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HomeMy WebLinkAbout3/16/2021 Item 11, Elke Council Agenda Correspondence City of San Luis Obispo, Council Memorandum Date:March 16, 2021 TO:Mayor and Council FROM: Brigitte Elke, Finance Director Prepared by: Esteban Cano-Gutierrez, Financial Analyst VIA:Derek Johnson, City Manager SUBJECT:Item #11–CONSIDER AMENDING THE RATE AND METHOD OF APPORTIONMENT FOR CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH), AND RELATED MATTERS The purpose of this memo is to incorporateAttachment B of the Resolution of Consideration that was omitted when the document was uploadedfor Council Agenda review.The attachment contains the Notice of Public Hearing regarding the proposed changes to the City of San Luis Obispo’s Community Facilities District No. 2019-1 (San Luis Ranch). The attachment is now incorporated in the attached resolution document. Attachment B–Notice of Public Hearing San Luis Ranch Community Facilities DistrictPage 2 RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA,OF CONSIDERATION TO AMEND THE RATE AND METHOD OF APPORTIONMENT FOR CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH), AND RELATED MATTERS WHEREAS,the City Council (the “City Council”) of the City of San Luis Obispo (the “City”) conducted proceedings under and pursuant to the terms and provisions of the “Mello- Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State of California (the “Act”), (i) to form a community facilities district known as “City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch)” (the “Community Facilities District”), (ii) to authorize a special tax to finance certain public facilities, (iii) to authorize the issuance of debt to finance the facilities, and (iv) to establish the appropriations limit for the Community Facilities District, all as set forth in the City Council’s Resolution No. 10998 (2019 Series) (the “Resolution of Formation”), adopted on April 2, 2019; and WHEREAS,the authorized rate and method of apportionment and manner of collection of the special tax for the Community Facilities District, is set forth in Exhibit B to the Resolution of Formation; and WHEREAS,Presidio MI SLR 198, LLC, Presidio WH SLR 83 SFR, LLC, WH SLR 80, LLC, Presidio MI SLR 96, LLC, and Williams Communities, LLC (together, the “Owners”), the owners of the land subject to the special tax within the Community Facilities District, have requested that the authority to levy the special taxes be amended to, among other things,provide for an undeveloped tax on all of the planned multifamily housing within the Community Facilities District; and WHEREAS,these proposed changes in the authority conferred upon the City Council by the Community Facilities District are referred to herein as the “Proposed Amendments”; and WHEREAS,the City Council previously adopted its Resolution No. 10986 (2019 Series) on February 19, 2019, describing the facilities to be financed through the Community Facilities District, and no change to the facilities is contemplated here; and WHEREAS,there has been no change in the name of the Community Facilities District since its formation, nor is any contemplated here;and WHEREAS,the boundaries of the Community Facilities District are shown on the boundary map approved by Resolution No. 10986 (2019 Series), adopted on February 19, 2019, which map was recorded in the official records of the County of San Luis Obispo on March 5, 2019, in Book 6 of Maps of Assessment and Community Facilities Districts at page 12, and there has been no change in the boundaries of the Community Facilities District since its formation, nor is any contemplated here; and San Luis Ranch Community Facilities DistrictPage 3 WHEREAS,the City Council has determined that the public convenience and necessity require the consideration of the Proposed Amendments; and WHEREAS,the City Council is fully advised in this matter. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.The City Council hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to public affairs of the City and that the statements, findings,and determinations of the City set forth above are true and correct and that the consideration of the Proposed Amendments to the authority conferred upon the City Council by the Community Facilities District is important to the public welfare of the residents of the City, and involve significant public benefits. SECTION 2.It is proposed to replace the Rate and Method of Apportionment, as set forth in Exhibit B to the Resolution of Formation, with the Amendedand RestatedRate and Method of Apportionment, as set forth in Exhibit A hereto. SECTION 3.The City Council hereby setsTuesday, April 20, 2021, at 6:00p.m., or as soon thereafter as the City Council may reach the matter, via teleconference as the time and place for a public hearing to be held by the City Council to consider the Proposed Amendments and all other matters set forth in this resolution. At the public hearing, any persons interested, including all taxpayers, property owners, and registered voters within the Community Facilities District, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the adoption of the Proposed Amendments or on any other matters set forth herein, will be heard and considered. In the event the April 20, 2021 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the agenda notice for such City Council meeting. SECTION 4.Any protests to the proposals in this resolution may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of these proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. The City Council may waive any irregularities in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. All written protests not presented in person by the protester at the public hearing must be filed with the City Clerk at or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. SECTION 5.Written protests by a majority of the registered voters residing and registered within the Community Facilities District (if at least six such voters so protest), or by the owners of a majority of the land area within the Community Facilities District not exempt from the special tax, will require suspension of these proceedings for at least one year. If such protests are directed only against certain elements of the Proposed Amendments, only those elements need be excluded from the proceedings. San Luis Ranch Community Facilities DistrictPage 4 SECTION6.The public hearing may be continued from time to time, but shall be completed within 30 days, except that if the City Council finds that the complexity of the Community Facilities District or the need for public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed 6 months. SECTION7.At the public hearing, the City Council may modify this resolution by eliminating or modifying (by reducing the extent