Agenda, first session — Fairfield City Council, May 17, 2022 (part 3 of 3)

Section 2. The council hereby finds that the location, purpose, and extent of the proposed vacation of the portion of Guittard Way, more particularly described and shown on Exhibits “A” and “B” attached hereto, is consistent with the Fairfield General Plan.

Section 3. Pursuant to Section 8324 of the Streets and Highways Code, the council hereby finds that the excess right of way associated with the portion of Guittard Way, more particularly described and shown on Exhibits “A” and “B” attached hereto, is unnecessary for present or prospective public use and is not useful as a non-motorized transportation facility (ie. for bikes and pedestrians).

Section 4. The council hereby vacates the portion of Guittard Way, more particularly described and shown on Exhibits “A” and “B” attached hereto, subject to the reservations and exceptions contained in Section 5.

Section 5. The right-of-way vacated, pursuant to Section 4, is hereby subject to the following reservations and exceptions: A public service easement and all rights necessary to maintain, operate, replace, remove or renew any existing public utilities and public service facilities, pursuant to Section 8340(c) of the Streets and Highways Code.

Section 6. The city clerk is hereby authorized and directed to record in accordance with Section 8336 of the Streets and Highways Code a certified copy of the Resolution, attested by the city clerk and under the seal of this city, in the office of the county recorder of Solano County.

Section 7. Upon completion of the vacation, the city manager is hereby authorized to take all actions necessary and proper to effectuate a lot merger between the vacated area and adjacent APN 0028-200-710, including but not limited to executing on behalf of the City of Fairfield a grant deed from the City to developer.

Packet Page 313 of 345Attachment 2 Page 2 of 3

RES. NO. 2022-115

Page 3 ends

PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 314 of 345Attachment 2 Page 3 of 3

Packet Page 315 of 345Attachment 3 Page 1 of 3

Packet Page 316 of 345Attachment 3 Page 2 of 3

Packet Page 317 of 345Attachment 3 Page 3 of 3

Packet Page 318 of 345Attachment 4 Page 1 of 4

Packet Page 319 of 345Attachment 4 Page 2 of 4

Packet Page 320 of 345Attachment 4 Page 3 of 4

Packet Page 321 of 345Attachment 4 Page 4 of 4

Agenda Item No: 22.

AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022116 of the City Council of the City of Fairfield Annexing Territory (Yelton Properties LLC) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 57, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022117 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 57 (Yelton Properties LLC)
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The conditions of approval for the Yelton Properties LLC development requires that the property be annexed to Community Facilities District No. 20122 (CFD 20122). CFD 20122 was formed by the City of Fairfield to provide funding for public safety services, open space operation, and park maintenance. A public hearing must be held on the question of whether to annex the property to CFD 20122 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD 20122, authorize the levy of a special tax within the annexed territory subject to voter approval, call an election to allow the property owner to cast a ballot on the levy of the special tax, and declare the result of such election.

The property proposed for annexation is owned by Yelton Properties LLC and is located south of Central Way and west of Commerce Court within the boundaries of assessor’s parcel numbers 044 090040, 044090050, 044090060, 044090070, 044090080 and 044090110, as depicted on Exhibit A. The development on the property will be a storage and equipment yard. Development of this property will change the property’s characteristics and manner in which the property will be used thereby creating a need for more services funded by CFD 20122.

The City contracts with Willdan Financial Services for the preparation of resolutions and the completion of balloting procedures for annexations to existing CFDs. This process is a specialty service that the City has contracted out since 1995 on an individual consultant services basis for each development requiring annexation to a MelloRoos community facilities district.

Council adopted Resolution 202263 on April 5, 2022, to declare its intention to annex the territory to CFD 20122, and set a public hearing for May 17, 2022. Following the public hearing, and in the absence of a majority protest and approval by the property owner, the adoption of the attached resolutions will annex the territory to CFD 20122, call and hold an election of the property owner within the annexed territory, declare the results of the special election, and authorize the levy of the special taxes within the annexed territory, thereby concluding the annexation process. Since the conditions of approval for the development require the territory to be annexed to CFD 20122 and Yelton Properties LLC is the sole owner of the parcels and the only elector qualified to vote in the special election, a majority protest regarding the annexation is not anticipated.

