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3. The boundaries of the entire area to be included in the District, and the boundaries of each separate benefit zone within the District, are set forth in the Map, EXHIBIT A, incorporated herein by reference. A true and correct copy of the map is on file with the City Clerk of the City of Suisun City.
4. The types of improvements and activities proposed to be funded by the levy of assessments on business in the District are in EXHIBIT B hereto and incorporated by reference.
5. The City Council intends to consider reauthorizing the District and renewing the levy of an annual benefit fee on businesses in the District to pay for selected improvements and activities of the District.
6. All funds of the District shall be expended on improvements and activities within the District.
7. The method and the basis for levying the benefit fee on all the businesses within the District are set forth in the EXHIBIT C hereto, incorporated herein by reference.
8. The Annual Benefit fees shall be incorporated into the City Business License fee for those businesses within the District and shall be due and payable as part of obtaining the required City Business License pursuant to City Code Title 5.
9. A public hearing to consider re-authorization of the District was held on December 20, 2022, at 6:30 p.m. before the City Council of the City of Suisun City, at the City Council Chambers at 701 Civic Center Blvd., Suisun City, CA 94585.
10. At the public hearing, the testimony of all interested persons, for or against the establishment of the District, interested in matters concerning the boundaries of the District, the areas of benefit within the District and th e assessments to be levied, were be heard.
11. A protest against the District, or any aspect of it, may be made orally or in writing. An oral protest shall be made at the said public hearing. To count in the majority protest against the District, a protest must be in writing. A w ritten protest may be withdrawn from record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City of Suisun City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made.
12. If, at the conclusion of the public hearing, there are of record, written protest by the owners of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, no further proceedings to create the District shall occur. New proceedings to reauthorize and renew the District and levy the benefit assessment fee shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the District.
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Resolution No. 2022-__
Adopted December 20, 2022
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13. Further information regarding the proposed Main Street -Waterfront Business Improvement District may be obtained from the City Clerk of the City of Suisun City, at Suisun City Hall, 701 Civic Center Blvd., Suisun City, CA, and or by calling (707) 421-7309.
14. The City Clerk noticed the public hearing as follows:
a. Published the Resolution of Intention in a newspaper of general circulation in the City of Suisun City once, at least ten (10) days before the hearing. b. Mailed a complete copy of this Resolution of Intention to each and every business owner in the District within seven (7) days of the adoption of the Resolution of Intent.
15. This Resolution is effective on its adoption.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20
th of December 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 20th day of December 2022.
Anita Skinner
City Clerk
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PROPOSED SUISUN CITY DOWNTOWN - WATERFRONT
BUSINESS IMPROVEMENT DISTRICT (BID)
BOUNDARY MAP
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EXHIBIT "A"
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EXHIBIT “B”
Purpose and Use of Benefit Assessments.
The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are as follows:
a. The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following improvements:
(1) Benches;
(2) Trash receptacles;
(3) Decorations;
(4) Signage;
(5) Facade improvements;
(6) Permanent landscaping.
b. Activities including but not limited to the following:
(1) Promotion of public events which benefit businesses in the area and which take place on or in public places within the area; (2) Furnishing of music in any public place in the area; (3) Activities which benefit businesses located and operating in the area, including but not limited to commercial shopping and promotional programs.
(4) Trash clean up.
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EXHIBIT “C”
DISTRICT ASSESSMENT FORMULA
Proposed 2023 Benefit Fee Formula Matrix:
Type of Business Assessment Amount
Retailers and
Restaurants
$200
Service and Professional
Businesses
$100
Personal Services (such as hair
dressers, barbers, massage
therapists,
manicurists/pedicurists, etc.)
$25
Commercial Cannabis
Businesses
$1,000
Lodging $10 per room
Financial
Institutions
$500
Business Type Definitions:
Retail and Restaurant: Businesses that buy and resell goods, examples are clothing stores, shoe stores, office supplies as well as businesses that sell prepared foods and drinks.
Service Businesses: Businesses that sell services. Examples are beauty and barber shops, repair shops, most automotive-oriented businesses, entertainment businesses such as theaters, etc.
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Resolution No. 2022-
Adopted December 20, 2022
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Professional Businesses: Includes Architects, Engineers, Attorneys, Dentists, Doctors, Accountants, Optometrists, Realtors, Insurance Offices, Mortgage Brokers and most other businesses that require advanced and/or specialized licenses and/or advanced academic degrees.
Personal Services: Individuals/Businesses that have their own business license and rent “stalls” or space within a building to provide personal services, such as hair dressers, barbers, massage therapists, and manicurists/pedicurists.
Lodging: Includes renting rooms by the day or week to community visitors.
Financial Institutions: Includes banking and savings and loan institutions as well as credit unions, etc.
Commercial Cannabis Business: Includes any retail or non-retail commercial operation that is licensed under the city’s commercial cannabis ordinance.
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY APPROVING THE PROPOSED CALENDAR-BASED FISCAL YEAR 2023
OPERATING BUDGET FOR THE MAIN STREET WATERFRONT BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, the City Council has passed Ordinance No 667 establishing the Main Street-Waterfront Business Improvement District, commonly known as the Suisun City Historic Waterfront Business Improvement District (District); and WHEREAS, said Ordinance requires the District to present its annual budget to the City of Suisun City for review and approval; and
WHEREAS, the City Council of the City of Suisun City has reviewed the proposed District budget; and
WHEREAS, the City Council desires to promote and assist the District to insure the success of the projects and programs of the District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City does hereby approve the calendar year 2023 operating budget for the District.
BE IT FURTHER RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to take all appropriate and necessary actions to ensure implementation of this Resolution.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20th of December 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of the City of Suisun City this 20 th day of December
2022.
Anita Skinner
City Clerk
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Reauthorization
and Renewal of
Waterfront
District BID
City Council
December 20, 2022
Background
Ordinance No. 667 (2003) Established
BID.
California Streets and Highways Code
(Section 36500 - Parking and Business
Improvement Area Law of 1989.
December 6, 2022 City Council
Action.
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Remaining Process
Protest Hearing.
Consider Renewing District.
Review and Approve District Budget.
Conduct a Public Hearing to receive any protests
against renewal of the District, the assessment or any
portion of the proposed District budget; and
Adopt Resolution No. 2022‐__: Reauthorizing and
Renewing the Suisun City Historic Waterfront
Business Improvement District and the Assessment
Levy for the District; and
Adopt Resolution No. 2022‐__: Approv ing the
Proposed Calendar Year 2023 Operating Budget for
the Suisun City Historic Waterfront Business
Improvement District.
It is recommended that the City Council:
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Questions?
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PREPARED BY: Aaron Roth, Police Chief
REVIEWED BY: Greg Folsom, City Manager
AGENDA TRANSMITTAL
MEETIN
G DATE: December 20, 2022
CITY
AGENDA ITEM: Council Introduction and Waive Reading of Ordinance No. __: An Ordinance of the City Council of the City of Suisun City, California, Amending Ordinance 793, Adopting Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481.
FIS
CAL IMPACT: There is no fiscal impact.
STRAT
EGIC PLAN:
• Ensure Public Safety, Section 3.6 – Develop and implement emergency preparation, response and recovery plans across the organization in collaboration with other community efforts.
• Provide Good Governance, Section 4.7 – Improve productivity, efficiency, effectiveness, customer service and citizen satisfaction in all areas of municipal organization.
BACKGROUND: O n May 3, 2022, the City of Suisun City Council adopted Ordinance 793 codifying Suisun City Police Department (SCPD) Policy 706 as required by Assembly Bill 481.
Assembly Bill 481 was signed by Governor Newsom on September 30, 2021, to address the funding, acquisition, and use of military equipment by law enforcement agencies in California.
Assembly Bill 481 has designated certain equipment as “military equipment,” regardless of whether it was procured from the military. The bill also requires any amendments to the policy be done by way of ordinance during a public meeting.
STA
FF REPORT: In previous years, SCPD has had a Command Vehicle in the form of a trailer that was deployed in various instances. Often, the trailer was used during community events, such as the 4th of July, as a rallying point where staff would receive assignments, a mobile shelter to take comfort breaks, and a location to bring lost children. The Command Vehicle trailer was clearly marked as a police vehicle to ensure the community would recognize the purpose of the trailer when deployed in public.
This
Command Vehicle trailer also had the capability to be deployed during other instances like natural disasters, DUI checkpoint operations, and investigations where staff would need a temporary meeting point and significant lighting sources to conduct a thorough investigation (i.e., homicide investigations, major injury collisions, etc.).
Over
the last several years, the SCPD Command Vehicle trailer has suffered significant damage.
Leaks in the roof have caused the floor of the trailer to become unrepairable, and the state of the trailer is such that the deployment of the trailer could result in a staff or community member injury.
Thus, the SCPD Command Vehicle trailer was retired in 2020.
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During this 22-23 budget year, the State of California has directed funding specifically to the City of Suisun City for various public safety projects. One specific area outlined in the CA state budget is funding to the City of Suisun City in the amount of $500,000 for a Police Command Vehicle to be used by SCPD. These funds are identified to be used only for a Command Vehicle, and if the City does not utilize these funds in the identified manner, the City will lose the funding, and the $500,000 will be returned to the State.
