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Home My WebLink About1997-04-22 - AGENDA REPORTS - TRANSFER JURISDICTION LMD (2)AGENDA REPORT City Manager Item to be pre George A. Caravalho �KN&MY&KNAUR"I.\ l DATE: April 22, 1997 SUBJECT: TRANSFER OF JURISDICTION OF LANDSCAPE MAINTENANCE DISTRICT ZONE NOS. 2 (OLD ORCHARD), 3 (VALENCIA HILLS), 4 (VALENCIA MEADOWS), AND 5 (LA QUESTA) FROM THE COUNTY OF LOS ANGELES INTO THE CITY OF SANTA CLARITA RESOLUTION NO. 97-41 DEPARTMENT: Building & Engineering Services Currently there are 15 Landscape Maintenance Districts within the City of Santa Clarita which are administered by Los Angeles County's Department of Parks and Recreation located in Arcadia. The responsibility was not transferred during the incorporation process. Proposition 218 requires that districts that were not formed by developer petition be ratified by a ballot process. Landscape District Zone Nos. 2 (Old Orchard), 3 (Valencia Bills), 4 (Valencia Meadows), and 5 (La Questa) were not formed by a developer petition and are currently administered by the County of Los Angeles. In order to eliminate the necessity for a costly ballot process and to provide a higher level of landscape services, it is desirable for the City to effect the transfer of jurisdiction of these districts from the County to the City. This transfer is achieved through a transfer of jurisdiction process which requires the City Council and the County Board of Supervisors to adopt transfer resolutions. The attached Resolution No. 97-41 establishes the transfer of jurisdiction to the City of Santa Clarita for Zone Nos. 2, 3, 4, and 5. The City will assume responsibility for these districts upon completion of a turnover process with the County. City Council adopt Resolution No. 97-41, establishing the transfer of Landscape Maintenance District Zone Nos. 2, 3, 4, and 5 into the City of Santa Clarita's District No. 1. ATTACHMENTS Resolution No. 97-41 District Maps NED:lkl ��d��amr�anea d Agenda Itenn: (P. 10 DIOS)10caplU • M 6N JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY BOARD OF SUPERVISORS FOR THE TRANSFER OF JURISDICTION, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE FOR: OLD ORCHARD LANDSCAPE MAINTENANCE DISTRICT NO. 2; VALENCIA HILLS LANDSCAPE MAINTENANCE DISTRICT NO. 3; VALENCIA MEADOWS LANDSCAPE MAINTENANCE DISTRICT NO. 4; LA QUESTA LANDSCAPE MAINTENANCE DISTRICT NO. 5; SANTA CLARITA LLA DISTRICT NO. 3, ZONE NOS. 2, OLD ORCHARD; NO. 3, VALENCIA HILLS; NO. 4, VALENCIA MEADOWS; AND NO. 5, LA QUESTA; SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA; FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTACLARITA WHEREAS, Section 22612 of the Streets and Highways Code provides that if all of the territory of a district is included within one city as a result of annexation or incorporation, the legislative body may transfer jurisdiction over the district to the city council of the city by a joint resolution setting forth the mutually agreed upon terms and conditions under which the transfer is to take place; and WHEREAS, Old Orchard Landscape Maintenance District No. 2; Valencia Hills Landscape Maintenance District No. 3; Valencia Meadows Landscape Maintenance District No. 4; La Questa Landscape Maintenance District No. 5; Santa Clarita LLA District No. 3, Zone Nos. 2, Old Orchard; No. 3, Valencia Hills; No. 4, Valencia Meadows; and No. 5, La Questa; hereinafter referred to as the LLAD's and LMD's Zone Nos. 2 through 5 are entirely located within the territorial boundaries of the City of Santa Clarita (the "City"); and WHEREAS, the City consents to the transfer from the County of Los Angeles (the "County") to the City jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 located within the territorial boundaries of the City; and WHEREAS, the City Council of the City has authorized the City Manager and/or the City Engineer to accept the transfer of LLAD's and LMD's Zone Nos. 2 through 5 on behalf of the City and has authorized the City Engineer to execute all documents necessary to complete the transfer of the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City; and WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, 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 property tax revenue to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, but if the affected agency is a special district, the Board of Supervisors must negotiate on behalf of the district. NOW THEREFORE, the Board of Supervisors of the County and the City Council of the City hereby resolve as follows: RESOLUTION NO. 97-41 April 22, 1997 - Page 2 SECTION 