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HomeMy WebLinkAbout2012-04-24 - AGENDA REPORTS - LMD ZONES T 65B T51 TRANSFER (2)Agenda 'Item: 11 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval Item to be presented by: Dennis Luppens DATE: April 24, 2012 SUBJECT: JOINT RESOLUTION BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF SANTA CLARITA TO TRANSFER LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONES T -65B AND T-51 FROM THE COUNTY OF LOS ANGELES TO THE CITY DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council adopt the attached resolutions transferring Landscape Maintenance District (LMD) administration and maintenance responsibilities for LMD Zone T -65B and Zone T-51 from the County of Los Angeles to the City of Santa Clarita. BACKGROUND On October 12, 2010, the City Council adopted Resolution No. 10-83, initiating annexation proceedings for the Copperstone Annexation with the Local Agency Formation Commission (LAFCO). This application was submitted to LAFCO on January 27, 2011. Subsequently, on' May 10, 2011, the City Council adopted Resolution No. 11-11, initiating annexation proceedings for the Vista Canyon/Fair Oaks/lakes Way Annexation area. This application was submitted to LAFCO on July 28, 2011. On December 13, 2011 and February 24, 2012, the City Council approved and adopted Joint Resolutions between the City and Los Angeles County approving and accepting the negotiated exchange of property tax revenue relating to the .pending annexation of areas currently within the unincorporated portion of Los Angeles County. These areas include Landscape Maintenance District (LMD) Zone T -65B, otherwise known as Fair Oaks Park and LMD Zone T-51, otherwise known as Copperstone. lop9e�;'�� la-�I Following the Council's action, the Los Angeles County Board of Supervisors took action to approve and adopt the Joint Resolutions described above at their Board meetings of January 31, 2012 (Copperstone) and March 20, 2012 (Fair Oaks). Finally, at their April 11, 2012 meeting, the LAFCO Board held separate public hearings for Annexation No. 2010-10 (Copperstone) and Annexation 2011-20 (Fair Oaks), approved these annexation requests, and set May 14, 2012 as the date of the protest 'hearing for both annexations. Both LMD T -65B and T-51 are administered and maintained via landscape contracts managed by the County of Los Angeles, Department of Parks and Recreation. The City and County have agreed to transfer the LMD pursuant to Section 22612 of the State Streets and Highways Code. This action is accomplished through the adoption of the attached joint resolution and will be completed upon annexation of the territories to the City. Based on the expected timing for completion of this annexation and transfer of these two LMD Zones to the City, the County of Los Angeles will administer the levy of annual assessments for LMD Zones T -65B and T-51 in Fiscal Year 2012/13. The total proposed levy amount for LMD T -65B for Fiscal Year 2012/13 is $119,318, while the total proposed levy amount for LMD T-51 for Fiscal Year 2012/13 is $378,820. Upon finalization of the annexation process, the City of Santa Clarita will assume levy responsibilities for LMD Zones T -65B and T-51 beginning in Fiscal Year 2013/14. Consistent with the provisions of these Joint Resolutions, sixty percent (60%) of the total fund balance of each of these LMD zones will transfer to the City within 90 days, following the formal transfer of this LMD Zone to Santa Clarita. The remaining fund balance for both LMD zones will be transferred to the City via two additional disbursements in six-month intervals. The phasing of the transfer of fund balance will allow Los Angeles County to satisfy any outstanding invoices incurred for the maintenance of LMD Zones T -65B and T-51 prior to July 1, 2012. Disbursement of the transfer over a one-year period also allows Los Angeles County to take receipt and process assessments levied during Fiscal Year 2012/13. ALTERNATIVE ACTIONS Other actions as directed by the City Council. FISCAL IMPACT No impact to the General Fund. One-time and ongoing Landscape Maintenance District to support ongoing maintenance of LMD Zones T -65B and T-51 will be transferred from Los Angeles County to the City as a result of this action. ATTACHMENTS Resolution - Copperstone Resolution - Fair Oaks Park 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. 51 VALENCIA HIGH SCHOOL; 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, Landscape and Lighting Act (LLA) District No. 2, Zone No. 51 Valencia High School, ("Zone No. 51"), currently within the jurisdiction of the County of Los Angeles (the "County"), is 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. 51 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. 51: account # 025.53 (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. 