HomeMy WebLinkAboutAGENDA REPORT 2025 0416 CC REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 16, 2025
ACTION STAFF RECOMMENDATION NOT
ADOPTED. DIRECTION TO STAFF TO
RETURN AT THE NEXT MEETING WITH A
REVISED BOUNDARY MAP REMOVING THE
CITYWIDE COMMUNITY FACILITIES
DISTRICT (CFD) AND FORMING A STAND-
ALONE CFD FOR THE BELTRAMO RANCH
PROJECT.
FURTHER DIRECTION TO STAFF TO INITIATE
PREPARATION OF A FISCAL IMPACT
ANALYSIS WHICH INCLUDES POLICE
SERVICES IN A CITYWIDE CFD AND RETURN
WITH THE ANALYSIS AT A FUTURE DATE.
BY A. Hurtado.
A. Consider Resolution of Intention to Establish Community Facilities District No.
2025-1 (Citywide Maintenance CFD), Including a Future Annexation Area and
Initial Tax Zone No. 1 and Setting a Public Hearing for May 21, 2025, for Formation
of CFD 2025-1. Staff Recommendation: 1) Accept the Petition, Consent, and
Waiver from the landowner requesting the formation of a Community Facilities
District ("CFD") to fund certain municipal services; and 2) Adopt Resolution No.
2025-__, Declaring Intention to Establish Community Facilities District No. 2025-1
(Citywide Maintenance CFD), including the designation of a Future Annexation
Area and establishment of initial Tax Zone No. 1 (Beltramo Ranch Development),
and to authorize the levy of a special tax to fund certain services; and 3) Set a
public hearing for May 21, 2025, at 6:30 p.m., in the City Council Chambers, to
consider the formation of the CFD, designation of the Future Annexation Area, and
the levy of the special tax; and 4) Direct the City Clerk to publish a notice of public
hearing regarding the formation of the CFD in accordance with Government Code
Section 53322. (Staff: Jeremy Laurentowski, Parks and Recreation Director)
(ROLL CALL VOTE REQUIRED)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 04/16/2025 Regular Meeting
SUBJECT: Consider Resolution of Intention to Establish Community Facilities
District No. 2025-1 (Citywide Maintenance CFD), Including a Future
Annexation Area and Initial Tax Zone No. 1 and Setting a Public
Hearing for May 21, 2025, for Formation of CFD 2025-1
BACKGROUND
The City has a long standing history of forming Landscape Maintenance Districts (LMD’s)
to cover the costs of certain improvements. Initially, in 1984, a Landscaping and Lighting
Maintenance Assessment District No. AD 84-2 (AD 84-2), encompassing the entire City,
was created to fund costs associated with street lighting and the maintenance of various
landscaped areas in the City. This was a successor to the District enacted by the County
of Ventura prior to the incorporation of the City. In subsequent years, Zones of Benefit
(Zones) were added to fund improvements and the maintenance of certain specific areas.
Later, these Zones were changed to Districts 1 through 12. Since 1984, as new
developments have been built, the City has formed additional Districts to fund the
maintenance of certain landscape improvements.
Although the creation and the management of City’s LMD’s has generally been
successful, they do not offer the flexibility that the City will need to fund improvements as
we move towards ultimate build-out. This is due to the fact that the City does not have
the financial capacity to subsidize maintenance costs associated with future development,
such as street maintenance, public parks, or other improvements within the City’s rights-
of-way. However, Community Facilities Districts (CFD’s) offer a similar methodology to
taxing parcels, while allowing for a greater range of authorized improvements and
services.
The Mello-Roos Community Facilities Act of 1982 (the “Act”) authorizes the City to form
a CFD to finance the cost of providing essential municipal services (“Services”)
associated with new development. These services include the annual operation and
maintenance, including repair and replacement of, parks, open space, wetlands,
Item: 9.A.
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landscape corridors, and other landscaped areas, storm drainage facilities, roads, street
lighting, pathways, trails, recreational facilities, monument signage, decorative features,
public artwork, and associated infrastructure within the CFD, and any other miscellaneous
or incidental services identified by the City necessary to provide the services including
the collection and accumulation of funds to pay for anticipated services, future repairs
and replacements and cost shortfalls.
In 2018, staff presented an agenda report to the City Council regarding the advantages
of CFD’s. The City Council ultimately authorized staff to utilize CFDs for City government
services instead of LMDs when entering into new Development Agreements.
DISCUSSION
In keeping with Council direction, the City is moving forward with the creation of a City-
wide Maintenance Community Facilities Districts (City-wide CFD). The City-wide CFD is
being structured with the potential to expand through future annexation areas. As new
developments are built in the City, they will be added to the City-wide CFD as Tax Zones.
Future annexations into the CFD will be conducted pursuant to the Unanimous Approval
process, authorized by Government Code Section 53339.3. This process allows parcels
within the designated Future Annexation Area to join the CFD without a separate public
hearing or election, provided the owner(s) of the annexing parcels consent in writing via
a Unanimous Approval Form.
Each annexed parcel will be assigned to a new Tax Zone, and a maximum special tax for
that zone will be established as defined in the CFD’s Rate and Method of Apportionment
and the signed Unanimous Approval Form. This mechanism provides flexibility for future
growth while maintaining transparency and fiscal accountability.
