HomeMy WebLinkAbout2001-06-26 - RESOLUTIONS - SC BUSINESS PARK CFD (2)ORDINANCE NO. CFD 99-1-3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY
OF THE CITY OF SANTA CLARITA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(SANTA CLARITA BUSINESS PAR1Q
AMENDING ORDINANCE NOS. CFD 99-1-1 AND 99-1-2
WHEREAS, on November 30, 1999, the City Council (the "Council") of the City of
Santa Clarita, California (the "City"), acting as the legislative body of the City of Santa
Clarita Community Facilities District No. 99-1 (the "CFD"), adopted Ordinance No. CFD
99-1-1, authorizing the levy of a special tax within the CFD, pursuant to the Mello -Roos
Community Facilities Act of 1982, as amended (the "Act"); and
WHEREAS, the Council received a consent to annex certain of the designated future
annexation area ("Annexation No. 1") into the CFD, and on January 25, 2000, the Council
annexed Annexation No. 1 into the CFD; and
WHEREAS, the Council did declare its intention, and thereafter hold an election
and approve certain modifications to the CFD, namely, the prioritization of certain
authorized facilities, the amendment of the rate and method of apportionment, and the
reduction of the authorization of indebtedness to be issued by the CFD from a maximum
aggregate principal amount of $33,000,000 to $18,000,000; and
WHEREAS, the Council did declare its intention, and thereafter hold an election,
and subject to certain conditions as to its effectiveness, did approve certain modifications to
the CFD, namely, the elimination of certain properties, the substitution of authorized
facilities, the modification of the rate and method of apportionment of the special taxes, and
the elimination of the authorization of bonded indebtedness of the CFD; and
WHEREAS, on June 12, 2001, the Council adopted a Resolution (the `Resolution of
Change"), authorizing the changes to the CFD and approving an Amended CFD Report,
including an Amended Rate and Method ("Amended RMA").
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA
COMMUNITY FACILITIES DISTRICT NO. 99-1 (SANTA CLARITA BUSINESS PARI),
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Following the date the changes approved by the election held on
June 12, 2001 become effective, Ordinance No. CFD 99-1-1 and Ordinance No. CFD No.
99-1-2 are hereby amended as follows:
a. All references to Exhibit "A," consisting of the rate and method of apportionment,
in Sections 1 and 2, shall refer to the Amended RMA attached hereto as Exhibit
"A."
b. All references to Resolution No. CFD 99-3, in Section 3 of Ordinance No. CFD
99-1-1, shall also include the Resolution of Change.
c. All references to the CFD shall refer to the amended boundaries of the CFD as
approved by the Resolution of Change.
SECTION 2. Except as otherwise amended in Section 1 above, Ordinance Nos. CFD
99-1-1 and Ordinance No. CFD 99-1-2 remains in full force and effect.
SECTION 3. The Mayor shall sign this Ordinance, and the City Clerk shall attest to
such signature. The City Clerk is directed to cause the title and summary or text of this
Ordinance, together with the vote thereon, to be published within fifteen (15) days after its
passage, at least once in a newspaper of general circulation, published and circulated
within the territorial jurisdiction of the City, and to post at the main office of the City a
certified copy of the full text of the adopted Ordinance, along with the names of the
Councilmembers voting for and against the Ordinance.
SECTION 4. This Ordinance relating to the levy of the special tax, takes effect and
shall be in force immediately after the date of final passage, pursuant to Section 36937(a) of
the California Government Code.
PASSED AND APPROVED this 26' day of June 2001.
ATTEST:
34-4x� A QW<D.,,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. CFD 99-1-3 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council, acting as the legislative body of the City of
Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park) on the
12' day of June 2001. That thereafter, said Ordinance was duly passed an adopted at a
regular meeting of the City Council on the 26' day of June 2001 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Kellar, Ferry, Smyth, Darcy, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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EXHIBIT A
AMENDED AND RESTATED
COMMUNITY FACILITIES DISTRICT REPORT
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
CITY OF SANTA CLARITA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(SANTA CLARITA BUSINESS PARI
APRIL 24, 2001
I.