51; and WHEREAS, on September 29, 2009 the County entered into an agreement number 76080 for landscape maintenance services for the Tesoro Del Valle area zones (numbers 51, 71, 72, and 74) which set a new contract expiration date of April 30, 2012, with County's sole option to extend the contract term up to two (2) additional one (1) year periods; 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 �3_ WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 51 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. 51 on behalf of the City and has authorized the City Manager or his designee to execute all documents necessary to complete the transfer of Zone No. 51 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 acting as the governing body of LLA District No. 2, Zone No. 51 Valencia High School, 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. 51 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of (a) July 1, 2012; or (b) a different date mutually agreed to in writing by the parties the ("Effective Date"). SECTION 3. Upon the Effective Date of the transfer of jurisdiction from the County to the City, the County shall as provided for in Contract Number 76080 as amended, Terminate for Convenience that portion of the maintenance contract that relates to only Zone 51 but not Zone Nos. 71, 72, and 74. SECTION 4. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 51. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 51. SECTION 5. Upon the Effective Date, the County shall provide to the 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 ninety (90) days after the Effective Date of the transfer, the County shall transfer to the City sixty (60) percent of the amount in the Account at that time. This transfer shall constitute the first installment of the funds in the Account. b. On or about one hundred eighty (180) days after the payment of the first installment of the funds in the Account to the City, the County shall transfer to the City eighty 2 — .4/— (80) percent of the remaining funds in the .Account. This transfer shall constitute the second installment of the funds in the Account. C. On or about one hundred eighty (180) days after the second installment of the funds in the Account to the City, the County shall transfer to the City all outstanding funds in the Account. This amount will include all prior unspent funds, including any Assessment Proceeds for Fiscal Year 2011-2012 and Fiscal Year 2012-2013 which have been received to date, less any invoices to be paid by the County from these funds and less Zone 51's pro -rata share of administrative expenses, if any. Copies of any invoices paid by the County from these funds shall be provided to the City upon request. The County and the City may amend the amount of payment and/or the date of payment pursuant to written agreement. d. If for any reason after the final payment of the balance of the funds in the Account there are any Assessment Proceeds or other funds in the Account, the County shall forward those Assessment Proceeds or funds in the Account to the City within 60 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. 51 to be transferred herein. The City, as governing body and administrator of Zone No. 51 shall provide landscape maintenance services and agrees to indemnify, defend, and hold 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. 51, or damage to applicable homeowner association and City property and ' equipment, arising from landscape services performed on behalf of the City for Zone No. 51. 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. 3 ._ S_— City of Santa Clarita 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. 51 VALENCIA HIGH SCHOOL. PASSED, APPROVED AND ADOPTED the day of , 2012 By the following vote: AYES: ABSENT: NOES: ATTEST: CITY CLERK CITY OF SANTA CLARITA ABSTAIN: C! MAYOR -- 6- City of Santa Clarita 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. 51 VALENCIA HIGH SCHOOL. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on , 2012. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM JOHN F. KRATTLI Acting COUNTY COUNSEL By: Principal Deputy County Counsel By Chairman, Board of Supervisors 5 —9— 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 Chairperson of the Board on all papers, documents, or instruments requiring the said signature. The undersigned hereby certifies that on this day of 3 2012, the facsimile signature of , Chairman 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 Chairperson 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 Deputy Approved as to Form: JOHN F. KRATTLI ACTING COUNTY COUNSEL Principal Deputy County Counsel 6 —9— STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 12- , adopted by the City Council of the City of Santa Clarita, California on , 2012, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2012. City Clerk Deputy City Clerk 7 meq` RESOLUTION NO. 12 - 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. 