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HomeMy WebLinkAbout1992-08-25 - RESOLUTIONS - JOINT PUBLIC FACILITIES AGMT (2)RESOLUTION NO. 92-1§,5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING A JOINT PUBLIC FACILITIES AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF SANTA CLARITA IN CONNECTION WITH THE PROPOSED INTEGRATED FINANCING DISTRICT NO. 92- 5 (VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL 51PROVEMENTS) WHEREAS, the City of Santa Clarita, California (the "City") has received and filed a "Preliminary Report of Engineer" originally dated July 1, 1991, and updated as of August 25, 1992 (the "Engineer's Report"), describing certain public facilities (the "Improvements") to be constructed in the general area of the Valencia Industrial Center; and WHEREAS, the County of Los Angeles (the "County") and the City intend to initiate proceedings for the formation of an assessment district pursuant to the Landscaping and Lighting Act of 1972, commencing with California Streets and Highways Code Section 22500, and the Integrated Financing District Act, commencing with California Government Code Section 53175 (collectively, the "Acts"), designated the City of Santa Clarita and County of Los Angeles, Integrated Financing District No. 92-5 (Valencia Industrial Center Traffic Signal Improvements) (the "Integrated Financing District") (the proposed boundaries for which are described in the Engineer's Report), to finance the construction and acquisition of the Improvements; and WHEREAS, California Government Code Section 53179.5 authorizes the legislative bodies of two or more local agencies to enter into an agreement to exercise any power authorized by the Acts; and WHEREAS, the County and the City intend for the Newhall Land and Farming Company, a California limited partnership (the "Developer") to commence construction of the Improvements and Developer is willing and able to advance moneys or work -in-kind or commit to advance moneys or work -in-kind at such time and in sufficient amounts so that Improvements may be completed; and WHEREAS, a portion of the Improvements within the County's jurisdiction, when constructed by the Developer to the County's satisfaction and pursuant to the Engineer's Report, 1293.2 shall be accepted for ownership, operation and maintenance by the County pursuant to a Joint Public Facilities Agreement (the "Agreement"), by and between the County and the City, the form of which is attached hereto and incorporated herein as Exhibit ; and WHEREAS, a portion of the Improvements within the City's jurisdiction, when constructed by the Developer to the City's satisfaction and pursuant to the Engineer' Report, shall be accepted for ownership, operation and maintenance by the City pursuant to this Agreement; and WHEREAS, the Developer is willing to proceed with the construction of the Improvements upon receipt of this Agreement, in executed form, from the County and the City indicating their commitment to reimburse the Developer for such advances upon receipt of moneys from contingent assessments to be levied for the payment of the Improvements for which the advances were made, pursuant to the terms of this Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct. SECTION 2. The Agreement in the form attached hereto as Exhibit is hereby approved and the Mayor of the City Council and the City Clerk are hereby authorized and directed to execute the Agreement in substantially the form hereby approved, with such additions thereto and changes therein as are recommended or approved by Counsel to the City, Special Counsel to the Integrated Financing District and the officers executing the same, with such approval to be conclusively evidenced by the execution and delivery of the Agreement. SECTION 3. All actions heretofore taken by officers and agents of the City with respect to the Agreement are hereby approved, confirmed and ratified, and the Mayor and City Clerk and the other officers of the City responsible for the fiscal affairs of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the purposes of the Agreement. In the event that the Mayor is unavailable to sign any document authorized for execution herein, the City Manager, or his written designee, may sign such document. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk. SECTION 4. The City Clerk shall certify the adoption of this Resolution. 25293.2 -2- PASSED AND ADOPTED by the City Council of the City of Santa Clarita at a regular meeting held on the 25th day of August, 1992. CITY OF SANTA CLARITA, CALIFORNIA w MAYOR ATTEST: CITY CLERK 5293.2 -3- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss I, DONNA GRINDEY, City Clerk of the City of Santa Clarita, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the City Council held on the 25th day of August 1992, by the following roll call vote: AYES: COUNCILMEMBERS Boyer, Darcy, Heidt, Pederson, Klajic NOES: COUNCILMEMBERS gone ABSENT: COUNCILMEMBERS None ABSTAINED: COUNCILMEMBERS None CITY CLERK 25293.2 -4- EXHIBIT A COUNTY OF LOS ANGELES AND CITY OF SANTA CLARITA INTEGRATED FINANCING DISTRICT NO. 92-5 (VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS) JOINT PUBLIC FACILITIES AGREEMENT This AGREEMENT is made and entered into this 28th day of August, 1992, by and between the COUNTY OF LOS ANGELES, a political subdivision of the State of California (the "County"), and the CITY OF SANTA CLARITA, CALIFORNIA, a general law city and municipal corporation (the "City"). REEIIALi WHEREAS, the County adopted its Resolution No92=16!