Agenda, first session — Fairfield City Council, February 1, 2022

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

Pursuant to AB 361 regarding public meetings held during the COVID19 emergency, councilmembers may attend via teleconference. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live .

The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/84183030545 ? pwd=Wlh0NktTbTl3c0RyeVp6T1ZQMkNuZz09 or by phone at (669) 9006833 Webinar ID:
841 8303 0545 Passcode: 7074287400
CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Sam Morris, BayNorth Church of Christ
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PRESENTATIONS

1.sKREAMZ Haunted House Presentation of Check to PAL and Recognition of Volunteers Contact:Heather Sanderson, (707) 2491379
a

2.Vanden High School Football Recognition
Contact:Karen L. Rees, (707) 4287767
a

3.Proclamation Declaring February as Black History Month Contact:Karen L. Rees, (707) 4287767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item, please complete a speaker's card and give it to the city clerk before the meeting, or at the latest, prior to the time for public comments on that item. When joining via Zoom, please use the “raise your hand” feature or press *9 on your phone to request to speak. Speakers are limited to three minutes per item.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

4.Heart of Fairfield Fourth Quarter 2021 Implementation Plan Update Recommended Action
Receive and file report.

Funding Source
N/A
Contact:Jonathan Luong, (707) 4287463
a

5.Second Reading and Adoption 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
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, FEBRUARY 1, 2022; 6:00 PMVIA TELECONFERENCE: https://fairfieldca.zoom.us/j/84183030545?pwd=Wlh0NktTbTl3c0RyeVp6T1ZQMkNuZz09 or by Phone:669 900 6833 Webinar ID: 841 8303 0545 Passcode:7074287400AGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact AmberAlexander, Deputy Clerk, at least 72 hours in advance of the meeting at (707)4287402.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live.The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/84183030545?pwd=Wlh0NktTbTl3c0RyeVp6T1ZQMkNuZz09 or by phone at (669) 9006833 Webinar ID:841 8303 0545 Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Sam Morris, BayNorth Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.sKREAMZ Haunted House Presentation of Check to PAL and Recognition of VolunteersContact:Heather Sanderson, (707) 2491379a2.Vanden High School Football RecognitionContact:Karen L. Rees, (707) 4287767a3.Proclamation Declaring February as Black History MonthContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item, please complete a speaker's card and give it to the city clerk before the meeting, or atthe latest, prior to the time for public comments on that item. When joining via Zoom, please use the“raise your hand” feature or press *9 on your phone to request to speak. Speakers are limited tothree minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Heart of Fairfield Fourth Quarter 2021 Implementation Plan Update Recommended ActionReceive and file report. Funding SourceN/AContact:Jonathan Luong, (707) 4287463a5.Second Reading and Adoption of Ordinance 202201 of the City Council of the City of FairfieldAmending 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
Adopt ordinance.

Funding Source
N/A
Contact:Frank Piro, (707) 4287344
a

6.Resolution 202216 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Amber Alexander, (707) 4287402
a

7.Resolution 202217 of the City Council of the City of Fairfield to Increase the Compensation for Planning Commissioners
Recommended Action
Adopt resolution.

Funding Source
$3,000; General Fund
Contact:Jonathan Luong, (707) 4287463
a

8.Resolution 202218 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield Village I – Unit 4 Subdivision as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287047
a

9.Resolution 202219 of the City Council of the City of Fairfield Approving Plans and Specifications and Awarding a Contract to California Highway Construction Group, Inc. for the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project Recommended Action
Adopt resolution.

Funding Source
$168,479; Streets Capital Fund
Contact:David Vong, (707) 4287784
a

10.Resolution 202220 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Three Ford Expedition Replacement Vehicles and Outfit Them with Specialized Safety Equipment for the Fire Department
Recommended Action
Adopt resolution.

Funding Source
$194,619; Fire Department Vehicle Replacement Fund
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, FEBRUARY 1, 2022; 6:00 PMVIA TELECONFERENCE: https://fairfieldca.zoom.us/j/84183030545?pwd=Wlh0NktTbTl3c0RyeVp6T1ZQMkNuZz09 or by Phone:669 900 6833 Webinar ID: 841 8303 0545 Passcode:7074287400AGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact AmberAlexander, Deputy Clerk, at least 72 hours in advance of the meeting at (707)4287402.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live.The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/84183030545?pwd=Wlh0NktTbTl3c0RyeVp6T1ZQMkNuZz09 or by phone at (669) 9006833 Webinar ID:841 8303 0545 Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Sam Morris, BayNorth Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.sKREAMZ Haunted House Presentation of Check to PAL and Recognition of VolunteersContact:Heather Sanderson, (707) 2491379a2.Vanden High School Football RecognitionContact:Karen L. Rees, (707) 4287767a3.Proclamation Declaring February as Black History MonthContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item, please complete a speaker's card and give it to the city clerk before the meeting, or atthe latest, prior to the time for public comments on that item. When joining via Zoom, please use the“raise your hand” feature or press *9 on your phone to request to speak. Speakers are limited tothree minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Heart of Fairfield Fourth Quarter 2021 Implementation Plan Update Recommended ActionReceive and file report. Funding SourceN/AContact:Jonathan Luong, (707) 4287463a5.Second Reading and Adoption of Ordinance 202201 of the City Council of the City of FairfieldAmending Section 25.32.17 of Chapter 25, Division 3 of the Fairfield Municipal Code to ImposeIncreased Administrative Penalties for Unlawful Cannabis CultivationRecommended ActionAdopt ordinance.Funding SourceN/AContact:Frank Piro, (707) 4287344a6.Resolution 202216 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Alexander, (707) 4287402a7.Resolution 202217 of the City Council of the City of Fairfield to Increase the Compensation forPlanning CommissionersRecommended ActionAdopt resolution.Funding Source$3,000; General FundContact:Jonathan Luong, (707) 4287463a8.Resolution 202218 of the City Council of the City of Fairfield Accepting the SubdivisionImprovements for the Villages at Fairfield Village I – Unit 4 Subdivision as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287047a9.Resolution 202219 of the City Council of the City of Fairfield Approving Plans andSpecifications and Awarding a Contract to California Highway Construction Group, Inc. for theHeart of Fairfield CDBG Downtown Sidewalk Gap Closure ProjectRecommended ActionAdopt resolution.Funding Source$168,479; Streets Capital FundContact:David Vong, (707) 4287784a10.Resolution 202220 of the City Council of the City of Fairfield Authorizing the City Manager toPurchase Three Ford Expedition Replacement Vehicles and Outfit Them with SpecializedSafety Equipment for the Fire DepartmentRecommended ActionAdopt resolution.

Funding Source
$194,619; Fire Department Vehicle Replacement Fund
Contact:David Renschler, (707) 4287414
a

11.Resolution 202221 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Ten Replacement Police Interceptor Utility Vehicles and Outfit Them with Specialized Safety Equipment and Graphics for the Police Department Recommended Action
Adopt resolution.

Funding Source
$765,385; Police Department Vehicle Replacement Fund
Contact:David Renschler, (707) 4287414
a
NEW BUSINESS

12.First Reading and Introduction of Ordinance 202202 Adding Section 2A.6 Electronic Filing of Campaign Statements to Chapter 2A of the Fairfield Municipal Code to Require Electronic Filing of Fair Political Practices Commission Campaign Disclosure Statements Recommended Action
Waive full reading, read by title only; and introduce ordinance for first reading.

Funding Source
N/A
Contact:Amber Alexander, (707) 4287402
a
PUBLIC HEARINGS

13.Public Hearing;
and First Reading and Introduction of Ordinance 202203 of the City Council of the City of Fairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit the Number of Absences Planning Commissioners Are Permitted Within Twelve Months Recommended Action
Hold public hearing; waive full reading, read by title only; and introduce ordinance for first reading.

Funding Source
N/A
Contact:Jonathan Luong, (707) 4287463
a
ADJOURN TO TUESDAY, FEBRUARY 15, 2022, 6:00 P.M., VIA TELECONFERENCE.

Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.

PUBLIC NOTIFICATION
I, Amber Alexander, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on January 27, 2022.

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Agenda Item No: 4.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Heart of Fairfield Fourth Quarter 2021 Implementation Plan Update RECOMMENDED ACTION
Receive and file report.

STATEMENT OF ISSUE
This report provides the quarterly updates of the Heart of Fairfield Implementation Plan (Plan) to the City Council. The last report was on October 19, 2021, for Quarter (Q)3, 2021. The report, and its attachments, identify items that were completed or placed on hold for Q4 2021 and upcoming actions of each division/department for Q1 2022.

DISCUSSION
This report aims to keep the council apprised of projects and deliverables identified through strategies outlined in the Plan. It categorizes the timing of objectives into ongoing, shortterm, and longterm phases.

Completed in Q4 2021
The Yiftee Community EGift Card Program was launched. The program enables the public to purchase electronic gift cards for restaurants in downtown Fairfield.

The Cultural Arts Advisory Committee was formed in November 2021. The committee guides City staff in implementing the Arts in Public Spaces Policy. Several shortterm projects were identified for Q1 2022.

The Holiday Tree Lighting Event was held in December 2021.

No items were placed on hold.

City Manager’s Office
Findings of the Enhanced Infrastructure Financing District (EIFD) will be presented to Solano County (County). The goal is to identify infrastructure projects overlapping the City of Fairfield and the County’s interests. The City will partner with the County to expand the financial capacity to fund the construction of Packet Page 5 of 72

Economic Development
The Restaurant Week/Walk Event in downtown Fairfield is scheduled for Spring 2022.

Several shortterm public art projects are being implemented in Q1 2022. The committee continues to guide upcoming intermediate and longterm projects.

Public Works
The final report for the Parking and Oneway Streets Study will be completed in January 2022. It analyzes the parking supply and circulation network downtown to provide longrange planning strategies for capital improvement investments for core roadways in the area.

The Parking and Oneway Streets Project design will be completed at the end of February 2022. A notice to proceed was issued in December 2021, and improvements will be installed before the first farmers’ market of 2022.

The bid for the Heart of Fairfield Sidewalk Gap Closure and ADA Improvement Project, Phase I, opens in January 2022. Construction starts in March and will be completed in April 2022.

A professional services agreement with Harris & Associates will be signed in Q1 2022 after the scope and deliverables are finalized. The consultant will complete the study to relocate the PG&E substation.

Housing Services
The City, CSG Advisors, and potential development partners will review the feasibility of ownership development for the Sem Yeto Development Project.

The 1600 Woolner Development Project developer will finalize loan terms by February 2022.

Parks and Recreation
On February 1, 2022, the City will review its contract with Missouri Street Theatre to operate the Downtown Theatre.

FINANCIAL IMPACT
There is no direct financial impact resulting from this update. Future actions will likely have financial impacts to be later detailed when presented to the council for consideration.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may provide alternative direction with any component of the Plan.

