Agenda, first session — Fairfield City Council, February 15, 2022 (part 2 of 2)

PASSED AND ADOPTED this 16th day of October, 2018, by the following vote:

AYES: COUNCILMEMBERS: PRICE/TIMM/BERTANI/MOYNACCARO NOES: COUNCILMEMBERS:NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
MAYOR
ATTST'
te/n it?...a44..

CITY CLERK
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-27

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

APPLICATIONS FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY

OF FAIRFIELD IS ELIGIBLE

WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs and administration of the application, awarding, and management of the grant programs; and

WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program s; and

WHEREAS, the City of Fairfield desires to request grant funds for various CalRecycle programs and projects.

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

Section 1. The City of Fairfield is authorized to submit an application to CalRecycle for any and all payment or grant programs offered; and

Section 2. The public works director, or his/her design ee(s), is hereby authorized and empowered to execute all documents in the name of the City of Fairfield for any and all CalRecycle payment or grant programs, including, but not limited to; applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved payment or grant project.

Section 3. These authorizations are effective from the date of adoption through February 15, 2027, for a maximum of five years.

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RES. NO. 2022-26

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PASSED AND ADOPTED this 15th 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

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Agenda Item No: 11.

AGENDA REPORT
DATE:February 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202228 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Consultant Services Agreement with NBS for Assessment Engineer Services for Landscaping and Lighting Maintenance Districts No. 7 – Rolling Hills, No. 11 – Paradise Valley, and No. 13 – North Cordelia RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Assessment engineering services are required for Landscaping and Lighting Maintenance Districts (LLMDs) No. 7 – Rolling Hills, 11 – Paradise Valley, and 13 – North Cordelia. NBS Government Finance Group (NBS) is familiar with the City’s LLMD program and is currently under contract to provide public outreach. Adopting the attached resolution authorizes the city manager to execute a consultant services agreement with NBS to provide the necessary financial and technical work required for the LLMDs to proceed with the Proposition 218 ballot process.

DISCUSSION
At the February 1, 2022, City Council meeting, staff presented six potential options to address recent reductions in landscape maintenance services in LLMDs No. 7, 11, and 13. Following public comment and council discussion, the council recommended staff move forward with Option 1B, which entails a general fund loan to cover additional expenses incurred from March 1, 2022, through June 30, 2023.

The general fund loan will augment the frequency and types of landscape services within the three districts. Option 1B includes:

Staff completing a robust community engagement process and preparing an updated engineer’s report.

Assessment diagram.

The Proposition 218 ballot process was completed before the fiscal year (FY) 20232024.

On August 30, 2021, the City executed an agreement with NBS for an initial program review of all 16 LLMDs managed by the Department of Public Works. Staff and NBS agreed that a phased approach was necessary because each district is unique, and some require greater modifications or assessment increases. In contrast, others are financially stable and require no change. As part of this initial scope, NBS completed a broad review of the districts’ engineer’s reports, documentation of annexations, fund Packet Page 122 of 243

NBS has over 17 years of experience administering special assessments, taxes, and fees and has completed similar services for other local agencies within the Bay Area. Since NBS is highly qualified to perform the work and is intimately familiar with the current LLMD funding shortfall, staff requested a proposal from NBS. The staff has reviewed NBS’ proposal and found it to be complete and the fee to be reasonable.

NBS’s proposal includes services required to develop a new budget, determine district boundaries, and recommend assessment rates. Also included is a ‘special versus general’ benefit analysis based on current case law and industry standards. This foundational work will be utilized to develop a new engineer’s report, assessment diagram, and Proposition 218 ballot process. The total cost for NBS’s scope of work is estimated to be $166,000. NBS’s proposal includes a timeline showing the completion of work in time to support the FY 20232024 budget process. The attached resolution would approve the contract with NBS for this work and authorize the city manager to execute said contract.

Staff requests a 15% management reserve ($24,900) to cover unforeseen scope revisions required as NBS continues progressing the work. This is critical to ensure the work is not delayed.

