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HomeMy WebLinkAbout2017-01-24 - RESOLUTIONS - TRSFR LLA DIST NO. 4 ZONE 68 (2)RESOLUTION NO. 17-05 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND ACCEPTING THE TRANSFER OF JURISDICTION AND THE NEGOTIATED EXCHANGE OF BENEFIT ASSESSMENT PROCEEDS FOR LANDSCAPE AND LIGHTING ACT (LLA) DISTRICT NO. 4, ZONE NO. 68 WEST CREEK COPPERHILL VILLAGE THAT IS SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA, FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA WHEREAS, Section 22612 of the Streets and Highways Code of the State of California provides that if all of the territory of a district is included within one city as a result of an annexation or incorporation, the legislative body may transfer jurisdiction over the district to the 3 3 3 3 3 3 city council of the city by a j oint resolution setting forth the mutually agreed upon terms and conditions under which the transfer is to take place; and WHEREAS, Landscape and Lighting Act (LLA) District No. 4, Zone 68 West Creek Copperhill Village, ("Zone No. 68"), currently within the jurisdiction of the County of Los Angeles (the "County"), is located within the territorial boundaries of the City of Santa Clarita (the "City"); and WHEREAS, the County affirms that the only funding source that benefits only Zone No. 68 is special benefit assessment levy established by the Los Angeles County Board of Supervisors and collected by the County Tax Assessor; and WHEREAS, the funds levied pursuant to that special assessment ("Assessment Proceeds") are currently deposited into a specific account held by the County to be used only for Zone No. 68: Fund P23 (the "Account"); and WHEREAS, the Account includes unspent Assessment Proceeds from prior fiscal years, unspent Assessment Proceeds from current fiscal year, and in future may also include additional Assessment Proceeds from prior, current, or future fiscal years; and WHEREAS, the funds within the Account can only be used within Zone No. 68; and WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 68 located within the territorial boundaries of the City from the County to the City; and WHEREAS, the City Council of the City has authorized the City Manager or his designee to accept the transfer of Zone No. 68 on behalf of the City and authorized the City Manager or his designee to execute all documents necessary to complete the transfer of Zone No. 68 from the County to the City; and WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code of the State of California, prior to the effective date of any jurisdictional change, the governing bodies of all agencies whose service areas or service responsibilities would be altered by such change must determine the amount of Assessment Proceeds to be exchanged between the affected agencies and approve and accept the negotiated exchange of Assessment Proceeds by resolution, but if the affected agency is special district, the Board of Supervisor must negotiate on behalf of the district. NOW, THEREFORE, the Board of Supervisors of the County of Los Angeles acting as the governing body of LLA District No. 4, Zone 68 West Creek Copperhill Village and the City Council of the City of Santa Clarita hereby resolve as follows: SECTION 1. That the County and the City agree to transfer jurisdiction over Zone No. 68 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) July 1, 2017; or b) a different date mutually agreed to in writing by the parties the ("Effective Date"). SECTION 3. During Fiscal Year 2016-2017 only, the County shall continue to levy and receive all Assessment Proceeds related to Zone No. 68. Beginning Fiscal Year 2017-2018 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone 68. SECTION 4. Upon the Effective Date, the County shall provide to the City all funds currently in the Account and all funds that may be forwarded to the Account in the future pursuant to the following schedule: a. On or about ninety (90) days after the Effective Date of the transfer, the County shall transfer to the City sixty (60) percent of the amount in the Account at that time. This transfer shall constitute the first installment of the funds in the Account. b. On or about one hundred eighty (180) days after the payment of the first installment of the funds in the Account to the City, the County shall transfer to the City eighty (80) percent of the remaining funds in the Account. This transfer shall constitute the second installment of the funds in the Account. c. On or about one hundred eighty (180) days after the second installment of the funds in the Account to the City, the County shall transfer to the City all outstanding funds in the Account. This amount will include all prior unspent funds, including any Assessment Proceeds for Fiscal Year 2016-2017 and Fiscal Year 2017-2018 which have been received to date, less any invoices to be paid by the County from these funds and less Zone 68's pro -rata share of administrative expenses, if any. Copies of any invoices paid by the County from these funds shall be provided to the City upon request. The County and the City may amend the amount of payment and/or the date of payment pursuant to written agreement. d. If for any reason after the final payment of the balance of the funds in the Account there are Assessment Proceeds or other funds in the Account, the County shall forward those Assessment Proceeds or funds in the Account to the City within 60 days of County's knowledge of those Assessment Proceeds or funds. SECTION 5. The County represents that to the best of its knowledge, there are no pending or threatened claims, or administrative or court proceedings against Zone No. 68 to be transferred herein. The City as governing body and administrator of Zone No. 68 shall provide landscape maintenance services and agrees to indemnify defend and hold harmless the County and its agents, officers, and employees from any damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage, worker compensation suits, liability or expense, damage to Zone No. 68, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 68. SECTION 6. The City agrees to the terms of this Joint Resolution as executed by the City Council on the date below. Should any terms or conditions herein be changed or altered in any form or manner, after the date of execution by the City, this Joint Resolution shall be deemed null and void. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. IPASSED, APPROVED, AND ADOPTED this 20' day of January 2017. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA } COUNTY OF LOS ANGELS }ss. CITY OF SANTA CLARITA } I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that foregoing Resolution No. 17-05 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24th day of January, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Kellar, Weste, McLean, Miranda, Smyth None None CITY CLERK LJ 1 City of Santa Clarita TRANSFER JURISDICTION OVER AND APPROVE ACCEPTING THE NEGOTIATED EXCHANGE OF BENEFIT ASSESSMENT PROCEEDS FOR LANDSCAPTE AND LIGHTING ACT (LLA) DISTRICT N0.4 ZONE 68 WEST CREEK COPPERHILL VILLAGE. The foregoing Joint Resolution No. was adopted by the Board of Supervisors of the County of Los Angeles, State of California on the day of 2017. LORI GLASGOW Executive Officer of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM: MARY C. WICKHAM County Counsel Deputy 1