HomeMy WebLinkAbout1992-07-14 - AGENDA REPORTS - FIRE FEE AGMT RESO 92-152 (2)PUBLIC HEARING
DATE:
SUBJECT:
AGENDA REPORT
City Manager Approval
Stem to be presented by:
July 14, 1992
Fire Fee Agreement
Resolution Number: 92-152
Ordinance Humbert 92=15
DEPARTMENT: Community Development
BACKGROUND
The City and the Los Angeles County Fire District have been meeting and
discussing terms and agreements in order for the City to enact fire fees on
new development. The Board of Supervisors have previously indicated their
intent to adopt a standard fee for North County provided the cities also adopt
the fee. The Cities of Lancaster and Palmdale have entered into agreements
with the District and it is the' Board's desire that the fee go into effect
everywhere on or about August 1992. The Council directed staff in mid-1991 to
work with the District. Staff feels the agreement is now ready for public
review and City action.
ANALYSIS
The agreement provides for the City to adopt a Fire Development Impact Fee
developed by the Fire District. The fee for the first year would be 18.13
cents per square foot of new floor area of all buildings. The fee account
will be updated annually, subject to approval by the City. The District has
agreed to hold the City harmless, and to defend the methodology for enactment
of the fee in case of any challenge.
The fee would not be levied against any expansion or additions to existing
structures which are under2,000 square feet. Any project which has qualified
for a building permit on or before September 28, 1990 is exempt from the fee,
unless the project has a special condition of approval requiring participation.
Expenditure of funds collected are to be as follows:
• The County and the City agree on priorities such as new fire station
locations District -wide.
• The City collects and maintains the funds until such time that the
District invoices for expenditures.
• The City and District will maintain records and share projections of
fund balances on a regular basis.
Adopted; i=
Agenda Ifem:__C2.____
AGENDA REPORT
Fire Fee Agreement
July 14, 1992
Page 2
The agreement has been reviewed by the City Attorney and County Counsel and
their comments are incorporated. Adoption of the fee indicates support for
the District's region -wide efforts to keep capital facilities at a standard
service level, and is one more area that.the County and City can work together
for the betterment of the Valley and North County.
RECOMMENDATION
Staff recommends the City Council hold a public hearing, hear a presentation
by Fire District Staff and take the following actions: 1) Make a finding that
the environmental documentation is adequate and certify it as such; 2) adopt
the Fire Fee. Agreement; and 3) adopt Resolution No. 92-152; and 4) introduce
and hold first reading of the Development Fee Ordinance on behalf of the City
and the Fire District.
Attachments:
1. Proposed Negative Declaration
2. Draft Agreement
3. Resolution No. 92-152
4. Ordinance No. 92-15
LMH:scw:1362
PUBLIC HEARING PROCEDURE
1. Mayor Opens Hearing
a. States Purpose of Hearing
2. City Clerk Reports on Hearing Notice
3. Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4. Proponent Argument (30 minutes)
S. Opponent Argument (30 minutes)
6. Five-minute Rebuttal (Proponent)
a. Proponent
7. Mayor Closes Public Testimony
S. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
TO ESTABLISH A DEVELOPER FEE PROGRAM FOR THE BENEFIT OF
THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY.
PUBLIC NOTICE IS HEREBY GIVEN:
A -public hearing will be held before the City Council .of the City of Santa
Clarita to consider and receive protests relating to the intention of the
Council to establish a City of Santa Clarita Developer Fee Program for the
benefit of the Consolidated Fire Protection District, which includes the
developer fee amount and a Developer Fee Detailed Fire Station -Plan (Fire
Station Plan). -An updated Fire Station Plan has been filed with the City
Council. At the time of the public hearing, the City Council will also
consider the.proposed Negative Declaration for the project.
The public hearing will be held by the City Council in the City Hall Council
Chamber, 23920 Valencia Boulevard, 1st floor, the 14th day of July, 1992, at
or after 6:30 p.m. -
Proponents, opponents and any interested persons may be heard on this matter
at this time. Further information may be obtained by contacting the City
Clerk's office, Santa Clarita City Hall, 23920 Valencia -Boulevard, Suite 300.
Any property owner within an area of benefit -may file a written protest
delivered to the City Council at, or prior to, the public hearing. The
property- owner may protest against any or all of the following: the fire
station facilities proposed to be undertaken or, the developer fee amount
proposed to be levied. All protests must be in writing, signed by the
property owner, and must contain a description of the. property to clearly
identify it. If the signer is not shown on the last equalized assessment roll
as the property owner, the protest must have written evidence that the signer
is the property owner.
If you wish to challenge the action taken on this matter in court, you may be
limited to raising only those issues you or someone else raised at the public,
hearing described in this notice, or in written correspondence delivered to
the City of Santa Clarita at, or prior to, the public hearing.
Dated: June 18, 1992
Donna M. Grindey
City Clerk
Publish Dates: July 4, 1992, and
July 9, 1992
MAR:652
ORDINANCE NO. 92-15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
AUTHORIZING THE ESTABLISHMENT OF A FEE
TO FUND FIRE PROTECTION FACILITIES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council does hereby find, determine and declare:
a. The City is currently engaged in a comprehensive Development Impact
Fee Study. This study will set. forth fees for five different categories of
public facilities. None of these five categories deal with fire protection
facilities. The establishment of a fee to fund fire protection facilities
will supplement the City's Development Impact Fees, once the Development
Impact Fees are adopted.
b. A fire protection facilities fee will allow the City to make
investments in fire protection to maintain fire protection services in the
City and minimize the level of service impacts on such facilities caused by
new development.
C. These fire protection facilities include, but are not limited to, the
acquisition, construction, improvement, and equipping of .fire station
facilities within the City necessary to deliver fire protection and emergency
medical services as necessitated by new development.
SECTION 2. An applicant for a building permit shall pay a fee as
established by resolution of the City. Council to defray the cost of
constructing and equipping fire' protection facilities .to minimize the level of
service impacts on fire protection caused by new development. Such fee shall
be referred to as the fire protection facilities fee.
