Agenda, first session — Fairfield City Council, January 18, 2022 (part 3 of 3)

WHEREAS, pursuant to Fairfield Municipal Code Sections 10E.8, 10E.9, and 10E.21, owners and prospective employees of each commercial cannabis business are required to undergo a mandatory background check; and

WHEREAS, the Application Procedures additionally require each successful applicant/owner to submit to the Live Scan fingerprinting process prior to permit issuance, and that the Live Scan be conducted by the City of Fairfield Police Department; and

WHEREAS, Section 5.3 of the Conditions of Approval adopted for each of the successful applicants in Resolutions No. 2021-139, No. 2021-140, No. 2021-141, No. 2021-142, and No. 2021-143 also provides that each owner must submit to a Live Scan prior to permit issuance, and that the Live Scan will be conducted by the City of Fairfield Police Department ; and

WHEREAS, the City has been informed that its application to conduct the Live Scan fingerprintin g process is unlikely to be approved for several months; and

WHEREAS, the State completes Live Scan fingerprinting for each person who qualifies as an “owner” of a commercial cannabis business, as defined in 4 Cal. Code Regs. 15003, as part of the application process for a State cannabis license; and

WHEREAS, pursuant to Fairfield Municipal Code Section 10E.9(j), no permittee may begin operations until they have received a State license; and

WHEREAS, the City Council desires to modify the Application Pr ocedures and Conditions of Approval to remove the statement that the City’s Police Department must conduct the Live Scan fingerprinting process.

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

Section 1. The “Background Check Section” of the Application Procedures is hereby revised to read as follows:

BACKGROUND CHECK
Each Owner, as defined in FMC Section 10E.5(n), must undergo a background check to demonstrate that they do not provide “good cause” for denial of a permit per FMC Section 10E.7 and 10E.9. Owners who do not meet the criminal history eligibility requirements of Section 10E.9 will be disqualified. Background check information can be found online at www.fairfield.ca.gov/government/city-departments/city-manager-s-office/cannabis .

Proof of submission of a background check request (applicants will receive an email verification) must be included with the CCB Application.

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The owner, as defined in 4 Cal. Code Regs. 145003 of each CCB selected for a permit by the City Council must submit to a Live Scan prior to permit issuance in order to complete the background check process.

In addition, before the date of hire or within 30 calendar days of issuance of a CCB permit, whichever is later, each permittee must identify each prospective employee and submit the required information for the purpose of conducting mandatory background checks in compliance with FMC Section 10E.21.”

Section 2. Section 5.3 in each of the Conditions of Approval adopted by the City Council in Resolutions No. 2021-139, No. 2021-140, No. 2021-141, No. 2021-142, and No. 2021-143, is hereby modified to read as follows:

“5.3 All owners shall submit to a Live Scan in order to complete the background check process and ensure compliance with State law and FMC Chapter 10E. The Live Scan process must be completed prior to issuance of the commercial cannabis business permit.”

Section 3. The city manager or their designee is hereby authorized to do all things necessary and proper to carry out this resolution.

PASSED AND ADOPTED this 18th day of January, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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Agenda Item No: 20.

AGENDA REPORT
DATE:January 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:First Reading and Introduction of Ordinance 202201 of the City Council of the City of Fairfield Amending Section 25.32.17 of Chapter 25, Division 3 of the Fairfield Municipal Code to Impose Increased Administrative Penalties for Unlawful Cannabis Cultivation
RECOMMENDED ACTION
Waive full reading, read by title only and introduce ordinance for first reading.

STATEMENT OF ISSUE
Currently, enforcement action against persons or entities who violate the cannabis regulations set forth in section 25.32.17 of the FMC is limited to issuing administrative citations based on the administrative fine schedule established by resolution of the City Council, as well as the city attorney having the authority to bring a civil action for injunctive relief and civil penalties.

To encourage compliance with the FMC against persons and entities who cultivate cannabis plants in excess of the six (6) plants allowed by State law, City staff seek to amend the penalty for violations of FMC section 25.32.17 to allow for the imposition of a $500 penalty per plant, per day, for each plant in excess of the six (6) lawful plants. In addition, the same penalty will be imposed for any violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements that exists as a result of illegal cannabis cultivation.

DISCUSSION
Previously, Code Enforcement issued notice letters to alleged cultivators of marijuana. If upon inspection, marijuana was found to be cultivated in violation of City ordinances, an administrative penalty was issued for the violation and a correction period was provided. More than 90% of the cases did not result in the imposition of an administrative penalty because the marijuana was moved as a result of the notice letter before the correction period had lapsed. For the last several years, increased criminal enforcement efforts, led by the Narcotics/Special Operations Team of the Fairfield Police Department, resulted in law enforcement destroying plants and Code Enforcement addressing housing conditions resulting from conversion of residential structures into marijuana grow sites. In the past two years, there has been a significant increase in the number of grow house complaints from citizens throughout the City. In fact, grow house complaints now constitute the majority of complaints received by Packet Page 294 of 316

Currently, the Narcotics/Special Operations Team is tasked with locating and identifying indoor/outdoor marijuana grows within the City. After receiving a complaint of a potential grow operation, extensive personnel hours are spent to investigate the complaint, including surveilling and researching the property to support an application for a search warrant from the Superior Court. Once a search warrant is obtained and served, additional hours are spent to fully investigate the grow site with the ultimate goal to forward a complete case to the District Attorney’s Office for prosecution. Pursuant to Police Department policy, when on scene to serve a search warrant, the Narcotics/Special Operations Team will collect 10 pounds of cannabis plants and additional samples. The remaining plants in excess of the permissible amount are then cut at the bottom of the stems and left on scene, resulting in their destruction. It is not uncommon to destroy hundreds of marijuana plants at each marijuana grow site.

