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RESOLUTION NO. 24-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING A REAL PROPERTY TRANSFER AGREEMENT BETWEEN LAURENE F. WESTE IN HER PERSONAL AND PRIVATE CAPACITY, AND THE CITY
FOR THE DOCKWEILER DRIVE EXTENSION PROJECT, MAKING FINDINGS OF
CONSISTENCY PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WITH THE DOCKWEILER DRIVE EXTENSION PROJECT EIR AND THE ADDENDUMS
TO THAT EIR, AND TAKING RELATED ACTIONS
WHEREAS, the City of Santa Clarita (City) plans to undertake the extension of Dockweiler Drive (the Dockweiler Drive Extension Project). The Dockweiler Drive Extension Project is a multi-phased capital improvement project coordinated by the City and The Master’s University to improve circulation and access to the Placerita Canyon and Newhall communities in the City. The Dockweiler Drive Extension Project will extend Dockweiler Drive from the existing terminus to Railroad Avenue at 13th Street thereby creating a vital link between the communities to the east of the railroad/Newhall Creek (including The Master’s University) and Old Town Newhall and Newhall Metrolink Station; and
WHEREAS, in connection with the Dockweiler Drive Extension Project, the City proposes to construct a pedestrian and bicycle pathway and bridge south of Dockweiler Drive that will cross over Newhall Creek to connect with the northwest end of the Newhall Metrolink Station parking lot, located to the south of the proposed Dockweiler Drive roadway extension (the Bike Path Project). The Bike Path Project is more fully described in the City’s Addendum to the Dockweiler Drive Extension Project Environmental Impact Report (EIR); and WHEREAS, the City must assemble property for the construction of the Dockweiler Drive Extension Project, including the Bike Path Project by acquiring certain properties that were identified in the Dockweiler Drive Extension Project EIR as being within the preferred roadway alignment of the Project; and
WHEREAS, the City will be entering into an Agreement for Real Property Transfer between the County of Los Angeles (County) and the City by which the City will, among other properties, acquire Lyons Avenue (an undeveloped “paper street”) from its intersection with Placerita Canyon Road and along the southerly side of Placerita Canyon Road to its southerly terminus at the Los Angeles County Metropolitan Transportation Authority (LACMTA) railroad right of way; and
WHEREAS, Ms. Laurene F. Weste is the owner of several parcels of land located on the south side of Placerita Canyon Road easterly of 12th Street and on which she maintains a home, animal kennels and leases a portion of her land to a plant nursery (the Weste Land); and WHEREAS, a portion of the Weste Land is located within the planned alignment and proposed right of way for the extension of Dockweiler Drive, and in order to complete the Dockweiler Drive Extension Project, the City must acquire certain real property interests consisting of permanent easements for street and drainage purposes, slope easements, and temporary construction easements to facilitate the construction of the Dockweiler Drive 13001-0007\3027317v5.doc Page 2 of 5
Extension Project (the Weste Easements) on the Weste Land; and WHEREAS, in compliance with California conflict of interest laws, Ms. Weste has recused herself as a councilmember in matters involving the Dockweiler Drive Extension Project, including discussions, negotiations and consideration of an agreement between the City and Ms. Weste for the City to acquire the necessary Weste Easements located on the Weste Land. Discussions and negotiations between the City and Ms. Weste, in her private capacity and as a landowner, have occurred between her, her attorney, and the City’s special counsel for this Project. With her recusal as a councilmember, and pursuant to written advice issued by the California Fair Political Practices Commission, the City is permitted enter into a proposed land swap agreement with Ms. Weste; and
WHEREAS, the City desires to convey the portion of the real property acquired by City from the County (the City Land) to Ms. Weste and vacate portions of Lyons Avenue on that City Land, in exchange for Ms. Weste’s conveyance to City of the Weste Easements on a portion of the Weste Land and payment to City of the amount by which the appraised fair market value of the City Land being conveyed to Ms. Weste exceeds the appraised fair market value of the Weste Easements being conveyed to the City (the Weste Exchange Payment), and Ms. Weste desires to complete such exchange with City, upon and subject to the terms and conditions of the Agreement of Real Property Transfer between the City and Ms. Weste; and WHEREAS, Ms. Weste resides on, and operates a farm on, the Weste Land, wherein she maintains horses, dogs and other animals. In connection with Ms. Weste’s farm operation, Ms.
Weste maintains animal corrals, dog kennels, a dog run and other facilities. She also maintains cargo container units in which she stores historical records and artifacts. The easterly portion of the Weste Land is used as a plant nursery and contains water pipes, valves, lines and other irrigation systems and equipment that is used in the operation of the plant nursery. The City’s acquisition of the land within the Weste Easements will require the relocation of some of the animal corrals, dog kennels and other components of Ms. Weste’s farm operation, require the relocation of some of the cargo containers, and also require the relocation of plant material and the reconfiguration of water lines, valves and other irrigation systems for a portion of the land occupied by the plant nursery; and
WHEREAS, the City and Ms. Weste have negotiated the Agreement of Real Property Transfer between the City and Ms. Weste, which is a land swap agreement by which the City Land will be conveyed to the Ms. Weste, the Weste Easements will be conveyed to the City, Ms.
