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HomeMy WebLinkAboutORD 528 2025 0702 ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2025-1 (BELTRAMO RANCH) 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") stating its intention to conduct proceedings to form 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 ("Act") to finance public services to serve the area of the land hereinafter described (the "Services") as provided in the Act; and WHEREAS, the Resolution of Intention set June 18, 2025, as the date of a public hearing on the establishment of the CFD, extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax; and WHEREAS, a notice of the public hearing was published in accordance with the Act; and WHEREAS, prior to the date of the public hearing there was filed with the Council a report containing a description of the Services necessary to adequately meet the needs of the CFD and an estimate of the cost of financing such Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax were heard, evidence was presented to the Council on the matters before it and considered by the Council, a full and fair hearings was held and the Council is fully advised as to all matters relating to the formation of the CFD and the levy of the special tax therein; and WHEREAS, upon the conclusion of the public hearing, the Council adopted a resolution 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' ("Resolution of Formation) pursuant to which it completed the proceedings for the establishment of the CFD and authorized the levy of a special tax with the CFD subject to approval by the qualified electors within the CFD; and Ordinance No. 528 Page 2 WHEREAS, the Council has heretofore found 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; and WHEREAS, subsequent to the public hearing, the Council also 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 a Special Election") which called a special election of the qualified electors within the CFD; and WHEREAS, pursuant to the terms of the Resolution Calling a Special Election, on June 18, 2025, a special election was held within the CFD at which the qualified electors approved the levy of a special tax within the CFD and the establishment of an appropriations limit for the 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, 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)" ("Resolution Declaring Results of Election") which certified the results of the June 18, 2025, special election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the special tax and establish an appropriations limit for the CFD; 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 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 ORDAIN 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. Levy of Special Tax. By the passage of this Ordinance, the Council hereby authorizes the levy of a special tax within the CFD pursuant to the Act and in Ordinance No. 528 Page 3 accordance with the Rate and Method of Apportionment of Special Tax set forth in the Resolution of Formation, on file in the office of the City Clerk, which Rate and Method of Apportionment of Special Tax is by this reference incorporated herein. The special tax is hereby levied commencing in fiscal year 2025/26 and in each fiscal year thereafter until the last fiscal year in which such special tax is authorized to be levied pursuant to the Rate and Method of Apportionment of Special Tax. SECTION 3. Determination of Special Tax Rates. The Council is authorized, by resolution adopted as provided in Section 53340 of the Act, each fiscal year to determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation, provided that the special tax rates to be levied shall not exceed the maximum rates set forth in the Rate and Method of Apportionment of Special Tax, but the special tax may be levied at a lower rate. SECTION 4. Exemptions. Exemptions from the levy of the special taxes shall be as provided in the Resolution of Formation and the applicable provisions of the Act. SECTION 5. Use of Special Tax Revenues. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation. SECTION 6. Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City of Moorpark is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Ventura in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Ventura for fiscal year 2025/26 and for each fiscal year thereafter as authorized. SECTION 7. Authorization. The specific authorization for adoption of this Ordinance is the provisions of Section 53340 of the Act. SECTION 8. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a Court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected. SECTION 9. Publication. The Mayor shall sign this Ordinance, and the City Clerk shall certify the passage and adoption of this Ordinance; shall enter the same in the book of original Ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. Ordinance No. 528 Page 4 SECTION 10. Effective Date. This Ordinance shall take effect at 12:01 a.m. on the thirty-first (31st) day after the date of its final adoption. PASSED AND ADOPTED this 2nd day of July, 2025. Chris R. En gren, Mayor ATTEST: PA0K OP <i Ky Spa er, ity rk0111101 - toiP 410 9r�o Ju��v Ordinance No. 528 Page 5 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 Ordinance No. 528 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of July, 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 2nd day of July, 2025. IC*14t6 Ky Spa City Clerk (seal) PpAK Q 14 �2t 41e7411";‘ %*,411PIC44 111110ri. O JU�-4