City Staff’s position is that the current ordinances do not provide the enforcement tools necessary to curtail the excessive number of illegal grows within the City. Staff recommends continuing the current method of enforcement through destruction, but instituting the use of administrative penalties after amending FMC Section 25.32.17 to increase penalties and thereby strengthen the ability to encourage compliance.

Currently, the City is only able to impose administrative penalties according to the City’s fine schedule ($200 for the 1st offense; $500 for the 2nd offense; and $1,000 for the 3rd and all subsequent offenses thereafter), whether the grow consists of 20 plants or thousands of plants. The low risk of penalty fines in the City makes illegally growing marijuana a lucrative business. Staff proposes going to a perplant penalty versus pergrow penalty to exponentially increase the financial liability of conducting this business illegally in the City.

Additionally, Government Code section 53069.4 requires that a local agency must provide for a reasonable period of time for the remedy of the violation prior to the imposition of administrative penalties if certain conditions are met. Accordingly City Staff recommend that a property owner shall be permitted fifteen (15) calendar days to correct violations of Section 25.32.17 if the following conditions are met: (1) The property where the cultivation is occurring is being rented or leased and a tenant is in possession; (2) The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; and (3) The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation. The goal of this provision is to promote fairness for property owners who are unaware of their tenants’ illegal cannabis cultivation, which should limit the number of appeals filed with the City.

A number of other California cities and counties have enacted similar laws, including the City of Sacramento, City of Redding, Stanislaus County, Sacramento County, and Lake County. It should be noted that these other government entities have reportedly faced increased costs and staff time to hold appeal hearings as a result of these administrative citations. For example, the City of Sacramento had to hire four additional attorneys solely to handle appeal cases for administrative citations. However, the 15day correction period noted above should help address this issue, as unknowing landlords will have a reasonable opportunity to correct the violations before any penalty is imposed. Further, the expected increase in administrative penalty revenue should far exceed the costs to cover administrative appeals.

PROPOSED CODE SECTION AMENDMENT
Currently, Chapter 25, Division 3, Section 25.32.17 of the FMC (“Section 25.32.17”) provides for the following enforcement actions against any person or entity that violates Section 25.32.17. Section

25.32.17, subdivision (G) “Enforcement,” reads:

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25.32.17, subdivision (G) “Enforcement,” reads:

In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision of this Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.1, et seq., or section 11362.71, et seq. In the event of any conflict between the penalties set forth in the City Code and the penalties set forth in State law, the maximum penalties allowable under State law shall govern.

City Staff recommends that Section 25.32.17, subdivision (G), be amended as follows (changes are underlined):

In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision of this Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.1, et seq., or section 11362.71, et seq. In the event of any conflict between the penalties set forth in the City Code and the penalties set forth in State law, the maximum penalties allowable under State law shall govern.

2. Each and every violation of the provisions of this Section is hereby deemed unlawful, a public nuisance, and an immediate threat to public health, safety, and welfare. Pursuant to Government Code section 53069.4, subdivision (a)(1)(B), the immediate imposition of fines or penalties pursuant to this Section are to protect the public health, safety, and welfare against unlawful cannabis activity and other violations herein because they pertain to zoning, health, or safety provisions of the City Code.

3. Administrative penalties for violations of this chapter are governed by Chapter I, Article II, except for the following:
a. Anyone who cultivates an excess of six (6) cannabis plants on any parcel may be subject to an immediate imposition of an administrative penalty of $500.00 per plant, per day, for each plant in excess of the number of plants allowed herein.
b. A violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements that exists as a result of, or to facilitate, the illegal cultivation of cannabis may be subject to an immediate imposition of an administrative penalty of $500.00 per violation, per day.

4. Penalty imposition may be delayed and a property owner shall be permitted fifteen (15) calendar days to correct violations of this Section if all of the following conditions are met:
a. The property where the cultivation is occurring is being rented or leased and a tenant is in possession.
b. The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
c. The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation.

5. Any cannabis cultivation in violation of this Section is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions in Chapter 8, (commencing with Section 11469) relating to the seizure, forfeiture, and destruction of property.