The City has received a petition from 100% of the landowners of the property proposed
for inclusion in the Community Facilities District, requesting the initiation of proceedings
for the formation of Community Facilities District No. 2025-1 (Citywide Maintenance
CFD). The CFD is proposed to fund the ongoing operation, maintenance, and services
associated with new development. Tax Zone No. 1 consists of approximately 7.38 acres
within the Beltramo Ranch residential development, located at the southeast corner of
Los Angeles Avenue and Beltramo Ranch Road. The Zone includes 47 single-family
detached residential units at buildout. The land is owned by KB Home of Greater Los
Angeles, Inc.
•Assessor’s Parcel Numbers (APNs): 504-0-021-195, 506-0-030-045, 506-0-030-055,
506-0-030-210, 506-0-030-220, and 506-0-030-235
For Fiscal Year (FY) 2025/26 (Base Year), the maximum annual special tax rate for
developed residential property within Tax Zone No. 1 is $350.00 per residential unit.
Based on the planned 47 residential units in the Beltramo Ranch Development, the
projected maximum annual special tax revenue at buildout is $16,450. These funds will
be used exclusively to support the public services identified in the CFD’s Description of
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Services. The maximum tax rate is subject to annual inflation adjustments per the Rate
and Method of Apportionment.
Should the Council approve these actions tonight, the following steps are necessary to
be taken to complete the formation of Community Facilities District No. 2025-1 (Citywide
Maintenance CFD) with Tax Zone 1 (Beltramo Ranch):
•April 16, 2025 – The approved boundary map for the CFD and Future Annexation
Area will be recorded with the Ventura County Recorder.
•April 16, 2025 – The official landowner ballot will be mailed to the property
owner(s).
•Week of May 5, 2025 – Notice of the public hearing will be published.
•May 21, 2025 at 6:30 p.m. –
o Public hearing on CFD formation
o Council adoption of the Resolution of Formation and Resolution Calling
Election
o Ballot tabulation and announcement of results
o Adoption of Resolution Declaring Election Results and first reading of the
CFD Ordinance
•June 4, 2025 at 6:30 p.m. – Second reading and adoption of the CFD Ordinance;
adoption of Resolution Setting the Special Tax Rates for FY 2025/26
•By June 6, 2025 – Recordation of the Notice of Special Tax Lien by the City Clerk
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 (b)(4) of the State CEQA Guidelines
because this action only authorizes a government funding mechanism for services and
does not approve or authorize physical changes to the environment. Therefore, no further
environmental review is required
FISCAL IMPACT
There is no impact on the City’s General Fund. All costs associated with the formation
and administration of the CFD will be paid from special taxes levied within the CFD or
funded by the applicant.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1.Accept the Petition, Consent, and Waiver from the landowner requesting the
formation of a Community Facilities District (“CFD”) to fund certain municipal
services; and
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2.Adopt Resolution No. 2025-___, Declaring Intention to Establish Community
Facilities District No. 2025-1 (Citywide Maintenance CFD), including the
designation of a Future Annexation Area and establishment of initial Tax Zone
No. 1 (Beltramo Ranch Development), and to authorize the levy of a special tax to
fund certain services; and
3.Set a public hearing for May 21, 2025, at 6:30 p.m., in the City Council Chambers,
to consider the formation of the CFD, designation of the Future Annexation Area,
and the levy of the special tax; and
4.Direct the City Clerk to publish a notice of public hearing regarding the formation
of the CFD in accordance with Government Code Section 53322.
Attachment 1: Draft Resolution No. 2025-____ Declaring Intention to Establish CFD
No. 2025-1
Exhibit A – Description of Services to be Funded by the CFD
Exhibit B – Rate and Method of Apportionment of the Special Tax
Attachment 2: Map of CFD Boundary and Future Annexation Area
Attachment 3: Petition, Consent, and Waiver from Landowner
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RESOLUTION NO. 2025-____
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF MOORPARK, CALIFORNIA, TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT AND DESIGNATE A
FUTURE ANNEXATION AREA TO FUND CERTAIN
SERVICES
CITY OF MOORPARK
Community Facilities District No. 2025-1
(Citywide Maintenance CFD)
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311 of
the California Government Code, this City Council (the "Council") of the City of Moorpark
(the "City") is authorized to establish a Community Facilities District and designate a future
annexation area with respect to the Community Facilities District and to act as the legislative
body for such Community Facilities District; and
WHEREAS, the City desires to proceed with the establishment of a Community
Facilities District in order to provide funding for the annual operation and maintenance,
including repair and replacement of, parks, open space, wetlands, landscape corridors, and
other landscaped areas, storm drainage facilities, roads, street lighting, pathways, trails,
recreational facilities, monument signage, decorative features, public artwork, and
associated infrastructure within the CFD, and any other miscellaneous or incidental services
identified by the CFD necessary to provide the described Services herein including the
collection and accumulation of funds to pay for anticipated Services, future repairs and
replacements and cost shortfalls; and
WHEREAS, on July 21, 2004, by Resolution No. 2004-2225, the City Council
adopted revised local goals and policies concerning the use of the Act; and
WHEREAS, the City Council has received a petition(s) from ONE HUNDRED
PERCENT (100%) of the landowners within the proposed Community Facilities District, in
accordance with the requirements of Sections 53318 and 53319 of the Act, requesting that
the City initiate proceedings to establish a Community Facilities District pursuant to the Act
for the purpose of funding the costs of services described above to be provided by the City
which are necessary to meet increased service demands resulting from the development
of the landowners’ property in the proposed Community Facilities District; and
WHEREAS, the City Clerk has certified that the petition(s) presented to the City
Council complies with the requirements of Sections 53318 and 53319 of the Act; and
WHEREAS, pursuant to Section 53339.2 of the Act, this City Council further desires
to undertake proceedings to provide for future annexation of territory to the proposed
Community Facilities District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
ATTACHMENT 1
102
SECTION 1. Recitals. The foregoing recitals are true and correct and are
incorporated herein.
