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Home My WebLink About2013-01-08 - RESOLUTIONS - LMD TRSFR SHADOW HILLS (2)' RESOLUTION NO. 13-03 JOINTRESOLUTION 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 TI -1E 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 4 026.98 (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; and 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 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 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 Comity 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 8th day of ,Tan 2013. ATTEST: -&O/� IN RIM TY dLERK DATE: 1 - z,L 13 STATE OF CALIFORNIA ) COUNTY,OF LOS ANGELES ) ss. CITY OF SANTA CL,ARITA) 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 IN RIM TY C14ERK 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 Clarila TRANSFER JURISDICTION OVER AND APPROVING AND ACCEPTING ]'HE NEGOTIATED EXCHANGE OF BENEFIT ASSESSMENT PROCEEDS FOR LANDSCAPE. AND LIGHTING ACT DISTRICT (LLA) NO. 2, ZONE NO. 43 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. I-IAMAI, 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: �-Wvda- 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 ME Deputy Approved as to Form: JOHN F. KRATTLI COUNTY COUNSEL By: LXl k Principal Deputy County Counsel