CITY OF SIMI VALLEY
MEMORANDUM
June 5, 2023
TO: City Council
FROM: Department of Administrative Services
SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 202 3-2024 FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF SIMI VALLEY (TOWN CENTER
PROJECT)
STAFF RECOMMENDATION
It is recommended that the City Council, acting in its capacity as the legislative body of Community Facilities District No. 2004-1 (District), authorize the Mayor to attest to adoption of the attached Resolution No. 2023-30 (page 5) authorizing the levy of a special tax in the amount of $593,877.52 for Fiscal Year 2023 -2024 to be paid by the owners of taxable property within the Simi Valley Town Center Project.
BACKGROUND AND OVERVIEW
In 2004 , the City Council approved the issuance of bonds to finance the public improvements that the developer was responsible for constructing at the Simi Valley Town Center. The City Council adopted Ordinance No. 1062, various resolutions, and documents related to the regional mall known as the Simi Valley Town Center Project. The previously adopted documents included a provision for the City to form Community Facilities District No. 2004-1, issue bonds to facilitate the construction and financing of the public improvements, and levy the related special taxes. The property owners are responsible for all issuance, ongoing debt service costs, and administrative fees via the payment of special taxes collected through the Ventura County consolidated property tax bills. Annual authorization from the City Council is required to levy the special taxes to be paid by the owners of taxable property within the Simi Valley Town Center Project.
Each year, prior to the County’s direct assessment enrollment deadline in July, the City Council is required to adopt a resolution authorizing the levy of a special tax as reflected in each year’s respective “Annual Levy of Special Tax” report provided by the Special Tax Consultant, and based on the Rate and Method of Apportionment for the District.
Accordingly, for the upcoming Fiscal Year 2023-2024 levy, the City Council’s approval is recommended prior to the June 30, 2023 , resolution adoption deadline, and the July 5, 2023, submittal deadline to the County Auditor -Controller, for the special taxes to be included in the upcoming tax roll with the ordinary ad valorem taxes (regular property
AGENDA ITEM NO.
Consent (10)
2 taxes). Staff recommends that the City Council adopt the attached resolution providing authorization to levy the specific special tax on each non- exempt parcel of land in Community Facilities District No. 2004-1.
Although the City Council has previously authorized the formation of the District, the bonded indebtedness, and the maximum levy of a special tax within the boundaries of the District, the actual annual special tax to be levied per parcel must be authorized on an annual basis and are, therefore, presented as Exhibit 1 to the Resolution (page 9).
FINDINGS AND ALTERNATIVES
City staff has worked closely with the Special Tax Consultant, DTA, Inc., and has reviewed the Annual Levy of Special Tax for Fiscal Year 2023 -2024 (Exhibit 1) provided by the Special Tax Consultant on behalf of the City and the District. Pursuant to the requirements of levying of taxes on parcels on the County Tax Roll, it is recommended that the attached Resolution No. 2023-30 be adopted.
The annual levy of special taxes based on the approved Rate and Method of Apportionment is sufficient to pay for the facilities (public improvements), the principal, interest and other periodic costs on the bonds, including the establishment and replenishment of reserve funds, and the District’s incidental expenses related to the costs of providing the special tax levy such as the County fees, the Special Tax Consultant, and administration fees. These costs are permitted to be financed pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53111, et seq.). All costs related to the District are costs of the District, not the City or its General Fund. As a result, all costs related to administering the District and paying debt service on the bonds are the responsibility of the property owners within the District.
The special taxes to be levied within the District are based on the expected demand that each parcel of real property within the District will place on the facilities and on the relative benefit that each parcel will derive from the right to access the facilities. The annual levy of special taxes will be applied to all parcels of land within the District , which are not otherwise exempt from taxation and that have not provided a complete payoff covering all future years’ levies. The special taxes are anticipated to be levied through Fiscal Year 2033-2034, which is when the bonds issued by the District are currently due to mature (September 2034). The table below shows the District’s levies by fiscal year and the dates such levies were authorized by the City Council.
Fiscal Year City Council Authorization
Date
Levies
2005-2006 June 20, 2005 $332,896.94
2006-2007 June 5, 2006 $519,585.22
2007-2008 June 11, 2007 $432,631.16
2008-2009 June 11, 2008 $446,129.58
2009-2010 June 15, 2009 $453,735.58
2010-2011 June 7, 2010 $453,259.48
3 Fiscal Year City Council Authorization
Date
Levies
2011-2012 June 6, 2011 $477,397.92
2012-2013 June 4, 2012 $487,080.12
2013-2014 June 3, 2013 $496,096.10
2014-2015 June 9, 2014 $509,684.32
2015-2016 May 11, 2015 $519,668.72
2016-2017 May 2, 2016 $528,826.86
2017-2018 May 15, 2017 $542,707.28
2018-2019 June 4, 2018 $545,908.98
2019-2020 June 17, 2019 $550,680.64
2020-2021 June 8, 2020 $557,520.00
2021-2022 June 7, 2021 $570,375.54
2022-2023 June 13, 2022 $592,172.96
2023-2024 June 5, 2023 $593,877.52
This request for authorization is for the District’s nineteenth year levy, Fiscal Year 2023- 2024. Future requests for authorization will be submitted to the City Council annually.
