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Home My WebLink About2012-04-24 - RESOLUTIONS - LA COUNTY ASSMT LLA 4 ZONE 65B (2)RESOLUTION NO. 12-12 1 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. 6511"), 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 Count), 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 a-fici-theCity consent to thetransfu 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 Count . y 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-f6r Fiscal- Y&—ar 2011-2012-dnd-Fi�c—d]-Y&�fr-2012--2013- whicl�-havc- Beim rec-eived-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 I I I I 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 24th day of April, 2012 By the following vote: AYES: McLean, Weste, Kellar, Boydston, Ferry ---------- NOES: None 9 ABSENT: None - --------- ABSTAIN: None ATTEST: CITY CLERK CITY OF SANTA CLARITA m I I I 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. I was passed by the Board of Supervisors of the County of Los Angeles, State of California on Oc�b�oc�r I V , 2012. SACHI A. HAMAJ, Executive Officer - Clerk of the Board of Supervisors of the Pounty of Los Angeles By-L� Deputy APPROVED AS TO FORM JOHN KRATTLI CO T SEL Principal Deputy County Counsel I By 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 (04" day of 0C-4t)yX-,"— , 4014, the facsimile signature ofZV YARIMLAVSKY -, 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 Boar f h C f Los Angeles By - I Approved as to Form: JOHN KRATTLI COUNTY COUNSEL BY: Deputy 0