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HomeMy WebLinkAbout1997-10-28 - RESOLUTIONS - PROPERTY TAX REVENUE EXCHANGE (2)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 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. 42A NEWHALL CIRCLE J RANCH; AND NO. 42B NEWHALL CIRCLE J RANCH, VALENCIA AREA -WIDE LANDSCAPE MAINTENANCE DISTRICT NO. 1; AND THAT PORTION OF VALENCIA AREA -WIDE LANDSCAPING AND LIGHTING ACT DISTRICT NO. 1 SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA; AND THAT PORTION WITHIN THE COUNTY; 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 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, 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 JRANCH,• NO. 42B NEWHALL CIRCLE J RANCH; AND VALENCIA AREA -WIDE LANDSCAPE MAINTENANCE DISTRICT NO. 1; hereinafter referred to as Zone Nos. "6, 7, S, 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, S, 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, T29, 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 1 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%n 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 28 day of October , 19 97. ATTEST: L ,Q,w - Ox 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 _ 28 day of October 1997 by the following vote of Council: RESOLUTION NO. 97-117 Page 5 October 28, 1997 AYES: COUNCILMEMBERS: NOES: COUNCILMEM 3ERS: ABSENT: COUNCILMEMBERS: Darcy, Heidt, Smyth None Boyer, K'aj*Lc a^ X 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 v 1997. JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors By APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By Deputy By NED: ..Almdln"...d Chair, Board of Supervisors . s - tauJroaaraf i::r�rr�; YID Jus � 3��� ---sarrX LLApjSrR1C7*ll0.6 2 AW TO bom,4AT-.90 Noi"L'§y J .1..1..111_ il�d 4 22§ j iii mwm :: •�•_ L: = = �', . `C"• = -t_, =tom a o`: s EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 6 Valencia Village South 'i I' i, .f1� �i .1� .;' •1''•I�•I• '1.1.1.1.1.1 • • �I. �� •1• • • 1 1 •i I I �� •I•I.1• ' �• � •111.1.1• I• I. •Id•I:�,•1•. .• 1'1'1'1' 1.1.1.1• IT 1.1.1•la•I'II v Noi"L'§y J .1..1..111_ il�d 4 22§ j iii mwm :: •�•_ L: = = �', . `C"• = -t_, =tom a o`: s EXHIBIT A Santa Clarita LLA District No. 3, Zone No. 6 Valencia Village South EXHIBIT A a - Santa Clarita LLA District No. 3, Zone No. 9 Valencia Corporate Center DISTRICT BOUNDARY AREA TO BE MAINTAINED Parkway Area and Special Treatment at South Entrance to Tourney Road N c0 W d t4. M > O Z �I cc ./♦ W N C Jd J Q w U Z 14 CO N w co �n CD Z M � O z —+ Q U Z J a u (3 c S -M, u Ho C O CV a CV 1 i 1 L \�� � fir• tom' T z �- Q i Q 1 '• . O J J a (3 c S -M, 3Yuj` Ho !6 a P 5 z aw z i 1 L \�� � fir• tom' T z �- Q N Q '• . O J J a (3 c -M, Cl) u°ia Ho a P 5 z aw z 0 J� Z� m IL Z aZ 6. U �LU ..2 W+� H N (n Q i NtC Qw c7 m= =w m Z N J a w o L w O �O ¢O u C J m J U) . Z T UJ <LU Q (3 c JYUi�� �.L , 11►i� , /1/1 ,-��.' !'•/' {`(L�}.N r ��� 00 • 1' 'o Z�i1 111• ,•1 J J r • �1 j1� •j'�jI i I, J f .1 Ula J�i•r V U N �-•, J C7. U < J— W 2 N v � C v 3 0 � m •� 10 Z O Lu y c = XJ = W co W 6 w o a< W C j R M V F W C (� Z < i� Z S I ,. C G1 ca a O c c o CON a OILz EXHIBIT A Landscape Maintenance District No. 3 and Santa Clarita LLA District No. 3, Zone No. 42B Newhall Circle J Ranch w •^ w `• LOT 1 TRACT 44 S,erGS ` •;� 77iALT 1t• 4443 t •1` '�' l ` \ '• ei t HRS \ t •` • Ridge ` opo \ steres Approximate Acreage: Planted Slopes : Si4 $,2 Acres �t Brushing/ Weed Abatement 3.0 Acres EXHIOIT A Landscape Maintenance District No. 3 and Santa Clarita LLA District No. 3, Zone No. 42A Newhall Circle J Ranch Boas"`&� a��as •. Approximate Acreage: Annual Flowers �a < < 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 mm=BOUNDARY OF 4t' LANDSCAPE MAINTENANCE DISTRICT; �WP—�ARUAS MAINTAIN20 ARE THE PANELS AND MEDIANS LOCATED ON: VAL&NC1A BLVD.. MCBEAN i PKWY.. WILEY CANYON RD., ri. LYONS AV_ E.. TI -491 OLO ROAD, " lath ST.. PORTION OF MAGIC V MOUNTAIN PKWY.. NEWHALL RANCM PRD„ NILLOSOPROU3M if PKWY.. ORANOVIEW DR.. ANDI SLOPR ^RNA AS 9MCWN. EXHIBIT "A" VALENCIA AREAVVIDE iia' LANDSCAPE MAINTENANCE �' DISTRICT NO. 1 -„ I COUNTY EXHIBIT A iop ~ / 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: 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 1 between the Old Road and the freeway. 2. Stevenson Ranch Area: A number of parcels are assessed. There is Areawide 1 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 1 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. distnckespm rind RESOLUTION NO. 97-117 Page 5 October 28, 1997 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Darcy, Beidt, Smyth None Boyer, Klajic CITY CLERK The foregoing Joint Resolution No. 97- was pajsq6 by the Board of Supervisors of the County of Los Angeles, State of California on 1997. APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel 7 By ' Deputy NED: cowed\Imdinfo9.ned JOANNE STURGES Executive Officer -Clerk of the Boar of Superviso s ^Ahq0t By DEPUTY LM