STAFF CONTACT
Jonathan Luong, Management Analyst
(707) 4287463
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department, Public Works Department Packet Page 6 of 72

Agenda Item No: 4.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Heart of Fairfield Fourth Quarter 2021 Implementation Plan Update RECOMMENDED ACTIONReceive and file report. STATEMENT OF ISSUEThis report provides the quarterly updates of the Heart of Fairfield Implementation Plan (Plan) to the CityCouncil. The last report was on October 19, 2021, for Quarter (Q)3, 2021. The report, and itsattachments, identify items that were completed or placed on hold for Q4 2021 and upcoming actions ofeach division/department for Q1 2022.DISCUSSIONThis report aims to keep the council apprised of projects and deliverables identified through strategiesoutlined in the Plan. It categorizes the timing of objectives into ongoing, shortterm, and longtermphases. Completed in Q4 2021The Yiftee Community EGift Card Program was launched. The program enables the public to purchaseelectronic gift cards for restaurants in downtown Fairfield.The Cultural Arts Advisory Committee was formed in November 2021. The committee guides City staffin implementing the Arts in Public Spaces Policy. Several shortterm projects were identified for Q12022.The Holiday Tree Lighting Event was held in December 2021.No items were placed on hold.City Manager’s OfficeFindings of the Enhanced Infrastructure Financing District (EIFD) will be presented to Solano County(County). The goal is to identify infrastructure projects overlapping the City of Fairfield and the County’sinterests. The City will partner with the County to expand the financial capacity to fund the construction ofprojects within the Heart of Fairfield and Train Station Specific Plan Area. Economic DevelopmentThe Restaurant Week/Walk Event in downtown Fairfield is scheduled for Spring 2022.Several shortterm public art projects are being implemented in Q1 2022. The committee continues toguide upcoming intermediate and longterm projects.Public WorksThe final report for the Parking and Oneway Streets Study will be completed in January 2022. Itanalyzes the parking supply and circulation network downtown to provide longrange planning strategiesfor capital improvement investments for core roadways in the area.The Parking and Oneway Streets Project design will be completed at the end of February 2022. Anotice to proceed was issued in December 2021, and improvements will be installed before the firstfarmers’ market of 2022.The bid for the Heart of Fairfield Sidewalk Gap Closure and ADA Improvement Project, Phase I, opensin January 2022. Construction starts in March and will be completed in April 2022.A professional services agreement with Harris & Associates will be signed in Q1 2022 after the scopeand deliverables are finalized. The consultant will complete the study to relocate the PG&E substation.Housing ServicesThe City, CSG Advisors, and potential development partners will review the feasibility of ownershipdevelopment for the Sem Yeto Development Project.The 1600 Woolner Development Project developer will finalize loan terms by February 2022.Parks and RecreationOn February 1, 2022, the City will review its contract with Missouri Street Theatre to operate theDowntown Theatre.FINANCIAL IMPACTThere is no direct financial impact resulting from this update. Future actions will likely have financialimpacts to be later detailed when presented to the council for consideration.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may provide alternative direction with any component of the Plan.STAFF CONTACTJonathan Luong, Management Analyst(707) 428[email protected] COORDINATED WITH
City Attorney's Office, Community Development Department, Public Works Department ATTACHMENTS:

Description
Implementation Plan Project Tracking
Implementation Plan Updates
REVIEWERS:

Reviewer Action Date
Gassaway, David Approved 1/25/2022 11:00 AM
Alexander, Amber Approved 1/25/2022 11:39 AM
Alexander, Amber Approved 1/25/2022 11:40 AM
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Heart of Fairfield Specific Plan Implementation - Downtown Revitalization Strategy Strategy Service/Program/Project Staff Lead Support Staff / Dept Description/ObjectiveActions/Goals/Deliverables Start Time Council UpdateTargeted CompletionSpecific Plan ActionEstimated Cost* 40 Business WatchIlea Martin,PoliceCreate a group of HOF business owners to participate in a program designed to create a cohesive group to improve downtown through community events and regular meetings.a. Staff hosted first in-person meeting on August 31, 2021. Due to low attendance/participation, Staff is seeking a different direction to elicit more engagement.December 2020January 18, 2022OngoingStrategc Short Term Phase:Action 1.1&Long Term Phase:Action 6.3Staff Time42 Code ComplianceDwayne DalmanJonathan LuongPlanningWork to improve the physical appearance of downtown business, buildings and streetscapea. Educate business community and property owners on building maintenance needed for downtown and work with Code Enforcement to increase compliance February 2021January 18, 2022OngoingStrategic Short Term Phase: Actions 5.3N/A43Vibrant Vacany ProgramJonathan LuongDavid Gassaway, Administration (CD) Create a program to encourage active uses of vacant store fronts.a. Revise existing vacancy ordinance to include requirements for vacant commercial storefronts. b. Present revised ordinance to Council for approval. c. Staff have completed the first draft of the ordinance and is moving forward with introducting in Fall. Project was transitioned to new staff.May 2021January 18, 2022September 2021 March 2022N/A Staff Time44Beck Ave. & Fairfield Transportation Center Rezone For HousingPlanningStudy the potential for housing development in the Beck Avenue/Fairfield Transportation Center area. May result in a Zone Change and Heart of Fairfield Plan Amendmenta. Fundng authorized by the State (SB2). b. Project will result in a Heart of Fairfield Plan amendment and a Zoning Map Amendemtn to assign new land uses/zoning districts suitable for high density housing that can take advantage of the Fairfield Transportation Center. c. Funding request submitted and approved in 2020. Project initiation is paralleling the infrastructure study led by Public Works and will be formally initiated in Summer 2021 d. Performing comprehensive study of the area. Depending on the timing, explore a deal with the 99 Cent Store and other properties to build additional housing. Awaiting results of sewer study and continued discussion with property owner.Summer 2021January 18, 2022November 2021Q1 2022Ongoing Phase:Action 1.4Long Term Phase:Action 1.3Staff TimeSB2 Grant: $50,000 45Ministerial Entitlement Approval Process DevelopmentAnna Noel Dave FeinsteinCreate a list of criteria for ministerial approval of new development projects.a. On hold pending new staff.March 2022January 18, 20226 to 9 months after choosing a consultantPendingN/AStaff TimeSB2 GrantSB2 & LEAP Grant Infrastructure/Planning Analysis8 of 13Packet Page 15 of 72Attachment 1 Page 8 of 13

Heart of Fairfield Specific Plan Implementation - Downtown Revitalization Strategy Strategy Service/Program/Project Staff Lead Support Staff / Dept Description/ObjectiveActions/Goals/Deliverables Start Time Council UpdateTargeted CompletionSpecific Plan ActionEstimated Cost* 47W. Texas Complete Streets ProjectPaul Kaushal Ryan PanganibanThe Heart of Fairfield Plan envisions transforming the segment of West Texas Street from Pennsylvania to Beck Avenues into a multi-modal corridor that will create the environment for future mixed-use development. a. Modified the design consultant (GHD) scope of work to utilize unspent contract budget to progress the federal/state required Preliminary Approval and Environmental Document (PA&ED) phase of the project. b. Started to work with the public outreach consultant to strategize on approach to notify residents/business of upcoming work. c. Upcoming activity (Q4 2021) - Design kick-off meeting scheduled for September 28th. Start 60% design. Start NEPA/CEQA process. d. Coordinate landscape concepts (December 2021) with Economic Development proposed Downtown Revitalization plan and PlanningOctober 2018January 18, 2022Winter 2024Strategic Short Term Phase: Action 5.4 & 5.7Long Term Phase:Action 3.1$16,922,000 48W. Texas Complete Streets Project (Utilities)Paul Kaushal Ryan PanganibanAn existing city water main must be relocated and a new trunk sewer must be constructed along the ATP alignment. This utility work needs to be completed prior to the start of the ATP project.a. Work completed (Q3 2021) - On July 6th, Council approved a professional services agreement with GHD Engineers for the preparation of design and bid documents for the project. b. Upcoming activity (Q4 2021) - Design kick off meeting scheduled for October 6th. July 2021January 18, 2022Relief SewerStart Q4 2021 Water Relocation Project Start Q3 2023Long Term Phase:Action 3.1Relief Sewer$2,800,000Water Relocation Project$2,600,00049W. Texas Gateway and FTC Slip-Ramp Project Matt Kett (PW Inspector)Phil LayosoThe Project will modify the eastbound I-80 off-ramp at West Texas Street by providing direct bus access to the Fairfield Transportation Center (FTC). Project also includes streetscape improvements on West Texas from the I-80 off ramp to Beck Avenue. a. Public Works and its contractor have completed approximately 70% of the West Texas Street Gateway Improvement Project. b. The construction of the dedicated bus off-ramp, sidewalk on the Southside of West Texas Street, and ornamental fence is near complete. c. The start of construction for the remainder of the improvements (Traffic signal modifications, pavement rehabilitation, median improvements, decorative street lighting, and landscaping) is planned to begin in October.d. The Project is anticipated to be complete by mid December 2021.March 2021January 18, 2022December 31, 2021Strategic Short Term Phase:Action 5.1 & 5.5Long Term Phase:Action 6.1$4,329,240 50Utility UndergroundingDavid Vong Ryan PanganibanUtility companies have allocated funding, commonly known as Rule 20A funds, to help pay for the undergrounding of the existing poles, overhead wires and associated structures within areas of the City designated as underground utility districts if certain conditions are met.a. Field verification walk scheduled for March 2, 2021. At this meeting staff will request an implementation schedule from PG&E. b. As the current owner of the overhead facilities, project progression is highly dependent on approval from PG&E, AT&T, and Cablecom. c. Amendment 1 is in progress; additional scope to include the alleyways between Madison, Empire, Webster, and Texas Street.December 1, 2020January 18, 2022Winter 2024 (lack of resources)Ongoing Phase:Action 1.5$7,750,380 W. Texas Multi-modal Improvement10 of 13Packet Page 17 of 72Attachment 1 Page 10 of 13

Heart of Fairfield Specific Plan Implementation - Downtown Revitalization Strategy Strategy Service/Program/Project Staff Lead Support Staff / Dept Description/ObjectiveActions/Goals/Deliverables Start Time Council UpdateTargeted CompletionSpecific Plan ActionEstimated Cost* 61Downtown Pedestrian Safety PilotGarland Wong Public Works OperationsRectangular Rapid Flashing Beacons Safety Pilot Conversion (Texas/Madison)a. Operations Staff is piloting to enchance safety for pedestrian crossings on Texas St by upgrading one of the intersections. Staff purchased materials for one. Presently, pedestrians can only activity one side (East/West) of the marked crossing at Madison St and Taylor St to access the theatre. Traffic Engineering relocated a CCTV camera with PD and IT for Phase I. Staff completed the relocation and are now modifying the pedestrian-activated RRFB crossing. The program will extend to Taylor (existing RRFB) then to Great Jones upon the pilot's success. Ordering parts for Taylor.b. Camera relocation and work has been completed for Texas / Madison. Materials received for Texas / Taylor. Currently being implemented during week of June 21, 2021; complete by end of week. c. Next project is the entire interactions at Texas / Great Jones.November 2020January 18, 2022Madison St(Completed)Taylor St(Completed)Great JonesTBDN/AMaterial Cost ~$20,000 + Internal Staff Time when available. 62Heart of Fairfield Gateways Program Jason RileyPublic Works OperationsProject on holda. Provided Arborist comprehensive report to DD. N/AJanuary 18, 2022N/AStrategic Short Term Phase: Action 7.1TBD 63Heart of Fairfield Sidewalk Gap Closure and ADA Improvement Project (Phase 1)David Vong Jason RileyPresently, there are subdivisions in both downtown and south of Texas St that are absent of transportation infrastructure; i.e. sidewalks. Overtime, gaps formed in the sidewalk; creating areas of missing concrete along the path. To bring sidewalks up to code and ensure a safe route for pedestrians, the City proposes construction to improve connectivity between residential, business, and destination areas.a. In July, land survey, underground utility verification, and civil design for the contract documents commenced. The project is anticipated to being construction in the Winter of 2021 on Madison St, Ohio St, and Great Jones St. b. The proposed project is within the Neighborhood Revitalization Strategy Area (NRSA) and is anticipated to receive $150,000 from the Community Development Block Grant (CDBG) for construction.c. Project design completed. Bid opening scheduled for January and construction in March for completion by end of April.July 2021January 18, 2022Spring 2022Long Term Phase: Action 3.1 & 4.3$220,000 64PG&E Substation Relocation AnalysisRyan PanganibanDavid Gassaway, Administration (CD)Study the potential for relocating the existing substation south of the County Government Center. Will significantly Improve the developability of this subarea within the Heart of Fairfield Plan. Alternatively, study high-power line undergrounding in area to minimize impact of substation in TOD area. a. Initial contacts with PG&E underway. Project will identify relocation costs, alternative sites, and potential land uses for the existing substation and surrounding blocks. May result in a Heart of Fairfield Plan Amendment and changes to development standards.b. Funding request submitted and approved in 2020. Project initiation is paralleling the infrastructure study led by Public Works and will be formally initiated in Summer 2021.c. PW is determining if there is a conflict with Harris and the grant. Staff seek to move forward with them. Meeting on 9/7 to start proposal. Proceceding with Professional Services Agreement (PSA) in Q1 2022. Finalizing scope and deliverables.Summer 2021January 18, 2022September 2023 Heart of Fairfield Plan Amendment. Relocation agreement with PG&E$220,000 13 of 13Packet Page 20 of 72Attachment 1 Page 13 of 13

HEART OF FAIRFIFIELD IMPLEMENTATION PLAN — FOURTH QUARTER 2021 UPDATES FEBRUARY 1, 2022

ONGOING PHASE

APPROXIMATELY
2016-2040 +
OBJECTIVE 2. SUPPORTING THE CITY AND COUNTY GOVERNMENT CENTERS Action 2.1 – Continue to coordinate with Solano County to discuss county plans for the Downtown Government Center Staff obtained the Enhanced Infrastructure Financing District (EIFD) Analysis from Kosmont & Associates. The analysis outlines the financial capacity of an EIFD should the City and County choose to partner together to fund key infrastructure projects.