SECTION 2. Authority. This Council hereby determines that public convenience
and necessity require and hereby proposes to conduct proceedings to establish a
Community Facilities District pursuant to the Act and provide for the future annexation of
territory to the Community Facilities District pursuant to the Act.
SECTION 3. Name of Community Facilities District and Future Annexation Area.
The name of the proposed Community Facilities District is the "City of Moorpark Community
Facilities District No. 2025-1 (Citywide Maintenance CFD)" (the "CFD"). The name of the
territory proposed to be annexed into the CFD in the future is "City of Moorpark Community
Facilities District No. 2025-1 (Citywide Maintenance CFD) Future Annexation Area" ("Future
Annexation Area").
SECTION 4. Boundaries Described. The proposed boundaries of the CFD and
Future Annexation Area are as shown on the maps on file with the City Clerk, which
boundaries are hereby preliminarily approved and to which maps reference is hereby made
for further particulars. The City Clerk is hereby directed to record, or cause to be recorded,
said maps of the proposed boundaries of the CFD and Future Annexation Area in the office
of the County Recorder of Ventura County (the "County") within fifteen days of the date of
adoption of this Resolution, but in any event at least fifteen days prior to the public hearing
specified in Section 10 below. Parcels within the Future Annexation Area shall be annexed
to the CFD only with unanimous approval (each, a "Unanimous Approval") of the owner or
owners of each parcel or parcels at the time that parcel or those parcels are annexed,
without any requirement for further public hearings or additional proceedings. The
boundaries of future annexed areas shall be recorded at the time of annexation for each
annexed area.
SECTION 5. Services. The type of services proposed to be funded by the CFD
pursuant to the Act shall consist of those items listed as Services (the "Services") on Exhibit
A attached hereto and hereby incorporated herein. The City Council hereby determines
that the Services are necessary to meet increased demands for such services placed upon
the City as the result of development occurring within the CFD and the Future Annexation
Area. The Services are in addition to those provided in the territory of the CFD as of the
date hereof and shall be in addition to those provided in the Future Annexation Area as of
the date of annexation and will not supplant services already available within the territory of
the CFD as of the date hereof or the Future Annexation Area as of the date of annexation.
SECTION 6. Special Tax. Except to the extent that funds are otherwise available
to the CFD to pay for the Services, a special tax (the "Special Tax") sufficient to pay the
costs thereof and incidental expenses, including the costs associated with the formation of
the CFD, determination of the amount of any Special Taxes, collection of any Special Taxes,
payment of any Special Taxes, or costs otherwise incurred in order to carry out the
authorized purposes of the CFD, secured by recordation of a continuing lien against all non-
exempt real property in the CFD, will be levied annually within the CFD in perpetuity, and
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collected in the same manner as ordinary ad valorem property taxes, or in such other
manner as this Council shall determine, including direct billing of the affected property
owners. If, at any time, the City Council determines that the Special Tax is no longer
required to fund the Services, the City shall take appropriate action to terminate the levy,
subject to any outstanding obligations. An amended continuing lien securing the Special
Tax levied within future annexed areas shall be recorded at the time of annexation for each
area.
The proposed rate and method of apportionment of the Special Tax among the
parcels of real property within the CFD (the "Rate and Method of Apportionment of the
Special Tax") in sufficient detail to allow each landowner within the proposed CFD to
estimate the maximum amount such owner will have to pay are described in Exhibit B
attached hereto and hereby incorporated herein. The Special Tax is apportioned to each
non-exempt parcel on the foregoing basis pursuant to Section 53325.3 of the Act.
This City Council hereby finds that the provisions of Section 53313.6, 53313.7, and
53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools
financed by a community facilities district) are inapplicable to the proposed CFD.
As required by Section 53339.3(d) of the Act, the City Council hereby determines
that the Special Tax proposed to pay for Services to be supplied within the Future
Annexation Area shall be equal to any Special Tax levied to pay for the same Services in
the existing CFD, except that a higher or lower tax may be levied within the Future
Annexation Area to the extent that the actual cost of providing the Services in the Future
Annexation Area is higher or lower than the cost of providing those Services in the existing
CFD. In so finding, this Council does not intend to limit its ability to levy a special tax within
the Future Annexation Area to provide new or additional services beyond those supplied
within the existing CFD.