FINANCIAL IMPACT
Total authorization for this consultant services agreement will be $190,900 ($166,000 + 15% management reserve). Funding for this agreement will be provided through an interfund loan, as described in Option 1B approved by council on February 1, 2022. Staff intends on presenting council the details pertaining to the interfund loan on March 1, 2022.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council could choose not to contract for these assessment engineering services for the districts.

However, the completion of this work is necessary to conduct the Proposition 218 ballot process. If the council has any questions, approval may be delayed so that staff may provide the necessary additional information.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/3/2022 4:58 PM
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Agenda Item No: 11.AGENDA REPORTDATE:February 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202228 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Consultant Services Agreement with NBS for AssessmentEngineer Services for Landscaping and Lighting Maintenance Districts No. 7 – RollingHills, No. 11 – Paradise Valley, and No. 13 – North CordeliaRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAssessment engineering services are required for Landscaping and Lighting Maintenance Districts(LLMDs) No. 7 – Rolling Hills, 11 – Paradise Valley, and 13 – North Cordelia. NBS GovernmentFinance Group (NBS) is familiar with the City’s LLMD program and is currently under contract toprovide public outreach. Adopting the attached resolution authorizes the city manager to execute aconsultant services agreement with NBS to provide the necessary financial and technical work requiredfor the LLMDs to proceed with the Proposition 218 ballot process.DISCUSSIONAt the February 1, 2022, City Council meeting, staff presented six potential options to address recentreductions in landscape maintenance services in LLMDs No. 7, 11, and 13. Following public commentand council discussion, the council recommended staff move forward with Option 1B, which entails ageneral fund loan to cover additional expenses incurred from March 1, 2022, through June 30, 2023.The general fund loan will augment the frequency and types of landscape services within the threedistricts. Option 1B includes:Staff completing a robust community engagement process and preparing an updated engineer’sreport.Assessment diagram.The Proposition 218 ballot process was completed before the fiscal year (FY) 20232024.On August 30, 2021, the City executed an agreement with NBS for an initial program review of all 16LLMDs managed by the Department of Public Works. Staff and NBS agreed that a phased approachwas necessary because each district is unique, and some require greater modifications or assessmentincreases. In contrast, others are financially stable and require no change. As part of this initial scope,NBS completed a broad review of the districts’ engineer’s reports, documentation of annexations, fundbalances and budgets, and an audit of boundaries.NBS has over 17 years of experience administering special assessments, taxes, and fees and hascompleted similar services for other local agencies within the Bay Area. Since NBS is highly qualified toperform the work and is intimately familiar with the current LLMD funding shortfall, staff requested aproposal from NBS. The staff has reviewed NBS’ proposal and found it to be complete and the fee tobe reasonable.NBS’s proposal includes services required to develop a new budget, determine district boundaries,and recommend assessment rates. Also included is a ‘special versus general’ benefit analysis basedon current case law and industry standards. This foundational work will be utilized to develop a newengineer’s report, assessment diagram, and Proposition 218 ballot process. The total cost for NBS’sscope of work is estimated to be $166,000. NBS’s proposal includes a timeline showing thecompletion of work in time to support the FY 20232024 budget process. The attached resolution wouldapprove the contract with NBS for this work and authorize the city manager to execute said contract.Staff requests a 15% management reserve ($24,900) to cover unforeseen scope revisions required asNBS continues progressing the work. This is critical to ensure the work is not delayed.FINANCIAL IMPACTTotal authorization for this consultant services agreement will be $190,900 ($166,000 + 15%management reserve). Funding for this agreement will be provided through an interfund loan, asdescribed in Option 1B approved by council on February 1, 2022. Staff intends on presenting councilthe details pertaining to the interfund loan on March 1, 2022.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council could choose not to contract for these assessment engineering services for the districts.However, the completion of this work is necessary to conduct the Proposition 218 ballot process. If thecouncil has any questions, approval may be delayed so that staff may provide the necessary additionalinformation.STAFF CONTACTChris Lewis, Management Analyst(707) 428[email protected] WITHFinance DepartmentATTACHMENTS:DescriptionProposed ResolutionProposed AgreementREVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/3/2022 4:58 PM
Kaushal, Paul Approved 2/3/2022 5:08 PM
Alexander, Amber Approved 2/7/2022 4:36 PM
Alexander, Amber Approved 2/7/2022 4:37 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-28