Once the annexation is complete, the annexed territory will be designated as Annexation No. 57. The property owner of Annexation No. 57 will be required to pay annual special taxes for CFD 20122, beginning in fiscal year (FY) 20222023 as itemized on their property tax bill in accordance with the Rate and Method of Apportionment of Special Tax for CFD 20122.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $264.62, which is based on the FY 20222023 maximum special tax rate for industrial property. The CFD 20122 maximum special tax rates include an automatic annual Consumer Price Index adjustment. The process for the annexation is funded by the developer and no General Fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If council has any questions concerning the required annexation of this development, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
Packet Page 323 of 345

Agenda Item No: 22.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022116 of the City Council of the City of Fairfield Annexing Territory (YeltonProperties LLC) to Community Facilities District No. 20122 (Public Safety Services,Open Space Operation, and Park Maintenance) as Annexation No. 57, Authorizing theLevy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a SpecialTax to the Qualified Electors Thereof; and Resolution 2022117 of the City Council of the City of Fairfield Declaring the Results ofa Special Annexation Election in Territory Annexed to Community Facilities District No.20122 (Public Safety Services, Open Space Operation, and Park Maintenance),Determining the Validity of Prior Proceedings, and Directing Recording of AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 57 (Yelton Properties LLC)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Yelton Properties LLC development requires that the property beannexed to Community Facilities District No. 20122 (CFD 20122). CFD 20122 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. A public hearing must be held on the question of whether to annex the property to CFD20122 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD20122, authorize the levy of a special tax within the annexed territory subject to voter approval, call anelection to allow the property owner to cast a ballot on the levy of the special tax, and declare the resultof such election.DISCUSSIONBy Resolution 2012233, the City Council established CFD 20122, a MelloRoos community facilitiesdistrict, with the intention that future development within the city would annex to this district. The specialtaxes collected from the property owners within the district are used to fund public safety services, openspace operation, and park maintenance in the Fairfield area.The property proposed for annexation is owned by Yelton Properties LLC and is located south ofCentral Way and west of Commerce Court within the boundaries of assessor’s parcel numbers 044090040, 044090050, 044090060, 044090070, 044090080 and 044090110, as depicted onExhibit A. The development on the property will be a storage and equipment yard. Development of thisproperty will change the property’s characteristics and manner in which the property will be usedthereby creating a need for more services funded by CFD 20122.The City contracts with Willdan Financial Services for the preparation of resolutions and the completionof balloting procedures for annexations to existing CFDs. This process is a specialty service that theCity has contracted out since 1995 on an individual consultant services basis for each developmentrequiring annexation to a MelloRoos community facilities district.Council adopted Resolution 202263 on April 5, 2022, to declare its intention to annex the territory toCFD 20122, and set a public hearing for May 17, 2022. Following the public hearing, and in theabsence of a majority protest and approval by the property owner, the adoption of the attachedresolutions will annex the territory to CFD 20122, call and hold an election of the property owner withinthe annexed territory, declare the results of the special election, and authorize the levy of the specialtaxes within the annexed territory, thereby concluding the annexation process. Since the conditions ofapproval for the development require the territory to be annexed to CFD 20122 and Yelton PropertiesLLC is the sole owner of the parcels and the only elector qualified to vote in the special election, amajority protest regarding the annexation is not anticipated.Once the annexation is complete, the annexed territory will be designated as Annexation No. 57. Theproperty owner of Annexation No. 57 will be required to pay annual special taxes for CFD 20122,beginning in fiscal year (FY) 20222023 as itemized on their property tax bill in accordance with theRate and Method of Apportionment of Special Tax for CFD 20122.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexationis estimated to be $264.62, which is based on the FY 20222023 maximum special tax rate forindustrial property. The CFD 20122 maximum special tax rates include an automatic annual ConsumerPrice Index adjustment. The process for the annexation is funded by the developer and no General Fundmonies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf council has any questions concerning the required annexation of this development, this item may berescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTChris Lewis, Management Analyst(707) 4287089 [email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Exhibit A Boundary Map
Attachment 2: Proposed Resolution Annexing Territory
Attachment 2a: Exhibit A Ballot
Attachment 3: Proposed Resolution Declaring Results
Attachment 3a: Exhibit A Declaring Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 5/2/2022 4:31 PM
Kaushal, Paul Approved 5/2/2022 7:16 PM
Beavers, Esther Approved 5/5/2022 12:38 PM
Beavers, Esther Approved 5/5/2022 12:42 PM
Packet Page 324 of 345