FINANCIAL IMPACT
Staff expects this action may result in increased costs to the City, in order to handle administrative appeals. However, although appeals of penalties may increase, the costs borne by those appeals are minimal compared to the anticipated significant increases in revenues resulting from the increased Packet Page 296 of 316

Agenda Item No: 20.AGENDA REPORTDATE:January 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:First Reading and Introduction of Ordinance 202201 of the City Council of the City ofFairfield Amending Section 25.32.17 of Chapter 25, Division 3 of the FairfieldMunicipal Code to Impose Increased Administrative Penalties for Unlawful CannabisCultivationRECOMMENDED ACTIONWaive full reading, read by title only and introduce ordinance for first reading.STATEMENT OF ISSUECurrently, enforcement action against persons or entities who violate the cannabis regulations set forthin section 25.32.17 of the FMC is limited to issuing administrative citations based on the administrativefine schedule established by resolution of the City Council, as well as the city attorney having theauthority to bring a civil action for injunctive relief and civil penalties.To encourage compliance with the FMC against persons and entities who cultivate cannabis plants inexcess of the six (6) plants allowed by State law, City staff seek to amend the penalty for violations ofFMC section 25.32.17 to allow for the imposition of a $500 penalty per plant, per day, for each plant inexcess of the six (6) lawful plants. In addition, the same penalty will be imposed for any violation ofbuilding, plumbing, electrical, or other similar structural, health and safety, or zoning requirements thatexists as a result of illegal cannabis cultivation.DISCUSSIONPreviously, Code Enforcement issued notice letters to alleged cultivators of marijuana. If uponinspection, marijuana was found to be cultivated in violation of City ordinances, an administrativepenalty was issued for the violation and a correction period was provided. More than 90% of the casesdid not result in the imposition of an administrative penalty because the marijuana was moved as aresult of the notice letter before the correction period had lapsed. For the last several years, increasedcriminal enforcement efforts, led by the Narcotics/Special Operations Team of the Fairfield PoliceDepartment, resulted in law enforcement destroying plants and Code Enforcement addressing housingconditions resulting from conversion of residential structures into marijuana grow sites. In the past twoyears, there has been a significant increase in the number of grow house complaints from citizensthroughout the City. In fact, grow house complaints now constitute the majority of complaints received bythe Narcotics/Special Operations Team.Currently, the Narcotics/Special Operations Team is tasked with locating and identifying indoor/outdoormarijuana grows within the City. After receiving a complaint of a potential grow operation, extensivepersonnel hours are spent to investigate the complaint, including surveilling and researching theproperty to support an application for a search warrant from the Superior Court. Once a search warrantis obtained and served, additional hours are spent to fully investigate the grow site with the ultimate goalto forward a complete case to the District Attorney’s Office for prosecution. Pursuant to PoliceDepartment policy, when on scene to serve a search warrant, the Narcotics/Special Operations Teamwill collect 10 pounds of cannabis plants and additional samples. The remaining plants in excess of thepermissible amount are then cut at the bottom of the stems and left on scene, resulting in theirdestruction. It is not uncommon to destroy hundreds of marijuana plants at each marijuana grow site.City Staff’s position is that the current ordinances do not provide the enforcement tools necessary tocurtail the excessive number of illegal grows within the City. Staff recommends continuing the currentmethod of enforcement through destruction, but instituting the use of administrative penalties afteramending FMC Section 25.32.17 to increase penalties and thereby strengthen the ability to encouragecompliance.Currently, the City is only able to impose administrative penalties according to the City’s fine schedule($200 for the 1st offense; $500 for the 2nd offense; and $1,000 for the 3rd and all subsequent offensesthereafter), whether the grow consists of 20 plants or thousands of plants. The low risk of penalty finesin the City makes illegally growing marijuana a lucrative business. Staff proposes going to a perplantpenalty versus pergrow penalty to exponentially increase the financial liability of conducting thisbusiness illegally in the City. Additionally, Government Code section 53069.4 requires that a local agency must provide for areasonable period of time for the remedy of the violation prior to the imposition of administrativepenalties if certain conditions are met. Accordingly City Staff recommend that a property owner shall bepermitted fifteen (15) calendar days to correct violations of Section 25.32.17 if the following conditionsare met: (1) The property where the cultivation is occurring is being rented or leased and a tenant is inpossession; (2) The property owner or agent can provide evidence that the rental or lease agreementprohibits the cultivation of cannabis; and (3) The property owner or agent did not know the tenant wasillegally cultivating cannabis and no complaint, property inspection, or other information provided theproperty owner or agent with actual notice of the illegal cannabis cultivation. The goal of this provisionis to promote fairness for property owners who are unaware of their tenants’ illegal cannabis cultivation,which should limit the number of appeals filed with the City. A number of other California cities and counties have enacted similar laws, including the City ofSacramento, City of Redding, Stanislaus County, Sacramento County, and Lake County. It should benoted that these other government entities have reportedly faced increased costs and staff time to holdappeal hearings as a result of these administrative citations. For example, the City of Sacramento hadto hire four additional attorneys solely to handle appeal cases for administrative citations. However, the15day correction period noted above should help address this issue, as unknowing landlords will havea reasonable opportunity to correct the violations before any penalty is imposed. Further, the expectedincrease in administrative penalty revenue should far exceed the costs to cover administrative appeals.PROPOSED CODE SECTION AMENDMENTCurrently, Chapter 25, Division 3, Section 25.32.17 of the FMC (“Section 25.32.17”) provides for thefollowing enforcement actions against any person or entity that violates Section 25.32.17. Section25.32.17, subdivision (G) “Enforcement,” reads: In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bring acivil action for injunctive relief and civil penalties against any person or entity that violates this Section. Inany civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonableattorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision of this Sectionauthorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and SafetyCode section 11362.1, et seq., or section 11362.71, et seq. In the event of any conflict between thepenalties set forth in the City Code and the penalties set forth in State law, the maximum penaltiesallowable under State law shall govern.City Staff recommends that Section 25.32.17, subdivision (G), be amended as follows (changes areunderlined): 1. In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bringa civil action for injunctive relief and civil penalties against any person or entity that violates this Section.In any civil action brought pursuant to this Section, a court of competent jurisdiction may awardreasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision ofthis Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited byHealth and Safety Code section 11362.1, et seq., or section 11362.71, et seq. In the event of anyconflict between the penalties set forth in the City Code and the penalties set forth in State law, themaximum penalties allowable under State law shall govern.2. Each and every violation of the provisions of this Section is hereby deemed unlawful, a publicnuisance, and an immediate threat to public health, safety, and welfare. Pursuant to Government Codesection 53069.4, subdivision (a)(1)(B), the immediate imposition of fines or penalties pursuant to thisSection are to protect the public health, safety, and welfare against unlawful cannabis activity and otherviolations herein because they pertain to zoning, health, or safety provisions of the City Code.3. Administrative penalties for violations of this chapter are governed by Chapter I, Article II, except forthe following:a. Anyone who cultivates an excess of six (6) cannabis plants on any parcel may be subject to animmediate imposition of an administrative penalty of $500.00 per plant, per day, for each plant inexcess of the number of plants allowed herein.b. A violation of building, plumbing, electrical, or other similar structural, health and safety, or zoningrequirements that exists as a result of, or to facilitate, the illegal cultivation of cannabis may be subjectto an immediate imposition of an administrative penalty of $500.00 per violation, per day.4. Penalty imposition may be delayed and a property owner shall be permitted fifteen (15) calendardays to correct violations of this Section if all of the following conditions are met:a. The property where the cultivation is occurring is being rented or leased and a tenant is inpossession.b. The property owner or agent can provide evidence that the rental or lease agreement prohibitsthe cultivation of cannabis.c. The property owner or agent did not know the tenant was illegally cultivating cannabis and nocomplaint, property inspection, or other information provided the property owner or agent with actualnotice of the illegal cannabis cultivation.5. Any cannabis cultivation in violation of this Section is also subject to the California Uniform ControlledSubstances Act (Division 10 of the California Health and Safety Code), including the provisions inChapter 8, (commencing with Section 11469) relating to the seizure, forfeiture, and destruction ofproperty.FINANCIAL IMPACT Staff expects this action may result in increased costs to the City, in order to handle administrative appeals. However, although appeals of penalties may increase, the costs borne by those appeals are minimal compared to the anticipated significant increases in revenues resulting from the increased administrative penalties. This action is expected to yield a significant increase in administrative penalty revenue overall.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council may choose to not adopt the attached ordinance, in which case Section 25.32.17 will remain unchanged.

