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HomeMy WebLinkAbout1997-10-28 - AGENDA REPORTS - TRANSFER OF LACO LANDSCAPE (2)AGENDA REPORT City Manager Approval Item to be presented by: John Danielson CONSENT CALENDAR DATE: October 28, 1997 SUBJECT: TRANSFER OF LANDSCAPE MAINTENANCE DISTRICT ADMINISTRATION FROM LOS ANGELES COUNTY TO THE CITY OF SANTA CLARITA RESOLUTION NO. 97-117 DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt Resolution No. 97-117, establishing the transfer of Los Angeles County Administered Landscape Maintenance District Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42, 42A and 42B and Areawide District No. 1 to the City of Santa Clarita. BACKGROUND The Streets and Highways Code provides that if the territory of a district is included within a city as a result of 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. The landscape districts were not transferred at the time of incorporation. The City of Santa Clarita now desires to transfer the jurisdiction of Landscaping and Lighting Act Districts (LLAD) and Landscape Maintenance Districts (LMD) from the County of Los Angeles to the City of Santa Clarita. This transfer is achieved through a Transfer of Jurisdiction process which requires the City Council to adopt a Joint Transfer. Resolution. Upon adoption of the Resolution by the City Council, the signed document is forwarded to the County for approval by the County Board of Supervisors. The attached Joint Resolution No. 97-117, establishes the Transfer of Jurisdiction to the City of Santa Clarita for Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30,.31, 42A and 42B and Valencia Areawide LLAD and LMD No. 1. The City will assume responsibility for these districts upon completion of a turnover process with the County, as outlined in the Resolution. The landscape districts maintain the paseos and adjacent landscaping. These paseo areas are usually homeowner's association common areas. The landscape contractor indemnifies the City for any maintenance related issues as that is the extent of the City's liability. In the case of District No. 8, which is located in the Summit, there is a park owned by the association with a public easement over it. The easement language has an indemnification clause stating the County 44opted:i a_- z � Agenda Rem. indemnifies the association for any liability. If the City were to assume this district, the City would assume the responsibility for the indemnification provided in the easement document. This provides additional exposure to liability compared to the other districts, but not in any significant amount. The Contractor also indemnifies the City in the standard Landscape Maintenance Contract for the park. The districts are insured under the City's general liability policy. The City has worked with the homeowner's associations to come to an understanding of the liability issues prior to the transfer of jurisdiction of these districts to the City. ALTERNATIVE ACTIONS Other action as determined by the City Council, including no action. FISCAL IMPACT There would be no fiscal impact to the City. The districts must pay for all staff time and costs incurred as a result of district administration. Resolution No. 97-117 Exhibit A Exhibit A-1 NED:cac o= d\Imdinfo9.ned RESOLUTION NO. 97-117 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: SANTA CLARITA LLA DISTRICT NO. 3, ZONE NO. 6 VALENCIA VILLAGE SO UTH; NO. 7 VALENCIA VILLAGE NORTH, NO. 8 VALENCIA MCBEAN HILLS, NO. 9 VALENCIA CORPORATE CENTER; NO. 10 