OBJECTIVE 4. TARGETING ECONOMIC DEVELOPMENT
Action 4.1 – Expand the City’s business and property owner outreach efforts with a new focus on Heart of Fairfield.

Staff and the Downtown Coordinator met with every business owner in November 2021. This is an ongoing effort to building better relationships, trust, and connection with all businesses in the downtown PBIA district.

SHORT-TERM PHASE

APPROXIMATELY
2016-2021
OBJECTIVE 1. CREATING A VIBRANT DOWNTOWN CORE
Action 1.1 – Work with local businesses and the Fairfield Main Street Association to develop a program which includes special evening even ts and activity during after-work hours.

Staff implemented the Halloween Stroll event on October 31 and the Christmas Tree Lighting in December 2021 in an ongoing effort to create special evening events.

OBJECTIVE 5. IMPROVING KEY STREETSCAPES AND SAFETY
Action 5.1 – Incorporate Heart of Fairfield Plan streetscape concepts into the first Catalyst Site development, or ot her development Downtown and on West Texas Street, to serve as prototypes/examples for future development.

Staff hosted two community meetings to obtain public input on the plans and concept designs from Gates & Associates. This is for the effort for Downtown Streetscape & Pedestrian Improvements.

LONG-TERM PHASE

APPROXIMATELY
2022-2040 +
OBJECTIVE 4. IMPROVING RESIDENTIAL STREETS SOUTH OF TEXAS STREET WITHIN DOWNTOWN Action 4.3 – Complete the sidewalk network Downtown, including repair of walkways in poor condition.

Staff completed the project design for the Heart of Fairfield Sidewalk Gap Closure and ADA Improvement Project (Phase I). Thi s is the long-term effort to bring sidewalks up to code and ensure safe routes for pedestrians within the downtown and south of Texas Street residential areas.

Packet Page 21 of 72Attachment 2 Page 1 of 1

Agenda Item No: 5.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Second Reading and Adoption 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
Adopt ordinance.

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 22 of 72

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:

Packet Page 23 of 72

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 24 of 72

Agenda Item No: 5.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Second Reading and Adoption 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 ACTIONAdopt ordinance.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
The ordinance was introduced and accepted on January 18, 2022.

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 1/20/2022 10:05 AM
Packet Page 25 of 72

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.

Packet Page 26 of 72Attachment 1 Page 1 of 4

Ordinance 2022-01

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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 27 of 72Attachment 1 Page 2 of 4

Ordinance 2022-01

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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 1st day of February, 2022, by the following vote:

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

_________________________

CITY CLERK
Packet Page 29 of 72Attachment 1 Page 4 of 4

Agenda Item No: 6.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202216 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Government Code 54953(e) is new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. The code requires that the City Council reconsider and reauthorize these provisions every 30 days following initial authorization.

DISCUSSION
On October 5, 2021, the council adopted provisions of AB 361, urgency legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies:

1. State or local officials have imposed or recommended measures to promote social distancing; or

2. The agency has already determined whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of the attendee.

Council has utilized teleconferencing options throughout the pandemic, including remote appearances by Councilmembers and public comments from citizens via Zoom, email, or teleconference.

AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person Packet Page 30 of 72

Agenda Item No: 6.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202216 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of AB 361, urgency legislation that amends theBrown Act to allow local agencies to meet remotely during declared emergencies under certainconditions. AB 361 authorizes local agencies to continue meeting remotely without following the BrownAct’s standard teleconferencing provisions, including the requirement that meetings be conducted inphysical locations if the meeting is held during a state of emergency proclaimed by the Governor andeither of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in person wouldpresent imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or

2. State or local officials continue to impose or recommend measures to promote social distancing.

FINANCIAL IMPACT
There is little to no fiscal impact by this action. City staff is already utilizing many of the procedures for teleconferencing in recent council meetings and other meetings of the legislative bodies.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council may choose not to reauthorize these procedures, in which case they would no longer be able to teleconference into council meetings without meeting the notice requirements for teleconferencing that existed before the State of Emergency. Public comment via remote access would also be curtailed at council meetings.

STAFF CONTACT
Amber Alexander, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 1/20/2022 9:24 AM
Packet Page 31 of 72

CITY OF FAIRFIELD

RESOLUTION NO. 2022-16

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RECONSIDERING AND

AUTHORIZING PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(E) AND MAKING FINDINGS AND DETERMINATIONS

REGARDING THE SAME

WHEREAS, the Fairfield City Council (the City Council) is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19; and

WHEREAS, all meetings of the City Council are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council conduct its business; and

WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on September 16, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees ; and

WHEREAS, pursuant to Government Code Section 54953(e)(3), the City Council must reconsider the circumstances of the state of emergency and make specific finding every 30 d ays after enacting the provisions of Government Code Section 54953(e) by making the following findings:

1. The City Council has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exist:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing.

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RES. NO. 2022-16

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WHEREAS, on March 4, 2020, Governor Newsom declared a declared a State of Emergency pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic (the Emergency); and

WHEREAS, the Centers for Disease Control and Prevention (CDC) continue to advise that COVID- 19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time; and

WHEREAS, the California Department of Public Health (“CDPH”) and the CDC caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, an d that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and

WHEREAS, the CDC has established a “Community Transmission” metric with 4 tiers designed to reflect a community’s COVID-19 case rate and percent positivity; and

WHEREAS, Solano County currently has a Community Transmission metric of “high” which is the most serious of the tiers; and

WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council intends to hold public meetings via teleconferencing pursuant to Government Code Section 54953(e); and

WHEREAS, on October 5, 2021, the City Council adopted the provisions of Government Code Section 54953(e) for the first time by resolution and majority vote.

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

Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.

Section 2. The City Council hereby determines that, as a result of the Emergency, meeting in person presents imminent risks to the health or safety of attendees.

Section 3. The City Council shall conduct its meetings pursuant to Government Code section 54953(e) and authorizes its boards and commissions to do likewise.

Section 4. The City Council has reconsidered the circumstances of the state of emergency.

Packet Page 33 of 72Attachment 1 Page 2 of 3

RES. NO. 2022-16

Page 3 ends

Section 5. The state of emergency continues to directly impact the ability of the City Council members to meet safely in person.

Section 6. State or local officials continue to impose or recommend measures to promote social distancing.

Section 7. Staff is hereby authorized and directed to continue to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisi ons of the Brown Act.

Section 8. This Resolution shall take effect immediately upon its adoption and must be reconsidered within 30 days to stay in effect.

PASSED AND ADOPTED this 1st day of February, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 34 of 72Attachment 1 Page 3 of 3

Agenda Item No: 7.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202217 of the City Council of the City of Fairfield to Increase the Compensation for Planning Commissioners
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City Council directed staff to study and determine a pay rate at parity with other planning commissions.

DISCUSSION
On December 7, 2021, the council requested staff to study the pay rate for members of other planning commissions to determine the appropriate increase for the City’s Planning Commissioners. The current rate of $35 per commission meeting attended, not to exceed payment for more than three meetings a month, was set in 1984 via Resolution 8495.

The commission meets twice monthly. Hence, there are potentially twentyfour regular meetings annually for commissioners to attend. Additionally, the City may call for special or joint meetings and requires commissioners to attend. Further, Resolution 2016284 authorized the commission to appoint a representative to the Community Development Block Grant Advisory Committee (CDBG), of which there is an average of four meetings annually.

A study completed by staff of twentyfive cities and their pay practices for their planning commission identified the median rate at $50. The proposed resolution increases the current amount from $35 to $50 for each meeting attended by a commissioner. Further, it removes the limit of three meetings each month when compensating a commissioner for meetings they’re required to participate in as they may exceed that amount in certain circumstances.

FINANCIAL IMPACT
There’s an estimated increase of $3,000 in compensation for the year. Annually, a sevenmember planning commission that attends the regular twentyfour meetings, potentially four additional special or joint meetings, and one representative at four CDBG meetings will receive $7,000 at the current rate of Packet Page 35 of 72

Agenda Item No: 7.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202217 of the City Council of the City of Fairfield to Increase theCompensation for Planning CommissionersRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City Council directed staff to study and determine a pay rate at parity with other planningcommissions.DISCUSSIONOn December 7, 2021, the council requested staff to study the pay rate for members of other planningcommissions to determine the appropriate increase for the City’s Planning Commissioners. The currentrate of $35 per commission meeting attended, not to exceed payment for more than three meetings amonth, was set in 1984 via Resolution 8495. The commission meets twice monthly. Hence, there are potentially twentyfour regular meetings annuallyfor commissioners to attend. Additionally, the City may call for special or joint meetings and requirescommissioners to attend. Further, Resolution 2016284 authorized the commission to appoint arepresentative to the Community Development Block Grant Advisory Committee (CDBG), of whichthere is an average of four meetings annually.A study completed by staff of twentyfive cities and their pay practices for their planning commissionidentified the median rate at $50. The proposed resolution increases the current amount from $35 to$50 for each meeting attended by a commissioner. Further, it removes the limit of three meetings eachmonth when compensating a commissioner for meetings they’re required to participate in as they mayexceed that amount in certain circumstances. FINANCIAL IMPACTThere’s an estimated increase of $3,000 in compensation for the year. Annually, a sevenmember planning commission that attends the regular twentyfour meetings, potentially four additional special or joint meetings, and one representative at four CDBG meetings will receive $7,000 at the current rate of $35 for each session. That amount will increase to $10,000 if the proposed $50 is adopted.

Commissioners are paid out of the General Fund (Fund 011, Division and Responsibility Code 11002).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
No advisory body has reviewed or provided input on the proposed resolution.

ALTERNATIVE ACTION
The council may choose not to adopt the proposed resolution, request a different amount, or direct staff to pursue an alternative course of action.

