Cities Index.
Agenda packet

Suisun City City Council
May 2, 2023

Document
Agenda packet
Meeting
May 2, 2023
Body
Suisun City City Council
Pages
5
Original file
1.9 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Marlon L Osum, Member
Amit Pal, Member

CITY COUNCIL MEETING

A G E N D A

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY

TUESDAY, MAY
2, 2023
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

.

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:

CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 797)
(Next City Council Res. No. 2023 – 01)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 01) (Next Housing Authority Res. No. HA2023 – 01)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)

REPORTS (Informational items only.)
1 National Police Week/Peace Officers Memorial Day

Public Hearing and Other Proceedings Related to Annexation No. 15 to Community Facilities District No. 2 (Municipal Services), for the Lawler Mixed-Use Project.

Hold Public Hearing and approve all three (3) Resolutions associated with this item.

Public Hearing and Other Proceedings Related to Annexation No. 16 to Community Facilities District No. 2 (Municipal Services), for the Marina Village Apartments Project.

Hold Public Hearing and authorize Resolutions and waive first reading of Ordinance.

PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.

Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

COUNCIL COMMENTS

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

PUBLIC HEARING

GENERAL BUSINESS

REPORTS: (Informational items only)

ADJOURNMENT

Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas

The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.

Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you. 2 Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.

Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.

Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.

Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:

Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 3 WHEREAS, National Peace Officers Memorial Day (May 15th of each year) and National Police Week were established in 1962 by John F. Kennedy and a joint resolution of Congress to pay tribute to the local, State, and Federal law enforcement officers who serve and protect us with courage and dedication; and
WHEREAS, this year National Police Week will be recognized from May 14 th to May 20th, 2023; and
WHEREAS, the members of the Suisun City Police Department play an integral role in safeguarding the rights and freedoms of the residents and visitors to Suisun City; and WHEREAS, police officers throughout our community work tirelessly to protect and serve residents, enforce city laws, and continue to keep neighborhoods, schools, and families safe; and WHEREAS, it is important that all community members know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of the Suisun City Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and
WHEREAS, members of the Suisun City Police Department unceasingly provide a vital public service and responded to 25,343 calls for service during the year 2022; NOW, THEREFORE, I, Alma Hernandez, Mayor of the City of Suisun City, call upon all residents of Suisun City to observe the week of May 14-20, 2023, as:
“NATIONAL POLICE WEEK”
with appropriate observances and urge our citizens to join in commemorating the service of law enforcement officers, past and present, in our community and in communities across the nation.

I further call upon all residents of Suisun City to observe Monday, May 15, 2023, as:
“PEACE OFFICERS MEMORIAL DAY”
in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes.

In witness whereof I have hereunto set my
hand and caused this seal to be affixed.
_________________________________
Alma Hernandez, Mayor
ATTEST:

DATE: May 2, 2023
4 AGENDA TRANSMITTAL

MEETING DATE:

May
2, 2023

CITY AGENDA ITEM:

Public Hearing and Other Proceedings Related to Annexation No. 15 to Community Facilities District No. 2 (Municipal Services), for the Lawler Mixed-Use Project:

1. Council Adoption of

Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and

2. Council Adoption of

Resolution No. 2023-___:

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 Special 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 the General Fund from this item. Once annexed into CFD#2, Lawler Mixed-Use will begin to contribute funds towards Safety Services such as police and fire. The annexation of the Lawler Mixed-Use into
Community Facilities District No. 2 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. Community Facilities District #2 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance and Ensure Public Safety.

BACKGROUND:

As part of the Lawler Mixed-Use project 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 step in the annexation process, the Resolution of Intention was brought before Council and 5 approved at the March 21, 2023, Council Meeting.

STAFF REPORT:

The next steps in the legislative process for annexation of the Lawler Mixed-Use project into Community Facility District No. 2 include conducting the Public Hearing and the Hearing that are before you this evening. The final step involves the item coming back to Council as part of an Ordinance for Council’s approval at the May 16, 2023, Council Meeting.