VALENCIA AVENUE STANFORD; NO. 17 RAINBOW GLEN STANFORD; NO. 29 AMERICAN BEAUTY VILLAGE EAST; NO. 30 VALENCIA CITY CENTER; NO. 31 SHANGRI-LA; NO. 42A NEWHALL CIRCLE J RANCH; AND NO. 42B NEWHALL CIRCLE JRANCH, VALENCIA AREA -WIDE LANDSCAPE MAINTENANCE DISTRICT NO. 1; AND THAT PORTION OF VALENCIA AREA -WIDE LANDSCAPING AND LIGHTING ACT DISTRICT NO. SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA, AND THAT PORTION WITHIN THE COUNTY, - FROM THE COUNTY OF LOSANGELES 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 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, SANTA CLARITA LLA DISTRICT NO. 3, ZONE NO. 6 VALENCIA VILLAGE SOUTH; N0. 7 VALENCIA VILLAGE NORTH, • NO. 8 VALENCIA MCBEAN HILLS, NO.9 VALENCIA CORPORATE CENTER; NO. 10 VALENCIA AVENUE STANFORD; NO. 17 RAINBOW GLEN STANFORD; NO. 29 AMERICAN BEAUTY VILLAGE EAST, NO. 30 VALENCIA CITY CENTER; NO. 31 SHANGRI-LA; NO 42A NEWHALL CIRCLE JRANCH; NO. 42B NEWHALL CIRCLE J RANCH, AND VALENCIA AREA -WIDE LANDSCAPE MAINTENANCE DISTRICT NO. 1; hereinafter referred to as Zone Nos. "6,7, 8, 9, 10, 17, 29, 30, 31, 42A, 42B and LMD 1" are entirely located within the territorial boundaries of the City of Santa Clarita (the "City"); and WHEREAS, VALENCIA AREA -WIDE LANDSCAPING AND LIGHTING ACT DISTRICT NO. 1; hereinafter referred to as "Areawide LLAD No. 1" are partially located within the territorial boundaries of the City and partially located within the unincorporated territory of Los Angeles County; and WHEREAS, the City consents to the transfer from the County to the City, jurisdiction over the Zone Nos. 6, 7, 8, 9,10, 17, 29, 30, 31,42A, 42B and LMD 1 located within the territorial boundaries of the City of Santa Clarita and that portion of the Areawide LLAD No. 1 which is within City boundaries, and that portion of Areawide LLAD No. 1 which is within the County and shown on Exhibit "A° and designated as an area which is now to fall within the jurisdiction of the City of Santa Clarita. The jurisdiction is to include the right to assess and to enter and maintain. RESOLUTION NO. 97-117 Page 2 October 28, 1997 WHEREAS, the City Council of the City has authorized the City Manager and/or the Director of Parks, Recreation, and Community Services to accept the transfer of Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42A, 42B, LMD 1 and Areawide LLAD No. 1 on behalf of the City and has authorized the Director of Parks, Recreation, and Community Services to execute all documents necessary to complete the transfer of the Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42A, 42B, LMD 1 and that portion of Areawide LLAD No. 1 which is within City boundaries and a portion of Areawide LLAD No. 1 which is within the County and designated on the attached exhibit "A" 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: SECTION 1. TRANSFER OF DISTRICTS FOR SANTA CLARITA LLA DISTRICT . NO. 3, ZONE NO. 6 VALENCIA VILLAGE SOUTH; NO. 7 VALENCIA VILLAGE NORTH; NO. 8 VALENCIA MCBEAN HILLS; NO.9 VALENCIA CORPORATE CENTER; NO. 10 VALENCIA AVENUE STANFORD; NO. 17 RAINBOW GLEN STANFORD; NO. 29 AMERICAN BEAUTY VILLAGE EAST; NO. 30 VALENCIA CITY CENTER; NO. 31 SHANGRI-LA; NO. 42 NEWHALL CIRCLE J RANCH; NO. 42A NEWHALL CIRCLE J RANCH; AND 'NO. 42B NEWHALL CIRCLE J RANCH; VALENCIA AREA -WIDE LANDSCAPE MAINTENANCE DISTRICT NO. 1; AND VALENCIA AREA -WIDE LANDSCAPING AND LIGHTING ACT DISTRICT NO. 1 SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA AND A PORTION OF VALENCIA AREA -WIDE LANDSCAPING AND LIGHTING ACT DISTRICT NO. 1 WHICH IS WITHIN