STAFF CONTACT
Jonathan Luong, Management Analyst I
(707) 4287463
[email protected]
COORDINATED WITH
City Manager's Office, Community Development Department ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Gassaway, David Approved 1/18/2022 2:09 PM
Alexander, Amber Approved 1/19/2022 11:26 AM
Alexander, Amber Approved 1/20/2022 10:58 AM
Packet Page 36 of 72

CITY OF FAIRFIELD

RESOLUTION NO. 2022-17

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD TO INCREASE THE

COMPENSATION RATE FOR PLANNING COMMISSIONERS

WHEREAS, on June 5, 1984, the City adopted Resolution 84-95 allowing members of the Planning Commission to receive $35 per commission meeting attended, not to exceeding payment for more than three meetings a month; and

WHEREAS, members of the Planning Commission are required to attend twenty -four regular Planning Commission meetings, four joint or special meetings, and one member to attend four Community Development Block Grant (CDBG) Advisory Committee meetings annually, which may exceed three meetings a month; and

WHEREAS, the City has not adopted an increase in compensation for each meeting attended since the initial adoption on June 5, 1984; and

WHEREAS, on December 7, 2021, the City Council directed staff to identify and determine the rate at parity with other planning commissioners; and

WHEREAS, a study identified the median rate among twenty-five cities to be $50 for each meeting a planning commissioner attends.

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

Section 1. Members of the Planning Commission shall receive $50 for each regular or special meeting of the Planning Commission, and for meetings they attend as an agendized appointee that represents the Commission.

Section 2. The increase in compensation shall be effective 15 days following its adoption by the council.

Packet Page 37 of 72Attachment 1 Page 1 of 2

RES. NO. 2022-17

Page 2 ends

PASSED AND ADOPTED this 1st day of February, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 38 of 72Attachment 1 Page 2 of 2

Agenda Item No: 8.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202218 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield Village I – Unit 4 Subdivision as Complete RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adoption of this resolution will accept the subdivision improvements for the Villages at Fairfield Village I – Unit 4 Subdivision as complete.

DISCUSSION
Tri Pointe Homes, Inc. has completed all the required subdivision improvements at the Villages at Fairfield Village I – Unit 4 Subdivision in accordance with the Subdivision Improvement Agreement (Agreement) approved by City Council on May 1, 2018, by Resolution No. 201874. The Agreement authorized the construction of all public improvements, including streets, underground utilities, and streetlights. This residential project consisted of 133 singlefamily lots east of Clay Bank Road and north and south of Horizon Drive North.

Staff has inspected the subdivision improvements and found them to be complete, following City standards and the requirements of the Agreement. The proposed resolution accepts the subdivision improvements as being completed, except for the obligation of Tri Pointe Homes, Inc. to repair or reconstruct defective work for a period of one year after final acceptance.

FINANCIAL IMPACT
Acceptance of the public improvements obligates the City to maintain the improvements, which include streets, sidewalks, water, sewer, storm drainage, street lights, and appurtenant facilities associated with each. Water and sewer rates, sewer service fees, storm drainage maintenance fees, gas tax, and the General Fund will be used to offset the costs of services provided by the City. The development area was annexed to Community Facilities District (CFD) 20122 to provide funding for public safety services, open space operation, and park maintenance, and Landscape and Lighting Maintenance District (LLMD) #14 – Woodlake for the maintenance of the public lighting and landscaping within the Woodlake District area. The various fronting property owners maintain all interior landscaping.

Packet Page 39 of 72

Agenda Item No: 8.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202218 of the City Council of the City of Fairfield Accepting the SubdivisionImprovements for the Villages at Fairfield Village I – Unit 4 Subdivision as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdoption of this resolution will accept the subdivision improvements for the Villages at Fairfield Village I– Unit 4 Subdivision as complete.DISCUSSIONTri Pointe Homes, Inc. has completed all the required subdivision improvements at the Villages atFairfield Village I – Unit 4 Subdivision in accordance with the Subdivision Improvement Agreement(Agreement) approved by City Council on May 1, 2018, by Resolution No. 201874. The Agreementauthorized the construction of all public improvements, including streets, underground utilities, andstreetlights. This residential project consisted of 133 singlefamily lots east of Clay Bank Road andnorth and south of Horizon Drive North.Staff has inspected the subdivision improvements and found them to be complete, following Citystandards and the requirements of the Agreement. The proposed resolution accepts the subdivisionimprovements as being completed, except for the obligation of Tri Pointe Homes, Inc. to repair orreconstruct defective work for a period of one year after final acceptance.FINANCIAL IMPACTAcceptance of the public improvements obligates the City to maintain the improvements, which includestreets, sidewalks, water, sewer, storm drainage, street lights, and appurtenant facilities associatedwith each. Water and sewer rates, sewer service fees, storm drainage maintenance fees, gas tax, andthe General Fund will be used to offset the costs of services provided by the City. The developmentarea was annexed to Community Facilities District (CFD) 20122 to provide funding for public safetyservices, open space operation, and park maintenance, and Landscape and Lighting Maintenance District (LLMD) #14 – Woodlake for the maintenance of the public lighting and landscaping within the Woodlake District area. The various fronting property owners maintain all interior landscaping.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, staff can delay acceptance to provide additional information.

STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287047
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 1/18/2022 4:06 PM
Kaushal, Paul Approved 1/18/2022 2:46 PM
Alexander, Amber Approved 1/20/2022 11:15 AM
Alexander, Amber Approved 1/20/2022 11:16 AM
Packet Page 40 of 72

CITY OF FAIRFIELD

RESOLUTION NO. 2022-18

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR THE VILLAGES AT FAIRFIELD VILLAGE I – UNIT 4 SUBDIVISION AS

COMPLETE

WHEREAS, the City Council approved a Subdivision Improvement Agreement with Tri Pointe Homes, Inc. for the required subdivision improvements for the Villages at Fairfield Village I – Unit 4 Subdivision on May 1, 2018, by Resolution No. 2018-74; and

WHEREAS, Tri Pointe Homes, Inc. has completed all of the required improvements in accordance with the Subdivision Improvement Agreement approved by council.

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

Section 1. The City of Fairfield hereby accepts the subdivision improvements as complete pursuant to the agreement between the City of Fairfield and Tri Pointe Homes, Inc., approved by council on May 1, 2018.

PASSED AND ADOPTED this 1st day of February, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 41 of 72Attachment 1 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202219 of the City Council of the City of Fairfield Approving Plans and Specifications and Awarding a Contract to California Highway Construction Group, Inc. for the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project (Project) received funding from the Community Development Block Grant (CDBG) to close the missing sidewalk gaps in low and moderateincome census tract neighborhoods. The Project will construct approximately 3,800 square feet of new concrete sidewalk. This resolution approves the plans and specifications for the Project and awards a contract in the amount of $153,162.25 to California Highway Construction Group, Inc.

DISCUSSION
In 2019, the Public Works Department conducted a condition assessment to identify missing sidewalks and curb ramps within an area south of Texas Street, north of Highway 12, and east of Pennsylvania Avenue. The subdivisions within this area were built in the 1950s and 1960s and lacked basic transportation infrastructures such as sidewalks, designated crosswalks, and bicycles lanes. The condition assessment identified defects within the sidewalk network, contingent on available funding, prioritized replacement through a multiphased project.

The proposed Project improves connectivity and ADA accessibility to amenities in a lowmoderate income neighborhood. The scope of work includes:

Removing obstructions from the path of pedestrian travel.

Constructing new sidewalks.

Upgrading or building new ADA curb ramps.

This phase of improvements includes sidewalk segments along Ohio Street from Great Jones Street to Webster Street and along Madison Street from Illinois Street to Ohio Street.

Seven (7) bids were received and opened on January 10, 2022. The bids ranged from $188,200 to Packet Page 42 of 72

Seven (7) bids were received and opened on January 10, 2022. The bids ranged from $188,200 to $323,950 for the total bid (base bid plus additive alternates #1 and #2). The Engineer’s Estimate for the Project is $206,000. The apparent low bidder is California Highway Construction Group, Inc. of Concord, California, with a bid of $188,200. Staff has reviewed the proposal submitted by California Highway Construction Group, Inc. and determined that it is responsive and meets all bid requirements.

California Highway Construction Group, Inc. is appropriately licensed and has completed projects of similar size and complexity for Caltrans and the City of Fairfield.

Staff recommends awarding the base bid ($133,000) for Ohio Street and Madison Street and additive alternate #1 at 1148 Ohio Street ($20,162.50) to California Highway Construction Group, Inc. for a total amount of $153,162.50. Due to budgetary constraints, additive alternate #2 Great Jones Street ($35,037) will not be awarded. The Project has $153,761 of Community Development Block Grant (CDBG) funding for construction.

FINANCIAL IMPACT
The construction authorization for this project is $168,478.75, which is the total bid amount ($153,162.50) plus a 10% contingency ($15,316.25). Funding for this work has been budgeted in the Streets Capital Fund (Fund 252, Divisions and Responsibility Code 99524). $153,761 of the cost will be reimbursed by the 2021 CDBG, and the remaining cost of $14,717.75 will be funded by the Streets and Walkway Improvements Streets Capital Fund (Fund 252, Division and Responsibility Code 99392).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this Project was advertised twice in the Daily Republic newspaper on December 20 and 27, 2021. In addition, the Plans and Specifications were hosted through BPX Printing & Graphics online Planroom. The initial advertisement emailed a notice of the Project and complete bid package to 10 builders’ exchanges in California, covering the area from Redding to San Jose and Stockton to Santa Rosa.

ALTERNATIVE ACTION
The council may choose not to award the contract, reject all bids and restart the bid process, thus resulting in a significant delay in the construction schedule. Not awarding the contract would postpone construction and hinder the CDBG funding expenditure deadline.

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 4287784
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 1/18/2022 2:46 PM
Panganiban, Ryan Approved 1/18/2022 4:07 PM
Alexander, Amber Approved 1/20/2022 11:55 AM
Packet Page 43 of 72

Agenda Item No: 9.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202219 of the City Council of the City of Fairfield Approving Plans andSpecifications and Awarding a Contract to California Highway Construction Group, Inc.for the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project (Project) receivedfunding from the Community Development Block Grant (CDBG) to close the missing sidewalk gaps inlow and moderateincome census tract neighborhoods. The Project will construct approximately 3,800square feet of new concrete sidewalk. This resolution approves the plans and specifications for theProject and awards a contract in the amount of $153,162.25 to California Highway Construction Group,Inc.DISCUSSIONIn 2019, the Public Works Department conducted a condition assessment to identify missing sidewalksand curb ramps within an area south of Texas Street, north of Highway 12, and east of PennsylvaniaAvenue. The subdivisions within this area were built in the 1950s and 1960s and lacked basictransportation infrastructures such as sidewalks, designated crosswalks, and bicycles lanes. Thecondition assessment identified defects within the sidewalk network, contingent on available funding,prioritized replacement through a multiphased project.The proposed Project improves connectivity and ADA accessibility to amenities in a lowmoderateincome neighborhood. The scope of work includes:Removing obstructions from the path of pedestrian travel.Constructing new sidewalks.Upgrading or building new ADA curb ramps.This phase of improvements includes sidewalk segments along Ohio Street from Great Jones Street toWebster Street and along Madison Street from Illinois Street to Ohio Street.Seven (7) bids were received and opened on January 10, 2022. The bids ranged from $188,200 to$323,950 for the total bid (base bid plus additive alternates #1 and #2). The Engineer’s Estimate forthe Project is $206,000. The apparent low bidder is California Highway Construction Group, Inc. ofConcord, California, with a bid of $188,200. Staff has reviewed the proposal submitted by CaliforniaHighway Construction Group, Inc. and determined that it is responsive and meets all bid requirements.California Highway Construction Group, Inc. is appropriately licensed and has completed projects ofsimilar size and complexity for Caltrans and the City of Fairfield.Staff recommends awarding the base bid ($133,000) for Ohio Street and Madison Street and additivealternate #1 at 1148 Ohio Street ($20,162.50) to California Highway Construction Group, Inc. for a totalamount of $153,162.50. Due to budgetary constraints, additive alternate #2 Great Jones Street($35,037) will not be awarded. The Project has $153,761 of Community Development Block Grant(CDBG) funding for construction.FINANCIAL IMPACTThe construction authorization for this project is $168,478.75, which is the total bid amount($153,162.50) plus a 10% contingency ($15,316.25). Funding for this work has been budgeted in theStreets Capital Fund (Fund 252, Divisions and Responsibility Code 99524). $153,761 of the cost willbe reimbursed by the 2021 CDBG, and the remaining cost of $14,717.75 will be funded by the Streetsand Walkway Improvements Streets Capital Fund (Fund 252, Division and Responsibility Code 99392).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA notice inviting bids for this Project was advertised twice in the Daily Republic newspaper onDecember 20 and 27, 2021. In addition, the Plans and Specifications were hosted through BPXPrinting & Graphics online Planroom. The initial advertisement emailed a notice of the Project andcomplete bid package to 10 builders’ exchanges in California, covering the area from Redding to SanJose and Stockton to Santa Rosa.ALTERNATIVE ACTIONThe council may choose not to award the contract, reject all bids and restart the bid process, thusresulting in a significant delay in the construction schedule. Not awarding the contract would postponeconstruction and hinder the CDBG funding expenditure deadline.STAFF CONTACTDavid Vong, Senior Civil Engineer(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionProposed ResolutionREVIEWERS:Reviewer Action DateKaushal, Paul Approved 1/18/2022 2:46 PM Panganiban, Ryan Approved 1/18/2022 4:07 PM
Alexander, Amber Approved 1/20/2022 11:55 AM
Alexander, Amber Approved 1/20/2022 11:56 AM
Packet Page 44 of 72

