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HomeMy WebLinkAboutRES CC 2025 4326 2025 0618 RESOLUTION NO. 2025-4326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 2025-1 (BELTRAMO RANCH) THE QUESTION OF LEVYING A SPECIAL TAX AND APPROVING AN APPROPRIATIONS LIMIT WHEREAS, on May 7, 2025, the City Council ("Council") of the City of Moorpark (the "City"), County of Ventura, State of California, adopted Resolution No. 2025-4312 entitled "A Resolution of Intention of the City Council of the City of Moorpark, California, to Establish a Community Facilities District to Fund Certain Services" (the "Resolution of Intention") with respect to City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, on June 18, 2025, the Council adopted Resolution No. 2025-4325 entitled "A Resolution of Formation of the City Council of the City of Moorpark, California, to Establish City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, To Establish an Appropriations Limit Therefore, To Authorize the Levy of a Special Tax Therein and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation"); and WHEREAS, pursuant to the provisions of the Resolution of Formation, a proposition to authorize the levy of the Special Tax within the CFD and to establish an appropriations limit for the CFD is to be submitted to the qualified electors of the CFD as required by the "Act"; and WHEREAS, pursuant to the Act and California Election Code Sections 307 and 320, the City Clerk is designated as the official to conduct the special election (the "Election Official"); and WHEREAS, City staff has evaluated the actions proposed to be taken in connection with the formation of the CFD, the establishment of an appropriations limit for the CFD, and the authorization of the Special Tax and has 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 environmental determination documents for the Beltramo Ranch development project. The Council, in the Resolution of Formation, concurred with staffs determination and, therefore, no further environmental review is required. Resolution No. 2025-4326 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The above recitals, and each of them, are true and correct and are a substantive part of this Resolution. SECTION 2. Qualified Electors. The Council finds, based on information from the Registrar of Voters of Ventura County, that fewer than twelve persons have been registered to vote within the territory of the CFD for each of the ninety days preceding the close of the public hearing heretofore held by the Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Council finds that for purposes of these proceedings the vote shall be by the landowner(s) within the CFD (the "Qualified Elector(s)"), and each Qualified Elector at the close of such public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the CFD as provided in Section 53326 of the Act. SECTION 3. Election Process. Pursuant to Sections 53325.7 and 53326 of the Act, the ballot proposition related to the levy of the Special Tax and the establishment of an appropriations limit for the CFD shall be submitted to the Qualified Elector(s) at a special election to be held on June 18, 2025, immediately following the adoption of this resolution. Such election shall be a special election to be conducted by the City Clerk as the Election Official. If the proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the Special Tax thereby approved may be levied and the appropriations limit may be established as provided for in the Resolution of Formation. SECTION 4. Petition, Consent and Waiver on File. The Council finds that the provision of Section 53326 of the Act requiring a minimum of ninety days following the adoption of the resolution calling the election to elapse before said special election is for the protection of the Qualified Elector(s) of the CFD. There is on file with the City Clerk a Petition, Consent and Waiver executed by each Qualified Elector of the CFD unanimously requesting a shortening of the time for the special election in order to expedite the process of formation of the CFD and waiving time limits, notice requirements, any requirement for analysis and arguments in connection therewith and other matters relating to the special election. Accordingly, the Council finds and determines that each Qualified Elector has been fully appraised of and has agreed to the shortened time for the special election and has thereby been fully protected in these proceedings. SECTION 5. Call and Conduct of the Election. The Council hereby calls an election, which is to be a special election, to take place on June 18, 2025, in the City Council Chambers, located at 323 Science Drive, Moorpark, CA 93021, immediately following the adoption of this Resolution, to consider the proposition described in Section 2, above. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution No. 2025-4326 Page 3 Resolution of Formation and a map of the boundaries of the CFD. The Council finds that the Election Official has consented to conduct the special election on June 18, 2025, which date is less than 125 days following the adoption of the Resolution of Formation, and the shortening of various time periods applicable to the special election (including, but not limited to, those time periods set forth in California Government Code Section 53326 and California Elections Code Section 4101. Pursuant to Sections 53326(d) and Section 53327 of the Act, the special election shall be conducted by personally delivered or mailed ballots and in accordance with the provisions of law regulating mailed ballot elections insofar as such provisions are determined by the City Clerk to be applicable. The voted ballots shall be returned to the City Clerk at the office of the