STAFF CONTACT
Frank Piro, Sergeant, Special Operations Team (Narcotics) (707) 4287344
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 1/5/2022 9:11 AM
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CITY OF FAIRFIELD

ORDINANCE NO. 2022-01

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 25.32.17 “CANNABIS REGULATIONS” RELATING TO THE IMPOSITION OF INCREASED ADMINISTRATIVE

PENALTIES FOR UNLAWFUL CANNABIS CULTIVATION

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Purpose. The City Council finds as follows:

(a) Fairfield Municipal Code Section 25.32.17 currently regulates the cultivation of cannabis in a private residence. The City wishes to amend Fairfield Municipal Code Section

25.32.17 to impose an administrative penalty for indoor cultivation of cannabis in violation of Municipal Code Section 25.32.17. A violation of this regulation is subject to increased administrative penalties in recognition of the high value of cannabis plants, which can be several thousands of dollars each, and the desired punitive effect required to deter future violations.

(b) The regulations in this chapter do not interfere with any person’s right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession of cannabis. It is neither the intent nor the effect of this chapter to condone or legitimize the illegal use, consumption, or cultivation of cannabis under federal, state, or local law.

(c) Indoor cultivation of marijuana, often unattended, has potential to cause harm to persons and property in that the use of high wattage grow lights and excessive use of electricity increases the risk of fire which presents a distinct risk of harm to the bui lding and its occupants.

Buildings where marijuana is cultivated are often illegally wired and have overloaded electrical systems that result in fires. In 2021 alone, there were a number of reported incidents of indoor marijuana cultivation sites causing fires. On September 4, 2021 there was a fire in a Pittsburg residence caused by an indoor marijuana grow house. On July 27, 2021 a fire erupted in an apartment building in Tulare caused by an illegal electrical power connection used to power an indoor marijuana grow operation. On July 18, 2021, a home was destroyed by a fire caused by an indoor marijuana grow operation. On June 15, 2021 a fire broke out in an Antioch home due to indoor marijuana cultivation. On April 22, 2021, there was a fire in an unoccupied home near Cotati that was caused by the indoor cultivation of marijuana. On April 3, 2021, a fire erupted in a commercial building in the South Los Angeles area caused by an indoor marijuana cultivation operation.

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(d) The unregulated cultivation of a large number of cannabis plants on any property substantially increases the risk of violent criminal activity. As marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable beyond property boundaries. Aside from being offensive, this odor can have the effect of encouraging theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery of the plants and creating the potential for violent acts related to such criminal activity. Crimes such as home invasion, robbery, burglary, assault, and homicide occur substantially more frequently on and around properties where cannabis is illegally grown.