Weste will pay the City the difference in appraised fair market value, and the City will reimburse Ms. Weste for expenses to relocate equipment, materials and utilities out of the Weste Easements, and the parties will take related and implementing actions necessary to carry out those property exchanges; and
WHEREAS, on April 10, 2018, the City Council certified the Final Environmental Impact Report for the Dockweiler Drive Extension Project (State Clearinghouse No. 2013082016) by way of City Council Resolution No. 18-10, and approved the Extension Project by way of City Council Resolution 18-11; and
WHEREAS, staff has reviewed the proposed Agreement of Real Property Transfer between the City and Ms. Weste with respect to the applicability of the California Environmental 13001-0007\3027317v5.doc Page 3 of 5
Quality Act (Public Resources Code Section 21000 et seq.) (CEQA) and also considered a separate County prepared Addendum to the Dockweiler Drive Extension Project EIR which evaluated the impacts of the Agreement of Real Property Transfer between the City and the County, including the relocation of the County’s Placerita Maintenance Yard onto City Property on Norland Drive, which County prepared Addendum was approved by the County Board of Supervisors as Agenda Item No. 46 on its Regular Meeting of November 6, 2024. The findings contained in the Staff Report for this agenda item, with respect to the approval of the Addendum and the information, content, and analysis contained in that Addendum is incorporated herein by this reference as the evidence to support the City Council’s determinations that the actions taken by this Resolution are within the scope of the EIR for the Dockweiler Drive Extension Project, and that pursuant to State CEQA Guidelines Section 15164, only minor changes to the EIR were required and that none of the conditions described in State CEQA Guidelines Section 15162 have occurred; and
WHEREAS, on September 20, 2024, the City’s Community Development Director determined, pursuant to Government Code Section 65402, that the property acquisition and dispositions contained within and provided by the Agreement of Real Property Transfer between the City and the Ms. Weste are in conformance with the City’s General Plan; and WHEREAS, by separate resolution adopted concurrently with this Resolution, the City Council has declared that the City Land is exempt surplus land pursuant to the Surplus Land Act (the Act), and that the City may transfer the City Land to Ms. Weste without further regard to the requirements of the Act, except for the requirement to notify the California Department of Housing and Community Development (HCD); and
WHEREAS, by separate resolution adopted concurrently with this Resolution, the City has summarily vacated: (i) the offer of dedication for future public road purposes in Norland Drive, including the portion of Norland Drive through the City Property to be conveyed to the County, (ii) Lyons Avenue from Placerita Canyon Road on the north to the Los Angeles County Metropolitan Transportation Authority Railroad right of way on the south, and (iii) a portion of Placerita Canyon Road” commencing on the south side of, and outside of, the 40-foot wide portion of that Road that is used for vehicular travel, which portion begins west of Aden Avenue at the northerly terminus of Lyons Avenue and proceeding easterly of Aden Avenue approximately 650 feet, together with a small portion on the north side of Placerita Canyon Road westerly of Aden Avenue, and slope easements on each side of those portions of Placerita Canyon Road; and
WHEREAS, the accompanying agenda report, which is incorporated herein by this reference, provides supporting information upon which the declarations and findings set forth in this Resolution are based.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California does hereby resolve as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. This Resolution has been reviewed with respect to the applicability of the 13001-0007\3027317v5.doc Page 4 of 5
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA).
The City Council concurs in staff’s determination that the City’s Addendum to the City’s previously certified EIR (State Clearinghouse No. 2013082016) for the Dockweiler Drive Extension Project appropriately describes and evaluates the potential environmental impacts for the land exchange described in this Resolution. The City Council has also reviewed the separate County prepared Addendum to the Dockweiler Drive Extension Project EIR which evaluated the impacts of the Agreement of Real Property Transfer between the City and the County, including the relocation of the County’s Placerita Maintenance Yard onto City Property on Norland Drive, which County prepared Addendum was approved by the County Board of Supervisors as Agenda Item No. 46 on its Regular Meeting of November 6, 2024. The City Council further finds that all potentially significant environmental impacts from the project have been mitigated to level of less than significance, that such mitigation measures are part of and incorporated into the previously adopted Mitigation Monitoring and Reporting Plan that was adopted in connection with each above-described environmental document, and that any impacts that are not mitigated to a level of less than significance are addressed in the Findings and Statement of Overriding Considerations that accompanied the Final EIR for the Dockweiler Drive Extension Project, which findings are incorporated herein as set forth in full and adopted by this provision. The City Council makes these findings and determinations as an exercise of its independent judgment.
SECTION 3. Based on all the findings contained in this Resolution and the facts and evidence submitted to the City Council in connection with the agenda report for this matter, the City Council hereby approves the Agreement of Real Property Transfer between the City and Laurene F. Weste, attached hereto as Exhibit A.
SECTION 4. The City Manager is hereby authorized to execute the Agreement of Real Property Transfer between the City and Ms. Weste, subject to any final changes and corrections that are determined necessary by the City Manager and City Attorney.
