HomeMy WebLinkAboutConsent and Waiver - Community Facilities District no 2019-1 San Luis RanchCONSENT AND WAIVER
CITY OF SAN LUIS OBISPO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(SAN LUIS RANCH)
City Council
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Members of the City Council:
This is a consent and waiver with respect to certain procedural matters under the Mello -
Roos Community Facilities Act of 1982 (the "Act"), and the undersigned hereby states as
follows:
1. Landowner; Property. This Consent and Waiver is submitted by MI San Luis
Ranch, LLC (the "Landowner"), as the legal owner of the real property described in Exhibit A
attached hereto and made a part hereof (the "Property"). Pursuant to a petition of the Landowner,
the City Council (the "City Council") of the City of San Luis Obispo (the "City") has
commenced proceeding under the Act to establish a community facilities district proposed to be
named City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) (the
"Community Facilities District"). All of the Property is proposed to be included within the
boundaries of the Community Facilities District and no other real property not exempt from the
special tax is proposed to be included within the boundaries of the Community Facilities District.
The Property consists of approximately 131.3 acres.
The boundaries of the territory that is proposed for inclusion in the Community Facilities
District are described in Exhibit B attached hereto and made a part hereof.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to authorize the levy of a special tax in the
Community Facilities District to finance certain public facilities, and to authorize special tax
bonds for the Community Facilities District in an amount not to exceed $25,000,000. The public
facilities proposed to be financed by the Community Facilities District pursuant to the Act are
described under the caption "Facilities" on Exhibit C attached hereto. The City Council has fixed
April 2, 2019 at 6:00 p.m. or as soon thereafter as the City Council may reach the matter, at 990
Palm Street, San Luis Obispo, California, as the time and place where the City Council will
conduct public hearings on the establishment of the Community Facilities District and the
proposed debt issue of the Community Facilities District. The Landowner hereby acknowledges
and agrees that notices of the hearings were published by the City Clerk on March 21, 2019 in
the New Times, a newspaper of general circulation published in the area of the Community
Facilities District. The Landowner hereby acknowledges and agrees that it had actual notice of
the public hearings, that notice of such hearings has been given in accordance with the Act, that
it waives any and all defects (if any) in such notice, and that it waives any rights it may have to
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make any protest or complaint or to undertake any legal action challenging the adequacy of such
notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of the Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90 -day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have 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 of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each person who is the owner of land at the close of
said public hearings, or the authorized representative thereof, shall have one vote for each acre or
portion of an acre of land that he or she owns within the Community Facilities District not
exempt from the special tax. The Landowner hereby acknowledges and agrees that if, as
anticipated, said public hearings are closed on the date hereof, said vote shall, pursuant to
Section 53326(b) of the Act, be by the landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under
the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to
levy a special tax in the Community Facilities District and to establish an appropriations limit for
the Community Facilities District be conducted using mailed or hand -delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on April 2, 2019,
said election would be held less than 90 days after the anticipated close of the April 2, 2019
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the Landowner, as the owner of all of the property not exempt
from the special tax within the boundaries of the Community Facilities District and the sole
qualified elector of the Community Facilities District, is entitled, pursuant to Section 53326 of
the Act, with the concurrence of the election official for said special election, to consent to the
waiver of 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). The
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Landowner hereby consents to the waiver of, and hereby waives, 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), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner further consents to the
waiver of, and hereby waives, the requirements regarding identification envelopes for the return
of mailed ballots contained in Section 53327.5 of the Act. The Landowner hereby consents to the
holding of said special election on April 2, 2019.
The Landowner hereby acknowledges and agrees that the Landowner, as the owner of all
of the property not exempt from the special tax within the boundaries of the Community
Facilities District and the sole qualified elector of the Community Facilities District, is entitled
(a) pursuant to Section 53327(b) of the Act, to consent to the waiver of any impartial analysis,
arguments or rebuttals, with respect to the special election on the proposition to incur bonded
indebtedness of the Community Facilities District, to levy a special tax in the Community
Facilities District and to establish an appropriations limit for the Community Facilities District,
and (b) pursuant to Section -53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any requirement pertaining to the conduct of
said special election. The Landowner hereby acknowledges and agrees that said special election
is to be held without the preparation of an impartial analysis and arguments and rebuttals, if any,
as permitted by Section 53327(b) of the Act. The Landowner hereby consents to the waiver of,
and hereby waives, the requirement in Section 53327(a) that there be prepared and included in
the ballot material provided to each voter an impartial analysis pursuant to Section 9160, 9280 or
9500 of the California Elections Code, and arguments and rebuttals, if any, pursuant to Sections
9162 to 9167, inclusive, and Section 9190 of the California Elections Code or pursuant to
Sections 9281 to 9287, inclusive, and Section 9295 of the California Elections Code, or pursuant
to Sections 9501 to 9507, inclusive, of the California Elections Code, or pursuant to other
provisions of law applicable to other special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to authorize the levy of special taxes
in the Community Facilities District and to authorize special tax bonds for the Community
Facilities District, or in the conduct of the election, whether known or unknown (other than, in
the case of the election, the right to have ballots accurately counted), and the Landowner hereby
represents that the election is being expedited pursuant to this Consent and Waiver, at the
particular request of the Landowner. The Landowner further waives its right to make any protest
or complaint or to undertake any legal action challenging the validity of the election.