SECTION 7. Exempt Property. Except as may otherwise be provided by law or by
the Rate and Method of Apportionment of the Special Tax for the CFD, all lands owned by
any public entity, including the United States, the State of California, the City, the County,
or any departments or political subdivisions thereof, shall be exempt from the levy of the
Special Tax. However, any leasehold or possessory interest in such public property that is
subject to taxation under applicable law shall not be considered exempt. In addition, a
property receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue
and Taxation Code shall be exempt from the Special Tax. In the event that a portion of the
taxable property within the CFD shall become for any reason exempt, wholly or in part, from
the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the
extent necessary upon the remaining property within the CFD which is not exempt in order
to yield the annual expenses of the CFD, subject to the provisions of the Rate and Method
of Apportionment of the Special Tax.
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SECTION 8. Voting Procedure. The levy of the Special Tax shall be subject to the
approval of the qualified electors of the CFD at a special election. The proposed voting
procedure shall be by mailed or hand-delivered ballot among the landowners in the
proposed CFD, with each owner having one vote for each acre or a portion of an acre such
owner owns in the CFD.
A special tax shall be levied in the Future Annexation Area only with the Unanimous
Approval of the owner or owners of each parcel or parcels at the time that parcel or those
parcels are annexed, without any requirement for further public hearings or additional
proceedings, unless required by law.
SECTION 9. CFD Public Hearing Report. The City Manager, as the officer who is
or will be responsible for providing the Services, or the designee of such official, is hereby
directed to study said proposed CFD and Services and to make, or cause to be made, and
file with the City Clerk and City Council, at or before the time of the public hearing specified
in Section 10, a report in writing ("CFD Public Hearing Report") presenting the following
information: (a) A brief description of the Services by type which will in his or her opinion be
required to meet the needs of the CFD adequately; (b) An estimate of the cost of providing
the Services; and (c) An estimate of the fair and reasonable cost of all incidental expenses
in connection therewith. The CFD Public Hearing Report shall be made a part of the record
of the public hearing specified below.
SECTION 10. Public Hearing. On May 21, 2025 at 6:30 p.m., or as soon as possible
thereafter, in the City Council Chambers located at the Moorpark City Hall, 323 Science
Drive, Moorpark, California, 93021, this Council, as the legislative body for the CFD, will
conduct a public hearing on the establishment of the CFD and Future Annexation Area and
consider and finally determine whether the public interest, convenience, and necessity
require the formation of the CFD and the designation of the Future Annexation Area and
the levy of the Special Tax. Future annexations shall occur in accordance with Government
Code Section 53339.3, without the need for additional public hearings or additional
proceedings, unless required by law.
SECTION 11. Notice of Public Hearing. The City Clerk is hereby directed to cause
notice of the public hearing to be given by publication pursuant to Government Code Section
6061 one time in a newspaper of general circulation published in the area of the proposed
CFD and the Future Annexation Area. The notice shall contain the information set forth in
Government Code Section 53322. The publication shall be completed at least seven days
before the date of the public hearing referenced in Section 10. The City Clerk may also
cause notice of the hearing to be given to each property owner within the CFD by first class
mail, postage prepaid, to each such owner's address as it appears on the most recent tax
records of the County or as otherwise known to the City Clerk to be correct. Such mailing
shall be completed not less than 15 days before the date of the public hearing.
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SECTION 12. Further Action. The City Council, the City Manager, the City Clerk,
and all other officers and agents of the City are hereby authorized and directed to take all
actions necessary or advisable to give effect to the transactions contemplated by this
Resolution.
SECTION 13. Effective Date. This Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this 16th day of April, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
________________________________
Ky Spangler, City Clerk
Exhibit A – Description of Services to be Funded by the CFD
Exhibit B – Rate and Method of Apportionment of the Special Tax
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EXHIBIT A
DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD
CITY OF MOORPARK
Community Facilities District No. 2025-1
(Citywide Maintenance CFD)
The types of services to be funded by the CFD ("Services") shall include the annual
operation and maintenance, including repair and replacement of, parks, open space,
wetlands, landscape corridors, and other landscaped areas, storm drainage facilities, roads,
street lighting, pathways, trails, recreational facilities, monument signage, decorative
features, public artwork, and associated infrastructure within the CFD, and any other
miscellaneous or incidental services identified by the CFD necessary to provide the
described Services herein including the collection and accumulation of funds to pay for
anticipated Services, future repairs and replacements and cost shortfalls.
It is expected that the Services will be provided by the City, either with its employees or by
contract with third parties or any combination thereof.
The Services to be funded by the CFD are in addition to those provided in the territory of
the CFD before the date of creation of the CFD and will not supplant services already
available within that territory when the CFD is created.
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF MOORPARK
Community Facilities District No. 2025-1
(Citywide Maintenance CFD)
A Special Tax authorized under the Mello-Roos Community Facilities Act of 1982
applicable to the land in the City of Moorpark Community Facilities District No. 2025-1
(Citywide Maintenance CFD) (the “CFD”) of the City of Moorpark (the “City”) shall be
levied and collected according to the tax liability determined by the City through the
application of the appropriate amount or rate described herein.
A.DEFINITIONS
“Accessory Unit” or “ADU” means an accessory dwelling unit as defined in
Government Code Section 65852.2 and as amended by state law. An Accessory Unit
is an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on the same parcel
as a proposed or existing primary residence. It includes permanent provisions for
living, sleeping, eating, cooking, and sanitation. Accessory Units may include
efficiency units and manufactured homes as defined in Section 18007 of the Health
and Safety Code. An Accessory Unit shall not be considered a Residential Unit for
purposes of this RMA.
