HomeMy WebLinkAbout2020-11-24 - AGENDA REPORTS - CFD 2020-1 COOPER STREET PARKING (2)O
Agenda Item: 6
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CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: November 24, 2020
SUBJECT: FORMATION OF CITY OF SANTA CLARITA COMMUNITY
FACILITIES DISTRICT NO. 2020-1 (COOPER STREET PARKING
STRUCTURE)
DEPARTMENT: Administrative Services
PRESENTER: Carmen Magana
RECOMMENDED ACTION
City Council adopt a resolution declaring its intention to establish the City of Santa Clarita
Community Facilities District No. 2020-1 (Cooper Street Parking Structure) and authorize the
levy of a special tax within said District.
BACKGROUND
In 2016, the City of Santa Clarita (City) formed a community facilities district designated "City
of Santa Clarita Community Facilities District No. 2016-1 (Vista Canyon)" (the "Vista Canyon
CFD"), for the approved Vista Canyon development located at the end of Lost Canyon Road
near Sand Canyon (the "Development"). The Vista Canyon CFD covers only the apartment and
commercial use parcels within the Development.
In February 2020, the Vista Canyon CFD issued its first series of bonds (the "Bonds") secured
by special taxes within the Vista Canyon CFD to fund (i) a public parking facility, the Cooper
Street Parking Structure (the "Parking Structure"), a City -owned public parking garage with 84
dedicated spaces for the adjacent apartment complex and 529 public parking spaces, and (ii) a
portion of the Vista Canyon Transit Center. In October 2020, following final review by the
City's Public Works department, the City purchased the Parking Structure from the master
developer of the Development for $15,000,000 using the proceeds of the Bonds pursuant to the
Funding and Acquisition Agreement approved on April 16, 2016.
Pursuant to the conditions for development, the original intent was for the property owner
association of the Development (the "POA") to pay the cost of operating and maintaining the
Parking Structure. On October 21, the City entered into a Parking Management Services
Agreement with the POA (the "Management Agreement"). In order to maintain the tax-exempt
nature of the Bonds and have the Management Agreement be considered a "qualified
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management contract'' under Internal Revenue Service (IRS) rules, tax counsel for the City's
bond counsel required the formation of a new community facilities district and the imposition of
a services special tax to pay the Manager under the Management Agreement and other costs
associated with the operation and maintenance of the Parking Structure.
In accordance with the Management Agreement, a CFD is proposed to be established for the
purpose of funding the operation and maintenance of the Parking Structure. A petition to form
the CFD has been received from the landowner of the 0.43-acre POA parcel adjacent to the
Parking Structure (which is exempt under the Vista Canyon CFD). Under the Rate and Method
of Apportionment (RMA), the POA parcel will be subject to the special tax based on the
management budget for the Parking Structure. The special tax will be levied annually by the City
pursuant to the RMA and used to pay for the operation and maintenance of the Parking Structure.
The formal Council approval process to create a new CFD takes approximately 75 days. This
process includes adopting a resolution of intention to form the CFD (ROI), holding a public
hearing (at least 30 days after the ROI), conducting a special mailed ballot election, and adopting
an ordinance levying the special tax.
Once the City has declared its intention to establish the CFD to be named "City of Santa Clarita
Community Facilities District No. 2020-1 (Cooper Street Parking Structure)" (scheduled for this
meeting), a public hearing will be held (scheduled for January 12, 2021). Provided there is no
majority protest, the CFD will be established. The Landowner has waived election time lines, so
an election may be held on January 12, 2021, to authorize the levy of an annual special tax on
such property. Should the proposition pass with a two-thirds vote from the qualified voters (the
Landowner), the City may hold the first reading of an ordinance on January 12, 2021, and adopt
the ordinance at the following meeting (January 26, 2021). Following adoption of the ordinance,
the CFD may levy the annual special tax pursuant to the RMA.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the General Fund. All expenses associated with the creation of the CFD
will be borne by the developer. Upon approval of the recommended action, the cost of the
Cooper Street Parking Structure's operations and maintenance will be funded by the City of
Santa Clarita Community Facilities District No. 2020-1 special tax.
