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HomeMy WebLinkAbout1998-02-24 - AGENDA REPORTS - SMD RESO 98 23 98 24 98 25 (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by Lawrence P. Cushman DATE: February 24, 1998 SUBJECT: TRANSFER OF STREET LIGHTING MAINTENANCE DISTRICTS WITHIN THE CITY OF SANTA CLARITA FROM THE COUNTY TO THE CITY OF SANTA CLARITA RESOLUTION NOS. 98-23, 98-24, AND 98-25 DEPARTMENT: Transportation and Engineering Services RECOMMENDED ACTION City Council rescind Resolution Nos. 97-123, 97-124, and 97-125 and adopt the following amended resolutions: 1. Adopt Resolution No. 98-23, a resolution of the City Council of the City of Santa Clarita, requesting detachment of County Lighting District LLA -1, Santa Clarita Zone; Adopt Resolution No. 98-24, a Joint Resolution of the City Council of the City of Santa Clarita and the Los Angeles County Board of Supervisors, approving the transfer of jurisdiction over County Lighting Maintenance District (CLMD) No. 1867 situated 7ithin the territorial boundaries of the City of Santa Clarita from the County of Los Angeles to the City of Santa Clarita; and 3. Adopt Resolution No. 98-25, a Joint Resolution of the City Council of the City of Santa Clarita and the Los Angeles County Board of Supervisors, approving and accepting a negotiated exchange of property tax revenue resulting from the transfer of jurisdiction over County Lighting Maintenance District (CLMD) No. 1867. On September 15, 1997, the County Lighting Maintenance District (CLMD) requested that a cover letter and draft copies of the proposed transfer resolutions be forwarded through the CLMD to County Counsel for review and approval. The City complied and on September 24, 1997 sent the resolution drafts to Mr. Harry Stone, County Public Works Director. Verbal County Counsel approval was received from Mr. Jim Thurow at CLMD. Staff then proceeded to draft the resolutions. On October 28, 1997, the City Council adopted these resolutions. The following day, signed originals of the three resolutions were hand carried to Jim Thurow at CLMD. Adopted: Z -z- :.:.qg L' agenda el: _ TRANSFER OF STREET LIGHTING MAINTENANCE DISTRICTS February 24, 1998 - Page 2 The next week, staff was notified that these resolutions were not acceptable to County Counsel until minor revisions were made. Those revisions included deleting the numerical amount of the reserve as referenced in Resolution No. 97-124 and adding the word "available" when referring to the transferrable fund balance. Additionally, Section 6 of Resolution No. 97-124 was deleted in its entirety, as irrelevant to the district transfer process. On November 12, 1997, the amended resolutions were sent to the CLMD for County Counsel's review. The City received written verification of County Counsel approval on January 6, 1998. The County would continue to administer the District. FISCAL IMPACT Estimated operational budget for FY 1998-99 is $1,176,000. Three sources of funds are available to pay the budgeted items: 1. Ad valorem taxes collected through annual property tax bills $1,076,991 2. Benefit assessments levied on property through annual property tax bills 38,924 3. Reserve balance* 60,145 TOTAL REVENUE: 1 1 * The assessment rate established for Fiscal Year 1998-99 is determined in February 1998 through the Engineer's Report, and the rate per parcel is sent to the County Auditor in August 1998. A portion of the reserve must be utilized in this first year of City administration. The estimated reserve balance for the end of Fiscal Year 1997-1998 is $2,362,237. Resolution No. 98-23 Resolution No. 98-24 Resolution No. 98-25 RESOLUTION NO. 98-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA REQUESTING DETACHMENT OF COUNTY LIGHTING DISTRICT LLA -1, SANTA CLARITA ZONE WHEREAS, County Lighting District LLA -1, Santa Clarita Zone, was formed by and under the jurisdiction of the Board of Supervisors of the County of Los Angeles under and pursuant to the provisions of Part 2, Division 15 of the California Streets and Highways Code; WHEREAS, County Lighting District LLA -1, Santa Clarita Zone, is contained entirely within the boundaries of the City of Santa Clarita; and WHEREAS, Section 22605 of Part 2, Division 15 of the California Streets and Highways Code provides that the Board of Supervisors of the County of Los Angeles may order the detachment of territory from an existing assessment district formed under Part 2, Division 15 of the California Streets and Highways Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby requests the Board of Supervisors of the County of Los Angeles to order the detachment of County Lighting District LLA -1, Santa Clarita Zone, from the remainder of the County Lighting District LLA -1 pursuant to Section 22605 of Part 2, Division 15 of the California