SECTION 3. The establishment of this fee is part of a related public
facilities financing plan to fund fire protection facilities which is
determined to be a project per the California Environmental Quality Act (CEQA)
and has been reviewed pursuant to its provisions. The Initial Study prepared
for the project has determined that the project will not have a significant
effect an the environment and a Negative Declaration is proposed. A notice of
environmental assessment was posted and advertised, and the proposed Negative
Declaration was made available for a 21 day review period in compliance with
CEQA. No correspondence regarding the project has been received from any
agency, or from the public, during the -review period. The project will not
impact. resources protected by the California Department of Fish and Game and a
finding -of de minimus impact on such resources is appropriate.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy to published as required by law.
PASSED AND ADOPTED by the City Council of at its regular
meeting held on the day of , 1992.
Jill Klajic, Mayor
ATTEST:
Donna M. Grindey, City Clerk
STATE OF CALIFORNIA ) •
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do
hereby certify that the foregoing Ordinance No. 92-15 was regularly introduced
and placed upon its first reading at a regular meeting. of the City Council on
the day of , 1992. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on
the day of. 1992 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Donna M. Grindey, City Clerk
MAR: 666 •
NEGATIVE DECLARATION
DEVELOPER FEE PLAN
FOR ANTELOPE VALLEY, SANTA CLARITA VALLEY,
AND MALIBU/SANTA MONICA MOUNTAINS
PREPARED BY THE ;
COUNTY-OF'LOS ANGELES AND THE
CONSOLIDATED FIRE PROTECTION DISTRICT'
OF LOS ANGELES COUNTY
MAY 1992
u
n
U
RESO NO. 92-152
Page 5
. STATE.OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF SANTA CLARITA)
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the day of , 1992
by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MAR:663
111
Donna M. Grindey, City Clerk _
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SECTION
TABLE OF CONTENTS
PAGE
NEGATIVE DECLARATION ....................................... 1
INITIAL STUDY ................................................ 2
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COUNTY OF LOS ANGELES
CONSOLIDATED FIRE PROTECTION DISTRICT •
NEGATIVE DECLARATION
DEVELOPER FEE PLAN
1. DESCRIPTION OF PROJECT
The Developer Fee Plan would continue to impose a developer fee on those lands
(see."Location of Project") which will benefit from the acquisition,- construction,
improvement, and equipping of fire stations. The fee is needed because existing
revenues are not adequate to provide for the acquisition, construction,
improvement, and equipping of fire stations. The developer fee will fund public
improvements when new developments require additional fire facilities and related
equipment.
An equitable fee of $0.1937 per square foot of floor area of improved property,
with provisions for periodically adjusting the fees based upon cost increases,
would be collected on new development within rapidly expanding areas.
2. LOCATION OF PROJECT .
The Developer Fee Plan would cover designated areas of benefit, those
geographical areas known as the Malibu/Santa Monica Mountains, Santa Ciarita
Valley; and the Antelope Valley. (See, Exhibit 1 to the Initial Study attached).
3.
vrYrnn�,Miyi CPrCl.1J .. ,. - No. mitigation measures are necessary. The Los Angeles •County Code authorizes
the designation of areas which will benefit Nom the construction of public
improvements and. allows for imposition of developer. fees (Chapter 2268,
Procedural Ordinance for Financing of Public Facilities).
4. FINDING OF NO SIGNIFICANT EFFECT
Based on the Initial Study, it has been determined that the project will not have a
significant effect on the physical environment.
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INITIAL STUDY
DEVELOPER FEE PLAN
This Initial Study on the Developer Fee Plan was prepared by the Consolidated Fire
Protection District of Los Angeles County pursuant to the California Environmental
Quality Act (Division 13, California Public Resources Code), the State Environmental
Impact Report Guidelines (Division 6, California Code of Regulations), and the
County's Environmental Document and Reporting Procedures.
1. LOCATION AND DESCRIPTION OF PROJECT
Location:
The Developer Fee Plan would be applicable to the Antelope Valley, Santa Clarita
Valley, and the Malibu/Santa Monica Mountains. (See Exhibit 1.)
Description:
The project consists of a developer fee for the acquisition, construction,
improvement, and equipping of fire stations in the location described above. The -
fee would defray the costs of additional fire stations and equipment in these areas
of rapid growth.
2. COMPATIBILITY WITH GENERAL PLAN
The developer fee is consistent with the County General Plan as it implements Plan
policy regarding the provision of adequate infrastructure to serve. urban growth.
The developer fee is also consistent with Ordinance No. 86-0024 which established
Chapter 22.68 of. the Los Angeles County Code, providing for the establishment of.
fees to be -paid by subdividers or -building permitapplicants. Itis Thus consistent
with the intent of proper development.'
3. ENVIRONMENTAL SETTING
The three areas of Los Angeles County in which a developer fee would continue to
be established are growing rapidly. The Antelope Valley lies in the northern desert,
the Santa Clarita Valley in the central 'mountains, and the Malibu/Santa Monica
Mountains in the coastal lowlands.
The Antelope Valley consists of desert plains, hills, buttes, and dry lake beds. The
major urban centers consist of Lancaster and Palmdale and several smaller
unincorporated areas. The majority of the area is gently sloping to the north and
contains scattered vegetation.
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The central mountains consist of the rugged San Gabriel and Santa Susana .
Mountain ranges. Within this area exists several broad valleys, including the Santa
Clarita Valley. These valleys are covered with numerous plant species including
Valley and Coastal Live Oak trees.
The coastal lowlands is mostly urbanized except for some smaller valleys
associated with the Malibu and Santa Monica Mountains. Hillside vegetation
consists of both hard and soft chaparral species. The valleys to the north of these
mountains are also covered with soft chaparral and oak woodland species.
4. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
Introduction:
As stated earlier, the developer fee is consistent with and implements the County
General Plan. The General Plan identifies areas suitable for urban development
and sets policy for appropriate infrastructure. The certified Environmental Impact
Report prepared for the General Plan analyzes the impact of potential growth. The
proposed fee should be considered 'a mitigation measure to minimize adverse
impacts on fire service.
The County of Los Angeles and the Consolidated Fire Protection District of Los
Angeles County recognize that the developer fee will provide only the funding
necessary to provide the existing level of fire protection facilities. The increased
tax base as a result of development will provide funds for personnel, services, and
supplies.
Natural Hazards;
'No significant impacts will resuk from the continued implementation of a developer.
fee. Each development *will be subject to its own initial study and environmental
impact documentation. Existing local codes. and ordinances will apply to all `
development projects..
.The developer, fee will not result in noise impact.'
Natural Resources;
No significant impact on biological resources or on open space areas designated
in the Conservation and Open Space Element of the County General Pian will
result from the creation of a developer fee.
A developer fee will not result in air or water quality problems. Developer fees will
provide financial resources for fire protection facilities in designated areas of
benefit.
C�
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Cultural Resources/Visual Qualities:
No impacts will result from these factors. Current California Environmental Quality
Act (CEQA) requirementswill be applicable to new projects.
Services:
No adverse impacts on services--traffic/access, sewage disposal, education,
utilities, and fire. Fire facilities will be provided in areas of benefit by the creation of
the developer fee, thereby maintaining the existing level of service in developing
areas.
Summary:
On the basis of this initial study, the developer fee for fire facilities and equipment
will not have a significant impact on the physical environment since it will not:
(a) conflict with existing adopted ordinances or environmental plans;
(b) have a substantial, demonstrable negative aesthetic effect;
(c) substantially affect any rare or endangered species of plant or animal or the
habitat of these species;
(d) interfere substantially with the movement of any resident fish or wildlife
species, or migratory fish or wildlife species;
(e) breach published national, state, or local standards relating to solid waste or
litter control;
(f) : substantially degrade water quality;
(g) contaminate a public water supply;
(h). substantially degrade or deplete ground Water recharge;
(i) interfere substantially with ground water recharge;
(j) disrupf or adversely affect prehistoric or historic archaeological sites, or a
property of historic or cultural significance to a community or ethnic or a
social group; or a paleontological site except as part of a scientific study of
the site;
(k) induce substantial growth or concentration of population;
(I) cause an increase in traffic which is substantial in relation to the existing .
traffic load and. capacity of the street system;
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(m) displace a large number of people;
(n) encourage activities which result in the use of large amounts of fuel, water or
energy;
(o) use fuel, water or energy in a wasteful manner;
(p) increase substantially the ambient noise levels for adjoining areas;
(q) cause substantial flooding, erosion of siltation;
(r) expose people or structures to major geological hazards;
(s) extend a sewer trunk line with capacity to serve new development;
(t) substantially diminish habitat for fish, wildlife or plants;
(u) disrupt or divide the physical arrangement of art establishingcommunity;
(v) create a potential public health or safety hazard; or involve the use,
production or disposal of materials which pose a hazard to people or animals
or plant population in the area affected;
(w) conflict with established recreational, educational, religious or scientific uses
of the area.
.5. DISCUSSION OF WAYS TO MITIGATE SIGNIFICANT EFFECTS
No mitigation measures are necessary because the continued adoption of a
developer fes will not have a'significant impact an the environment. - .
6. INITIAL STUDY PREPARATION
This Initial Study was prepared by the County of Los Angeles and the
Consolidated Fire Protection District of Los Angeles County under the .supervision
of:
A
OERF
Attachment
CA:0F3:0VLP.NE-G0EC
CHIEF, FORESTRY DIVISION
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EXHIBIT 1
dos NRELES
DIEW121OPER FEE Q DGaC I O4 QaGQ�
ANTA.CLLARITAA GV��ALLEY
QU1i,�Q CS
SAN FERNANDO iL
BURBANK-
GLENDALE
MALIBU/
SANTA MONICA
MOUNTAINS
/1 n� /,ti � WEST CENTRAL
SOUTH-
WEST
ANTELOPE VALLEY
W 1219 ��J :8
SOUTH
SOUTHEAST
EAST
SANOABRIEL
VALLEY
NOT TOISCALE
BOUNDARIES OF AREAS OF BENEFIT INCLUDING
UNINCORPORATED COUNTY AREAS
(Consistent with the County of Los Angeles General
Plan Regional Planning Areas)
Santa Clarita Valley Area
Beginning at a point where the Los Angeles County -Ventura County
line intersects the northerly line of Township 6 North,
S.B.B.M. This being the true point of beginning.
Thence, easterly along said township line to the easterly line
of Range 16 West.
Thence, southerly along said range line to the northwest corner
of Sec. 19, T.6N., R.15W,
Thence, easterly along the northerly line. of Sections 19, 20,
21, 22, 23 and 24, T.6N., R.15W. and and continuing easterly,
southerly, and westerly•along Sec.'19, T.6N.,.R.14W. to the
easterly line of.Range 15 West.
Thence, southerly along said range line 'to Sierra Highway.
Thence, northeasterly along Sierra Highway to Davenport. Road.
Thence, easterly along Davenport Road to Agus Dulce Road.
Thence, southerly along Aqua Dulce Road.to Soledad Canyon Road.
Thence, westerly along Soledad Canyon Road to the easterly line
of Sec. 17, T.4N., R.14W.
Thence, southerly along..said section line and continuing
southerly along the easterly line of Sections•20, 29, and 32,
T.4N., R.14W.,, and continuing•southerly along•the easterly line
of. Sections 5. and .$•'to Santa, Clara. Divide .Road.
Thence•, westerly
Road. along Santa Clara Divide Road to Sand Canyon
Thence, -northwesterly along Sand Canyon Road to Placerita Canyon
Road.
Thence, westerly along Sand Canyon Road to Sierra Highway.
Thence, southerly along Sierra Highway to the City of Los
Angeles boundary line in sec. 24, T.3N., R.16W.