&n Aug• 25th , 1992, declaring that this Joint Public Facilities Agreement (the "Agreement") would be beneficial to the residents of the County; and WHEREAS, the City adopted its Resolution No 92=1c& Aug. 25th , 1992, declaring that this Agreement would be beneficial to the residents of the City; and WHEREAS, the City has received and filed a "Preliminary Report of Engineer" originally dated July 1, 1991, and updated as of August 25, 1992 (the "Engineer's Report"), attached hereto and incorporated herein as Exhibit "A", describing certain public facilities (the "Improvements") to be constructed in the general area of the Valencia Industrial Center; and WHEREAS, the County and the City intend to initiate proceedings for the formation of an assessment district pursuant to the Landscaping and Lighting Act of 1972, commencing with California Streets and Highways Code Section 22500, and the Integrated Financing District Act, commencing with California Government Code Section 53175 (collectively, the "Acts"), designated the City of Santa Clarita and County of Los Angeles, Integrated Financing District No. 92-5 (Valencia Industrial Center Traffic Signal Improvements) (the "Integrated Financing District") (the proposed boundaries for which are described in the Engineer's Report), to finance the construction and acquisition of the Improvements; and WHEREAS, California Government Code Section 53179.5 authorizes the legislative bodies of two or more local agencies to enter into an agreement to exercise any power authorized by the Acts; and WHEREAS, the County and the City intend for the Newhall Land and Farming Company, a California limited partnership (the "Developer") to commence construction of the Improvements and Developer is willing and able to advance moneys or work -in-kind or commit to advance moneys or work -in-kind at such time and in sufficient amounts so that Improvements may be completed; and 15883.4 WHEREAS, a portion of the Improvements within the County's jurisdiction, when constructed by the Developer to the County's satisfaction and pursuant to the Engineer's Report, shall be accepted for ownership, operation and maintenance by the County pursuant to this Agreement; and WHEREAS, a portion of the Improvements within the City's jurisdiction, when constructed by the Developer to the City's satisfaction and pursuant to the Engineer' Report, shall be accepted for ownership, operation and maintenance by the City pursuant to this Agreement; and WHEREAS, the Developer is willing to proceed with the construction of the Improvements upon receipt of this Agreement, in executed form, from the County and the City indicating their commitment to reimburse the Developer for such advances upon receipt of moneys from contingent assessments to be levied for the payment of the Improvements for which the advances were made, pursuant to the terms of this Agreement. NOW, THEREFORE, the COUNTY OF LOS ANGELES and the CITY OF SANTA CLARTTA hereby agree as follows: AGREEMENT 1. Recitals. The above recitals are all true and correct. 2. Construction of Improvements. The Improvements shall be constructed by Developer according to the County's and the City's plans and specifications, as may be applicable, and as more fully set forth in the Reimbursement Agreement. Upon completion of the Improvements to the satisfaction of the County and the City, the County and the City shall accept the Improvements located within their respective jurisdictions. 3. RRcpayment. The County and the City hereby agree to repay the Developer the amount of its expenditures, without interest, as full payment for the moneys expended by Developer for the Improvements financed by the Integrated Financing District, solely from and upon receipt of moneys from contingent assessments to be levied under the Integrated Financing District proceedings conducted by the City, pursuant to the limitations of Section 7 herein. It is the intent of the parties that, following formation of the Integrated Financing District, the County, City and Developer will execute a Reimbursement Agreement for repayment of said expenditures, pursuant to Government Code Section 53190 gj =. 4. County Territory. The County shall permit the construction of the Improvements, pursuant to the Engineer's Report, to be completed in certain territory of the County outside of the City's boundaries. The County shall also grant, upon written request and by an appropriate instrument, all licenses and easements on County -owned property which may be necessary for the construction of the Improvements, or any part thereof. 15883.4 -2- 5. Use of the Improvements in County Territory. Upon completion of construction pursuant to the Engineer's Report and to the satisfaction of the County, and acceptance by the County, of the Improvements located within the territory of the County, said facilities shall be and remain the sole and separate property of the County. The Improvements within the territory of the County shall be operated, maintained and utilized by the County to serve the properties within the County and other lands pursuant to applicable rules, regulations, policies and procedures of the County. 