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6. Authorized Representatives. The undersigned, Michael M. Sullivan and Gary
Grossman, have been duly authorized by the Landowner and possess all authority necessary to
execute this Consent and Waiver on behalf of the Landowner in connection with the election to
be held by under the Act on the proposition to incur bonded indebtedness of the Community
Facilities District, to levy a special tax in the Community Facilities District and to establish an
appropriations limit for the Community Facilities District, and are the authorized representatives
of the Landowner authorized to execute ballots on behalf of the Landowner and to vote in the
election referred to herein. The signature set forth opposite the name of each authorized
representative is the genuine signature of such person:
Name
Michael M. Sullivan
Gary Grossman
Sip -nature
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
MI San Luis Ranch, LLC c/o Presidio Residential Capital, 9740 Appaloosa Road, Suite 230, San
Diego, CA 92131, Attention: Walter Heiberg.
This Consent and Waiver is dated as of April 2, 2019.
MI SAN LUIS RANCH, LLC
a Delaware limited liability company
By: MI ENTITLEMENT IV, LLC
a Delaware limited liability company
Its: Manager
By: GGCCB, LLC,
a California limited liability company
Its: Co -Manager
By:
Gary Grossman
Its: Managing Member
By: Presidio Merced Land IV Passive, LLC
a Delaware limited liability company
Its: Co -Manager ,
By:
Michael livan
Its: Authorized Representative
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6. Authorized Representatives. The undersigned, Michael M. Sullivan and Gary
Grossman, have been duly authorized by the Landowner and possess all authority necessary to
execute this Consent and Waiver on behalf of the Landowner in connection with the election to be
held by under the Act on the proposition to incur bonded indebtedness of the Community Facilities
District, to levy a special tax in the Community Facilities District and to establish an appropriations
limit for the Community Facilities District, and are the authorized representatives of the
Landowner authorized to execute ballots on behalf of the Landowner and to vote in the election
referred to herein. The signature set forth opposite the name of each authorized representative is
the genuine signature of such person:
Name Signature
Michael M. Sullivan
Gary Grossman
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
MI San Luis Ranch, LLC c/o Presidio Residential Capital, 9740 Appaloosa Road, Suite 230, San
Diego, CA 92131, Attention: Walter Heiberg.
This Consent and Waiver is dated as of April 2, 2019.
MI SAN LUIS RANCH, LLC
a Delaware limited liability company
By: MI ENTITLEMENT IV, LLC
a Delaware limited liability company
Its: Manager
By: GGCCB, LLC,
a California lira
Its: Co -Manager ,
0
Its: Manacling Member
By: Presidio Merced Land IV Passive, LLC
a Delaware limited liability company
Its: Co -Manager
Michael M. Sullivan
Its: Authorized Representative
4
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EXHIBIT A
DESCRIPTION OF PROPERTY
The Property consists of the San Luis Obispo County Assessor Parcel Nos. set forth
below. The Property constitutes all of the property included within the boundaries of the
Community Facilities District.
067-121-022
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EXHIBIT B
THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT
The boundaries of the Community Facilities District are depicted in the attached map.
B-1
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EXHIBIT C
FACILITIES
In addition to the facilities described below, other expenses incidental to the below and
authorized by the Act, including but not limited to: the cost of planning, permitting, and
designing the facilities (including the cost of environmental evaluation, orthophotography,
environmental remediation/mitigation); land acquisition and easement payments for the
facilities; project management; construction staking; engineering studies and reports; utility
relocation and demolition costs incidental to construction of the facilities, wetland/species
mitigation purchase; reimbursements to other areas for infrastructure facilities or planning
serving development in the Community Facilities District; legal, engineering, technical studies
costs related to the facilities and any other expenses incidental to the construction, completion,
and inspection of the facilities.