Streets and Highways Code. SECTION 2. The City Council hereby rescinds Resolution No. 97-123. PASSED, APPROVED AND ADOPTED this _ day of-, 19 MAYOR ATTEST: CITY CLERK RESOLUTION NO. 98-23 February 24, 1998 - Page 2 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 DMK:lkl comdMl-clmd.002 RESOLUTION NO. 98-24 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY BOARD OF SUPERVISORS APPROVING THE TRANSFER OF JURISDICTION OVER COUNTY LIGHTING MAINTENANCE DISTRICT (CLMD) NO. 1867, SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA WHEREAS, The City of Santa Clarita, by Resolution No. 98-23, adopted February 24, 1998, has requested and consented to the transfer ofjurisdiction from the County of Los Angeles to the City of Santa Clarita over County Lighting Maintenance District (CLMD) No. 1867, located within the territorial boundaries of the incorporated City and such resolution has been transmitted to the County, and has authorized the Mayor and/or the City Engineer to accept the transfer on behalf of the City of Santa Clarita and the City Engineer to execute all documents necessary to complete the transfer of this District from the County of Los Angeles to the City of Santa Clarita, and such resolution has been transmitted to the County; WHEREAS, Section 5851 of the Streets and Highways Code provides that if the whole district formed pursuant to the Improvement Act of 1911, Division 7 of the California Streets and Highways Code is included within one city, upon receipt of a resolution of the city requesting transfer ofjurisdiction over the district and the funds of the district, jurisdiction over the district shall be transferred by resolution of the Board of Supervisors to the city, and the funds of the district shall be paid to the treasurer of the city to be used by the city for the benefit of the district; and WHEREAS, the boundaries of CLMD No. 1867 are located entirely within the corporate boundaries of the City of Santa Clarita. NOW THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DO HEREBY FIND, DETERMINE,. RESOLVE, AND ` ORDER AS FOLLOWS: SECTION 1. That the City Council requests transfer ofjurisdiction over CLMD No. 1867 from the County of Los Angeles to the City of Santa Clarita, and the County of Los Angeles and the City of Santa Clarita agree to the transfer of jurisdiction over CLMD No. 1867 from the County of Los Angeles to the City of Santa Clarita effective July 1, 1998. SECTION 2. That the City Council authorized the Mayor and/or City Engineer to accept the transfer on behalf of the City of Santa Clarita and the City Engineer to execute all documents necessary to complete the transfer of this District. SECTION 3. That the transfer shall take effect on July 1, 1998. The County of Los Angeles will continue all duties associated with administration of the District until such time as the District is formally turned over and accepted by the City on July 1, 1998. RESOLUTION NO. 98-24 February 24, 1998 - Page 2 SECTION 4. That all records for CLMD 1867 and LLA -1, Santa Clarita Zone, be transferred to the City of Santa Clarita within thirty (30) days from the effective date of jurisdictional transfer. SECTION 5. That upon the effective date of the transfer of jurisdiction, CLMD No. 1867 shall be designated "Santa Clarita Street Lighting Maintenance District." SECTION 6. The City of Santa Clarita agrees to indemnify, defend, and hold harmless County and all of its officers, agents, and employees from any and all liability, claims, damages, or injuries to any person, including injury to City employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this Agreement, or as caused or claimed to be caused by the acts or omissions of City, its agents, or employees, and all expenses of investigation and defending against same; provided, however, that this indemnification and hold harmless provision shall not apply to any claim arising from the active negligence or willful misconduct of the County, its agents, or employees. SECTION 7. NULL AND VOID. The City of Santa Clarita 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 of Santa Clarita, this resolution shall be deemed null and void. SECTION 8. The Executive Officer -Clerk of the Board of Supervisors is hereby ordered and directed to file a certified copy of this Joint Resolution with the County Auditor - Controller. SECTION 9. The City Council hereby rescinds Resolution No. 97-124. PASSED, APPROVED AND ADOPTED this _ day of , 19_. MAYOR ATTEST: CITY CLERK RESOLUTION NO. 98-24 February 24, 1998 - Page 3 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. 