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HomeMy WebLinkAbout2026-07-14 - RESOLUTIONS - CFD 2020-1 COOPER ST PARKING STRUCTURE MOD ANNEX NO 1 SPECIAL TAX AND O&M TRSFRRESOLUTION NO.26-41 A RESOLUTION OF THE CITY OF SANTA CLARITA, CALIFORNIA, ACTING ON BEHALF OF ITSELF AND AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 2020-1 (COOPER STREET PARKING STRUCTURE), APPROVING CERTAIN MODIFICATIONS TO SAID DISTRICT, ANNEXING ANNEXATION NO. 1 TO SAID DISTRICT AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION NO. 1 AND APPROVING CERTAIN AGREEMENTS RELATING TO THE TRANSFER OF OPERATION AND MAINTENANCE OF THE COOPER STREET PARKING STRUCTURE TO THE CITY WHEREAS, the City Council (the "City Council') of the City of Santa Clarita (the "City") has previously conducted proceedings pertaining to certain modifications and annexations to the 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 called and duly held a special election in the District pursuant to Resolution No. 26- (the "Resolution Calling Election") adopted on July 14, 2026, for the purpose of presenting to the qualified electors the District a proposition (the "Proposition") on the annexation of certain parcels to the District and the removal of the current parcel from the District, and the modification of the District by amending the Original Rate and Method as set forth in an amended and restated rate and method of apportionment (the "Amended and Restated RMA"), all in accordance with the terms of Resolution No. 26-38 adopted on June 23, 2026 (the "Resolution of Consideration"); and WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on July 14, 2026; and WHEREAS, at such election the Proposition for making such modifications was approved by the qualified electors of the District; and WHEREAS, on February 9, 2021, the City Council, acting as the legislative body of the District, adopted Ordinance No. 21-02 (the "Ordinance") pursuant to Section 53340 of the Act, which Ordinance authorized the levy of a special tax for the Services within the District for the original area and any annexations to the District; and WHEREAS, there have been submitted to this Council certain documents providing for termination of the management of the Cooper Street Parking Structure by Vista .� Canyon Master Association, a California non-profit mutual benefit corporation (the "POA"), and the transfer of the operation and maintenance to the City, and this Council, with the aid of its staff, has reviewed said documents and found them to be in proper order. Page 1 of 5 NOW, THEREFORE, the City Council of the City of Santa Clarita, California, acting on behalf of itself and as the legislative body of the City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure) as applicable, does hereby resolve as follows: SECTION 1. The above recitals are true and correct SECTION 2. The exterior boundaries of the annexation area ("Annexation No. I") and the removal of the original parcel are specified and described on that certain map entitled "Amended Boundary Map — Annexation Map No. I — City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure)," (the "Restated Map"). The Restated Map indicates by a boundary line the extent of the territory included in Annexation No. 1, and shall govern for all details as to the extent of the District. Annexation No. 1 is hereby annexed into the District and hereafter all references to the District shall include Annexation No. 1. The removal of the original parcel of the District is hereby approved and confirmed. SECTION 3. The Restated Map, describing the boundaries of the District, is on file in the City Clerk's office and as described in the Resolution of Consideration and incorporated herein by reference. The Restated Map, which eliminated the previous parcel and added Annexation No. 1, is hereby approved and shall be the boundaries of the District. The Restated Map shall supersede all previously recorded maps. The Restated Map has been recorded in the Office of the n County Recorder of Los Angeles County, California (Book 197 of Maps of Assessment and Community Facilities Districts at page 30) as Document No. 20260492461. SECTION 4. The purpose for which the District was formed has not changed, which purpose is to finance the Services. SECTION 5. Except where funds are otherwise available, in order to finance the Services, the City Council shall levy annually, in perpetuity, in accordance with procedures contained in the Act, against all taxable and nonexempt real property in the District, including Annexation No. 1, 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, including a reasonable reserve. The rate and method of apportionment and manner of collection of the Special Tax is described in detail in the Amended and Restated RMA attached hereto as Exhibit "A" and incorporated herein by this reference. The Amended and Restated RMA allows each landowner within the District to estimate the maximum amount that may be levied against each parcel. The City Council hereby determines the Amended and Restated RMA to be reasonable. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 n of the Act and the Special Tax is not based upon the value or ownership of real property. Page 2 of 5 In the event that a portion of the property within the District shall become for any reason ^ exempt, wholly or partially, exempt from the levy of the Special Tax, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in the Amended and Restated RMA to the extent necessary upon the remaining property within the District which is not delinquent or exempt in order to yield the special tax revenues required for the purposes described herein. Upon recordation of an amended 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 Tax shall attach to all nonexempt real property in the District, including Annexation No. 1, and that lien shall continue in force and effect until collection of the Special Tax ceases. SECTION 6. The City Council finds that the Services are necessary to meet the increased demand put upon the City as a result of the development within the District. SECTION 7. This resolution shall constitute a Resolution of Annexation and/or a Resolution of Change within the meaning of the Ordinance, and Annexation No. 1 shall be subject to the terms of the Ordinance. SECTION 8. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby continues the following accountability measures pertaining to the levy by the District of the Special Tax described in Section 5 above: a. Such Special Tax shall be levied for the specific purposes set forth in Section 5 hereof. b. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth in Section 5 hereof. C. The District shall establish accounts into which the proceeds of such Special Tax shall be deposited. d. The Director of Administrative Services, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code 50075.3. SECTION 9. The Office of the Director of Administrative Services, the City of Santa Clarita, 23920 Valencia Blvd., Suite 295, Santa Clarita, California 91355, (661) 2554920, or its designee, is designated to be responsible for preparing 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 Government Code. SECTION 10. The City Clerk is hereby directed and authorized to record notice of the Special Tax by recording an Amended and Restated Notice of Special Tax Lien of City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure) in the office of the County Recorder of the County of Los Angeles within fifteen (15) days of the date hereof pursuant to Section 3114.5 of the California Streets and Highways Code. Page 3 of 5 SECTION 1 L The City Clerk shall record a notice of cessation of special tax for the parcel excluded from the boundaries of the District in the office of the County Recorder of the County of Los Angeles pursuant to Sections 53330.5 and 53338.5 of the Act and Section 3114.5 of the California Streets and Highways Code. SECTION 12. The City hereby approves the Termination of the Parking Management Services Agreement for Parking Structure 1 and Settlement Agreement, by and among the City, the POA, Vista Canyon Ranch, LLC, VC Lincoln I LLC, and Vista Canyon Phase I LLC (the "Parking Management Services Termination Agreement'), in substantially the forin presented to this Council and on file with the City Clerk. The City Manager or designee is hereby authorized to execute the Termination of Parking Management Services Termination Agreement with such revisions, amendments and completions as shall be approved by the City Manager or designee, subject to City Attorney review. SECTION 13. The City hereby approves the Amendment and Restatement to the Puking Spaces Easement Agreement, by and between the City and Vista Canyon Ranch LLC (the "Amended and Restated Parking Easement Agreement'), in substantially the form presented to this Council and on file with the City Clerk. The City Manager or designee is hereby authorized to execute the Amended and Restated Puking Easement Agreement with such revisions, amendments and completions as shall be approved by any City Manager or designee, subject to City Attorney review. SECTION 14. The City hereby approves the Termination of Easement Agreement n for Solar Facilities and Community Identification Signage Agreement by and between the City I and Vista Canyon Ranch LLC (the "Solar and Signage Easement Termination Agreement'), in substantially the form presented to this Council and on file with the City Clerk. The City Manager or designee is hereby authorized to execute the Solar and Signage Easement Termination Agreement with such revisions, amendments and completions as shall be approved by the City Manager or designee, subject to City Attorney review. SECTION IS. The City Manager or designee is hereby authorized and directed, for and in the name and on behalf of the City or District, as applicable, to do any and all things and take any and all other actions, including the execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, deem necessary or advisable in order to consummate the transactions as described herein. SECTION 16. This resolution shall take effect immediately upon its adoption. n Page 4 of 5 •'1 PASSED, APPROVED, AND ADOPTED this 10 day of July 2026. ATTEST: 4�-� CITY CLERK ' DATE:_��%<d STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Melody Bartlette, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 26-41 was duly adopted by the City Council of the City of Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure), at a regular meeting thereof, held on the 10 day of July 2026, by the following vote: AYES: