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HomeMy WebLinkAbout2012-09-25 - AGENDA REPORTS - LMD ZONES TRSFR (2)Agenda Item: 11 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Kevin Tonoian DATE: September 25, 2012 SUBJECT: JOINT RESOLUTION BETWEEN THE COUNTY OF LOS ANGELES (COUNTY) AND THE CITY OF SANTA CLARITA (CITY) TO TRANSFER LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONES T-65 (FAIR OAKS RANCH, PHASE 1), T -65A (FAIR OAKS RANCH, PHASE 11 & 111), AND T-33 (CANYON PARK FROM THE COUNTY OF LOS ANGELES TO THE CITY) DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council adopt resolutions transferring Landscape Maintenance District (LMD) administration and maintenance responsibilities for LMD Zone T-65 (Fair Oaks Ranch, Phase 1), T -65A (Fair Oaks Ranch, Phase II & III) and Zone T-33 (Canyon Park) from the County of Los Angeles to the City of Santa Clarita. BACKGROUND On May 10, 2011, the City Council adopted Resolution No. 11-11, initiating annexation proceedings for the Vista Canyon/Fair Oaks/Jakes Way annexation with the Local Agency Formation Commission (LAFCO). Annexation Application No. 2011-20 was submitted to LAFCO on July 28, 2011. Three Landscape Maintenance District (LMD) zones are within the boundary of Annexation No. 2011-20. The zones are: T-65 (Fair Oaks Ranch Phase 1), T -65A (Fair Oaks Ranch Phases II & IIn, and T-33 (Canyon Park). On February 28, 2012, the City Council approved and adopted a Joint Resolution between the City and Los Angeles County approving and accepting the negotiated exchange of property tax revenue relating to the pending annexation of areas within the unincorporated portion of Los Angeles County. Following the Council's action, the Los Angeles County Board of Supervisors Adopted: Nws \Ic�u , a-cQs, � z -& -1- adopted the same Joint Resolution at their Board meeting of March 12, 2012. LAFCO approved Annexation 2011-20 on June 14, 2012. Annexation 2011-20 was complete on September 11, 2012 when the annexation was recorded with the State. Landscaping and maintenance services for all three LMD zones are currently administered through contracts managed by the County of Los Angeles, Department of Parks and Recreation. The City and County have agreed to transfer administrative and maintenance responsibility for Zones T-65, T -65A, and T-33 to the City pursuant to Section 22612 of the State Streets and Highways Code. This action is accomplished through the adoption of the attached joint resolutions. These transfers will be completed on November 1, 2012, or a different date mutually agreed to in writing by the City and the County. Based on the expected timing for completion of this annexation and transfer of the three LMD zones to the City, the County of Los Angeles took action to levy annual assessments for LMD Zones T-65, T -65A, and T-31 in Fiscal Year 2012-2013. Based on the approved County of Los Angeles LMD Combined Engineers' Report, the total proposed levy amounts for Zones T-65, T -65A, and T-33 are $235,620, $463,302, and $87,675 respectively for Fiscal Year 2012-13. The City of Santa Clarita expects to commence responsibility for levying these three LMD zones beginning Fiscal Year 2013-14. Consistent with the provisions of these Joint Resolutions, sixty percent (60%) of the total fund balance of each of thesd 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 all three LMD zones will be transferred to the City via two additional disbursements in six-month intervals. Phasing the transfer of fund balances will allow Los Angeles County to satisfy any outstanding invoices incurred for the maintenance of LMD Zones T-65, T -65A, and T-33 prior to November 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 FY 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 revenues to support the ongoing maintenance of LMD Zones T-65, T -65A, and T-33 will be transferred from Los Angeles County to the City prior to the completion of this process. ATTACHMENTS Resolution 65 Fair Oaks Resolution 65 A Fair Oaks Resolution 33 Canyon Park RESOLUTION NO. 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. 65 FAIR OAKS RANCH, PHASE 1; 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 44613 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. 65 Fair Oaks Ranch, Phase I, ("Zone No. 65'), 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. 65 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. 65: account # 027.08 (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. 65; and WHEREAS, on January 13, 2009 the County entered into an agreement number 76922 landscape maintenance services for the Northeast County area zones (numbers 26, 33 and 65) which set a new contract expiration date of January 31, 2011, with County's sole option to extend the contract term up to three (3) 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 -3- 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 Zone No. 65 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. 65 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. 65 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. 65 Fair Oaks Ranch, Phase I, 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. 65 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of (a) December 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 76922 as amended, Terminate for Convenience that portion of the maintenance contract that relates to only Zone 65 but not Zone No. 26. SECTION 4. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 65. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 65. r SECTIONS. 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: _y_ 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. 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 65'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. 65 to be transferred herein. The City, as governing body and administrator of Zone No. 65 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. 65, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 65. 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. 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. 65 FAIR OAKS RANCH, PHASE I. PASSED, APPROVED AND ADOPTED the day of By the following vote: AYES: ABSENT: NOES: ATTEST: CITY CLERK CITY OF SANTA CLARITA ABSTAIN: MAYOR 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. , adopted by the City Council of the City of Santa Clarita, California on 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 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. 65 FAIR OAKS RANCH, PHASE I. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12012. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles By: Deputy APPROVED AS TO FORM JOHN KRATTLI CO TY O EL a By:�(% Principal Deputy County Counsel Chairman, Board of Supervisors gyp_ 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. 65 FAIR OAKS RANCH, PHASE 1. