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HomeMy WebLinkAbout2013-01-08 - AGENDA REPORTS - LMD ZONE TRANSFERS FROM LACO (2)Agenda Item: 5 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: - Item to be presented by: Kevin Tonoian DATE: January 8, 2013 SUBJECT: RESOLUTIONS TRANSFERRING LANDSCAPE MAINTENANCE DISTRICT (LMD) ADMINISTRATION AND MAINTENANCE RESPONSIBILITIES FOR LMD ZONE T -20 -(EL —DORADO VILLAGE); ZONE T=44 -(BOUQUET CANYON), -ZONE T -48 -(SHADOW HIL -L -S), ZONE -T=62 -(CANYON HEIGHTS); ZONE-T=67-(MIRAMONTES),-ZONE T=71-(HASKELL-CANYON FAN(--'H)—,-ANL) ZONE T-72 (COPPER HILL TWENTY-TWO) FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council adopt seven resolutions transferring Landscape Maintenance District (LMD) administration and maintenance responsibilities for LMD Zone T-20 (El Dorado Village), Zone T-44 (Bouquet Canyon), Zone T-48 (Shadow Hills), Zone T-62 (Canyon Heights), Zone T-67 (Miramontes), Zone T-71 (Haskell Canyon Ranch), and Zone T-72 (Copper Hill Twenty -Two) from the County of Los Angeles to the City of Santa Clarita. BACKGROUND On August 23, 2011, the City Council adopted Resolution No. 11-73, initiating annexation proceedings for the North Copper Hill annexation with the Local Agency Formation Commission (LAFCO). Annexation Application No. 2011-22 was submitted to LAFCO for consideration on October 25, 2011. Seven Landscape Maintenance District (LMD) zones are within the boundary of Annexation No. 2011-20. The zones are: T-20 (EI Dorado Village), T-44 (Bouquet Canyon), T-48 (Shadow Hills), T-62 (Canyon Heights), T-67 (Miramontes), T-71 (Haskell Canyon Ranch), and T-72 (Copper Hill Twenty -Two). Ad0PjC-r.;': 13.o3i 13-o4, On June 26, 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 the same Joint Resolution at their Board meeting of July 10, 2012. LAFCO approved Annexation 2011-22 on October 24, 2012, and a public hearing was held on November 28, 2012. Annexation 2011-22 was complete on November 29, 2012, when the annexation was recorded with the State of California. Landscaping and maintenance services for all seven LMD zones are 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 North Copper Hill LMD Zones pursuant to Section 22612 of the State Streets and Highways Code. This action is accomplished through the adoption of the attached joint resolutions. The effective date of the transfers will be on April 1, 2013, or a different date mutually agreed to in writing by the City and the County. Based on the approved County of Los Angeles Fiscal Year 2012-13 LMD Combined Engineer's Reports, the total proposed levy amounts for Zones T-20, T-44, T-48, T-62, T-67, T-71, and T-72 respectively are: $188,400, $90,600, $47,775, $130,800, $79,800, $100,788, and $17,600. The City of Santa Clarita expects to commence responsibility for levying the seven LMD zones beginning in Fiscal Year 2013-14. Consistent with the provisions of the Joint Resolutions, sixty percent (60%) of the total fund balance of each of the LMD zones will transfer to the City within 90 days following the formal transfer of the LMD Zones to Santa Clarita. The initial transfer of the fund balances will occur prior to the end of Fiscal Year 2012-13. The remaining fund balances for each of the seven 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 the seven LMD Zones prior to April 1, 2013. 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 revenues from each zone are sufficient to support the ongoing maintenance at existing levels of service provided to LMD Zones T-20, T-44, T-48, T-62, T-67, T-71, and T-72 and will be transferred from Los Angeles County to the City prior to the completion of the process. Operational budgets to manage each of the seven new LMD zones through the remainder of Fiscal Year 2012-13 was anticipated and included for appropriation as part of the Mid -Year Budget action taken by the City Council at their December 11, 2012 regular meeting. —Z — ATTACHMENTS Resolution - Zone 20 - El Dorado Village Resolution - Zone 44 - Bouquet Canyon Resolution - Zone 48 - Shadow Hills Resolution - Zone 62 - Canyon Heights Resolution - Zone 67 - Miramontes Resolution - Zone 71 - Haskell Canyon Ranch Resolution - Zone 72 - Copperhill -3- 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. 20 EL DORADO VILLAGE; 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. 20 El Dorado Village, ("Zone No. 20"), 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. 20 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. 20: account # 026.70 (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. 20; and WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 20 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. 20 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. 20 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. 20 El Dorado Village, 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. 20 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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. 20. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 20. 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. 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 20'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 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. 20 to be transferred herein. The City, as governing body and administrator of Zone No. 20 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. 20, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 20. 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. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2013. MAYOR ATTEST: INTERIM CITY CLERK m —6— STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim 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 8th day of January 2013, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, Boydston; McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 20 EL DORADO VILLAGE The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12013. SACHI A. HAMM, Executive Officer - Clerk of the Board of.Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM JOHN F. KRATTLI COUNTY COUNSEL �1 By:\ � CJ - Principal Deputy County Counsel Chairman, 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 Chairperson of the Board on all papers, documents, or instruments requiring the said signature. The undersigned hereby certifies that on this day of 2013, 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 COUNTY COUNSEL By:��v).Sejkf 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. 2, ZONE NO. 62 CANYON HEIGHTS; 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. 62 Canyon Heights, ("Zone No. 62"), 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. 62 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. 62: account # 027.05 (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. 62; and WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 62 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. 62 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. 62 from the County to the City; and — /0— 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. 