4, ZONE NO. 65B FAIR OAKS PARK; 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, Landscape and Lighting Act (LLA) District No. 4, Zone No. 65B Fair Oaks Park, ("Zone No. 6513"), currently within the jurisdiction of the County, of Los Angeles (the "County"), is entirely located within the territorial boundaries of the City of Santa Clarita (the "City"); and WHEREAS, the County affirms that there are two funding sources that benefit Zone No. 65B. Less than one (1) percent is from County General Fund, and more than ninety-nine (99) percent is from 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. 6513: account No. 036.66 (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. 6513; and WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 65B 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. 65B on behalf of the City and has authorized the City Manager or his designee to execute all documents necessary to complete the transfer of Zone No. 65B 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 acting as the governing body of LLA District No. 4, Zone No. 65B Fair Oaks Park, 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. 65B from the County to the City. SECTION 2. That the transfer shall take effect on the latter of (a) July 1, 2012; or (b) a different date mutually agreed to in writing by the parties the ("Effective Date"). SECTION 3. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 65B. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 65B. SECTION 4. Upon the Effective ,Date,. the County shall provide to the 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 ninety (90) days after the Effective Date of the transfer, the County shall transfer to the City sixty (60) percent of the amount in the Account at that time. This transfer shall constitute the first installment of the funds in the Account. b. On or about one hundred eighty (180) days after the payment of the first installment of the funds in the Account to the City, the County shall transfer to the City eighty (80) percent of the remaining funds in the Account. C. On or about one hundred eighty (180) days after the second installment of the funds in the Account to the City, the County shall transfer to the City all outstanding funds in the Account. This amount will include all prior unspent funds, including any Assessment Proceeds for Fiscal Year 2011-2012 and Fiscal Year 2012-2013 which have been received to date, less any invoices to be paid by the County from these funds and less Zone 6513's pro -rata share of administrative expenses, if any. Copies 'of any invoices paid by the County from these funds shall be provided to the City upon request. The County and the City may amend the amount of payment and/or the date of payment pursuant to written agreement. d. If for any reason after the final payment of the balance of the funds in the Account there are any Assessment Proceeds or other funds in the Account, the County shall 2 ��' forward those Assessment Proceeds or funds in the Account to the City within 60 days of County's knowledge of those Assessment Proceeds or funds. SECTION 5. 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. 65B to be transferred herein. The City, as governing body and administrator of Zone No. 65B agrees to indemnify, defend, and hold 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. 65B, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 65B. SECTION 6. 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. City of Santa Clarita TRANSFER JURISDICTION OVER AND APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF BENEFIT ASSESSMENT PROCEEDS FOR'LANDSCAPE AND LIGHTING ACT DISTRICT (LLA) NO. 4, ZONE NO. 65B FAIR OAKS PARK PASSED, APPROVED AND ADOPTED the day of , 2012 By the following vote: AYES: ABSENT: NOES: ABSTAIN: 3 — /L ' MAYOR ATTEST: CITY CLERK CITY OF SANTA CLARITA City of Santa Clarita TRANSFER JURISDICTION OVER AND APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF BENEFIT ASSESSMENT PROCEEDS FOR LANDSCAPE AND LIGHTING ACT DISTRICT (LLA) NO. 4, ZONE NO. 65B FAIR OAKS PARK The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on , 2012. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles 0 Deputy APPROVED AS TO FORM JOHN F. KRATTLI Acting COUNTY COUNSEL IIN Deputy County Counsel .3 Chairman, Board of Supervisors 5 �_ 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 Chairperson of the Board on all papers, documents, or instruments requiring the said signature. The undersigned hereby certifies that on this day of , 2012, the facsimile signature of , Chairman 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 Chairperson 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 :A Deputy Approved as to Form: JOHN F. KRATTLI ACTING COUNTY COUNSEL Deputy 6 — Js-- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 12- , adopted by the City Council of the City of Santa Clarita, California on , 2012, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2012. City Clerk :A Deputy City Clerk 7 —lb _