HomeMy WebLinkAboutCC Res 4515 1997-01-13
RESOLUTION NUMBER 4/~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING THE TRANSFER OF
PROPERTY TAX REVENUE TO THE COUNTY OF ORANGE
FOR THE DETACHMENT OF APPROXIMATELY 0.02
ACRES OF LAND LOCATED ADJACENT TO THE
ROSSMOOR WALL
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
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WHEREAS, the City of Seal Beach has initiated the detachment of 0.02 acres of land
within the City of Seal Beach; and
WHEREAS, the detachment of approximately 0.02 acres is a logical step: 1) in clarifying
that the City of Seal beach is not responsible for the repairs and
maintenance of the Rossmoor Wall, and 2) to detach territory that was
erroneously placed within the City's corporate boundaries; and
WHEREAS, Section 99 (B) of the Revenue and Taxation Code requires jurisdictions
involved in any jurisdictional change to agree to a property tax
redistribution prior to the change becoming complete; and
WHEREAS, the City of Seal Beach concurs that the tax revenues, subject to
negotiations in accordance with Section 99 (B) of the Revenue and
Taxation Code and accruing for the territory which is the subject of the
change of organization, be allocated in total to the County of Orange.
NOW, THEREFORE, the City Council of the City of Seal Beach Does hereby resolve as
follows:
. Section 1. That pursuant to the Revenue and Taxation Code Section 99 (B)
regarding jurisdictional changes with respect to adjustments in allocation of property
taxes, the City of Seal Beach determines that the County of Orange will receive the
property tax revenue from the approximate 0.02 acres to be detached from the City to
unincorporated territory.
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PASSED, APPROVED AND ADOPT~~e City Coun II of
a meeting thereo held on the _ day of
by the followin ote: I
AYES:
NOES:
ABSENT:
_~n /~"'j~/"
Mayor
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ATTEST:
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Resolution Number ~~~
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certif
foregoing resolution is the original copy of Resolution Number
office of the City Clerk, passe~. approved and adopted b~JrtC ity CO,lincil
Seal Beach, at a regular meeting thereof held on the ~ day 0
1997.
~J,
City Clerk
tthe
file in the
the City of
Resolution Number 44/~
MEMORANDur. OF UNDERSTANDING
THIS MEMORANDUK- OF UNDERSTANDING (t:OU), made and entered into
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on th1c _ day of 199', by and between the County
of Oranqe, a political subdiviaion of the State of California,
hereinafter referred to ae "COUNTY, II the City of Los Alami tOl>, a
municipal corporation, situated in the county of Orange,
hereinafter referred to a. "LOS ALAMI'1'OS"; the City of Seal Beach,
s municipal corporation, situated In the County of Orange,
hereinafter referred to a. .SEAL B~CH"; The Bixby Corporation, a
private For-I'rofit corporation, hereinafter referred to as "BIXBY";
and the Ro..moor Community Services District, formed November 4,
19B6 pursuant to Government Code 5 61100 et seq, hereinafter
referred to as "DISTRICT."
The purpo.. of this a;reement is to reach a co~~on
understanding and gain support among the County, Los A1amitos, Seal
Beach, BiXby and the District for tranSferring the ownership, if
any, and juriSdiction of the Rossmoor Signature Wall to the
District,
RECITALS:
1. The Roesmoor Community began as a subdivision in the late
1950's in unincorporated territory of the County of Orange,
California.
2. The Ro..moor County Maintenance District was formed by
Resolution of the Board of Supervisors of the County of Orange on
May 22, 1857. Thi. District Was di.solved in December, 1973. The
Rosemoor County Maintenance District had the powers to maintain
walls, shrubbery, trees and other decorative additions within the
three described parcel. that constituted a landscaped parkway at
that time.
3. By Ordinance No. 652 (Annexation No. B) and 710
(Annexation No. 10), the Seal Beach annexed territory, including
the ric;hts-of-way of current Seal Beach and Los Alamitos Boulevards
in 1964 and 1967, respectively.
4. In 1979, the Los A1amitos by Ordinance No. 193 annexed
territory (Annexation No. 12) that included the riqht-of-way of Los
Alamitos Boulevard.
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Resolution Number ~r
5. Subsequent to the above-referenced annexations by Los
A1amito. an4 ..a1 B.ach, Seal Beach and Las A1amitos Boulevards
were improved to their pr...n~ width, and the pre-existing parkway
was replaced with curbs, qutters and sidewalks.
6. By virtus of the annexations referenced above, the cities
of .Seal Beach and Los Alalllitos acquired jurisdiction over the
maintenance and repair of .treet improvement. within the boundaries
ot the annexed territory.
7. The Rossmocr Couunity formed County Service Area No. 21
on January 30, 1974.. The powers ot County service Area No. 21 were
identitied a. local par~ maintenance, community center/recreation
program. and street sw.eping.
B. In January 19B7, the community Service Area No. 21 was
cU.ssolved.
9. Neither the County, Seal Beach, Las Alamitos, nor the
District acknowledge (d) any legally-binding t'esponBibili ty for
repairing or maintaining the wall.
10. The wall Was constructed 8. part of the ori9inal tract
improve.ents in 1959. '!'he tentative tract lIaps which created
Rossmoor contained conditions requiring construction of the brick
wall around the community. A further condition ~equired
e.tablishment of the ROBslDoor County Maintenance District as a
condition of tract approval.
11. The lel\9th of the wall is approximatelY 5,378 linear
feet, with approximately 5,103 linear feet within tlle westerly
riqhte-of-way of Lo8 Al_it.os and Seal Beach Boulevarels and
appraxillatelY 275 linear feet alon; the BiXby corporation property.
