5. Adopt Resolution No. 2022-0084, RESOLUTION OF THE CITY COUNCIL DECLARING
RESULTS OF A SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF
PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 3 (THE ELMO
HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
6. Adopt Resolution No. 2022-008S, RESOLUTION OF THE CITY COUNCIL DECLARING
RESULTS OF A SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF
PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 2 (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
CLOSSED SESSION AGENDA
I. Conference with Real Property Negotiations(§ 549S6.8) Property: 31197 Taylor Ave McFarland, Kern County, California 932S0: Agency Negotiation: City Manager and City Attorney; Under Negotiation: Price, and terms of payment
2. Potential Litigation: Government Code Section 54957: One Case
3. Public Employee Perfonnance Evaluation(§ 54957): Title: City Manager, Assistant City Manager, Public Works Director, Human Resources Director, Community Development Director
ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on August 1, 2022, by S:00 pm.
Kenneth Williams, City Manager/ Chief of Police
Next Meeting: Regular City Council August 11, 2022.
The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk's Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting.
Sarah Drake, Acting City Clerk
Office Memorandum: CITY OF MCFARLAND
TO: MADAM MAYOR TAFOYA DATE: August 2, 2022
AND COUNCIL MEMBERS
FROM: FRANCISCA ALVARADO, CITY CLERK
SUBJECT: Annexation No. 2 into Community Facilities District No. 2019-1 (Fire Protection Services), and Annexation No. 3 into Community Facilities District No. 2017-1 (Police Services) and Community Facilities District No. 2017-2 (Landscaping and Street Maintenance)
BACKGROUND
Resolution No. 2017-038 established CFD No. 2017-1 (Police Services), Resolution No. 2017-039 established CFD No. 2017-2 (Landscaping and Street Maintenance) and Resolution No. 2019-038 established CFD No. 2019-1 (Fire Protection Services), three Mello-Roos Community Facilities Districts that were formed with the expectation that subsequent development would be required to annex into the districts, as applicable.
The project proposed for annexation into CFD 2017-1, CFD 2017-2 and CFD 2019-1 is known as The Elmo Hwy Medical Office, The Sherwood Avenue Family Apartments, and Tract 7393 (the “Projects”) which will develop into single family residential and commercial properties. The boundaries of the annexation consist of the area within assessor’s parcel numbers 060-090-31, 200-010-36 and 201-332-02.
On June 9, 2022, the City Council adopted Resolution No. 2022-0058 and Resolution No. 2022-0059 declaring its intention to annex territory (Annexation No. 3) to CFD No. 2017- 1 and CFD No. 2017-2, and set the public hearing for August 2, 2022. Also, on June 9, 2022, the City Council adopted Resolution No. 2022-0060 declaring its intention to annex territory (Annexation No. 2) to CFD No. 2019-1, and set the public hearing for August 2, 2022.
The adoption of the attached resolutions annexes the territory into CFD 2017-1, CFD 2017-2 and CFD 2019-1, submits the levy of the special taxes to the qualified electors, and declares the results of the special elections. This is the final step in the annexation process and, since the conditions of approval for the Projects require it to annex into CFD 2017-1, CFD 2017-2 and CFD 2019-1 and Leora LLC, Sherwood Avenue Family Apartments, LP and Shafter Medical Plaza, LLC own the parcels, a majority protest of the annexations is not anticipated.
Once the annexations are complete, the property owner will be required to pay an annual special tax for CFD 2017-1, CFD 2017-2, and CFD 2019-1 as itemized on the property tax bill, beginning in Fiscal Year 2023/2024 in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.
OPTIONS
If the City Council has any questions concerning the required annexations of this development, this item may be rescheduled until the next City Council meeting, so staff may provide the necessary backup. However, if the annexations are not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.
RECOMMENDATION
It is recommended that the City Council:
1. Hold the public hearing and receive public testimony and property owner protests for the proposed annexation of property into CFD No. 2017-1 (Police Services), CFD No. 2017-2 (Landscaping and Street Maintenance) and CFD 2019-1 (Fire Protection Services) and the authorization to levy special taxes within the territory proposed to be included in each CFD.