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

MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH NBS FOR ASSESSMENT ENGINEER SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS NO. 7 – ROLLING HILLS, NO. 11 – PARADISE VALLEY, AND NO. 13 – NORTH CORDELIA

WHEREAS, pursuant to State of California Landscaping and Lighting Act of 1972, Streets and Highways Code Section 22500, et seq., the City formed Maintenance District N os. 7, 11, and 13, (Districts) between 1988 and 1990; and

WHEREAS, on February 1, 2022, City Council directed staff to complete a robust community engagement process and prepare an updated engineer’s report, assessment diagram and complete the Proposition 218 ballot process in advance of fiscal year 2023-2024; and

WHEREAS, NBS Government Finance Group (NBS) is qualified to provide the professional assessment engineer services and assessment ballot package.

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

Section 1. The above recitals are true and correct and are a substantive part of this resolution.

Section 2. The City Council hereby authorizes the city manager to execute a consultant services agreement between the City of Fairfield and NBS for an amount not to exceed one hundred sixty-six thousand dollars ($166,000).

Section 3. The public works director is hereby authorized to execute and administer amendments in an amount not to exceed twenty-four thousand nine hundred dollars ($24,900).

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RES. NO. 2021-28

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PASSED AND ADOPTED this 15th 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
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of , 2O22,by and between the City of Fairfield, a municipal corporation (the "C|TY") and NBS Government Finance Group, dba NBS, ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A", which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4l GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. ln the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. ln the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7l TERM. This agreement shall be in effect through June 30, 2O23; or until the scope of work is completed.
8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 9) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 10) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 11) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

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CITY Contact: Chris Lewis
E-mail: [email protected]
Address:City of Fairfield Public Works
1000 Webster Street, 3'd Floor
Fairfield, CA 94533
Telephone: (707l'428-7089
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Michael Rentner
E-mail: [email protected]
Address NBS
32505 Temecula Parkway, Ste. 100
Temecula, CA92592
Telephone: (95L) 296-1997
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:

David Gassaway, lnterim City Manager
NBS
By:

David Ketcham, Vice President
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EXHIBIT'?"

SCOPE OF SERVICE
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EXHIBIT A

CONSUTTANT SCOPE OF SERVICES
Phase 1 - Proposition 218 Specialvs. General Benefit Analysis gUDGET DEVELOPMENT
NBS will review a budget for the projected costs of improvements, maintenance, and services. Cost categories may include, but not be limited to, all relevant expenses, capital improvements, incidental costs (engineering, legal, City staff, consultants and ongoing administration), operating reserves, capital improvement reserves, and equipment/material replacement reserves. Should projected costs not be available, NBS will assist the City to determine approximate costs based on the list of improvements.

PARCEL DATABASE
NBS will establish a parcel database for assessor parcels as currently shown on the County assessor's parcel maps or development maps. The database will include land divisions, ownership and mailing information, and parcel information relevant to the spread of the assessments as of the most recent secured roll.

SPECIAT VS. GENERAL BENEFIT ANALYSIS
NBS will review the proposed improvements, maintenance, services, budgets, location and type of improvements, special benefit, general benefit, and recent case law with legal counsel. Meet with City staff and legal counsel to discuss appropriate andlor alternative approaches to the proposed assessment district. Provide staff with related support for the duration of the project.

CITY REVIEW
NBS will communicate with City staff for the review of costs, improvements, maintenance, services, statute requirements and benefits conferred.

