HomeMy WebLinkAboutResolution 2013-050 RESOLUTION NO. 2013-050
RESOLUTION OF THE CITE' COUNCIL OF THE CITE' OF
ATASCADERO, CALIFORNIA, MAKINGCERTAIN
FINDINGS, CERTIFYING THE RESULTS OgAN ELECTION
N
AND ADDING PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SERVICES),
ANNEXATION NO. 8
(Oakhaven Village, LLCM
WHEREAS, the City Council of the City of Atascadero (the "City Council"), has
previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos
Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California, as amended, said Article 3.5 thereof. The existing
Community Facilities District being designated as Community Facilities District No. 2005-1
(Public Services)(the"District"); and,
WHEREAS, the City Council has also established a procedure to allow and provide for
future annexations to the District and the territory proposed to be so annexed in the future was
designated as Community Facilities District No. 2005-1 (Public Services), Future Annexation
Area(the"Future Annexation Area"); and,
WHEREAS, at this time the unanimous consent to the annexation of certain territory
within the Future Annexation Area to the District has been received from the property owner or
owners of such territory, and such territory has been designated as Annexation No. 8 ("Annexed
Area No. 8"); and,
WHEREAS, there has not been at least twelve (12) registered voters residing within the
territory of Annexed Area No. 8 for each of the ninety (90) days preceding June 25, 2013,
therefore, pursuant to the Act the qualified electors of Annexed Area No. 8 shall be the
"landowners" of Annexed Area No. 8 as such term is defined in Government Code Section
53317(f) and each such landowner who is the owner of record as of June 25, 2013 or the
authorized representative thereof, shall have one vote for each acre or portion of an acre of land
that she or he owns within Annexed Area No. 8; and,
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within Annexed Area No. 8 to the qualified electors of
Annexed Area No. 8 and the requirements for impartial analysis and ballot arguments have been
waived with the unanimous consent of the qualified electors of Annexed Area No. 8; and,
WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed
to the qualified electors of Annexed Area No. 8, has received and canvassed such ballots and
made a report to the City Council regarding the results of such canvas, a copy of which is
attached as "Exhibit A"hereto and incorporated herein by this reference; and
City of Atascadero
Resolution No. 2013-060
Page 2 of 7
WHEREAS, at this time the measure voted upon and such measure did receive
unanimous approval of the qualified electors, pursuant to Government Code Section 53339.3(b),
and the City Council desires to declare the results of the election; and
WHEREAS, a map showing Annexed Area No. 8 and designated as Annexation No. 8
(the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated
herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which
is attached as "Exhibit C"hereto and incorporated herein by this reference, has been submitted to
the City Council.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of Atascadero as follows:
SECTION 1: Recitals. The above recitals are all true and correct.
SECTION 2: Findings. This City Council does hereby determine as follows:
1. The unanimous consent to the annexation of Annexed Area No. 8 to the
District has been given by all of the owners of Annexed Area No. 8 and such
consent shall be kept on file in the Office of the City Clerk; and,
2. There has not been at least twelve (12) registered voters residing within the
territory of Annexed Area No. 8 for each of the ninety (90) days preceding
June 25, 2013 therefore, pursuant to the Act the qualified electors of Annexed
Area No. 8 shall be the "landowners" of such Annexed Area No. 8 as such
term is defined in Government Code Section 53317(f); and,
3. The qualified electors of Annexed Area No. 8 have unanimously voted in
favor of the levy of special taxes within Annexed Area No. 8 upon its
annexation to the District.
SECTION 3: Annexed Area No. 8. The boundaries and parcels of territory within
Annexed Area No. 8 and on which special taxes will be levied in order to pay for the costs and
expenses of authorized public services are shown on the Annexation Map as submitted to and
hereby approved by this City Council.
SECTION 4: Declaration Of Annexation. The City Council does hereby determine and
declare that Annexed Area No. 8 is now added to and becomes a part of the District. The City
Council, acting as the Governing Agency of the District, is hereby empowered to levy the
authorized special tax within Annexed Area No. 8.
SECTION 5: Notice. Immediately upon adoption of this Resolution, notice shall be
given as follows:
1. A copy of the annexation map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of
this Resolution.
City of Atascadero
Resolution No. 2013-050
Page 3 of 7
2. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no Iater than fifteen
(15) days after the date of adoption of this Resolution.
On motion by Council Member Sturtevant and seconded by Council Member Kelley, the
foregoing Resolution is hereby adopted in its entirety on this 25'h day of June, 2013, on the
following roll call vote:
AYES: Council Members Kelley,Moreno, Sturtevant and Mayor O'Malley
NOES: None
ABSENT: None
ABSTAINED: Council Member Fonzi
ADOPTED: June 25,2013
CITY OF`A�TASCADERO
:
BY
Tom O'Mal ,Mayor l
ATTEST: t. /
Marcia McClure Torgerson, C.M.C., Citjklerk
APPROVED AS TO FORM:
Zf - 12
Brian A.Pierik, City Attorney
City of Atascadero
Resolution No. 2013-050
Page 4 of 7
EXHIBIT A
Certificate of Election Official and Statement of Votes Cast
City of Atascadero
Resolution No. 2013-050
Page 5 of 7
Certificate of Election Official and Statement of Votes Cast
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO) ss.
CITY OF ATASCADERO )
The undersigned, Election Council of the City of Atascadero, County of San Luis
Obispo, State of California, does hereby certify that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the
votes cast at the
CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 8
SPECIAL ELECTION
in the City of Atascadero, held on June 25, 2013.
1 further certify that this Statement of Votes Cast shows the whole number of votes cast
in the area proposed to be annexed to Community Facilities District No, 2005-1 (Public
Services) of the City of Atascadero for or against the Measure are full, true and correct.
VOTES CAST ON PROPOSITION A: YES 6
NO 0
VOTES CAST ON PROPOSITION B.- YES 6
NO 0
WITNESS my hand this 25th
day of June, 2013
Marcia McClure Torgerson, C.M.C., City Clerk
City of Atascadero
City of Atascadero
Resolution No. 2013-650
Page 5 of 7
EXHIBIT B
Annexation Map
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City of Atascadero
Resolution No. 2013-050
Page 7 of 7
EXHIBIT C
List of Properties to be Annexed
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049-042-018 Oakhaven Village, LLC