The purpose of this report is to consider a request by the Santa Monica Mountain Conservancy (SMC) for the Mayor to sign SMC�s agreement with the County of Los Angeles as to the acquisition price to acquire property located adjacent to Brace Canyon Road; and to get City Council approval to purchase the property from SMC for the amount of their costs.

In July 2001, a parcel of land identified as Assessor�s Parcel Number 2471-036-015 appeared on the Los Angeles County Tax Assessor�s list of tax defaulted properties to be sold at auction. The parcel is located at the end of Brace Canyon Road and is approximately 2.92 acres of hillside property encumbered with a Los Angeles County Flood Control facility and a BWP easement. Many of the neighbors adjacent to the subject property have expressed their concerns that any future development of the site could create potentially significant impacts to the surrounding area.

Staff contacted the County to determine if the City could acquire the property in the amount of the unpaid taxes, $2,965 plus fees. Staff learned at that time that the Santa Monica Mountains Conservancy (hereinafter called "the Conservancy") had exercised the option to remove the property from the auction list and purchase the property. Staff contacted the Conservancy and expressed interest in acquiring the property from the Conservancy for the same amount paid by the Conservancy in order to retain the property in the name of the City. Staff has been in contact with Conservancy staff in the interim in order to track their progress.

On August 14, 2002, staff received a letter from the Conservancy indicating that they are in the process of executing a Chapter 8 agreement with the County of Los Angeles "County" to acquire the tax defaulted property. In order to proceed with the acquisition of the property, the County requires the Mayor to execute the Chapter 8 agreement on behalf of the City Council agreeing to the sale price. In addition, the Conservancy has also requested a letter from the City indicating an interest in acquiring the property for the amount paid by the County.

The Conservancy has contacted the City regarding its intention to purchase an approximate 2.92 acre parcel located within the City of Burbank at the end of Brace Canyon Road. The subject property is being purchased as part of a Chapter 8 agreement (for tax defaulted property) from the County of Los Angeles. Upon acquisition, the subject property would be held for open space purposes.

The subject property is located at the foothills of the Verdugo Mountains and is surrounded by other single family residential properties within the City of Burbank, along with land being held as part of the City�s Mountain Reserve. The property is zoned R-1 single family residential and has been improved with an existing Los Angeles County Flood Control facility that is encumbered by a public utility easement. As a result, this easement does not allow the property to be developed in accordance with the development standards of Chapter 31 of the Burbank Municipal Code.

On October 29, 2002, the City Council, in closed session, authorized staff to work with the SMC to acquire the SMC interest in the Brace Canyon property once the SMC transaction with the County has been completed. The SMC is in agreement with this proposal. The BMC permits the City Manager to acquire property administratively with a value less than $10,000.00. The City will purchase the SMC interest in the property for the amount paid by the County expected to be $2,965.00 in delinquent taxes plus transaction costs. The total is not expected to exceed $4,000.00.

As per Chapter 9, Section 9-501 of the Burbank Municipal Code, the City Manager is authorized to acquire property with a value of less than $10,000 without further approval by the City Council. The total cost to acquire the subject property is not to exceed $4,000. However, the Mayor�s signature on the Chapter 8 agreement requires authorization by the City Council. Upon execution of said agreement by the Mayor, the City would acquire the subject property from the Conservancy.

A mid-year appropriation request for the Fiscal Year 2002-03 budget has been submitted in the amount of $4,000, in order to acquire the property.

The acquisition will cost the City $2,965.00 plus County fees which are estimated to be approximately $1,000. The funds for this transaction have been identified within account number 001.ND000.70000.5480.

Staff recommends that the City Council adopt the proposed resolution allowing the Mayor to sign the Santa Monica Mountain Conservancy�s agreement and authorize the City Manager to administratively acquire the subject property from the Santa Monica Mountain Conservancy.

Exhibit A Area Map

Exhibit B Chapter 8 Agreement with the County

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