Transportation Improvements
Public roadway and bikeway improvements designed to meet the needs of the project, including
those improvements identified in the San Luis Ranch Financing Plan, including but not limited
to:
ROADWAYS
1 Froom Ranch Way (Prado to Oceanaire) Including Bridge
2 Froom Ranch Way (Oceanaire to Target Driveway)
3 Froom Ranch Way & LOVR Intersection Widening
4 Prado Road/US 101 Overpass and North Bound Lanes
5 Prado Road Southbound Ramps
6 Madonna & Dalidio/Prado Intersection Widening
OTHER AREA ROADWAYS (MITIGATIONS)
7 Madonna & SB 101 Off Ramp - Lengthen EB Left Turn Pocket
8 Madonna & Oceanaire Pedestrian X-ing Enhancements
9 Madonna & San Luis Ranch Way Pedestrian X-ing Enhancement
10 LOVR & SB 101 Off Ramp - Lengthen Left Turn Pocket
11 LOVR & Higuera - Lengthen EB Right Turn Pocket
12 Higuera & South - Lengthen NB Right Turn Pocket
OTHER AREA ROADWAY MITIGATIONS - FEE ONLY PROJECTS
13 Prado & Higuera Widening
14 Madonna Rd @ LOVR - Signal Timing Optimization
15 Madonna & Oceanaire Turn Lane Extensions
16 Madonna & LOVR - Turn Lane Extensions
17 LOVR & Auto Park Way Signalization
18 Higuera & Tank Farm - Lengthen NB Right Turn Pocket
SLR BIKEWAYS
19 Prado Road Class I Path (Madonna to Froom)
20 Madonna Road Class I Path / Protected bikeway (Hwy 101 to Oceanaire)
21 Bob Jones Trail (Calle Joaquin to Froom Ranch Road)
SLR BIKEWAYS - FEE ONLY PROJECTS
22 Prado Road Class I Path (NB Ramps to Higuera)
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23 1 Bob Jones Trail (Madonna to Prado)
Eligible roadway improvements include the following items: acquisition of land and easements;
roadway design; project management; geotechnical engineering, testing and observations; bridge
crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving
(including slurry seal), and decorative/enhanced pavement concrete or pavers; power pole
relocations; joint trenches, underground utilities, and undergrounding of existing utilities; dry
utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including on- and off-site), park
and ride facilities, bus rapid transit improvements, including transfer stations and regional public
transit improvements; retaining walls, sound walls, enhanced fencing, and access ramps; street
lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion
control; median and parkway landscaping and irrigation; entry monumentation; bus shelters;
masonry walls; and other improvements related thereto. Eligible improvements for the roads
listed above also include any and all necessary underground potable and non -potable water,
sanitary sewer, and storm drainage system improvements.
Potable and Non -Potable Water System Improvements
Authorized facilities include any and all on- and off-site backbone water facilities designed to
meet the needs of development of the project. These facilities include potable and non -potable
mains, valves, services, and appurtenances; wells; and water treatment and storage facilities, and
related improvements, including but not limited to: site clearing, grading, and paving; curbs and
gutters; recycled water storage tanks, booster pump stations, and all appurtenances thereto; wells;
water treatment; stand-by generator; site lighting, drainage, sanitary sewer, and water service;
landscaping and irrigation; access gates and fencing; striping and signage; and the following:
• Water lines in/associated with authorized facility roads.
• Recycled water lines in/associated with authorized facility roads.
Drainage System Improvements
Authorized facilities include any and all on- and off-site backbone drainage and storm drainage
improvements designed to meet the needs of development of the project. These facilities include
mains, pipelines and appurtenances, outfalls and water quality measures, temporary drainage
facilities, detention/retention basins, and drainage pretreatment facilities; drainage
ways/channels, pump stations, landscaping, and irrigation; access roads, gates, and fencing;
striping and signage; and the following:
0 All storm drain lines and facilities in/associated with authorized facility roadways.
• Retention, detention, hydro -modification, and other drainage facilities.
Wastewater System Improvements
Authorized facilities include any and all on- and off-site backbone wastewater facilities designed
to meet the needs of development of the project. These facilities include pipelines and all
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appurtenances thereto; manholes; tie-in to existing main line; force mains; lift stations; odor -
control facilities; sewer treatment plant improvements and permitting related thereto; and related
sewer system improvements, including but not limited to:
• All wastewater facilities in/associated with authorized facility roadways.
Solid Waste Improvements
Authorized facilities include any and all backbone solid waste improvements designed to meet
the needs of development of the project.
Park and Landscape Corridor Improvements
Authorized facilities include any and all improvements to parks and landscape corridors located
in the project.
Open Space Improvements
Authorized facilities include any and all open space improvements designed to meet the needs of
development of the project, including bike trails, bike/pedestrian bridges, storm drain crossings,
storm drain detention/retention, wetland mitigation, tree mitigation, agricultural mitigation or
wetland mitigation, property acquisition, endowment payments for open space management,
landscaping and irrigation, access gates and fencing, and related open space improvements.
Utilities
Authorized facilities include any and all on- and off-site utility improvements designed to meet
the needs of development of the project, including but not limited to:
• New 24" HDPE Sewer Trunk Line.
All utility improvements, easement payments, and land acquisition not located under or
alongside transportation improvements are considered authorized facilities.
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