STAFF RECOMMENDATION:

It is recommended that the City Council:

1. Adopt

Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and

2. Adopt

Resolution No. 2023-___:

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 Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

DOCUMENTS ATTACHED:

1. Council Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and

2. Council Resolution No. 2023-___:

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 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.
6 PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, P.E., Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
230502r_-_PH_-_Lawler_Mixed_Use_CFD_2__Annex_15_-_Reso_Calling_Election_attachment_1.docx 230502r - PH - Lawler Mixed Used CFD 2, Annex 15 - Reso Decl Results attachment 2.docx 230502o - PH - Lawler Mixed Use CFD 2, Annex 15 - attachment 3.docx 230502at - PH - Lawler Mixed Use CFD 2 Annexation #15 - Boundary Map attachment 4.pdf 230502pp - PH - Lawler Mixed Use Annexation #15 CFD#2 PowerPoint attachment 5.pptx 7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2023-

A RESOLUTION SUBMITTING ANNEXATION OF TERRITORY AND

LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS
Annexation No. 15 (Lawler Mixed-Use)
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 Services) (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 “Annexation 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 filed 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 April 10, 2023, in Book 0026 at Page 69 of Maps of Assessment and Community Facilities Districts as Document Number 202300014777, which map shows the Annexation Territory. 8 Resolution No. 2023-
Adopted May 2, 2023

Page 2 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 of 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 Intention 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 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, May 2, 2023, in in the City Hall, Council Chambers, 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 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. 9 Resolution No. 2023-
Adopted May 2, 2023

Page 3 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
* * * * * *
PASSED AND ADOPTEDat a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 2nd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 2nd day of May 2023.

Anita Skinner
City Clerk
10 Resolution No. 2023-
Adopted May 2, 2023

Page 4 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

EXHIBIT A

CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 15 (Lawler Mixed-Use)

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, May 2, 2023, 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 $33,550.56 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. 15
(Lawler Mixed Use) 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 May 2, 2023?
The effectiveness of this Ballot Measure
No. 1 is contingent upon the passage of
Ballot Measure No. 2.

YES:

NO:
11 Resolution No. 2023-
Adopted May 2, 2023

Page 5 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 March 21,
2023? The effectiveness of this Ballot
Measure No. 2 is contingent upon the
passage of Ballot Measure No. 1.

YES:

NO:

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(s).: 0173-670-390
0173-670-400
Acres: 2.80
Number of Votes: 3

SETARLEON LLC
By:

Name:

Its: ___________________________
12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2023-

A RESOLUTION DECLARING RESULTS OF SPECIAL ANNEXATION

ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,

AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL

TAX LIEN
Annexation No. 15 (Lawler Mixed-Use)
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 March 21, 2023.

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.
13 Resolution No. 2023-
Adopted May 2, 2023

Page 2 of 4 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 2nd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 2nd day of May 2023.

Anita Skinner
City Clerk
14 Resolution No. 2023-
Adopted May 2, 2023

Page 3 of 4 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

EXHIBIT A

CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 15 (Lawler Mixed-Use)

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. 15 (Lawler
Mixed Use) 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 May 2, 2023? 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
3 15
Resolution No. 2023-
Adopted May 2, 2023

Page 4 of 4 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 March 21, 2023? 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
3 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of _________, 2023.

CITY OF SUISUN CITY
By: __________________
Anita Skinner, CMC, City Clerk
16 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 ORDINANCE NO. 2023-

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
Annexation No. 15 (Lawler Mixed-Use)
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 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 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 17 Ordinance No. 2023-
Adopted May 16, 2023

Page 2 of 3 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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 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 hereof, 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. * * * * * *
18 Ordinance No. 2023-
Adopted May 16, 2023

Page 3 of 3 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
INTRODUCED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 2nd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 2nd day of May 2023.

Anita Skinner
City Clerk
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 16th day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 16th day of May 2023.

