HomeMy WebLinkAbout2024-07-09 - RESOLUTIONS - APPROVE MASTER AGMT WMS HART PARKRESOLUTION NO. 24-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING A MASTER AGREEMENT WITH THE COUNTY OF LOS
ANGELES TO PROVIDE FOR THE SUBSTITUTION OF THE CITY OF SANTA CLARITA
FOR THE COUNTY OF LOS ANGELES AS THE TRUSTEE OF WILLIAM S. HART PARK,
AUTHORIZING THE FILING OF PLEADINGS WITH THE LOS ANGELES COUNTY
SUPERIOR COURT PROBATE DEPARTMENT SEEKING APPROVAL OF SUCH
SUBSTITUTION AND DETERMINING THAT THIS ACTIVITY IS EXEMPT FROM CEQA
WHEREAS, William S. Hart bequeathed to the County of Los Angeles in trust certain
real property known as William S. Hart Park (Park) for use as a public park in his 1944 will
(Will). The Will included conditions for the Park:
1) that the Park shall be forever used and maintained by the County and its successors -
in -interest and estate, exclusively as a public park and pleasure grounds and for
exhibition purposes, for the amusement, recreation, health and pleasure of its
inhabitants;
2) subject to proper restrictions imposed by the County, the Park shall be open to public
use at all times;
3) no charge or fee shall be made for admittance to the Park, with the exception of
nominal fees set by the County for overnight camping;
4) the Park shall be named "William S. Hart Park;"
5) a placard shall be maintained at the entrance with the following words: "This Park has
been dedicated by WILLIAM S. HART for the benefit of the American Public of
every race and creed;"
6) the County shall construct and maintain road and paths for public access, comfort
stations, picnic grounds, lighting, irrigation, storm drains, vegetation, and a museum;
7) a security guard shall be maintained in the museum at all times when the museum is
open to the public;
8) no business shall be conducted in the Park; and
9) no oil, gas, or mineral extraction shall be conducted in the Park.
In the event that these conditions were not adhered to, the Will provided that the property
would revert and go to the State for the same uses and purposes; and
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WHEREAS, the Will also provide for $150,000 in trust to be known as the "William S.
Hart Park Fund" (Park Fund) for use in the operation and maintenance of the Park, and
approximately $130,000 remains in such Park Fund; and
WHEREAS, William S. Hart died in 1946 and the County has operated the 156-acre Park
since that time. The Park includes open space, historic facilities, a museum, trails, campgrounds,
a gift shop and animals; and
WHEREAS, the County of Los Angeles acquired 26 acres of property within the current
boundary of to the Park (Adjacent Property) after Hart's death; and
WHEREAS, the City of Santa Clarita was incorporated in 1987. Upon incorporation, the
City comprised 39 square miles, with a population of 110,000 and took over the maintenance and
operations of the 8 parks then in existence within the City's boundaries, with the exception of the
William S. Hart Park; and
WHEREAS, the City of Santa Clarita now comprises approximately 73.6 square miles
with a population of 228,000 people, and currently owns and operates 38 parks; and
WHEREAS, the County of Los Angeles is desirous of transferring the Park to the City of
Santa Clarita, by having the City become the substitute trustee for the Park and the Park Fund, to
operate and maintain the Park consistent with the requirements of the Will. The County is also
desirous of transferring the Adjacent Property to the City for use in conjunction with the Park,
including maintenance and operation of same, subject to a partial leaseback to the County of a
portion of the Adjacent Property for a temporary period to accommodate transitioning; and
WHEREAS, the City is desirous of assuming the responsibility for maintenance and
operation of the Park as the substitute trustee, as well as the maintenance and operation of the
Adjacent Property and is capable and has the resources to undertake these responsibilities; and
WHEREAS, the City and County have negotiated a Master Agreement (attached) that
provides for the transition of title and responsibilities from the County to the City for the
operation and maintenance of the Park and Adjacent Property, including the real property,
museum, museum collection, and animals; and
WHEREAS, the County has represented that the Secretary of State, who monitors and
supervises charitable trusts such as the trust governing the Park, does not have any objection to
the City assuming the role of trustee for the Park and the Park Fund; and
WHEREAS, the substitution of trustee requires the approval of the Los Angeles County
Superior Court Probate Department.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
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SECTION 1. The City Council approves the attached Master Agreement and all associated
exhibits and authorizes the City Manager or his designee to undertake all actions contemplated by
and/or necessary to effectuate the provisions of the Master Agreement and the transition of the
title, maintenance and operation responsibilities for the Park, Park Fund, and Adjacent Property
from the County to the City.