SEPARATTON AND qUANTtFICAT|ON OF SPECIAL AND GENERAT BENEFTT NBS will analyze improvements, maintenance, services, proposed boundaries, district characteristics, parcel characteristics, special and general benefits conferred, and assessment engineering industry standards and sources to separate and quantify special vs. general benefit in compliance with the special benefit requirements of Proposition 218 for review by all stakeholders.

METHOD OF ASSESSMENT (RATES)
NBS will prepare a Method of Assessment, including rates, in compliance with the proportionality requirements of Proposition 218 for review by all stakeholders.

FINDINGS AND RECOMMENDATIONS REPORT
NBS will prepare a Report, signed and stamped by an Assessment Engineer, summarizing the findings and recommendations. The main goal of the report is to separate and quantify special and general benefit and to provide a Method of Assessment for the proposed assessment district in accordance City of Fairfield
Assessment District lncrease Services tC'NBS
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with the special benefit and proportionality requirements of Proposition 218 and recent case law. The report will provide analysis and numerical support for the breakdown of special vs. general benefit and the Method of Assessment. The City will use the report to determine the amount of the general fund contribution and the amount that can be assessed under the proposed assessment district. The City may also use the report for community outreach efforts where all stakeholders may provide input, and participate.

MEETING ATTENDANCE
NBS willattend up to a total of two meetings (including community outreach meetings)to address questions and/or concerns. NBS will attend additional meetings as requested by the City subject to additional expenses for time and travel.

CONSUTTING SUPPORT
NBS will provide a toll-free phone number for use by City staff and all stakeholders. NBS staff will be available to answer questions regarding the Findings and Recommendations Report.

Phase 2 - Proposition 218 Landscape and Maintenance Assessment District Formation Services

PROJECT SCHEDULE
NBS will communicate with City staff, legal counsel and other interested parties to:
o Establish lines of communication.
. Clarify the specific project goals, components and criteria that will meet the City's preference. r ldentify and resolve any special circumstances that may be involved in the formation. . Develop project schedules to meet legal requirements and provide for effective interfacing of all involved parties.
. Establish meeting points consistent with schedule to achieve project milestones. . Establish and coordinate with City staff a schedule to assure completion of necessary actions and compliance with statutes.

CITY REVIEW
NBS will provide analysis of proposed assessments, as well as contributions to be made by the City. NBS will work with City staff, as required, to prepare and review mailed and published legal notices, determine dates for public meetings and public hearing, verify scheduling, approach, requirements, and other issues related to a successful formation.

RESOLUTIONS, NOTICES AND BALTOTS
NBS will work with legal counsel to prepare Resolutions, notices and ballots, as required, for compliance with the 7972 Act and Proposition 218. NBS will review legal notice of the public hearing to be published by the Clerk, as required, by the 1972 Act.

City of Fairfield
Assessment District lncrease Services 2C'NBS
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PRETIMINARY ENGINEER'S REPORT
NBS will prepare, submit and review with City staff a Preliminary Engineer's Report, including description of improvements, map of improvements, plans and specifications, cost estimate, assessment methodology, assessment roll and diagram.

FINAT ENGINEER'S REPORT
NBS will prepare, submit and review with City staff a Final Engineer's Report, including description of improvements, map of improvements, plans and specifications, cost estimate, assessment methodology, assessment roll and diagram.

PUBLIC HEARING AND BALTOT TABULATION
NBS will tabulate the ballots returned via the most appropriate method (bar code or other) and report the results to the legislative body at the completion of the public hearing.

DIAGRAM RECORDATION
NBS will record the diagram with the County Recorder.

LEVY CALCULATION
NBS will calculate the first year's levy and process for approval by City Council simultaneously with the assessment formation proceedings.

MEETING ATTENDANCE
NBS will attend the public hearing to tabulate the ballots and address questions and/or concerns. NBS will attend additional meetings as requested by the City subject to additional expenses for time and travel.

CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City staff and all stakeholders, NBS staff will be available to answer questions regarding the formation.