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12012, SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM JOHN KRATTLI CO TY COUNSEL By: Principal Deputy County Counsel By Chairman, Board of Supervisors On January b, 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 4014, 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 seat the day and year above written. SACHI A. HAMAI, Executive Officer -Clerk of the Board of Supervisors of the County of Los Angeles 0 Deputy Approved as to Form: JOHN KRATTLI COUNTY COUNSEL By:� l 11 Principal Deputy County Counsel 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 , 4014, 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 By: Deputy Approved as to Form: JOHN KRATTLI COUNTY COUNSEL By:&�—' a"- Principal Deputy County Counsel —//- RESOLUTION NO. 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. 65A FAIR OAKS PHASE II & III; 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. 65A Fair Oaks Ranch Phase H & III, ("Zone No. 65A'), 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. 65A. 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. 65A: account No. 036.63 (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. 65A; and WHEREAS, on December 1, 2011 the County entered into an agreement number 10334 and on April 1, 2012 the County entered into an agreement number 10337 landscape maintenance services for Zone 65A Fair Oaks Ranch Phase II & III which set a new contract expiration date of November 30, 2012, and August 31, 2013, respectively; and —112-- 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 Zone No. 65A 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. 65A 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. 65A 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. 65A Fair Oaks Phase II & III, 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. 65A from the County to the City. SECTION 2. That the transfer shall take effect on the latter of (a) December 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 Numbers 10334 and 10337, Terminate for Convenience the maintenance contract that relates to Zone 65A Fair Oaks Ranch Phase II &III. SECTION 4. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 65A. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 65A. -/3- 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 (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 65A'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. 65A to be transferred herein. The City, as governing body and administrator of Zone No. 65A 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. 65A, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 65A. SECTION 7. The City agrees to the terns of this Joint Resolution as executed by the City Council on the date below. Should any terns 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. 65A FAIR OAKS PHASE II & III PASSED, APPROVED AND ADOPTED the day of 2012 By the following vote: AYES: ABSENT: NOES: ABSTAIN: MAYOR ATTEST: CITY CLERK CITY OF SANTA CLARITA - /S- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION 1, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 12-12, adopted by the City Council of the City of Santa Clarita, California on April 24, 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 HZ Deputy City Clerk 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. 65A FAIR OAKS PHASE II & III 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 KRATTLI COCOUNSEL ay: � 0 / S -e ' -- Deputy County Counsel m Chairman, Board of Supervisors RESOLUTION NO. 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. 33 CANYON 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 44613 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. 33 Canyon Park, ("Zone No. 33"), 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. 33 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. 33: account # 036.88 (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. 33; and WHEREAS, on January 13, 2009 the County entered into an agreement number 76922 landscape maintenance services for the Northeast County area zones (numbers 26, 33, and 65) which set a new contract expiration date of January 31, 2011, with County's sole option to extend the contract term up to three (3) 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 ^2-/- 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 Zone No. 33 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. 33 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. 33 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. 33 Canyon 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. 33 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of (a) December 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 76922 as amended, Terminate for Convenience that portion of the maintenance contract that relates to only Zone 33 but not Zone No.26. SECTION 4. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 33. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 33. 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: —2z— 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. 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 33'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. 33 to be transferred herein. The City, as governing body and administrator of Zone No. 33 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. 33, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 33. 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. -2-3- 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. 33 CANYON PARK. PASSED, APPROVED AND ADOPTED the day of By the following vote: AYES NOES: ATTEST: CITY CLERK CITY OF SANTA CLARITA ABSTAIN: MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 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. , adopted by the City Council of the City of Santa Clarita, California on 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 t- 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. 33 CANYON 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 KRATTLI COUN Y OUNSEL nn By: � SL � a. Principal Deputy County Counsel By Chairman, Board of Supervisors —ZW— 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. 33 CANYON PARK. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of Califomin on 12012. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles LE Deputy APPROVED AS TO FORM JOHN KRATTLI COUNTY COUNSEL %� a By:i�` CS i Principal Deputy County Counsel m Chairman, Board of Supervisors '?7- 7— 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 4014, 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 Un Deputy Approved as to Form: JOHN KRATTLI COUNTY COUNSEL By& - Principal Deputy County Counsel 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 4014, 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 0 Deputy Approved as to Form: JOHN KRATTLI COUNTY COUNSEL By: &&L ' k � Ci Principal Deputy County Counsel