(e) The immediate imposition of daily fines per plant at an illegal cannabis cultivation site is necessary because such activity poses unique and immediate risks to public health and safety and to the natural environment. Unlawful cannabis cultivation is also potentially lucrative enough to incentivize unlawful activity at cannabis cultivation sites for as long as possible pending harvest. Cannabis cultivation also creates increased nuisance impacts to neighboring properties because the hazardous wastes and solvents used in illegal cultivation, and strong, malodorous, and potentially noxious odors which come from the plants compromise the health and safety of nearby residents.

(f) Based on the foregoing, the City Council finds that in order to more fully protec t the public health, safety and welfare, regulation of cannabis cultivation through the imposition of administrative penalties is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, noxious smells and indoo r electrical fire hazards that may result from such activities.

SECTION 2. Fairfield Municipal Code Section 25.32.17 “Cannabis Regulations” is hereby amended to read as follows:

“25.32.17 Cannabis Regulations.

G. Enforcement.

1. In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision of this Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.1, et seq., or section Packet Page 299 of 316Attachment 1 Page 2 of 4

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11362.71, et seq. In the event of any conflict between the penalties set forth in the City Code and the penalties set forth in State law, the maximum penalties allowable under State law shall govern.

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SECTION 3. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 18th day of January, 2022, and

PASSED AND ADOPTED this ___ day of _________________, 2022, by the following vote:

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

_________________________

CITY CLERK
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Agenda Item No: 21.

AGENDA REPORT
DATE:January 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202215 of the City Council of Fairfield Approving the Interim City Manager Employment Agreement Between the City of Fairfield and David Gassaway and Amending the Salary Schedule
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City Council directed the City Attorney's Office and the human resources director to negotiate a contract with Acting City Manager David Gassaway for the position of interim city manager. The City Attorney's Office has drafted an employment agreement (Agreement) incorporating the terms indicated by the council and has negotiated with Mr. Gassaway in consultation with the human resources director.

The Agreement is presented for council consideration.

DISCUSSION
On November 24, 2021, the council and City Manager Stefan Chatwin mutually agreed to part ways. On that same evening, Mr. Gassaway was asked and agreed to step into the role of acting city manager.

On December 21, 2021, the council directed the City Attorney's Office to negotiate a formal employment agreement with Mr. Gassaway to formalize his role as interim city manager for a period of six months, beginning on January 1, 2022.

The negotiations with Mr. Gassaway resulted in an agreement consistent with the council's directions. The accompanying resolution and employment agreement will appoint David Gassaway as the interim city manager retroactive to January 1, 2022.

The Agreement contains the following terms:

Mr. Gassaway will assume the duties of interim city manager immediately upon adoption of this resolution and employment agreement. His salary will be retroactive to December 31, 2021.

The term of Mr. Gassaway's employment as interim city manager will run until June 30, 2022, but may be extended in sixmonth increments upon written agreement by both parties.

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The term of Mr. Gassaway's employment as interim city manager will run until June 30, 2022, but may be extended in sixmonth increments upon written agreement by both parties.

On or about April 5, 2022, both parties agree to conduct an evaluation of Mr. Gassaway's performance.

At that time, the council may, in its sole discretion, make Mr. Gassaway's position as city manager permanent and negotiate a permanent contract for him.

Alternatively, the council may keep Mr. Gassaway as interim city manager or open a formal recruitment process for a city manager.

At any time, the council may terminate this Agreement with the affirmative vote of four (4) councilmembers. The 30day notice provision and restriction of removing a city manager within 90days of an election in Fairfield Municipal Code sections 2.7 and 2.8 are expressly waived by both parties.

If the council terminates this agreement without cause, Mr. Gassaway will have a "right of return" to his position as the assistant city manager at the same salary and benefits he enjoyed prior to becoming interim city manager.

The salary for Mr. Gassaway as interim city manager shall be the same as it was for Mr. Chatwin $270,504 (Twohundred and seventy thousand, five hundred and four dollars). Salary and benefits shall be retroactive to December 31, 2021.

FINANCIAL IMPACT
The city manager position is funded by the General Fund. Because Mr. Gassaway will be paid the same salary as Mr. Chatwin (including benefits and fringe benefits), there is no additional cost to the City.

Additionally, because Mr. Gassaway's salary as Assistant City Manager will not be filled immediately, the City will see a shortterm gain in financial impact until the assistant city manager position is filled.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Because this is a personnel matter, negotiations with Mr. Gassaway were confidential, but his final employment contract is public.