CITY'S RESPONSI BI LITIES
The City shall furnish NBS with any pertinent information that is available to City and applicable to the Services. The City shall designate a person to act with authority on its behalf in respect to the Services.

The City shall promptly respond to NBS' requests for reviews and approval of its work, and to its requests for decisions related to the Services. City understands and agrees that NBS is entitled to rely on all information, data and documents (collectively, "lnformation") supplied to NBS by City or any of its agents, contractors or proxies or obtained by NBS from other usual and customary sources including other government sources or proxies as being accurate and correct and NBS will have no obligation to confirm that such lnformation is correct and that NBS will have no liability to City or any third party if such lnformation is not correct.

City of Fairfield
Assessment District lncrease Services 3ANBS
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EXHIBIT "8"

PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:

PHASE 1- PROPOSITION 218 SPECIAT VS. GENERAL BENEFIT ANATYSIS LLMD No. 7 (Rolling Hills)Consulting Fees
Expenses Not to Exceed
LLMD No. 11 (Paradise Valley)Consulting Fees....

Expenses Not to Exceed........

LLMD No. 13 (North Cordelia) Consulting Fees....

Expenses Not to Exceed
Phase 1 Subtotal
PHASE 2 - PROPOSITION 218 LLMD FORMATION SERVICES
LLMD No.7 (Rolling Hills) Consulting Fees
Expenses Not to Exceed (approx. 1,059 parcels)...............

LLMD No. 11 (Paradise Valley) Consulting Fees............

Expenses Not to Exceed (approx. L,O97 parcels)...............

LLMD No. 13 (North Cordelia) Consulting Fees...........

Expenses Not to Exceed
Phase 2 Subtotal ........

CONTINGENCY
Contract Services Conti ngency

CONTRACTTOTAT
.... S24,5oo
...... St,ooo
.... S24,5oo
...... s1,000
.... S29,5oo
...... S1,ooo
. S19,soo
... S3,ooo
. s19,500
'.. S3,ooo
. s19,500
... S5,ooo
S81,soo
$sg,soo
Sls,ooo
.....s156,000
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EXPENSES
Customary out-of-pocket expenses will be billed to CITY at actual cost to CONSULTANT. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees. Expenses do not include return postage, community outreach mailings or any other mailings.

ADDITIONAL SERVICES
The following table shows CONSULTANT's current hourly rates. Additional services authorized by CITY but not included in the scope of services will be billed at the rate below or the then applicable hourly rate.

Title Hourly Rate
Director/Engineer Szzs
Associate Director Szro
Senior Consultant /Manager Srzs
Consultant Srss
Analyst Srgo
Clerical/Support Sros
2l Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit invoices for the same.
3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis.

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$4.4001,3003,4501,1503.4503.4505.3601.9500$24,510s5752.3002.5507,3701,9508005051,1502,4000s19.6004.00024I186181828l001303121438l043612010200202240000102000005000020000400100the aboveasas20312412't21662I12186224640424464,|42622026and Maintenance Assessment District218Task 2 -ServicesAnalysisTask 1 - Prooosition 218 Soecial vs. General Benefitand Ballot TabulationPublicandCifu ReviewGeneral BenefitDatabaseandofandofTask 1 SubtotalScheduleCity ReviewNotices and BallotsAttendanceTask 2 SubtotalCombined Estimated ExpensesCITY OF FAIRFIELD ASSESSMENT DISTRICTCONSULTING SERVICES - LMD No. 7 and LMD No. 11 per DistrictConsultant LaborGrand TotalsTasksD irector/ProjectManager (SaraMares)SeniorConsultant(SandraBurkhart)GIS Analyst(Jeremy Jung)Engineer(John Egan)ConsullantConsultarrlLabor (Hrs.)Costs ($)GRAND TOTAL53.0145.O12.0232.0$48,1 10Packet Page 135 of 243Attachment 2 Page 9 of 15