98-24 was adopted. by the Board of Supervisors of the County of.Los Angeles, State of California, on the day of '199—. APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel Deputy DMK Ikl w„odt\ar-dina.002 COUNTY OF LOS ANGELES US Chairman, Board of Supervisors ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors M 10*113 to 11►tiMI�[moIwd A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY BOARD OF SUPERVISORS APPROVING AND ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE TRANSFER OF JURISDICTION OVER COUNTY LIGHTING MAINTENANCE DISTRICT (CLMD) NO. 1867 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; and WHEREAS, the Board of Supervisors of the County of Los Angeles and the City Council of the City of Santa Clarita have determined that, the amount of property tax revenue to be exchanged as a result of the transfer of jurisdiction over County Lighting Maintenance District (CLMD) No. 1867 is as set forth below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DO HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: SECTION 1. The negotiated exchange of property tax revenue resulting from the transfer of jurisdiction over CLMD No. 1867 from the County of Los Angeles to the City of Santa Clarita is approved and accepted. SECTION 2. Pursuant to Resolution No. 98-24, upon the effective date of the transfer of jurisdiction over CLMD No. 1867 from the County of Los Angeles to the City of Santa Clarita, CLMD No. 1867 shall thereafter be designated "Santa Clarita Street Lighting Maintenance District." SECTION 3. 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 Santa Clarita Street Lighting Maintenance District (formerly County Lighting Maintenance District (CLMD) No. 1867) shall be transferred to the City of Santa Clarita. SECTION 4. That the County of Los Angeles shall forward the amount of $100,000 of the district fund balance within thirty (30) days from approval of the joint resolution. These funds will be used for City costs for the transfer and set-up processes. SECTION 6. That the County of Los Angeles will forward approximately 90 percent of the available fund balance within thirty (30) days from the effective date of transfer, July 1, 1998. RESOLUTION NO. 98-25 February 24, 1998 - Page 2 SECTION 6. That the County of Los Angeles will forward the remaining available fund balance on October 1, 1998. SECTION 7. No additional transfer of property tax revenues shall be made to or from any other taxing agency(ies) as a result of this jurisdictional change. SECTION 8. The Executive Officer -Clerk of the Board of Supervisors is hereby ordered and directed to file a certified copy of this Joint Resolution with the County Auditor - Controller. SECTION 9. The City Council hereby rescinds Resolution No. 97-125. PASSED, APPROVED AND ADOPTED this _ day of 19_. MOOM 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. 98-25 February 24, 1998 - Page 3 The foregoing Joint Resolution No. 98-25 was adopted by the Board of Supervisors of the County of Los Angeles, State of California, on the day of '199 APPROVED AS TO FORM: DeWITT W. CLINTON County Counsel By Deputy DMK:lkl:vjj oou<,61\.,d.a.002 COUNTY OF LOS ANGELES 0 Chairman, Board of Supervisors ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors County of Los Angeles Un RESOLUTION NO. 98-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA REQUESTING DETACHMENT OF COUNTY LIGHTING DISTRICT LLA -1, SANTA CLARITA ZONE WHEREAS, County Lighting District LLA -1, Santa Clarita Zone, was formed by and under the jurisdiction of the Board of Supervisors of the County of Los Angeles under and pursuant to the provisions of Part 2, Division 15 of the California Streets and Highways Code; WHEREAS, County Lighting District LLA -1, Santa Clarita Zone, is contained entirely within the boundaries of the City of Santa Clarita; and WHEREAS, Section 22605 of Part 2, Division 15 of the California Streets and Highways Code provides that the Board of Supervisors of the County of Los Angeles may order the detachment of territory from an existing assessment district formed under Part 2, Division 15 of the California Streets and Highways Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby requests the Board of Supervisors of the County of Los Angeles to order the detachment of County Lighting District LLA -1, Santa Clarita Zone, from the remainder of the County Lighting District LLA -1 pursuant to Section 22605 of Part 2, Division 15 of the California Streets and Highways Code. SECTION 2. The City Council authorizes the Mayor and/or the City Engineer to accept the transfer on behalf of the City and the City Engineer to execute all documents necessary to complete the transfer. SECTION 3. The City Council hereby rescinds Resolution No. 97-123. PASSED, APPROVEDANDADOPTED this—day of—, 19L--. ATTEST: CITY CLERK RESOLUTION NO. 98-23 February 24, 1998 - Page 2 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 n-- by 9_by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK DMK:lkl co„.d�.cl.a.00a