HomeMy WebLinkAboutOrdinance 689
ORDINANCE NO. 689
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY
ANNEXATION NO. 26: DOVE CREEK MIXED-USE
WHEREAS, the City of Atascadero (the “City”) has conducted proceedings pursuant to
the “Mello-Roos Community Facilities Act of l982”, being Chapter 2.5, Part l Division 2, Title
5 of the Government Code of the State of California (the “Act”) and the City of Atascadero
Community Facilities District No. 2005-1 (Public Services) Ordinance enacted pursuant to the
powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article XI of the
Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance
may be referred to collectively as the “Community Facilities District Law”), to establish the
City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the “District”)
for the purpose of financing police services, fire protection and suppression services, and
park services (the “Services”) as provided in the Act; and,
WHEREAS, the rate and method of apportionment of special tax for the District is set
forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of
the City of Atascadero, California, For the Formation of Community Facilities District No. 2005-
l (Public Services) (the “Resolution of Formation”), which was adopted on May 24, 2005;
and,
WHEREAS, the City has conducted proceedings to annex territory into the District and,
with respect to the proceedings, following an election of the qualified electors in the territory
proposed for annexation (the “Annexation Territory”), the City Council, on July 22, 2025,
adopted a Resolution entitled “Resolution of the City Council of the City of Atascadero,
California, Declaring the Results of Special Annexation Landowner Election, Determining
Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of
Special Tax Lien.”
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation Territory,
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pursuant to the Community Facilities District Law, at the rate and in accordance with the rate
and method of apportionment of special tax set forth in the Resolution of Formation, which rate
and method is by this reference incorporated herein. The special tax has previously been levied
in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance
No. 478 passed and adopted by the City Council on July 12, 2005 and the special tax is hereby
levied commencing in Fiscal Year 2026-27 in the District, including the Annexation Territory,
and in each fiscal year thereafter to pay for the Services for the District and all costs of
administering the District.
SECTION 3. The City’s Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific special
tax to be levied for the next ensuing fiscal year for each parcel of real property within the
District, including the Annexation Territory, in the manner and as provided in the Resolution of
Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities District
Law. In no event shall the special tax be levied on any parcel within the District in excess of
the maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but not
limited to, the payment of the costs of the Services, the payment of the costs of the City in
administering the District, and the costs of collecting and administering the special tax.
SECTION 6. 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 City Council may provide for other appropriate methods of
collection by resolution(s) of the City Council. The Finance Director of the City is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of the
County of San Luis Obispo 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 San Luis
Obispo for Fiscal Year 2026-27 and for each fiscal year thereafter until no longer required to
pay for the Services or until otherwise terminated by the City.
SECTION 7. 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 District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of this
Ordinance and the application of the special tax to the remaining parcels within the District,
including the Annexation Territory, shall not be affected.
SECTION 8. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published twice: at least five days prior to its final
passage in the New Times, a newspaper published and circulated in the City of
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Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the New
Times, a newspaper published and circulated in the City of Atascadero. A copy of the full text
of this ordinance shall be on file in the City Clerk’s Office on and after the date following
introduction and passage and shall be available to any interested member of the public.
SECTION 9. This Ordinance shall take effect 30 days from the date of final
passage.
INTRODUCED at a regular meeting of the City Council held on July 22, 2025, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
August 12, 2025.
CITY OF ATASCADERO
Charles Bourbeau, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
David Fleishman, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 689 was duly introduced at a regular
meeting held Junly 22, 2025 and adopted at a regular meeting of the City Council
held on the 12th day of August, 2025 by the following roll call vote, to wit:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz,
Mayor Bourbeau
NOES: None
ABSENT: None
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 689 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on August 12, 2025 and that summaries of the Ordinance were published on
7/31/2025 and 8/14/2025 in the News Times newspaper.
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
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