Exhibit APacket Page 325 of 345Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-116

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ANNEXING TERRITORY (YELTON PROPERTIES LLC) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) AS ANNEXATION NO. 57, AUTHORIZING

THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXED TERRITORY, AND SUBMITTING THE LEVY

OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF

WHEREAS, this City Council, on April 5, 2022, adopted Resolution No. 2022-63 (Resolution of Intention) stating its intention to annex certain territory to the City’s existing Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act); and

WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD (Territory) and stating the facilities and services (Services) to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (Rate and Method), is on file with the city clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention set May 17, 2022, as the date of the public hearing on the proposed annexation of the Territory to CFD 2012 -2; and

WHEREAS, notice of the public hearing was published in accordance with the Act; and

WHEREAS, on May 17, 2022, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and

WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of the Territory to CFD 2012-2 and the levy of said special taxes within the Territory were heard and a full and fair hearing was held, evidence was presented to this council regarding the annexation and special taxes, and this council is fully advised as to all matters relating to the annexation of the Territory to CFD 2012-2 and the special taxes; and

WHEREAS, prior to the time fixed for said hearing, written protests had not been filed with the city clerk against the proposed annexation of the Territory to CFD 2012-2 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD 2012 -2, or (ii) or more of the registered voters, or six registered, whichever is more, residing in the Territory, Packet Page 326 of 345Attachment 2 Page 1 of 4

RES. NO. 2022-116

Page 2 ends

or (iii) owners of one-half or more of the area of land in CFD 2012-2 and not exempt from the levy of the special tax, or (iv) owners of one-half or more of the area of land in the Territory and not exempt from the levy of the special tax; and

WHEREAS, the special tax proposed to be levied in the Territory to pay for the cost of the Services, including incidental expenses, has not been precluded by a majority protest pursuant to Section 53324 of the Act; and

WHEREAS, Annexation Map No. 57 to CFD 2012-2 has been filed with the county recorder of the county of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. All prior proceedings taken by this council, with respect to CFD 2012-2 and the proposed annexation of the Territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 3. This council determines that the project proposed for the Territory will intensify the use of the property creating a need for more Services under CFD 2012-2. The Services which CFD 2012-2 is authorized to finance are in addition to those provided in or required for the territory within CFD 2012-2 and will not be replacing services already available.

Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 57 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 5. The provisions of the Resolution of Intention, which has heretofore been adopted by this council, are by this reference incorporated herein, as if fully set forth herein.

Section 6. It is the intention of this council that, except where funds are otherwise available to pay for the Services, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of the Territory from and after the annexation of the Territory to CFD 2012-2. The special taxes shall be those as originally authorized through the formation of CFD 2012-2 and adopted by ordinance of the legislative body of CFD 2012-2. For particulars, reference is hereby made to the Rate and Method. The special tax is Packet Page 327 of 345Attachment 2 Page 2 of 4

RES. NO. 2022-116

Page 3 ends

hereby authorized, subject to approval by two-thirds of the votes cast within the Territory, commencing with fiscal year 2022-2023, in accordance with the Rate and Method and procedures of the Act within the boundaries of the Territory to pay for the costs of the Services, including incidental expenses.

Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the Territory shall be submitted to the voters within the Territory at an election called therefore as hereinafter provided.

Section 8. This council hereby finds that fewer than 12 persons have been registered to vote within the Territory for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this council for the purposes of these annexation proceedings.