WHEREAS, the City Council of the City of Santa Clarita (hereinafter referred to as the
"Council" did, pursuant to the provisions of the "Mello -Roos Community Facilities Act of
1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California (hereinafter referred to as the "Act'), and specifically Section 53321.5 thereof,
expressly order and approve a written report in connection with the formation of a community
facilities district known as City of Santa Clarity Community Facilities District No. 99-1 (Santa
Clarita Business Park) (hereinafter referred to as "CFD No. 99-1") and
WHEREAS, said report was amended and restated on April 20, 2000, and, pursuant to a
Resolution of Consideration of Certain Changes to the CFD No. 99-1 (the "Resolution of
Consideration") adopted by the Council is hereby again amended and restated (the "Amended
Report") to propose (a) the elimination of certain property from the District; (b) the substitution
of public facilities; (c) the modification of the rate and method of apportionment and, (d) the
elimination of authorized debt for CFD No. 99-1; and
WHEREAS, the Resolution of Intention of the Council to Establish Community Facilities
District No. 99-1 (Santa Clarita Business Park) and to Authorize the Levy a Special Tax within
Community Facilities No. 99-1 (hereinafter referred to as the "Resolution of Intention") and the
Resolution of Consideration did direct that said Report generally contain the following:
1. A brief description of the public facilities by type which are to be
substituted and which are required to meet the needs of CFD No. 99-1;
and
2. An estimate of the cost for providing the public facilities and an estimate
of the fair and reasonable cost of completed facilities.
NOW, THEREFORE, I the Director of Administrative Services, on behalf of the officers of the
City of Santa Clarita, directed to prepare this Amended Report or cause this Amended Report to
be prepared pursuant to the provisions of the Act, do hereby submit this Amended Report.
U. PROTECT DESCRIPTION
The purpose of CFD No. 99-1 is to finance a portion of the design, construction, improvement
and/or acquisition of certain public facilities consisting of an interchange which benefit the
property within CFD No. 99-1. The public facilities to be financed by CFD No. 99-1 are
described in Section III below.
CFD No. 99-1 is proposed to be amended to consist of approximately 65 gross acres, thereby
eliminating the Ruether Avenue Business Park project and certain other parcels currently within
the boundaries of CFD No. 99-1. An amended boundary map for CFD No. 99-1 is described in
Section VI below.
M. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES
A. Description of Proposed Public Improvements
A CFD may provide for the purchase, construction, expansion or rehabilitation of any real or
tangible property, including public facilities and infrastructure improvements, with an estimated
useful life of five (5) years or longer, which is necessary to meet the increased demands placed
upon local agencies as a result of development or rehabilitation occurring within the community
facilities district. In addition, a CFD may pay in full all amounts necessary to eliminate any
fixed special assessment liens or to pay, repay, defense any obligation to pay for any
indebtedness secured by any tax, fee, charge or assessment levied within the area of the CFD.
The facilities described in this Amended Report are all facilities which the City or a public
agency is authorized to own, construct or contribute revenue to, and which are required, in part,
to meet the needs of CFD No. 99-1.
The improvements which may be financed consist of road improvements for the intersection at
Golden Valley Road and Soledad Canyon Road, bounded by the northern tract line of Tentative
Tract 42670 at Golden Valley Road through the on and off -ramps of the bridge structure to
Soledad Canyon Road and any direct or indirect interim improvements constructed to facilitate
the above-described road improvements, including the widening of the at -grade crossing of
Soledad Canyon Road and Golden Oak Road, Ruether Avenue and Rainbow Glen Drive. These
improvements shall be either an at -grade crossing or a grade separation crossing and shall
improve access between Soledad Canyon Road and the property located within CFD No. 99-1.