ATTACHMENTS
Resolution of Intention - CFD NO. 2020-1 (Cooper Street Parking Structure)
Petition (including consent and waiver)
CFD 2020-1 FY 2020-21 Budget for Max Tax Rate Determination
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RESOLUTION NO. 20-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH
THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT
NO. 2020-1 (COOPER STREET PARKING STRUCTURE) AND AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT
WHEREAS, the City Council (the "City Council") of the City of Santa Clarita (the
"City") has received a petition signed by the owner of certain property (the "Owner") requesting
the establishment of City of Santa Clarita Community Facilities District No. 2020-1 (Cooper
Street Parking Structure) (the "District") pursuant to the Mello -Roos Community Facilities Act
of 1982, as amended, commencing with Section 53311 of the Government Code of the State of
California (the "Act"); and
WHEREAS, the City Council intends to finance certain public services, including
operation and maintenance of a public parking structure located at 17265 Rouse Place in the City
of Santa Clarita, commonly known as the Cooper Street Parking Structure (the "Services"), that
are in addition to those provided in the territory within the District prior to the formation of the
District and do not supplant services already available within the territory included in the
District, through the formation of the District subject to the levy of a special tax to pay for such
services, approved at an election held within the boundaries of the District; and
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The City Council hereby determines to institute proceedings for the
formation of a community facilities district under the terms of the Act. The exterior boundaries
of the community facilities district are hereby specified and described to be as shown on that
certain map now on file in the office of the City Clerk entitled "Map of Proposed Boundaries,
City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking
Structure)" which map indicates by a boundary line the extent of the territory included in the
proposed community facilities district and shall govern for all details as to the extent of the
District. On the original and one copy of the map of such District on file in the City Clerk's
office, the City Clerk shall endorse the certificate evidencing the date and adoption of this
Resolution. The City Clerk shall file the original of such map in her office and, within fifteen
(15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so
endorsed in the records of the County Recorder, County of Los Angeles, State of California.
SECTION 2. The name of the proposed community facilities district shall be "City of
Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure)."
SECTION 3. The types of services proposed to be provided for, and financed by, the
proposed District, include operation and maintenance of a public parking structure (the
"Services"), which Services are in addition to and do not supplant those services already
provided in the territory within the proposed District prior to the establishment of the District.
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SECTION 4. Except where funds are otherwise available, it is the intention of the City
Council to levy annually, in perpetuity, in accordance with procedures contained in the Act, a
special tax (the "Special Tax") sufficient to finance the cost of providing the Services, the costs
of administering the levy and collection of the Special Tax and all other costs of the levy of the
Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees,
election costs, and all other administrative costs of the tax levy. The Special Tax will be secured
by the recordation of a continuing lien against all taxable and nonexempt real property in the
proposed District.
The rate and method of apportionment (the "RMA") and manner of collection of the
Special Tax to be levied on parcels of taxable property within the proposed District shall be as
described in detail and set forth in Exhibit "A" attached hereto and by this reference made a part
hereof. The RMA provides sufficient detail to allow each owner of nonexempt real property
within the proposed District to estimate the maximum amount that such person will have to pay
for the Services. The Special Tax is apportioned to each parcel on the foregoing basis pursuant
to Section 53325.3 of the Act and as described in the RMA and such Special Tax is not levied on
or based upon the value or ownership of real property.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets
and Highways Code of the State of California, a continuing lien to secure each levy of the
Special Taxes shall attach to all nonexempt real property in the proposed District, and that lien
shall continue in force and effect until collection of the Special Taxes ceases.
SECTION 5. Pursuant to Section 53340 of the Act, and except as provided in Section
53317.3 of the Act, properties of entities of the state, federal, and local governments shall be
exempt from the levy of the Special Tax.
SECTION 6. The City Council finds that the proposed Services described in Section 3
hereof are necessary to meet increased demands placed upon the City as a result of new
development occurring within and related to the boundaries of the proposed District.