Accordingly, and pursuant to Section 53326 of the Act, this council finds that for purposes of these proceedings the qualified electors are the landowners within the Territory and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the Territory.

Section 9. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that code, insofar as they have not been waived by the unanimous consent of all landowners of the Territory.

Section 10. This council calls a special election to consider the measure described in the ballot referred to in Section 11 below, which election will be held on May 17, 2022, (Election Day) in the Office of the City Clerk, at City Hall, 1000 Webster Street, Fairfield, California.

Section 11. The city clerk will be the election official to conduct the election and has caused to be provided to each landowner in the Territory, a ballot in the form of Exhibit A hereto, which is hereby approved.

Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery.

Section 13. This council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

Packet Page 328 of 345Attachment 2 Page 3 of 4

RES. NO. 2022-116

Page 4 ends

PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK

Packet Page 329 of 345Attachment 2 Page 4 of 4

EXHIBIT A

City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 57

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION

This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Fairfield no later than 6:00 p.m. on May 17, 2022, either by mail or in person. The City Clerk’s office is located at City Hall, 1000 Webster Street, 4th Floor, Fairfield, California, 94533.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on April 5, 2022?

YES:

NO:

By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/Authorized Representative Signature: ________________________

Packet Page 330 of 345Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-117

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF A

SPECIAL ANNEXATION ELECTION IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK

MAINTENANCE), DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING

RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN FOR CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) ANNEXATION NO. 57 (YELTON PROPERTIES LLC)

WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act), this council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2); and

WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the city clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and

WHEREAS, this council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution 2022-116, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Yelton Properties LLC) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 57, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof”, adopted May 17, 2022.

Section 3. Pursuant to the Canvass on file with the city clerk, the issue presented at the special election was approved by the landowners of the territory annexed to CFD 2012-2 by more than two- thirds of the landowners voting at the special election.

Packet Page 331 of 345Attachment 4 Page 1 of 2

RES. NO. 2022-117

Page 2 ends

Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution 2022-116 adopted May 17, 2022, as heretofore provided in these proceedings.

Section 5. All prior proceedings taken by this council with respect to CFD 2012-2 and the annexation of the territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 6. Within 15 days of the date hereof, the city clerk shall execute and cause to be recorded in the office of the county recorder of the county of Solano, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.

PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
Packet Page 332 of 345Attachment 4 Page 2 of 2

Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 57

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on May 17, 2022, in the territory annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) of the City of Fairfield which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

City of Fairfield Community Facilities
District No. 2012-2 (Public Safety
Services, Open Space Operation, and
Park Maintenance)
Qualified
Landowner
Votes Votes Cast YES NO
Annexation No. 57 Special Tax
Annexation Election, May 17, 2022

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012- 2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on April 5, 2022?

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 17TH DAY OF MAY, 2022.

CITY OF FAIRFIELD

By:________________________
City Clerk

Packet Page 333 of 345Attachment 5 Page 1 of 1

Agenda Item No: 23.

AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022118 of the City Council of the City of Fairfield Annexing Territory (Popeyes) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 58, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022119 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 58 (Popeyes)
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The conditions of approval for the Popeyes development requires that the property be annexed to Community Facilities District No. 20122 (CFD 20122). CFD 20122 was formed by the City of Fairfield to provide funding for public safety services, open space operation, and park maintenance. A public hearing must be held on the question of whether to annex the property to CFD 20122 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD 20122, authorize the levy of a special tax within the annexed territory subject to voter approval, call an election to allow the property owner to cast a ballot on the levy of the special tax, and declare the result of such election.

DISCUSSION
By Resolution 2012233, the City Council established CFD 20122, a MelloRoos community facilities district, with the intention that future development within the city would annex to this district. The special taxes collected from the property owners within the district are used to fund public safety services, open Packet Page 334 of 345

The property proposed for annexation is owned by Rosana Holdings LLC and is located south of Alaska Avenue and east of North Texas Street within the boundaries of assessor’s parcel number 0034130430, as depicted on Exhibit A. The development on the property will be a Popeyes restaurant. Development of this property will change the property’s characteristics and manner in which the property will be used thereby creating a need for more services funded by CFD 20122.