SCPD has identified a potential Command Vehicle that would be built by a vendor who has gone through a vetting process with Omnia Partners, a public sector purchasing cooperative in which Suisun City participates. Specifically, Farber Specialty Vehicles has been engaged and provided a proposal for the vehicle build, which includes equipment and a 3-year, 50,000 mile warranty on the chassis, and a two year warranty on all workmanship by Farber. This proposed command vehicle would be used in similar instances as the retired command trailer, but the vehicle would also have upgraded technology options such as wireless internet, SMART Board equipment, multiple monitors, dispatch consoles and a separated area to be used similarly to an Emergency Operations Center during incidents necessitating staff deployment and planning during an emergency.
An additional advantage of this proposed vehicle is that it would be a self -contained, diesel- powered vehicle that would not need to be attached to another vehicle and towed to a location .
The self-contained nature of the proposed vehicle would allow it to be more readily deployed in an emergency. This vehicle would be assigned to SCPD but used as a city asset in any major incident involving natural disaster, chemical spill, railway incident, or in a major fire incident to support Suisun City FD in emergency operations, staff planning and staff breaks in a similar manner as the command vehicle deployed by The Solano County Office of Emergency Services that was deployed to support fire operations on June 3
rd, of 2020, during the fire in the downtown
area.
AB 481 and SCPD Policy 706 require staff to present any changes in items defined as military equipment to the Suisun City Council. Any approved changes to the policy are required to be done by way of ordinance. Because the City Council has already approved items defined as military equipment in ordinance 793, SCPD is asking to add a Command Vehicle to its military equipment inventory, which will be paid for solely by the State of California.
The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles , pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and light and sound diversionary devices . The list of items considered “military equipment” in AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.
Provided as an attachment is a n amended draft policy for consideration of adoption, listing the Command Vehicle that would currently fall under the category of “military equipment” as defined by AB 481.
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This draft policy amendment was presented to, and reviewed by, the Suisun City Public Safety and Emergency Management Committee during one of its regular meetings on December 1, 2022, with full committee support of adopting this policy and adding the Command Vehicle to SCPD’s equipment inventory.
Additionally, a copy of the draft policy was placed on the SCPD website on November 18, 2022, for review prior to the council meeting and public hearing. This public notice is still accessible on the SCPD website with a specific notation this policy would be discussed at the December 20, 2022, City Council meeting by way of a public hearing.
Lastly, a Notice of Public Hearing and Summary of Proposed Ordinance was advertised 30 days in advance of the December 20, 2022, public hearing in the local news media outlets as required by AB 481.
STAFF RECOMMENDATION:
1. Introduce and Waive Reading of Ordinance No. __; An Ordinance of the City Council of the City of Suisun City, California, Amending Ordinance 793, Adopting Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481.
ATTACHMENTS:
1. Ordinance No.____: An Ordinance of the City Council of the City of Suisun City, California, Amending Ordinance 793, Adopting Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481.
2. Draft SCPD Policy 706.
3. PowerPoint Containing Information on Proposed Command Vehicle.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN
CITY, CALIFORNIA, AMENDING ORDINANCE 793, ADOPTING
POLICY 706 RELATING TO THE POLICE DEPARTMENT’S USE OF
MILITARY EQUIPMENT, IN ACCORDANCE WITH ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 4 81”) to address the funding, acquisition, and use of military equipment by law enforcement agencies in California; and
WHEREAS, AB 481, codified as Government C ode Sections 7070 through 7075, required that Suisun City Police Department ( “SCPD”) begin the p rocess of obtaining approval from City Council of its military equipment use policy by ordinance prior to May 1, 2022; and
WHEREAS, accordingly, on May 3, 2022, the City Council adopted P olicy 706, City of Suisun City Police Department Military Equipment Use Procedure Policy (“Policy 706”) attached hereto as Attachment 1 and incorporated by reference; and WHEREAS, since the adoption of Policy 706, the State of C alifornia has granted SCPD funding for, amongst other things, the acquisition of a command vehicle by SCPD t o facilitate the operational control and direction of public safety units; and
WHEREAS, pursuant to Government Code section 7070(c)(5), a command vehicle to facilitate the operati onal control and direction of public safety units is “military equipment,” as that phrase is defined in Government Code Section 7070; and
WHEREAS, in accordance with AB 481, SCPD has drafted an amended Policy 706 (the “Ame nded Policy”) to include the com mand vehicle in the list of all of its current "military equipment,” as that phrase is defined in Government Code Section 7070; and
WHEREAS, the Amended Policy was made available to the public on SCPD ’s internet website on November 19, 2022, which was at least thirty (30) days prior to the public hearing held on December 20, 2022, concerning the amendment to Policy 706, in accordance with Government Code section 7071(b); and
WHEREAS, the Amended Policy was reviewed by the City of Suisun City legal counsel; and
WHEREAS, the City Council finds that the Amended Policy meets the requirements of AB 481.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY DOES HEREBY ORDAIN AS FOLLOWS:
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Resolution No. 2022-
Adopted
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SECTION 1. The above recitals ar e true and correct and are incor porated herein by this reference.
SECTION 2. The Amended Policy, attached hereto as Attachment 2 and incorporated by reference, is hereby adopted.
SECTION 3. If any section, subsection, sentence, clause, or phrase of t his ordinance, including the pro visions of the Amended Policy, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decis ion will not affect the validity of the remaining portions of this ordin ance. The City Council hereby de clares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstituti onal without regard to whether any portion of the ordinance would be sub sequently declared invalid or unconstitutional.
SECTION 4. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places th roughout the City or published in a county newspaper that is circulated in the City, within 15 days after its passage, there being no newspaper of general circulation printed and published within the City.
SECTION 5. This Ordinance shall be in full force and effect on the 30th day aft er its second reading and adoption.
PASSED and ADOPTED this __ day of ________________________, 2022.
Alma Hernandez, Mayor
ATTEST:
________________________
Anita Skinner, City Clerk
APPROVED AS TO FORM:
_____________________________
Elena Q. Gerli, City Attorney
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Resolution No. 2022-
Adopted
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STATE OF CALIFORNIA )
COUNTY OF SOLANO )
CITY OF SUISUN CITY )
I, Anita Skinner, City Clerk of the City of Suisun City, California, do hereby certify that the foregoing Ordinance No. ______ was duly passed and adopted by the City Council of the City of Suisun City at the regular meeting thereof, held on the ___th day of _______, 2022, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Anita Skinner, City Clerk
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Policy
706
Suisun City Police Department
Suisun City PD Policy Manual
Copyright Lexipol, LLC 2022/11/08, All Rights Reserved.
Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy will supersede previous SCPD Policy 210. 706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body
– The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Attachment 2
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Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/11/08, All Rights Reserved.
Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the Suisun City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Suisun City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
Description, quantity, capabilities, and purchase cost.
Defense Technology 40mm LMT Tactical Single Shot Launcher With Expandable Stock o Description: Tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMT will fire standard 40mm less lethal projectiles propelled by smokeless powder, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. Double action S&W trigger group, barrel length of 14 inches rifled bore. o Cost: $985.70 (Curtis Blue Line Uniforms)
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Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/11/08, All Rights Reserved.
Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 3 o Quantity of four (4)
DEFENSE TECHNOLOGY, Model 6325 eXact iMpact 40mm sponge round. o Description: 40 mm sponge Round delivers a point-of-aim, point-of-impact direct- fire round in the form of a plastic body and sponge nose. It is a lightweight, high- speed projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. Due to the smokeless powder as the propellant, it has velocities that are extremely consistent. This round has been effectively used for crowd control, patrol, and tactical applications.
o Cost: $28.65 per round
o Quantity of one hundred ten (110)
Farber Specialties Custom Built Mobile Command Vehicle
o One 33' diesel vehicle with emergency lighting and audio visual equipment for use as a mobile emergency operations center or incident command vehicle during investigations, critical incidents, natural disasters and other incidents such as chemical spills or a fire event. This vehicle will also be used for community events as a mobile meeting point for staff and community members during events like 4th of July Fireworks, National Night Out, Christmas on the Waterfront and other community outreach events where police and other city staff can advertise their presence and connect with the community.
o Cost is estimated at $500,000.00 - funding provided by the State of California REMINGTON 870 LESS LETHAL SHOTGUN,
o Description : The Remington 870 Less Lethal Shotgun is used to deploy the less- lethal
12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of Deescalation. o Cost: $800 per rifle
o Quantity: five (5)
12-GAUGE DRAG STABILIZED BEAN BAG ROUND
The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities' number one choice for limiting the escalation of conflict where the deployment of lethal force is prohibited.
Cost: $7 per round
Quantity: Fifty (50)
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Attachment 2
211
Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/11/08, All Rights Reserved.
Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 4 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which Item 18
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Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/11/08, All Rights Reserved.
Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 5 the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 USE IN EXIGENT CIRCUMSTANCES
The Suisun City Police Department participates with the Solano County Sheriff's Special Response Unit and works closely with local, county, state, and federal partners. In exigent circumstances and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
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Public Hearing:
Update to Military
Equipment Policy‐706
Military Equipment Policy 706
Suisun City Police Department
SCPD Policy 706
Tonight's Agenda
• Recap of AB 481 and Suisun City Police Policy 706
• Draft Policy Overview and Presentation
• Open Public Hearing
• Decision/Approval of SCPD Draft Policy 706 and Adoption of Related Ordinance
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SCPD Policy 706
• Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
• May 3, 2022, SCPD Policy 706 and Ordinance 793 were approved by City Council.