2. Adopt Resolution No. 2022-080, RESOLUTION OF THE CITY COUNCIL
ANNEXING OF TERRITORY (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) TO A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL
TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) ANNEXATION NO. 3
3. Adopt Resolution No. 2022-0081, RESOLUTION OF THE CITY COUNCIL
ANNEXING OF TERRITORY (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) TO A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL
TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 3
4. Adopt Resolution No. 2022-0082, RESOLUTION OF THE CITY COUNCIL
ANNEXING OF TERRITORY (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) TO A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL
TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 2
5. Direct the City Clerk to announce the election results.
6. Adopt Resolution No. 2022-0083, RESOLUTION OF THE CITY COUNCIL
DECLARING RESULTS OF A SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) ANNEXATION NO. 3 (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
7. Adopt Resolution No. 2022-0084, RESOLUTION OF THE CITY COUNCIL
DECLARING RESULTS OF A SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 3 (THE ELMO HWY MEDICAL
OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
8. Adopt Resolution No. 2022-0085, RESOLUTION OF THE CITY COUNCIL
DECLARING RESULTS OF A SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 2 (THE ELMO HWY MEDICAL
OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
RESOLUTION NO. 2022-0080
PAGE 1 OF 4
RESOLUTION NO. 2022-0080
RESOLUTION OF THE CITY COUNCIL ANNEXING OF TERRITORY (THE ELMO HWY
MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) ANNEXATION NO. 3
A. Recitals.
(i) The City Council (“Council”) of the City of McFarland, California, (“City”), on June 9, 2022, adopted Resolution No. 2022-0058 (the “Resolution of Intention”) stating its intention to annex the territory to the City’s Community Facilities District No. 2017-1 (Police Services) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”). (ii) 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 and stating the facilities 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 of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein.
(iii) The Resolution of Intention set August 2, 2022 as the date of the public hearing. (iv) On the 2nd of August 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.
(v) At said hearing interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held.
(vi) Prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD.
(vii) Proposed boundaries of Annexation No. 3 to the CFD has been filed with the County Recorder of the County of Kern, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
RESOLUTION NO. 2022-0080
PAGE 2 OF 4
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.
2. The description and map of the boundaries of the territory to be annexed to the CFD, as described in said Annexation No. 3 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 the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
3. The provisions of the Resolution of Intention, has heretofore been adopted by this Council and are by this reference incorporated herein, as if fully set forth herein.
4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFD shall be submitted to the voters of the area to be annexed to the CFD at an election called therefore as hereinafter provided.
5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD 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 proposed to be annexed to the CFD 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 proposed to be annexed to the CFD.
6. 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 to be annexed to the CFD.
7. The Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on August 2, 2022 (“Election Day”) in the council chambers of the City of McFarland, 103 West Sherwood Ave., McFarland, California.
8. The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFD, a ballot in the form of Exhibit A hereto, which is hereby approved.
9. 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.
RESOLUTION NO. 2022-0080
PAGE 3 OF 4
10. This Council hereby further 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.
RESOLUTION NO. 2022-0080
PAGE 4 OF 4
APPROVED and ADOPTED this 2nd day of August 2022
__________________________________
SALLY TAFOYA,
MAYOR
ATTEST:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
I, FRANCISCA ALVARADO, CITY CLERK of the CITY OF MCFARLAND DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 2nd day of August 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
APPROVED AS TO FORM:
__________________________________
NATHAN HODGES,
CITY ATTORNEY
EXHIBIT A
City of McFarland
Community Facilities District No. 2017-1
(Police Services)
Annexation No. 3
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 McFarland no later than 6:00 p.m. on August 2, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 401 W. Kern Ave., McFarland, California, 93250.
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 McFarland and obtain another.
BALLOT MEASURE: Shall the City of McFarland, by and for its Community Facilities District No. 2017-1 (Police Services) (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, Resolution No. 2022-0058, of the City of McFarland adopted by its Council on June 9, 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: ________________________ RESOLUTION NO. 2022-0081
PAGE 1 OF 4
RESOLUTION NO. 2022-0081
RESOLUTION OF THE CITY COUNCIL ANNEXING OF TERRITORY (THE ELMO HWY
MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 3
A. Recitals.
(i) The City Council (“Council”) of the City of McFarland, California, (“City”), on June 9, 2022 adopted Resolution No. 2022-0059 (the “Resolution of Intention”) stating its intention to annex the territory to the City’s Community Facilities District No. 2017-2 (Landscaping and Street Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”). (ii) 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 and stating the facilities 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 of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein.