1. TRANSFER OF DISTRICT ZONE NOS. 2 THROUGH 5 LYING ENTIRELY WITHIN THE CITY. That the County and the City agree to transfer jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City. SECTION 2. EFFECTIVE DATE. That the transfer shall take effect on July 1, 1997. Upon approval of this Joint Resolution and upon completion of a turnover process and formal acceptance of each district by the City, the districts may be turned over to the City prior to July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County in order to phase in the transfer of the districts and the workload. The County will continue all duties associated with administration of the districts until such time as the districts are formally turned over and accepted by the City in writing or until July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County. SECTION 3. ASSIGNMENT OF RESPONSIBILITY. That, upon the effective date set forth above, the City shall assume total responsibility for all district maintenance contracts under which private contractors are providing the required services for the landscaping within the boundaries of the respective districts. All terms and provisions of the landscape maintenance contracts approved by the County will remain in full force and effect and are accepted by the City for a period of 30 days after the turnover process. The contracts will continue month-to-month thereafter, unless the contract is to continue for a specified amount of time in the future, in which case all regular provisions of the contract will apply. The contracts may be canceled by either party thereafter upon giving a 30 day notice in writing. �:fxNi QAk M,4991ISM a. The negotiated exchange of property tax revenue resulting from the transfer of jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City is approved and accepted. b. For each fiscal year commencing on and after July 1, 1997, or after the effective date of this jurisdictional change, whichever is later, all property tax revenue received by the County attributable to the territory within Landscape Maintenance District Zone Nos. 2, 3, 4, and 5 shall be transferred to the City. SECTION 5. TRANSFER OF FUND BALANCES. After approval of this Joint Resolution the County shall forward the amount of 25% of each district's annual budget within six weeks after approval of this Joint Resolution. These funds will be used for City costs for the transfer and turnover processes. July 1, 1997: The County shall transfer to the City approximately sixty percent (60%) of the fund balances as of July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County as shown on the mid-June 1997 County Department of Parks and Recreation fiscal report for the LLAD's and LMD's Zone Nos. 2 through 5. February 1, 1998: The County shall transfer the remainder of the fund balances to the City for the LLAD's and LMD's within City boundaries. The amount shall be the fund balance based on confirmed revenues and expenditures less the revenue transferred to the City after the adoption of this Joint Resolution and on July 1, 1997 and shall include any and all other funds of the districts. RESOLUTION NO. 97-41 April 22, 1997 - Page 3 SECTION 6. NULL AND VOID. 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. PASSED, APPROVED AND ADOPTED this _ day of , 19_. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. 97-41 April 22, 1997 - Page 4 The foregoing Joint Resolution No. 97-41 was passed by the Board of Supervisors of the County of Los Angeles, State of California on , 1997. JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors Lm APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel I� Deputy W3 NED:lkl:mmn .o cM md.&4.ned Chair, Board of Supervisors t \.�'o* 3 ' �!��`-•� to _,� ': `fir": '� 1 � \- a 'v��:' _`-++I..� `,too' "� _�: ��-��.-�'' � •' r LL— moi.: •• �' P r ` m LESc/Y0 .s��o- a7UNDARY C� L^Cn'C M'lNiaH.w'1C� G.Si aIG%NC: ARRAS 70 BE AUINrd/K-r-'7 /H1De Z L'N^::r"% pA lY.7/NTcu'1C�LV5/iiTi •Yl,' 2 !d?lUO= UKDfi?�0%it?ASS MED/AN':ir �/ -EXHIBIT A - I Landscape Maintenance District No. 2 ; and Santa Clarita LLA District No. 3, Zone No. 2 Old Orchard j 1 Rn�ifs.. r"�"�'1" �.• "'� '� r .. � f � U•� a � ri L c= crYO -- 6..%Y.;d,4YOFYRf:.Y.:.4 X/�rLLJCw.LC7.M,^„3 r� RP�RS.�_'e RLPIM!/H.^�. /NLp.^.:L CeNCSGi•' aR/XCL'OS'P.4S:+,,,5 �' Y•YO;:?`il:.7r'Y,'Qee M:JRNTS'7�T ` r _ EXHIBIT A Landscape Maintenance District No. 3 and Santa Clarita LLA District No. 3, Zone No. 3 Valencia Hills 1 7 1 7 1 r ticF �A r JF r r�fEs 1 LY. iv�pIC bGlV e I r J ra / / CAN l9 \ISL -TL 7jE a.a Lfu�liD ; Oq ow ��-��5C7UiUn"/=i'G�IDC.