ALTERNATIVE ACTION
If the council chooses not to adopt the resolution and employment agreement for Mr. Gassaway, it could:

1. Continue to negotiate alternative terms with Mr. Gassaway.

2. Leave Mr. Gassaway in his role as acting city manager.

3. Choose to recruit another person as interim or permanent city manager by starting a new recruitment effort.

STAFF CONTACT
David Lim, Acting City Attorney
(707) 4287417
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Human Resources Department ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
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Agenda Item No: 21.AGENDA REPORTDATE:January 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202215 of the City Council of Fairfield Approving the Interim City ManagerEmployment Agreement Between the City of Fairfield and David Gassaway andAmending the Salary ScheduleRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City Council directed the City Attorney's Office and the human resources director to negotiate acontract with Acting City Manager David Gassaway for the position of interim city manager. The CityAttorney's Office has drafted an employment agreement (Agreement) incorporating the terms indicatedby the council and has negotiated with Mr. Gassaway in consultation with the human resources director.The Agreement is presented for council consideration. DISCUSSIONOn November 24, 2021, the council and City Manager Stefan Chatwin mutually agreed to part ways. Onthat same evening, Mr. Gassaway was asked and agreed to step into the role of acting city manager.On December 21, 2021, the council directed the City Attorney's Office to negotiate a formalemployment agreement with Mr. Gassaway to formalize his role as interim city manager for a period ofsix months, beginning on January 1, 2022. The negotiations with Mr. Gassaway resulted in an agreement consistent with the council'sdirections. The accompanying resolution and employment agreement will appoint David Gassaway asthe interim city manager retroactive to January 1, 2022. The Agreement contains the following terms: Mr. Gassaway will assume the duties of interim city manager immediately upon adoption of thisresolution and employment agreement. His salary will be retroactive to December 31, 2021. The term of Mr. Gassaway's employment as interim city manager will run until June 30, 2022, butmay be extended in sixmonth increments upon written agreement by both parties.On or about April 5, 2022, both parties agree to conduct an evaluation of Mr. Gassaway's performance.At that time, the council may, in its sole discretion, make Mr. Gassaway's position as city managerpermanent and negotiate a permanent contract for him. Alternatively, the council may keep Mr. Gassaway as interim city manager or open a formalrecruitment process for a city manager. At any time, the council may terminate this Agreement with the affirmative vote of four (4)councilmembers. The 30day notice provision and restriction of removing a city manager within90days of an election in Fairfield Municipal Code sections 2.7 and 2.8 are expressly waived byboth parties.If the council terminates this agreement without cause, Mr. Gassaway will have a "right of return" tohis position as the assistant city manager at the same salary and benefits he enjoyed prior tobecoming interim city manager. The salary for Mr. Gassaway as interim city manager shall be the same as it was for Mr. Chatwin $270,504 (Twohundred and seventy thousand, five hundred and four dollars). Salary andbenefits shall be retroactive to December 31, 2021. FINANCIAL IMPACTThe city manager position is funded by the General Fund. Because Mr. Gassaway will be paid the samesalary as Mr. Chatwin (including benefits and fringe benefits), there is no additional cost to the City.Additionally, because Mr. Gassaway's salary as Assistant City Manager will not be filled immediately,the City will see a shortterm gain in financial impact until the assistant city manager position is filled. PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONBecause this is a personnel matter, negotiations with Mr. Gassaway were confidential, but his finalemployment contract is public.ALTERNATIVE ACTIONIf the council chooses not to adopt the resolution and employment agreement for Mr. Gassaway, it could:1. Continue to negotiate alternative terms with Mr. Gassaway.2. Leave Mr. Gassaway in his role as acting city manager.3. Choose to recruit another person as interim or permanent city manager by starting a newrecruitment effort. STAFF CONTACTDavid Lim, Acting City Attorney(707) 428[email protected] WITHCity Attorney's Office, City Manager's Office, Human Resources DepartmentATTACHMENTS:DescriptionProposed ResolutionProposed Agreement REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 1/12/2022 11:34 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-15

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE INTERIM CITY

MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND DAVID

GASSAWAY AND AMENDING THE SALARY SCHEDULE

WHEREAS, the City Council desires to appoint David Gassaway as interim city manager;

WHEREAS, David Gassaway desires to accept appointment as interim city manager;

WHEREAS, the City and David Gassaway desire to enter into an employment agreement that sets forth the rights and obligations of the parties.

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

Section 1. The City Council hereby appoints David Gassaway as interim city manager, effective January 18, 2022.

Section 2. The City Council approves the Interim City Manager Employment Agreement between the City of Fairfield and David Gassaway attached to and incorporated into this resolution by reference and amends the salary schedule with the approved salary for city manager of $270,504 (two-hundred and seventy thousand, five-hundred and four dollars).

PASSED AND ADOPTED this 18th day of January, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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INTERIM CITY MANAGER EMPLOYMENT AGREEMENT

WHEREAS, prior to the Effective Date, David Gassaway was employed by the City of Fairfield as Assistant City Manager and Acting City Manager; and

WHEREAS, the City Council desires to employ Mr. Gassaway to act as Interim City Manager and perform the duties of City Manager as defined in Chapter 2, Article II of the Fairfield Municipal Code; and

WHEREAS, Mr. Gassaway agrees to perform the duties of Interim City Manager under the terms and conditions of this agreement; and

WHEREAS, it is the desire of the City and Mr. Gassaway to enter into an Employment Agreement concerning compensation, benefits, terms and conditions of his employment as the Interim City Manager as further set forth in this Agreement.

1. Employment:

This Interim City Manager Employment Agreement (“Agreement”) is entered into by and between the CITY OF FAIRFIELD (“City”) and David Gassaway (“Manager”), who may collectively be referred to as “parties” in this Agreement. Under this Agreement, the City offers, and Manager accepts, employment as Interim City Manager of the City.