Anita Skinner
City Clerk
19 Annexation Map No. 15 of City of Suisun City
Community Facilities District No. 2 (Municipal Services) R E F E R E N C E I S H E R E B Y M A D E T O T H A T C E R T A I N M A P E N T I T L E D P R O P O S E D B O U N D A R I E S O F C I T Y O F S U I S U N C I T Y C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 ( M U N I C I P A L S E R V I C E S ) , C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A ,
F I L E D T H E 2 7 T H D A Y O F O C T O B E R , 2 0 0 5 , A T T H E H O U R O F I N B O O K 2 3 O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 6 0 , I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F T H E C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A , WH I C H T H I S A N N E X A T I O N M A P A F F E C T S . 1 . F I L E D I N T H E O F F I C E O F T H E C I T Y C L E R K O F T H E C I T Y O F S U I S U N C I T Y T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C I T Y C L E R K
2 . I H E R E B Y C E R T I F Y T H A T T H E WI T H I N M A P S H O WI N G P R O P O S E D B O U N D A R I E S O F A N N E X A T I O N N O . 1 5 T O C I T Y O F S U I S U N C I T Y C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 ( M U N I C I P A L S E R V I C E S ) , C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A , WA S A P P R O V E D B Y T H E C I T Y C O U N C I L O F T H E C I T Y O F S U I S U N C I T Y , A T A M E E T I N G T H E R E O F , H E L D O N T H E _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ , B Y I T S R E S O L U T I O N N O . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C I T Y C L E R K
3 . F I L E D T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ , A T T H E H O U R O F _ _ _ _ _ O ' C L O C K _ _ . M . , I N B O O K _ _ _ _ _ O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T S , A T P A G E _ _ _ _ _ I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R I N T H E C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C O U N T Y R E C O R D E R ,
C O U N T Y O F S O L A N O

COUNTY OF SOLANO

STATE OF CALIFORNIA
¬«12
Mc Coy Creek Wy
Anderson Dr
Ferguson Rd
Gray Hawk Ln
Snow Dr
Lawler Center Dr
Grizzly Island Rd
Honker Ln
Mc Coy Creek Cir
Anderson Dr
Sunset Av
0173-670-4000173-670-390
Sheet 1 of 1
Source: Solano County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California II FIPS 0402 Feet 12 Main St
Sunset Av
Walters Rd
CI T Y OF SU I SU N CI T YCI T Y OF SU I SU N CI T Y Legend
A n n e xa t i o n B o un d a r y
A n n e xa t i o n P a r c e ls
S ur r o un d i n g A r e a P a r c e ls O
0 1 0 0 2 0 05 0 F e e t
ATTACHMENT NO. 2
20 Community Facilities
District #2
ANNEXATION #15

LAWLER MIXED USE
Public Hearing
May 2, 2023
21 Community Facilities District #2 – City-Wide
Majority of revenue from District goes to Safety Services (Police & Fire) 22 Lawler Mixed Use Boundary Map
23 Staff Recommendations
It is recommended that the City Council adopt the following:
a. Adoption of Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
a. Adoption of Resolution No. 2023-___: 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.
24 Questions?

CONDUCT PUBLIC HEARING
25 AGENDA TRANSMITTAL

MEETING DATE:

May
2, 2023

CITY AGENDA ITEM:

Public Hearing and Other Proceedings Related to Annexation No. 16 to Community Facilities District No. 2 (Municipal Services), for the Marina Village Apartments Project:

1. Council Adoption of

Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and

2. Council Adoption of

Resolution No. 2023-___:

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 Special 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 the General Fund from this item. Once annexed into CFD#2, Marina Village Apartments will begin to contribute funds towards Safety Services such as police and fire. The
annexation of the Marina Village Apartments into
Community Facilities District
No. 2 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. Community Facilities District #2 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance and Ensure Public Safety.

BACKGROUND:

As part of the Marina Village Apartments project 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 step in the annexation process, the Resolution of Intention was brought before Council and approved at the March 21, 2023, Council Meeting.