CITY OF FAIRFIELD

RESOLUTION NO. 2022-19

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING PLANS AND

SPECIFICATIONS AND AWARDING A CONTRACT TO CALIFORNIA HIGHWAY CONSTRUCTION GROUP, INC. FOR THE HEART OF FAIRFIELD - CDBG DOWNTOWN SIDEWALK GAP CLOSURE

PROJECT

WHEREAS, the bid opening for the Heart of Fairfield - CDBG Downtown Sidewalk Gap Closure Project took place on January 10, 2022; and

WHEREAS, the apparent low bidder was California Highway Construction Group, Inc. in the amount of $188,200.00; and

WHEREAS, staff has reviewed the bid documents from California Highway Construction Group, Inc. and found them to be in order; and

WHEREAS, staff is recommending that the City Council award a contract to California Highway Construction Group, Inc. as the lowest responsible and responsive bidder in the amount of $153,162.50 ($133,000.00 Base Bid + $20,162.50 Additive Alternate #1).

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

Section 1. The plans and specifications for the Heart of Fairfield - CDBG Downtown Sidewalk Gap Closure Project are hereby approved.

Section 2. The city manager is directed to enter into a contract with California Highway Construction Group, Inc. for the Heart of Fairfield - CDBG Downtown Sidewalk Gap Closure Project for the amount of $153.162.50.

Section 3. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.

Section 4. The city manager is hereby authorized to implement the above-mentioned contract.

Packet Page 45 of 72Attachment 1 Page 1 of 2

RES. NO. 2022-19

Page 2 ends

PASSED AND ADOPTED this 1st day of February, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 46 of 72Attachment 1 Page 2 of 2

Agenda Item No: 10.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202220 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Three Ford Expedition Replacement Vehicles and Outfit Them with Specialized Safety Equipment for the Fire Department RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Fire Department unit numbers F0002, F0003, and F8881 are Ford Expeditions that have exceeded their useful life and are due for replacement. The replacement cost of these vehicles is included in the fiscal year (FY) 20212022 budget. Adoption of this resolution authorizes the city manager to purchase three Ford Expedition vehicles from Ford Lincoln Fairfield for the amount not to exceed $194,619.67.

DISCUSSION
The Fire Department currently utilizes Ford Expeditions as staff vehicles for response to incidents throughout the state. These vehicles are also used for travel to statewide classes and specialty training.

Unit numbers F0002, F0003, and F8881 are over 20 years old, past their useful life, are not reliable for firstline service, and need replacement. Staff recommends the purchase of three Ford Expeditions and equipping each vehicle with the appropriate lighting and specialized equipment packages, so the vehicles are ready for staff needs.

On November 18, 2021, the City solicited bids to purchase three Ford Expeditions. Two bids were opened on December 22, 2021, with Ford Lincoln Fairfield being the sole responsive bidder. The bid price for three Ford Expeditions is $133,846.67. Staff utilizes Wattco for outfitting on all fire department units for standardization purposes. The cost to outfit the three Expeditions with critical lighting and specialized safety equipment is $43,080. Staff has experienced supply chain issues over the last year, causing delays in the procurement of specialty products such as Ford Expeditions and prices to rise. To account for potential price increases after placing the order, the staff recommends a 10% price increase contingency of $17,693 for a total authorization of $194,619.67.

FINANCIAL IMPACT
The total cost for purchase of three Fire Expedition vehicles is nottoexceed $194,619.67 Packet Page 47 of 72

Agenda Item No: 10.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202220 of the City Council of the City of Fairfield Authorizing the CityManager to Purchase Three Ford Expedition Replacement Vehicles and Outfit Themwith Specialized Safety Equipment for the Fire DepartmentRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEFire Department unit numbers F0002, F0003, and F8881 are Ford Expeditions that have exceededtheir useful life and are due for replacement. The replacement cost of these vehicles is included in thefiscal year (FY) 20212022 budget. Adoption of this resolution authorizes the city manager to purchasethree Ford Expedition vehicles from Ford Lincoln Fairfield for the amount not to exceed $194,619.67.DISCUSSIONThe Fire Department currently utilizes Ford Expeditions as staff vehicles for response to incidentsthroughout the state. These vehicles are also used for travel to statewide classes and specialty training.Unit numbers F0002, F0003, and F8881 are over 20 years old, past their useful life, are not reliable forfirstline service, and need replacement. Staff recommends the purchase of three Ford Expeditions andequipping each vehicle with the appropriate lighting and specialized equipment packages, so thevehicles are ready for staff needs.On November 18, 2021, the City solicited bids to purchase three Ford Expeditions. Two bids wereopened on December 22, 2021, with Ford Lincoln Fairfield being the sole responsive bidder. The bidprice for three Ford Expeditions is $133,846.67. Staff utilizes Wattco for outfitting on all fire departmentunits for standardization purposes. The cost to outfit the three Expeditions with critical lighting andspecialized safety equipment is $43,080. Staff has experienced supply chain issues over the last year,causing delays in the procurement of specialty products such as Ford Expeditions and prices to rise. Toaccount for potential price increases after placing the order, the staff recommends a 10% priceincrease contingency of $17,693 for a total authorization of $194,619.67.

FINANCIAL IMPACT
The total cost for purchase of three Fire Expedition vehicles is nottoexceed $194,619.67 ($133,846.67 base cost + $43,080 to outfit + $17,693 contingency). This purchase is budgeted in the FY 20212022 Fire Department Vehicle Replacement Fund Budget (Fund 512, Division and Responsibility Code 55009).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council could reject this acquisition; however, this is not recommended because of the need to provide safe, serviceable, and costeffective fire fleet vehicles.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
Finance Department, Fire Department
ATTACHMENTS:

Description
Bid List
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 1/18/2022 7:01 PM
Alexander, Amber Approved 1/24/2022 11:18 AM
Alexander, Amber Approved 1/24/2022 11:18 AM
Packet Page 48 of 72

Attachment 1

BASE BID FOR THREE FORD EXPEDITION 4X4 SSV VEHICLES

Specification 21-002

December 22, 2021

No. Bidder Base Bid Price Tax 8.375 DMV
Fee
Tire
Fee
*1%
Discount
from Base
Bid
Bid
Evaluation
with
Deduction
1 Ford Lincoln Fairfield $123,396.00 $10,334.42 $90.00 $26.25 $1,233.96 $132,612.71 2 Napa Ford Non-responsive N/A N/A N/A N/A N/A
3 Downtown Ford No Bid N/A N/A N/A N/A N/A
4 Big Valley Ford No Bid N/A N/A N/A N/A N/A
5 Future Ford No Bid N/A N/A N/A N/A N/A
6 Ron DuPratt Ford No Bid N/A N/A N/A N/A N/A

*City of Fairfield Administrative Policy Chapter 400, Section 7, states, “When the vendor is located in Fairfield, an amount equal to the local share of the sales and transaction use taxes received by the City on the item(s) subject to bid shall be deducted from that vendor’s bid price for the purpose of evaluating the bids”.

Packet Page 49 of 72Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-20

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO

PURCHASE THREE FORD EXPEDITION REPLACEMENT VEHICLES AND OUTFIT THEM WITH SPECIALIZED

SAFETY EQUIPMENT FOR THE FIRE DEPARTMENT

WHEREAS, the Fire Department is in need of three replacement Ford Expedition vehicles; and

WHEREAS, bids were sent out October 28, 2021, and opened December 22, 2021, with Ford Lincoln Fairfield being the lowest sole bidder; and

WHEREAS, there is a need to outfit these vehicles with highly specialized safety equipment; and

WHEREAS, the City uses a standard lighting and safety outfitting package with Wattco.

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

Section 1. The city manager is hereby authorized and directed to purchase three Ford Expedition vehicles from Ford Lincoln Fairfield for the amount of $133,846.67.

Section 2. The City Council hereby suspends competitive bidding and authorizes the city manager to outfit these vehicles with specialized safety equipment for an amount not-to-exceed $43,080.

Section 3. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $17,693.

PASSED AND ADOPTED this 1st day of February, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________
Packet Page 50 of 72Attachment 2 Page 1 of 1

Agenda Item No: 11.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202221 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Ten Replacement Police Interceptor Utility Vehicles and Outfit Them with Specialized Safety Equipment and Graphics for the Police Department RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Police Department (PD) has ten Police Interceptor Utility (PIU) vehicles that have exceeded their useful life and are due for replacement. The replacement cost of these vehicles is included in the fiscal year (FY) 20212022 budget. Adoption of this resolution authorizes the city manager to purchase ten PIU vehicles from Ford Lincoln Fairfield for $765,385.50.

DISCUSSION
PD currently utilizes Ford Crown Victoria and Explorer PIUs as patrol vehicles. Ford no longer produces the Crown Victoria model, and the City is transitioning to the exclusive use of the Ford Explorer PIU.

The PIU vehicles allow PD staff to manage critical incidents safely and effectively in the field.

Ten of the existing PIU vehicles have outlived their useful life, are no longer reliable for firstline service, and need to be replaced: unit numbers 102, 109, and 203 in the Traffic Division, unit numbers 191 and 204 in the Investigations Division, and unit numbers 54, 80, 115, 135, and 143 in the Patrol Division.

Staff recommends the purchase of 10 replacement PIU vehicles and equipping each vehicle with the appropriate lighting, graphics, and specialized equipment packages, so the vehicles are ready for staff needs.

On October 28, 2021, the City solicited separate bids to purchase three PIUs for the Traffic Division and two PIUs for the Investigations Division. On December 7, 2021, two bids for the Traffic Division were opened, with Ford Lincoln Fairfield being the sole responsive bidder with a base bid of $144,833.