THE COUNTY; FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA. That the County and the City agree to transfer jurisdiction over the LLAD Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42A, 42B AND LMD 1 from the County to the City. The County and the City also agree to transfer the jurisdiction over that portion of Areawide LLAD No. 1 which is within City Boundaries and that portion of Areawide LLAD No. 1 which is within the County and shown on the attached Exhibit "A" as the area of jurisdiction to be transferred. The transfer of jurisdiction will include the right to assess those properties and the right to enter and maintain. SECTION 2. EFFECTIVE DATE. That the transfer of Zone Nos. 6, 7, 9, LMD 1 and Areawide LLAD No. 1 shall take effect on January 1, 1998.. The County will continue all duties associated with administration and inspection of the districts until January 1, 1998, or upon date of turnover as mutually agreed upon in writing by the City and the County. SECTION 3. EFFECTIVE DATE. That the transfer of Zones 8, 10, 17, 29, 30, 31, 42A and 42B shall take effect on July 1, 1998. The County will continue all duties associated with administration and inspection of the districts until July 1, 1998, or upon date of turnover as mutually agreed upon in writing by the City and the County. RESOLUTION NO. 97-117 Page 3 October 28, 1997 SECTION 4. These zones will be renamed as Zone Nos. T6, T7, T8, T9, T10, T17, 729, T30, T31, T42A, and T42B of City of Santa Clarita's Landscape District No. 1 respectively, and Valencia Areawide Landscape Maintenance District T1A, and Valencia Areawide Landscape District No. Tl. SECTION 5. ASSIGNMENT OF RESPONSIBILITY. That, after the effective dates set forth above, and upon completion of the turnover process, 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. If the contract is to continue for a specified amount of time in the future, 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 6. PROPERTY TAX TRANSFER. a. The negotiated exchange of property tax revenue resulting from the transfer of jurisdiction over that portion of Areawide LMD No. 1 within the City boundary from the County to the City is approved and accepted. b. For each fiscal year commencing on and after July 1, 1998, 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 that portion of Areawide LMD No. 1 within City limits shall be transferred to the City. SECTION 7. TRANSFER OF FUND BALANCES. January 1, 1998: The County shall transfer to the City approximately 30% of the fund balances as shown on the November 30, 1997 County Department of Parks and Recreation fiscal report for the Zone Nos. 6, 7, 9, LMD I and Areawide LLAD No. 1. An additional 30% of the fund balance of each of these zones will be transferred by February 16, 1998. The County shall transfer the remainder of the fund balances, approximately 40% to the City for Zone Nos. 6, 7, 9, LMD 1 and Areawide District No. 1 by May 15, 1998. July 1,1998: The County shall transfer to the City approximately 30% of the fund balances as shown on the mid -year 1997-98 County Department of Parks and Recreation fiscal report for the Zone Nos. 8,10,17, 29, 30, 31, 42A and 42B. An additional 30% of the fund balance of each of these zones will be transferred by September 15, 1998. The County shall transfer the remainder of the fund balances, approximately 40%, to the City for Zone Nos. 8, 10, 17, 29, 30, 31, 42A and 42B by February 1, 1999. SECTION 8. 