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SUPPLEMENTAL JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA APPROVING AND ACCEPTING THE TRANSFER
OF JURISDICTION AND THE NEGOTIATED EXCHANGE OF BENEFIT
ASSESSMENT PROCEEDS FOR LANDSCAPE AND LIGHTING ACT (LLA) DISTRICT NO. 4, ZONE 76 TESORO ADOBE PARK THAT IS SITUATED WITHIN
THE TERRITORIAL BOUNDARIES OF THE ANNEXATION KNOWN AS
REORGANIZATION 2020-01 FROM THE COUNTY OF LOS ANGELES TO THE CITY
OF SANTA CLARITA, WITHDRAWAL FROM COUNTY LIGHTING MAINTENANCE DISTRICT 1687, EXCLUSION FROM COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT-1, UNINCORPORATED ZONE, AND CLARIFYING
RESPONSIBILITIES REGARDING DRAINAGE BENEFIT ASSESSMENT AREA NO. 35
WHEREAS, the City of Santa Clarita (City) initiated proceedings with the Local Agency Formation Commission for the Los Angeles County (LAFCO) for the annexation of territory identified as Reorganization 2020-01 (Reorganization 2020-01) to the City; and
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, the territory proposed for annexation to the City in Reorganization 2020-01 consists of Parcel 1 & 2 with approximately 1,786± acres of inhabited territory, and the territory proposed for annexation to the Greater Los Angeles County Vector Control District consists of Parcel 1 with approximately 1609± acres. The affected territory is generally located north of the intersection of Copper Hill Drive and Avenida Rancho Tesoro; and
WHEREAS, Landscape and Lighting Act (LLA) District No. 4, Zone 76 Tesoro Adobe Park (Zone No. 76), currently within the jurisdiction of Los Angeles County (hereinafter referred to as the County), is located within the boundaries of the territory proposed for annexation by Reorganization 2020-01 from the County to the City; and WHEREAS, the County affirms that Zone No. 76 receives funding through a special benefit assessment levy established by the Board of Supervisors of the County of Los Angeles, and collected by the County Tax Collector, and that this benefit assessment benefits only Zone No. 76 (Special Assessment); 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 for Zone No. 76: Fund P31 (Account); and
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WHEREAS, the Account includes unspent Assessment Proceeds from prior fiscal years, unspent Assessment Proceeds from current fiscal year, and in future may also include additional Assessment Proceeds from prior, current, or future fiscal years; and
WHEREAS, the Assessment Proceeds and funds within the Account can only be used within Zone No. 76; and
WHEREAS, the County and City consent to the transfer of jurisdiction over Zone No. 76 located within the territorial boundaries of the annexation known as Reorganization 2020-01 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 and property tax revenue to be exchanged between the affected agencies and approve and accept the negotiated exchange of Assessment Proceeds and property tax revenue by resolution, but if the affected agency is a special district, the Board of Supervisors must negotiate on behalf of the district; and
WHEREAS, the area is located within the boundaries of County Lighting Maintenance District 1687; and
WHEREAS, the City hereby agrees to the withdrawal of the proposed annexation territory from County Lighting Maintenance District 1687 and annexed to Santa Clarita Streetlight Maintenance District No. 1; and
WHEREAS, upon annexation of the proposed area to the City, the territory shall be withdrawn from County Lighting Maintenance District 1687 and annexed to Santa Clarita Streetlight District No. 1; and
WHEREAS, the annexation area is also located within County Lighting District Landscaping and Lighting Act-1 (County Lighting District LLA-1), Unincorporated Zone; and
WHEREAS, pursuant to Section 22613 of the California Streets and Highways Code, whenever any territory of a landscaping or lighting district is included within a city by annexation or incorporation, that territory is thereby excluded from the assessment district; and
WHEREAS, upon annexation of the proposed area to the City, the territory will be automatically excluded from County Lighting District LLA-1; and WHEREAS, the area proposed for annexation includes a proposed benefit assessment area to be formed pursuant to the Benefit Assessment Act of 1982 (California Government Code Sections 54703 et seq.), to be known as Drainage Benefit Assessment Area (DBAA) No. 35; and
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WHEREAS, DBAA No. 35 is proposed to be established for the purpose of collecting annual assessments from parcels located in DBAA No. 35 to pay for the operation and maintenance of drainage improvements consisting of biofiltration basins and associated access roads, vegetated swales, proprietary Modular Wetland Systems, and associated low flow conveyance piping, as more particularly described in the "DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 35 ENGINEER’S REPORT, TESORO DEL VALLE MASTER PLAN PROJECT TRACT NO. 51644-1" (Drainage Improvements), serving the parcels in DBAA No. 35; and
WHEREAS, construction of the Drainage Improvements has not been completed as of the date of this supplemental resolution, but their completion is required pursuant to a subdivision improvement agreement and secured by performance bonds; and WHEREAS, this resolution is intended to supplement a resolution previously approved by the City, entitled "Joint Resolution Of The Board Of Supervisors, As The Governing Body Of The County Of Los Angeles, The Consolidated Fire Protection District Of Los Angeles County, And The Los Angeles County Flood Control District, And The City Council Of The City Of Santa Clarita, The Board Of Directors Of The Greater Los Angeles County Vector Control District, The Santa Clarita Valley Sanitation District Of Los Angeles County, The Antelope Valley Resource Conservation District, And The Santa Clarita Valley Water Agency, Approving And Accepting The Negotiated Exchange Of Property Tax Revenue Resulting From The Annexation Of Territory Known As Reorganization 2020-01 (Tesoro Del Valle) To The City Of Santa Clarita, Detachment From County Road District No. 5, And Withdrawal From The Los Angeles County Library, And Transfer Between The City And The County Of Certain Improvements, Facilities, Assessments, And Other Related Items" (Joint Resolution); and
WHEREAS, the Board of Supervisors of the County of Los Angeles, as governing body of LLA District No. 4, Zone 76, the County Lighting Maintenance District 1687, and County Lighting District LLA-1, Unincorporated Zone, and the City Council of the City of Santa Clarita, have determined the amount of property tax revenue and assessment proceeds to be exchanged between their respective agencies as a result of the annexation of the unincorporated territory identified as Reorganization 2020-01, the transfer of LLA District No. 4, Zone 76 to the City, withdrawal from County Lighting Maintenance District 1687, annexation to Santa Clarita Streetlight Maintenance District No. 1, and exclusion from County Lighting District LLA-1, Unincorporated Zone, is as set forth below:
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Upon the effective date of Reorganization 2020-01 (Effective Date), the County and the City agree to transfer jurisdiction over Zone No. 76 from the County to the City.