The improvements do not include any extension of Golden Valley Road that crosses over the
Santa Clara River or connects to Newhall Ranch Road or any portion thereof. The
improvements do include direct and indirect incidental expenses for the public facilities
including the costs of planning and designing the public facilities, environmental evaluations,
and administering CFD No. 99-1.
This list of facilities is substituted for the list of facilities described in earlier reports and shall be
the only facilities authorized for CFD No. 99-1. It is not anticipated that CFD funds shall be
adequate to finance all authorized facilities. The Special Taxes required to pay for a portion of
the design, construction, acquisition or financing of said facilities will be apportioned as
described in the Amended Rate and Method of Apportionment of the Special Tax for CFD No.
99-1.
B. Estimated Cost of Proposed Public Improvements
The facilities and the estimated costs herein are subject to review and confirmation. The costs
listed in Table 1 below are estimates only, based upon current construction estimates and the
actual approved type of structure for the improvements and their actual costs may differ from
those estimates herein. It is not anticipated that CFD funds shall be adequate to finance all
improvement costs.
TABLE 1
Improvements(a)
Estimated Cost
Golden Valley Road/Soledad Canyon Road Interchange
Design
$ 1,000,000
Right -of Way
6,900,000
Construction
15,830,000
Construction Management/Inspection
1,000,000
Contingency (20% of Construction)
3,166,000
SubTotal
$27,896,000
Interim Improvements(b) .
$ 400,000
TOTAL
$28,296,000
(a) Costs are based on a grade -separated crossing. The ultimate City -approved structure may be
either an at -grade crossing or a grade -separation crossing.
(b) Consists of widening of the at -grade crossing of Soledad Canyon Road and Golden Oak
Road, Ruether Avenue and Rainbow Glen Drive.
IV. BONDED INDEBTEDNESS
The maximum authorized bonded indebtedness for CFD No. 99-1 is $0. Upon recordation of the
amended lien for CFD No. 99-1, the previously authorized bonded indebtedness is eliminated.
V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All of the property located within CFD No. 99-1, unless exempted by law or by the Amended
Rate and Method, shall be taxed for the purpose of providing a portion of the authorized
facilities. Pursuant to Section 53325.3 of the Act, the tax imposed `tis a special tax and not a
special assessment, and there is no requirement that the tax be apportioned on the basis of benefit
to any property." The Special Tax "may be based on benefit received by parcels of real property,
the cost of making facilities or authorized services available to each parcel, or other reasonable
basis determined by the legislative body," although the Special Tax may not be apportioned on
an ad valorem basis pursuant to Article XMA of the California Constitution.
As shown on Exhibit A, the adopted Amended Rate and Method of Apportionment provides
information sufficient to allow each property owner within CFD No. 99-1 to estimate the
maximum Special Tax he or she will be required to pay.
VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of CFD No. 99-1 include all land on which the Special Taxes may be levied. A
map of the area included within CFD No. 99-1 is provided as Exhibit B.
VII. GENERAL TERMS AND CONDITIONS
A. Substitute Facilities
The description of the public facilities, as set forth herein, is general in nature. The final nature,
location, and costs of improvements and facilities will be determined upon the preparation of
final plans and specifications, The final plans and specifications may show substitutes, in lieu of
or modifications to the proposed work in order to accomplish the work of improvement, and any
such substitution shall not be a change or modification in the proceedings as long as the facilities
provide a service substantially similar to that set forth in this Amended Report.
B. Anneals
Any landowner that feels the amount of the Special Tax is in error may file a written notice with
CFD No. 99-1 appealing the levy of the Special Tax. As appropriate, a representative of CFD
No. 99-1 will then review the appeal and, if necessary, meet the appellant. If the findings of the
representative verify that the amount of the Special Tax should be modified or changed, then, as
appropriate, the Council or its designee may correct the Special Tax levy.
