Planning
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
Police
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
Road Maintenance
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
141
Solid Waste Disposal
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
Street Lighting
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
Water
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
Weekly service or additional services as requested
142
Wastewater
Describe services to be extended to the affected territory:
Describe the level and range of those services to be provided:
Describe any improvements or upgrades or transfers of facilities:
How will services be financed?
INDEMNIFICATION / LEGAL DEFENSE
As a condition to the Local Agency Formation Commission for the County of Los Angeles (LAFCO's) evaluation of the Applicant's proposal, the Applicant and, if different, the Real Party In Interest (i.e., the landowner) hereby warrant, represent, and agree to defend, indemnify, hold harmless LAFCO and its agents, officers, commissioners, and employees from any claim, action, or proceeding against LAFCO or its agents, officers, commissioners, and employees, relating to or arising out of LAFCO's evaluation or processing of the proposal, including, but not limited to, any action to attack, set aside, void, annul, enjoin, or compel LAFCO's approval, disapproval, evaluation, or processing of the proposal, which indemnification obligation includes, but is not limited to, Applicant/Real Party In Interest being required to pay for any costs and reasonable attorneys' fees incurred or anticipated to be incurred by LAFCO in connection with any such action. This indemnification obligation shall not include intentional or willful misconduct on the part of LAFCO, but shall include passive and/or concurrent active negligence by LAFCO.
Applicant/Real Party In Interest agree that LAFCO has the right to appoint its own counsel for its defense and conduct its own defense in the manner it deems in its best interest, and that such actions will not relieve or limit Applicants/Real Party In Interests obligations to indemnify and reimburse defense costs. At the discretion of the Executive Officer, a deposit or deposits of funds by the Applicant may be required in an amount or amounts sufficient to cover any anticipated or incurred litigation costs.
HumanGood SoCal dba Royal Oaks
143
144
JOINT RESOLUTION BETWEEN THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE
CITY OF DUARTE APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF
PROPERTY TAX REVENUE RESULTING FROM THE ANNEXATION OF TERRITORY KNOWN AS ANNEXATION NO. 2023-07 TO THE CITY OF DUARTE AND WITHDRAWAL FROM COUNTY ROAD DISTRICT NO. 5
WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for specified jurisdictional changes, the governing bodies of affected agencies shall negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, as governing body of the County, and the County of Los Angeles Road District No. 5, and the City Council of the City of Duarte have determined that the amount of property tax revenue to be exchanged among their respective agencies as a result of the proposal identified as Annexation No. 2023- 07 to the City of Duarte, which includes the annexation of approximately 19+ acres of inhabited territory located in the County of Los Angeles, is as set forth below; and WHEREAS, upon annexation of the proposed area to the City of Duarte, the territory shall be withdrawn from the County Road District No. 5; and WHEREAS, the area identified for annexation of territory is shown in the attachment.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The negotiated exchange of property tax revenues between the County of Los Angeles, CFPD, the City of Duarte, resulting from Annexation No. 2023-07 to the City of Duarte is approved and accepted.
A. Annexation of Territory to the City of Duarte:
1. The negotiated exchange of property tax revenues between the County of Los Angeles and the City of Duarte, resulting from the proposal identified as Annexation 2023-07 to the City of Duarte is approved and accepted for the annexation area within Tax Rate Area 03386.
2. For the fiscal year commencing in the year after the filing of the statement of boundary change for Annexation 2023-07 to the City of Duarte with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, property tax revenue received by County Road District No. 5, attributable to Annexation 2023-07 to the City of Duarte, shall be transferred to the County, and the County Road District No. 5 share in the annexation area shall be reduced to zero.
3. For the fiscal year commencing in the year after the filing of the statement of boundary change for Annexation 2023-07 to the City of Duarte with the Board of Equalization pursuant to Government Code sections 54902 and 57204, a base of Zero Dollars ($0) in property tax revenue, and .067446216 of the annual property tax increment, attributable to Annexation No. 2023-07 to the City of Duarte shall be transferred from the County of Los Angeles to the City of Duarte.