26 STAFF REPORT:

The next steps in the legislative process for annexation of the Marina Village Apartments project into Community Facility District No. 2 include conducting the Public Hearing and the Hearing that are before you this evening. The final step involves the item coming back to Council as part of an Ordinance for Council’s approval at the May 16, 2023, meeting.

STAFF RECOMMENDATION:

It is recommended that the City Council:

1. Adopt

Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and

2. Adopt

Resolution No. 2023-___:

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 Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

DOCUMENTS ATTACHED:

1. Council Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and

2. Council Resolution No. 2023-___:

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 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.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, P.E., Public Works Director
APPROVED BY:

Greg Folsom, City Manager
27 ATTACHMENTS:
230502pp - PH - Marina Village Apts. Annexation #16 CFD#2 PowerPoint attachment 5.pptx 230502r - PH - Marina Village Apts. CFD 2, Annex 16 - Reso Calling Election attachment 1.docx 230502r - PH - Marina Village CFD 2, Annex 16 - Reso Decl Results attachment 2.docx 230502o - PH - Marina Village CFD 2, Annex 16 - Ordinance attachment 3.docx 230502at - PH - Marina Village Apts. CFD 2 Annexation #16 - Annexation Map attachment 4.pdf 230502pp - PH - Marina Village Apts. Annexation #16 CFD#2 PowerPoint attachment 5.pptx 28 Community Facilities
District #2
ANNEXATION #16

MARINA VILLAGE APARTMENTS
Public Hearing
May 2, 2023
29 Community Facilities District #2 – City-Wide
Majority of revenue from District goes to Safety Services (Police & Fire) 30 Marina Village Apts. Boundary Map
31 Staff Recommendations
It is recommended that the City Council adopt the following:
a. Adoption of Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
a. Adoption of Resolution No. 2023-___: 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.
32 Questions?

CONDUCT PUBLIC HEARING
33 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2023-

A RESOLUTION SUBMITTING ANNEXATION OF TERRITORY AND

LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS
Annexation No. 16 (Marina Village Apartments)
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 Services) (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 “Annexation 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 filed 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 April 7, 2023, in Book 0026 at Page 68 of Maps of Assessment and Community Facilities Districts as Document Number 202300014358, which map shows the Annexation Territory. 34 Resolution No. 2023-
Adopted May 2, 2023

Page 2 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 of 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 Intention 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 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, May 2, 2023, in in the City Hall, Council Chambers, 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 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. 35 Resolution No. 2023-
Adopted May 2, 2023

Page 3 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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 2nd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 2nd day of May 2023.

Anita Skinner
City Clerk
36 Resolution No. 2023-
Adopted May 2, 2023

Page 4 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

EXHIBIT A

CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 16 (Marina Village Apartments)

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, May 2, 2023, 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 $56,629.44 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. 16
(Marina Village Apartments) 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 May
2, 2023? The effectiveness of this Ballot
Measure No. 1 is contingent upon the
passage of Ballot Measure No. 2.

YES:

NO:
37 Resolution No. 2023-
Adopted May 2, 2023

Page 5 of 5 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 March 21,
2023? The effectiveness of this Ballot
Measure No. 2 is contingent upon the
passage of Ballot Measure No. 1.

YES:

NO:

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(s).: 0032-411-120
0032-411-130
0032-411-140
Acres: 5.11
Number of Votes: 6

MARINA VILLAGE SUISUN PTRS LP
By:

Name:

Its: ___________________________
38 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2023-

A RESOLUTION DECLARING RESULTS OF SPECIAL ANNEXATION

ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,

AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL

TAX LIEN
Annexation No. 16 (Marina Village Apartments)
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 March 21, 2023.

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.
39 Resolution No. 2023-
Adopted May 2, 2023

Page 2 of 4 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 2nd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 2nd day of May 2023.

Anita Skinner
City Clerk
40 Resolution No. 2023-
Adopted May 2, 2023

Page 3 of 4 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

EXHIBIT A

CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 16 (Marina Village Apartments)

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. 16 (Marina
Village Apartments) 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 May 2, 2023? 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
6 41
Resolution No. 2023-
Adopted May 2, 2023

Page 4 of 4 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 March 21, 2023? 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
6 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of _________, 2023.