On December 14, 2021, two bids for the Investigations Division were opened, with Ford Lincoln Fairfield being the sole responsive bidder with a base bid of $96,594. In November 2021, the City solicited two bids to purchase five PIUs for the Patrol Division. On November 30, 2021, Ford Lincoln Fairfield was the sole responsive bidder with a base bid of $239,103. The total of all bids received is Packet Page 51 of 72

Agenda Item No: 11.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202221 of the City Council of the City of Fairfield Authorizing the CityManager to Purchase Ten Replacement Police Interceptor Utility Vehicles and OutfitThem with Specialized Safety Equipment and Graphics for the Police DepartmentRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Police Department (PD) has ten Police Interceptor Utility (PIU) vehicles that have exceeded theiruseful life and are due for replacement. The replacement cost of these vehicles is included in the fiscalyear (FY) 20212022 budget. Adoption of this resolution authorizes the city manager to purchase tenPIU vehicles from Ford Lincoln Fairfield for $765,385.50.DISCUSSIONPD currently utilizes Ford Crown Victoria and Explorer PIUs as patrol vehicles. Ford no longer producesthe Crown Victoria model, and the City is transitioning to the exclusive use of the Ford Explorer PIU.The PIU vehicles allow PD staff to manage critical incidents safely and effectively in the field. Ten of the existing PIU vehicles have outlived their useful life, are no longer reliable for firstline service,and need to be replaced: unit numbers 102, 109, and 203 in the Traffic Division, unit numbers 191 and204 in the Investigations Division, and unit numbers 54, 80, 115, 135, and 143 in the Patrol Division.Staff recommends the purchase of 10 replacement PIU vehicles and equipping each vehicle with theappropriate lighting, graphics, and specialized equipment packages, so the vehicles are ready for staffneeds.On October 28, 2021, the City solicited separate bids to purchase three PIUs for the Traffic Divisionand two PIUs for the Investigations Division. On December 7, 2021, two bids for the Traffic Divisionwere opened, with Ford Lincoln Fairfield being the sole responsive bidder with a base bid of $144,833.On December 14, 2021, two bids for the Investigations Division were opened, with Ford LincolnFairfield being the sole responsive bidder with a base bid of $96,594. In November 2021, the City solicited two bids to purchase five PIUs for the Patrol Division. On November 30, 2021, Ford Lincoln Fairfield was the sole responsive bidder with a base bid of $239,103. The total of all bids received is $480,530.

The City utilizes Wattco for PD vehicle outfitting and JC Graphix for exterior police graphics on all PD units for standardization purposes. The cost to outfit the PIUs with critical lighting and specialized safety equipment is $60,495 for the Traffic Division, $40,330 for the Investigations Division, and $114,450 for the Patrol Division, for a total of $215,275.

Staff has experienced supply chain issues over the last year, causing delays in procuring specialty products such as PIU’s and rising prices. To account for potential price increases after placing the order, the staff recommends a 10% price increase contingency of $69,581 for a total authorization of $765,385.50.

FINANCIAL IMPACT
The total cost for purchase of ten PIU vehicles is nottoexceed $765,385.50 ($480,530 base cost + $215,275 to outfit + $69,581 contingency). This purchase is budgeted in the FY 20212022 Police Department Vehicle Replacement Fund Budget (Fund 512, Division 54, and Responsibility Code 004).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council could reject these acquisitions; however, this is not recommended because of the need to provide safe, serviceable, and costeffective police fleet vehicles.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
Finance Department, Police Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Bid List Traffic Division
Attachment 3: Bid List Investigations Division
Attachment 4: Bid List Patrol Division
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 1/18/2022 8:49 PM
Alexander, Amber Approved 1/20/2022 12:18 PM
Alexander, Amber Approved 1/20/2022 12:18 PM
Packet Page 52 of 72

CITY OF FAIRFIELD

RESOLUTION NO. 2022-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO PURCHASE TEN REPLACEMENT POLICE INTERCEPTOR UTILITY VEHICLES AND

OUTFIT THEM WITH SPECIALIZED SAFETY EQUIPMENT AND GRAPHICS FOR THE POLICE

DEPARTMENT

WHEREAS, the Police Department is in need of ten replacement Police Interceptor Utility (PIU) vehicles; and

WHEREAS, on October 28, 2021, the city solicited separate bids for the purchase of three PIUs for the Traffic Division and two PIUs for the Investigations Division; and

WHEREAS, in November 2021 the city solicited bids for the purchase of five PIUs for the Patrol Division; and

WHEREAS, on November 30, 2021, December 7, 2021, December 14, 2021 bids were opened for the Patrol, Traffic and Investigations Divisions, respectively; and

WHEREAS, Ford Lincoln Fairfield was the sole responsive bidder for all three solicitations; and

WHEREAS, there is a need to outfit these vehicles with highly specialized lighting safety equipment; and

WHEREAS, the city contracts with Wattco for a specialized lighting and safety equipment outfitting package; and

WHEREAS, the city contracts with JC Graphix for specialized exterior police graphics.

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

Section 1. The city manager is hereby authorized and directed to purchase ten Ford Police Interceptor Utility vehicles from Ford Lincoln Fairfield for the amount of $480,530.

Section 2. The City Council hereby suspends competitive bidding and authorizes the city manager to outfit these vehicles with specialized safety equipment and graphics for an amount not-to-exceed $215,275.

Section 3. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $69,581.

Packet Page 53 of 72Attachment 1 Page 1 of 2

RES. NO. 2022-21

Page 2 ends

PASSED AND ADOPTED this 1st day of February, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK

Packet Page 54 of 72Attachment 1 Page 2 of 2

BASE BID FOR THREE FORD EXPLORER POLICE INTERCEPTOR UTILITY

VEHICLES
Specification 21-320
December 7, 2021
No. Bidder Base Bid Price Tax 8.375 DMV
Fee
Tire
Fee
*1%
Discount
from Base
Bid
Bid
Evaluation
with
Deduction
1 Ford Lincoln Fairfield $133,533.00 $11,183.39 $90.00 $26.25 $1,335.33 $143,497.31 2 Napa Ford Non-responsive N/A N/A N/A N/A N/A
3 Downtown Ford No Bid N/A N/A N/A N/A N/A
4 Big Valley Ford No Bid N/A N/A N/A N/A N/A
5 Future Ford No Bid N/A N/A N/A N/A N/A
6 Ron DuPratt Ford No Bid N/A N/A N/A N/A N/A
*City of Fairfield Administrative Policy Chapter 400, Section 7, states, “When the vendor is located in Fairfield, an amount equal to the local share of the sales and transaction use taxes received by the City on the item(s) subject to bid shall be deducted from that vendor’s bid price for the purpose of evaluating the bids”.

Packet Page 55 of 72Attachment 2 Page 1 of 1

BASE BID FOR TWO FORD EXPLORER POLICE INTERCEPTOR UTILITY

VEHICLES
Specification 21-332
December 14, 2021
No. Bidder Base Bid Price Tax 8.375 DMV
Fee
Tire
Fee
*1%
Discount
from Base
Bid
Bid
Evaluation
with
Deduction
1 Ford Lincoln Fairfield $89,022.00 $7,455.60 $90.00 $26.25 $890.22 $95,703.63 2 Napa Ford Non-responsive N/A N/A N/A N/A N/A
3 Downtown Ford No Bid N/A N/A N/A N/A N/A
4 Big Valley Ford No Bid N/A N/A N/A N/A N/A
5 Future Ford No Bid N/A N/A N/A N/A N/A
6 Ron DuPratt Ford Non-responsive N/A N/A N/A N/A N/A
*City of Fairfield Administrative Policy Chapter 400, Section 7, states, “When the vendor is located in Fairfield, an amount equal to the local share of the sales and transaction use taxes received by the City on the item(s) subject to bid shall be deducted from that vendor’s bid price for the purpose of evaluating the bids”.

Packet Page 56 of 72Attachment 3 Page 1 of 1

BASE BID FOR 5 FORD EXPLORER POLICE INTERCEPTOR UTILITY VEHICLES Specification 21-326
November 30, 2021
No. Bidder Base Bid Price Tax 8.375 DMV
Fee
Tire
Fee
*1%
Discount
from Base
Bid
Bid
Evaluation
with
Deduction
1 Ford Lincoln Fairfield $220,445.00 $18,462.27 $150.00 $43.75 $2,204.45 $236,896.57 2 Napa Ford Non-responsive N/A N/A N/A N/A N/A
3 Downtown Ford No Bid N/A N/A N/A N/A N/A
4 Big Valley Ford No Bid N/A N/A N/A N/A N/A
5 Future Ford No Bid N/A N/A N/A N/A N/A
6 Ron DuPratt Ford No Bid N/A N/A N/A N/A N/A
*City of Fairfield Administrative Policy Chapter 400, Section 7, states, “When the vendor is located in Fairfield, an amount equal to the local share of the sales and transaction use taxes received by the City on the item(s) subject to bid shall be deducted from that vendor’s bid price for the purpose of evaluating the bids”.

Packet Page 57 of 72Attachment 4 Page 1 of 1

Agenda Item No: 12.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:First Reading and Introduction of Ordinance 202202 Adding Section 2A.6 Electronic Filing of Campaign Statements to Chapter 2A of the Fairfield Municipal Code to Require Electronic Filing of Fair Political Practices Commission Campaign Disclosure Statements
RECOMMENDED ACTION
Waive full reading, read by title only; and introduce ordinance for first reading.

STATEMENT OF ISSUE
The City of Fairfield is currently a paperfiling agency for statutory Fair Political Practices Commission (FPPC) campaign disclosure forms. Appointed officials, City Council candidates, and campaign committees may only file their statements in hard copy form with an original signature per FPPC regulations.

Pursuant to Government Code Section 84615, local agencies may mandate electronic filing of FPPC disclosure statements. To increase efficiency and facilitate compliance with state law and FPPC regulations, the City Clerk’s Office looks to employ a system for electronic filing of economic and financial disclosure statements for all required filers in the City of Fairfield organization. In addition to increased efficiency, electronic filing will eliminate the need for wet signatures, redact statements posted online, and automatically link to the FPPC’s system. If approved, all filers will be required to submit their statutory filings through the automated system, and the City will no longer accept paper filings. However, to support the City’s efforts towards diversity, equity, and inclusion, the City Clerk, as the City’s filing officer, will have the right to accept a paper filing in place of an electronic filing at the City Clerk’s discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request. Examples of exceptions may include limited access to an electronic device or internet connection.

For the City of Fairfield to accept electronically filed statements, the council must adopt an ordinance permitting an online filing system for filing and designating the filings received electronically by the City Clerk’s Office as the filings of record for the City. The system must operate securely and effectively, be of no cost to filers, be available to the public to view filings, not place an undue burden on filers, and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury.

Packet Page 58 of 72

DISCUSSION
The City Clerk’s Office entered into a contract with NetFile. Netfile is a hosted solution explicitly created for cities and counties responsible for administering campaign finance filings and Statements of Economic Interest, which meets the requirements of the Secretary of State and allows for the electronic and paperless filing of campaign statements. NetFile is widely used by other agencies in the region and throughout California.

Campaign Finance Disclosure Statements (Form 460)
The NetFile system can accommodate the online filing of several types of required forms by the FPPC, including Forms 460, 470, 496, and 497, the most commonly used in the City of Fairfield’s local election campaigns. Adoption of the proposed ordinance is required to implement electronic filings of the campaign finance component of the NetFile system. It will only apply to those filers that exceed a threshold of $2,000 for expending or receiving campaign funds. This threshold is consistent with the Political Reform Act (the Act), recognizing campaigns that spend or raise more than $2,000 as Controlled Committees. Under the Act, these committees are obligated to file detailed campaign finance disclosure statements, also known as Form 460s. Those smaller campaigns that do not exceed the $2,000 threshold may continue to file paper versions of the Form 470 disclosure forms.

Upon adoption of the ordinance, all required filers of campaign disclosure statements will use the online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year.