12. In 199' County prepared a survey of the wall. The survey
results indicate that approximately 4,510 feet of the aaiel wall is
within the city limits of Las Alamito8i apprOXimately 593 feet of
the wall is within the city limite of Seal Beach; approximately 275
fut of the wall i. on or adjacent to BiXby property; and
approximately 153 feet of tlle wall Is within County right-af-way
adjacent to side streets.
13. Durinq the eummer of 1992 approximately 100 feet of the
wall located southweaterly of the inter..ction of Seal Beach
Resolution Number
475
Boulevard and st. Cloud Drive collapsed either during or fOllowinq
an earthquake. In 1994 approximately 70 teet of the wall located
on the weeterly .ide of Les Alamitos Boulevard collapsed.
U. On November 5, 1996, the votere within the District voted
to axpan4 the power. of the District to include repair,
maintenance, and/or replacement of the wall.
IT IS AGREED AS FOLLOWS:
A. Each party to thi. MOO shall hold each other party to
tbia MOO harmleaa from and against any liability for the acts or
emissions of any other party to this MOO arising out of or related
to p.rfQr-m~nee ef ~i. HaY ar perfo~ance or the aame hereunder.
B. No party to this agreement shall be liable for tbe diu'-t
payment of any salaries, wages, or other compensation of any kind
to any other party and to any other partys' officers, agents or
employ..s, whether full-time Or temporary employee, performing any
services arisin; out of or related to this MOV.
c. No party to this agreement aball be liable for
contribution
compensation, indemnity/or any BUll or U10llnt whatsoever to any
or
other party..... to any other party's officers, agents, or 81IIplayee
for any death, injury, or illne81i1 .ri1rinq-~-of-"trts"-e~~ltt-f>i.
~r--O~-~tY--GF arising out of or related to this MOV or the
performance of tbe aame hereunder.
D. Seal Beacb, Los Alamitas, the County and Bixby agree to
cooperate in Vood faith with the District to give the District such
construction or other ea.ementa end rights-of-way and/or entry as
may be nece..ary to enable the District to undertake repair,
maintenance, and/or reconstruction of the wall.
E. Seal Beach and Los Alamitos both agree to undertake all
neceaaary .idewalk maintenance, repair and construction within
their street rights-of-way. Seal Beach, Los Alamitos, the County
and Bixby agree to enter into such Agreements with the District as
may be nece.aary or desirable to facilitate the maintenance, repair
or reconstruction of the vall, and to contribute tbe coat of repair
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Resolution Number ~~~
of .idewalks in their respective jurisdiction, not caused by
reconstruction of the wall, if any such cost or repair is
necessary.
F. Cona iderat ion
1. Each party bereto acknowledges that there are legal
t.heories which, if pursued in court, could result in any party
I bereto beln; found to bave liability tor repair, .aintenance, "-
and/or reconstruction Of all or part of the wall. The parties
hereto acknowledge that to utilize the court system for a final
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answer to the questions in regard to liability for lIaintenance,
repair and reconstruction of the wall would not be beneficial to
the process of solving prOblems cooperativelY and could be very
costly to the parties.
2. The votere within the District bave authorized the
Dietrict to exercise authority over and assume responsibility for
t.he repair, JDaintenance, and reconstruction of the wall, and
further, the votere within the District. have imposed upon
themselves. tax for the repair, .aintenance and reconstruction of
the wall, the partiea to this MOV agree to convey whatever title
they .ay hold to such land as may be under the wall to the
District, anlS to cooperate in 900d faith to facilitate any
nec...ary chan;e in boundaries to transfer jurisdiction of the land
under the wall to the County. Each party hereto also a;rees to
provide the followinq consideration to the District a.
consideration for its Willingness to take ~e.ponsibility for the
valli
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Ca) City of Los Alamitos:
city staff time as necessary tor plan review
and traffic safety inspection related to the issuance of no-fee
.treet right-of-way encroachment and u.e permits to construct and
.aintain the vall.
(b) city of Seal 8each:
City staff time as necessary for plan review
and traffic .afety inspection related to the issuance of no-fee
.t~e.t ri;ht-of-way encroachment and use permits to construct and
.aintain the wall.
Resolution
Number ~.5/,t)
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(c) County of Orange:
The Fiscal Year 1996-97 Work program will
include in-kind design and construction-management services for
reconstruction of the Rosslloor wall provided thill Agreement i.
approved by and as to tbe partie. hereto.
(eS) Bixby:
For qood and sufficient consideration, the
adequacy of which is hereby acknowledged, Bixby shall transfer good
and sufficient title, in fee simple, to the District of the
approximatelY 275 feet of the wall on or adjacent to Bixby
property, and provide, .a necessary, such permanent right-of-way
anfllor entry to permit the District access to the wall on or
adjacent to the Bixby property.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date. opposite their respective signatures:
APPROVED AS '1'0 PORH:
LAURENCE M. WATSON,
CHIEF ASSISTANT COUNSEL
ORANGE COUNTY, CALIFORNIA
COUNTY OF ORANGE
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By:
By:
Chairman of
Supervisors
the
Board
Deputy
Date I
7
, 199.Jo'
Data:
7
, 199"
CITY OF IDS J.u.MITOS,
municipal corporation,
a
By:
Title
ATTEST.
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Title
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Datel
7
, 199Y
ATTEST:
Title
Date:
, 1997
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Date: "/~7 - , 1997
; y
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ATTEST:
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)C{)j~ .
C~y Clerk, City of
Resolution Number ~~~
THE BIXBY CORPORATION, a
private For-Profit corporation,
By:
Title
ROSSMOOR CCM1UNITY SERVICES
DISTRICT
By:
Title
. CITY OF SEAL BEACH
By:..<i. '~Ajd1'
yor