SECTION 5. The City Manager is authorized to execute the Certificate of Acceptance of the Weste Easements and to cause that Certificate to be recorded concurrently with the Deed by which the City Land is conveyed to Ms. Weste.
SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
SECTION 7. This Resolution will become effective immediately upon adoption.
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PASSED, APPROVED, and ADOPTED this ____ day of ______________, 2024. ___________________________________
MAYOR
ATTEST:
________________________________
CITY CLERK
________________________________
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 24-____ was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the ____ day of ________, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
____________________________________
CITY CLERK
13001-0007\3027317v5.doc
EXHIBIT A
AGREEMENT FOR REAL PROPERTY TRANSFER
BETWEEN THE CITY AND LAURENE F. WESTE
[See attached]
DRAFT
Exhibit C-1
13001-0007\3004124v17.doc
Exhibit “C”
Form of Nursery Agreement
PARTIAL LEASE TERMINATION AGREEMENT
(Nursery)
THIS PARTIAL LEASE TERMINATION AGREEMENT (this “Agreement”) is dated as of ____________, 202__, and is entered into by and between LAURENE FRIMEL WESTE (“Landlord”) and _____________________ (“Tenant”).
R E C I T A L S:
A. Landlord and Tenant have entered into an oral lease (“Lease”) for the use of the property described on Exhibit “A” (the “Premises”). Tenant uses the Premises to operate a plant nursery.
B. The City of Santa Clarita (“City”) and Landlord have entered into a Real Property Exchange Agreement (“Exchange Agreement”) which contemplates that Landlord will grant to City roadway, slope and construction easements over a portion of the Premises as described on Exhibit “B” (the “Dockweiler Drive Easement Areas”).
C. The Exchange Agreement requires as a condition to closing that Landlord and Tenant enter into this Agreement to terminate the Tenant’s lease as to the portion of the Premises containing the Dockweiler Drive Easement Areas.
A G R E E M E N T:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, the parties hereto agree as follows:
1. Termination of Lease as to the Dockweiler Drive Easement Areas. The Lease shall terminate as to the land within the Dockweiler Drive Easement Areas on or before the Escrow Closing Date as provided in the Real Property Exchange Agreement between the City and Landlord, notice of which Landlord shall provide to Tenant not less than ten (10) days after the Effective Date of that Agreement and Tenant shall vacate the land within the Dockweiler Drive Easement Areas by such Escrow Closing Date and remove all of its personal property and fixtures. If Tenant does not timely do so, then Landlord or City may retain, remove or dispose of such personal property and fixtures without obligation or liability to Tenant, and Tenant hereby waives any statutes and laws to the contrary.
2. Tenant Waiver of Relocation Rights/Benefits. In connection with such termination and vacation of the Dockweiler Drive Easement Areas, Tenant hereby waives any and all rights and claims it may have against Landlord or City under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), if applicable, and under California Government Code Section 7260 et seq. and the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations).
In that regard, Tenant hereby waive and relinquish all rights and benefits unde r California Civil Code Section 1542, which provides as follows:
Exhibit C-2
13001-0007\3004124v17.doc
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
Landlord’s Initials Tenant’s Initials
3. City is Third Party Beneficiary. The City is a third party beneficiary of this Agreement.
4. Entire Agreement. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreement and discussion.
5. No Waiver. The waiver of any provision of this Agreement must be in writing and signed by the party providing such waiver. The waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of such provision or any subsequent breach of the same or any other provision of this Agreement. Acceptance of performance after the due date of such performance shall not be deemed to be a waiver any preceding breach of any provision of this Agreement, regardless of the accepting party’s knowledge of such preceding breach at the time of acceptance of such performance. The parties further acknowledge and agree that if and to the extent that either party does not require the other to strictly comply with the covenants, agreements and obligations contained herein, such action or inaction shall not constitute a waiver of, or otherwise affect or prejudice in any manner, either party’s present or future rights, remedies, benefits or powers, including the right to require performance of such covenants, agreements and obligations strictly in accordance with the terms and provisions of this Agreement.
6. Severability. If any court of competent jurisdiction determines any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall be deemed severed from the rest, which shall remain in full force and effect as though the invalid, illegal or unenforceable provision had never been a part hereof.
7. Modifications. No provision of this Agreement may be changed, discharged, supplemented, terminated or waived except in a writing signed by the parties hereto and the City.
8. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns.
9. Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.
Emailed copies of this Agreement may be executed and may be delivered by email to for Landlord and to for Tenant and to the Director of Public Works for City.
10. Governing Law; Jurisdiction. The terms and conditions of, and the rights and obligations under, this Agreement shall be construed and enforced in accordance with, and
Exhibit C-3
13001-0007\3004124v17.doc
governed by, the local laws of the State of California. Tenant hereby submits to the jurisdiction of the Courts of the State of California in Los Angeles County for purposes of unlawful detainer proceedings and otherwise.
11. Time of Essence. Time is of the essence of each provision hereof in which time is a factor.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as of the day and year first set forth above.
LANDLORD:
Laurene Frimel Weste
TENANT:
__________________________
By:
Print Name:
Title: _____________________________