C. Prepayment of Special Tax
The Special Tax applicable to an Assessor's Parcel may be prepaid in whole or in part prior to
the date such tax is due. An owner of an Assessor's Parcel intending to prepay shall provide)
CFD No 99-1 with written notice of intent to prepay. With respect to an Assessor's Parcel which
is fully prepaid or has made payment in full, CFD No. 99-1 shall cause a suitable notice to be
recorded in compliance with the Act, to indicate full prepayment or payment in full of the
Special Tax and release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
—E Xrn: IT A
AMENDED RATE AND METHOD OF APPORTIO
The Special Tax in full as set forth on the following table for each Assessor's Parcel shall be due
and payable to CFD No. 99-1 immediately prior to the issuance of a building permit by the City
of Santa Clarita for such Assessor's Parcel.
An "Assessor's Parcel" shall mean a lot or parcel shown in an official map of the County
Assessor for the County of Los Angeles designating parcels by Assessor's parcel numbers.
The Special Taxes have been allocated based on gross acreage of the Assessor's Parcel. An
Assessor's Parcel may be split into one or more new Assessor's Parcels and the Special Tax
assigned to the original Assessor's Parcel shall be allocated to the new Assessor's Parcels
proportionately based on gross acreage.
The following Table sets forth the amount of the Special Tax due for each Assessor's Parcel.
CFD #
Assessor's
Parcel #
Gross
Acreage
Special Tax /
Gross Acre
Special Tax
Due
1
2836-015-02_ Lot 1
10.280
$34,313.65
$352,745.24
2
2836-015-02_ Lot 2
5.950
$34,313.65
$204,166.66
3
2836-015-02_ Lot 3
4.080
$34,313.65
$140,000.15
4
2836-015-02_ Lot 4
2.863
$34,313.65
$ 98,236.03
5
2836-015-02_ Lot 5
3.880
$34,313.65
$133,137.41
6
2836-015-02_ Lot 6
3.470
$34,313.65
$119,068.46
7
2836-015-02_Lot 7
3.940
$34,313.65
$135,195.76
8
2836-015-02_ Lot 8
4.290
$34,313.65
$147,205.56
9
2836-015-02_ Lot 9
4.100
$34,313.65
$140,686.27
10
2836-015-02 Lot 10
4.440
$34,313.65
$152,352.62
11
2836-015-02_ Lot 79
6.480
$34,313.65
$222,352.62
12
2836-015-02_Lot 80
5.440
$34,313.65
$186,666.34
13
2836-015-02_Lot 81
5.630
$34,313.65
$193,186.42
64.843
$2,225,000.00
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The following Table sets forth the amount of the Special Tax due for each Assessor's Parcel.
Special Tax /
Assessor's Parcel
Gross
Gross Square
Gross Square
CFD #
Number
Acreage
Footage
Footage
Special Tax Due
1
2836-015-02_ Lot 1
10.28
447,796.80
$34,699.20
$356,707.78
2
2836-015-02_ Lot 2
5.95
259,182.00
$34,699.20
$206,460.24
3
2836-015-02_ Lot 3
4.08
177,724.80
$34,699.20
$141,572.74
4
2836-015-02_ Lot 4
2.863
124,712.28
$34,699.20
$99,343.81
5
2836-015-02_ Lot 5
3.88
169,012.80
$34,699.20
$134,632.90
6
2836-015-02_ Lot 6
3.47
151,153.20
$34,699.20
$120,406.22
7
2836-015-02_ Lot 7
3.94
171,626.40
$34,699.20
$136,714.85
8
2836-015-02_ Lot 8
4.29
186,872.40
$34,699.20
$148,859.57
9
2836-015-02_ Lot 9
4.1
178,596.00
$34,699.20
$142,266:72
10
2836-015-02_ Lot 10
4.44
193,406.40
$34,699.20
$154,064.45
11
2836-015-02_ Lot 79
6.48
282,268.80
$34,699.20
$224,850.82
12
2836-015-02_ Lot 80
5.44
236,966.40
$34,699.20
$188,763.65
13
2836-015-02_ Lot 81L33
245,242.80
$34,699.20
$195.356.50
64.843
2,824,561.08
$2,250,000.23