SCPD Policy 706 –L i s t of Specified Equipment
Military equipment – Includes but is not limited to the following:
• (a) Unmanned, remotely piloted, powered aerial or ground vehicles. • (b) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
• (c) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• (d) Tracked armored vehicles that provide ballistic protection to their occupants.
• (e) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • (f) Weaponized aircraft, vessels, or vehicles of any kind. 3 4
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SCPD Draft Policy 706
• Request to add a Command and Control vehicle to existing and previously approved policy by way of ordinance.
• Policy includes the current items in SCPD inventory covered by AB481
SCPD Draft Policy 706
What is the Mobile Command Vehicle?
• 33’ Diesel Engine Mobile Command Vehicle (RV Style)
• Outfitted with Emergency Lighting and Audio-Visual Equipment • Used as Mobile Emergency Operations Center (EOC), Incident Command Vehicle:
• Investigations, Critical Incidents,
• Natural Disasters, Fire & Evacuation Incidents
• Community Events (4
th of July, National Night Out)
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SCPD’s Old Command Vehicle
• Command Trailer
• Currently unusable
• Would qualify as military
equipment for purposes
of this policy
• Reported previously as
needing replacement in
the future during a
public revision of Policy
706
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Proposed 33’ Diesel Motor
Mobile Command Vehicle
Proposed 33’ Diesel Motor
Mobile Command Vehicle
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Command Vehicle Cost
• Estimated at $499,106.00
• Farber Specialty Vehicles, Columbus, OH
• Paid for by State Funding to be brought forward at a later time • Cannot use the funding for other projects
Recommendation
1. Introduce and Waive Reading of Ordinance No.____: Amending Ordinance 793 and SCPD Policy 706
2. Council Adopt Resolution No._____: Approving the addition of the proposed Command Vehicle, Amending Ordinance 793 and SCPD Department Policy 706 governing military equipment as defined by AB 481.
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PREPARED BY: Amanda Dum, Management Analyst II
REVIEWED BY: Nouae Vue, Director Public Works
APPROVED BY: Greg Folsom, City Manager
AGENDA TRANSMITTAL
MEETING DATE: December 20, 2022
CITY AGENDA ITEM: Public Hearing and Other Proceedings Related to Annexation No.13 to Community Facilities District No. 2 (Municipal Services), for the Caterpillar Clubhouse Project (Continued from December 6, 2022):
1. Council Adoption of Resolution No. 2022-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
2. Council Adoption of Resolution No. 2022-___: Declaring Results of Special Annexatio n Election, Determining Validity of P rior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
3. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying S pecial Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.
FISCAL IMPACT: There would be an impact to th e G eneral Fund from this item. Once annexed into CFD#2, Caterpillar Clubhouse will begin to contribute funds towards Safety Services such as police and fire. The annexation of the Caterpillar Clubhouse into Community Facilities District No. 2 meets the fiscal criteria as established by Resolution No. 2005- 69 Cost R ecovery Policy for New Development, dated October 4, 2005. Community Facilities District #2 is intended to offset Municipal Servi ce costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.
STRATEGIC PLAN IMPACT: Provide Good Governance and Ensure Public Safety.
BACKGROUND: As part of the Caterpillar Clubhouse conditions of approval, the developer is required to mitigate the impact on City Services due to the new development. In accordance with the development conditions imposed on development project, the landowner is annexing to Community Facility District No. 2 to offset municipal service costs for police, fire, paramedics.
As the first st ep in the annexation process, t he Res olution of Intention was brought before Council and approved at the November 1, 2022, Council Meeting.
STAFF REPORT: The second steps in the legislative process for annexation of the Caterpillar Clubhouse into Community Facility District No. 2 include conducting the Public Hearing and the Hearing that are before you this evening. The final step involve s the item coming back to Council as part of an Ordinance for Council’s approval at the January 3, 2023 meeting.
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STAFF RECOMMENDATION: It is recommended that the City Council:
a. Adopt Resolution No. 2022-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Adopt Resolution No. 2022- ___: Declaring Results of Special Annexation E lection, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
c. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying S pecial Ta x Within City of Suisun City Communities Facilities District No. 2 (Municipal Services ), Including Certain Annexation Territory.
ATTACHMENTS:
1. Council Resolution No. 2022- ___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
2. Council Resolution No. 2022- ___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
3. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying S pecial Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.
4. District Boundary Map.
5. PowerPoint Presentation.
Item 19
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RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
SUBMITTING ANNEXATION OF TERRITORY AND LEVY OF SPECIAL TAXES
TO QUALIFIED ELECTORS
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 13 (Caterpillar Clubhouse)
RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that:
WHEREAS, this Council, acting as legislative body of the City of Suisun City’s Community Facilities District No. 2 (Municipal Service s) (the “CFD”) has adopted “A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “An nexation Territory) to the CFD pursuant to the Mello Roos Community Facilities Act of 1982, Sections 53311 and following of the California Government Code (the “Act”);
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of the Annexation Territory and stating the services (the “Services”) to be provided and the rate and method of apportionment of the special tax (the “Special Taxes”) to be levied within the Annexation Territory to pay for the Services, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein;
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation of the Annexation Territory to the CFD and the levy of special taxes in the Annexation Territory; WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the annexation of the Annexation Territory to the CFD and the levy of the Special Taxes within the Annexation Territory were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for the hearing, written protests had not been fi led against the proposed annexation of the Annexation Territory to the CFD by (i) 50% of 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 voters, whichever is more, residing in the Annexation Territory, (iii) owners of one-half or more of the area of land in the CFD not exempt from special taxes or (iv) owners of one -half or more of the area of land in the Annexation Territory not exempt from special taxes; and Item 19
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Resolution No. 2022-___
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WHEREAS, the Annexation Map of the captioned annexation has been filed with the City Clerk and recorded in the Solano County Recorder’s Office on November 29, 2022 , in Book 26 at Page 62 of Maps of Assessment and Community Facilitie s Districts as Document Number 202200074867, which map shows the Annexation Territory.
NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:
1. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation o f the Annexation 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. Prior Resolutions . The provisions of the Resolution of Inten tion to Annex and Resolution No. 2005 -89, entitled “A Resolution of the Suisun City Council Forming Community Facilities District No. 2 (Municipal Services)” (the “Resolution of Formation”), previously adopted by this Council for the CFD, are by this refer ence incorporated herein, as if fully set forth herein.
3. Voter Approval . Pursuant to the provisions of the Act, the propositions of (i) the annexation of the Annexation Territory and (ii) the levy of the Special Taxes within the Annexation Territory shall be submitted to the voters of the Annexation Territory at an election called therefor as hereinafter provided.
4. Electors Determined. This Council hereby finds that fewer than 12 persons have been registered to vote within the Annexation Territory for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the Annexation Territory and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the Annexation Territory.
5. Applicable Laws. Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code, provided, however, that for purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern.
6. Special Election Called. On Tuesday, December 20, 2022, in the Council Chambers in City Hall, 701 Civic Center Blvd., Suisun City, California, a special election is hereby called to consider the measure described in the ballot referred to below. This Council hereby further finds that the provision 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 herein specified is established accordingly.
Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the provision and/or acquisition of the Services and the incidental costs thereof, all as defined in the Resolution of Intention to Annex a nd the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only Item 19
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Resolution No. 2022-___
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to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD.
7. Election Official. The City Clerk is hereby appointed as the election official to conduct the election and shall cause to be provided to each landowner in the Annexation Territory a ballot substantially in the form of Exhibit A hereto (the “Ballot”), which form is hereby approved. The City Clerk shall accept mailed or hand delivered Ballots of the qualified electors received prior to 5:30 o'clock p.m. on the date fixed above for the election.
8. Effective. This resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of December 2022.
ATTEST:
Mayor Anita Skinner, City Clerk
Item 19
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Resolution No. 2022-___
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EXHIBIT A
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 13 (Caterpillar Clubhouse)
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Suisun City no later than 6:30 p.m. on Tuesday, December 6, 2022, either by mail or in person. The City Clerk’s office is located at 701 Civic Center Boulevard, Suisun City, California 94585.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Suisun City and obtain another.
The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2 (Municipal Services) is $4,588 in 2022/23 dollars and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2 (Municipal Services).
BALLOT MEASURE NO. 1: Shall the
City of Suisun City, by and for its
Community Facilities District No. 2
(Municipal Services) (the “CFD”), be
authorized to annex Annexation No. 13
(Caterpillar Clubhouse) to the CFD, as
such territory is described in “A
Resolution Submitting Annexation of
Territory and Levy of Special Taxes to
Qualified Electors” adopted by the City
Council of the City of Suisun City on
December 6, 2022? The effectiveness of
this Ballot Measure No. 1 is contingent
upon the passage of Ballot Measure No. 2.
Item 19
Attachment 1
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Resolution No. 2022-___
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Qualified
Landowner Votes Votes Cast YES NO
1 BALLOT MEASURE NO. 2: Shall the
City of Suisun City, by and for its
Community Facilities District No. 2
(Municipal Services) (the “CFD”), be
authorized to levy special taxes within the
territory proposed for annexation to the
CFD according to the rate and method of
apportionment specified in the Resolution
of the City Council entitled “A Resolution
of Intention to Annex Territory to
Community Facilities District and to
Authorize the Levy of Special Taxes
Therein,” adopted by the City Council of
the City of Suisun City on Decembe r 20,
2022? The effectiveness of this Ballot
Measure No. 2 is contingent upon the
passage of Ballot Measure No. 1.