“Acre” means each acre of the land area comprising an Assessor’s Parcel, as shown
on an Assessor’s Parcel Map. If the land area is not shown on an Assessor’s Parcel
Map, it shall be determined based on the applicable Final Map or other recorded
County parcel map. If none of these sources provide the necessary information, the
acreage may be determined using GIS-based parcel data or other reliable geographic
information systems.
“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.
“Administrative Expenses” means the actual or estimated costs incurred by the City
in carrying out its duties with respect to the CFD, including, but not limited to, costs to
determine, levy, and collect the Special Taxes, including the proportionate amount of
the salaries and benefits of City employees whose duties are directly related to the
administration of the CFD and the fees of CFD Administrator, other consultants, legal
counsel, the costs of collecting installments of the Special Taxes upon the County tax
rolls, costs related to property owner inquiries regarding the Special Tax, costs
associated with appeals or requests for interpretation associated with the Special Tax
and this RMA, costs associated with foreclosure and collection of delinquent Special
Taxes, and any other incidental costs authorized by the Act.
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“Annual Escalation Factor” means the percentage change in the Consumer Price
Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim area (“CPI-
U”), as published by the U.S. Department of Labor, Bureau of Labor Statistics,
measured from the most recent December to the prior December, or 4 percent,
whichever is greater. If the CPI-U at any time is no longer available, then a comparable
economic indicator, as reasonably determined by the City, shall be used.
“Annual Special Tax” means the annual Special Tax, determined in accordance with
Section D below, to be levied in the CFD in any Fiscal Year on any Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or a parcel shown on an Assessor’s
Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that
number assigned to such Assessor’s Parcel by the County for purposes of
identification.
“Base Year” means the initial Fiscal Year in which a Maximum Special Tax is
assigned to a Tax Zone.
“Building Permit” means a single permit or set of permits required to construct an
entire structure.
“Building Square Feet” or “BSF” means the total enclosed floor area of a structure
as measured from the exterior walls, including all stories and mezzanines, but
excluding parking structures, open patios, and other non-enclosed spaces. The
calculation of Building Square Feet shall be based on building permits, County
Assessor’s records, or other relevant sources as determined by the City.
“CFD” or “CFD No. 2025-1” means City of Moorpark Community Facilities District No.
2025-1 (Citywide Maintenance CFD).
“CFD Administrator” means the City Manager, or designee thereof, responsible for
determining and providing for the levy and collection of the Special Tax.
“City” means the City of Moorpark, California.
“Council” means the Council of the City of Moorpark, acting as the legislative body of
the City and the CFD.
“County” means the County of Ventura, California.
“County Assessor” means the County of Ventura Assessor.
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“Developed Nonresidential Property” means any Assessor Parcel of Developed
Property which is used for nonresidential purposes. This includes, but is not limited to,
retail, office, industrial, institutional, hotel, and other commercial uses.
“Developed Property” means all Assessor Parcels within the CFD for which a Building
Permit was issued prior to May 31st of the preceding Fiscal Year and where vertical
construction of one or more structures has occurred. Developed Property shall include
both Developed Residential Property and Developed Nonresidential Property, as
defined herein, but shall exclude Undeveloped Property and Tax Exempt Property.
“Developed Residential Property” means any Assessor Parcel of Developed
Property with one or more Residential Units. These Assessor’s Parcels may be
classified into one of the following groups: Single Family Detached Property, Single
Family Attached Property, and Multi-Family Residential Property.
“Fiscal Year” means the period starting July 1 and ending the following June 30.
“Future Annexation Area” means the area designated for potential annexation into
the CFD at a later date, as shown on the Future Annexation Area Boundary Map
recorded with the County Recorder.
“Land Use Classification” means any of the classes listed in Section B(1).
“Lot” means an individual legal parcel of land as designated on a recorded
subdivision map, parcel map, or other legal instrument recognized by the County
Assessor. For purposes of levying the Special Tax on Taxable Property that is
Undeveloped Property, each Lot shall be considered a separate taxable unit,
regardless of whether it has been assigned an Assessor’s Parcel Number or remains
part of a larger Assessor’s Parcel. If a parcel is subdivided or reconfigured after the
initial formation of the CFD or annexation, the number of Lots shall be determined
based on the most recent recorded map or other legally recognized subdivision of land
as of the date of the Special Tax levy.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in
accordance with Sections B and C below, that can be levied in the CFD in any Fiscal
Year on any Assessor’s Parcel.
“Multi-family Residential Property” means all Assessor Parcels of Developed
Residential Property with more than one Residential Unit, where the units are offered
for rent to the general public or are designated for use as a manager’s unit. These
Residential Units are not available for individual ownership and do not have separate
Assessor Parcel Numbers.
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“Open Space Property” means any property within the boundaries of the CFD (i)
which has been designated on a final subdivision map as open space, (ii) is classified
by the County Assessor as open space, (iii) has been irrevocably offered for
dedication as open space to the federal government, the State, the County, the City,
or any other public agency, or (iv) is encumbered by an easement or other restriction
by the City limiting the use of the property to open space.
“Owners Association Property” means any property within the boundaries of the
CFD owned by a homeowner association or property owner association, including any
master or sub-association.