SECTION 7. A public hearing (the "Hearing") on the establishment of the District and
the proposed RMA of the Special Tax shall be held on January 12, 2021 at 6 p.m., or as soon
thereafter as practicable, at the chambers of the City Council of the City of Santa Clarita, 23920
Valencia Blvd., Santa Clarita, CA 91355. At the time and place set forth for the Hearing, any
interested person, including all persons owning lands or registered to vote within the proposed
District may appear or be heard. Any protests may be made orally or in writing, except that any
protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and
shall clearly set forth the irregularities and defects to which the objection is made. All written
protests shall be filed with the City Clerk on or before the time fixed for such Hearing, and any
written protest may be withdrawn in writing at any time before the conclusion of such Hearing.
If written protests against the formation of the District are filed by (a) fifty percent (50%) or
more of the registered voters, or six (6) registered voters, whichever is greater, residing within
the proposed District, or (b) the owners of one-half (1/z) or more of the area of land included
within the proposed District, the proceedings shall be abandoned. If said majority protest is
limited to certain types of services or certain provisions of the special tax, those services or those
provisions of the tax must be eliminated by the City Council.
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SECTION 8. Each City officer who is or will be responsible for the District, if it is
established, is hereby directed to study the proposed District and, at or before the time of the
above -mentioned Hearing, file a report with the City Council, and which is to be made a part of
the record of the Hearing, containing a brief description of the District and his or her estimate of
the cost of providing the Services within the boundary of the District. The Director of
Administrative Services is directed to estimate or cause the estimation of the fair and reasonable
cost of all incidental expenses, including all costs associated with the creation of the District,
determination of the amount of any Special Taxes, collection of any Special Taxes, or costs
otherwise incurred in order to carry out the authorized purposes of the City with respect to the
District.
SECTION 9. The City Clerk is hereby directed to publish a notice ("Notice") of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed District. Such Notice shall contain the text or a summary
of this Resolution, state the time and place of the Hearing, a statement that the testimony of all
interested persons or taxpayers will be heard, a description of the protest rights of the registered
voters and landowners in the proposed Community Facilities District No. 2020-1 (Cooper Street
Parking Structure), as provided in Section 53322 of the Act and a description of the proposed
voting procedure for the election required by the Act. Such publication shall be completed at
least seven (7) days prior to the date of the Hearing.
SECTION 10. The voting procedures to be followed in conducting the special election on
the proposition with respect to the levy of special taxes on the land within the proposed District
to fund the Services, if the District is established and such special election (the "Election") is
held, shall be as follows:
(a) If at least 12 persons have been registered to vote within the territory of the
proposed District for each of the ninety (90) days preceding the close of the Hearing, the vote in
the Election shall be by the registered voters of the District with each voter having one vote. In
that event, the Election shall be conducted by the City Clerk (the "Election Official") and shall
be held on a date selected by the City Council in conformance with the provisions of Section
53326 of the Act and pursuant to the provisions of the Elections Code of the State of California
governing elections of cities, insofar as they may be applicable, and pursuant to said Section
53326 the ballots for the Election shall be distributed to the qualified electors of the proposed
District by mail with return postage prepaid, and the Election shall be conducted as a mail ballot
election.
(b) If at the time of the close of the Hearing, and for at least the preceding ninety (90)
days, less than 12 persons have been registered to vote within the territory of the proposed
District, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowners
of taxable parcels within the proposed District, with each landowner of record at the close of the
Hearing having one vote for each acre or portion of an acre of land that he or she owns within the
proposed District, the Election shall be conducted by the Election Official as follows:
(1) The Election shall be held on the earliest date, following the Hearing and
adoption of a resolution submitting the proposition of the levy of special taxes to fund the
Services, upon which such Election can be held pursuant to said Section 53326 which may be
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selected by the City Council, or such earlier date as the owners of land within the proposed
District and the Election Official agree and concur is acceptable.
(2) Pursuant to said Section 53326, the Election may be held earlier than ninety
(90) days following the close of the Hearing if the qualified electors of the proposed District
waive the time limits for conducting the elections set forth in said Section 53326 by unanimous
written consent and the Election Official concurs in such earlier election date as shall be
consented to by the qualified electors.