Council adopted Resolution 202258 on April 5, 2022, to declare its intention to annex the territory to CFD 20122, and set a public hearing for May 17, 2022. Following the public hearing, and in the absence of a majority protest and approval by the property owner, the adoption of the attached resolutions will annex the territory to CFD 20122, call and hold an election of the property owner within the annexed territory, declare the results of the special election, and authorize the levy of the special taxes within the annexed territory, thereby concluding the annexation process. Since the conditions of approval for the development require the territory to be annexed to CFD 20122 and Rosana Holdings LLC is the sole owner of the parcels and the only elector qualified to vote in the special election, a majority protest regarding the annexation is not anticipated.

Once the annexation is complete, the annexed territory will be designated as Annexation No. 58. The property owner of Annexation No. 58 will be required to pay annual special taxes for CFD 20122, beginning in fiscal year (FY) 20222023 as itemized on their property tax bill in accordance with the Rate and Method of Apportionment of Special Tax for CFD 20122.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $609.28, which is based on the FY 20222023 maximum special tax rate for commercial property. The CFD 20122 maximum special tax rates include an automatic annual Consumer Price Index adjustment. The process for the annexation is funded by the developer and no General Fund monies are used for this effort.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
Packet Page 335 of 345

Agenda Item No: 23.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022118 of the City Council of the City of Fairfield Annexing Territory(Popeyes) to Community Facilities District No. 20122 (Public Safety Services, OpenSpace Operation, and Park Maintenance) as Annexation No. 58, Authorizing the Levy ofa Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax tothe Qualified Electors Thereof; and Resolution 2022119 of the City Council of the City of Fairfield Declaring the Results ofa Special Annexation Election in Territory Annexed to Community Facilities District No.20122 (Public Safety Services, Open Space Operation, and Park Maintenance),Determining the Validity of Prior Proceedings, and Directing Recording of AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 58 (Popeyes)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Popeyes development requires that the property be annexed toCommunity Facilities District No. 20122 (CFD 20122). CFD 20122 was formed by the City ofFairfield to provide funding for public safety services, open space operation, and park maintenance. Apublic hearing must be held on the question of whether to annex the property to CFD 20122 and, in theabsence of a majority protest, the attached resolutions annex the territory to CFD 20122, authorize thelevy of a special tax within the annexed territory subject to voter approval, call an election to allow theproperty owner to cast a ballot on the levy of the special tax, and declare the result of such election.DISCUSSIONBy Resolution 2012233, the City Council established CFD 20122, a MelloRoos community facilitiesdistrict, with the intention that future development within the city would annex to this district. The specialtaxes collected from the property owners within the district are used to fund public safety services, openspace operation, and park maintenance in the Fairfield area.The property proposed for annexation is owned by Rosana Holdings LLC and is located south ofAlaska Avenue and east of North Texas Street within the boundaries of assessor’s parcel number0034130430, as depicted on Exhibit A. The development on the property will be a Popeyesrestaurant. Development of this property will change the property’s characteristics and manner in whichthe property will be used thereby creating a need for more services funded by CFD 20122.The City contracts with Willdan Financial Services for the preparation of resolutions and the completionof balloting procedures for annexations to existing CFDs. This process is a specialty service that theCity has contracted out since 1995 on an individual consultant services basis for each developmentrequiring annexation to a MelloRoos community facilities district.Council adopted Resolution 202258 on April 5, 2022, to declare its intention to annex the territory toCFD 20122, and set a public hearing for May 17, 2022. Following the public hearing, and in theabsence of a majority protest and approval by the property owner, the adoption of the attachedresolutions will annex the territory to CFD 20122, call and hold an election of the property owner withinthe annexed territory, declare the results of the special election, and authorize the levy of the specialtaxes within the annexed territory, thereby concluding the annexation process. Since the conditions ofapproval for the development require the territory to be annexed to CFD 20122 and Rosana HoldingsLLC is the sole owner of the parcels and the only elector qualified to vote in the special election, amajority protest regarding the annexation is not anticipated.Once the annexation is complete, the annexed territory will be designated as Annexation No. 58. Theproperty owner of Annexation No. 58 will be required to pay annual special taxes for CFD 20122,beginning in fiscal year (FY) 20222023 as itemized on their property tax bill in accordance with theRate and Method of Apportionment of Special Tax for CFD 20122.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexationis estimated to be $609.28, which is based on the FY 20222023 maximum special tax rate forcommercial property. The CFD 20122 maximum special tax rates include an automatic annualConsumer Price Index adjustment. The process for the annexation is funded by the developer and noGeneral Fund monies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf council has any questions concerning the required annexation of this development, this item may berescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTChris Lewis, Management Analyst(707) 428[email protected] COORDINATED WITH
N/A
ATTACHMENTS:

Reviewer Action Date
Panganiban, Ryan Approved 5/2/2022 4:31 PM
Kaushal, Paul Approved 5/2/2022 7:15 PM
Beavers, Esther Approved 5/5/2022 12:35 PM
Beavers, Esther Approved 5/5/2022 12:35 PM
Packet Page 336 of 345

Exhibit APacket Page 337 of 345Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-118

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ANNEXING TERRITORY (POPEYES) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) AS ANNEXATION NO. 58, AUTHORIZING THE

LEVY OF A SPECIAL TAX WITHIN THE ANNEXED TERRITORY, AND SUBMITTING THE LEVY OF A

SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF

WHEREAS, this City Council, on April 5, 2022, adopted Resolution No. 2022-64 (Resolution of Intention) stating its intention to annex certain territory to the City’s existing Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act); and

WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD (Territory) and stating the facilities and services (Services) to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (Rate and Metho d), is on file with the city clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention set May 17, 2022, as the date of the public hearing on the proposed annexation of the Territory to CFD 2012-2; and

WHEREAS, notice of the public hearing was published in accordance with the Act; and

WHEREAS, on May 17, 2022, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and

WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of the Territory to CFD 2012 -2 and the levy of said special taxes within the Territory were heard and a full and fair hearing was held, evidence was presented to this council regarding the annexation and special taxes, and this council is fully advised as to all matters relating to the annexation of the Territory to CFD 2012-2 and the special taxes; and

WHEREAS, prior to the time fixed for said hearing, written protests had not been filed with the city clerk against the proposed annexation of the Territory to CFD 2012-2 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD 2012-2, or (ii) or more of the registered voters, or six registered, whichever is more, residing in the Territory, Packet Page 338 of 345Attachment 2 Page 1 of 4

RES. NO. 2022-118

Page 2 ends

WHEREAS, Annexation Map No. 58 to CFD 2012-2 has been filed with the county recorder of the county of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 58 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 5. The provisions of the Resolution of Intention, which has heretofore been adopted by this council, are by this reference incorporated herein, as if fully set forth herein.

RES. NO. 2022-118

Page 3 ends

Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery.

Packet Page 340 of 345Attachment 2 Page 3 of 4

RES. NO. 2022-118

Page 4 ends

PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK

Packet Page 341 of 345Attachment 2 Page 4 of 4

EXHIBIT A

City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 58

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.

YES:

NO:

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/Authorized Representative Signature: ________________________

Packet Page 342 of 345Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-119

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF A

SPECIAL ANNEXATION ELECTION IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK

MAINTENANCE), DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING

WHEREAS, this council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution 2022-118, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Popeyes) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 58, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof”, adopted May 17, 2022.

Packet Page 343 of 345Attachment 4 Page 1 of 2

RES. NO. 2022-119

Page 2 ends

Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution 2022-118 adopted May 17, 2022, as heretofore provided in these proceedings.

PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
Packet Page 344 of 345Attachment 4 Page 2 of 2

Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 58

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012- 2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on April 5, 2022?

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 17TH DAY OF MAY, 2022.

CITY OF FAIRFIELD

By:________________________
City Clerk

Packet Page 345 of 345Attachment 5 Page 1 of 1

Fairfield City CouncilMay 17, 2022

Fairfield City Council
May 17, 2022