Thence, southwesterly along said city line to Sulphur Springs
Road.
Thence, northwesterly along Sulphur Springs Road to Oat Mountain el
Motorway.
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Thence, westerly along oat Mountain Motorway to Palo Salo
Motorway.
Thence, westerly along Palo Salo Motorway to the -Los Angeles
SCounty -Ventura County boundary line.
'hence, northwesterly along said Los Angeles County line to the
point of beginning.
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BOUNDARIES OF AREAS OF BENEFIT INCLUDING
UNINCORPORATED COUNTY AREAS
(Consistent with the County of Los Angeles General
Plan Regional Planning Areas)
Antelope Valley Area
Beginning at a point which is the most northwesterly corner of
the Los Angeles County boundary located in Sec. 4, T.8N.,
R.19W., S.B.B.M. This being the true point of beginning.
Thence, easterly and southerly along the Los Angeles County
boundary to its intersection with the Angeles National Forest
boundary at the southerly line of.Sec. 13, T.1N., R.BW.
Thence, westerly along said Forest boundary and all its various
courses to the City of La Verne boundary in Sec. 19, T.1N.,
R.8W.
Thence, northerly, westerly, and southerly along said city
boundary to the Angeles National Forest boundary at the
southwest corner -of Sea. 24, T.1N., R.9W..
Thence, westerly along said Forest boundary to the City of San
Dimas boundary line at .the east line of the west 1/4 of Sec. 24,
T.1N., R.9W.
Thence, northerly and'westerly along said city -boundary to the
City of Glendora boundary in Sec. 14, T.1N., R.9W.
Thence, northerly and westerly along said city boundary to the
northwest corner.of Sec. 15, T.iN., R.9W._
Thence, southerly along. the West line of said Section 15 to the
southwest corner of said Section 15 and the Angeles National
Forest boundary.
Thence, westerly along said Forest boundary to.the,-,City of.
Glendora'boundary-at.the east line of the west 1%4 of Sec. 17,
T.1N., R.9W.
Thence, northerly and westerly along said city boundary and all
its various courses to the Angeles National Forest boundary at
the south line of the west 1'/4 of Sec. 13, T.1N., R.9W.
Thence, westerly along said Forest boundary to the City.of
Duarte boundary at the southeast corner of Sec. 16, T.1 N.,
R.low.
Thence, northerly and westerly along said city boundary to the
City of Monrovia boundary at the northeast corner of Sec. 7,
T.1N., R.10W.
Thence, westerly and southerly along said city boundary to the
Angeles National Forest boundary at the southerly line of Sez.
10, T.1N., R.11W.
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Thence, westerly along said Forest boundary and all its various
courses to the City of Pasadena boundary at the southeast corner
Of Sec.. 2, T -IN., R.12W.
. Thence, northerly, westerly, and southerly along said city
boundary to the power lines at the west line of the east 1/4 of
Sec. 2, T.1N., R.12w.
Thence, northwesterly along said power lines to the Angeles
National Forest boundary along the west line of said Section 2.
Thence, northerly and westerly along said Forest boundary and
all its various courses to the City of Pasadena boundary at the
southeast corner of Sec. 24, T.2N., R.13W.
Thence, northerly, westerly, and southerly along said city
boundary to the Angeles National Forest boundary at the center
of the south line of said Section 24.
Thence, westerly along said Forest boundary and all its -various
courses to the City of Los Angeles boundary at the southeast
corner of Sec. 17, T.2N.0 R.13W.
Thence; northerly and westerly along said.city boundary and all
its various courses to the Grant boundary line in Sec. 6, T.2N.,
R.14W.
Thence, westerly along said Grant line to the City of Los
Angeles boundary line in Seca 1, T.2N., R.15W.
Thence, northerly and westerly along said city boundaryand all
its various courses to the south line of .Sec. 25, T.3N., R.15W.
Thence, westerly along the south line of said Section 25 to a
Grant boundary line in. said Section 25.
Thence, northerly, and westerly along said Grant line to the
easterly line'of-the west•1/2'of Section 25, T.3N., R.15W.-
Thence, northerly along the.easterly line of the west 1%2 of
said Sec. 25 to the City of.Los Angeles boundary line at the
center of Section 24,.T.3N., R.15W.
Thence, westerly along said city boundary and all its various
courses to Sierra Highway.
Thence, northerly. along Sierra Highway to Placerita Canyon Road.
Thence,easterly along Placerita Canyon Road to Sand Canyon
Road.
Thence, southeasterly along Sand Canyon Road:to Santa Clara
Divide Road.
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Thence, easterly along Santa Clara Divide Road to the easterly `
line of Sec. 8, T..3N., R.14W.
Thence, northerly along the easterly lines of Sections 8 -and 5, i
T.3N., R.14W., and continuing.northerly along the easterly lines
of Sections 32, 29, 20, and 17, T.4N., R.14W., to Soledad Canyon
Road.
Thence, easterly.along Soledad Canyon Road to Agua Dulce Road.
Thence, northerly along Agua Dulce Road to Davenport Road.
Thence, westerly along Davenport Road to Sierra Highway.
Thence, southwesterly along Sierra Highway to the easterly -line
of.Range 15 West.
Thence, northerly along the easterly line of Range 15 West to
,the southwest corner of Section 19, T.6N.0 R.14W.
Thence; easterly along the southerly line, northerly along the
easterly line, and westerly along the northerly line of said
'Section 19,.arnd continuing westerly along the southerly lines -of
Sections 13, 140 15, 16, 17, and 18, T.6N.0 R.15W., -to the
easterly line of Range 16 West.
Thence, northerly along said range line. to the northerly line of
Township 6 North.
Thence, westerly along said township line to the Los Angeles •
County -Ventura County line.
Thence, northwesterly along said Los Angeles County boundary to
the point of beginning.
