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HomeMy WebLinkAboutRES CC 2025 4312 2025 0507 RESOLUTION NO. 2025-4312 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, TO ESTABLISH A COMMUNITY FACILITIES DISTRICT TO FUND CERTAIN SERVICES CITY OF MOORPARK Community Facilities District No. 2025-1 (Beltramo Ranch) 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 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 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; 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 Resolution No. 2025-4312 Page 2 WHEREAS, City Staff has evaluated the actions proposed to be taken by this Resolution and have determined that those actions are exempt from the California Environmental Quality Act ("CEQA") because they do not constitute a project, as defined by Section 15378 (b)(4) of the State CEQA Guidelines because the proposed action is to establish a funding mechanism for maintenance of facilities that were already reviewed for compliance with CEQA in the environmetnal determination documents for the Beltramo Ranch development project. The City Council concurs with Staffs determination that the actions proposed to be taken herein are not a project because they only authorize a government funding mechanism for services and maintenance, that the underlying impacts of the Beltramo Ranch project were already reviewed and addressed in the prior environmental determination documents for that project, and the action proposed here does not approve or authorize physical changes to the environment. Therefore, no further environmental review is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: 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. SECTION 3. Name of Community Facilities District. The name of the proposed Community Facilities District is the "City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch)" (the "CFD"). SECTION 4. Boundaries Described. The proposed boundaries of the CFD are as shown on the map on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map of the proposed boundaries of the CFD 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. 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. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof. 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 Resolution No. 2025-4312 Page 3 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 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. 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. 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. 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. 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") Resolution No. 2025-4312 Page 4 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 June 18, 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 consider and finally determine whether the public interest, convenience, and necessity require the formation of the CFD and the levy of the Special Tax. SECTION 11. Notice of Public Hearing. The City Clerk is hereby directed to cause a 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. 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. 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 7th day of May, 2025. Chris R. Ene en, Mayor ATTEST: orAmor,trttie Ky Sp ' gler, ClerkApo" Air, 5749/t. 47� o`v �7: 0qq J"j rt0 . Resolution No. 2025-4312 Page 5 EXHIBIT A DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD CITY OF MOORPARK Community Facilities District No. 2025-1 (Beltramo Ranch) 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 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 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. Resolution No. 2025-4312 Page 6 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX CITY OF MOORPARK Community Facilities District No. 2025-1 (Beltramo Ranch) 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 (Beltramo Ranch) (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. "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. "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. Resolution No. 2025-4312 Page 7 "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 Fiscal Year in which the CFD was formed. "Building Permit" means a single permit or set of permits required to construct an entire structure. "CFD" or "CFD No. 2025-1" means City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch). "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. "Developed Residential 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 Residential Units has occurred. "Fiscal Year" means the period starting July 1 and ending the following June 30. "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. Resolution No. 2025-4312 Page 8 "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. "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. "Special Tax" means a Special Tax levied in any Fiscal Year to pay the Special Tax Requirement. Resolution No. 2025-4312 Page 9 "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. "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. "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. B. DETERMINATION OF MAXIMUM SPECIAL TAX The Maximum Special Tax shall be calculated 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 or Undeveloped 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 The Maximum Special Tax for each Assessor's Parcel of Taxable Property within the CFD shall be assigned according to Table 1 below. Resolution No. 2025-4312 Page 10 TABLE 1 MAXIMUM SPECIAL TAX RATES Land Use Classification Base Year Maximum Tax Developed Residential Property $350.00 per Residential Unit Undeveloped Property $350.00 per Lot Tax-Exempt Property $0.00 C. ANNUAL ADJUSTMENT OF MAXIMUM SPECIAL TAX Beginning in January 2026 and each January thereafter, the Maximum Special Tax shall be adjusted by the Annual Escalation Factor. Each adjustment shall take effect for the subsequent Fiscal Year. 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 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 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 Resolution No. 2025-4312 Page 11 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. 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. Resolution No. 2025-4312 Page 12 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2025-4312 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of May, 2025, and that the same was adopted by the following vote: AYES: Councilmembers Barrett, Castro, Delgado and Means and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 12th day of May, 2025. Ky Sp gler, Ci lerk (seal) OPPApK A No •Artni/%1 r0 tVg �.0 JULY '1