(3) Pursuant to said Section 53326, ballots for the Election shall be distributed to
the qualified electors by the Election Official by mail with return postage prepaid, or by personal
service.
(4) Pursuant to applicable sections of the Elections Code of the State of California
governing the conduct of mail ballot elections of cities, and the City, the Election Official shall,
among other things, mail or deliver or cause to be mailed or delivered to each qualified elector an
official ballot in a form specified by the City Council in the resolution calling the Election, and a
return identification envelope with prepaid postage thereon addressed to the Election Official for
returning voted official ballots.
(5) The official ballot to be mailed or delivered by the Election Official to each
landowner -voter shall have printed or typed thereon the name of the landowner -voter and the
number of votes to be voted by the landowner -voter and shall have appended to it a certification
to be signed by the person voting the official ballot which shall certify that the person signing the
certification is the person who voted the official ballot, that he or she has been authorized to vote
such official ballot on behalf of the landowner -voter and if the landowner -voter is other than a
natural person, that he or she is an officer of or other person affiliated with the landowner -voter
entitled to vote such official ballot.
(6) The return identification envelope mailed or delivered by the Election Official
to each landowner -voter shall have printed or typed thereon the following: (i) the name of the
landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating
that the voter is the landowner or the authorized representative of the landowner entitled to vote
the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the
printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and
place of execution of said declaration, and (vii) a notice that the envelope contains an official
ballot and is to be opened only by the Election Official.
(7) The instruction to voter form to be mailed or delivered by the Election
Official to the landowner -voters shall inform them that the official ballots shall be returned to the
Election Official properly voted as provided thereon and with the certification appended thereto
properly completed and signed in the sealed return identification envelope with the certification
thereon completed and signed and all other information to be inserted thereon properly inserted
by the hour on the date of the Election which is specified by the Election Official for the receipt
of ballots; provided that if all qualified voters have voted, the Election may be closed by the
Election Official.
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(8) Upon receipt of the return identification envelopes which are returned prior to
the voting deadline on the date of the Election, the Election Official shall canvass the votes cast
in the Election, and shall file a statement with the City Council as to the results of such canvass
and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the Election, if held, may be
modified as the City Council may determine to be necessary or desirable.
SECTION 11. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for any
authorized purpose, including any cost incurred by the City in creating the District. The City
may enter into an agreement to repay all of such funds as are not expended or committed for any
authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to
levy such tax should fail, and at its option to repay any or all of such funds advanced if the levy
of the Special Tax shall be approved by the qualified electors of the proposed District.
SECTION 12. Pursuant to Section 53329.5 of the Act and except as provided in the
RMA, the City Council finds that the public interest will not be served by allowing the property
owners within the District to enter into a contract in accordance with subdivision (a) of that
section, and that the property owners shall not be permitted to elect to perform the work and
enter into a written contract with the City for the provision of the Services pursuant to said
Section 53329.5 except as provided in the RMA.
SECTION 13. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this day of November 2020.
ATTEST:
CITY CLERK
DATE:
MAYOR
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Resolution No. 20- was duly adopted by the City Council of the City of Santa Clarita at a regular
meeting thereof, held on the day of November 2020, by the following vote:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCIL,MEMBERS:
CITY CLERK
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF SANTA CLARITA
COMMUNITY FACILITIES DISTRICT NO. 2020-1
(COOPER STREET PARKING STRUCTURE)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Santa Clarita
Community Facilities District No. 2020-1 (Cooper Street Parking Structure) ("CFD No. 2020-1" or
"CFD") and collected each Fiscal Yearcommencingin Fiscal Year2020/21, in an amount determined
by the City Council or its designee, through the application of the Rate and Method of
Apportionment ("RMA"), as described below. All of the real property in CFD No. 2020-1, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in
the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
"Adjusted Parcel Area" means the adjusted land area that is assigned to Taxable Parcel(s) for
purposes of determining the Maximum Special Tax whenever there is a Change in Total Parcel Area.
"Administrative Expenses" means the following actual or reasonably estimated costs directly
related to the administration of CFD No. 2020-1 that are not included in the Direct Operating Costs.