(iii) The Resolution of Intention set August 2, 2022 as the date of the public hearing. (iv) On the 2nd of August 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.
(v) At said hearing interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held.
(vi) Prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD.
(vii) Proposed boundaries of Annexation No. 3 to the CFD has been filed with the County Recorder of the County of Kern, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
RESOLUTION NO. 2022-0081
PAGE 2 OF 4
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.
2. The description and map of the boundaries of the territory to be annexed to the CFD, as described in said Annexation No. 3 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 the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
3. The provisions of the Resolution of Intention, has heretofore been adopted by this Council and are by this reference incorporated herein, as if fully set forth herein.
4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFD shall be submitted to the voters of the area to be annexed to the CFD at an election called therefore as hereinafter provided.
5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD 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 proposed to be annexed to the CFD 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 proposed to be annexed to the CFD.
6. 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 to be annexed to the CFD.
7. The Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on August 2, 2022 (“Election Day”) in the council chambers of the City of McFarland, 103 West Sherwood Ave., McFarland, California.
8. The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFD, a ballot in the form of Exhibit A hereto, which is hereby approved.
9. 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.
RESOLUTION NO. 2022-0081
PAGE 3 OF 4
10. This Council hereby further 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.
RESOLUTION NO. 2022-0081
PAGE 4 OF 4
APPROVED and ADOPTED this 2nd day of August 2022
__________________________________
SALLY TAFOYA,
MAYOR
ATTEST:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
I, FRANCISCA ALVARADO, CITY CLERK of the CITY OF MCFARLAND DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 2nd day of August 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
APPROVED AS TO FORM:
__________________________________
NATHAN HODGES,
CITY ATTORNEY
EXHIBIT A
City of McFarland
Community Facilities District No. 2017-2
(Landscaping and Street Maintenance)
Annexation No. 3
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 McFarland no later than 6:00 p.m. on August 2, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 401 W. Kern Ave., McFarland, California, 93250.
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 McFarland and obtain another.
BALLOT MEASURE: Shall the City of McFarland, by and for its Community Facilities District No. 2017-2 (Landscaping and Street 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, Resolution No. 2022-0059, of the City of McFarland adopted by its
Council on June 9, 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: ________________________ RESOLUTION NO. 2022-0082
PAGE 1 OF 4
RESOLUTION NO. 2022-0082
RESOLUTION OF THE CITY COUNCIL ANNEXING OF TERRITORY (THE ELMO HWY
MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 2
A. Recitals.
(i) The City Council (“Council”) of the City of McFarland, California, (“City”), on June 9, 2022, adopted Resolution No. 2022-XXXX (the “Resolution of Intention”) stating its intention to annex the territory to the City’s Community Facilities District No. 2019-1 (Fire Protection Services) (the “CFD”), pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the “Act”). (ii) 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 and stating the facilities 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 of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein.
(iii) The Resolution of Intention set August 2, 2022 as the date of the public hearing. (iv) On the 2nd of August 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.
(v) At said hearing interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held.
(vi) Prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD.
(vii) Proposed boundaries of Annexation No. 2 to the CFD has been filed with the County Recorder of the County of Kern, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
RESOLUTION NO. 2022-0082
PAGE 2 OF 4
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.
2. The description and map of the boundaries of the territory to be annexed to the CFD, as described in said Annexation No. 2 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 the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
3. The provisions of the Resolution of Intention, has heretofore been adopted by this Council and are by this reference incorporated herein, as if fully set forth herein.
4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFD shall be submitted to the voters of the area to be annexed to the CFD at an election called therefore as hereinafter provided.
5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD 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 proposed to be annexed to the CFD 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 proposed to be annexed to the CFD.
6. 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 to be annexed to the CFD.
7. The Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on August 2, 2022 (“Election Day”) in the council chambers of the City of McFarland, 103 West Sherwood Ave., McFarland, California.
8. The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFD, a ballot in the form of Exhibit A hereto, which is hereby approved.
9. 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.
