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HomeMy WebLinkAbout2021-01-26 - RESOLUTIONS - CFD 2020-1 COOPER ST PARKING STRUCTURE (2) -- RESOLUTION NO. 21-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS,ESTABLISHING CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 2020-1 (COOPER STREET PARKING STRUCTURE), AND AUTHORIZING 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"), 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"); and WHEREAS, the City Council has heretofore adopted its resolution of intention, as amended ("Resolution of Intention") stating its intention to form the District and a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference; and WHEREAS,pursuant to the Act and in accordance with applicable laws in all material respects, this City Council held a public hearing on the formation of the District and all other matters referenced in the Resolution of Intention; and WHEREAS,prior to the commencement of the public hearing,there was filed with the City Council a Community Facilities District Report prepared by Harris &Associates (the"CFD Report") containing a boundary map, and a description and an estimate of the services and incidental expense to be financed by the District, and the CFD Report has been reviewed by the City Council and is incorporated herein and made a part of the record of the public hearing; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the City Council on said matters before it,,and this City Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. Pursuant to Section 53325.1(b) of the Act, the City Council finds and OmMr determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act in all material respects. • Page 1 of 4 SECTION 2. Written protests against the establishment of the District, or against the pomp furnishing of specified services or the levying of a specified special tax within the District, have not been filed by fifty percent(50%) or more of the registered voters or property owners of one- half(1/2) or more of the area of land within the District. SECTION 3. A community facilities district to be designated"City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure)" is hereby established pursuant to the Act. SECTION 4. The description and amended map of the boundaries of the District as shown on the map entitled"Amended Map of Proposed Boundaries, City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure)" on file in the City Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the District. The amended map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of Los Angeles County, California(Book 196 of Maps of Assessment and Community Facilities Districts at page 6). SECTION 5. The types of services to be provided for, and financed by, the District, include the 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"), directly or indirectly relating to the development of the territory within the District, which Services are in addition to and do not supplant those services already provided in the territory within the District prior to the establishment of the District: The Services are more fully .._, described in the CFD Report. SECTION 6. 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 District. The rate and method of apportionment, as amended (the "RMA") and manner of collection of the Special Tax to be levied on parcels of taxable property within the 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 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 District and that lien shall continue in force and effect until collection of the Special Taxes ceases. Page2of4 SECTION 7. The City Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within the District. SECTION 8. The CFD Report is ordered to be kept on file with the minutes of these proceedings and open for public inspection. SECTION 9. Pursuant to and in compliance with the provisions of California Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the District of the Special Tax: (a) Such Special Tax shall be levied for the specific purposes set forth herein. (b) The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth herein. (c) The District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited. (d) The Director of Administrative Services, or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to California Government Code Section 50075.3. SECTION 10. The Director of Administrative Services,23920 Valencia Blvd., Suite 300, Santa Clarita, CA 91355, (661) 255-4997, or his or her designee, is designated to be responsible for preparing or causing to be prepared annually a current roll of Special Tax levy obligations by assessor's parcel number and for estimating future Special Tax levies pursuant to Section 53340.1 of the California Government Code. SECTION 11. The City Clerk is directed to certify and attest to this resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. The voting procedure with respect to the imposition of the Special Tax and establishing an appropriations limit of the District shall be by hand delivered or mailed ballot election as provided in the Resolution of Intention. SECTION 12. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 26th day of January 2021. AYOR ATTEST: CITY CLERK �J DATE: 4ç/ ..( • Page 3 of 4 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. 21-2 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof,held on the 26th day of January 2021, by the following vote: AYES: COUNCILMEMBERS: Smyth, McLean, Weste, Gibbs, Miranda NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK Page 4 of 4 EXHIBIT A RATE AND METHOD OF APPPORTIONMENT OF SPECIAL TAX aNk A-1 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 Year commencing in Fiscal Year 2020/21,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 by the Manager no later than 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)for the Los Angeles-Long Beach-Anaheim area or(ii) 3.0%. City of Santa Clarita CFD No.2020-1 November2020 (Cooper Street Parking Structure) Page 1 "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 or CFD No.2020"means City of Santa Clarita Community Facilities District No.2020-1(Cooper Street Parking Structure). "CFD Administrator" means an official of the City,or designee thereof,responsible for determining the Special Tax Requirement,as described in Section I,and providing for the 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 November 2020 (Cooper Street Parking Structure) Page 2 "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 r—, 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 (Cooper Street Parking Structure) Page 3 "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 or those 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: i. 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. ii. 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 by the total Parcel Area of all Taxable Parcels and multiplying the 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 for each 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 FiscalYear,the Maximum Special Tax for any Taxable Parcel shall be equal to the Maximum Special Tax Rate times the Taxable Parcel Area. City of Santa Clarita CFD No.2020-1 November 2020 (Cooper Street Parking Structure) Page 4 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 later than 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) Page 5 EXHIBIT A SHEET1OF1 • . AMENDED PROPOSED BOUNDARIES OF CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO.2020-1 (COOPER STREET PARKING STRUCTURE) • 0 75 1so • COUNTY OF LOS ANGELES,STATE OF CALIFORNIA CLERK'S MAP STATEMENT SCALE:1"=75• FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SANTA CLARITA THIS 12'DAY OF JANUARY,2021. N A '�R ''' CITY CLERK OF THE CITY OF SANTA CLARITA ...,. APN 2840-029-029 por. CLERK'S MAP STATEMENT �'�� COOPER STREET PARKING LOT 10 • STRUCTURE LOCATION I HEREBY CERTIFYTHAT THE AREA SHOWN ON THIS MAP '' j OF THE AMENDED PROPOSED BOUNDARIES OF �' LOT 9 ` COMMUNITY FACILITIES DISTRICT NO.2020-1,(COOPER STREET PARKING STRUCTURE),CITY OF SANTA CLARITA, h Y COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,WAS O APPROVED BY THE CITY COUNCIL OF THE CITY OF SANTA (0 ..• ��b CLARITA AT A REGULARLY SCHEDULED MEETING THEREOF, • f1'1 F HELD ON THE 12TH DAY OF JANUARY,2021 BY ITS f(11— LOT 11 I RESOLUTION NO. N1 O m' LOT 7 • it APN2840-029-018 ' LOTS CITY CLERK OF THE CITY OF SANTA CLARITA • 1 • C) LOT 6 COUNTY RECORDER'S FILING STATEMENT ' • FILED THIS_DAY OF 2021AT ` LOT12 THE HOUR OF O'CLOCK_M.IN BOOK t......... OF MAPS OFASSESSMENT_ COMMUNIY LEGEND - --------.-MITC-H{-L-6-0RIV� FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF LOS • '_ ' PORTION OF TRACT NO.69164-01 INTHECITY OF SANTACLARITA,COUNTY OF LOSANGELES,STATE OFCALIFORNIA. CFD BOUNDARY ANGELES,STATE OF CALIFORNIA. ME DEAN C.LOGAN REGISTRAR-RECORDER/COUNTY CLERK NOTE: Harris&Associates REFERENCE IS HEREBY MADE TO THE MAPS OF RECORD IN THE OFFICE OF THE ASSESSOR ini OF THE COUNTY OF.LOS ANGELES FOR A DETAILED DESCRIPTION OF THE LINES AND BY: DIMENSIONS OF ANY PARCELS SHOWN HEREIN,WHICH MAPS SHALL GOVERN FOR ALL DEPUTY 22 Executive Park,Suite 200,I,.4ne,CA92614•pi949.655.3900• www.Wenrexarris.wm DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS City of Santa Clarita CFD No.2020-1 November 2020 r. !Street Parking Structure) 1 P, I