COUNCILMEMEERS: Ayala, Gibbs, McLean, Miranda, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITYey Page 5 of 5 EXHIBIT A AMENDED AND RESTATED 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 2026-27, in an amount determined by the 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. - 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. "Annual Budget" means the budget approved or determined by the City for CFD No. 2020-1 for a Fiscal Year, including the estimated costs of providing the Services, Administrative Expenses, reserve deposits, deferred maintenance funding, and other amounts authorized to be funded. "Annual Escalation Factor" means the greater of (i) the annual percent increase, as of April 2027 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%. "Assessor'' means the Assessor of the County of Los Angeles. n "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's parcel number. n A-1 "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 Assessors Parcel by the County Assessor as shown on the Assessors Parcel Map. "CFD or CFD No. 2020-1" 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 Assessors 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 (91,140 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. �1 "Direct Operating Costs" means the estimated annual costs of operating, maintaining, repairing, and administering the Parking Structure that are included in the Annual Budget. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "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. "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. "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; and any other Services authorized for the CFD. "Parcel Area" means the land area of an Assessors 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 r1 identified on the applicable final map, parcel map, or other recorded County document. A-2 "Parking Structure" means the parking facility known as the Cooper Street Parking Structure, 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 the operations, maintenance, repair, replacement, and administration of the Parking Structure, including but not limited to, automated gate maintenance, parking space restriping, concrete repair and elevator maintenance and other operations and maintenance services. "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 necessary to pay the costs of providing the Services, including (i) Direct Operating Costs; (ii) Other Maintenance Costs; (iii) Administrative Expenses; and (iv) amounts necessary to increase or replenish the Operating Fund and/or Reserve Fund, as determined by the CFD Administrator, less any revenues reasonably expected to be availableto paysuch costs, including amounts reasonably n^ expected to be collected by Vista Canyon Community Facilities District No. 2016-1, Special Tax I 1 for Services, as determined by the City at its sole discretion. "State" means the State of California. "Supplemental Special Tay" means the Special Tax levied pursuant to Section G to fund Non - Budgeted Costs. "Taxable CFD Area" means an amount equal to 91,140 square feet. "Taxable Parcel(s)" means the Assessor's Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 1 below. "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. "Total Parcel Area" means, at any time, the sum of the Parcel Area of all Taxable Parcel(s) within the CFD. DETERMINATION OF TAXABLE PARCELS Each Fiscal Year, commencing with Fiscal Year 2026-27, 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 n from the Special Tax pursuant to law, shall be considered as Taxable Parcels. A-3 DETERMINATION OF TAXABLE AREA Each fiscal Year, the Taxable Parcel Area shall be determined for the Taxable Parcels as follows: L 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 (91,140 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. MAXIMUM SPECIALTAX RATE The Fiscal Year 2026-27 Maximum Special Tax Rate for CFD No. 2020-1 is as follows. nq $30.09 per square foot of Taxable Parcel Area On each July 1, commencing on July 1, 2027, 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. MAXIMUM SPECIALTAX For each Fiscal Year, the Maximum Special Tax for any Taxable Parcel shall be equal to the Maximum Special Tax Rate times the Taxable Parcel Area. METHOD OF APPORTIONMENT OF THE SPECIAL TAX For each Fiscal Year, commencing Fiscal Year 2026-27, 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. 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 to 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. A-4 MANNER OF COLLECTION OF THE SPECIAL TAX n 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. 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. EXEMPTIONS No parceljs) shall be exempt from the Special Tax unless exempted by law or designated as Non - Taxable Parcel(s). PREPAYMENT OF THE SPECIAL TAX The Special Tax may not be prepaid. 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 n 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 adjusted 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, including setting the annual Special Tax Requirement, waiving all or a portion of penalties and interest on delinquent Special Taxes, and determining primary and supplemental billing method for the Special Taxes. n A-5 _] l a a 1 i Wo AMENDED BOUNDARY MAP-ANNEXAT