RESOLUTION NO. 2022-0082
PAGE 3 OF 4
10. This Council hereby further 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.
RESOLUTION NO. 2022-0082
PAGE 4 OF 4
APPROVED and ADOPTED this 2nd day of August 2022
__________________________________
SALLY TAFOYA,
MAYOR
ATTEST:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
I, FRANCISCA ALVARADO, CITY CLERK of the CITY OF MCFARLAND DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 2nd day of August 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
APPROVED AS TO FORM:
__________________________________
NATHAN HODGES,
CITY ATTORNEY
EXHIBIT A
City of McFarland
Community Facilities District No. 2019-1
(Fire Protection Services)
Annexation No. 2
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 McFarland no later than 6:00 p.m. on August 2, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 401 W. Kern Ave., McFarland, California, 93250.
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 McFarland and obtain another.
BALLOT MEASURE: Shall the City of McFarland, by and for its Community Facilities District No. 2019-1 (Fire Protection Services) (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, Resolution No. 2022- 0060, of the City of McFarland adopted by its Council on June 9, 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: ________________________ RESOLUTION NO. 2022-0083
PAGE 1 OF 3
RESOLUTION NO. 2022-0083
RESOLUTION OF THE CITY COUNCIL DECLARING RESULTS OF A SPECIAL
ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,
AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 3 (THE ELMO
HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
A. Recitals.
(i) In proceedings heretofore conducted by the City Council pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), this City Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2017-2 (Landscaping and Street Maintenance) (the “CFD”).
(ii) 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 (the “Canvass”) a copy of which is attached hereto as Exhibit A.
(iii) This City Council has reviewed the Canvass and hereby approves it.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The issue presented at the special election was the levy of a special tax within the territory to be annexed to the CFD to be levied in accordance with the formula heretofore approved by this City Council as described in Resolution No. 2022-0083, a Resolution of the City Council Annexing of Territory (The Elmo Hwy Medical Office, The Sherwood Avenue Family Apartments, and Tract 7393) to a Community Facilities District, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, City of McFarland Community Facilities District No. 2017-2 (Landscaping and Street Maintenance) Annexation No. 3 adopted August 2, 2022.
2. 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 the CFD by more than two-thirds of the landowners voting at the special election.
RESOLUTION NO. 2022-0083
PAGE 2 OF 3
3. Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.
4. It is hereby found that all prior proceedings and actions, taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.
5. 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 Kern, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.
RESOLUTION NO. 2022-0083
PAGE 3 OF 3
APPROVED and ADOPTED this 2nd day of August 2022
__________________________________
SALLY TAFOYA,
MAYOR
ATTEST:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
I, FRANCISCA ALVARADO, CITY CLERK of the CITY OF MCFARLAND DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 2nd day of August 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
APPROVED AS TO FORM:
__________________________________
NATHAN HODGES,
CITY ATTORNEY
Exhibit A
City of McFarland
Community Facilities District No. 2017-2
(Landscaping and Street Maintenance)
Annexation No. 3
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on August 2, 2022, in the territory annexed to Community Facilities District No. 2017-2 (Landscaping and Street Maintenance) of the City of McFarland 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 McFarland Community Facilities
District No. 2017-2 (Landscaping and
Street Maintenance)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 3 Special Tax Annexation
Election, August 2, 2022 48
BALLOT MEASURE: Shall the City of McFarland, by and for its Community Facilities District No. 2017-2 (Landscaping and Street 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, Resolution No. 2022-0059, of the City of McFarland adopted by its Council on June 9, 2022?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF AUGUST 2022
CITY OF MCFARLAND
By:________________________
City Clerk
RESOLUTION NO. 2022-0084
PAGE 1 OF 3
RESOLUTION NO. 2022-0084
RESOLUTION OF THE CITY COUNCIL DECLARING RESULTS OF A SPECIAL
ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,
AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) ANNEXATION NO. 3 (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393)
A. Recitals.
(i) In proceedings heretofore conducted by the City Council pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), this City Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2017-1 (Police Services) (the “CFD”). (ii) 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 (the “Canvass”) a copy of which is attached hereto as Exhibit A.
(iii) This City Council has reviewed the Canvass and hereby approves it.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The issue presented at the special election was the levy of a special tax within the territory to be annexed to the CFD to be levied in accordance with the formula heretofore approved by this City Council as described in Resolution No. 2022-0081, a Resolution of the City Council Annexing of Territory (The Elmo Hwy Medical Office, The Sherwood Avenue Family Apartments, and Tract 7393) to a Community Facilities District, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, City of McFarland Community Facilities District No. 2017-1 (Police Services) Annexation No. 3, adopted August 2, 2022 .
