
5. Warranties of County. County warrants that:
A. County has no actual present knowledge of any pending litigation
involving the Park Property.
HOA 1Q3766663.1
B. County has no actual present knowledge of any violation of, or
notices concerning defects or noncompliance with, any applicable
building code or other code, statute, regulation, ordinance, judicial
order, or judicial holding pertaining to the Park Property.
6. Closinq Date and Recordation. The closing date ("Closing Date") shall occur
in conjunction with the City completing its official annexation of the Park Property into the
City's borders.
The parties agree that the County will arrange for recording of the documents
necessary to complete the conveyance contemplated hereby. The City agrees to timely
provide the County its certificate(s) or resolution(s) of acceptance, pursuant to
Government Code Section 27281, prior to the recording of the documents in a form
substantially similar to that shown in Exhibit B, attached hereto and incorporated herein
by this reference.
7. Coordination.
a. The Parties agree to amend the existing Reciprocal Easement And Joint
Use Agreement with Montalvo Properties LLC and Tesoro del Valle Master
Homeowners Association for the purpose of replacing the County with the
City. (See Exhibit C.)
b. The Parties agree to complete an Assumption and Assignment of Grant
Agreement for Los Angeles Regional Parks Open Space District Project P-
129-16-2596. (See Exhibit D.)
C. The City of Santa Clarita will publicly advertise and promote all
programming, special events and hours of operations on the website and
social media platforms. Hours of Operations must not be less than current
park operating hours and be posted for high visibility by the public.
d. DPR and the City of Santa Clarita shall coordinate on the transfer to provide
DPR reasonable time to reallocate positions and funding associated with
the operations and maintenance of Tesoro Historic Adobe Park to address
gaps in services rendered by DPR in the North County and Regional
Agency.
8. Indemnification. The City waives any and all claims, and agrees to indemnify,
defend, save, and hold harmless County and its Special Districts, elected and appointed
officers, employees, and agents (collectively, "County Indemnified Parties"), from and
against any and all liability, expense (including without limitation defense costs and legal
fees), and claims for damages of any nature whatsoever, related to site conditions of the
Park Property that accrue, or incidents that occur, after the Closing Date.
I-I0A.103766663. I
9. Default Reqardinq Use of Countv Lobbvists. City and each County Lobbyist
or County Lobbying firm, as defined in Los Angeles County Code Section 2.160.010,
retained by City shall fully comply with the County Lobbyist Ordinance, Los Angeles
County Code 2.160. Failure on the part of State or any County Lobbyist or County
Lobbying firm retained by State to fully comply with the County Lobbyist Ordinance shall
constitute a material breach of this Agreement upon which County may immediately
terminate or suspend this Agreement.
10. Notices. Any written notices required by this Agreement shall be made by
personal delivery, registered or certified mail, postage prepaid, to the address indicated
below:
City: Deputy City Manager
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
County: Chief Executive Office
Real Estate Division
320 West Temple Street,
7th Floor Hall of Records
Los Angeles, CA 90012
with a copy to: County Department of Parks and Recreation
1000 S. Fremont Ave, A-9 West Bldg.,
3rd Floor, Unit # 40
Alhambra, CA 91803
Attn: Sean Woods, Chief of Planning
11. Counterpart. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but of which, together, shall constitute one and the
same instrument.
12. Authorization, Approvals, Binding Nature. This Agreement has no force and
effect and is not binding on the City until and unless it is authorized by the City Council,
and is not binding on the County until and unless authorized by the Board of Supervisors
at a duly noticed public meeting.
13. Time is of the Essence. Time is of the essence for each and every term,
condition, covenant, obligation, and provision of this Agreement.
14. Severabilitv,. In the event any portion of this Agreement shall be declared by
any court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion
shall be severed from the Agreement, and the remaining parts hereof shall remain in full
force and effect as fully as though such invalid, illegal, or unenforceable portion had never
HOA.103766663. I
been part of the Agreement, provided the remaining Agreement can be reasonably and
equitably enforced.
15. Bindinq on Successors. Subject to the limitations set forth herein, the
Agreement shall be binding upon and inure to the benefit of the successors and assigns
of the respective parties hereto.
16. California Law. This Agreement shall be construed in accordance with the
internal laws of the State of California.
17. Waivers. No waiver by either party of any provision hereof shall be deemed a
waiver of any other provision hereof or of any subsequent breach by either party of the
same or any other provision.
18. Captions. The captions and the section and subsection numbers appearing in
this Agreement are inserted only as a matter of convenience and in no way define, limit,
construe or describe the scope or intent of such sections of this Agreement nor in any
way affect this Agreement.
19. No Presumption Re: Drafter. The parties acknowledge and agree that the
terms and provisions of this Agreement have been negotiated and discussed between
the parties and their attorneys, and this Agreement reflects their mutual agreement
regarding the same. Because of the nature of such negotiations and discussions, it would
be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no
presumption for or against validity or as to any interpretation hereof, based upon the
identity of the drafter, shall be applicable in interpreting or enforcing this Agreement.
20. Assistance of Counsel. Each party hereto either had the assistance of
counselor had counsel available to it, in the negotiation for, and the execution of, this
Agreement, and all related documents.
21. Required Actions of the Parties. County and City agree to execute all such
instruments and documents and to take all action as may be required in order to
consummate the purchase and sale herein contemplated.
22. Survival of Covenants. The covenants, agreements, representations and
warranties made herein are intended to survive the consummation of the transfer of the
Park Property and recordation of the Quitclaim Deed.
23. Interpretation. Unless the context of this Agreement clearly requires
otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii)
the masculine, feminine and neuter genders shall be deemed to include the others; (iii)
"or" is not exclusive; and (iv) "includes" and "including" are not limiting.
24. Final Aqreement. This Agreement and the exhibits attached hereto, contains
the entire agreement of the parties with respect to the transaction contemplated hereby
HOA.103766663.1
and supersedes any prior agreement, oral or written, between City and County, about the
subject matter hereof. No contemporaneous or subsequent agreement, amendment,
representation or promise made by either party hereto, or by or to any employee, officer,
agent, or representative of either party, shall be of any effect unless it is in writing and
executed by the parties hereto.
(SIGNATURE PAGE FOLLOWS)
HOA.103766663.1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized officials, as of the day and year first above written.
County of Los Angeles,
a body corporate and politic
By:
Supervisor Holly Mitchell
Chair, Board of Supervisors
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting, County Counsel:
By: .I � k4j�
Deputy
ATTEST:
DEAN C. LOGAN
Registrar-Recorder/County Clerk
By:
Deputy
City of Santa Clarita
Title:
APPROVED AS TO FORM:
City Attorney
Title:
l-(OA.103775743.1