An alternative to the proposed mandate ordinance is to provide optin electronic filings, allowing FPPC statements to be filed electronically, but paper filings would still be accepted. To maintain consistency with processing and publishing filers’ FPPC statements, staff does not recommend the “optin” ordinance. The proposed mandate ordinance will still allow the city clerk to accept a paper filing in lieu of an electronic filing at the city clerk’s discretion, under certain circumstances, and to accommodate an ADA request.

To ensure a smooth transition, NetFile and the City Clerk’s Office can offer extensive training to filers as part of the agreement. City staff, individual filers, and treasurers can schedule oneonone training with NetFile to cover the entire electronic filing process. Training includes:
the setup of filer accounts
explaining the online filing process
demonstrating the data input and saving reports
preparing statements for esignature
finalizing statements for electronic filing
In terms of security, the NetFile system is a webbased, vendorhosted application that utilizes “industry best practices” for securing data, using the same data encryption for online filings that banks use for online banking. NetFile stores and backs up data at three separate locations, creating the essential safety measures and redundancy that will allow for the recovery of information in an emergency or disaster. The City’s data will be retained for the required minimum 10year period.

Implementation of the NetFile system will promote transparency and provide convenience for committees, individuals, and the public. It offers 24hour filing and viewing accessibility of campaign finance information from any computer, anywhere. In certain instances, the NetFile program will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted required information under the Act (e.g., missing addresses or the stated occupation of individual donors).

Government Code Section 84615
Packet Page 59 of 72

Agenda Item No: 12.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:First Reading and Introduction of Ordinance 202202 Adding Section 2A.6 ElectronicFiling of Campaign Statements to Chapter 2A of the Fairfield Municipal Code toRequire Electronic Filing of Fair Political Practices Commission Campaign DisclosureStatementsRECOMMENDED ACTIONWaive full reading, read by title only; and introduce ordinance for first reading.STATEMENT OF ISSUEThe City of Fairfield is currently a paperfiling agency for statutory Fair Political Practices Commission(FPPC) campaign disclosure forms. Appointed officials, City Council candidates, and campaigncommittees may only file their statements in hard copy form with an original signature per FPPCregulations. Pursuant to Government Code Section 84615, local agencies may mandate electronic filing of FPPCdisclosure statements. To increase efficiency and facilitate compliance with state law and FPPCregulations, the City Clerk’s Office looks to employ a system for electronic filing of economic andfinancial disclosure statements for all required filers in the City of Fairfield organization. In addition toincreased efficiency, electronic filing will eliminate the need for wet signatures, redact statementsposted online, and automatically link to the FPPC’s system. If approved, all filers will be required tosubmit their statutory filings through the automated system, and the City will no longer accept paperfilings. However, to support the City’s efforts towards diversity, equity, and inclusion, the City Clerk, asthe City’s filing officer, will have the right to accept a paper filing in place of an electronic filing at the CityClerk’s discretion, under certain circumstances, and to accommodate an Americans with DisabilitiesAct (ADA) request. Examples of exceptions may include limited access to an electronic device orinternet connection. For the City of Fairfield to accept electronically filed statements, the council must adopt an ordinancepermitting an online filing system for filing and designating the filings received electronically by the CityClerk’s Office as the filings of record for the City. The system must operate securely and effectively, beof no cost to filers, be available to the public to view filings, not place an undue burden on filers, andinclude procedures for filers to comply with the requirement that they sign statements and reports underpenalty of perjury.DISCUSSIONThe City Clerk’s Office entered into a contract with NetFile. Netfile is a hosted solution explicitly createdfor cities and counties responsible for administering campaign finance filings and Statements ofEconomic Interest, which meets the requirements of the Secretary of State and allows for the electronicand paperless filing of campaign statements. NetFile is widely used by other agencies in the region andthroughout California.Campaign Finance Disclosure Statements (Form 460)The NetFile system can accommodate the online filing of several types of required forms by the FPPC,including Forms 460, 470, 496, and 497, the most commonly used in the City of Fairfield’s localelection campaigns. Adoption of the proposed ordinance is required to implement electronic filings ofthe campaign finance component of the NetFile system. It will only apply to those filers that exceed athreshold of $2,000 for expending or receiving campaign funds. This threshold is consistent with thePolitical Reform Act (the Act), recognizing campaigns that spend or raise more than $2,000 asControlled Committees. Under the Act, these committees are obligated to file detailed campaignfinance disclosure statements, also known as Form 460s. Those smaller campaigns that do not exceedthe $2,000 threshold may continue to file paper versions of the Form 470 disclosure forms.Upon adoption of the ordinance, all required filers of campaign disclosure statements will use the onlinesystem, unless exempt from the requirement to file online pursuant to Government Code Section84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions andmakes less than $2,000 in expenditures in a calendar year.An alternative to the proposed mandate ordinance is to provide optin electronic filings, allowing FPPCstatements to be filed electronically, but paper filings would still be accepted. To maintain consistencywith processing and publishing filers’ FPPC statements, staff does not recommend the “optin”ordinance. The proposed mandate ordinance will still allow the city clerk to accept a paper filing in lieuof an electronic filing at the city clerk’s discretion, under certain circumstances, and to accommodate anADA request.To ensure a smooth transition, NetFile and the City Clerk’s Office can offer extensive training to filers aspart of the agreement. City staff, individual filers, and treasurers can schedule oneonone training withNetFile to cover the entire electronic filing process. Training includes:the setup of filer accountsexplaining the online filing processdemonstrating the data input and saving reportspreparing statements for esignaturefinalizing statements for electronic filingIn terms of security, the NetFile system is a webbased, vendorhosted application that utilizes “industrybest practices” for securing data, using the same data encryption for online filings that banks use foronline banking. NetFile stores and backs up data at three separate locations, creating the essentialsafety measures and redundancy that will allow for the recovery of information in an emergency ordisaster. The City’s data will be retained for the required minimum 10year period.Implementation of the NetFile system will promote transparency and provide convenience forcommittees, individuals, and the public. It offers 24hour filing and viewing accessibility of campaignfinance information from any computer, anywhere. In certain instances, the NetFile program will alsoincrease the accuracy of filed campaign statements by prohibiting any filings that may haveinadvertently omitted required information under the Act (e.g., missing addresses or the stated occupation of individual donors).

Government Code Section 84615
A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) to file online or electronically. The exception is if the officer, candidate, or committee receives less than $2000 in contributions and has less than $2000 in expenditures in a calendar year.

The following is a summary of requirements that local government agencies must meet:
(1) Local legislative body must adopt an ordinance approving such online filing and include a legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers;
(2) Electronic system used must accept filings that are compatible with a format developed by Secretary of State, must ensure security and integrity of data, and must provide a way for an electronic filer to sign under penalty of perjury;
(3) No charge to file;
(4) File date will be the date received by the local filing officer; (5) Specifies that a timely electronic confirmation along with a copy of filing kept by filer constitute a rebuttable presumption that filing was timely;
(6) Filings must be made available on Internet, with specific information removed, and requires local filing officer to make complete and unredacted copies of electronic filings available to any person upon request;
(7) Data shall be maintained for at least ten years for audit purposes and then may then be archived in a secure format;
(8) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format.

The requirements from Government Code Section 84615 have been incorporated in the proposed ordinance for the City to transition to an electronic filing system (Exhibit A) to comply with state law.

FINANCIAL IMPACT
The contract amount for the NetFile system is $8,295 a year for five years. The contract covers filing conflictofinterest statements (Form 700) for employees under the City’s conflict of interest code, and that system is already active.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None
ALTERNATIVE ACTION
The council may elect not to introduce the ordinance and remain a paper filing agency or may instead enact an “optin” ordinance where electronic filing will be optional but not required.

STAFF CONTACT
Amber Alexander, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Packet Page 60 of 72

Description
Proposed Ordinance
Exhibit A Government Code 84615
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 1/20/2022 10:27 AM
Packet Page 61 of 72

CITY OF FAIRFIELD

ORDINANCE NO. 2022-02

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADDING SECTION 2A.6 ELECTRONIC FILING OF CAMPAIGN STATEMENTS TO CHAPTER 2A OF THE FAIRFIELD MUNICIPAL CODE TO

REQUIRE ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE

STATEMENTS

WHEREAS, California Government Code Section 84615 provides that a legislative body of local government agency may adopt an ordinance that requires an elected offer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less tha n two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and
WHEREAS, the City Council expressly finds and determines that NetFile software web-based system, as proposed by the city clerk, contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and WHEREAS, the software used by NetFile's electronic filing system has been certified by the Secretary of State and meets the requirements set by Government Code Section 84615; and WHEREAS, the city clerk or designee, and NetFile will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.

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

SECTION 1. Section 2A.06 of Chapter 2A of the Fairfield Municipal Code is hereby added to read as follows:

“Section 2A.6 Electronic Filing of Campaign Statements.” A. Any elected officer, candidate, committee or other person required to file statements, reports or other documents required by Chapter 4 (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee or other person who receives contributions totaling less than two thousand dollars ($2,000) and makes expenditures totaling less than two thousand dollars ($2,000) in a calendar year, shall file those statements, reports or other documents online or electronically with the city clerk.

B. The city clerk shall issue an electronic confirmation that notifies the filer that the statement was received, and the notification shall include the date and the time tha t the statement was received and the method by which the filer may view and print the data received. The date of filing for a statement filed online shall be the day that it is received by the city clerk.

C. While electronic filing of statements will be mandated under this ordinance, the city clerk or designee, as the City’s filing officer, will have the right to accept a paper filing in lieu of an electronic Packet Page 62 of 72Attachment 1 Page 1 of 2

ORD. NO. 2022-02

Page 2 ends

filing at the city clerk’s discretion, under certain circumstances including when the city clerk’s electronic system is not capable of accepting a particular type of statement, report, or other document, and to accommodate an Americans with Disabilities Act (ADA) request.

SECTION 2. This ordinance shall be effective 30 days following its adoption by the City Council. A summary of this ordinance shall, within 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 councilm embers voting for and against it.

SECTION 3. CEQA Exemption: This proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The ordinance is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council of the City of Fairfield hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of February, 2022, and

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

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:

_________________________

CITY CLERK
Packet Page 63 of 72Attachment 1 Page 2 of 2

TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. )
84615.

GOVERNMENT CODE - GOV

CHAPTER 4.6. Online Disclosure Act of 1997 [84600 - 84616] ( Chapter 4.6 added by Stats. 1997, Ch. 866, Sec. 1. )

A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than two thousand dollars ($2,000), and makes expenditures totaling less than two thousand dollars ($2,000) in a calendar year, to file those statements, reports, or other documents online or electronically with a local filing officer. A local government agency that requires online or electronic filing pursuant to this section shall comply with all of the following:
(a) The legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing, which shall include a legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers. The ordinance adopted by the legislative body for the local government agency may, at the discretion of that legislative body, specify that the electronic or online filing requirements apply only to specifically identified types of filings or are triggered only by identified monetary thresholds. In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the local government agency, the ordinance may permit, but shall not require, that the copy be filed online or electronically. (b) The online or electronic filing system shall accept a filing in the standardized record format that was developed by the Secretary of State pursuant to paragraph (2) of subdivision (a) of Section 84602, or the local government agency may transition to the Cal- Access Replacement System format, and then the system shall accept a filing in the new standardized record format developed by the Secretary of State pursuant to subdivision (b) of Section 84602, and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.
(c) The online or electronic filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. (d) (1) The local filing officer shall issue to a person who files a statement, report, or other document online or electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the filing officer and the method by which the filer may view and print the data received by the filing officer. (2) A copy retained by the filer of a statement, report, or other document that was filed online or electronically and the confirmation issued pursuant to paragraph (1) that shows the filer timely filed the statement, report, or other document shall create a rebuttable presumption that the filer timely filed the statement, report, or other document. (e) The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the local filing officer.
(f) The local filing officer shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The local filing officer shall make a complete, unredacted copy of any statement, report, or other document filed pursuant to this section, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.