This includes, without limitation, the costs of computing the Special Taxes and preparing the
annual Special Tax collection schedules (whether by the City or designee thereof or both);
collecting the Special Taxes (whether by the City or otherwise); responding to inquiries regarding
the Special Taxes; costs of the City, CFD No. 2020-1 or any designee thereof related to an appeal of
any Special Tax levy; and the City's annual administration fees and third party expenses.
"Agreement" means Parking Management Services Agreement for Parking Structure No.1 that was executed
on October 21, 2020, by and between the City of Santa Clarita and the Vista Canyon Master Association.
"Annual Budget" means the budget to be submitted to the City bythe Manager no laterthan March
1 for the following Fiscal Year, as described in Section 5.3 of the Agreement, except for Fiscal Year
2020/21 it means the budget approved during the CFD formation proceedings.
"Annual Escalation Factor" means the greater of (i) the annual percent increase, as of April 2022
and each April thereafter, in the Bureau of Labor Statistics' Consumer Price Index for All Urban
Consumers (CPI-U) forthe Los Angeles -Long Beach -Anaheim area or (ii) 3.0%.
City of Santa Clarita CFD No. 2020-1 November202O
(Cooper Street Parking Structure) Packet Pg. 40
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"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by Assessor's Parcel number.
"Assessor's Parcel Number or APN" means the number assigned to the Assessor's Parcel by the
County Assessor as shown on the Assessor's Parcel Map.
"CFD orCFD No. 2020" means City ofSanta Clarita Community Facilities District No. 2020-1(Cooper
Street Parking Structure).
"CFD Administrator" means an official of the City, ordesignee thereof, responsible fordetermining
the Special Tax Requirement, as described in Section I, and providing forthe levy and collection of
the Special Taxes.
"Change in Total Parcel Area" means any event where Assessor's Parcel(s) change, such as a lot
line adjustment, the addition of an easement, or some other change, resulting in the Total Parcel
Area not being equal to the Taxable CFD Area (18,973 square feet).
"City" means the City of Santa Clarita.
"Council" means the City Council of the City of Santa Clarita, acting as the legislative body of CFD
No. 2020-1.
"County" means the County of Los Angeles, California.
"Direct Operating Costs" means the budgeted items in the Annual Budget for any Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Manager" means the Vista Canyon Master Association, or its successor, as the operating manager
of the Parking Structure.
"Maximum Special Tax" means for each Fiscal Year and for each Taxable Parcel, the maximum
Special Tax that can be levied by CFD No. 2020-1 on such Taxable Parcel.
"Non -Budgeted Costs" means maintenance costs that occur during any Fiscal Year that were not
included in the Special Tax Requirement.
"Non -Taxable CFD Area" means the area of Lot 7 of Tract Map No. 69164-01 of the City of Santa
Clarita, County of Los Angeles, State of California, equal to 61,855 square feet.
"Non -Taxable Parcel(s)" means the portion of Assessor's Parcel Number 2840-029-029
representing Lot 7 of Tract Map No. 69164-01 of the City of Santa Clarita, County of Los Angeles,
State of California, or its successor parcel(s).
"Operating Fund" means a fund that shall be maintained for CFD No. 2020-1 for any Fiscal Year to
pay for Direct Operating Costs, Other Maintenance Costs, and Administrative Expenses of the CFD.
City of Santa Clarita CFD No. 2020-1 November2020
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"Other Maintenance Costs" means for any Fiscal Year, the estimated costs to maintain and operate
the Parking Structure that are not included in the Direct Operating Costs. This includes all labor
costs, including benefits and other payroll costs of paid personnel engaged in the operation of the
Parking Structure; utility costs; the cost of trash services; any other operations costs described in
Section 5.3 of the agreement; and any other Services authorized for the CFD.
"Parcel Area" means the land area of an Assessor's Parcel, measured in square feet, as shown on
an Assessor's Parcel Map, or if the land area is not identified on an Assessor's Parcel Map, the land
area identified on the applicable final map, parcel map, condominium plan, or other recorded
County document.
"Parking Structure" means the parking facility known as the Cooper Street Parking Garage or
Parking Facility 1 located within the Vista Canyon project in the City. .