City Clerk by mail or personal delivery not later than 4:30 p.m. on June 18, 2025, or by personal delivery in the Council Chambers not later than 8:00 p.m. on June 18, 2025; provided that if all of the Qualified Elector(s) have voted, the election may be closed by the City Clerk. The City Clerk shall have available a ballot in the Council Chambers which may be marked at said location on the election day by said Qualified Elector(s). SECTION 6. Ballot. The form of the ballot for the Election is attached hereto as Exhibit A and by this reference incorporated herein, and said form of ballot is hereby approved. The Election Official has caused or shall cause to be delivered to each of the Qualified Elector(s) of the CFD a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective Qualified Elector based upon the number of acres of land or portion thereof which he or she owns within the CFD. The ballot shall be accompanied by all supplies and written instructions necessary to the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the postage prepaid and shall contain: (a) the name and address of the Qualified Elector; (b) a declaration, under penalty of perjury, stating that the Qualified Elector is the owner of record, or the authorized representative thereof, and is the person whose name appears on the identification envelope; (c) the printed name, signature and address of the Qualified Elector; (d) the date of signing and place of execution of the declaration described above; and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. By unanimous written consent of the Qualified Elector(s), analysis and arguments with respect to the ballot proposition and all applicable time limits and requirements pertaining to the conduct of the election, as permitted by Section 53327 of the Act, have been waived by the Qualified Elector(s) and the Council hereby concurs in the waiver. SECTION 7. Vote. The appropriate mark on the ballot placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 8. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the special election. The Election Official has performed or shall perform and render all services and proceedings incidental to and connected with the conduct of the special election, including but not limited to, the following: Resolution No. 2025-4326 Page 4 A. Prepare and furnish the necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets, and other necessary forms. C. Furnish official ballots for the Qualified Elector(s) of the CFD. D. Cause the official ballots to be presented to the Qualified Elector(s), as required by law. E. Receive the returns of the election and supplies. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. SECTION 9. Other Acts. The officers of the City are hereby authorized, jointly and severally, to execute and deliver any and all necessary instruments and to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and any such actions previously taken by such officers are hereby ratified. SECTION 10. Effective Date. This resolution shall take effect immediately upon its adoption. SECTION 11. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 18th day of June, 2025. 1 Chris R. E -:en, Mayor ATTEST: 1 ooPPP.�.,< Ky Sp g , Ci Clerk MKT,-, ; Exhibit A— Official Ballot S ecial Election (Sample) ciPk �r qr�Q joc4 Resolution No. 2025-4326 EXHIBIT A Page 5 OFFICIAL BALLOT SPECIAL ELECTION (SAMPLE) CITY OF MOORPARK Community Facilities District No. 2025-1 (Beltramo Ranch) This ballot is for a landowner special tax election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk no later than 4:30 p.m. on June 18, 2025, either by mail or in person or to the location of the public hearing no later than 6:30 p.m. on June 18, 2025. The office of the City Clerk is located at 323 Science Drive, Moorpark, California, 93021. The public hearing will be held at the City Council Chamber located at 323 Science Drive, Moorpark, California, 93021. To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk for the City of Moorpark and obtain another. BALLOT MEASURE: Shall a special tax be levied annually on taxable property within the City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch) (the "CFD") to pay for the cost of services described in Exhibit "A" to Resolution No. 2025-4312 adopted by the YES: City Council on May 7, 2025, and to pay expenses incidental thereto, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit "B" to Resolution No. 2025-4312 and shall NO: an appropriations limit be established for the CFD in an amount equal to all the proceeds of the Special Tax collected annually within the CFD and as defined by Article XIII B of the California Constitution, as adjusted for changes in the cost of living and changes in population? By execution in the space provided below, I hereby declare under penalty of perjury the voter listed below is the owner of record or authorized representative of the landowner entitled to vote this ballot. I also confirm the waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Subdivisions 53326(a) and 53327(b) of the California Government Code. Number of Votes: 8 Participating 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 Property Owner: KB Home Greater Los Angeles Inc. Attention: Jake Persons, VP Forward Planning Address: 26650 The Old Road, Suite 110 Valencia, CA 91381 By: Signature: Title: Resolution No. 2025-4326 Page 6 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. 2025-4326 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of June, 2025, and that the same was adopted by the following vote: AYES: Councilmembers Barrett, Castro, Delgado, Means and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of June, 2025. Ky Span r, i ly rk (seal) Qp,RK Q � /moo -.3."; 111 ���� C9 17 J LP'