62 Canyon Heights, 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. 62 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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. 62. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 62. 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. 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 62'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 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. 62 to be transferred herein. The City, as governing body and administrator of Zone No. 62 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. 62, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 62. 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. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2013. MAYOR ATTEST: INTERIM CITY CLERK I� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CPfY OF SANTA CLARTTA) I, Armine Chaparyan, Interim 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 8th day of January 2013, by the following vote: AYES: . COUNCILMEMBERS: Ferry, Weste, Boydston, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 62 CANYON HEIGHTS. APPROVED AS TO FORM JOHN F. KRATTLI COUNTY COUNSEL Principal Deputy County Counsel Chairman, 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 Chairperson of the Board on all papers, documents, or instruments requiring the said signature. The undersigned hereby certifies that on this day of , 2013, 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 C Deputy Approved as to Form: JOHN F. KRATTLI COUNTY COUNSEL By: \ o.— J e-` s- - Principal Deputy County Counsel RESOLUTION NO. JOINTRESOLUTION OF THE BOARD OF SUPERVISORS OF "fHE 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. 44 BOUQUET CANYON; 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. 44 Bouquet Canyon, ("Zone No. 44"), 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. 44 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. 44: account # 036.83 (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. 44; and WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 44 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. 44 on behalf of the City and has authorized — /S — the City Manager or his designee to execute all documents necessary to complete the transfer of Zone No. 44 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. 44 Bouquet Canyon, 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. 44 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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. 44. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 44. 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. 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 44'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 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. 44 to be transferred herein. The City, as governing body and administrator of Zone No. 44 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. 44, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 44. 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. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2013. MAYOR ATTEST: INTERIM CITY CLERK No - I7- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim 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 8th day of January 2013, by the following vote: AYES: . COUNCILMEMBERS: Ferry; Weste, Boydston, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 44 BOUQUET CANYON. 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. 44 BOUQUET CANYON. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12013. 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 Ao4ffl'Eg�C��O—UNTY COUNSEL / By: l�C/ o' Jai Jsw& - Principal Deputy County Counsel Chairman, Board of Supervisors �z 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 Govern ment.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 2013, 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 am Deputy Approved as to Form: JOHN F. KRATTLI COUNTY COUNSEL By: � &js-7 (1(,` Principal Deputy County Counsel —2—o— 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. 48 SHADOW HILLS; 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. 48 Shadow Hills, ("Zone No. 48"), 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. 48 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. 48: account # 026.98 (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. 48; ME WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 48 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. 48 on behalf of the City and has authorized — Z/— the City Manager or his designee to execute all documents necessary to complete the transfer of Zone No. 48 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. 48 Shadow Hills, 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. 48 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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. 48. Beginning Fiscal Year 4813-4814 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 48. 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. 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 48'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 -22- 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 finds 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 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. 48 to be transferred herein. The City, as governing body and administrator of Zone No. 48 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. 48, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 48. 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. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2013. MAYOR ATTEST: INTERIM CITY CLERK m -Z3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim 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 8th day of January 2013, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, Boydston, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 48 SHADOW HILLS. 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. 48 SHADOW HILLS. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12013. 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 COUNTY COUNSEL /� By: T, yd%L Principal Deputy County Counsel Chairman, Board of Supervisors On January 6, 1987, the Board of Supervisors for the County of Los Angeles and cx 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 2013, 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 COUNTY COUNSEL By: Principal Deputy County Counsel —2-&— 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. 67 MIRAMONTES; 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. 67 Miramontes, ("Zone No. 67'), 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. 67 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. 67: account # 027.10 (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. 67; and WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 67 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. 67 on behalf of the City and has authorized _Z7 the City Manager or his designee to execute all documents necessary to complete the transfer of Zone No. 67 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. 