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HomeMy WebLinkAbout2007-01-09 - RESOLUTIONS - LACO CITY RESO LLA2 STONECREST (2)RESOLUTION NO. 07-5 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF SANTA CLARITA TO TRANSFER JURISDICTION OVER AND APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF BENEFIT ASSESSMENT PROCEEDS FOR LANDSCAPE AND LIGHTING ACT DISTRICT (LLA) NO. 2, ZONE NO. 52 STONECREST; 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 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, District No. 2, Zone No. 52 Stonecrest, ("Zone No. 52"), currently within the jurisdiction of the County of Los Angeles ("County"), is entirely 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. 52 is a 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 used for Zone No. 52: account # 027.02 ("the Account"); and WHEREAS, the Account includes unspent Assessment Proceeds from prior fiscal years, unspent Assessment Proceeds from the current fiscal year, and in the 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. 52; and WHEREAS, on February 17, 2004 the County entered into an agreement number 74757 entitled, "CONTRACT BY AND BETWEEN COUNTY OF LOS ANGELES AND AMERICAN LANDSCAPE MAINTENANCE FOR LANDSCAPE MAINTENANCE SERVICES FOR THE NORTHEAST COUNTY AREA ZONES (ZONE NUMBERS 26, 33, 52, AND 65)" (the "Contract") which, unless renewed, will expire on or about February 17, 2007; and WHEREAS, the County represents that the Contract is in full force and effect, that County is unaware of the cancellation of any insurance policy held by the contractor, and that, to the best of County's knowledge, there has been no material breach of the Contract; and WHEREAS, the County and the City consent to the transfer of jurisdiction over the portion of Zone No. 52 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. 52 on behalf of the City and has authorized the City Manager or designee to execute all documents necessary to complete the transfer of Zone No. 52 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 a special district, the Board of Supervisors must negotiate on behalf of the district. NOW, THEREFORE, the Board of Supervisors of the County of Los Angeles 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. 52 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of (a) the date the County formally approves the transfer; or (b) February 16, 2007 (or a different date mutually agreed to in writing by the parties) (the "Effective Date"). SECTION 3. If the Effective Date of the transfer of jurisdiction from County to City precedes the expiration date of the Contract, on the Effective Date of the transfer of jurisdiction, the County shall transfer to City, and City shall accept and assume, all benefits and burdens under the Contract with regards only to Zone 52 but not Zones 26, 33 and 65. In no event shall City terminate the Contract prior to the Effective Date, except as permitted by the Contract. SECTION 4. Beginning on the Effective Date, the City shall levy and receive all Assessment Proceeds relating to Zone No. 52. SECTION 5. The County shall provide to 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 February 16, 2007 the County shall transfer to the City all amounts in the Account at that time. This amount will include all prior unspent funds, including any Assessment Proceeds for Fiscal Year 2005-2006 which have been received to date, less any invoices to be paid by County from these funds and less Zone 52's pro -rata share of administrative expenses, if any. Copies of any invoices paid by County from these funds shall be 2 t - provided to City upon request. The County and City may amend the amount of payment and/or the date of payment pursuant to written agreement. b. On or about May 15, 2007 the County shall transfer to the City all remaining funds in the Account, including any Assessment Proceeds for Fiscal Year 2005-2006 which have been received to date, less any invoices to be paid by County from these funds and less Zone 52's pro -rata share of administrative expenses, if any. Copies of any invoices paid by County from these funds shall be provided to City upon request. C. If for any reason after May 15, 2007, there are any Assessment Proceeds or other funds in the Account, County shall forward those Assessment Proceeds or funds in the Account to the City within 30 days of County's knowledge of those Assessment Proceeds or funds. ` 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 Zone No. 52 to be transferred herein. The County further represents that the County and Zone No. 52 currently are named additional insureds in the Contract and that they will continue to be so until the termination of the Contract. The City agrees that Zone No. 52 and the County will continue to be named as additional insureds in these and future such landscape maintenance contracts for Zone No. 52. The City, as governing body and administrators of Zone No. 52 agrees to indemnify, defend, and save 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's compensation suits, liability or expense, damage to Zone No. 52, or damage to applicable homeowner association and City property and equipment, arising from landscape or lighting services performed on behalf of the City for Zone No. 52. SECTION 7. 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 9th day of January, 2007. ATTEST: CITY CLERK 3 /a rm— / norlykei STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) 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 9th day of January, 2007, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Ferry, Weste, Kellar, Boydston, McLean None None CITY CLERK The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 2007. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM RAYMOND G. FORTNER JR. COUNTY COUNSEL Un Principal Deputy County Counsel Wi Mayor, Board of Supervisors On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code which authorized the use of facsimile signatures of the Mayor of the Board on all papers, documents, or instruments requiring the Mayor's signature. The undersigned hereby certifies that on this day of 2007, the facsimile signature of , Mayor of the Board of the Supervisors of the County of Los Angeles was affixed hereto as the official execution of this document. The undersigned further certifies that on this date, a copy of the document was delivered to the Mayor of the Board of Supervisors of the County of Los Angeles. In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles UZ Deputy 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 07-5, adopted by the City Council of the City of Santa Clarita, California on January`9, 2007, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk