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Home My WebLink AboutR-11238 calling a Special Mailed-Ballot Election related to change proceedings within City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) R 11238 RESOLUTION NO. 11238 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CALLING A SPECIAL MAILED-BALLOT ELECTION RELATED TO CHANGE PROCEEDINGS WITHIN CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) 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, as amended (being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California), and all laws amendatory thereof or supplemental thereto (the “Act”), (i) to form its 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”) and Resolution No. 10999 (2019 Series) (the “Resolution Deeming it Necessary to Incur Bonded Indebtedness”), both adopted on April 2, 2019; and WHEREAS, on March 16, 2021, the City Council adopted its Resolution No. 11233 (2021 Series) (the “Resolution of Consideration”) in which it determined to consider replacing the Rate and Method of Apportionment set forth in Exhibit B to the Resolution of Formation with the Amended Rate and Method of Apportionment set forth in Exhibit A to the Resolution of Consideration (the “Proposed Amendments”); and WHEREAS, the Resolution of Consideration set a public hearing to be held on April 20, 2021; and WHEREAS, the Public Hearing has been held as scheduled and all persons interested were permitted to testify and to submit written protests to the Proposed Amendments; and WHEREAS, the City Council determined that there was no majority protest under Section 53337 of the Government Code of the State of California, and thus the City Council is permitted to continue with these proceedings; and WHEREAS, in order for the Proposed Amendments to be effective, they must be submitted to an election of the qualified elector s of the Community Facilities District; and WHEREAS, a Certificate Re: Landowners (the “Certificate re: Landowners”) has been filed with the City Clerk (the “Clerk”) and submitted to the City Council, certifying that during the 90 days preceding the close of the Public Hearing on April 20, 2021, there were no persons registered to vote within the territory of the Community Facilities District; and Resolution No. 11238 (2021 Series) Page 2 R 11238 WHEREAS, a Certificate of Clerk re: Receipt of Property Owner Waiver and Consent Forms, has been submitted by the Clerk, stating that each landowner, or an authorized representative of each landowner, has filed with the Clerk a properly executed Waiver and Consent (as defined below) in substantially the form attached hereto as Exhibit B, and by this reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: Section 1. The above recitals are true and correct, and the City Council so finds and determines. Section 2. The City Council accepts the Certificate re: Landowners filed in these proceedings and finds, in accordance therewith, that during the 90 days just past, there were no registered voters residing within the boundaries of the Community Facilities District. Accordingly, under Section 53326(b) of the Government Code of the State of California, the qualified electors of the Community Facilities District for the proposed special election shall be the owners of land within the Community Facilities District. Section 3. The City Council further finds and determines that the owners of land within the Community Facilities District (the “Landowners”) are the landowners set forth in the attachment to the Certificate re: Landowners and that the attachment correctly sets forth the amount of property owned by each Landowner and the number of votes to which each Landowner is entitled pursuant to Section 53326(b), being the number of acres owned rounded up to the next whole acre. Section 4. The City Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting a Mailed-Ballot Election (the “Waiver and Consent”) by which the time limits and related requirements respecting preparation and distribution of election materials are waived, a form of which is attached hereto as Exhibit B. The City Council hereby finds that the rights, procedures, and time periods therein waived are solely for the protection of the qualified electors and may be waived by the qualified electors under Section 53326(a) and 53327(b) of the Act and under other provisions of law dealing with waiver generally, and that the Waiver and Consent constitutes a full and knowing waiver, by any qualified elector who has executed the form, of those rights, procedures, and time periods. Section 5. The City Council further finds and determines, based on a Certificate of Clerk re: Receipt of Property Owner Waiver and Consent Forms provided this date by the Clerk that each Landowner, or an authorized representative of each Landowner, has filed with the Clerk a properly executed Waiver and Consent in substantially the form of Exhibit B hereto. The City Council therefore is establishing the procedures and time periods for this special mailed -ballot election without regard to statutory schedules. Resolution No. 11238 (2021 Series) Page 3 R 11238 Section 6. Pursuant to Sections 53338(a) and 53326 of the Government Code of the State of California, the City Council hereby calls an election, to be held and conducted upon adoption of this Resolution, and sets April 20, 2021, as the election date. Pursuant to Section 53326 of the Government Code, the election shall be conducted by mailed ballot; provided that personal service of the respective ballots to authorized representatives of each Landowner is permitted under the terms of the Waiver and Consent forms on file with the Clerk and shall therefore be permitted. The Clerk is directed to either mail or make personal service of the ballots, in the form of the attached Exhibit A, to each Landowner or, if one has been appointed pursuant to a Waiver and Consent, to the Landowner’s authorized representative. Section 7. The proposition to be submitted to the qualified electors of the Community Facilities District shall be as set forth in the form of special election ballot attached hereto as Exhibit A. Section 8. The Clerk is hereby designated as the official to conduct the special mailed- ballot election pursuant to the Act and California Elections Code Sections 307 and 320 and the following provisions: a) The special election shall be held and conducted, and the votes canvassed and the returns made, and the results determined, as provided herein; and in all particulars not prescribed by this Resolution the special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections consistent with the Act. b) All Landowners within the Community Facilities District as of the close of the Public Hearing shall be qualified to vote upon the proposition to be submitted at the special election. c) The special election shall be conducted as a mailed-ballot election, in accordance with the provisions of the Act and the prior proceedings of the City taken thereunder, and there shall be no polling places for the special election. All ballots shall be delivered or mailed by the Clerk to the Landowners, and all voted ballots are required to be received by the Clerk not later than 6:00 p.m. on the date of the election in order to be counted. However, if at any time the Clerk determines that all votes have been cast, the Clerk shall immediately declare the election closed. d) The Clerk shall commence the canvass of the returns of the special election and report the returns to the City Council no later than the City Council meeting of April 20, 2021. e) The City Council may thereupon declare the results of the special election and shall cause to be spread upon its minutes a statement of the results of the special election as ascertained by the canvass. Resolution No. 11238 (2021 Series) Page 4 R 11238 Section 9. This Resolution shall take effect immediately upon its adoption. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None RECUSED: Council Member Marx The foregoing resolution was adopted this 20th day of April 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ 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