6. Use of the Improvements within the City Boundaries. Upon completion of construction pursuant to the Engineer's Report and to the satisfaction of the City, and acceptance by the City, of the Improvements located within the City boundaries, said facilities shall be and remain the sole and separate property of the City. The Improvements within the City boundaries shall be operated, maintained and utilized by the City to serve the properties within the City and other lands pursuant to applicable rules, regulations, policies and procedures of the City. 7. Formation and Operation of the Integrated Financing District. It is the intent of the parties that this Agreement is made pursuant to California Government Code Section 53179.5 and that the City retains all right, title and responsibility to control the formation and operation of the Integrated Financing District on the County's behalf as authorized by the Acts, including, but not limited to, conducting proceedings to create the Integrated Financing District, and confirming and collecting any levy. It is the intent of the parties to this Agreement that the City's authority granted by this Section is for the sole purpose of -- facilitating formation and operation of the Integrated Financing District and does not extend to any other actions or proceedings over which the County has proper jurisdiction and authority. 8. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by all parties. This agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. 9. Governing Law. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California. 10. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 11. Succession and Assi¢ns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 15883.4 -3- 12. PjQMtion of Agreement. The parties hereto acknowledge that they were represented by counsel in the negotiation and preparation of this Agreement, and such counsel have participated in the drafting of this Agreement. 13. Effective Date. This Agreement is effective upon its acceptance by the Board of Supervisors of the County and the City Council of the City and its execution by their respective authorized representatives. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. COUNTY OF LOS ANGELES, CALIFORNIA am Title: ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM: DEWITT CLINTON, COUNTY COUNSEL 15983.4 -4- CITY OF SANTA CLARITA, CALIFORNIA By: ' Mayor ATTEST: CityClerk APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY 0 158$3.4 -5- EXHIBIT "A" PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS August 25, 1992 Prepared by: Willdan Associates 858 West Jackman Street, Suite 204 Lancaster, California 93534 (805)945-8848 PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS Jill Klajic Mayor Councilmembers Carl Boyer Jan Heidt Jo Anne Darcy George Pederson George Caravalho - City Manager Kenneth Pulskamp - Assistant City Manager Donna Grindey - City Clerk Lynn Harris - Director of Community Development Jeffrey C. Kolin - Director of Public Works Anthony J. Nisich- City Engineer John Danielson - Acting Director of Parks, Recreation and Arts Professional Services Burke, Williams, & Sorensen- Special Counsel Willdan Associates - Assessment Engineer PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS 1 INTRODUCTION 2 DESCRIPTION OF SERVICE 3 PRELIMINARY APPROVAL 4 CERTIFICATIONS 5 COST ESTIMATES 6 EXPLANATION OF FEE 7 BOUNDARIES OF DISTRICT A-1 EXH[BTT "A" - BOUNDARY MAP PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARI TA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS WHEREAS, the City Council of the City of Santa Clarita, in the State of California, did, pursuant to the provisions of the Integrated Financing Act, being Chapter 1.5 of the Government Code of the State of California, and commencing with Section 53175 adopt its Resolution of Intention No. expressly order the filing of a written Engineer's Report ("Report") with the City of Santa Clarita, for a proposed Traffic Signal Fee which shall be designated as INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS (hereinafter referred to as 'District"); and WHEREAS, the ordering of the Report did direct that the Report generally contain the following: I. DESCRIPTION OF SERVICE Description of the improvements to be included in the district II. COST ESTIMATES A cost estimate setting forth the costs and expenses for providing the improvements. III. EXPLANATION OF FEE An explanation of the fee structure and method of reimbursement for the district improvements. IV. BOUNDARIES OF DISTRICT The proposed boundaries of the District and a boundary map. NOW THEREFORE, I, Richard Kopecky, authorized representative of the City of Santa Clarita, the appointed responsible officer directed to prepare the Report pursuant to the provisions of the Integrated Financing Act do hereby submit the following data: an5/92 Traffic Signal Fees are necessary to fund improvements at existing or new intersections as a result of increased traffic needs to accommodate new development. Traffic Signal Fees would be considered as the developer's "fair share" contribution to mitigate incremental traffic impacts of their projects. When these projects are relatively small, their traffic impact is considered "insignificant." However, the accumulated development impacts are significant. Significance is defined as any impact of traffic created by the project which results in a change in the volume/capacity ratio of more than two percentage points. This fee is intended to provide for improvements to intersections for traffic signal improvements only. The Valencia Industrial Center, located in the northwest comer of the City of Santa Clarita, is situated in both the City and the unincorporated arra of the County. As a result of traffic impact studies, it has been determined that there is a need for three traffic signals within the center. Avenue Scott and Rye Canyon Road (City) Avenue Scott and Avenue Tibbits (unincorporated County) One intersection to be determined at a later date The improvements will consist of traffic signals only. Once the district is established, an analysis of the two existing intersections will be done to determine if signalization is warranted as well as the priority for installation. If signalization is not wan -anted, further warrant analysis will be performed as aaffic volumes increase or accident occurrences dictate that a new analysis be performed. The parcels and assessments included herein do not include any prior unpaid special assessments. The current total true value of land and improvements on the parcels listed in Exhibit "C" based on 1992 assessor information is $14,500,000. The proposed district will not include more than three proposed signalized intersections. 