�lM.:/N7-'Nq+YC�D/Si�/CiIIC= . ARf,45 iv 3E d7A/NT4bYzU /N(DC;C 02 lrn^IN/ ; rFdlC%0%iR/Ci HG. /NCIUDS Piuel:i, UNDf?jGYc.Yr"ASSfS,MEMVVr57,"•:_7- J,:,vD:GiP/NG. r I EXHIBIT A Landscape Maintenance District No. 4 and Santa Clarita LLA District No. 3, Zone No. 4 Valencia Meadows �UNOA?.Y GF LOCA[ NA/NTcA/NCc 0 /Y0.5 AREAS TOBE XA/NTA/NEO GYLOCF-L LANOSCkP_ J b'' ;'c OR ' MA/N7a} l/+lQ/STP/CTdO. SINCLUDES PASE05, ro ' " " UNOfP�oYc"RFASSfS,/i/E0/ANrSTREcT ; R P� d, CORNc"R CRNOSCfP/NG, 6b b/a Y,S� .O bYipVIA ••b a1-1.1 y, v� -j a^ _.._..... . s, '�' - _-„,1'11'1°1• ,l. , - ”-�l�.�llt � <-:..=< i a e 1 ! li•OO \ , yJw la,� aR(,�• �j4. E�bl,ln' _ "-:T':�-r�:e�: ':r sr— - - a'ef>9 d �l�y,• 1. i f O '-' -.: � ' xl-,1•.1..1�� alai ! r -= •�� •.� - , ; -hl l al., r ;1'11. 1•,� 1•�- .. r/ w1 1••��- alb I R,a,c, = Av.�K\0� u^, �• •' y ^le r.lv a� { �% .� �� llQ �i �; t nx' _ p - _ VIA %•• lul S • �1. aw <F= N, �. tl � ywh aT,, .� � 1. sl.l_ � Cl .. ':1+ 6 •t I ,i f-n CAS ra lals� �a Mra - "NA ` �• _ � /� -I� "�� , :tom I :I: I;-` Y1- C�I _ 5251 AV 4XI ,f' ,:+ e =✓.r' '�'�1 e:c i w .it :!-^-' F ^•L�1Wi i5. Flo•- 7' Y`C If1 It � I i{ Gnr �>llJv: .9 �_ _gip{G .•-C Q` ..BF�`l ala CL•'.Gc' C 11lar"r, `°!.•; »lal.,1 v F ?'Ij.ra�• ^r^Iz = 7 �i �^l.. O„a DW—%j �• r;If� 1.tl_!r `pc /`'�!)'/,aha .1l�`�• _r• i _ O p ..ra l� Y••,Er .,r 'p4 Jl�� _ • r �, � '"�'r • �. `•�. aj'la ; Fla,? ..,. J.V; .r r •pAr'r•• ve,�-y r`i "I^ i EXHIBITA tA Landscape Maintenance District No. 5 l•1. _1 t,,- _ and Santa Clarita LLA District No. 3, . J r Zone No. 5 La Questa EXHIBIT A Seco Canyon/Mountain View Landscape Maintenance District #23. N89°2012 E 131 0' I � I 0.Sp,F. SSP. a 'D A NE0:41c:EXNIBR.FRM 3 P tv W �N vi a z z A C i. v a 3 WJ J 6 6 ESS ZL. ON PCpLP.EZ 67 c- u`UtEL. 55" 1264.51 \\ 0 J , G7 ,� A ASH COURT A C i. v a 3 WJ J 6 6 ESS ZL. ON PCpLP.EZ 67 c- u`UtEL. 55" 1264.51 Z P o.8 `— J PE ARI7A i 7 ANTA GL 1 - - \\VII t7Y OF 5 TUL" 0 , G7 ,� A ASH COURT S FIR COURT A. C ACACIA COURT - D ASPEN COURT E PEACH COURT F BUCiLE COURT C COPAL WAY' Y N H WHITE PINE PLACE C M J MANDARIN UNE n Q Z P o.8 `— J PE ARI7A i 7 ANTA GL 1 - - \\VII t7Y OF 5 EXHIBIT A Northbridge Landscape Maintenance District #46 (; j PCL. j' PCL. Nf C o L . N CITYOF:*i*-'�' NT.CL?_ i A C PCL. PCL. Nf C o L . N CITYOF:*i*-'�' NT.CL?_ i A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY BOARD OF SUPERVISORS FOR THE TRANSFER OF JURISDICTION, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE FOR: OLD ORCHARD LANDSCAPE MAINTENANCE DISTRICT NO. 2; VALENCIA HILLS LANDSCAPE MAINTENANCE DISTRICT NO. 3; VALENCIA MEADOWS LANDSCAPE MAINTENANCE DISTRICT NO. 4; LA QUESTA LANDSCAPE MAINTENANCE DISTRICT NO. 5; SANTA CLARITA LLA DISTRICT NO. 3, ZONE NOS. 2, OLD ORCHARD; NO. 3, VALENCIA HILLS; NO. 4, VALENCIA MEADOWS; AND NO. 5, LA QUESTA; 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 provides that if all of the territory of a district is included within one city as a result of annexation or incorporation, the legislative body may transfer jurisdiction over the district to the city council of the city by a joint resolution setting forth the mutually agreed upon terms and conditions under which the transfer is to take place; and WHEREAS, Old Orchard Landscape Maintenance District No. 2; Valencia Hills Landscape Maintenance District No. 3; Valencia Meadows Landscape Maintenance District No. 4; La Questa Landscape Maintenance District No. 5; Santa Clarita LLA District No. 3, Zone Nos. 2, Old Orchard; No. 3, Valencia Hills; No. 4, Valencia Meadows; and No. 5, La Questa; hereinafter referred to as the LLAD's and LMD's Zone Nos. 2 through 5 are entirely located within the territorial boundaries of the City of Santa Clarita (the "City"); and WHEREAS, the City consents to the transfer from the County of Los Angeles (the "County") to the City jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 located within the territorial boundaries of the City; and WHEREAS, the City Council of the City has authorized the City Manager and/or the City Engineer to accept the transfer of LLAD's and LMD's Zone Nos. 2 through 5 on behalf of the City and has authorized the City Engineer to execute all documents necessary to complete the transfer of the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City; and WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, 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 property tax revenue to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, but if the affected agency is a special district, the Board of Supervisors must negotiate on behalf of the district. NOW THEREFORE, the