Loading...
HomeMy WebLinkAboutR-11000 calling special election for City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch)R 11000 RESOLUTION NO. 11000 (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA CALLING SPECIAL ELECTION FOR CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) WHEREAS, on this date, the City Council (the “City Council”) of the City of San Luis Obispo (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California of Formation of the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), establishing City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) (the “Community Facilities District”), authorizing the levy of a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District; and WHEREAS, on this date, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California Deeming it Necessary to Incur Bonded Indebtedness within City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch)” (the “Resolution Deeming it Necessary to Incur”), deeming it necessary to incur bonded indebtedness in the maximum amount of $25,000,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District as required by the Act; and WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for the special election provided for herein; and WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Luis Obispo indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of February 28, 2019, and, accordingly, that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District; and Resolution No. 11000 (2019 Series) Page 2 R 11000 WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District waiving any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on April 2, 2019 and waiving any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on April 2, 2019. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below. SECTION 3. The City Clerk is hereby designated as the official to conduct said election. SECTION 4. As authorized by Section 53353.5 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be combined into one ballot proposition. SECTION 5. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Community Facilities District as of January 17, 2019, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the special tax. Resolution No. 11000 (2019 Series) Page 3 R 11000 SECTION 6. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have unanimously consented (a) to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), (b) to the holding of said election on April 2, 2019, and (c) to the waiver of any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on April 2, 2019. SECTION 7. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District, which election shall be held at 990 Palm Street, San Luis Obispo, California, on April 2, 2019. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Formation, the Resolution of Deeming it Necessary to Incur, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District. The voted ballots shall be returned to the City Clerk not later than 6:00 p.m. on April 2, 2019; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. SECTION 8. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 et. seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, will govern the election. SECTION 9. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. SECTION 10. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. SECTION 11. Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Section 53327 of the Act. SECTION 12. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 990 Palm Street, San Luis Obispo, California, to and including 6:00 p.m. on April 2, 2019, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Resolution No. 11000 (2019 Series) Page 4 R 11000 SECTION 13. The City Council hereby determines that the facilities financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District. SECTION 14. The specific purposes of the bonded indebtedness proposed to be incurred is the financing of the Facilities (as defined in the Resolution of Formation), including all costs and estimated costs incidental to, or connected with, the accomplishment of such purpose, and the proceeds of such bonded indebtedness shall be applied only to such specific purposes. Upon approval of the proposition to incur bonded indebtedness, and the sale of any bonds evidencing such indebtedness, the City Council shall take such action as may be necessary to cause to be established an account for deposit of the proceeds of sale of the bonds. For so long as any proceeds of the bonds remain unexpended, the Community Development Director of the City shall cause to be filed with the City Council, no later than January 1 of each year, a report stating (a) the amount of bond proceeds received and expended during the preceding year, and (b) the status of any project funded or to be funded from bond proceeds. Said report may relate to the calendar year, fiscal year, or other appropriate annual period, as the Community Development Director of the City shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the City Council. Resolution No. 11000 (2019 Series) Page 5 SECTION 15. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. SECTION 14. This Resolution shall take effect immediately upon its adoption. Upon motion of Council Member Christianson, seconded by Council Member Gomez, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Stewart, Vice Mayor Pease and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of April 2019. ATTEST: Teresa Purrington City Clerk IM istine 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, this 1 la day of Teresa Purrington City Clerk R 11000 Resolution No. 11000 (2019 Series) Page 6 EXHIBIT A R 11000 OFFICIAL BALLOT CITY OF SAN LUIS OBISPO April 2, 2019 SPECIAL ELECTION This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is [___]. The landowner is [__________]. INSTRUCTIONS TO VOTERS: To vote on the measure, mark a cross (+) in the voting square after the word “YES” or after the word “NO”. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Luis Obispo and obtain another. CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) (the “Community Facilities District”) be authorized to incur bonded indebtedness in a maximum amount of not to exceed $25,000,000 and levy a special tax in order to finance certain facilities and shall the annual appropriations limit of the Community Facilities District be established in the amount of $2,500,000, all as specified in the Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California of Formation of the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” and the Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California Deeming it Necessary to Incur Bonded Indebtedness within City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch),” each adopted by the City Council of the City of San Luis Obispo on April 2, 2019? Yes: No: Resolution No. 11000 (2019 Series) Page 7 EXHIBIT A R 11000 Certification for Special Election Ballot I declare under penalty of perjury that I am the owner of record or the authorized representative of the landowner entitled to vote this ballot and that I am the person whose name appears below. Executed on ___________________, 20___, at ________________________, City of _____________________________, California. Name: _________________________________________________________ Address: _______________________________________________________ Signature: ______________________________________________________