The Special Tax Consultant has prepared the Annual Levy of Special Tax for Fiscal Year 2023-2024 (Exhibit 1) in accordance with all related Resolutions, Ordinance No. 1062, and the Rate and Method of Apportionment, including calculations not above the maximum special tax rates. If approved, the District’s Special Tax Consultant will file the certified list of all parcels subject to the special tax levy with the County Auditor-Controller no later than the County’s July 5, 2023 submittal deadline. In cases of special tax delinquency and foreclosure, the parcels will be subject to penalties and to the same foreclosure sale procedures as ordinary ad valorem taxes.
Adoption of the attached resolution will provide for the Fiscal Y ear 2023-2024 levy upon the parcels within the District that are not otherwise exempt from taxation, at the rates set forth in the attached Annual Levy of Special Tax for Fiscal Year 2023-2024 (Exhibit 1).
The following alternatives are available to the City Council:
1. Authorize the Mayor to attest to adoption of the attached R esolution No. 2023-30 authorizing the levy of a special tax in the amount of $ 593,877.52 for Fiscal Year 2023-2024 to be paid by the owners of taxable property within the Simi Valley Town Center Project;
2. Provide staff with further direction.
Staff recommends Alternative No. 1.
4 SUGGESTED CITY COUNCIL MOTION
I move to adopt R esolution No. 2023-30 authorizing the levy of a special tax for Fiscal Year 2023-2024 for Community Facilities District No. 2004 -01 of the City of Simi Valley (Town Center Project).
.
SUMMARY
The City Council previously adopted Ordinance No. 1062, various resolutions, and the Rate and Method of Apportionment related to the regional mall known as the Simi Valley Town Center Project. The previously adopted documents include a provision for the City to form Community Facilities District No. 2004 -1, issue bonds to facilitate the construction and financing of the public improvements, and levy the related special taxes. The property owners/tenants are responsible for all issuance costs, ongoing debt services costs, and administrative fees via the payment of special taxes through the Ventura County’s consolidated property tax bills. Annual authorization from the City Council is required to levy the special taxes to be paid by the owners of taxable property within the Simi Valley Town Center Project.
____________________________________
Carolyn Johnson
Administrative Services Director
INDEX Page
Resolution No. 2023-30 - Authorizing the Levy of a Special Tax……… 5 Exhibit 1 – Annual Levy of Special Tax for Fiscal Year 2023-2024……9
RESOLUTION NO. 2023-30
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2004 -1 OF THE CITY OF SIMI VALLEY
(TOWN CENTER PROJECT), AUTHORIZING THE LEVY OF
A SPECIAL TAX FOR FISCAL YEAR 2023-2024
WHEREAS, on June 14, 2004, the City Council of the City of Simi Valley (the “City Council”) adopted Resolution No. 2004- 59 stating its intention to form Community Facilities District No. 2004-1 of the City of Simi Valley (Town Center Project) (“Community Facilities District No. 2004 -1”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, Section 53311, et seq. of the Government Code (the “Act”); and
W
HEREAS, on June 14, 2004, the City Council also adopted Resolution No. 2004- 60 stating its intention to incur bonded indebtedness in the amount of $9,500,000 within proposed Community Facilities District No. 2004- 1 for the purpose of financing the facilities and incidental expenses described in Resoluti on No. 2004- 59 to serve the area within Community Facilities District No. 2004-1; and W
HEREAS, on July 19, 2004, the City Council also adopted Resolution No. 2004-67, which established Community Facilities District No. 2004-1, authorized the levy of a special tax within Community Facilities District No. 2004 -1 and called an election within Community Facilities District No. 2004-1 on the ballot proposition relating to levying a special tax combined and consolidated with the proposition relating to the incur ring of bonded indebtedness; and
W
HEREAS, adoption of Resolution No. 2004- 67, on July 19, 2004, also determined the necessity to incur bonded indebtedness in the amount of $9,500,000 within Community Facilities District No. 2004-1 and called an election within Community Facilities District No. 2004 -1 for July 19, 2004, on the proposition of incurring bonded indebtedness combined and consolidated with the proposition of levying a special tax; and
W
HEREAS, on July 19, 2004, an election was held within Community Facilities District No. 2004-1 at which the qualified electors approved by more than a two- thirds vote the proposition of incurring bonded indebtedness of $9,500,000 and levying a special tax as set forth in Resolution No. 2004-67; and W
HEREAS, on July 19, 2004, the City Council adopted Resolution No. 2004-69 which certified the results of the July 19, 2004, election conducted by the City Clerk, which results showed that more than two- thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the special tax; and 5 RE S. NO. 2023-30
WHEREAS, on July 26, 2004, the City Council adopted Ordinance No. 1062 which authorized the levy of the special tax within Community Facilities District No. 2004- 1 (the “Ordinance”); and
W
HEREAS, this City Council hereby certifies that the Ordinance authorizing the levy of the special taxes within Community Facilities District No. 2004-1 has been duly adopted in accordance with law and is legal and valid; and W
HEREAS, the Ordinance provides that the City Council is further authorized to determine each year, by ordinance, or by resolution if permitted by then applicable law, the specific special tax to be levied on each parcel of land in Community Facilities District No. 2004-1; and
W
HEREAS, it is now necessary and appropriate that this City Council levy and collect the special taxes for Fiscal Year 2023- 2024 for the purpose specified in the Ordinance, by the adoption of a resolution as specified by the Act and the Ordinance; and W
HEREAS, the special taxes being levied hereunder are at the same rate or at a lower rate than provided by the Ordinance.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-1 DOES HEREBY RESOLVE AS FOLLOWS:
S
ECTION 1. The above recitals are all true and correct.