SECTION 2. The City Council authorizes the filing of all necessary pleadings with the
Los Angeles Superior Court Probate Department in conjunction and cooperation with the County
of Los Angeles to effectuate the substitution of the City for the County as the trustee for the Park
and the Park Fund and authorizes the City Attorney and/or City Manager or his designee to
execute same.
SECTION 3. The City reviewed the environmental impacts of this transaction under the
California Environmental Quality Act (Public Resources Code § § 21000, et seq. "CEQA") and
the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the "CEQA
Guidelines"). The substitution of trustee and the transfer of property and continued operation of
the Park and Adjacent Property by the City will not result in a direct or reasonably foreseeable
indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2))—the property is
currently improved as a park and will remain so; (2) the Park and Adjacent Property includes
existing facilities that will be operated and maintained by the City (14 Cal. Code Regs. § 15301);
(3) the substitution of trustee and the transfer of property and continued operation of the Park and
Adjacent Property by the City will preserve the Park, including certain historic structures and
open space areas (14 Cal. Code Regs. § 15325); (4) there is no possibility that this transaction
will have a significant effect on the environment given the limited physical changes that may
result from operation and maintenance activities for existing improvements and facilities (14 Cal.
Code Regs. § 15061(b)(3)).
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 9th day of July, 2024.
ATTEST:
CITY CLERK
DATE:,��
MAYOR
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution No. 24-48 was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 91" day of July, 2024, by the following vote:
AYES: COUNCILMEMBERS: Gibbs, Miranda, Weste, McLean, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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MASTER AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES AND
THE CITY OF SANTA CLARITA FOR
TRANSFER OF WILLIAM S. HART REGIONAL PARK
This Master Site Agreement ("Master Agreement") is made and entered into this day of
2024 by and between the County of Los Angeles ("County"), a body corporate and
politic, acting through the Los Angeles Department of Parks and Recreation ("DPR") and
Natural History Museum of Los Angeles County ("NHMLAC"), and the City of Santa Clarita, a
municipal Corporation ("City"). The City and County are occasionally referred herein as a
"Party" and collectively as "Parties."
RECITALS
WHEREAS, County is the owner of certain real property known as the William S. Hart
Regional Park ("Park"), generally located at 24151 North Newhall Avenue, Newhall, CA 91321,
and identified as County Assessor's Parcel Numbers 2827-001-902; 2827-001-903; 2827-001-
904; 2827-001-905; 2827-001-906; 2827-001-907; 2827-001-908; 2827-001-912 and 2827-001-
913, legally described in Exhibit A-1 and depicted in Exhibit A-2, both are attached and
incorporated hereinafter.
WHEREAS, In 1946, silent film actor and director William S. Hart deeded his ranch and
home to the County (portion of the current Park). This bequest included certain real property
("Trust Property"), personal property ("Trust Collection"), and a trust fund ("Trust Fund"). By the
terms of the Will of William S. Hart ("Will"), the County holds title in the Trust Property, Trust
Collection, and Trust Fund in trust for the benefit of the general public. The Will required. in
part: (i) the Trust Property shall always be maintained as a public park; (ii) the Trust Property
shall be named "William S. Hart Park"; (iii) no admittance fee shall be charged; (iv) no business
activities or mineral extraction shall be allowed on the Trust Property; (v) the Trust Property
designated as a part of the museum facilities be maintained in its location and kept in good
repair; and (vi) a guard be provided to protect the museum's Trust Collection (Exhibit D) when
being viewed by the public.
WHEREAS, The County subsequently acquired additional park properties in fee title
("Expansion Properties"). The Expansion Properties include the Senior Center parcel(s) located
to the West of the Trust Property, and the parcel that includes Heritage Junction to the East of
the Trust Property. Collectively the Trust Property and the Expansion Properties combined are
referred to as the "Park".