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BOUNDARIES OF AREAS OF BENEFIT INCLUDING
UNINCORPORATED COUNTY AREAS
(Consistent.with the County of Los Angeles General
Plan Regional.Planning Areas)
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Malibu Monica Mountains Area
Beginning at a point where the Los Angeles County -Ventura County
boundary line meets the Pacific Ocean mean high tide line. This
being the true point of beginning.
Thence, northeasterly along said Los Angeles County boundary
line and all its various courses to the City of Los Angeles
boundary line along the southerly line of Sec. 9, T.iN., R.17W.0
S.B.B.M.
Thence, southeasterly along said city boundary and all its
various courses to the Pacific Ocean mean high tide line.
Thence, westerly along said mean high tide line and all -its
various courses to the point of -beginning.
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7-2-92
AGREEMENT BETWEEN THE CONSOLIDATED FIRE PROTECTION DISTRICT
OF LOS ANGELES COUNTY AND THE CITY OF SANTA CLARITA FOR
THE ADOPTION AND ADMINISTRATION OF THE DEVELOPER FEE
BY THE CITY OF SANTA CLARITA FOR THE BENEFIT OF
THE CONSOLIDATED FIRE PROTECTION DISTRICT
THIS AGREEMENT is made and entered into this day of
1992 between the CITY OF SANTA CLARITA, hereinafter
referred to as "City" and the CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS
ANGELES COUNTY, hereinafter referred to as "District".
WHEREAS, the City is currently annexed to the District and receives fire protection
and emergency medical services from the District; and
WHEREAS, the revenue available to the District is insufficient to acquire, construct,
and operate fire stations to address additional fire protection and emergency medical i
services needs resulting from new development within the City; and
WHEREAS, the District has few options available in raising revenue to fund fire
stations required by expansion; and
WHEREAS, in order to implement the General Plan of the County of.Los Angeles,
hereinafter referred to as "County", on July 12, 1990, the County approved a Developer
Fee Program for the benefit of the District to fund fire stations and apparatus necessary to
deliver service to new development in urban expansion areas, hereinafter referred to as
"Developer Fee Program"; and
WHEREAS, the District has developed a capital improvement plan which was
adopted by County resolution and which will be annually updated and adopted by
resolution of the County; and
WHEREAS, the District does not possess the necessary police powers to impose a
developer fee within the City; and
WHEREAS, the District has approached the City to utilize the City's police powers in
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order to implement a developer fee for the purpose of funding fire stations and apparatus
for the benefit of the District; and
WHEREAS, the City has developed a capital improvement plan which is consistent
with the District's capital improvement plan for fire stations; and
WHEREAS, the City's fire protection requirements have been addressed by the
County's and the City s capital improvement plans; and
WHEREAS, seven (7) fire stations, at an estimated cost of $11.9 million, will be
required to serve the City as specified in the County's capital improvement plan for fiscal
years 1991-92 through 1995-96, and
WHEREAS, new development in the City will create incremental requirements on
the District for expanded fire protection and emergency medical services; and
WHEREAS, the City desires to receive an appropriate level of fire protection and
emergency medical services to be provided by the District; and
WHEREAS, the City subscribes and endorses the regional concept of fire protection
which involves the District prioritizing the scheduling and placement of fire stations for the
best interest of the City and the Santa Clarita Valley Benefit Area as designated in the
County Developer Fee Program, hereinafter referred to as "Area 2"; and
WHEREAS, the City desires to assist and support the District in financing fire
stations to address fire protection and emergency medical service requirements within the
City that are needed because of urban expansion and new development; and
WHEREAS, the adoption of an ordinance by the City to implement the Developer
Fee Program for the funding of District capital improvements would provide for the
necessary new fire stations and apparatus required to deliver additional fire protection and
emergency medical services required by new development within the City; and
WHEREAS, residents of the City will benefit from the additional fire protection
services provided by newly built fire stations funded by the Developer Fee within Area 2;
0 and
WHEREAS, City agrees to assist in funding its proportionate share of additional fire
-2-
protection facilities and fire apparatus required within Area 2; and
WHEREAS, State Government Code 66000, et seq., (AB :1600) regarding
Developer Fee requirements have been met by the County.
NOW, THEREFORE, IN of the promises, covenants,
representations and agreements set forth herein, the parties mutually agree as follows:
A. The City will review, hold a public hearing, and subsequentlyconsider the:
1) Report on a Developer Fee Plan for the Consolidated Fire Protection
District, hereinafter referred to as "Report on a Developer Fee" dated March
1990, attached hereto as Exhibit A, as may be revised, which includes the
territorial limits of the City in Area 2; 2) Update of the County of Los Angeles
Developer Fee for the Benefit of the Consolidated Fire Protection District
dated June 12, 1991, and.as subsequently amended, attached hereto as .
Exhibit B; 3) capital improvement plan entitled Developer Fee Detailed Fire
.Station Plan dated May 1991, and as subsequently amended, hereinafter
referred to as "Detailed Fire Station Plan", attached hereto as Exhibit C, and
4) ordinance or. other action to adopt a Developer Fee for the Benefit of the
District and take all other appropriate actions as required by Section 66000,
et seq., of the Government Code necessary to adopt such Developer Fee.
Exhibits A, B, and C are attached hereto and incorporated herein by this
reference.
B. The City shall consider the Negative Declaration together with all comments
received during a public review process and make the appropriate
environmental findings.
C. The City agrees and shall make appropriate findings regarding the public's
health, safety, and general welfare requiring that provisions be made for the*
construction, installation, and equipping of the proposed public facilities as
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0
0
D.
E.
F
G.
In
specified in the Detailed Fire Station Pian.
The City agrees that the collection of the Developer Fees, if adopted, will be
a condition of the City before issuing a building permit. The City will collect
such fees and will require that building permit issuances be withheld until the
Developer Fee obligation has been met by the applicant.
The Developer Fee will be based upon a determination by the District,
subject to review and approval by the City, of the required service provision.
The Developer Fee amount for Fiscal Year 1991-92 is $.1813 per square foot
of the new floor areas of buildings. The Developer Fee amount will be
updated annually.