Qualified
Landowner Votes Votes Cast YES NO
1 By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.
Assessor Parcel No.: 0173-670-210
Acres: 0.51
Number of Votes: 1
3N LAND & BLDG FUND REIT-INC
By: _________________________
Name: _________________________
Its: ____________________________
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RESOLUTION NO. 2022-___
A RESOLUTION DECLARING RESULTS OF SPECIAL ANNEXATION
ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 13 (Caterpillar Clubhouse)
RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that:
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land (the “Annexation Territory”) proposed to be annexed to Community Facilities District No. 2 (Municipal Services) (the “CFD”);
WHEREAS, pursuant to the terms of the resolution of the City Council entitled “A Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors” (the “Election Resolution”) adopted by the City Council on this date, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election (the “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, IT IS HEREBY ORDERED as follows:
1. Issue Presented. The issues presented at the special election were (i) the annexation of the Annexation Territory to the CFD and (ii) the levy of a special ta x within the Annexation Territory.
2. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the Annexation Territory by more than two-thirds of the votes received at the special election.
3. Annexation Completed . Pursuant to the voter approval, the Annexation Territory is hereby declared to be fully annexed to and part of the CFD with full legal effect.
4. Authority to Levy Special Taxes. Pursuant to the voter approval, this Council may levy special taxes in the territory in the Annexation Territory according to the rate and method of apportionment specified in the Resolution of this Council entitled “A Item 19
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Resolution No. 2022-___
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Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein,” adopted on November 1, 2002.
5. Prior Proceedings . It is hereby found that all prior proceedings and actions taken by this Council pursuant to the CFD and the Annexation Territory were valid and in conformity with the Act.
6. Amendment to Notice of Lien . Within 15 days of the date of this Resolution, 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 Specia l Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.
7. Effective. This resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of December 2022.
ATTEST:
Mayor Anita Skinner, City Clerk
Item 19
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Resolution No. 2022-___
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EXHIBIT A
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 13 (Caterpillar Clubhouse)
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory proposed for annexation to City of Suisun City Community Facilities District No. 2 (Municipal Services), which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory proposed to be annexed and the total number of votes cast for and against the measures are as follows and the totals as shown for and against the measures are full, true and correct:
BALLOT MEASURE NO. 1: Shall the City of Suisun
City, by and for its Community Facilities District No.
2 (Municipal Services) (the “CFD”), be authorized to
annex Annexation No. 13 (Caterpillar Clubhouse) to
the CFD, as such territory is described in “A
Resolution Submitting Annexation of Territory and
Levy of Special Taxes to Qualified Electors” adopted
by the City Council of the City of Suisun City on
December 6, 2022? The effecti veness of this Ballot
Measure No. 1 is contingent upon the passage of Ballot
Measure No. 2.
Qualified
Landowner Votes Votes Cast YES NO
1 BALLOT MEASURE NO. 2: Shall the City of Suisun
City, by and for its Community Facilities District No. 2 (Municipal Services) (the “CFD”), be authorized to
levy special taxes within the territory proposed for
annexation to the CFD according to the rate and
method of apportionment specified in the Resolution of
the City Council entitled “A Resolution of Intention to Item 19
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Resolution No. 2022-___
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Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein,” adopted
by the City Council of the City of Suisun City on
December 6, 2022? The effectiveness of this Ballot
Measure No. 2 is contingent upon the passage of Ballot
Measure No. 1.
Qualified
Landowner Votes Votes Cast YES NO
1 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of _________, 2022.
CITY OF SUISUN CITY
By:
Anita Skinner, City Clerk
Item 19
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SUISUN CITY LEVYING SPECIAL TAX WITHIN CITY OF SUISUN
CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL
SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 13 (Caterpillar Clubhouse)
WHEREAS, the City of Suisun City (the “City”) has conducted proceedings pursuant to the Mello -Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Suisun City Community Facilities District No. 2 (Municipal Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Original Rate and Method”) is set forth in Exhibit A to City Council Resoluti on 2005-89, which was adopted on November 15, 2005 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY as follows:
SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2006-07 pursuant to Ordinance No. 684, passed and adopted by the City Council on December 6, 2005, and the Special Tax is hereby levied commencing in fiscal year 2022-23 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2006 -07 through 2022-
23. Item 19
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Ordinance No. __
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SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act.
In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment o f the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2022-23 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date here of, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 684 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Suisun City, County of Solano.
Item 19
Attachment 3
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Ordinance No. __
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INTRODUCED at a regular meeting of the City Council of the City of Suisun City held on December 20, 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of December 2022.
Anita Skinner
City Clerk
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City held on January 3, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Mayor Anita Skinner, City Clerk
Item 19
Attachment 3
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Legend
□ Annexation Parcel
D Surrounding Area Parcels
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Sheet 1 of1
Annexation Map No. 13 of City of Suisun City
Community Facilities District No. 2 (Municipal Services)
COUNTY OF SOLANO
STATE OF CALIFORNIA
Anderson Dr
REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED "PROPOSED BOUNDARIES OF CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL SERVICES), COUNTY OF SOLANO, STATE OF CALIFORNIA," FILED THE 27TH DAY OF OCTOBER 2005, AT THE HOUR OF IN BOOK 23 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE 60, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY
OF SOLANO, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS
1.FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SUISUN CITY THIs e!"___ DAY OF Noi,Allg��o.2:_;2- � /½zz <•.)
CITY CLERK
2.1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. 13 TO CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL SERVICES), COUNTY OF SOLANO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY.AT A MEETING THEREOF, HELD ON THE..J..!!:..__DAYOF NoY¥,#M�202::!,BY ITS RESOLUTION NO . .:Zo2�-l 'ii �a«
CITY CLERK
3.FILED THIS _.2.9.._ DAY OF�, 20M, AT THE HOUR OF q;y O'CLOCK A_.M., IN BOOK� OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE ft.h.._ IN THE OFFICE OF THE COUNTY RECORDER
IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA
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COUNTY OF SOLANO
CITY OF SUISUN CITY
Source: Solano County G/S
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StateP/ane California fl FIPS 0402 Feet D
2fi Al) fi2
Item 19
Attachment 4
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Community Facilities
District #2
ANNEXATION #13
CATERPILLAR CLUBHOUSE PROJECT
December 20, 2022
Community Facilities District #2 –C i t y‐Wide
Majority of revenue from District goes to Safety Services (Police & Fire) Caterpillar Clubhouse
Property Location
Existing CFD
Properties
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Item 19
Attachment 5
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Caterpillar Clubhouse Boundary Map
Staff Recommendations
It is recommended that the City Council adopt the following:
a. Adoption of Resolution No. 2022 ‐___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
a. Adoption of Resolution No. 2022‐ ___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
a. Council Introduction and Waive Reading of Ordinance No. ___: Levying Special Tax within City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.
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Item 19
Attachment 5
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Questions?
CONDUCT PUBLIC HEARING
5 Item 19
Attachment 5
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PREPARED BY: Amanda Dum, Management Analyst II
REVIEWED BY: Nouae Vue, Director Public Works
APPROVED BY: Greg Folsom, City Manager
AGENDA TRANSMITTAL
MEETING DATE: December 20, 2022
CITY AGENDA ITEM: Public Hearing and Other Proceedings Related to Annexation No.14 to Community Facilities District No. 2 (Municipal Services), for the Zip Thru Car Wash Project (Continued from December 6, 2022):
a. Council Adoption of Resolution No. 2022-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Council Adoption of Resolution No. 2022-___: Declaring Results of Special Annexation Election, Determining Validity of P rior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
c. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying S pecial Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.
FISCAL IMPACT: There would be an impact to th e G eneral Fund from this item. Once annexed into CFD#2, Zip Thru Car Wash will begin to contribute funds towards Safety Services such as police and fire. The annexation of the Zip Thru Car Wash into Community Facilities District No. 2 meets the fiscal criteria as established by Resolution No. 2005- 69 Cost R ecovery Policy for New Development, dated October 4, 2005. Community Facilities District #2 is intended to offset Municipal Servi ce costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.
STRATEGIC PLAN IMPACT: Provide Good Governance and Ensure Public Safety.
BACKGROUND: As part of the Zip Thru Car Wash conditions of approval, the developer is required to mitigate the impact on City Services due to the ne w development. In acco rdance with the development conditions imposed on development project, the landowner is annexing to Community Facility District No. 2 to offset municipal service costs for police, fire, paramedics.
As the first step in the annexation process, t he Resolu tion of Intention was brought before Council and approved at the November 1, 2022, Council Meeting.
STAFF REPORT: The second steps in the legislative proc ess for annexation of the Zip Thru Car Wash into Community Facility District No. 2 include conducting the Public Hearing and the Hearing that are before you this evening. The final step involve s the item coming back to Council as part of an Ordinance for Council’s approval at the January 3, 2023, meeting.
