Loading...
HomeMy WebLinkAboutRES CC 2025 4327 2025 0618 RESOLUTION NO. 2025-4327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN FOR CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 2025-1 (BELTRAMO RANCH) WHEREAS, in proceedings heretofore conducted by the City Council ("Council") of the City of Moorpark ("City"), County of Ventura, State of California, 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"), the Council has established the City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch) ("CFD"); and WHEREAS, on June 18, 2025, the Council adopted a resolution entitled "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" ("Resolution Calling the Election"), calling a special election ("Special Election") of the qualified electors in the territory of land of the CFD as authorized by and accordance with the Act; and WHEREAS, pursuant to the terms of the Resolution Calling the Election, which are by this reference incorporated herein as if fully set forth herein, the Special Election was held on June 18, 2025; and WHEREAS, the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "B" and by this reference incorporated herein; and WHEREAS, at this time said Special Election had been held, and the measure voted upon did receive the favorable votes of at least 2/3rds of the qualified electors within the CFD, and the Council desires to declare the results of the Special Election in accordance with the provisions of the California Elections Code; 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 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 environmental determination documents for the Beltramo Ranch development project. The Council, in Resolution No. 2025-4327 Page 2 the Resolution of Formation, concurred with staffs determination and, 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 all true and correct and are a substantive part of this Resolution. SECTION 2. Ballot Proposition. The issues presented at the Special Election are set forth in Exhibit A attached hereto and incorporated herein. SECTION 3. Canvass and Issues Approved. The Council hereby approves the Canvass and Statement of Results of Election and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass and Statement of Results of Election, the ballot proposition presented at the Special Election was approved by the qualified electors of the CFD by more than two-thirds of the votes cast at the Special Election. The City Clerk is hereby directed, pursuant to the provisions of the California Elections Code, to enter in the minutes the results of the Special Election as set forth in said Canvass and Statement of Results of Election. SECTION 4. Ballot Proposition Authorized. The Council, acting in its capacity as legislative body of the CFD, is hereby authorized to levy on the taxable land within the CFD the Special Tax described in the proposition for the purposes described therein, and to take the necessary steps to levy the Special Tax authorized by the proposition, and the appropriations limit as specified in the proposition is hereby established. SECTION 5. Finding of Validity. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD were valid and in conformity with the Act. SECTION 6. Notice of Special Tax Lien. In accordance with Section 53328.3 of the Act, the City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Ventura a notice of special tax lien in connection with the CFD in substantially the form required by the Act and California Streets and Highways Code Section 3114.5, such recording to occur no later than 15 days following adoption by the Council of this resolution. SECTION 7. Effective Date. This Resolution shall become effective immediately upon adoption. Resolution No. 2025-4327 Page 3 SECTION 8. 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. Chris R. E gren, Mayor ATTEST: plc C,a 111 0°.;:l Z Ky Sp le , Ci Clerk a �� 9 _Erie, Exhibit A — Office Ballot Special Election (Sample) � �� m Exhibit B — Canvass and Statement of Result of Election \o_t-, o� gaTto �v� Resolution No. 2025-4327 EXHIBIT A Page 4 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 YES: Resolution No. 2025-4312 adopted by the 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 NO: special taxes set forth in Exhibit "B" to Resolution No. 2025-4312 and shall 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 livin• and chan•es in •o•ulation? 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. 2025-4327 EXHIBIT B Page 5 CITY OF MOORPARK Community Facilities District No. 2025-1 (Beltramo Ranch) CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on this date, I canvassed the returns of the special landowner election held on this date, in City of Moorpark Community Facilities District No. 2025-1 (Beltramo Ranch)„ and the total number of ballots cast in the special election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Ballots Landowner Votes Ballots Cast Votes Cast YES NO City of Moorpark CFD No. 2025-1 (Beltramo Ranch) Landowner Special Tax Election June 18, 2025 1 1 8 8 8 0 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 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 taxes set forth in Exhibit "B" to Resolution No. 2025-4312 and shall 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? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 18th day of June, 2025. CITY OF MOORPARK By: GKit Ky Span r, ity rk QP016 Cq OArelEar vit4 Ps R4rep jov- Resolution No. 2025-4327 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. 2025-4327 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. of Ky Spi er, City lerk (seal) oOPPPa�gt Iq 41167$1141 09 44FQ svt.,4