67 Miramontes, 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. 67 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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. 67. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 67. 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. 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 67'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 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. 67 to be transferred herein. The City, as governing body and administrator of Zone No. 67 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. 67, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 67. 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. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2013 MAYOR ATTEST: INTERIM CITY CLERK DATE: -2-9- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLAIUI-A) I, Armine Chaparyan, Interim 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 8th day of January 2013, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, Boydston, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 67 MIRAMONTES. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12013. SACHI A. HAMAI, . Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles By: Deputy APPROVED AS TO FORM JOHN F. KRATTLI COUNY C�OUNSEL C U `l/` By: �_ /l � da - Principal Deputy County Counsel :A Chairman, Board of Supervisors -3i- 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 2013, 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 COUNTY COUNSEL By: Principal Deputy County Counsel _32- 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. 71 HASKELL CANYON RANCH; 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. 71 Haskell Canyon Ranch, ("Zone No. 71"), 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. 71 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. 71: account # 027.14 (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. 71; nIT4I 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 contact term up to two (2) additional one (1) year periods: and -33- 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. 71 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. 71 on behalf of the City and has authorized the City Manager or his designee to execute all documents necessary to complete the e transfer of Zone No. 71 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. 71 Haskell Canyon Ranch, 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. 71 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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 71. SECTION 4. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 71. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 71. 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. 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 71'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. 71 to be transferred herein. The City, as governing body and administrator of Zone No. 71 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. 71, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 71. 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. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. -3j-- PASSED, APPROVED, AND ADOPTED this day of 2013. MAYOR ATTEST: INTERIM CITY CLERK Affluil -36- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim 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 8th day of January 2013, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, Boydston, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 71 HASKELL CANYON RANCH. 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. 71 HASKELL CANYON RANCH. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 12013. SACHI A. HAMAI, Executive Officer - Clerk of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM JOHN F. KRAT�TLII COUNTBy: Principal Deputy County Counsel C Chairman, Board of Supervisors -3e- 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 2013, 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 COUNTY COUNSEL Principal Deputy County Counsel -39 - 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. 72 COPPERHILL 22; 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. 72 Copperhill 22, ("Zone No. 72"), 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. 72 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. 72: account # 027.15 (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. 72; 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 WHEREAS, the County and the City consent to the transfer of jurisdiction over Zone No. 72 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. 72 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. 72 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. 72 Copperhill 22, 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. 72 from the County to the City. SECTION 2. That the transfer shall take effect on the latter of a) April 1, 2013; 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 ofjurisdiction 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 contact that relates to only Zone 72. SECTION 4. During Fiscal Year 2012-2013 only, the County shall continue to levy and receive all Assessment Proceeds relating to Zone No. 72. Beginning Fiscal Year 2013-2014 and thereafter, the City shall levy and receive all Assessment Proceeds relating to Zone No. 72. 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. 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 Piscal Year 2012-2013 which have been received to date, less any invoices to be paid by the County from these funds and less Zone 72'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. 72 to be transferred herein. The City, as governing body and administrator of Zone No. 72 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. 72, or damage to applicable homeowner association and City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 72. 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. — L/ a.- — SECTION 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2013. MAYOR ATTEST: INTERIM CITY CLERK I. -y3 - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, interim 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 81h day of January 2013, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, Boydston, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None INTERIM 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.2, ZONE NO. 72 COPPERHILL. 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. 72 COPPERHILL 22. The foregoing Joint Resolution No. was passed by the Board of Supervisors of the County of Los Angeles, State of California on 2013. 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 COUNTY COUN L By: r S f d Principal Deputy County Counsel Chairman, Board of Supervisors —yS'— 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 2013, 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 IM Deputy Approved as to Form: JOHN F. KRATTLI COUNTY COUNSEL By: (i `L a Stil �fl d C� Principal Deputy County Counsel _q/ ' —