Item 20
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STAFF RECOMMENDATION: It is recommended that the City Council:
a. Adopt Resolution No. 2022-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Adopt Resolution No. 2022- ___: Declaring Results of Special Annexation Electi on, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
c. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying S pecial Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services ), Including Certain Annexation Territory.
ATTACHMENTS:
1. Council Resolution No. 2022- ___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
2. Council Resolution No. 2022- ___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
3. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Le vying Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services ), Including Certain Annexation Territory.
4. District Boundary Map.
5. PowerPoint Presentation.
Item 20
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RESOLUTION NO. 2022-___
A RESOLUTION SUBMITTING
ANNEXATION OF TERRITORY AND
LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 14 (Zip Thru Car Wash)
RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that:
WHEREAS, this Council, acting as legislative body of the City of Suisun City’s Community Facilities District No. 2 (Municipal Service s) (the “CFD”) has adopted “A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “An nexation Territory) to the CFD pursuant to the Mello Roos Community Facilities Act of 1982, Sections 53311 and following of the California Government Code (the “Act”);
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of the Annexation Territory and stating the services (the “Services”) to be provided and the rate and method of apportionment of the special tax (the “Special Taxes”) to be levied within the Annexation Territory to pay for the Services, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein;
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation of the Annexation Territory to the CFD and the levy of special taxes in the Annexation Territory; WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the annexation of the Annexation Territory to the CFD and the levy of the Special Taxes within the Annexation Territory were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for the hearing, written protests had not been fi led against the proposed annexation of the Annexation Territory to the CFD by (i) 50% of 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 voters, whichever is more, residing in the Annexation Territory, (iii) owners of one-half or more of the area of land in the CFD not exempt from special taxes or (iv) owners of one -half or more of the area of land in the Annexation Territory not exempt from special taxes; and WHEREAS, the Annexation Map of the captioned annexation has been filed with the City Clerk and recorded in the Solano County Recorder’s Office on November 29, 2022 , in Item 20
Attachment 1
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Resolution No. 2022-___
Adopted
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Book 26 at Page 63 of Maps of Assessment and Community Facilitie s Districts as Document Number 202200074950, which map shows the Annexation Territory.
NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:
1. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation o f the Annexation 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. Prior Resolutions . The provisions of the Resolution of Inten tion to Annex and Resolution No. 2005 -89, entitled “A Resolution of the Suisun City Council Forming Community Facilities District No. 2 (Municipal Services)” (the “Resolution of Formation”), previously adopted by this Council for the CFD, are by this reference incorporated herein, as if fully set forth herein.
3. Voter Approval . Pursuant to the provisions of the Act, the propositions of (i) the annexation of the Annexation Territory and (ii) the levy of the Special Taxes within the Annexation Territory shall be submitted to the voters of the Annexation Territory at an election called therefor as hereinafter provided.
4. Electors Determined. This Council hereby finds that fewer than 12 persons have been registered to vote within the Annexation T erritory for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the Annexation Territory and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the Annexation Territory.
5. Applicable Laws. Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code, provided, however, that for purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern.
6. Special Election Called. On Tuesday, December 20, 2022, in Council Chambers in City Hall, 701 Civic Center Boulevard , Suisun City, California, a special election is hereby called to consider the measure described in the ballot referred to below. This Council hereby further finds that the provision 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 herein specified is established accordingly.
Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the provision and/or acquisition of the Services and the incidental costs thereof, all as defined in the Resolution of Intention to Annex and the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or Item 20
Attachment 1
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Resolution No. 2022-___
Adopted
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funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD.
7. Election Official. The City Clerk is hereby appointed as the election official to conduct the election and shall cause to be provided to each lando wner in the Annexation Territory a ballot substantially in the form of Exhibit A hereto (the “Ballot”), which form is hereby approved. The City Clerk shall accept mailed or hand delivered Ballots of the qualified electors received prior to 5:30 o'clock p.m. on the date fixed above for the election.
8. Effective. This resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of December 2022.
ATTEST:
Mayor Anita Skinner, City Clerk
Item 20
Attachment 1
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Resolution No. 2022-___
Adopted
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EXHIBIT A
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 14 (Zip Thru Car Wash)
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Suisun City no later than 6:30 p.m. on Tuesday, December 6, 2022, either by mail or in person. The City Clerk’s office is located at 701 Civic Center Boulevard, Suisun City, California 94585.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Suisun City and obtain another.
The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2 (Municipal Services) is $5,794 in 2022/23 dollars and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2 (Municipal Services).
BALLOT MEASURE NO. 1: Shall the
City of Suisun City, by and for its
Community Facilities District No. 2
(Municipal Services) (th e “CFD”), be
authorized to annex Annexation No. 14
(Zip Thru Car Wash) to the CFD, as such
territory is described in “A Resolution
Submitting Annexation of Territory and
Levy of Special Taxes to Qualified
Electors” adopted by the City Council of
the City o f Suisun City on December 6,
2022? The effectiveness of this Ballot
Measure No. 1 is contingent upon the
passage of Ballot Measure No. 2.
Item 20
Attachment 1
248
Resolution No. 2022-___
Adopted
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Qualified
Landowner Votes Votes Cast YES NO
2 BALLOT MEASURE NO. 2: Shall the
City of Suisun City, by and for its
Community Facilities District No. 2
(Municipal Services) (the “CFD”), be
authorized to levy special taxes within the
territory proposed for annexation to the
CFD according to the rate and method of
apportionment specified in the Resolution
of the City Council entitled “A Resolution
of Intention to Annex Territory to
Community Facilities District and to
Authorize the Levy of Special Taxes
Therein,” adopted by the City Council of
the City of Suisun City on December 6,
2022? The effectiveness of this B allot
Measure No. 2 is contingent upon the
passage of Ballot Measure No. 1.
Qualified
Landowner Votes Votes Cast YES NO
2 By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.
Assessor Parcel No.: 0173-670-040
Acres: 1.20
Number of Votes: 2
SUISUN CITY CARWASH INC
By:
Name:
Its:____________________________
Item 20
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RESOLUTION NO. 2022-___
A RESOLUTION DECLARING RESULTS OF SPECIAL ANNEXATION
ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 14 (Zip Thru Car Wash)
RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that:
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land (the “Annexation Territory”) proposed to be annexed to Community Facilities District No. 2 (Municipal Services) (the “CFD”); WHEREAS, pursuant to the terms of the resolution of the City Council entitled “A Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors” (the “Election Resolution”) adopted by the City Council on this date, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election (the “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, IT IS HEREBY ORDERED as follows:
1. Issue Presented. The issues presented at the special election were (i) the annexation of the Annexation Territory to the CFD and (ii) the levy of a special tax within the Annexation Territory.
2. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the Annexation Territory by more than two- thirds of the votes received at the special election.
3. Annexation Completed. Pursuant to the voter approval, the Annexation Territory is hereby declared to be fully annexed to and part of the CFD with full legal effect.
4. Authority to Levy Special Taxes. Pursuant to the voter approval, this Council may levy special taxes in the territory in the Annexation Territory according to the rate and method of apportionment specified in the Resolution of this Council entitled “A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein,” adopted on April 6, 2021.
Item 20
Attachment 2
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Resolution No. 2022-___
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5. Prior Proceedings. It is hereby found that all prior proceedings and actions taken by this Council pursuant to the CFD and the Annexation Territory were valid and in conformity with the Act.
6. Amendment to Notice of Lien. Within 15 days of the date of this Resolution, 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 Highways Code.
7. Effective. This resolution shall take effect upon its adoption. * * * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Suisun City at a meeting held on the 20th day of December 2022, by the following vote:
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of December 2022.
ATTEST:
Mayor Anita Skinner, City Clerk
Item 20
Attachment 2
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Resolution No. 2022-___
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EXHIBIT A
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 14 (Zip Thru Car Wash)
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory proposed for annexation to City of Suisun City Community Facilities District No. 2 (Municipal Services), which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory proposed to be annexed and the total number of votes cast for and against the measures are as follows and the totals as shown for and against the measures are full, true and correct:
BALLOT MEASURE NO. 1: Shall the City of Suisun
City, by and for its Community Facilities District No.
2 (Municipal Services) (the “CFD”), be authorized to
annex Annexation No. 14 (Zip Thru Car Wash) to the
CFD, as such territory is described in “A Resolution
Submitting Annexation of Territory and Levy of
Special Taxes to Qualified Electors” adopted by the
City Council of the City of Suisun City on December 6,
2022? The effectiveness of this Ballot Measure No. 1
is contingent upon the passage of Ballot Measure No.
2. Qualified
Landowner Votes Votes Cast YES NO
2 BALLOT MEASURE NO. 2: Shall the City of Suisun
City, by and for its Community Facilities District No. 2 (Municipal Services) (the “CFD”), be authorized to
levy special taxes within the territory proposed for
annexation to the CFD according to the rate and
method of apportionment specified in the Resolution of
the City Council entitled “A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein,” adopted
by the City Council of the City of Suisun City on
Item 20
Attachment 2
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Resolution No. 2022-___
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December 6, 2022? The effectiveness of this Ballot
Measure No. 2 is contingent upon the passage of Ballot
Measure No. 1.
Qualified
Landowner Votes Votes Cast YES NO
2 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of _________, 2022.