of) any of the Proposed Amendments. SECTION 8.At the conclusion of the public hearing, the City Council may abandon these proceedings or may, after passing upon all protests, determine to proceed with conducting special mailed-ballot elections within the Community Facilities District to determine if the Proposed Amendments should be adopted. If, at the conclusion of the public hearing, the City Council determines to proceed with the elections, it expects that theproposed voting procedure will involve an election by the landowners within the Community Facilities District voting in accordance with the Act, as the City Council is informed that during the 90 days prior to the date set for the hearing, there were no registered voters residing within the Community Facilities District. The City Council will require this information to be confirmed before ordering the election. SECTION 9.The City Clerk shall give notice of the time and place of the public hearing by publishing a Notice of Public Hearing substantially in the form attached hereto as Exhibit B once in a newspaper of general circulation published in the area of the Community Facilities District, pursuant to section 6061 of the California Government Code, andpublication must be completed at least seven days prior to the date set for such public hearing. SECTION10.Resolution shall take effect immediately upon its adoption. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ San Luis Ranch Community Facilities DistrictPage 5 Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________________. ____________________________________ Teresa Purrington City Clerk San Luis Ranch Community Facilities DistrictPage 6 EXHIBIT A AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT (EXHIBIT B -COUNCIL AGENDA REPORT) San Luis Ranch Community Facilities DistrictPage 7 EXHIBIT B NOTICE OF PUBLIC HEARING REGARDING PROPOSED CHANGES TO THE CITY OF SAN LUIS OBISPO’S COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) Tuesday, April 20, 2021 6 p.m. 990 Palm Street, San Luis Obispo, California On Tuesday, March 16, 2021, the City Council (the “City Council”) of the City of San Luis Obispo (the “City”) adopted its Resolution No. \[____\] (2021 Series) (the “Resolution of Consideration”) by which it has scheduled a public hearing to give consideration to amending the powers currently conferred upon the City Council by the City’s Community Facilities District No. 2019-1 (San Luis Ranch) (the “Community Facilities District”). At a special election within the Community Facilities District held on April 2, 2019, the City Council was authorized, among other things, to levy a special tax to finance certain public facilities and to issue debt to finance the facilities. The special tax to be levied in the Community Facilities District is referred to herein as the “Rate and Method of Apportionment.” The Community Facilities District was formed under the “Mello-Roos Community Facilities Act of 1982,” Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 53311 (the “Act”). The Act provides that changes in the powers conferred upon the City Council by the Community Facilities District may be considered and submitted to the qualified electors of the Community Facilities District. The first step in that process is to describe the proposed changes and to schedule and hold a public hearing on them. In its Resolution of Consideration, the City Council has set forth the proposed changes (the “Proposed Amendments”) and scheduled the public hearing. This Notice contains a brief summary of the Proposed Amendments, but you are referred to the Resolution of Consideration for the definitive description of the Proposed Amendments, including a description of the Community Facilities District and a description of the amended and restated rate and method of apportionment. The Public Hearing: The City of San Luis Obispo City Council will hold the public hearing on Tuesday, April 20, 2021, at 6 p.m. via teleconference, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the agenda notice for such City Council meeting. At the public hearing, any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, may appear and be heard, and the oral or written testimony of all interested persons or taxpayers for or against any of the proposed changes to the authority conferred on the City Council, will be heard and considered. San Luis Ranch Community Facilities DistrictPage 8 Any protests to the proposed changes may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. The City Council may waive any irregularities in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. All written protests not presented in person by the protester at the public hearing must be filed with the City Clerk at or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Written protests by a majority of the registered voters residing and registered within the Community Facilities District (provided they number at least 6), or by the owners of a majority of the land area within the Community Facilities District does not exempt from the special tax, will require suspension of these proceedings for at least one year. If such protests are directed only against certain elements of the proposed changes, only those elements need be excluded from the proceedings. The Proposed Amendments: The proposed changes are to amend the rate and method of apportionment in the Community Facilities District to, among other things, provide for an undeveloped tax on all of the multifamily housing within the Community Facilities District. For a definitive description of the Proposed Amendments, you are referred to the Resolution of Consideration itself, a copy of which is available from the City Clerk. For the Proposed Amendments to take effect, a public hearing must be held on the Proposed Amendmentsand the qualified electors within the Community Facilities District must approve the Proposed Amendments by a two-thirds vote. As the Community Facilities District is uninhabited, or inhabited by fewer than 12 registered voters, the qualified electors are, pursuant to the Act, the owners of property within the Community Facilities District. The City’s special tax consultant has studied the Proposed Amendments and will provide, at or before the time of the public hearing, a report which will contain a brief description of the Proposed Amendments and a brief analysis of the impact of the Proposed Amendments on the probable special tax to be paid by the owners of lots or parcels in the Community Facilities District. The report will be available for inspection by the public and will become a part of the record of the public hearing. Questions should be directed to Economic & Planning Systems, Inc., Special Tax Consultant, at (916) 649-8010. Dated: \[______ __\], 2021. City Clerk City of San Luis Obispo