WHEREAS, The Park (collectively approximately 156 acres) are within the geographic
boundaries of the City.
WHEREAS, The Natural History ("NHM") operates the museum facilities at the Park.
NHM is currently responsible for management of the Trust Collection and acquired or created
associated items with the Trust Collection but not part of the Trust Collection ("Associated Trust
Collection Items").
WHEREAS, NHM consists of (i) NHMLAC and (ii) Los Angeles County Museum of
Natural History Foundation ("Foundation").
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WHEREAS, The County has granted the Santa Clarita Valley Historical Preservation
Society (Licensee) a License No. 10324 to operate Heritage Junction as a museum complex
("License"). County will cancel License No. 10324 upon Park transfer to the City.
WHEREAS, County is currently administrating three (3) contracts associated with the
operation of Park as follows: (i) Santa Clarita Area Parks Mowing Contract #79330 with
Mariposa Landscapes, Inc.; (ii) Veterans Memorial Park - Park Maintenance Services Contract
#79334 with Rich Meier's Landscaping, Inc. and (iii) North Region Security Services Contract
#79341 With Securitas Security Services USA, Inc. County will terminate all three (3) contracts
upon Park transfer to the City.
WHEREAS, County has recorded Memorandum of Unrecorded Grant Project
Agreement # 2298, Grant Project Agreement No. P112-12-2298 attached as Exhibit B.
WHEREAS, On November 23, 2021, the Santa Clarita City Council voted to ask County
to consider transferring ownership of Park to City's control. On July 12, 2022, the Board of
Supervisors approved a motion instructing the Director of DPR to initiate negotiations with the
City for the proposed transfer of Park. DPR has prepared a preliminary report on the Park's
maintenance requirements and its costs (Preliminary Report) attached as Exhibit C and
incorporated herein. NHM has prepared a Trust Collection and Associated Trust Collection
Items inventory with associated care costs, attached as Exhibit D and incorporated herein.
WHEREAS, City desires to acquire the Park for public park and recreational purposes
together with all easements and interests appurtenant thereto, all improvements and intangible
property owned or held in connection therewith, including without limitation, development rights,
governmental approvals and land entitlement subject to Will and County's standard deed
restrictions for the transfer of public parks.
WHEREAS, County desires to convey the Park to the City for public park and
recreational purposes together with all easements and interests appurtenant thereto, all
improvements and intangible property owned or held in connection therewith, including without
limitation, development rights, governmental approvals and land entitlement subject to the Will
and County's standard deed restrictions for the transfer of public parks, including: (1) the City
shall operate and maintain the property as a public park in perpetuity; and (2) the property shall
be for the benefit and use of all residents of the County of Los Angles and that there shall be no
discrimination against, or preference, gratuity, benefit, bonus, or other benefit granted to
residents of the City not also equally accorded to the residents of the County.
WHEREAS, County desires to convey the Trust Collection, the Associated Trust
Collection Items, and the Trust Fund pursuant to the terms contained therein.
WHEREAS, County has the authority to convey its right, title, and interest in the Park
pursuant to Government Code section 25550.5.
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by City and County, each intending to be legally bound, do hereby subject to the
terms, covenants and conditions herein set forth and agree as follows:
1. RECITALS. All of the Recitals set forth above are true and accurate and
incorporated herein by reference.
2. CONDITIONS PRECEDENT TO TRANSFER. The transfer of the Park, Trust Fund,
Trust Collection, and Associated Trust Collection Items is subject to the following
conditions precedent:
2.1 The City Council approval of this Master Agreement and Exhibits thereto;
2.2 The NHMLAC Board of Governors approval to deaccession the Trust Collection
and Associated Trust Collection Items;
2.3 The County Board of Supervisors approval of this Master Agreement and
Exhibits thereto;
2.4 Completion of any necessary grant assignment and assumption Agreements
(Section 3.4 and Exhibit F);
2.5 The City's adoption of Pledge of Excellence Core documents (Section 4.1);
2.6 The temporary gratis Lease Back (Section 7 and Exhibit G);
2.7 The Funding Agreement (Section 8 and Exhibit H); and
2.8 Probate Court approval of substitution of the City as the new trustee for Trust
Property, Trust Collection, and Trust Fund.