CITY OF SUISUN CITY
By: __________________
Anita Skinner, CMC, City Clerk
42 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 ORDINANCE NO. 2023-

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
Annexation No. 16 (Marina Village Apartments)
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 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 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 43 Ordinance No. 2023-
Adopted May 16, 2023

Page 2 of 3 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 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 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 hereof, 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. * * * * * *
44 Ordinance No. 2023-
Adopted May 16, 2023

Page 3 of 3 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
INTRODUCED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 2nd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 2nd day of May 2023.

Anita Skinner
City Clerk
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 16th day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 16th day of May 2023.

Anita Skinner
City Clerk
45 Annexation Map No. 16 of City of Suisun City
Community Facilities District No. 2 (Municipal Services) R E F E R E N C E I S H E R E B Y M A D E T O T H A T C E R T A I N M A P E N T I T L E D P R O P O S E D B O U N D A R I E S O F C I T Y O F S U I S U N C I T Y C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 ( M U N I C I P A L S E R V I C E S ) , C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A ,
F I L E D T H E 2 7 T H D A Y O F O C T O B E R , 2 0 0 5 , A T T H E H O U R O F I N B O O K 2 3 O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 6 0 , I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F T H E C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A , WH I C H T H I S A N N E X A T I O N M A P A F F E C T S . 1 . F I L E D I N T H E O F F I C E O F T H E C I T Y C L E R K O F T H E C I T Y O F S U I S U N C I T Y T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C I T Y C L E R K
2 . I H E R E B Y C E R T I F Y T H A T T H E WI T H I N M A P S H O WI N G P R O P O S E D B O U N D A R I E S O F A N N E X A T I O N N O . 1 6 T O C I T Y O F S U I S U N C I T Y C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 ( M U N I C I P A L S E R V I C E S ) , C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A , WA S A P P R O V E D B Y T H E C I T Y C O U N C I L O F T H E C I T Y O F S U I S U N C I T Y , A T A M E E T I N G T H E R E O F , H E L D O N T H E _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ , B Y I T S R E S O L U T I O N N O . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C I T Y C L E R K
3 . F I L E D T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ , A T T H E H O U R O F _ _ _ _ _ O ' C L O C K _ _ . M . , I N B O O K _ _ _ _ _ O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T S , A T P A G E _ _ _ _ _ I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R I N T H E C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C O U N T Y R E C O R D E R ,
C O U N T Y O F S O L A N O

COUNTY OF SOLANO

STATE OF CALIFORNIA
¬«12
Marina Bl
0032-411-120
0032-411-130
0032-411-140
¬«12
Rio Verde
Marina Bl
Terry Ln
Buena Vista Av
Chipman Ln
Nadel Dr
Rambler Rose Ln
Coral Ln
Alexander Wy
Brookside Ct
Heritage Rose Ln
Montego Ct
Terry Ct
Rodondo Av
Sheet 1 of 1
Source: Solano County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California II FIPS 0402 Feet 12 Main St
Sunset Av
Walters Rd
CI T Y OF SU I SU N CI T YCI T Y OF SU I SU N CI T Y Legend
A n n e xa t i o n B o un d a r y
A n n e xa t i o n P a r c e ls
S ur r o un d i n g A r e a P a r c e ls O
0 1 0 0 2 0 05 0 F e e t
ATTACHMENT NO. 2
46 Community Facilities
District #2
ANNEXATION #16

MARINA VILLAGE APARTMENTS
Public Hearing
May 2, 2023
47 Community Facilities District #2 – City-Wide
Majority of revenue from District goes to Safety Services (Police & Fire) 48 Marina Village Apts. Boundary Map
49 Staff Recommendations
It is recommended that the City Council adopt the following:
a. Adoption of Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
a. Adoption of Resolution No. 2023-___: 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.
50 Questions?

CONDUCT PUBLIC HEARING
51

← All documents from this meeting