“Proportionately” means for Taxable Property that the ratio of the actual Special Tax
levied in any Fiscal Year to the Maximum Special Tax Rate authorized to be levied in
that Fiscal Year is equal for all Assessor’s Parcels of Taxable Property.
“Public Property,” except as otherwise provided in Sections 54317.3 and 53317.5
of the Act, means any property within the boundaries of the CFD (i) which has been
dedicated on a final subdivision map as property which will be owned by a public
agency, (ii) owned by a public agency, or (iii) has been irrevocably offered for
dedication to a public agency. For purposes of this definition, a public agency includes
the federal government, the State of California, the County, or another public agency.
Notwithstanding the foregoing, a leasehold or other possessory interest in any such
property which is subject to taxation pursuant to Section 53340.1 of the Act shall not
constitute “Public Property.”
“Residential Unit” means each separate residential dwelling unit on an Assessor’s
Parcel that comprises an independent facility capable of conveyance or rental
separate from adjacent residential dwelling units. An Accessory Unit shall not be
considered a Residential Unit for the purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax.
“Services” means the services authorized to be funded by the CFD as described in
the Resolution of Intention for the CFD.
“Single-Family Attached Property” means all Assessor Parcels of Developed
Residential Property with two or more Residential Units that share common walls,
have separate Assessor’s Parcel Numbers assigned to them, and are available for
individual sale.
“Single-Family Detached Property” means all Assessor Parcels of Developed
Residential Property with a Residential Unit that does not share a common wall with
another Residential Unit.
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“Special Tax” means a Special Tax levied in any Fiscal Year to pay the Special Tax
Requirement.
“Special Tax Requirement” means the amount required in any Fiscal Year for the
CFD to 1) pay for the Services, 2) pay for Administrative Expenses, 3) pay any
amounts required to establish or replenish any reserve or replacement funds, and 4)
cure any delinquencies in the payment of Special Taxes which have occurred in the
prior Fiscal Year or pay for reasonably anticipated delinquent Special Taxes based on
the delinquency rate for Special Taxes levied in the previous Fiscal Year or as
projected by the CFD Administrator for the first levy year.
“State” means the State of California.
“Taxable Property” means any Assessor’s Parcel within the CFD that is not Tax-
Exempt Property.
“Tax-Exempt Property” means Public Property, Owners Association Property, Open
Space Property, Welfare Exempt Property, and property with public or utility
easements making their utilization impractical for any other use than the purposes set
forth in the easement.
“Tax Zone” means a mutually exclusive geographic area within which the Special
Tax may be levied pursuant to this RMA. All Taxable Property within the CFD at the
time of its formation is within the Tax Zone specified in Section B2. Additional Tax
Zones may be created when territory is annexed to the CFD, and a separate Maximum
Special Tax may be identified for Taxable Property within the new Tax Zone at the
time of such annexation. The Assessor’s Parcels included within a new Tax Zone
when such Parcels are annexed to the CFD shall be identified by the Assessor’s
Parcel numbers in the Unanimous Approval Form that is signed by the owner(s) of the
Parcels.
“Undeveloped Property” means any Assessor’s Parcel which is not Tax-Exempt
Property and for which no Building Permit has been approved and issued by May 31
of the previous Fiscal Year.
“Unanimous Approval Form” means that form executed by the record owner of fee
title to a Parcel or Parcels of Taxable Property annexed into the CFD that constitutes
the property owner’s approval and a unanimous vote in favor of annexing into the CFD
and the levy of Special Tax against their Parcel or Parcels pursuant to this RMA.
“Welfare Exempt Property” means any Assessor’s Parcel that has been granted a
welfare exemption by the County under subdivision (g) of Section 214 of the Revenue
and Taxation Code. Welfare Exempt Property shall be exempt from the Special Tax
in each Fiscal Year, and the property qualifies as Welfare Exempt Property.
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B. DETERMINATION OF MAXIMUM SPECIAL TAX
The Maximum Special Tax shall be calculated for each Tax Zone as follows:
1. Classification of Parcels. Each Fiscal Year, using the Definitions above and
the Parcel records of the County Assessor’s Secured Tax Roll of July 1, the
CFD Administrator shall cause each Parcel of land in the CFD to be classified
as Taxable Property or Tax-Exempt Property. Taxable Property shall be further
classified as Developed Residential Property, Developed Nonresidential
Property, and Undeveloped Property. Developed Residential Property may be
further classified as Single-Family Detached Property, Single-Family Attached
Property, and Multi-Family Residential Property.
2. Assignment of Maximum Special Tax. Each Fiscal Year, the Base Year
Maximum Special Tax shall be escalated as specified in Section C, Annual
Adjustment of Maximum Special Tax, to determine the Maximum Special Tax
for the upcoming Fiscal Year for each Land Use Classification in a Tax Zone.
A different Maximum Special Tax Rate may be identified in Tax Zones added
to the CFD as a result of future annexations. The Maximum Special Tax for
each Assessor’s Parcel of Taxable Property within Tax Zone 1 shall be
assigned according to Table 1 below.