CITY OF SUISUN CITY
By:
Anita Skinner, City Clerk
Item 20
Attachment 2
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SUISUN CITY LEVYING SPECIAL TAX WITHIN CITY OF SUISUN
CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL
SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY
CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 14 (Zip Thru Car Wash)
WHEREAS, the City of Suisun City (the “City”) has conducted proceedings pursuant to the Mello -Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Suisun City Community Facilities District No. 2 (Municipal Services)” (the “CFD”) for the purpose of financing certain municipal serv ices (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Original Rate and Method”) is set forth in Exhibit A to City Council Resolution 2005 -89, which was adopted on November 15, 2005 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY as follows:
SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2006-07 pursuant to Ordinance No. 684, passed and adopted by the City Council on December 6, 2005, and the Special Tax is hereby levied commencing in fiscal year 2022-23 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2006 -07 through 2022-
23. SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to Item 20
Attachment 3
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Ordinance No. __
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be levied for the next ensuing fiscal year for each parcel of real property within t he CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act.
In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall b e used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provid ed for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2022-23 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax t o the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 684 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Suisun City, County of Solano.
Item 20
Attachment 3
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Ordinance No. __
Adopted
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INTRODUCED at a regular meeting of the City Council of the City of Suisun City held on December 20, 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of December 2022.
Anita Skinner
City Clerk
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City held on January 3, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Mayor Anita Skinner, City Clerk
Item 20
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Legend
DAnne)(ation Parcel
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Annexation Map No. 14 of City of Suisun City
Community Facilities District No. 2 (Municipal Services)
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REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTIT LED "PROPOSED BOUNDARIES OF CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPA L SERVICES), COUNTY OF SOLANO, STATE OF CA LIFORNIA," FILED THE 27TH DAY OF OCTOBER, 2005, AT THE HOUR OF IN BOOK 23 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE 60, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY
OF SOLANO, STATE OF CA LIFORNIA, VVHICH THIS ANNEXATION MAP AFFECTS
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CITY CLERK
2.1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. 14 TO CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL SERVICES), COUNTY OF SOLANO, STATE OF g�
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IN THE COUNTY OF SOLANO. TATE OF CALIFORNIA
COUNTY RECORDE
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Item 20
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Community Facilities
District #2
ANNEXATION #14
ZIP THRU CAR WASH
December 20, 2022
Community Facilities District #2 –C i t y‐Wide
Majority of revenue from District goes to Safety Services (Police & Fire) Zip Thru Car Wash
Property Location
Existing CFD
Properties
1 2
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Attachment 5
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Zip Thru Car Wash Boundary Map
Staff Recommendations
It is recommended that the City Council adopt the following:
a. Adoption of Resolution No. 2022 ‐___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
a. Adoption of Resolution No. 2022‐ ___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
a. Council Introduction and Waive Reading of Ordinance No. ___: Levying Special Tax within City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.
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Questions?
CONDUCT PUBLIC HEARING
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PREPARED BY: Jose Colin, Fire Marshal
REVIEWED BY: Brad Lopez, Fire Chief
APPROVED BY: Greg Folsom, City Manager
AGENDA TRANSMITTAL
MEETING DATE: December 20, 2022
CITY AGENDA ITEM: Council Adoption of Resolution No. 2022 - : Adopting Certain Findings and the Policy Directives to Implement the Sales and Use of Safe and Sane Fireworks for 2023 as Provided in Chapter 8.04 of the Suisun City Code.
FISCAL IMPACT: Failure to approve the proposed resolution could result in the loss of approximately $74,172 to fund the 2023 Fourth of July Celebration, as well as $21,388 for fire prevention, fire education, fire investigation, and fire code enforcement associated with fireworks use.
BACKGROUND: This is an annual resolution to regulate the sales of Safe and Sane Fireworks.
Specifically, certain dates and times are required to be specified in a City Council Resolution. In 2013, Title 8, Chapter 8.04 – (“Fireworks.”) was modified to ensure that future Safe and Sane Fireworks sales periods may be approved by resolution without the need for technical changes every year to the City Ordinance.
STAFF REPORT: For one week, beginning June 28
th at noon, non-profit groups are allowed to sell
Safe and Sane Fireworks until July 4th at 9pm. This year fireworks booths saw a decrease in sales of Safe and Sane Fireworks of 22%. An initial inspection was conducted at each booth and periodical spot checks were conducted by Fire Prevention personnel. No incidents were reported by any of the non-profit groups. In accordance with the wholesaler agreement, below you will find the breakdown of the non-profit group’s payments and the monies remitted to the City:
2022 Fireworks Sales Breakdown of Payments by Non-Profit Groups
Description
Wahiawa Kajukenbo
Hwy 12 & Marina
Suisun American
Little League
Sunset Center
Crystal/ Rodriguez
Music Boosters
Walmart Parking Lot
Totals
Cash Sales Deposited $55,529.72 $42,722.36 $23,383.00 $121,635.08 Credit Card Receipts $129,719.63 $109,666.41 $75,552.56 $314,938.60 Gross Sales $185,249.35 $152,388.77 $98,935.56 $436,573.68
8.375% Sales Tax -$13,722.17 -$11,288.06 -$7,328.56 ($32,338.79) Retail + Regulatory Fee $171,572.18 $141,100.71 $91,607.00 $413,178.92 Regulatory Fee -$8,545.79 -$7,968.78 -$4,673.43 ($21,188.00) Total Retail Sales $159,181.32 $130,944.92 $85,009.82 $375,136.06 TNT Fireworks Product Cost $79,727.83 $65,744.40 $45,805.11 $191,277.34 Gross Proceeds $65,994.98 $53,266.16 $29,083.02 $148,344.16 Split with City of Suisun City Totals
Nonprofit 50% $32,997.49 $26,633.08 $14,541.51 $74,172.08 Suisun City 50% $32,997.49 $26,633.08 $14,541.51 $74,172.08 Item 21
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2022 Net Sales Proceeds
(Increase / Decrease)
Booth Location
(Non-Profit)
2022
2021
Difference
Highway 12 & Marina Blvd.
(Wahiawa Kajukenbo)
$32,997.49 $35,649.72 -8.0%
Sunset Center
(Suisun America Little League)
$26,633.08 $30,351.34 -13.9%
Walmart Parking Lot
(Crystal / Rodriguez Music Booster)
$14,541.51 $24,975.84 -71.7%
Total
$74,172.08
$90,976.90
-22.6%
The attached Resolution provides the applicable dates for applying the Fireworks Ordinance to the 2023 season. These changes are made to accommodate the 2023 calendar year and include the following:
• The dates for accepting applications will be January 2nd, through February 3rd • The date for the lottery, if needed, will be February 8th, at 10:00 AM • The date for execution of the Fireworks Wholesaler Distribution Agreement is May 1st • The no later than date for the Wholesaler Public Education Plan is May 26th • All unsold fireworks and accompanying litter shall be cleared from the sites no later than July 6th
STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022 - : Adopting Certain Findings and the Policy Directives to Implement the Sales and Use of Safe and Sane Fireworks for 2023 as provided in Chapter 8.04 of the Suisun City Code.
ATTACHMENTS:
1. Resolution No. 2022 - : Adopting Certain Findings and the Policy Directives to Implement the Sales and Use of Safe and Sane Fireworks for 2023 as Provided in Chapter
8.04 of the Suisun City Code.
2. PowerPoint Presentation.
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RESOLUTION NO. 2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
ADOPTING CERTAIN FINDINGS AND THE POLICY DIRECTIVES TO
IMPLEMENT THE SALES AND USE OF SAFE AND SANE FIREWORKS FOR 2023 AS ALLOWED BY TITLE 8, CHAPTER 8.04 OF THE SUISUN CITY CODE
WHEREAS, the Suisun City Code has been amended to permit the sales of Safe and Sane Fireworks, and to regulate other fireworks-related activities; and
WHEREAS, the sale of Safe and Sane Fireworks has benefitted the City of Suisun City by providing local Nonprofit Organizations who work for the benefit of the community with an opportunity to raise funds; and
WHEREAS, the City Council deems it necessary to adopt Certain Findings for the sale and use of Safe and Sane Fireworks; and
WHEREAS, the City Council deems it necessary to adopt Policy Directives for the sales and use of Safe and Sane Fireworks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby finds that Fireworks stands are categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15311 as minor accessory structures appurtenant to existing c ommercial, industrial, or institutional facilities; and
BE IT FURTHER RESOLVED that the City Council of the City of Suisun City hereby adopts the following Policy Directives:
1. City Manager to Administer Fireworks Program. The City Manager is hereby directed to administer the Suisun City Fireworks Program; the City Council of the City of Suisun City authorizes the City Manager to execute any and all necessary documents pertaining to implementation of the Sales and the Use of Safe and Sane Fireworks in the City Suisun City.
2. Number of Permits. Three (3) Fireworks Sales Permits will be made available for the sale of Safe and Sane Fireworks in the City of Suisun City.
3. Filing Application for Fireworks Sales. Applications will be accepted from Janu ary 2nd, 2023 through February 3rd, 2023 until 5:00 pm.