Packet Page 64 of 72Attachment 2 Page 1 of 2

(g) The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004. (h) The local government agency shall enable filers to complete and submit filings free of charge. (i) The local filing officer shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement, report, or other document filed pursuant to this section, which shall serve as the official version of that record for purpose of audits and any other legal purpose. Data that has been maintained for at least 10 years may then be archived in a secure format.
(j) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format. (Amended by Stats. 2018, Ch. 662, Sec. 28. (SB 1239) Effective January 1, 2019. Conditionally operative on date prescribed by Stats. 2018, Ch. 662, Sec. 44.)
Packet Page 65 of 72Attachment 2 Page 2 of 2

Agenda Item No: 13.

AGENDA REPORT
DATE:February 1, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing;
and First Reading and Introduction of Ordinance 202203 of the City Council of the City of Fairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit the Number of Absences Planning Commissioners Are Permitted Within Twelve Months RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only; and introduce ordinance for first reading.

STATEMENT OF ISSUE
Councilmember Tonnesen requested Section 2.24.1 of the Fairfield Municipal Code to be amended to limit the number of absences Planning Commissioners are permitted within twelve months.

Commissioners are allowed two nonexempt absences.

DISCUSSION
On April 20, 2021, the City Council adopted Ordinance 202106, establishing an attendance standard for the commission.

The adopted ordinance added Section 2.24.1 to the Fairfield Municipal Code, Chapter 2, Article V (Planning Commission) and read as follows:
"2.24.1 Failure to attend meetings."
Any Planning Commissioner who fails to attend three (3) consecutive regular meetings or five (5) regular meetings in any twelve month period, without consent of the Planning Commission, will be subject to removal by the City Council. Absences due to a medical or family emergency shall be exempt from this section, pending a review and approval by the commission." On December 7, 2021, Councilmember Tonnesen requested staff modify the current attendance requirements in this section to limit the number of meetings to two regularly scheduled meetings that commissioners can miss in a year.

The proposed ordinance includes a provision that expands the definition of allowable absences to Packet Page 66 of 72

The proposed ordinance includes a provision that expands the definition of allowable absences to include occurrences caused by unforeseen and urgent circumstances. It also establishes the limit of permissible absences to two in twelve months. Last, the ordinance establishes the procedure if a commissioner violates the attendance policy outlined in the section.

The proposed ordinance modifies Section 2.24.1 to read as follows:
"2.24.1 Failure to attend meetings."
A Planning Commissioner may have a maximum of two absences in any twelvemonth period.

Absences due to a medical or family emergency or similar unforeseen and urgent circumstances shall be exempt from this section, pending a review and approval by the secretary of the commission.

Requests for exemption shall be provided in writing to the secretary no later than 48 hours after the start time of the meeting."
If the commissioner incurs a third nonexempt absence during the twelve months, the commissioner will be deemed to have resigned their position.

The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor, notifying them that they have exceeded the number of absences allowed under this policy, and therefore, have resigned their position. Upon issuance of the letter, the position shall be deemed vacant.

Another ordinance is also proposed as an alternative. The proposed alternate ordinance includes all provisions from the original proposal and notifies the mayor and council to agendize the commissioner's third nonexempt absence. The council, by majority vote, may choose to remove the commissioner after they violate the attendance policy.

The proposed alternate ordinance modifies Section 2.24.1 to read as follows:
"2.24.1 Failure to attend meetings."
A Planning Commissioner may have a maximum of two absences in any twelvemonth period.

Absences due to a medical, family emergency, or similar unforeseen and urgent circumstances shall be exempt from this section, pending a review and approval by the secretary of the commission. Requests for exemption shall be provided in writing to the secretary no later than 48 hours before the start time of the meeting."
Suppose the commissioner incurs a third nonexempt absence during the twelve months. In that case, the commission's secretary shall notify the mayor and obtain confirmation to agendize the commissioner's absences, where they will be subject to removal by a majority vote of the council. Upon a vote to remove the commissioner, the position shall be deemed vacant.

FINANCIAL IMPACT
There are no financial impacts to the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on January 21, 2022. The City has received no questions or comments regarding this proposal at the time of this writing.

No advisory body has reviewed or provided input on the proposed ordinance.

Packet Page 67 of 72

Agenda Item No: 13.AGENDA REPORTDATE:February 1, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing;and First Reading and Introduction of Ordinance 202203 of the City Council of the Cityof Fairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit theNumber of Absences Planning Commissioners Are Permitted Within Twelve MonthsRECOMMENDED ACTIONHold public hearing; waive full reading, read by title only; and introduce ordinance for first reading.STATEMENT OF ISSUECouncilmember Tonnesen requested Section 2.24.1 of the Fairfield Municipal Code to be amended tolimit the number of absences Planning Commissioners are permitted within twelve months.Commissioners are allowed two nonexempt absences.DISCUSSIONOn April 20, 2021, the City Council adopted Ordinance 202106, establishing an attendance standardfor the commission.The adopted ordinance added Section 2.24.1 to the Fairfield Municipal Code, Chapter 2, Article V(Planning Commission) and read as follows: "2.24.1 Failure to attend meetings."Any Planning Commissioner who fails to attend three (3) consecutive regular meetings or five (5)regular meetings in any twelve month period, without consent of the Planning Commission, will besubject to removal by the City Council. Absences due to a medical or family emergency shall be exemptfrom this section, pending a review and approval by the commission."On December 7, 2021, Councilmember Tonnesen requested staff modify the current attendancerequirements in this section to limit the number of meetings to two regularly scheduled meetings thatcommissioners can miss in a year.The proposed ordinance includes a provision that expands the definition of allowable absences toinclude occurrences caused by unforeseen and urgent circumstances. It also establishes the limit ofpermissible absences to two in twelve months. Last, the ordinance establishes the procedure if acommissioner violates the attendance policy outlined in the section. The proposed ordinance modifies Section 2.24.1 to read as follows:"2.24.1 Failure to attend meetings."A Planning Commissioner may have a maximum of two absences in any twelvemonth period.Absences due to a medical or family emergency or similar unforeseen and urgent circumstances shallbe exempt from this section, pending a review and approval by the secretary of the commission.Requests for exemption shall be provided in writing to the secretary no later than 48 hours after the starttime of the meeting." If the commissioner incurs a third nonexempt absence during the twelve months, the commissioner willbe deemed to have resigned their position. The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor,notifying them that they have exceeded the number of absences allowed under this policy, andtherefore, have resigned their position. Upon issuance of the letter, the position shall be deemedvacant.Another ordinance is also proposed as an alternative. The proposed alternate ordinance includes allprovisions from the original proposal and notifies the mayor and council to agendize thecommissioner's third nonexempt absence. The council, by majority vote, may choose to remove thecommissioner after they violate the attendance policy. The proposed alternate ordinance modifies Section 2.24.1 to read as follows:"2.24.1 Failure to attend meetings."A Planning Commissioner may have a maximum of two absences in any twelvemonth period.Absences due to a medical, family emergency, or similar unforeseen and urgent circumstances shall beexempt from this section, pending a review and approval by the secretary of the commission. Requestsfor exemption shall be provided in writing to the secretary no later than 48 hours before the start time ofthe meeting." Suppose the commissioner incurs a third nonexempt absence during the twelve months. In that case,the commission's secretary shall notify the mayor and obtain confirmation to agendize thecommissioner's absences, where they will be subject to removal by a majority vote of the council. Upona vote to remove the commissioner, the position shall be deemed vacant.FINANCIAL IMPACTThere are no financial impacts to the City.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA public hearing notice was published in the Daily Republic newspaper on January 21, 2022. The Cityhas received no questions or comments regarding this proposal at the time of this writing.No advisory body has reviewed or provided input on the proposed ordinance.

ALTERNATIVE ACTION
The council may choose not to adopt the proposed or alternative ordinance, adopt portions of the ordinance(s) regarding the definition or requirements, or direct staff to return with revisions to the ordinance(s).

STAFF CONTACT
Jonathan Luong, Management Analyst I
(707) 4287463
[email protected]
COORDINATED WITH
City Manager's Office
ATTACHMENTS:

Description
Proposed Ordinance
Proposed Alternate Ordinance
REVIEWERS:

Reviewer Action Date
Gassaway, David Approved 1/18/2022 2:07 PM
Alexander, Amber Approved 1/20/2022 10:51 AM
Alexander, Amber Approved 1/20/2022 10:54 AM
Packet Page 68 of 72

CITY OF FAIRFIELD

ORDINANCE NO. 2022-03A

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 2.24.1 OF

THE FAIRFIELD MUNICIPAL CODE TO LIMIT THE NUMBER OF ABSENCES PLANNING

COMMISSIONERS ARE PERMITTED WITHIN TWELVE MONTHS

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

SECTION 1. Section 2.24.1 of Chapter 2, Article V. Planning Commission is amended as follows:

2.24.1 Failure to attend meetings.

A Planning Commissioner may have a maximum of two absences in any twelve-month period. Absences due to a medical or family emergency, or similar unforeseen and urgent circumstances shall be exempt from this Section, pending a review and approval by the secretary of the commission. Requests for exemption shall be provided in writing to the secretary no later than 48 hours before the start time of the meeting.

If the commissioner incurs a third non-exempt absence during the twelve-month period, the commissioner will be deemed to have resigned their position.

The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor, notifying them that they have exceeded the number of absences allowed under this policy, and therefore have resigned their position. Upon issuance of the letter, the position shall be deemed vacant.

SECTION 2. This ordinance shall be effective 30 days following its adoption by the City Council.

A summary of this ordinance shall, within 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 councilmembers voting for and against it.

Packet Page 69 of 72Attachment 1 Page 1 of 2

ORD. NO. 2022-03A

Page 2 ends

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of February, 2022, and

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

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
Packet Page 70 of 72Attachment 1 Page 2 of 2

CITY OF FAIRFIELD

ORDINANCE NO. 2022-03B

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 2.24.1 OF

THE FAIRFIELD MUNICIPAL CODE TO LIMIT THE NUMBER OF ABSENCES PLANNING

COMMISSIONERS ARE PERMITTED WITHIN TWELVE MONTHS

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

SECTION 1. Section 2.24.1 of Chapter 2, Article V. Planning Commission is amended as follows:

2.24.1 Failure to attend meetings.

A Planning Commissioner may have a maximum of two absences in any twelve-month period. Absences due to a medical, family emergency, or similar unforeseen and urgent circumstances shall be exempt from this Section, pending a review and approval by the secretary of the commission. Requests for exemption shall be provided in writing to the secretary no later than 48 hours before the start time of the meeting.

If the commissioner incurs a third non-exempt absence during the twelve-month period, the secretary of the commission shall notify the mayor and obtain confirmation to agendize the commissioner’s absences, where they will be subject to removal by a majority vote of the council.

Upon a vote to remove the commissioner, the position shall be deemed vacant.

SECTION 2. This ordinance shall be effective 30 days following its adoption by the council. A summary of this ordinance shall, within 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 councilmembers voting for and against it.

Packet Page 71 of 72Attachment 2 Page 1 of 2

ORD. NO. 2022-03B

Page 2 ends

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of February, 2022, and

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

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
Packet Page 72 of 72Attachment 2 Page 2 of 2

Fairfield City CouncilFebruary 1, 2022

Fairfield City Council
February 1, 2022