The URL can be used to link to this page

Home My WebLink About1995-06-13 - AGENDA REPORTS - VIA PRINCESSA BRIDGE CONST FEE (2)n NEW BUSINESS DATE: June 13, 1995 AGENDA REPORT City Manager Appro,% Item to be presented nn Ajjj,p'j,�` Anthony J. Nisich t/ SUBJECT: VIA PRINCESSA BRIDGE AND MAJOR THOROUGHFARE CONSTRUCTION FEE - DISTRICT FEE TRANSFER AGREEMENT Resolution No. 95-35 DEPARTMENT: Community Development :: . : �117 Prior to incorporation of the City of Santa Clarita, the County of Los Angeles collected fees from developers to pay for Bridge and Major Thoroughfare construction in the Via Princessa area. These fees in the form of cash and letters of credit were deposited in an account to fund future road improvements. Now that the City is incorporated and the Via Princessa B & T District is within City boundaries, the jurisdiction to manage the fund account is with the City of Santa Clarita. Therefore, the County of Los Angeles is presenting the City with the Via Princessa Bridge and Major Thoroughfare Construction Fee - District Fee Transfer Agreement with a district fee account of $268,760, plus unsecured agreements. Because the County of Los Angeles provided preliminary design work, they will deduct $28,000 from the district account, therefore transferring to the City of Santa Clarita a balance of $240,760 plus unsecured agreements minus any interest accumulated on the principle. Staff has reviewed the Agreement and recommends that the Council accept the Via Princessa Bridge and Major Thoroughfare Construction Fee District Fee Transfer Agreement, with the acknowledgment that the City should receive accrued interest on the principal balance and will pursue collection of the interest from the County of Los Angeles. In addition, the City of Santa Clarita agrees to utilize all funds for bridge and road improvements within that district beneficial for the purpose of improving vehicular traffic, pursuant to Government Code Section 66484 and 66489. Adopted: 6 m.Ager... Item: .3'131 RESOLUTION NO. 95-35 June 13, 1995 - Page 2 •AUT t5l 0074 •L The City Council adopt Resolution No. 95-35, approving the Via Princessa Bridge and Major Thoroughfare Construction Fee District Fee Transfer Agreement. Resolution No. 95-35 Exhibit "A" Exhibit "B" MAM:hds wunCMM95-35... RESOLUTION NO. 95-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA VIA PRINCESSA BRIDGE AND MAJOR THOROUGHFARE CONSTRUCTION FEE DISTRICT FEE TRANSFER AGREEMENT WHEREAS, in the Via Princessa area in the City of Santa Clarita, there is a need for construction of a new bridge and major thoroughfare due to new development; and WHEREAS, before December 15, 1987, the fees have been collected by the County of Los Angeles for said purpose; and WHEREAS, City is now the jurisdictional successor to County of Los Angeles to expend all funds for the sole purpose of construction in the District of Via Princessa in the City of Santa Clarita; and WHEREAS, the City of Santa Clarita will continue to seek collection of all funds and interest relating to the Via Princessa Bridge and Major Thoroughfare District. WHEREAS, the City of Santa Clarita is willing to, use the funds collected by the County of Los Angeles for the construction of bridge and major thoroughfares; and WHEREAS, pursuant to the provisions of (1) Government code 66484; A local Ordinance may require the payment of fees as a condition of approval of a final map or as a condition of issuing a building permit for the purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares, Section a. The ordinance refers to the circulation element of the general plan and ... in the case of major thoroughfares, to the provisions of such circulation element which identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system; provided, such circulation element, transportation or flood control provisions have been adopted by the local agency 30 days prior to the filing of a map or application for a building permit. (2) Government code 66489: Any local agency may establish area of benefit pursuant to Section 66484 and may impose a reasonable charge on property within the area which in the opinion of the legislative body, is benefited by the construction of the bridge or major thoroughfare ... (and) may enter into a reimbursement agreement with the subdivider. THEREFORE, the City of Santa Clarita, California does declare, determine, and resolve to execute the Via Princessa Bridge and Major Thoroughfare Construction Fee District Fee Transfer Agreement contained within "Exhibit A", for the area of benefit shown on "Exhibit B". RESOLUTION NO. 95-35 May 23, 1995 - Page 2 PASSED, APPROVED AND ADOPTED this day of '19—. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the 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 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK MAM:hds munul\re95-35.mam r EXHIBIT A VIA PRINCESSA BRIDGE AND MAJOR THOROUGHFARE DISTRICT FEE TRANSFER AGREEMENT Detailed Accounting of fee collected by County I. Cash Deposit Tract/Parcel Map Developer Date Paid Amount CPU -485 Valencia Village Church 9/18/89 17386 Valley Street Prop. 1/20/88 18224 Karop Mehterian 3/03/88 17505 Hale and Associates 6/16/88 17386 Calmark Dev. Corp. 8/26/88 BPC -9477 Golden Oaks Land Dev. 8/16/88 17386 Karns and Karabian 8/29/89 19039 James A. Boeiter 4/11/90 II. COUNTY'S preliminary design work III. Remaining fee to transfer to CITY IV. Unsecured Agreement Tract/Parcel Developer 16375 Newhall Land and Farming 43779 Newhall Land and Farming 43593 Leisure Technology* 44320 Leisure Technology* 44321 Leisure Technology* 44322 Leisure Technology* = $28,000 $ 3,520 27,000 4,000 4,000 97,000 5,240 124,000 4.000 $ 268,760 = Cash County Work $268,760 - $28,000 = $240,760 Date Signed Amount 10/21/87 09/08/87 11/01/90 11/01/90 11/01/90 11/01/90 $ 33,000 136,000 $ 60,000 46,000 54,000 28.000 $357,000 *Letter of Credit from Security Pacific Bank (subsequently merged with Bank of America) has expired and developer refused to renew it. JKC:aa P-3/B25.A 5 EXf-IIE?IT "E" CITY OF SANTA CLARITA ROAD 9 l 99 anyOn �` �- so�EOW :3 �ountry ��O+G Valenca SANTA CLARJA A c 0 S Newhall NT S C � "5 MG LEGEND: cou 0 - PROPOSED VIA PRINCESSA BRIDGE AND MAJOR THOROUGHFARE DISTRICT VIA PRINCESSA BRIDGE AND MAJOR THOROUGHFARE CONSTRUCTION FEE DISTRICT FEE TRANSFER AGREEMENT THIS AGREEMENT, is entered into by and between the COUNTY OF LOS ANGELES, hereinafter termed "COUNTY", a political subdivision of the State of California, and the City of Santa Clarita, hereinafter termed "CITY", a municipal corporation in the County of Los Angeles. 0 W I T N E S S E T H WHEREAS, in certain areas of Los Angeles County such as the Via Princessa area of the Santa Clarita Valley, there is a need, driven by anticipated private development, to construct new improvements to major thoroughfares to allow for proper traffic circulation; and WHEREAS, the formation of bridge and majorthoroughfare construction fee districts provides a financing mechanism for those affected areas, whereby new development is assessed for its share of the cost of bridge and major thoroughfare facilities; and WHEREAS, starting in 1986 County commenced formation work for a bridge and major thoroughfare construction fee district in the Via Princessa area; and WHEREAS, CITY was incorporated on December 15, 1987 and the Via Princessa area was included within the boundaries of the City; and WHEREAS, upon CITY's incorporation, COUNTY ceased further formation work for a proposed Via Princessa district; and WHEREAS, CITY adopted the Via Princessa Bridge and Major Thoroughfare Construction Fee District which included the entire - 1 - I Via Princessa area, hereinafter referred to as "DISTRICT", on November 24, 1992 and established a separate fund account for the deposit of fees collected in DISTRICT, hereinafter referred to as "DISTRICT ACCOUNT"; and WHEREAS, prior to the CITY's incorporation, COUNTY had collected fees or commitments for fees in the form of letters of credit, unsecured agreements and $268,760 in cash from the proponents of new developments in the Via Princessa area to provide for their participation in the proposed "DISTRICT"; and WHEREAS, COUNTY expended $28,000 in staff time and other costs for the preliminary design work of District road projects which should be reimbursed; and WHEREAS, the remaining fees or commitments for fees which COUNTY had collected for the proposed DISTRICT, should be transferred to CITY for appropriate DISTRICT uses; and WHEREAS, CITY has agreed to utilize the fees or commitments for fees solely for purposes authorized, for DISTRICT in accordance with all applicable laws. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, it is agreed as follows: (1) COUNTY AGREES: a. To reimburse itself $28,000 from fees previously collected by COUNTY in the Via Princessa area representing expenditures it made toward preliminary design work of District road projects prior to the incorporation of CITY. - 2 - b. To transfer its rights under the unsecured agreements and to transfer the remaining cash deposits of $240,760, as delineated in Exhibit A to the City of Santa Clarita. (2) CITY AGREES: a. To deposit the $240,760 in cash transferred from COUNTY and all funds recovered under the unsecured agreements into City's DISTRICT ACCOUNT.. b, To expend all fees transferred from COUNTY and recovered under the unsecured agreements solely for the construction of designated DISTRICT projects consistent with all applicable laws. C. To indemnify and hold COUNTY harmless against any claims by any parties against any fees or commitments for fees collected by COUNTY and transferred to CITY for DISTRICT purposes under this Agreement and to indemnify and hold COUNTY harmless in the event CITY is unable to recover any or all fees under the aforementioned unsecured agreements. - 3 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, by the CITY OF SANTA CLARITA on , 1994 and by the COUNTY OF LOS ANGELES on 1994. ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors By DEPUTY APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel. By ATTEST: CITY CLERK ATTEST: APPROVED TO FORM CARL NEWTON City Attorney M COUNTY OF LOS ANGELES By Chairman, Board of Supervisors CITY OF SANTA CLARITA - 4 - MAYOR