HomeMy WebLinkAboutR-11239 Resolution of Change relating to City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch)R 11239
RESOLUTION NO. 11239 (2021 SERIES)
A RESOLUTION OF CHANGE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, CALIFORNIA, RELATING TO CITY OF SAN
LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN
LUIS RANCH)
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, pursuant to the Resolution of Consideration, City staff was directed to engage
a special tax consultant to study, or cause to be studied, the Proposed Amendments and, at or
before said public hearing, file a report with the City Council containing 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;
and
WHEREAS, said report was so filed with the City Council and made a part of the record
of said public hearing; and
WHEREAS, in order for the Proposed Amendments to be effective, a two-thirds
approving vote by the qualified electors within the Community Facilities District is required; and
WHEREAS, a special mailed-ballot election has been conducted within the Community
Facilities District pursuant to Resolution No. 11238 (2021 Series), adopted by the City Council on
April 20, 2021, to which reference is made for further particulars; and
WHEREAS, a Certificate of the City Clerk (the “Clerk”) Re Election Results (the
“Certificate of Election Results”) has been filed with the City Council; and
WHEREAS, the City Council has received, reviewed, and hereby accepts the Certificate
of Election Results; and
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 hereby finds and determines and declares that the ballot
measure submitted to the qualified electors of the Community Facilities District has been passed
and approved by those qualified electors in accordance with Sections 53338 of the Government
Code of the State of California.
Resolution No. 11239 (2021 Series) Page 2
R 11239
Section 3. The City Council hereby finds and determines and declares that the authority
conferred upon it by the Community Facilities District has been changed in accordance with the
Proposed Amendments as set forth in the Resolution of Consideration.
Section 4. The City Council hereby authorizes and directs the Clerk to cause an Amended
Notice of Special Tax Lien to be prepared and to be recorded with the County Recorder of the
County of San Luis Obispo (the “County Recorder”) in accordance with the provisions of Section
3117.5 of the Streets and Highways Code of the State of California and Section 53338(c) of the
Government Code of the State of California. The Amended Notice of Special Tax Lien shall
include, as an attachment, Exhibit A to the Resolution of Consideration and be recorded in the
County Recorder’s office within fifteen days of the date of adoption of this Resolution.
Section 5. 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