HomeMy WebLinkAboutResolution 2026-062City of Atascadero
Resolution No. 2026-062
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RESOLUTION NO. 2026-062
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,
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. 2026-055, 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
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City of Atascadero
Resolution No. 2026-062
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Annexation No. 27, and to Authorize the Levy of Special Taxes Therein” adopted by this City
Council on July 14, 2026.
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
be fully annexed to and made a 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 8th day
of September, 2026.
On motion by Council Member Funk and seconded by Council Member Peek, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADERO
_____________________
Charles Bourbeau, Mayor
ATTEST:
Lara K. Henderson, City Clerk
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City of Atascadero
Resolution No. 2026-062
Exhibit A
EXHIBIT A
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No.
27
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on September 8, 2026, I canvassed the returns of the election held on
September 8, 2026, for the City of Atascadero Community Facilities District No. 2005-1
(Public Services) Annexation No. 27 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. 27
Special Tax Election, September 8, 2026
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. 2026-055
adopted by the City Council on July 14, 2026 (the “Resolution”),
which is incorporated herein by this reference, within the territory
identified on the map entitled “Annexation Boundary Map No. 27 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: X
NO:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 8, 2026.
By:
Lara K. Henderson, City Clerk City of Atascadero
Qualified
Landowner Votes Votes Votes Votes
16
Cast
16__
YES
16__
NO
0__
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