S
ECTION 2 . In accordance with Section 53340 of the Act and the Ordinance, there is hereby levied upon the parcels within the District , which are not otherwise exempt from taxation under the Act or the Ordinance the special taxes for Fiscal Year 2023-2024 (the “Special Taxes”), at the tax rates set forth in Exhibit 1 hereto, and the Special Tax Consultant shall apportion the Special Taxes in the manner specified in Resolution No. 2004-67 and the report prepared by the Special Tax Consultant entitled “Annual Levy of Special Tax for Fiscal Year 2023-2024” submitted herewith. Such rates do not exceed the maximum rates set forth in the Ordinance. After adoption of this Resolution, but no later than July 5, 2023 (the County’s deadline of accepting direct assessment enrollments for tax year 2023-2024), the Special Tax Consultant shall deliver the certified list of all parcels subject to the special tax levy, including the amount of the Special Taxes to be levied on each parcel in Fiscal Year 2023-2024 (the “Certified List”), to the Director of Administrative Services or designee, and thereafter, but in no event later than July 5, 2023, the Director of Administrative Services or designee, shall cause a certified copy of this Resolution, together with the Certified List, to be filed with the County Auditor-Controller. The Certified List may contain tax rates lower than those set forth in Exhibit 1 if the Director of Administrative Services determines that such lower rates are adequate to accomplish the purposes of the District in Fiscal Year 2023- 2024. The Director of Administrative Services or designee and the County Auditor -Controller are hereby authorized to make changes to the Certified List from time to time to correct any error in the amount of the levy on any parcel to make it consistent with the Rate and Method of Apportionment attached to the Ordinance, including, but not limited to, adding any parcels omitted from the Certified List or deleting any parcels included in the Certified List..
6 RE S. NO. 2023-30
SECTION 3. Properties or entities of the state, federal or local governments shall be exempt from the above- referenced and approved Special Taxes only to the extent set forth in the Ordinance and otherwise shall be subject to the Special Taxes consistent with the provisions of Section 53317.3 of the Act in effect as of the date of adoption of this Resolution.
S
ECTION 4. All of the collections of the Special Taxes shall be used only as provided for in the Act and Resolution No. 2004-67. The Special Taxes shall be levied only so long as needed to accomplish the purposes described in Resolution No. 2004-
67. S
ECTION 5. The Special Taxes shall be collected in the same manner as ordinary ad valorem taxes are collected, and, in the case of Special Tax delinquency and foreclosure, the parcels will be subject to the penalties and the same foreclosure sale procedures as ad valorem taxes.
S
ECTION 6. As a cumulative remedy, if any amount levied as the Special Taxes for payment of interest or principal on any outstanding bonds of the District (the “Bonds”), together with any penalties and other charges accruing under this Resolution, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such Special Taxes.
S
ECTION 7. The Director of Administrative Services or designee is hereby authorized to transmit a certified copy of this Resolution, together with the Certified List, to the County Assessor and/or the Treasurer-Tax Collector, together with other supporting documentation as may be required to place the Special Taxes on the secured property tax roll for Fiscal Year 2023-2024 and for the collection of the Special Taxes in the same manner as ordinary ad valorem property taxes and to perform all other acts which are required by the Act, the Ordinance, or by law or deemed necessary by the Director of Administrative Services in order to accomplish the purpose of this Resolution, the Act, or Bond covenants.
7 RE S. NO. 2023-30
SECTION 8. This Resolution shall be effective upon its adoption.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this 5th day of June 2023.
A
ttest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
A
pproved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager Carolyn Johnson
Administrative Services Director
8 Fiscal Year
2023-2024
Assessor's Parcel Number Special Tax
612-0-230-025 $22,381.60
612-0-230-035 $22,445.20
612-0-230-045 $99,528.58
612-0-230-085 $18,276.58
612-0-230-095 $4,610.94
612-0-230-105 $4,086.52
612-0-230-115 $4,772.18
612-0-230-125 $4,146.44
612-0-240-055 $5,492.10
612-0-240-065 $165,384.68
612-0-240-075 $4,620.76
612-0-240-115 $5,943.18
612-0-240-155 $232,188.76
Total FY 2023-2024 Special Tax Levy $593,877.52
Total Number of Parcels 13
City of Simi Valley CFD No. 2004-1 (Town Center Project) Annual Levy of Special Tax for Fiscal Year 2023-2024
EXHIBIT 1
9