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. RESOLUTION NO, 97-117 Page 4 October 28, 1997 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 Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42A and 42B and Areawide LLAD No. 1 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 Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42A and 42B and Areawide LLAD No. 1 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 Zone Nos. 6, 7, 8, 9, 10, 17, 29, 30, 31, 42A and 42B and Areawide LLAD No. 1. SECTION 9. 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: RESOLUTION NO. 97-117 Page 5 October 28, 1997 AYES: COUNCILMEM 3ERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK The foregoing Joint Resolution No. 97-_ 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 Hn APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel M Deputy 0 NED: council\1.dWb9.ned Chair, Board of Supervisors .—.--sartX t[ti aisTr�crrm s � 2 AaroeE,�;wra� ,. 1,1ry••h4 EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 6 Valencia Village South silo- • 15. ' � �� •'.. 5 { t Y - w Ttt • • 1 . � � r� ••••lYJ L ,__.! !..._,_: ••�� '• ,1.1.!.!.1.1 .I:'.!.!.!:f'L.l. ��•�� I ��. I f •: ` •I' .• -!, .1.:1.1'. "1'1'1 -T .. •� ! ,1 ,1•!.x.!.1.1 !.!:.:103 -_ ___ � 1 � 1_! I 1-L R, �^ "� � ,1.1.1 • 'i i F1 ("i i 1 i 1"'i ,1.1.1.1. .1..1.1 , .•' _ .,. ...o. ..!_ "L ' .1. •1.1.1:1,•1•. •I.I•I•}• •}•}.}.1. �1-�:- i----- ...I.'���=i��+ .1.!..1.1-I�fa•I•I•I• �tj .,. .VOJ w i;� c. 1 I i I ,I 1iLLl�__L_._..1_.1..1.1., i. . ••jl sa III EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 6 Valencia Village South silo- • 15. ' � �� •'.. 5 { t Y - t ` EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 6 Valencia Village South 9 R a ~� Ar M A. EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 9 Valencia Corporate Center S DISTRICT BOUNDARY o' AREA TO BE MAINTAINED a p T r = Parkway Area and Special Treatment at South Entrance to Tourney Road • q yo S1 • en.. ��N�UH741 a a. v • 1 a ~ I r a o 9 R a ~� Ar M A. EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 9 Valencia Corporate Center S DISTRICT BOUNDARY o' AREA TO BE MAINTAINED a p T r = Parkway Area and Special Treatment at South Entrance to Tourney Road • q yo S1 • en.. EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 17 Rainbow Glen v District Boundary . J` X r i`" '' , Areas to be maintained: PLANTED SLOPE •�i • i�:c •• ~ —_» '_'_:_ \ � • 2.45 ` X •.Y� --� Acres BRUSHED SLOPE 1.11 Acres �� ►—:��—+ DISIRICt EQU1P� HENT (annroximmate numbers) / l;� 2 Controllers ��w y l0 Valves E Backflow devices y i _ _ 61' Sprinkler heads 4- I� I • • �U� �I�,l.ia , 1 61GtfA N41Y . d 00 ���; EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 29 American Beauty Village East J.1[L11Y Fils Nv ItI�J A. EGEND DISTRICT BOUNDAhY IRRIGATED PLANTED SLOP I TO BE MAINTAINED' ®BRUSHER AND NATURAL S TO BE MAINTAINED QUANTITIES IIGATED PLANTED OPES. 179,opo SQ. Fr. USHED SLOPES . K 0.5 Acres T,URAL SLOPE 5.4 Acres t TRACT NO. 36686 220 RESIDENTIAL UNITS 1 • •. - ED i�1P M]�r,�.f_•.' ifl"i !!:l+ -Oki Tr. � .tf_ 4 _ 1�-•: � T I QST A ) OL to y EXHIBIT A 'Santa Clarita LLA District No. 3, Zone No. 31 Shangri-La 11•lllls�� DISTRICT/ZONE BOUNDARY r_ �l Innl GATCD PLAIJTED a]I.OPES (14.40 AG) ,a..n:rlm:o_a.+=a..•.v. l PLANTED MEDIAN AND PAMMAY PANEL (.27 AC) NON -i n [GATED ORUSIIED SLOPES (4,20 AC) • 10q� F1106f III11LD111(19 EXHIBIT A Landscape Maintenance District No. 3 and Santa Clarita LLA District No. 3, Zone No. 42B Newhall Circle J Ranch 1 111 . l 1� LOT 1 TRACT 44 �'� `tib '� \ : � •,• . "`. � 1 7 1 tea +�i \\ i ~ .