145
Joint Resolution
City of Duarte Annexation No. 2023-07
2 4. The City of Duarte acknowledges that from and after the effective date of Annexation No. 2023-07, the City will be responsible for the enforcement of flood plain management regulations within the area annexed by the City and shall assume responsibility for administering compliance with the National Flood Insurance Program in connection with the area annexed by the City of Duarte.
5. Within thirty (30) days of the recordation of the Certificate of Completion, the City of Duarte shall notify all public utilities as defined in section 216 of the California Public Utilities Code that are providing service (including, but not limited to, providers of electricity, retail water, natural gas, and telecommunications) in the affected territory subject to the City's jurisdiction that the public utilities are required to make necessary changes to impacted customer accounts within ninety (90) days of the recordation of the Certificate of Completion consistent with Government Code Section 56886.1, including adjustments or cessation in payment of the Utility User Tax resulting from such annexation, when applicable.
PASSED, APPROVED AND ADOPTED this _____day of ________, 2024 by the following vote:
AYES: ABSENT:
NOES: ABSTAIN:
______________________________________
Mayor
City of Duarte
ATTEST:
______________________________________
City Clerk
City of Duarte
/
/
/
146
Joint Resolution
City of Duarte Annexation No. 2023-07
3 /
/
/
/
(Signed in Counterpart)
The foregoing resolution was on the _____ day of ____________, 2024, adopted by the Board of Supervisors of the County of Los Angeles and ex officio as the governing body of all other agencies, authorities, and districts, including special assessment and taxing districts, referenced in this resolution for which said Board so acts.
CELIA ZAVALA
Executive Officer,
Clerk of the Board of Supervisors,
County of Los Angeles
By___________________________
Deputy
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By ____________________________________
Deputy
/
/
/
/
/
147
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that the Joint Resolution between the Board of Supervisors of the County of Los Angeles and the City Council (Resolution No. 24-02) was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annette Juarez
City Clerk
148
ITEM: 10.B
Parks and Recreation Commission Recommendation to Approve the Pickleball Court Conversion at Royal Oaks Park
Recommended Action:
It is recommended that the City Council approve the pickleball court conversion at Royal Oaks Park Attachments:
10B - Staff Report - Royal Oaks Park Pickleball Court.pdf 149
150
151
ITEM: 10.C
Ordinance No. 922 Purchasing Requirements
Recommended Action:
It is recommended that the City Council approve Ordinance No. 922 to add language to the Duarte Municipal Code relating to Exemptions from Purchasing Requirements Attachments:
10C - Staff Report - Purchasing Requirements Ordinance.pdf 152
153
ORDINANCE NO. 922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, AMENDING SECTION 2.36.050 OF THE DUARTE
MUNICIPAL CODE RELATING TO EXEMPTIONS FROM
PURCHASING REQUIREMENTS.
WHEREAS, in June 2016, the City Council of the City of Duarte adopted Ordinance Number 864 Relating to Purchase of Supplies, Equipment, and Services to better clarify when formal bidding procedures are required, when sole sourced contracts are permitted, and when exemptions to the bidding process is appropriate; and
WHEREAS, changes in technology as well as innovative programs and services require the City of Duarte to act nimbly in order to secure quality services, programs, and equipment; and WHEREAS, the City of Duarte strives to provide exemplary services in a timely manner to the public; and
WHEREAS, the City of Duarte is committed to fiscal responsibility and obtaining the highest quality service for the best price.
NOW, THEREFORE, the City Council of the City of Duarte hereby ordains as follows:
SECTION 1. The recitals above are true and correct and incorporated in full herein.
SECTION 2. Section 2.36.050 of the Duarte Municipal Code relating to Exemptions from Purchasing Requirements is hereby amended to add paragraph:
(o) When the City Council finds that negotiation, rather than bidding or quotation, shall best serve the city due to the specialized nature of supplies, equipment, programs, or services.
SECTION 3. All ordinances, resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Duarte hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.
SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933. 154
SECTION 6. The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because proposed code amendments related to purchasing are not considered a “project” for purposes of CEQA and therefore do not require any environmental review under CEQA.
This Ordinance was introduced for first reading on January 23, 2024, and PASSED, APPROVED, AND ADOPTED this ___ day of _________________ 2024. _________________________________
Vinh Truong, Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 922 was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the ____ day of __________ 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Annette Juarez
City Clerk
155