2. 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 the CFD by more than two-thirds of the landowners voting at the special election.
RESOLUTION NO. 2022-0084
PAGE 2 OF 3
3. Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.
4. It is hereby found that all prior proceedings and actions, taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.
5. 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 Kern, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.
RESOLUTION NO. 2022-0084
PAGE 3 OF 3
APPROVED and ADOPTED this 2nd day of August 2022
__________________________________
SALLY TAFOYA,
MAYOR
ATTEST:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
I, FRANCISCA ALVARADO, CITY CLERK of the CITY OF MCFARLAND DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 2nd day of August 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
APPROVED AS TO FORM:
__________________________________
NATHAN HODGES,
CITY ATTORNEY
Exhibit A
City of McFarland
Community Facilities District No. 2017-1
(Police Services)
Annexation No. 3
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on August 2, 2022, in the territory annexed to Community Facilities District No. 2017-1 (Police Services) of the City of McFarland 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 McFarland Community Facilities
District No. 2017-1 (Police Services)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 3 Special Tax Annexation
Election, August 2, 2022 48
BALLOT MEASURE: Shall the City of McFarland, by and for its Community Facilities District No. 2017-1 (Police Services) (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, Resolution No. 2022-0058, of the City of McFarland adopted by its Council on June 9, 2022?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF AUGUST 2022.
CITY OF MCFARLAND
By:________________________
City Clerk
RESOLUTION NO. 2022-0085
PAGE 1 OF 3
RESOLUTION NO. 2022-0085
RESOLUTION OF THE CITY COUNCIL DECLARING RESULTS OF A SPECIAL
ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,
AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 2 (THE ELMO HWY MEDICAL OFFICE, THE SHERWOOD AVENUE FAMILY APARTMENTS, AND TRACT 7393) A. Recitals.
(i) In proceedings heretofore conducted by the City Council pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), this City Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2019-1 (Fire Protection Services) (the “CFD”). (ii) 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 (the “Canvass”) a copy of which is attached hereto as Exhibit A.
(iii) This City Council has reviewed the Canvass and hereby approves it.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The issue presented at the special election was the levy of a special tax within the territory to be annexed to the CFD to be levied in accordance with the formula heretofore approved by this City Council as described in Resolution No. 2022-0085, a Resolution of the City Council Annexing of Territory (The Elmo Hwy Medical Office, The Sherwood Avenue Family Apartments, and Tract 7393) to a Community Facilities District, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, City of McFarland Community Facilities District No. 2019-1 (Fire Protection Services) Annexation No. 2, adopted August 2, 2022.
2. 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 the CFD by more than two-thirds of the landowners voting at the special election.
3. Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.
RESOLUTION NO. 2022-0085
PAGE 2 OF 3
4. It is hereby found that all prior proceedings and actions, taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.
5. 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 Kern, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.
RESOLUTION NO. 2022-0085
PAGE 3 OF 3
APPROVED and ADOPTED this 2nd day of August 2022
__________________________________
SALLY TAFOYA,
MAYOR
ATTEST:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
I, FRANCISCA ALVARADO, CITY CLERK of the CITY OF MCFARLAND DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 2nd day of August 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
FRANCISCA ALVARADO,
CITY CLERK
APPROVED AS TO FORM:
__________________________________
NATHAN HODGES,
CITY ATTORNEY
Exhibit A
City of McFarland
Community Facilities District No. 2019-1
(Fire Protection Services)
Annexation No. 2
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on August 2, 2022, in the territory annexed to Community Facilities District No. 2019-1 (Fire Protection Services) of the City of McFarland 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 McFarland Community Facilities
District No. 2019-1 (Fire Protection
Services)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 2 Special Tax Annexation
Election, August 2, 2022 48
BALLOT MEASURE: Shall the City of McFarland, by and for its Community Facilities District No. 2019-1 (Fire Protection Services) (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, Resolution No. 2022-0060, of the City of McFarland adopted by its Council on June 9, 2022?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF AUGUST 2022.
CITY OF MCFARLAND
By:________________________
City Clerk