TABLE 1
MAXIMUM SPECIAL TAX RATES – TAX ZONE NO. 1 (Beltramo Ranch)
BASE YEAR 2025-26
Land Use Classification Base Year Maximum Special Tax
Developed Residential Property $350.00 per Residential Unit
Developed Nonresidential Property $350.00 per Lot
Undeveloped Property $350.00 per Lot
Tax-Exempt Property $0.00
3. Tax Zones. Annexations of territory shall result in the establishment of new
Tax Zones and shall specify the Maximum Special Tax Rates and the Base
Year for each Tax Zone.
C. ANNUAL ADJUSTMENT OF MAXIMUM SPECIAL TAX
Beginning in January 2026, and each January thereafter, the Maximum Special Tax
for all Tax Zones shall be adjusted by the Annual Escalation Factor, with each
adjustment taking effect in the following Fiscal Year.
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D.DETERMINATION OF THE ANNUAL SPECIAL TAX
The Council will determine the Special Tax Requirement and will levy the Annual
Special Tax Proportionately each Fiscal Year on each Assessor’s Parcel of Developed
Residential Property and Developed Nonresidential Property up to one hundred
percent of the applicable Maximum Special Tax to fund the Special Tax Requirement.
If additional revenues are needed to fund the Special Tax Requirement, the Annual
Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped
Property up to one hundred percent of the Maximum Special Tax for Undeveloped
Property to fund the Special Tax Requirement.
The amount of Annual Special Tax levied upon any Developed Residential Property,
Developed Nonresidential Property, and Undeveloped Property in any Fiscal Year
shall not exceed the Maximum Special Tax for such Fiscal Year as computed herein.
E.DURATION OF THE SPECIAL TAX
Assessor’s Parcels in the CFD shall remain subject to the Special Tax in perpetuity as
needed to fund the annual Special Tax Requirement. If the Special Tax ceases to be
levied, the CFD Administrator shall direct the County Recorder to record a Notice of
Cessation of Special Tax. Such notice will state that the obligation to pay the Special
Tax has ceased and that the lien imposed by the Notice of Special Tax Lien is
extinguished.
F.PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G.APPEALS AND INTERPRETATION PROCEDURE
Any property owner who believes that the Special Tax levied on their property is in
error must be current on all Special Tax payments and must submit a written appeal
no later than April 10 of the Fiscal Year in which the levy occurred. The appeal must
clearly specify the grounds upon which the owner believes the Special Tax is
erroneous. Appeals must be submitted to the CFD Administrator. The CFD
Administrator will promptly review the appeal and may meet with the property owner
to assess its merits. If it is determined that the Special Tax was levied in error, the levy
shall be corrected for future Fiscal Years. If applicable, a credit against future Special
Tax obligations will be applied. All corrections shall be made through adjustments to
future Special Tax levies; no cash refunds will be issued. Any disagreement with the
decision of the CFD Administrator may be appealed to the City Council. The Council’s
decision shall be final and binding on all parties.
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Interpretation may be made by Resolution of the Council for purposes of clarifying
any vagueness or uncertainty as it relates to the application of the Special Tax rate,
the application of the method of apportionment, the classification of properties, or
any definition applicable to the CFD so long as such clarification does not materially
affect the levy and collection of the Special Tax.
H. COLLECTION OF THE SPECIAL TAX
The Special Tax shall be collected each year in the same manner and at the same
time as ad valorem property taxes are collected and shall be subject to the same
penalties and lien priorities in the case of delinquency as is provided for ad valorem
taxes. The City shall cause the actions required above to be done for each Fiscal Year
in a timely manner to ensure that the County Tax Collector receives the schedule of
the Special Taxes to be collected for inclusion with billings for such ad valorem taxes
for the applicable Fiscal Year. However, the CFD Administrator may directly bill the
Special Tax and may collect Special Taxes at a different time or in a different manner
if necessary to meet the financial obligations of the City or as otherwise determined
appropriate by the CFD Administrator.
I. ANNEXATION OF TERRITORY
Any territory to be annexed to the CFD shall be subject to payment of any costs
incurred by the City in conducting the annexation process.
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ATTACHMENT 2
116
117
PETITION, CONSENT AND WAIVER
PETITION, CONSENT, AND WAIVER OF OWNERS OF PROPERTY
REGARDING THE PROPOSED FORMATION OF THE CITY OF
MOORPARK COMMUNITY FACILITIES DISTRICT NO. 2025-1
(CITYWIDE MAINTENANCE CFD) REGARDING CERTAIN TIME LIMITS
AND PROCEDURAL REQUIREMENTS WITH RESPECT TO A SPECIAL
LANDOWNER ELECTION
To: Honorable City Council
City of Moorpark
323 Science Drive
Moorpark, CA 93021
Attn: Ky Spangler, City Clerk
Council Members:
The undersigned is the owner (or duly authorized representative thereof) of all of
the real property identified in Exhibit A, attached hereto and incorporated herein by
reference (the "Property"), and hereby requests that the City of Moorpark (the "City")
initiate proceedings for the formation of City of Moorpark Community Facilities District
No. 2025-1 (Citywide Maintenance CFO) (the "CFO") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (Sections 53311, et seq., California
Government Code) (the "Act"), and hereby respectfully petitions, warrants and certifies
to the City as follows:
1. The undersigned requests that the Property be included in the formation of the
CFO and that the City take all steps necessary to complete the formation of the
CFO and to levy a special tax therein (the Special Tax"") for the purpose of
financing the public services (the Services"") described in Exhibit B attached
hereto and incorporated herein by reference, which are necessary to meet
increased service demands resulting from the development of the Property, and
incidental expenses.