4. Permittee Selection Process. The process for selection of permittees to hold and use Fireworks Sales Permits shall be consistent with the following policy directives:
a. Only Qualified Applicants, as that term is defined in section 8.04.010 of the Suisun City Code, shall be eligible to submit an application for a permit. Applicants are qualified on the basis of the following criteria:
i. Organizations that have proved they are qualified by documentation of charitable nonprofit status with the State and IRS 501(c)(3). The organization bylaws or Articles of incorporation shall state organized for Item 21
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Resolution No. 2022-__
Adopted
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a charitable, educational, religious, or scientific purposes, and a nonprofit organization.
ii. Charitable organizations “Primarily Serving Suisun City Residents and Businesses,” as that phrase is defi ned in the Municipal Code, and are organized primarily to benefit youth, schools, veterans, or local businesses in Suisun City shall be given preference in the first lottery drawing.
iii. The organization has at least 10 members that will staff the booth and a plan to keep the booth open for the full sales period.
iv. Organizations with less than 10 members shall produce an agreement with another nonprofit organization for a joint application. b. The lottery shall take place at a time, place, and manner determined by the Fire Chief in accordance with the administrative rules and procedures adopted by the Fire Chief. In 2023, the lottery will be held on February 8 th, at 10:00 am in the Council Chambers.
i. If three (3) or more organizations with the above preference apply, these organizations will be drawn in a lottery to determine selection for available permits.
ii. The choice of fireworks stand sites will be drawn separately after the permits have been determined.
ii. After the authorized number of permits has been awarded, the remaining qualified applicants shall be drawn in a second lottery as alternates. Each a lternate, according to the order drawn, shall be offered a permit if one of the original permittees cannot meet the requirements of this Chapter or if a permittee voluntarily surrenders its permit.
5. Fireworks Wholesaler—Distribution Agreement.
a. All fi reworks wholesalers who seek to do business in the City and supply a contract with applicants for fireworks booth permits in the city shall enter into and execute a fireworks wholesaler distribution agreement with the City no later than May 1st, 2023.
6. Fireworks Wholesaler Public Education Plan.
a. Each fireworks distributor/wholesaler supplying one or more nonprofit organizations who are permittees under this chapter, shall submit a public education plan to the City by no later than 5:00 pm on May 26th, 2023.
7. Locations of Fireworks Stands. Fireworks stand locations will be approved by the City Manager.
8. Fireworks Stands. Fireworks stands may be put in place by the permittee no earlier than 8:00 a.m. on June 20, 2023.
Item 21
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Resolution No. 2022-__
Adopted
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Signs for fireworks sales shall be displayed no earlier than seven (7) days before the approved start of sales, June 28, 2023, and must be removed four (4) days after the fireworks sales period ends July 8, 2023.
All unsold fireworks and accompanying litter shall be cleared fro m the location by 5:00 p.m. two (2) days after the fireworks sales period ends, July 6, 2023.
The fireworks stand shall be removed from the temporary location by 12:00 p.m. on July 12, 2023.
9. Permissible Hours of Sale. Dates and hours of the sale of "S afe and Sane Fireworks" shall begin no earlier than 12:00 noon on June 28 and shall not continue after 9:00 pm on July 4 of the same year. Sale of fireworks shall be permitted only from 12:00 noon to 9:00 pm on June 28 and from 9:00 am to 9:00 pm daily June 29 through July 4.
10. Permissible hours of use. It shall be unlawful to discharge any "Safe and Sane Fireworks" except during the hours of 9:00 am to 10:00 pm June 28 through July 5, 2023.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20th day of December 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 20th day of December 2022.
Anita Skinner
City Clerk
Item 21
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2022 Safe and
Sane Fireworks
Sales
2022 Wholesaler Share and Regulatory
Fees Remitted
Non-Profit Group Gross Share Regulatory Fee Totals
Wahiawa Kajukenbo $32,997.49 $8,545.79 $41,543.28
Suisun American Little League $26,633.08 $7,968.78 $34,601.86 Crystal Music Boosters $14,541.51 $4,673.43 $19,214.94
Total $74,172.08 $21,188.00 $95,360.08
Item 21
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2022 Net Sales Proceeds
(Increase/Decrease)
Booth Location (NP - Operator) 2022 2021 Difference
Highway 12 & Marina
(Wahiawa Kajukembo) $32,997.49 $35,649.72 -8%
Sunset Center
(Suisun American Little League) $26,633.08 $30,351.34 -14% Walmart Parking Lot
(Crystal / Rodriguez Music Booster) $14,541.51 $24,975.84 -72% Total $74,172.08 $90,976.90 -23%
Summary
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PREPARED BY: Elena Gerli, City Attorney
REVIEWED/APPROVED BY: Greg Folsom, City Manager
AGENDA TRANSMITTAL
MEETING DATE: December 20, 2022
CITY AGENDA ITEM: Council Adopt ion of Resolution No. 2022-___: A Res olution of the City Council of the City of Suisun City Adopting Procedures Relating to the Filling of a Vacancy on the City Council
FISCAL IMPACT: None.
STRATEGIC PLAN: Provide Good Governance.
BACKGROUND: After the November 8, 2022, election, a current council member was elected to the office of the mayor. As such, that council mem ber vacated their seat when sworn in as the new mayor. The result is that there is a vacancy on the City Council, which must be filled. The vacated office will terminate at the end of 2024.
Suisun Municipal Code Section 2.04.040 and Government Code Section 36512 govern the process by which vacancies in the elected offices of city council members are filled. Specifically, Section 36512 provides that a city council shall, within 60 days of the date of vacancy (i.e., no later than February 3, 2023), fill such vacancy by appointment, or call a special election to fill the vacancy for the remainder of the vacated term. Section 36512 does not provide any specific guidance on the manner in which the City Council selects an individual to fill a vacancy.
Section 2.3, Filling of a Counc il Va cancy, of the Suisun City Co uncil Rules and Procedures, provides:
In the event of a vacancy of office or the death or resignation of any Council Member, the Mayor shall appoint a new Council Member, with the consent of the Council, within six ty (60) days after a vacancy or death or resignation bec omes effective in compliance with the California Elections Code, unless the Council, by resolution, decides to instead call a special election. In the event of appointment, the Mayor, with the consent of the Council, s hall determine by resolution the proc ess for appointment prior to the application process and in accordance with State law.
At the December 6, 202 2 City Council meeting , the Co uncil was presented with the following options for a process to fill the council seat:
1. Direct the City Attorney to return at a future council meeting wit h the appropriate resolution to call a special election.
2. Adopt a Resolution adopting an application pr ocedure to fill the Council seat.
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3. D irect the City Attorney to return at a future meeti ng with the appropriate documentation to appoint a specific candidate pursuant to Council direction.
4. Provide the City Attorney with other direction.
The Council deliberated and directed the City Atto rney to re turn at toda y’s meeting with a resolution to adopt an application process for the appointment, but with some key modifications from the draft provided at the December 6, 2022 meeting. The most significant modifications include:
• The entire Council will review and cons ider all proper ly submitted applications and will interview such applicants on January 10, 2023, at 6:30 p.m.
• After the interviews, the Council will deliberate and narrow the number of applicants to be considered for appoint ment at i ts regular meeting on January 17, 2023, to a maximum of seven.
• Any applicant who was a candidate for a seat on the Counci l in the November 8, 2022 election will be included in the number of applicants to be considered for appointment at the regular meetin g of the Counc il on January 17, 2023.
• The Council will meet at its regular meeting on January 17, 2023, to choose one of the seven candidates and appoint that candidate to the vacant seat.
STAFF REPORT: At the previous Council meeting on December 6, 2022, the Council directed the City Attorney ’s office to return at the n ext meeting with the appr opriate documentation to appoint a specific candidate pursuant to Council direction.
It should be noted that the Council must appoint someone no later than Febru ary 3, 2023, which is the date 60 days following the date the council seat was vacated (December 6, 2022).
Appointment of councilmember following an application and interview process.
The Council has chosen to accept applications and conduct interviews to fill th e vacancy. T he below-described process incorporates modifications pursuant to Council’s direction at the previous Council meeting. The attached resolution proposes the following timeline/procedures for selecting an individual to fill the vacant council seat:
1. Applications submittal period begins on December 21, 2022, at start of business, and will close on January 3, 2023, at 5:00 p.m. Early and late applications will not be accepted.
2. Applicants must be registered voters and residents of the City.
3. Ap plications m ust include the applicant’s full name, address, s tatement stating that applicant is a registered voter of the City, and a statement of qualifications.
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4. All applications are a public record pursuant to the California Public Records Act (and also subject to the same exemptions).
5. The Council will review and consider and all properly submitted applications and will interview such applicants on January 10, 2023 at 5:30 p.m. during a publicly noticed “town hall”-style public meeting.
6. After the interviews, the Council will deliberate and narrow the number of applicants to be considered for appointment at its regular meeting on January 17, 2023, to a maximum of seven.
7. Any applicant who was a candidate for a seat on the Counc il in the Nove mber 8, 2022 election will be included in the number of applicants to be considered for appointment at the regular meeting of the Council on January 17, 2023.
8. City residents who are registered voters of the City may submit questions to be read by the Council at the meeting. These questions must be submitted to the C ity Clerk’s Office by January 3, 2023 at 5:00 p.m.
9. At its regular me eting on January 17, 2023 (or at a later meeting of the Council ’s choosing), the Council will meet for the purpose of appointing an applicant to the Council.
The process will be as follows:
a. Discussion and deliberation of applicants remaining following the interview process by Mayor and Council.
b. The Mayor shall make the appointme nt subject to the ratif ication by the full Council.
c. Ratification of an appointment shall require three affirmative votes of the Council.