Board of Supervisors of the County and the City Council of the City hereby resolve as follows: RESOLUTION NO. 97-41 April 22, 1997 - Page 2 SECTION 1. TRANSFER OF DISTRICT ZONE NOS. 2 THROUGH 5 LYING ENTIRELY WITHIN THE CITY. That the County and the City agree to transfer jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City. SECTION 2. EFFECTIVE DATE. That .the transfer shall take effect on July 1, 1997. Upon approval of this Joint Resolution and upon completion of a turnover process and formal acceptance of each district by the City, the districts may be turned over to the City prior to July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County in order to phase in the transfer of the districts and the workload. The County will continue all duties associated with administration of the districts until such time as the districts are formally turned over and accepted by the City in writing or until July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County. SECTION 3. ASSIGNMENT OF RESPONSIBILITY. That, upon the effective date set forth above, the City shall assume total responsibility for all district maintenance contracts under which private contractors are providing the required services for the landscaping within the boundaries of the respective districts. All terms and provisions of the landscape maintenance contracts approved by the County will remain in full force and effect and are accepted by the City for a period of 30 days after the turnover process. The contracts will continue month-to-month thereafter, unless the contract is to continue for a specified amount of time in the future, in which case all regular provisions of the contract will apply. The contracts may be canceled by either party thereafter upon giving a 30 day notice in writing. SECTION 4. PROPERTY TAX TRANSFER. a. The negotiated exchange of property tax revenue resulting from the transfer of jurisdiction over the LLAD's .and LMD's Zone Nos. 2 through 5 from the County to the City is approved and accepted. b. For each fiscal year commencing on and after July 1, 1997, or after the effective date of this jurisdictional change, whichever is later, all property tax revenue received by the County attributable to the territory within Landscape Maintenance District Zone Nos. 2, 3, 4, and 5 shall be transferred to the City. SECTION 5. TRANSFER OF FUND BALANCES. After approval of this Joint Resolution the County shall forward the amount of 25% of each district's annual budget within six weeks after approval of this Joint Resolution. These funds will be used for City costs for the transfer and turnover processes. July 1, 1997: The County shall transfer to the City approximately sixty percent (60%) of the fund balances as of July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County as shown on the mid-June 1997 County Department of Parks and Recreation fiscal report for the LLAD's and LMD's Zone Nos. 2 through 5. February 1, 1998: The County shall transfer the remainder of the fund balances to the City for the LLAD's and LMD's within City boundaries. The amount shall be the fund balance based on confirmed revenues and expenditures less the revenue transferred to the City after the adoption of this Joint Resolution and on July 1, 1997 and shall include .any and all other funds of the districts. RESOLUTION NO. 97-41 April 22, 1997 - Page 3 SECTION 6. The County represents that, to the best of its knowledge, there are no pending or threatened claims, or administrative or court proceedings against the District Zones to be transferred herein. The County further represents that each landscape maintenance contract for the District Zones to be transferred herein is in full force and effect and that the District has not been notified of the cancellation of any contractor insurance policy by the insurance company, and that, to the best of its knowledge, there has been no material breach of any such contract. The County and the District are named additional insureds in the landscape maintenance contracts for the District Zones to be transferred herein, and the City agrees that those entities will continue to be named in these and future such contracts for the District Zone maintenance and further agrees that the City will be named as an additional insured as well. The City, as governing body and administrators of Landscaping and Lighting Act District (LLAD) and Landscape Maintenance District (LMD) Zone Nos. 2, 3, 4, and 5 agrees to indemnify, defend, and save harmless the County, and its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims from any damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage, including damage to LLAD and LMD Zone Nos. 2 through 5 and applicable homeowners association and City property and equipment, arising from or connected with County or City operations or services including workers' compensation suits, liability or expense, arising from or connected with services performed on behalf of the City or on behalf of the County in or for these LLAD Zone Nos. 2, 3, 4, and 5. SECTION 7. NULL AND VOID. 