2. The undersigned hereby certifies that as of the date indicated above their
signature, the landowner listed herein is the owner of the Property. The
undersigned further certifies that there are no persons residing on the Property
and registered to vote and, to the best of the undersigned's knowledge, there will
be no registered voters residing within the Property for each of the ninety (90)
days preceding the date of the public hearing to be conducted by the Council
pursuant to the Act.
3. The undersigned hereby acknowledges that filing this Petition, Consent, and
Waiver requesting inclusion of the Property in the formation of the CFO is
voluntary.
Page 1 of 5
ATTACHMENT 3
118
4. 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 consent to
the special elections to be conducted pursuant to the Act to authorize the Special
Tax and to establish an appropriations limit for the CFO be consolidated into a
single election (the "Special Election"") and be conducted at the earliest possible
time following the adoption by the City Council of the City of Moorpark (the
"Council"") of a resolution of intention to form the CFO and (ii) expressly waives
any requirement to have the Special Election conducted within the time periods
specified in Section 53326 of the Act or the California Elections Code .
5. The undersigned waives any requirements 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, and that the ballots
may be opened and canvassed and the results certified at the same meeting of
the Council as the public hearing of the formation of the CFO under the Act or as
soon thereafter as possible.
6. The undersigned expressly waives all applicable waiting periods for the Special
Election and waives the requirement for ballot analysis, arguments, and rebuttal
relating to the Special Election, as set 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.
7. The undersigned expressly waives all notice requirements relating to hearings
and the Special Election, 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 limited to the
provisions of Section 4101 of the California Elections Code.
8. The undersigned hereby 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 requirements incorporated therein, and no step
or action in any proceedings relative to the CFO or the Special Election shall be
invalidated or affected by any such irregularity, error, mistake or departure.
9. The undersigned warrants that the actions and conditions under this Petition,
Consent, and Waiver shall not constitute or be construed as events of default or
delinquencies under any existing or proposed financing documents entered into
or to be entered into by the undersigned for the Property .
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10. The undersigned agrees to execute such additional or supplemental agreements
as may be required by the City to provide for any actions and conditions under
this Petition, Consent, and Waiver. The undersigned further agrees that this
Petition, Consent, and Waiver shall not be considered as filed with the City for
purposes of commencing proceedings for the CFD under the Act unless and until
deemed filed by the City in its absolute discretion.
The undersigned hereby declares, under penalty of perjury under the laws of the
State of California, that the undersigned is the owner of record or the authorized
representative of the owner of record. By executing this Petition, Consent, and Waiver,
the undersigned agrees to all of the above.
Dated this day of_-'-A---'r,_e_,l., ___ ~G ..... 0'---
1
_1t--__ 20£at
I/A1,gJC,A, cA--
[City] [State]
By: _______ 111 ___ _
Name: A-Le f f(l{tf\lf
Title: ____ f/."'-f ___ _
Company: _ __.f_(f, _ _,_f/o .............. WJ_E.____
The address of the above owner or authorized representative for purposes of receiving
all notices and ballots is :
1,($ >0 1 11? {Jll) /ZA-1)
)I/ire /10
Filed in the Office of the City Clerk of the City of Moorpark this day of
A:,t9 n ·t IO ) 2015"
Page 3 of 5
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EXHIBIT A
DESCRIPTION OF LANDOWNER PROPERTIES
CITY OF MOORPARK
Community Facilities District No. 2025-1
(Citywide Maintenance CFD)
Tax Zone No. 1 (Beltramo Ranch)
Assessor's Parcel Number Acres
504-0-021-195 2.59
506-0-030-210 0.38
506-0-030-220 0.38
506-0-030-235 1.43
506-0-030-045 1.32
506-0-030-055 1.32
Pro pe rty Owner
KB HOMES GREATER LOS ANGELES INC
KB HOMES GREATER LOS ANGELES INC
KB HOMES GREATER LOS ANGELES INC
KB HOMES GREATER LOS ANGELES INC
KB HOMES GREATER LOS ANGELES INC
KB HOMES GREATER LOS ANGELES INC
Page 4 of 5
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EXHIBIT B
DESCRIPTION OF SERVICES TO BE FINANCED BY THE CFD
CITY OF MOORPARK
Community Facilities District No. 2025-1
(Citywide Maintenance CFO)
The types of services to be funded by the CFO ("Services") shall include the annual
operation and maintenance, including repair and replacement of parks, open space,
wetlands, landscape corridors, and other landscaped areas, storm drainage facilities,
roads, street lighting, pathways, trails, recreational facilities, monument signage,
decorative features, public artwork, and associated infrastructure within the CFO, and
any other miscellaneous or incidental services identified by the City necessary to provide
the described Services herein including the collection and accumulation of funds to pay
for anticipated Services, future repairs and replacements and cost shortfalls.
It is expected that the Services will be provided by the City, either with its employees or
by contract with third parties or any combination thereof.
The Services to be funded by the CFO are in addition to those provided in the territory of
the CFO before the date of creation of the CFO and will not supplant services already
available within that territory when the CFO is created.
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