"Proportionately" means that the ratio of the actual Special Tax levy to the Maximum Special Tax
is equal for all Taxable Parcel(s) within CFD No. 2020-1.
"Reserve Fund(s)" means fund(s) that shall be maintained for CFD No. 2020-1 for accumulating
funds to pay for deferred maintenance items that are included in the Annual Budget, or to pay for
maintenance costs that are not budgeted.
"Service(s)" means maintenance and operations of the Parking Structure which includes, but is
not limited to, automated gate maintenance, parking space restriping, concrete repair and elevator
maintenance and other operations and maintenance services described in the Agreement.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2020-1
pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means for each Fiscal Year, the amount determined for CFD No. 2020-
1 equal to (i) Direct Operating Costs, (ii) Other Maintenance Costs; (iii) Administrative Expenses; and
adjustments for the purposes of increasing or decreasing Operating Fund balance and/or the
Reserve Fund balance, as determined by the CFD Administrator.
"State" means the State of California.
"Supplemental Special Tax" means the Special Tax levied pursuant to Section G to fund Non -
Budgeted Costs.
"Taxable CFD Area" means the area of Lot 8 of Tract Map No. 69164-01 of the City of Santa Clarita,
County of Los Angeles, State of California, equal to 18,973 square feet.
"Taxable Parcel(s)" means Assessor's Parcel Number2840-029-018 representing Lot 8 of Tract Map
No. 69164-01 of the City of Santa Clarita, County of Los Angeles, State of California, or its successor
parcel(s).
"Taxable Parcel Area" means, initially, the Parcel Area of a Taxable Parcel. If a Change in Total
Parcel Area occurs, Taxable Parcel Area will mean the Adjusted Parcel Area of a Taxable Parcel.
City of Santa Clarita CFD No. 2020-1 November2020
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"Total Parcel Area" means, at any time, the sum of the Parcel Area of all Taxable Parcel(s) within
the CFD.
B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, commencing with Fiscal Year 2020/21, each Taxable Parcel shall be subject to
Special Tax in accordance with the RMA determined pursuant to Sections C , D and E below. All
Assessor's Parcels within the boundaries of CFD No. 2020-1, except for Non -Taxable Parcels orthose
that are exempt from the Special Tax pursuant to law, shall be considered as Taxable Parcels.
C. DETERMINATION OF TAXABLE AREA
Each Fiscal Year, the Taxable Parcel Area shall be determined for the Taxable Parcels as follows:
If there have been no changes to Taxable Parcels since the inception of the CFD, then the
Taxable Parcel Area shall be equal to the Parcel Area for all Taxable Parcels. The Taxable
Parcel Area will not change until the first occurrence of a Change in Total Parcel Area, if any.
In the Fiscal Year of the first occurrence of a Change in Total Parcel Area, if any, the Adjusted
Parcel Area for each Taxable Parcel shall be determined by dividing the Parcel Area of the
Taxable Parcel bythe total Parcel Area of all Taxable Parcels and multiplyingthe percentage
quotient by the Taxable CFD Area (18,973 square feet). The Taxable Parcel Area shall then
be equal to the Adjusted Parcel Area for all Taxable Parcels for such Fiscal Year until there is
an occurrence of a Change in Total Parcel Area, if any.
iii. For any Fiscal Year thereafter, if there is an occurrence of a Change in Total Parcel Area, the
Adjusted Parcel Area foreach Taxable Parcel shall be recalculated in the same manner as in
the previous step in order to determine the Taxable Parcel Area.
D. MAXIMUM SPECIAL TAX RATE
The Fiscal Year 2020/21 Maximum Special Tax Rate for CFD 2020-1 is as follows.
$37.85 per square foot of Taxable Parcel Area
On each July 1, commencing on July 1, 2021, the Maximum Special Tax Rate shall be increased by
an amount equal to the Annual Escalation Factor multiplied by the Maximum Special Tax Rate in
effect for the previous Fiscal Year.
E. MAXIMUM SPECIAL TAX
For each Fiscal Year, the Maximum Special Tax for any Taxable Parcel shall be equal to the Maxim um
Special Tax Rate times the Taxable Parcel Area.