SECTION 2. During each Fiscal Year up to and including the Effective Date, the County shall continue to levy the Special Assessment and receive all Assessment HOA.103771794.2 4
Proceeds related to Zone No. 76. For the fiscal year commencing on the July 1 immediately after the Effective Date, and each fiscal year thereafter, the City shall levy the Special Assessment and receive all Assessment Proceeds relating to Zone 76.
SECTION 3. From and after the Effective Date, the City shall be responsible for the administration of Santa Clarita LLA Zone No. 76, or whatever designation that the City assigns to this Zone, including the collection of the annual assessments as described in Section 2 above. To the extent that Assessment Proceeds are remitted to the County after the Effective Date, the County shall deposit them in the Account and transfer such funds to the City in accordance with the schedule set forth in Section 4 of this supplemental resolution.
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 one hundred twenty (120) days after the Effective Date, 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 transfer shall constitute the final installment of the funds in the Account. This amount will include all prior unspent funds, including any Assessment Proceeds for Fiscal Year 2021-22, Fiscal Year 2022-23, and all subsequent fiscal years (if any), which have been received to date, less any invoices to be paid by the County from these funds and less Zone 76'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 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 installment of the balance of the funds in the Account there are 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. 76 to be transferred herein. The City as governing body and administrator of Zone HOA.103771794.2 5
No. 76 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 compensation suits, liability or expense, damage to Zone No. 76, or damage to applicable homeowner association and the City property and equipment, arising from landscape services performed on behalf of the City for Zone No. 76.
SECTION 6. The City agrees that it will bear the full responsibility for the street lighting and lighting maintenance services in the proposed annexation area upon the withdrawal of the annexation territory from County Lighting Maintenance District 1687 and exclusion of the territory from County Lighting District LLA-1, Unincorporated Zone.
SECTION 7. For the fiscal year commencing in the year after the filing of the statement of boundary change for Reorganization 2020-01 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the tax-sharing ratio received by County Lighting Maintenance District 1687 attributable to Reorganization 2020-01 in the annexation area shall be reduced to zero.
SECTION 8. If DBAA No. 35 is established prior to the effective date of Reorganization 2020-01, the City agrees that upon completion of the Drainage Improvements, as evidenced by written notice from the County, the City will take ownership of and responsibility for the operation and maintenance of the Drainage Improvements. The provisions of this paragraph supersede any inconsistent provisions in regard to DBAA No. 35 in the Joint Resolution.
SECTION 9. If DBAA No. 35 is established prior to the effective date of Reorganization 2020-01, for the first fiscal year commencing after the completion of the Drainage Improvements, as evidenced by written notice from the County, and every fiscal year thereafter, the City shall be responsible for the administration of DBAA No. 35, including the collection of the annual assessments. The provisions of this paragraph supersede any inconsistent provisions in regard to DBAA No. 35 in the Joint Resolution.
SECTION 10. If DBAA No. 35 is not established prior to the effective date of Reorganization 2020-01, the City will be responsible for the establishment and administration of DBAA No. 35. The provisions of this paragraph supersede any inconsistent provisions in regard to DBAA No. 35 in the Joint Resolution.
SECTION 11. As set forth in this supplemental resolution, the negotiated exchange of property tax revenue and assessment proceeds between the County and the City, resulting from Reorganization 2020-01 is approved and accepted.
SECTION 12. The County and City each agree to take such further actions as necessary to effectuate and implement the terms of this supplemental resolution in good faith.
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The foregoing resolution was on the _______day of __________________________, 2022 , adopted by the Board of Supervisors of 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.
CELIA ZAVALA, Executive Officer
Clerk of the Board of Supervisors
of the County of Los Angeles
By _________________________
Deputy
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By_____________________________
Deputy
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(Signed in Counterpart)
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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 2022 by the following vote:
AYES: ABSENT:
NOES: ABSTAIN:
________________________________
Mayor
City of Santa Clarita, California
ATTEST:
_________________________________
City Clerk
City of Santa Clarita
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(Signed in Counterpart)