HomeMy WebLinkAboutResolution 2021-076RESOLUTION NO. 2021-076
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF
A SPECIAL ANNEXATION LANDOWNER ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING THE RECORDING OF AN AMENDMENT
TO NOTICE OF SPECIAL TAX LIEN
WHEREAS, under the Mello -Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter referred to as the "Act'), the City Council
of the City of Atascadero (the "City") previously conducted proceedings to establish the City
of Atascadero Community Facilities District No. 2005-1 (Public Services) (the "District'), and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this
City Council has adopted a Resolution entitled "Resolution of the City Council of the City of
Atascadero, California, Authorizing the Annexation of Territory into Community Facilities
District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax, and Submitting
the Levy of Special Tax to Qualified Electors" (the "Resolution of Annexation"), which called
for a special election of the qualified landowner electors in the territory of land proposed to be
annexed to the District; and
PER WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this
reference incorporated herein, the special election has been held and the City Clerk has on file a
Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached
hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate,
and wishes to complete its proceedings for the annexation of territory into the District.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The above recitals are true and correct.
SECTION 2. The issue presented at the special election was the levy of a special tax
within the territory annexed to the District, to be levied in accordance with the formula
heretofore approved by this City Council, all as described in Resolution No. 2021-068, entitled
"Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to
Annex Territory into Community Facilities District No. 2005-1 (Public Services) as
Annexation No. 24, and to Authorize the Levy of Special Taxes Therein" adopted by this City
Council on October 12, 2021.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at
the special election was approved by the landowners of the territory annexed to the District by
more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to
City of Atascadero
Resolution No. 2021-076
Page 2 of 4
be fully annexed to and part of the District and this City Council may levy special taxes therein
as heretofore provided in these proceedings.
SECTION 5. It is hereby found that all prior proceedings and actions taken by this City
Council with respect to the District and the territory annexed thereto were valid and in
conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute
and cause to be recorded in the office of the County Recorder of the County of San Luis Obispo,
an Amendment to Notice of Special Tax Lien, as required by Section 53328.3 of the Act.
SECTION 7. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th day
of December, 2021.
On motion by Council Member Bourbeau and seconded by Council Member Funk, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members Bourbeau, Dariz, Funk, Newsom and Mayor Moreno
None
None
None
CITY OF ATASCADERO
Heather Moreno, Mayor
APPROVED A D'TO FORM:
Brian A. Pierik, City Attorney
n
n
II
EXHIBIT A
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No.
24
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on December 14, 2021, I canvassed the returns of the election held on
December 14, 2021, for the City of Atascadero Community Facilities District No. 2005-1
(Public Services) Annexation No. 24 and the total number of votes cast in such 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:
City of Atascadero Community Facilities
District No. 2005-1 (Public Services)
Annexation No. 24
Special Tax Election, December 14, 2021
Qualified
Landowner Votes Votes Votes
Votes Sat YFL bm
6 (o i0 -&—
BALLOT MEASURE: Shall the City Council of the City of
Atascadero be authorized to levy a special tax on an annual basis at
the rates and apportioned as described in Resolution No. 2021-068
adopted by the City Council on October 12, 2021 (the "Resolution'),
which is incorporated herein by this reference, within the territory
identified on the map entitled "Annexation Boundary Map No. 24 of
Community Facilities District No. 2005-1 (Public Services) City of
Atascadero, County of San Luis Obispo, State of California" to finance
certain services as set forth in Section 4 to the Resolution (including
incidental expenses).
YES: _
ZNI
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on December 14, 2021.
of Atascadero