3. TRANSFER OF PARK: Pursuant to the terms and conditions of the Property
Transfer Agreement (incorporated as Exhibit E), County shall, by Quitclaim Deed,
transfer County's right, title, and interest in the Trust Property and Expansion
Properties subject to the following conditions:
3.1 Acceptance of all existing easements;
3.2 The Park shall be for used for park and recreation purposes in perpetuity;
3.3 The Park shall be for the benefit and use of all residents of the County of Los
Angles and that there shall be no discrimination against, or preference, gratuity,
benefit, bonus, or other benefit granted to residents of the City not also equally
accorded to the residents of the County;
3.4 The City assumes and complies with all applicable grant requirements, that run
with the land, including but not limited to Memorandum of Unrecorded Grant
Project Agreement # 2298, Grant Project Agreement No. P112-12-2298. The
City and County shall complete an assignment assumption agreement with the
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appropriate grantor(s), a sample Grant Assignment and Assumption Agreement
is incorporated as Exhibit F;
3.5 The City publicly advertise and promote the Park, including operating hours and
Park programming and special events, on the City's website and social media to
maximize public visibility;
3.6 The City will allow the County to use the Park facilities for up to five (5) events or
meetings on a gratis basis annually; with the exception that the County will bear
all costs associated with the events; and
3.7 The City operates and maintains the Trust Property in compliance with the Will.
4. TRANSFER OF TRUST COLLECTION AND ASSOCIATED TRUST COLLECTION:
The transfer of possession and ownership of the Trust Collection and Associated
Trust Collection Items (Collectively the "Collection ") to the City shall be subject to
the following:
4.1 General Museum Standards: The City shall have in place and adhere to the
following American Alliance of Museum Pledge of Excellence Core Standards
documents (as may be amended pursuant to current American Alliance of
Museum standards): (i) Mission Statement; (ii) Strategic Institutional Plan; (iii)
Institutional Code of ethics; (iv) Disaster Preparedness and Emergency
Response Plan; (v) and Collections Management Policy. (American Alliance of
Museums (aam-us.org)).
4.1.1 Commitment to Maintain Standards: The City shall commit and adhere to
the American Alliance of Museums Pledge of Excellence Core Standards,
or its functional equivalent, if it is no longer the professional museum
standard.
4.1.2 Disaster Preparedness and Emergency Response Plan: Because of the
high fire risk, the City's Disaster Preparedness and Emergency Response
Plan shall specifically cover whether and how high -value Collection
objects would be evacuated or protected, if threatened by wildfire.
4.2 Deaccession:
4.2.1The City shall comply with the terms of the Will and obtain any necessary approvals
before deaccessioning any of the Collection. If any of the Collections is deaccessioned, the City
shall first offer these objects to NHM for re -accessioning, before planning any other disposition.
If this occurs and NHM accepts, the NHM must bear all costs of documenting, packing, and
transporting objects.
4.2.2NHM must provide all collection records and documentation NHM has in its possession
about the Trust Collection and Associated Trust Collection Items.
4.3 Collection Care:
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4.3.1 Storage and Display Areas. Collection storage and display areas shall
reasonably have appropriate environmental controls (temperature and
relative humidity), security, lighting, and housing for the level of sensitivity
of the Collection object.
4.3.2 Object Handling. The City shall set and follow policies for who can
handle the Collection and/or do cleaning or conservation treatments.
Policies shall restrict treatments to professionally trained conservators or
those under the supervision of one.
4.3.3 Digital Media. Collection's digital collections and information files shall be
stored securely and in multiple copies to prevent loss, corruption, and
unauthorized access.
4.4 Collection Access:
4.4.1 The City shall provide reasonable access for scholars, students, and
museum professionals to the Collection, Collection digital files, and other
Collection information. In providing access, the City shall not put the
Collection at undue risk of loss, including, without limitation, theft or
damage.
4.4.2 The City may loan objects from the Collection to NHM, if it does not
violate the terms of the Will.