City of Santa Clarita CFD No. 2020-1 November2020
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F. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
For each Fiscal Year, commencing Fiscal Year 2020/21, the City shall levy the Special Tax
Proportionately on Taxable Parcels within CFD No. 2020-1, up to a total amount equal to the lesser
of the Special Tax Requirement or the Maximum Special Tax.
G. SUPPLEMENTAL SPECIAL TAX FOR NON -BUDGETED COSTS
During any Fiscal Year, if available funds in the Operating Fund and the Reserve Fund are not sufficient
to pay for Non -Budgeted Costs, the City may levy Supplemental Special Taxes Proportionately on
Taxable Parcels within CFD No. 2020-1, up an amount equal to the applicable Maximum Special Tax
less, the Special Tax previously levied for the Fiscal Year. Any Supplemental Special Tax levy shall be
billed directly to property owners for collection 30 days after the date of billing.
H. MANNER OF COLLECTION OF THE SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2020-1 may collect the Special Tax at a different
time or in a different manner, including direct billing, if necessary to meet its funding requirements.
I. DURATION OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer
required as determined at the sole discretion of the Council.
J. EXEMPTIONS
No parcel(s) shall be exempt from the Special Tax unless exempted by law or designated as Non -
Taxable Parcel(s).
K. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.
L. APPEALS AND INTERPRETATIONS
During any Fiscal Year, any landowner who feels that the amount of the Special Taxes levied on their
Assessor's Parcel is in error may submit a written appeal to the CFD Administrator, provided that the
landowner is current in the payment of the Special Taxes and such written appeal is submitted no
laterthan the final day of the Fiscal Year of the appeal. The CFD Administrator shall review the appeal
and provide findings to the City. For necessary corrections, no refund shall be given; however, the
amount of the Special Taxes levied shall be appropriately in the following Fiscal Year(s).
The CFD Administrator may interpret the RMA for purposes of clarifying any ambiguities and make
determinations relative to the annual administration of the Special Taxes and any landowner appeals.
City of Santa Clarita CFD No. 2020-1 November2020
(Cooper Street Parking Structure) Packet Pg. 44
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TO: CITY COUNCIL OF THE CITY OF SANTA CLARITA
FROM. VISTA CANYON PHASE I, LLC
PETITION REQUESTING THE ESTABLISHMENT
OF A COMMUNITY FACILITIES DISTRICT
(INCLUDING CONSENT AND WAIVER OF CERTAIN PROCEDURES
AND TIME REQUIREMENTS WITH RESPECT TO PUBLIC HEARING
AND LANDOWNER ELECTION)
The undersigned, on behalf of Vista Canyon Phase 1, LLC, a Delaware limited liability
company (the "Landowner"), do hereby certify under penalty of perjury that the following
statements are all true and correct:
I The undersigned is authorized to represent the Landowner and is its designated
representative to petition the City Council (the "City Council") of the City of Santa Clarita (the
"City") and to give the consent and waiver contained herein with respect to a community
facilities district (the "District") to be formed under the provisions of the "Mello -Roos
Community Facilities Act of 1982" (the "Act"), being Chapter 2.5 of Part I of Division 2 of title
5 (commencing with Section 53311) of the California Government Code.
2. The Undersigned hereby certifies that as of the date indicated opposite his or her
signature, the Landowner listed herein is the fee owner of approximately V2 acre of property
within the proposed boundaries of the District described in Exhibit "A" hereto (the "Property"),
which consists of all of the taxable land within the proposed District.
3. The undersigned, pursuant to Section 53318 the Act, hereby requests that
proceedings be commenced to establish the District for the purpose of funding the operation and
maintenance of a public parking structure ("Services"), which Services are in addition to those
provided in the territory within the District prior to the formation of the District.
4. The undersigned has had an opportunity to consult with legal counsel with respect
to the matters contained herein and is fully and completely informed of and understands the
matters contained herein.
5. The undersigned hereby certifies that there are no registered voters residing
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within the Property and have been none, nor will there be any, during the 90-day period
preceding the January 12, 2021 public hearing to be conducted by the City Council pursuant to
Government Code Section 53339.5.