�,. ALT ?�' �<•15�2�� i -' ti �. - t az ` rms �� 7 e8 i 1 n Q15V P`s \ . Ridge l Sian I Plan i, 1 Approximate Acreage Planted Slopes ;; ; 8,2 Acres Brushing/ Weed Abatement 3.OAcres EXHIBIT A Landscape Maintenance District No. 3 and Santa Clarita LLA District No. 3, Zone No. 42A Newhall Circle J Ranch B�ushc$ meas 1 I' r- =��•./ s /�.', T111`.• (ice :� �314�� -' i I:.. 114 t.. t •�•• ,SGt3C - R - � j //ill ted 51°1'es ;� �x •�' �•. � � Tear. r 1443 (lnnual Fiowers ,' �� ` y ii1.: •� ^� Approximate Acreage: a Annual Flowers to i 100 S.F. (Replace 4x yr.) Turf ® 2.1 Acres ' Fescue = 32,670 S.F. Planted Slopes 15.87 Acres Brushing/ Weed Abatement 3.70 Acres s.-miOF Sr.,_'l. LANDSCAPE, ( z MAINTENANCE DIST RIC T!rr'+ �Av �AREAS MAINTAINED ARE THE N^+ ` PANELS AND MEDIANS \ noi•!" LOCATED ON: 2 — VALENCIA BLVD.. MCBEAN„-- ' PKWY., WILEY CANYON RO.. ii�\ l r �� .~• LYONS AVE., TMS OLD ROAD, ':,i' L ri„ t y lath ST.. PORTION OF MA QIG Y,: �� ` \ �p / `'yyv' 6 '••� 1 MOUNTAIN PKWY.. NEWHALL `...`.•.� %� ♦a� / �.{l ?��� _ m f RANCH RD.. HILL$90R UaH •'�%� �,+�• PKWY..^ '_ r% _ QRANDVIEW DR.. AND -,.. �, ^ SLOPE AREA AS SHOWN. 4.4 ., 7,,' yr EXHIBIT A i VPI..ENCIA AREAWIDE LANDSCAPE MAINTENANCE �I I � J ;y. ((r •' fWil.' '-R:. '••.- DISTRICT NO. -7<`� ,, y � i,Z � ',^'� ry. ♦% �`Iw�i •u'� ^.ry i< J }. L+IL of ice: :. ,.Vti�.'• q 'r-^-._ ♦ 6r ✓/J � � , `' \' A1�I�'� • '~fir' '^l r aY 6�x.n ••r 1 .i i F.. i 7 t COUNTY =' CITY. I �� t 2 �� I EXHIBIT A .! �\�: lid• � t1J•'yy” +y t\} I.YtIN• .�. EXHIBIT A-1 AREAWIDE DISTRICT NO.1 RESPONSIBILITY MATRIX The City will take over jurisdiction of all areas of Areawide District No. 1 within City limits. Portions of Areawide 1 are in the County. The following detail explains the jurisdiction of each of those areas outside City limits: 1. The Old Road from Valencia Blvd. to Magic Mountain Parkway: The medians within the Old Road are maintained by Areawide District No. 1. The City will take over the responsibility for the maintenance of the medians, and will have the authority to assess the parcels within Areawide I between the Old Road and the freeway. 2. Stevenson Ranch Area: A number of parcels are assessed. There is Areawide l landscaping in the McBean Medians on the west side of the freeway. This portion of maintained area, and the parcels which are assessed, will be removed from Areawide 1 and will be included within the Stevenson Ranch Landscape District. 3. McBean Median from Newhall Ranch to Decoro: The City/County boundary line goes down the middle of the medians. Jurisdiction will be transferred to the City to maintain the landscaping along this section of McBean which is in Areawide 1. 4. The medians in McBean north of Decoro adjacent to the North Park Development: Jurisdiction will be transferred to the City to assess the parcels within North Park, and to maintain the medians in this section of McBean. 5. Valencia High School: The medians in front of the High School are proposed to be annexed into Areawide 1. However, this has not happened yet. No transfer of jurisdiction is proposed for this area at this time. 6. The undeveloped areas within the County to the north of the North Point Development: These fall within the boundary of Areawide 1, but are not yet assessed and have no landscape improvements. Upon construction of homes and improvements, the annexations to Areawide I will be processed through the City. The County grants jurisdiction to the City to assess and to maintain areas which may be constructed in the future. diaricN=MatrJmd