2. Duties:

Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a general law city in California, and as specifically defined in Chapter 2, Article II of the Fairfield Municipal Code (“Municipal Code”). Except as otherwise provided in this Agreement, Manager shall be the City Manager of Fairfield as defined in Chapter 2, Article II of the Municipal Code.

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3. Devotion to City Business:

Manager’s position is full-time. Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his Interim City Manager duties, except as may be specifically authorized by the City Council.

4. Term:

Manager’s employment as Interim City Manager will commence January 18, 2022 (“Effective Date”), and shall continue until June 30, 2022, or a date of earlier termination in accordance with provisions in this Agreement. On or about April 5, 2022, City Council and Manager agree to conduct an evaluation in accordance with Section 7 of this Agreement.

The Parties may extend this Agreement in six months increments upon written agreement by the Manager and a majority of the City Council at a Regular or Special Meeting of the City Council.

5. City Council Commitments:

As defined in Section 2.11 of the Municipal Code, the City Council and its members shall interact with the administrative employees through the City Manager, except for the purpose of inquiry and neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager.

6. Termination of Employment and this Agreement; Right of Return:

A. If City terminates this Agreement (thereby terminating Manager’s employment as Interim City Manager) without Cause, as determined by the affirmative votes of four (4) members of the City Council at a Regular or Special Meeting of the City Council, Manager shall return to the performance of his duties as the Assistant City Manager earning the same salary and enjoying the same benefits he would have enjoyed, respectively, had he remained employed as the Assistant City Manager during the term Packet Page 307 of 316Attachment 2 Page 2 of 11

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of this Agreement. The City Council, in removing the Manager, shall use its uncontrolled discretion and its action shall be final.

B. For purposes of this Agreement, the provisions of Section 2.7 and Section

2.8 of the Fairfield Municipal Code are expressly waived by both parties.

C. If City terminates this Agreement (thereby terminating Manager’s employment) for Cause, as determined by the affirmative votes of four (4) members of the City Council at a Regular Meeting of the City Council, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms (“Accrued Salary and Benefits”). If terminated for Cause, Manager shall not be entitled to return to the performance of his duties as the Assistant City Manager at the discretion of the City Council. As used in this Agreement, Cause shall only mean any of the following:

1. Conviction of, or plea of guilty or nolo contendre to any crime or offense (other than infractions, minor traffic violations, code enforcement complaints, or similar offenses) which is likely to have a material adverse impact on the City or on the Manager’s reputation.

Any felony conviction shall be deemed to have a material adverse impact on the City or on the Manager’s reputation ;

2. Proven failure of the Manager to observe or perform any of his duties and obligations, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;

3. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4;

4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act-compliant meeting; and
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5. Any grossly negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly established rules or procedures.

D. If, during the Term or any extended Term, Manager dies, Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.

E. In the event Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate Manager’s employment and this Agreement; provided, however, Manager shall be entitled to provision of disability benefits as provided to Series 100 Executive Management employees as defined by the City of Fairfield (“Series 100 employees”).

F. Manager may resign from his employment as Interim City Manager at any time, upon giving forty-five (45) days written notice to the City Council and shall return to the performance of his duties as the Assistant City Manager earning the same salary and enjoying the same benefits he would have enjoyed, respectively, had he remained employed as the Assistant City Manager during the term of this Agreement. Upon agreement in writing by both the Manger and a majority of the City Council during a Regular or Special Meeting of the City Council, the forty-five (45) day notice period under this section may be shortened.

7. Compensation and Annual Evaluation:

A. Manager’s initial annual Base Salary shall be Two Hundred Seventy Thousand Five Hundred and Four Dollars ($270,504). Said amount shall be payable bi- weekly at the same time and in the same manner as other employees of the City are paid.

All Base Salary wages and benefits shall be made retroactive to the pay period commencing on December 31, 2021. Increases in Manager’s Base Salary may be effective at any time in the sole discretion of the City Council.

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B. City, by the City Council, and Manager may set mutually-agreed-upon objectives for the Term of this Agreement. The City Council shall evaluate Manager’s performance within four (4) months from commencement (the Evaluation). Following the completion of the Evaluation, the City Council may, in its sole discretion, grant Manager a permanent contract for the position of City Manager, the terms of which shall be negotiated by the Parties prior to commencement of any permanent contract for employment as City Manager.

C. Whenever a cost-of-living adjustment or other non-merit based salary increase is provided to other Series 100 employees, the City shall grant a similar increase to the City Manager’s Base Salary.

D. Manager’s Base Salary increases approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to this Agreement to be effective. Such increases may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution.

8. Deferred Compensation and Fringe Benefits:

As part of Manager’s annual compensation, City agrees to continue to provide Manager the same deferred compensation and fringe benefits provided to other Series 100 employees and currently enjoyed by employee in his role as Assistant City Manager.

9. Pension:

City agrees to continue enrollment of Manager as a member of the California Public Employees Retirement System (PERS) in the PERS plan selected by City in its sole discretion as a Classic Member as that term is defined by the City’s agreement with PERS.