8/25/92 2 REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS 17:i:i lu �• _ : • Preliminary approval by the City Council of the Cictyy of Santa Clarice on the day of 7u.Ly '19 32 Donna Grindey, City Clerk Qty of Santa Claris FINAL APPROVAL Final approval by the City Council of the City of Santa Clarita on the 25th day of August , 19_22 , Donna Grindeyy, City Clerk City of Santa Clarita 8/25/92 3 11. COST ESTIMAM EXPENSES- PROJECT INCE)ENTALS Traffic Signals* $ 375-M Sub -total $ 375,000 GENERAL INCIDENTALS Assessment Engineer $ 5,000 District Administration $ 3 - Sub -total $ 8,000 TOTAL TO ASSESS ASSESSMENT FEES: $ 383.000 Fees are basal upon acreage divided into total cost 7,618.82 8 Total Cost $ 383,000.00 Total Acreage 152,067.46 148.80 acres Fee Per Acre $ 2,573.93/acre *This amount includes all construction, design and administration incidental expenses. PROPOSED FEE ASSESSMENT NO, 1 $ 13,487.37 2 8,236.56 3 12,045.97 4 10,887.70 5 8,288.04 6 10,578.83 7 7,618.82 8 3,603.49 9 10,733.26 10 152,067.46 11 2,368.02 12 7,979.17 13 5,842.81 14 45,815.86 15 21,595.23 16 7,206.99 17 37,579.30 •— 18 14,208.06 19 1) a17 nr% TOTAL $ 383,000.00 8/25/92 4 PRELIMINARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS III. EXPLANATION OF FEES Fees will be determined by dividing the total assessment cost by the number of undeveloped acres, including that acreage for which an interim fee has already been paid. Fees are payable upon approval by the City Council or Board of Supervisors of a subdivision map or issuance of a building permit, whichever occurs fust. The City, County or any developer may construct the intersection improvements as mutually agreed upon. Once the District is established, Newhall Land and Farming will fund the cost of the traffic signal improvements to the Avenue Scott/Rye Canyon Road and the Avenue SCONAvenue Tibbits intersections if wan -anted. Newhall Land and Farming will also fund up to $8,000 for City costs to establish this district. The City shall establish the district and collect the fees which shall be kept in a separate interest bearing account and not commingled with other City funds. Reimbursement payments will be made quarterly from fees collected by the City based on the earliest date of the expenditure of funds for traffic improvements. After all the lots are built upon or fees collected from all the lots obligated to pay fees, an accounting shall be made of the district account. If all three signals have been installed and appropriate reimbursements made to the entity/entities which installed the signal, any fees totaling in excess of $20,000 shall be refunded to the payees of the original fees based on a ratio of their fees to the total fees collected. Fees totaling less than $20,000 in the combined County/City funds shall be used for signal maintenance of the signals within the District If any of the three signals have not yet been installed, a warrant analysis should be done and if that location(s) meets 75% or more of any of the improvements, these funds should be retained for a period of one year. At the end of this year if warrants, as indicated above are still not met excess fees collected shall be refunded to the owners of record at that time. After the final accounting has been done, the district shall be dissolved. Once this district is established with the appropriate fee, adjustments or refunds should immediately be made to all having paid the current in -lieu fee of $4,500 per acre. Funds provided to initiate and establish this district must be included in district costs and be refunded to the payee from collected fees. 8/25/92 5 PRELIN@IARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS WANINcLi Ala • : t • a 1; t/ The boundaries of the District will include the parcels with the following assessor parcel number, within the Valencia Industrial Center. The Valencia Industrial Center is located off Interstate 5, at Rye Canyon Road in the northwest comer of the City. 2866-018-122 2866.018-119 2866.018-117 2866-018-118 2866-018-058 2866-018-059 2866-018-065 2866-023-017 2866-023-018 2866-023-008 2866-023-009 2866-023-011 2866-023-012 2866-013-009 2866-013-069 2866-013-043 2866-013-044 2866-013-002 2866-013-072 2866-013-073 2866-013-074 2866-013-075 2866-013-076 2833-013-023 2833-013-024 2866-018-060 2811-027-013 2811-001-064 (por.) 2811-027-023,024 2811-027-022,025,026 2811-001-064 (por.) 2866-032-001 thru 013 2866-006-800 (por.) 8/25/92 6 1 2 3 3 4 4 4 5 5 6 6 6 6 7 8 9 9 10 10 10 10 10 10 11 I1 12 13 14 15 16 17 18 19 PRELIMIlYARY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS The Boundary Map is shown in a reduced scale format as Exhibit "A". 8/25192 A-1 �� T Rot � � CC 2 k� c k« k� 2ujz«�! ) .j2 2 |■2 c«wgtL»Q@13 / j .. .: } t a9m m,m 3g- m ; -WHIM! { go, \\ } ;