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. PASSED, APPROVED AND ADOPTED this _ day of-, 10--. MAYOR ATTEST: CITY CLERK RESOLUTION NO. 97-41 April 22, 1997 - Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 19_ by the following vote of Council: F4V#oh`1 4[4111`►[671JuMI)1 ]D)&I 04 to] I I i M&M, ABSENT: CITY CLERK The foregoing Joint Resolution No. 97-41 was passed by the Board of Supervisors of the County of Los Angeles, State of California on 1997. JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors L -n APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel LM Deputy LM NED:lkl:mmn ..<aU.dW.C.�d Chair, Board of Supervisors b RESOLUTION NO. 97-41 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY BOARD OF SUPERVISORS FOR THE TRANSFER OF JURISDICTION, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE FOR: OLD ORCHARD LANDSCAPE MAINTENANCE DISTRICT NO. 2; VALENCIA HILLS LANDSCAPE MAINTENANCE DISTRICT NO. 3; VALENCIA MEADOWS LANDSCAPE MAINTENANCE DISTRICT NO. 4; LA QUESTA LANDSCAPE MAINTENANCE DISTRICT NO. 5; SANTA CLARITA LLA DISTRICT NO. 3, ZONE NOS. 2, OLD ORCHARD; NO. 3, VALENCIA HILLS; NO. 4, VALENCIA MEADOWS; AND NO. 5, LA QUESTA; 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 provides that if all of the territory of a district is included within one city as a result of annexation or incorporation, the legislative body may transfer jurisdiction over the district to the city council of the city by a joint resolution setting forth the mutually agreed upon terms and conditions under which the transfer is to take place; and WHEREAS, Old Orchard Landscape Maintenance District No. 2; Valencia Hills Landscape Maintenance District No. 3; Valencia Meadows Landscape Maintenance District No. 4; La Questa Landscape Maintenance District No. 5; Santa Clarita LLA District No. 3, Zone Nos. 2, Old Orchard; No. 3, Valencia Hills; No. 4, Valencia Meadows; and No. 5, La Questa; hereinafter referred to as the LLAD's and LMD's Zone Nos. 2 through 5 are entirely located within the territorial boundaries of the City of Santa Clarita (the "City"); and WHEREAS, the City consents to the transfer from the County of Los Angeles (the "County") to the City jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 located within the territorial boundaries of the City; and WHEREAS, the City Council of the City has authorized the City Manager and/or the City Engineer to accept the transfer of LLAD's and LMD's Zone Nos. 2 through 5 on behalf of the City and has authorized the City Engineer to execute all documents necessary to complete the transfer of the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City; and WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, 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 property tax revenue to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, but if the affected agency is a special district, the Board of Supervisors must negotiate on behalf of the district. NOW THEREFORE, the Board of Supervisors of the County and the City Council of the City hereby resolve as follows: RESOLUTION NO. 97-41 April 22, 1997 - Page 2 SECTION 1. TRANSFER OF DISTRICT ZONE NOS. 2 THROUGH 5 LYING EN'T'IRELY WITHIN THE CITY. That the County and the City agree to transfer jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 from the County to the City. SECTION 2. EFFECTIVE DATE. That the transfer shall take effect on July 1, 1997. Upon approval of this Joint Resolution and upon completion of a turnover process and formal acceptance of each district by the City, the districts may be turned over to the City prior to July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County in order to phase in the transfer of the districts and the workload. The County will continue all duties associated with administration of the districts until such time as the districts are formally turned over and accepted by the City in writing or until July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County.. SECTION 3. ASSIGNMENT OF RESPONSIBILITY. That, upon the effective date set forth above, the City shall assume total responsibility for all