4.4.3 The City shall not charge NHM any fees or costs for the loan,
reproduction, or use of the Collection's physical or digital objects.
4.4.4 NHM to bear all cost and responsibility while under loan in accordance
with section 4.3.
4.5 NHM Generated Digital Content, Photos, Derivatives and Creative Content•
4.5.1 NHM may, at its discretion, retain originals or copies of any media,
photos, documents, information files, or other digital materials created by
NHMLAC or Foundation related to the Collection. NHMLAC and
Foundation shall have the continuing right to use these objects or copies,
whether physical or digital, for any purpose, including making additional
copies or derivatives.
4.5.2 NHMLAC and Foundation shall transfer Associated Trust Collection Items
but shall retain the copyright where it currently holds the copyright. For
any NHMLAC and Foundation copyrights associated with the Collection
transferred with a copyright, the City shall have a perpetual royalty -free
license to use and copy these items for any museum or educational
purpose, without seeking additional permission and without a fee, as long
as NHMLAC's or Foundation's copyright, as applicable, is credited.
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4.6 Educational Program Access to Collection: The City shall allow continued
access to the Park for NHM educational programming with local tribal nations
upon reasonable request and without fees and costs.
4.7 Financial Security: The City shall obtain adequate financial security to mitigate
either the damage or loss of Collection objects and/or the Collection's storage
and display areas.
5. TRUST FUND: County shall transfer the Trust Fund to the City subject to the terms
of the Will.
6. TERMINATION OF LICENSES & SERVICE CONTRACTS:
6.1 Upon Park transfer, the County will terminate the License with the Santa Clarita
Valley Historical Preservation Society for operation of the "Heritage Junction".
Pursuant to the License, the Licensee has installed various Licensee -owned
improvements and structures on the Property. The License requires a ninety
(90) day written notice to Licensee to terminate the License.
6.2 County is currently administrating three (3) contracts associated with the
operation of Park as follows: (i) Santa Clarita Area Parks Mowing Contract
#79330 with Mariposa Landscapes, Inc. (provides Hart Park mowing and edging
services); (ii) Veterans Memorial Park - Park Maintenance Services Contract
#79334 with Rich Meier's Landscaping, Inc. (provides Hart Park Campgrounds
and Meadows — Fire Protection Services twice a year) and (iii) North Region
Security Services Contract #79341 With Securitas Security Services USA, Inc.
(provides security services at Hart Park). The County will terminate all three (3)
contracts upon Park transfer to the City.
7. LEASE BACK TO COUNTY: City agrees to lease back a portion of the Expansion
Property for the County's use as a facility yard on a temporary (5 year) and gratis
basis, consistent with the template attached as Exhibit G.
8. FUNDING AGREEMENT: In exchange for the transfers anticipated herein, the City
agrees to reimburse the County for certain enumerated expenses and costs as
specified further in the Funding Agreement incorporated as Exhibit H.
9. LIST OF ATTACHMENTS:
Exhibit A-1:
Legal Description for the Property
Exhibit A-2:
Map for the Property
Exhibit B:
Grant Project Agreement No. P112-12-2298
Exhibit C:
Preliminary Report
Exhibit D:
Collection Inventory and Associated Maintenance Costs
Exhibit E:
Property Transfer Agreement
EXHIBIT F:
Grant Assignment and Assumption Agreement
EXHIBIT G:
Gratis Lease Back
EXHIBIT H:
Funding Agreement
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10. This Agreement contains the entire agreement between the parties hereto, and no
addition or modification of any terms or provisions shall be effective unless set forth
in writing, signed by both County and City.
[Signature Page Follows]
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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.
City of Santa Clarita
a municipal corporation
By:
Kenneth W. Striplin
City Manager
Los Angeles Department of Parks
and Recreation
APPROVED AS TO FORM:
Burke, Williams & Sorenson, LLP
in
Joseph M. Montes, City Attorney
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel:
By: By:
Norma E. Garcia -Gonzalez, Director Rory LoAllen,
Parks and Recreation Senior Deputy County Counsel
Natural History Museum
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel:
By:
Dr. Lori Bettison-Varga, President By:
and Director Casey C. Yourn,
Natural History Museum Principal Deputy County Counsel
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