The City shall deposit the funds from the Developer Fee, if adopted, into a
separate capital facilities account to avoid any commingling of such funds
with other revenues and funds of the City.
If the City adopts a Developer Fee, the City shall transfer to the District,
within thirty (30) days written notice (invoice) by the District of expenditure of
funds for the acquisition, construction, improvement, or equipping of a fire
station facility or the acquisition of apparatus, amounts necessary to
reimburse the District for such purpose. The District shall annually provide to
the City an estimate of all costs related to capital facilities financing. The
invoice provided to the City by the District shall be consistent with both the
Detailed Fire Station Plan as approved by the City and the District's estimate
of costs.
In the event that the City annexes additional territory subsequent to the
Implementation of the Developer Fee, the territorial limits of Area 2 specified
in the Report of a Developer Fee Plan (Exhibit A) shall be revised, if
necessary, and the City shall take appropriate action so that the newly
annexed territory shall be bound by the provisions as set forth in this
Agreement.
!E
II. CAPITAL IMPROVEMENTS
A. Developer Fee revenues generated within the City shall be used to fund the
acquisition, construction, improvement, and equipping of fire station facilities
within the City necessary for the District to deliver fire protection and
emergencymedical services to the City as necessitated by new development
and to assist in funding the City's proportionate obligation of fire station
facilities. constructed within Area 2, which jurisdictional coverage includes
areas within the City's boundaries. In the event a fire station facility which is
constructed within the City contains jurisdictional boundaries which
encompass areas outside of the City's boundaries, the City shall only be
responsible for funding its proportionate share of the cost of the facility or
apparatus. The City's proportionate share of the total cost of construction of
facilities and fire apparatus to be financed by Developer Fee revenues
generated within the City shall be a percentage determined by dividing (i) th
area located within the City's boundaries covered by the station by (ii) the
total area covered by the station as (i) and (ii) are determined by the District.
B. The District shall fund its proportionate share of facilities and fire apparatus in
conjunction with City's proportionate share described in Section II, paragraph
A, herein.
C. Title to all fire station facilities financed with Developer Fee revenue shall be
held by the District. In the event that the District ceases to provide fire
protection services to the City, title to all stations located within the City's
boundaries financed with Developer Fee revenue shall revert to the City.
This provision shall be subject to and not limit the reasonable distribution and
reallocation of assets required by any reorganization of the District or City.
D. Seven (7) fire stations will be required to serve the City as specified by the
Detailed Fire Station Plan for fiscal years 1991-92 through 1995-96 at capitals
costs of $11,932,926 in 1991-92, plus administrative costs. This Detailed
-5-
Fire Station Plan shall be updated on an annual basis.
E. Annually, fire protection requirements shall be reviewed and adjusted to
address changing requirements for the forthcoming five years. The City and
District shall meet and consult regarding the prioritization of the scheduling
and placement of fire stations in the City to address the needs and concerns
of the City. Items for consideration shall include, but not be limited to, the
City's rate of development, the City General Plan, and the amount of
Developer Fees collected in the City. The District shall have the authority for
the placement and scheduling of fire station construction and equipment and
apparatus funded with Developer Fee revenues transferred Irom the City
within Area 2.
F. In the event that the City is granted a sphere of influence, the City may, upon
agreement by the District, participate in the prioritization of the scheduling
. and placement of fire stations within such sphere of influence.
The Developer Fee will not be levied against any existing development or new
additions which are under 2,000 square feet, or development on rural or public use
land, nor will the Developer Fee be levied against projects that have submitted a
qualified building permit application on or before September 28, 1990. However,
any project with a specific condition set upon it to participate in an appropriate fire
station financing mechanism does not qualify for this exclusion and shall remain
subject to the Developer Fee.
Neither Developer Fee exemptions nor payment deferrals shall be granted by the
10 County, District, or City.
M
V. IN -KIND -CONSIDERATION
The District shall keep the City apprised of and shall coordinate with the City on all*
in-kind considerations that may be accepted by the District to finance a developer's
proportionate share of the cost of fire stations and apparatus. The agreements
between the District and the developer will be negotiated. The City may elect not to
participate in negotiations. Appropriate in-kind considerations may include an
improved lot, construction of a fire station, fire apparatus, or infrastructure
improvements directly necessary for the implementation of a fire station and would
fulfill the Developer Fee obligation, in whole or in part. The value of in-kind
considerations shall be determined by an MAI appraiser, cost estimator, or person
similarly qualified as determined by the District.
A. The District shall report to the City at least once annually the monies
expended in the City and shall Include Information regarding the amount of
funds transferred to the District from the City and the manner and location in
which funds were expended at least thirty (30) days before the close of the
City's fiscal year.
B. The City shall report to the District at least once annually the monies
collected in the City and the monies transferred to the District as least thirty
(30) days before the close of the District's fiscal year.
A. In coordination and cooperation with the City, the District shall be responsible
for making annual adjustments to the Detailed Fire Station Pian and
Developer Fee amount, as provided for in the Report on a Developer Fee for
County and City adoption. •
B. The proposed adjustments to the Detailed Fire Station Plan and Developer
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A. By District
1. In the event of any suit, claim, or action brought by any person or
1. Inserted language entity challenging the Developer Fee amount as determined by the
to be adopted by Council
"the legality or validity District, use of the Developer Fees transferred to the District by the
of any provision of this .
Agreement, City, or the legality or validity of the Districrs Developer Fee Fire
Station Detailed Plan, the District shall Indemnify, hold harmless, and
defend, if requested, in writing by City within fifteen (15) days of
service of process, the City, the City Council and each member,
thereof, and every officer and employee of the City (indemnified
parties) from any liability of financial loss resulting from any such suit,
claim, loss or action brought by any person or persons and from all
costs and expenses resulting from the above actions provided that the
indemnified parties cooperate fully with the District in the defense. of
M
Fee anticipated expenditures for the subsequent fiscal year shall be
submitted to the City at least thirty (30) days before the Gose of the City's
fiscal year.