district maintenance contracts under which private contractors are providing the required services for the landscaping within the boundaries of the respective districts. All terms and provisions of the landscape maintenance contracts approved by the County will remain in full force and effect and are accepted by the City for a period of 30 days after the turnover process. The contracts will continue month-to-month thereafter, unless the contract is to continue for a specified amount of time in the future, in which case all regular provisions of the contract will apply. The contracts may be canceled by either party thereafter upon giving a 30 day notice in writing. SECTION 4. PROPERTY TAX TRANSFER. a. The negotiated exchange of property tax revenue resulting from the transfer of jurisdiction over the LLAD's and LMD's Zone Nos. 2 through 5 from the. County to the City is approved and accepted. b. For each fiscal year commencing on and after July 1, 1997, or after the effective date of this jurisdictional change, whichever is later, all property tax revenue received by the County attributable to the territory within Landscape Maintenance District Zone Nos. 2, 3, 4, and 5 shall be transferred to the City. SECTION 5. TRANSFER OF FUND BALANCES. After approval of this Joint Resolution the County shall forward the amount of 25% of each district's annual budget within six weeks after approval of this Joint Resolution. These funds will he used for City costs for the transfer and turnover processes.. July 1, 1997: The County shall transfer to the City approximately sixty percent (607o) of the fund balances as of July 1, 1997, or upon date of turnover as mutually agreed upon in writing by the City and the County as shown on the mid-June 1997 County Department of Parks and Recreation fiscal report for the LLAD's and LMD's Zone Nos. 2 through 5. February 1, 1998: The County shall transfer the remainder of the fund balances to the City for the LLAD's and LMD's within City boundaries. The amount shall be the ,fund balance based on confirmed revenues and expenditures less the revenue transferred to the City after the adoption of this Joint Resolution and on July 1, 1997 and shall include any and all other funds of the districts. RESOLUTION NO. 97-41 April 22, 1997 - Page 3 SECTION 6. The County represents that, to the best of its knowledge, there are no pending or threatened claims, or administrative or court proceedings against the District Zones to be transferred herein. The County further represents that each landscape maintenance contract for the District Zones to be transferred herein is in full force and effect and that the District has not been notified of the cancellation of any contractor insurance policy by the insurance company, and that, to the best of its knowledge, there has been no material breach of any such contract. The County and the District are named additional insureds in the landscape maintenance contracts for the District Zones to be transferred herein, and the City agrees that those entities will continue to be named in these and future such contracts for the District Zone maintenance and further agrees that the City will be named as an additional insured as well. The City, as governing body and administrators of Landscaping and Lighting Act District (LLAD) and Landscape Maintenance District (LMD) Zone Nos. 2, 3, 4, and 5 agrees to indemnify, defend, and save harmless the County, and its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims from any damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage, including damage to LLAD and LMD Zone Nos. 2 through 5 and applicable homeowners association and City property and equipment, arising from or connected with County or City operations or services including workers' compensation suits, liability or expense, arising from or connected with services performed on behalf of the City or on behalf of the County in or for these LLAD Zone Nos. 2, 3, 4, and 5. SECTION 7. NULL AND VOID. 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. PASSED, APPROVED AND ADOPTED this _ day of , 19_. MAYOR ATTEST: RESOLUTION NO. 97-41 April 22, 1997 - Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19_ by the Following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK The foregoing Joint Resolution No. 97-41 was passed by the Board of Supervisors of the County of Los Angeles, State of California on ,1997. JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors an APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By Deputy By Chair, Board of Supervisors NED:lkl:mmn .dnh.mofw.nea