6. On or about November 6, 2020, the Landowner and the appropriate officers
thereof were made aware of the January 12, 2021 public hearing to be held regarding the
formation of the District. The undersigned agrees that it received adequate notice of the hearing.
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The Landowner and the appropriate officers thereof have received necessary and relevant
information regarding the District and the imposition of the special tax and the District has made
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available to the Landowner sufficient opportunity to obtain such information.
I Packet Pg. 46 1
7. In accordance with the provisions of the Act, and specifically Sections 53326(a)
and 53327(b) thereof allowing certain time and conduct requirements relative to a special
landowner election to be waived with the unanimous consent of all the landowners to be
included in a community facilities district and concurrence of the election official conducting the
election, the undersigned (i) expressly consents to the conduct of the special election at the
earliest possible time following the adoption by the City Council of a resolution forming the
District and (ii) expressly waives any requirement to have the special election conducted within
the time periods specified in Section 53326 of the Act or in the California Elections Code.
8. The undersigned waives any requirement for the mailing of the ballot for the
special election and expressly agrees that said election may be conducted by mailed or hand -
delivered ballot to be returned as quickly as possible to the designated election official, being the
office of the City Clerk of the City Council and the undersigned requests that the results of said
election be canvassed and reported to the City Council at the same meeting of the City Council
as the public hearing on the formation of the District or the next available meeting.
9. The undersigned expressly waives all applicable waiting periods for the election
and waives the requirement for analysis and arguments relating to the special election, as set
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forth in Section 53327 of the Act, and consents to not having such materials provided to the
Landowner in the ballot packet, and expressly waives any requirements as to the form of the
ballot.
10. 'The undersigned expressly waives all notice requirements relating to hearings and
special elections, whether by posting, publishing or mailing, and whether such requirements are
found in the California Elections Code, the California Government Code or other laws or
procedures, including but not limited to any notice provided for by compliance with the
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provisions of Section 4101 of the California Elections Code.
11. Landowner hereby appoints James S. Backer as its authorized representative to
vote in the election referred to herein and certifies that his or her true and exact signature is set
forth below:
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[signature]
12. The undersigned hereby consents to and expressly waives any and all claims
based on any irregularity, error, mistake or departure from the provisions of the Act or other laws
of the State and any and all laws and requirements incorporated therein, and no step or action in
any proceeding relative to the District or the special election therein shall be invalidated or
affected by any such irregularity, error, mistake or departure.
13. In the event the proposed formation of the District is not completed, the
undersigned hereby agrees to be responsible for the reasonable costs and expenses incurred by
the City in the preparation of such formation.
I Packet Pg. 47 1
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VISTA C'ANION PHASF,', L LLC, i, DkAawm,,hunited
IN JSJ PAIUSEMN, LLQ a (Wmha Unmed
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FHvd in the (OM of Wc (1) t)
Mar, Cusick. ( by (lerk
I Packet Pg. 48
EXHIBIT A
PROPERTY DESCRIPTION
Assessor's Parcel Number 2840-029-018 representing Lot 8 of Tract Map No. 69164-01 of the City
C,
of Santa Clarita, County of Los Angeles, State of California, or its successor parcel(s).
I Packet Pg. 49 1
Signature Page for Petition Wquesflng the Ustabfishment of a Community Facilities
Di"orict
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MAXIMUM SPECIAL TAX RATE CALCULATION
(BASED ON FY2020/21 ANNUAL BUDGET)
i. Direct Operating Costs (fromAnnual Budget) $435,172
ii. Other MaintenanceCosts(10%ofDirectOperatingCosts) $43,517
iii Administrative Expenses (includedinAnnualBudget) $0
iv AdjustmentforReserves (includedinAnnualBudget)
TOTAL SPECIAL TAX REQUIREMENT $478,689
X 50% $239,345
TOTAL MAXIMUM SPECIAL TAX $718,034
TAXABLESF 18.973
MAXIMUM SPECIAL TAX RATE PER SF $37.85
Prepared by Harris Associates Packet Pg. 53