C. In the event that an updated Developer Fee and Detailed Fire Station Plan
have not been adopted by the City within a reasonable period of time after
adoption by the Board of Supervisors of the County of the updated Developer
Fee and Detailed Fire Station Plan, the City agrees to take appropriate action
to suspend the Developer Fee Program in the City.-
ity.D.
D.In the event that a good faith effort has been made by the District and the
City, but anticipated delays preclude adoption of the updated Developer Fee
and Detailed Fire Station Plan in a reasonable time, the City shall continue to
enforce the Developer Fee Program until such time as all appropriate and
necessary approvals between the City and the County occur.
•
VIII. INDEMNIFICATION
A. By District
1. In the event of any suit, claim, or action brought by any person or
1. Inserted language entity challenging the Developer Fee amount as determined by the
to be adopted by Council
"the legality or validity District, use of the Developer Fees transferred to the District by the
of any provision of this .
Agreement, City, or the legality or validity of the Districrs Developer Fee Fire
Station Detailed Plan, the District shall Indemnify, hold harmless, and
defend, if requested, in writing by City within fifteen (15) days of
service of process, the City, the City Council and each member,
thereof, and every officer and employee of the City (indemnified
parties) from any liability of financial loss resulting from any such suit,
claim, loss or action brought by any person or persons and from all
costs and expenses resulting from the above actions provided that the
indemnified parties cooperate fully with the District in the defense. of
M
any such lawsuit.
2. The City shall give written notice to the District of any such suit, claim
or action within fifteen (15) days after service of process upon the City.
3. If any court of competent jurisdiction issues an order, ruling, or
judgment in such suit or action which includes a requirement that the
City pay or reimburse to any party the Developer Fee paid to the City,
the District hereby agrees to pay or reimburse the portion of such
Developer Fee that has been transferred to the District by the City.
The District shall pay or reimburse such Developer Fee
notwithstanding the expenditure of such Developer Fee.
4. The District shall retain the authority to reject any compromise or
settlement by the City of any suit, claim, or action for which the City
seeks indemnification.
B. By City •
1. In the event that, if adopted, the City modifies a material requirement
contained in the Report on a Developer Fee Plan so that the
Developer Fee amount to be assessed or imposed by the City differs
from the Developer Fee amount as determined by the District, the City
shall indemnify, hold harmless, and defend the County of Los
Angeles, the District, and each member thereof, and every officer,
employee and agent of the County and, District from any liability or
financial loss resulting from any suit, claim, loss or action brought by
any person or persons challenging the imposition and/or collection of
the Developer Fee by the City which was based on any such modified
requirement or Developer Fee amount.
2. The District shall give written notice to the City of any such suit, claim.
or action within fifteen (15) days after service of process upon the
District.
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3. If any court of competent jurisdiction issues an order, ruling, or
judgment in such suit or action which includes a requirement that the
District pay or reimburse to any party the Developer Fee paid to the
City, the City hereby agrees that it will pay or reimburse the portion of
such Developer Fee that has been transferred to the District by the
City.
4. The City shall retain the authority to reject any compromise or
settlement by the District of any suit, claim, or action for which the
District seeks indemnification.
-10-
IN WITNESS WHEREOF, the City of Santa Clarita has caused this Agreement to be
executed by its duly authorized officer; and the Board of Supervisors of the County of Los*
Angeles, as the governing body of the Consolidated Fire Protection District of Los Angeles
County, .has caused this Agreement to be executed by its Chairman and attested by its
Clerk, on the day, month and year noted herein below.
CITY OF SANTA CLARITA
By
F SANTA CLARITA
Date
By
CITY CLERK
CITY OF SANTA CLARITA
APPROVED AS TO FORM: .
By
CITY ATTORNEY
CITY OF SANTA CLARITA
on:rnsaoFAGR
CONSOLIDATED
DISTRICT OF LO:
:e.:s,
Date
ATTEST:
COUNTY
LARRY J. MONTEILH, Executive Officer,
Clerk of the Board of Supervisors
Deputy
APPROVED AS TO FORM:
DE WITT W. CLINTON, County Counsel
By
Deputy
(COUNTY SEAL)
-11-
•
�j
RESOLUTION NO. 92-152
A RESOLUTION OF THE.CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA
ADOPTING A FINANCING PLAN TO FUND FIRE PROTECTION FACILITIES
BY ADOPTING THE COUNTY OF LOS ANGELES DEVELOPER FEE FOR
THE BENEFIT OF THE CONSOLIDATED FIRE PROTECTION DISTRICT OF
LOS ANGELES COUNTY TO FUND FIRE PROTECTION FACILITIES
IN THE BENEFIT AREA DESIGNATED AS THE SANTA CLARITA VALLEY
AND CERTIFYING NEGATIVE DECLARATION 92-001
SECTION 1. The City Council does hereby make the following findings ,of
fact:
a.. The City of Santa Clarita is currently a member of the Consolidated
Fire Protection District of Los Angeles County (District) and
receives fire protection and emergency 'medical services from the
District.
b. The revenue available to the District is insufficient to implement
and operate fire stations to address fire protection and emergency
medical services needs resulting from new development within the City.
C. In order to implement the General Plan of the County of Los Angeles
(County), the County has approved a Developer Fee Program for the
benefit of the District to fund fire stations.and apparatus necessary
to deliver service to new development in urban expansion -areas.
d. In order to implement the City's General Plan, the City desires to
assist and support the District in financing fire stations to address
fire protection and emergency medical service requirements within the
City that result from urban expansion and new development.
e. The District has developed a capital improvement plan which has been
adopted by County resolution and which will be annually updated and
adopted by resolution.
f. The City's fire protection requirements have been addressed by the
County's capital improvement plan.
g. New development in the City will create substantial requirements on
the District for expanded fire protection services.
h. Imposition by the City of the County's Developer Fee for the District
would provide necessary funding for the new fire stations and
apparatus required to deliver expanded fire protection services
required by development within the City.
i. The City -desires to receive an appropriate level of fire protection
and emergency medical services to be provided by the District.
j. State Government Code 66000, et seq., regarding Developer Fee
requirements have been met by the County.