The Mayor may also vote and be counted.
10. The failur e to strictly adhere to these guidelines will not a ffect the legality and effectiveness of any appointment made.
11. These p rocedures and timelines will n o longer be effective upon an individual being appointed to fill the vacancy.
The appointed councilmember will hold office fo r the unexpired balance of the vacated seat ’s term, as the vacancy occurred in the second half of the former incumbent’s term.
STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ____: A Resolution of the City Council of the City of Suisun City adopting pro cedures relating to the filling of a vacancy on the City Council.
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ATTACHMENTS:
1. Resolution No. 2022-___ A Resolution of the City Council of the City of Suisun City adopting procedures relating to the filling of a vacancy on the City Council.
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUISUN CITY ADOPTING PROCEDURES RELATING TO THE
FILLING OF A VACANCY ON THE CITY COUNCIL
WHEREAS, the City of Suisun City (“City”) held a general municipal election on November 8, 2022, at which time a then -city council member was elected to the office of the Mayor.
WHEREAS, following certification of the results of the November 8, 2022, election and administration of oaths of office, the then -city council me mber was sworn in as the new Mayor, and therefore a vacancy occurred on the City Council.
WHEREAS, the City Council has not adopted any specific procedures for the selection of an individual to fill such a vacancy other than those requirements under the City’s municipal code and State law.
WHEREAS, on December 6, 2022, the City Council considered some options presented to them by the City Attorney and City Manager, heard public comment on the matter, and provided direction on the process they wish to adopt for the appointment of an individual to the vacant council seat.
WHEREAS, the City Council now desires to adopt such procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun City as follows:
Section 1. The recitals hereto are true and correct and by this reference incorporated herein.
Section 2. The City Council hereby adopts the selection procedures, schedule and application as attached in Exhibit “A” and incorporated herein by this reference for the filling of the vacancy on the City Council resulting from the general municipal election that occurred on November 8, 2022, provided that such procedures and schedules shall be guidelines only and failure to strictly adhere to such guidelines shall not affect the legality and effectiveness of any appointment made thereunder.
Section 3. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 4. This Resolution shall take effect and be in full force immediately after its adoption by the City Council, and shall expire upon the appointment of an individual to the vacant City Council seat.
.
Item 22
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Resolution No. 2022-__
Adopted
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PASSED AND ADOPTED at a Regular Meeting of the City Counci l of the City of Suisun City held on Tuesday the 20th day of December 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 20th day of December 2022.
Anita Skinner
City Clerk
Item 22
Attachment 1
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CITY OF SUISUN CITY
CITY COUNCIL VACANCY 2023
701 Civic Center Blvd., Suisun City, California 94585 | ADMINISTRATION (707) 421-7300 | www.SUISUN.com
REQUEST FOR CONSIDERATION FOR APPOINTMENT TO CITY COUNCIL VACANCY Please type or print clearly.
This application is to fill a vacancy on the Council in the City of Suisun City. Only voters registered in Suisun City who have submitted a complete application packet by the deadline will be considered for appointment.
When submitting please include: Application Statement of Qualifications Questionnaire
A COMPLETED AND SIGNED APPLICATION MUST BE FILED WITH THE CITY CLERK BY:
THURSDAY, JANUARY 3, 2023 at 5:00 PM
BECOMING A MEMBER OF THE CITY COUNCIL
Private Versus Public: Becoming a candidate for public office means that information about you will become a matter of public record immediately. With a few exceptions, this includes any and all documents submitted to the City during the course of the application period. As such, these documents must, by law, be available to th e public for inspection and/or copying. Redacted copies of submitted applicatio ns will be available on the City website.
Interview Process: Interviews will take place in a “Town Hall” format and are scheduled for a Special Council meeting to be held on January 10, 2023 at 5:30 p.m. Applicant attendance is required.
Term of Office: The term of this office will be from the day of appointment and will expire in December 2024.
City Council:
Suisun City operates under the Council/Manager form of governance in which the electorate chooses members of the City Council and the City Council hires the City Manager to implement City Council policy and run day-to- day affairs.
The Mayor and City Council are elected independently in non-partisan elections to serve four-year terms in office.
The Mayor Pro-Tem is appointed by the Mayor from among its members. Suisun City has no term limits.
Date Received
Name: Date:
Are you a registered voter? Yes No City Clerk will verify voter registration.
Are you a resident of Suisun City? Yes No
How long have you lived in Suisun City?
NOTE: This application is a public record and will be included with the applicable City Council materials, posted on the City’s website, and made available to the press and public. Personal data will be redacted.
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CITY OF SUISUN CITY
CITY COUNCIL VACANCY 2023
701 Civic Center Blvd., Suisun City, California 94585 | ADMINISTRATION (707) 421-7300 | www.SUISUN.com Duties:
• Attend all City Council meetings as an appointed member. • Attend all special meetings, work sessions and other meetings as scheduled. • Actively participate and serve on various outside agency liaisons, committees and commissions as assigned.
• Council Members are required, by law, to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests.
Meetings: The City Council holds regular meetings on the 1st and 3rd Tuesdays of the month in the City Council Chamber in City Hall at 701 Civic Center Blvd, Suisun City, California. If necessary to conduct City business, a regular meeting may be scheduled for any Tuesday.
More information can be found on the Suisun City website:
https://www.suisun.com/government/city-council/
Civic service is both a privilege and responsibility of every American citizen . The value and importance of engagement by Suisun City residents cannot be measured. Your interest in serving on the City Council of the City of Suisun City is greatly appreciated.
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CITY OF SUISUN CITY
CITY COUNCIL VACANCY 2023
701 Civic Center Blvd., Suisun City, California 94585 | ADMINISTRATION (707) 421-7300 | www.SUISUN.com
APPLICATION
Please type or print clearly.
PERSONAL DATA
Name:
Address: City: State: Zip:
Home Phone: Cell Phone:
Email Address:
EMPLOYMENT DATA
Employer:
City: Industry: Dates:
Employer:
City: Industry: Dates:
EDUCATION DATA
College/Universities Attended (Name/Location) Major Degree Year
Completed
Licenses or Special Certificates Held:
EDUCATION DATA
Prior or Current Civic Experience (Include Membership in Professional, charitable, or community organizations)
Office Held
(if any)
Dates of
Service/Membership
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CITY OF SUISUN CITY
CITY COUNCIL VACANCY 2023
701 Civic Center Blvd., Suisun City, California 94585 | ADMINISTRATION (707) 421-7300 | www.SUISUN.com
STATEMENT OF QUALIFICATIONS
Attach a separate sheet of paper to this statement with your responses.
Instructions to the Applicant:
• This statement may include your name, age, occupation, and a brief description of your education and qualifications
• Prepare statement according to the following guidelines:
o Statements are limited to no more than 200 words (See attached Word Count Guidelines) o Statements must be in PARAGRAPH BLOCK FORM.
o Statements must be in UPPER and LOWER CASE.
o You are limited to a recitation of your own personal background and qualifications and shall not in any way make reference to another person’s qualifications, character, or activities. • Statements which do not conform to the above guidelines may be rejected by the Mayor. • Check carefully for errors in spelling, punctuation, and grammar before filing. • After the statement has been filed, it will be distributed exactly as submitted.
My Name is:__________________________________________________ My Age is (optional):_________
My Occupation is:______________________________________________
Statement and word count begin below:
I have reviewed the above statement, I understand no corrections or changes are allowed after it has been filed, and it will be printed as filed with the City Clerk. I hereby certify that the statement submitted is true and correct to the best of my knowledge and belief.
Applicant’s Signature Date
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CITY OF SUISUN CITY
CITY COUNCIL VACANCY 2023
701 Civic Center Blvd., Suisun City, California 94585 | ADMINISTRATION (707) 421-7300 | www.SUISUN.com
QUESTIONNAIRE FOR CITY COUNCIL APPOINTMENT
PLEASE ANSWER THE FOLLOWING QUESTIONS.
Attach a separate sheet of paper to this questionnaire with your responses.
1. What are your top 3 priorities for Suisun City? Why do you think these are most important?
2. What are the key issues you see facing our community? Why do you think these are the key issues and what might be the solutions?
3. What is your vision for Suisun City and how would you like the City to look in 10 years?
4. Please describe how your qualifications, education, and/or work experience/training would be relevant in your role as a Councilmember.
5. What has your previous involvement with the City of Suisun City been? Please include any service organizations or community engagement specific to Suisun City you have participated in and what your role was.
6. The City Council regularly meets on the 1st and 3rd Tuesdays of each month at 7:00 p.m. and periodically has additional special meetings and study sessions. Councilmembers also serve on a number of subcommittees, commissions, and outside agency boards. Please describe any time constraints or limitations/obligations that might limit your availability for regular meetings, special meetings, or community events.
7. Are you aware of the time commitment and the responsibilities associated with serving as a Councilmember and are you prepared to serve without reservation? Yes / No
I hereby certify that all statements made in this application are true and complete. I legally reside in the City of Suisun City. I am 18 years of age or older. In compliance with State law, I understand that I will be required to file a Statement of Economic Interests upon appointment to office and annually thereafter. I understand that my application and materials will be considered a public record and thus will be available for public inspection and copying.
Applicant’s Signature Date
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