10. Health and Medical Benefits Insurance:

City shall continue to provide Manager with the same health plans (medical, dental, and vision) which are provided to other Series 100 employees, and shall pay that portion Packet Page 310 of 316Attachment 2 Page 5 of 11

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of the employee and dependent rate or premium as is determined by the City Council for all Series 100 employees.

11. Life Insurance:

The City agrees to continue providing Manager term life insurance policy in the face amount provided to Manager in his role as Assistant City Manager by the standard carrier selected by the City. Manager shall designate the beneficia ries of the policy.

Manager shall also be entitled to participate in any group life or disability insurance programs approved by the City Council for all employees.

12. Physical Examination:

Each calendar year, City may request Manager undertake an executive physical examination, performed by a qualified physician or medical facility of Manager’s choice, with all expenses paid for by City.

13. Car Allowance:

Manager’s duties require him to be available and to respond to the demands of City business at all times and outside of regular business hours, including weekends. City shall pay Manager Five Hundred Dollars ($500.00) monthly in compensation for the use and maintenance of his personal vehicle on City business.

14. Equipment:

A. City shall provide Manager a cellular telephone.

B. City shall provide Manager a laptop computer for his use in conducting City business.

C. Both the City provided cellular telephone and laptop computer may be subject to incidental personal use by Manager so long as it d oes not interfere with the equipment’s primary business use.

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15. Business and Professional Expenses:

A. City recognizes that Manager may incur expenses of a non-personal, job- related nature that are reasonably necessary to Manager’s service to City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to City’s normal expense reimbursement procedures, or such other procedure as may be designated by the City Counci l. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.

B. City agrees to pay the professional dues and subscriptions on behalf of Manager which are necessary for Manager’s continuation or full participation in international, national, regional, state, or local associations and organizations necessary and desirable for Manager’s continued professional participation, growth and advancement, or for the good of the City, in an amount up to Three Thousand Five Hundred Dollars ($3,500.00) per year.

C. City agrees to pay Manager’s travel and subsistence expenses for official travel, meetings, and occasions reasonably necessary to continue Manager’s professional development, and for Manager’s reasonable participation in necessary official and other functions for the City; including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees on which Manager serves as a member. Notwithstanding the above, the number of conferences or meetings City will pay for each year, and attendance at out-of-state conferences and meetings, shall be at the discretion of the City Council as set forth in the City’s budget.

16. Vacation and Sick Leave:

Manager shall accrue vacation, personal, and sick leave at the rate provided to him under his role as Assistant City Manager and provide Manager all vacation leave benefits provided to Series 100 employees.

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17. Abuse of Office or Position:

If Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (a) if Manager is provided with administrative leave pay pending an investigation, Manager shall be required to fully reimburse City such amounts paid; (b) if City pays for the criminal legal defense of Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Manager shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Manager may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Manager. For purposes of this Section, “abuse of office or position” is defined in California Government Code Section 53243.4.

18. Jurisdiction and Enforcement of this Agreement:

Jurisdiction to enforce this Agreement shall be the Solano County Superior Court for State actions and the Eastern District of California for Federal actions. The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under its terms and conditions shall be entitled to payment of his/her/its reasonable attorneys’ fees and costs.

19. Indemnification:

Consistent with the California Government Code, City shall defend , hold harmless, and indemnify Manager using legal counsel of City’s choosing, against expense or legal liability for acts or omissions by Manager occurring within the course and scope of Manager’s employment under this Agreement. Legal representation, provided by City for City Manager, shall extend until a final determination of the issues including any and all losses, damages, judgments, interest, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys’ fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened. In the event there is a conflict of Packet Page 313 of 316Attachment 2 Page 8 of 11

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interest between City and Manager such that independent counsel is required for Manager, Manager may engage his/her own legal counsel, in which event City shall indemnify Manager, including direct payment of all such reasonable costs related thereto.

20. Notices:

Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/her/its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing.

CITY: City of Fairfield
Attention: Mayor
1000 Webster Street
Fairfield, CA 94533

MANAGER: David Gassaway
c/o City Managers Office
1000 Webster Street
Fairfield, CA 94533

21. Conflict With City Municipal Code:

Except as otherwise provided in this Agreement, the City’s personnel ordinances, resolutions, rules and policies shall apply to Manager in the same manner as applied to other management employees, provided, however, in the event of a conflict between the Packet Page 314 of 316Attachment 2 Page 9 of 11

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provisions of this Agreement and the City Municipal Code, this Agreement shall prevail over the Municipal Code.

The provisions of Section 2.7 and Section 2.8 of the Fairfield Municipal Code are expressly waived by both parties.

22. Entire Agreement:

This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of Manager by City, and contains all of the covenan ts and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.

23. Modifications:

Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto. Parties may sign this agreement in counterpart using electronic signatures, and each signed copy of the Agreement when combined together shall be deemed to be one complete Agreement.

24. Effect of Waiver:

The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

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25. Severability:

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

This Agreement is entered into this ______ day of January, 2022.

CITY OF FAIRFIELD, CA

By: _____________________________ ______________________________ Harry T. Price David Gassaway
Mayor of Fairfield Assistant/Acting City Manager

Attest:

________________________________
Karen Rees, City Clerk

Approved as to Form:

________________________________
David Lim, Acting City Attorney

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Fairfield City CouncilJanuary 18, 2022

Fairfield City Council
January 18, 2022