0
RESO NO. 92-152
Page 2
k. The City finds that the County's Developer Fee Plan and capital
improvement plan for fire stations are appropriate to meet the
requirements.of the City.
1. The City finds that the Negative Declaration promulgated by the
County is applicable to the City.
M. The City agrees to condition building permit issuance on proof of the
applicant fulfilling the Developer Fee obligations of the County.
n. The City subscribes and endorses the regional concept of fire
protection which involves the District prioritizing the scheduling
and placement of fire stations for the best interest of the Santa
Clarita Valley Benefit Area.
SECTION 2. This financing plan is determined to be a project per the
California Environmental. Quality Act (CEQA) and has been reviewed pursuant to
its provisions. The Initial Study prepared for the project has determined
that the project will not have,a significant effect on the environment and a
Negative Declaration is proposed. A notice of environmental assessment was
posted and advertised, and the proposed Negative Declaration was made
available for a 21 day review period in compliance with CEQA. No
correspondence regarding the project has been received from any agency, or
from the public, during the review period. The project will not impact
resources protected by the California Department of Fish and Game and a
finding of de minimus impact on such resources is appropriate.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 3. The City Council further finds and determines as follows:
a. The City has reviewed and hereby approves: (1) Report on a Developer
Fee Plan for the Consolidated Fire Protection District, hereinafter
referred to as the "Developer Fee Plan;" (2) capital improvement plan
titled the Developer Fee Detailed Fire Station Plan; and (3)
Resolution to adopt a Developer Fee for the Benefit of the
Consolidated Fire Protection District and to Designate Areas of
Benefit, which are incorporated herein by reference.
b. The Developer Fee Plan includes the territorial limits of the City in
the Area of Benefit designated.as the Santa Clarita Valley.
C. Growth projections for the Year 2010 indicate that 50 new fire
stations will be required to deliver service to the County Designated
Areas of Benefit (known as Areas One, Two, and Three), at capital
costs of $121 million in. 1989-90 dollars. Should projections of
development change, fire station requirements will be adjusted
accordingly.
RESO NO. 92-152
Page 3
d. The Developer Fee Fire Station Detailed Plan for 1990-91 through
1994-95 specifies 17 fire stations which will be required in the
three Areas of Benefit.
e. Fire station placement will be guided by the General Development
Policy Map of the Los Angeles County General Plan, and Exhibit PF -6.
(Public Facilities Plan) of the City of Santa Clarita General Plan.
Annually, fire protection requirements shall be reviewed and adjusted
to address changing requirements for the forthcoming five years.
f. The Developer Fee Plan and the Developer Fee Detailed Fire Station
Plan, which serves as the capital improvement plan for fire stations
of the District, are appropriate to implement the City's.General Plan
with respect to the City's fire protection service needs.
g. Developer Fee revenues generated within the City shall fund
acquisition, construction, improvement, and equipping of facilities
necessary for the District to deliver fire protection services to the
City. The City finds that there are reasonable relationships between
1) the Developer Fee's use and the type of development project on
which the fee is imposed, 2) and need for the public facility and the
type of development project on which the fee is imposed; and 3) the
amount of the fee and the cost of the public facility or portion of
the public facility attributable to the development on which the fee
is imposed. Such determination is based on the Report on the
Developer Fee Plan.
h. The Developer Fee is based on a determination by the District of the
required service provision: During the City's first year of the
program (1992-93), fees will be $.1813 per square foot of the new
floor areas of buildings.
i. The Developer Fee will not be levied against any existing
development, new additions which are under 2,000 square feet, or
development on rural or public use land.
J. The Developer Fee will not be levied against projects that have
submitted a qualified building permit application on or before
September 28, 1990. However, any, project with a specific condition
set upon it to participate in an appropriate fire station financing
mechanism will remain subject to the Developer Fee.
k. Collection of fees will be a condition of issuing building permits.
The City will require that building permit issuances be withheld
until proof that the Developer Fee obligation has been met by the
applicant.
1. The District will conduct annual evaluations of the Developer Fee
Program and make appropriate recommendations. to the County Board of
Supervisors and the City. All proposed fee adjustments will be
reviewed by the County of Los Angeles Auditor -Controller. Cost of
the most recently. constructed fire stations within the District will
i
t
s
RESO NO. 92-152
Page 4
be analyzed and adjusted to estimated current costs. Other factors
such as growth projections, development trends, and other appropriate
indices or measures of inflation may also be considered.
M. The District will prepare an annual capital improvement plan for
adoption by the City and the County Board of Supervisors.
n. The public's health, safety, and general welfare require that
provisions be made for the construction, installation, and equipping
of the proposed public facilities as specified in the Developer Fee
Detailed Fire Station Plan.
o. The City Council has considered the Negative Declaration together
with all comments received during the public . review process,
incorporated herein by reference, and finds that the project will not
have a significant effect on the environment, and approves the
Negative Declaration.
p. City, approves and adopts the County Developer Fee for the
consolidated Fire Protection District of Los Angeles County effective
sixty (60) days from the adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Clarita, California as follows:
SECTION 4. The City Council hereby certifies the Negative Declaration
prepared for the project.
SECTION 5. The City Council hereby approves the agreement between the
Consolidated Fire Protection District of the County of .Los Angeles and the
City of Santa Clarita to fund fire protection facilities.
SECTION 6. The City Clerk shall certify the adoption of this Resolution
PASSED, APPROVED AND ADOPTED this day of 1992.
.Till Klajic, Mayor
ATTEST:
Donna M. Grindey, City Clerk
RESO NO. 92-152
Page 5 ;
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF SANTA CLARITA)
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the day of , 1992
by the following vote of Council:
7
AYES: COUNCILMEMBERS: i
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Y:
Donna M. Grindey, City Clerk
MAR:663