$4.4002,ilo4,9501,1504,1504,1506,1201.9500s29.510$57s2,3002,5507,3701,9508005051.1502.4000t19,6006.0002416266222232100158312't438104361201020040226000010200000I000040000400100in the aboveas20818416161662812186224640424464as needed, included in the above142622026BenefitTask 1 - Prooosition 218 Soecial vs. Generaland General Benefitand Quantification ofvs. General Benefitand Maintenance Assessment District Formation ServicesTask 2 -SuandDatabaseReviewofTask 1ScheduleReviewNotices andFinalPublic Hearing and Ballot TabulationDiagram RecordationTask 2 SubtotalCITY OF FAIRFIELD ASSESSMENT D|STRICT CONSULTTNG SERVTCES - LMD No. 13GRAND TOTAL53.0164.017.0260.0$s5,110Packet Page 136 of 243Attachment 2 Page 10 of 15

EXHIBIT "C"

GENERAT PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CIW shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4l CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obl igation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
5) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. ln the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7l STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CIW at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work Packet Page 137 of 243Attachment 2 Page 11 of 15

performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the ClW.
10) TNDEMNTFY ANp HOLp HARMLESS.
a) lf AGREEMENT is an agreement for design professional services subject to California Civil Code 5 2782.8(al and CONSULTANT is a design professional, as defined in California Civil Code S 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively "CITY lndemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANTs proportionate percentage of fault. CONSULTANT's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. ln the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANTs percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) lf AGREEMENT is not an agreement for design professional services subject to California Civil Code 5 2782.81a1or CONSULTANT is not a design professional as defined in California Civil Code 5 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY lndemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY lndemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

CONSULTANTS responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CIW if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

Packet Page 138 of 243Attachment 2 Page 12 of 15

The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code 55 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. ln addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of 5600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CIW to comply with Em ployment Development Depa rtment (EDD) reporti ng requi rements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) lf CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) lf CONSULTANT is doing business as other than a sole proprietorship; CONSULTANT shall provide CONSULTANTS federal tax identification number.

Packet Page 139 of 243Attachment 2 Page 13 of 15

EXHIBIT "D"

INSURANCE REQUIREMENTS
CONSU LTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MtN|MUM SCOPE ANp LtMtTS OF TNSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01)with minimum limits of 51,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. lf Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of 51,000,000 per accident for bodily injury or disease. 2l tNpusTRY SPECIF|C COVERAGES
lf checked below, the following insurance is also required.

X Professional Liability lnsurance / Errorsand Omissions Liability in the minimum amount of S1,000,000 per occurrence.
n Pollution Liability lnsurance in the minimum amount of S1,000,000 per occurrence ! Garage Keepers lnsurance in the minimum amount of S1,000,000 per occurrence nridetity/Crime/DishonestyBondintheminimumamountofs-
! tvtCS-SO Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
nBuilder,sRisk/CourseofConstructionlnsuranceintheminimumamountofs-. 3) TNSURANCE PROVTSTONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers Packet Page 140 of 243Attachment 2 Page 14 of 15

liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this projec! the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANTS insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separatelyto each insured against whom claim is made or suit is brought, except with respect to the limits of the insure/s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either pafi, reduced in coverage or in limits except after thirty (30) days' prior written notice, with 10 days' notice for non-paymen! by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1)the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. lnsurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. AttherequestoftheCITY,CONSULTANTshallprovidecomplete,certifiedcopiesofallrequired insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurancepoliciessubjecttotherequirementsofExhibitD. FailureofCONSULTANTtoverifliexistenceofsub- contractotrs insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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Agenda Item No: 12.

AGENDA REPORT
DATE:February 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202229 of the City Council of the City of Fairfield Approving the Modification of Section 5.2 in the Conditions of Approval for Responsible and Compliant Retail Fairfield LLC, as set Forth in Resolution No. 202140, Regarding the Presence of OnSite Security During NonBusiness Hours
RECOMMENDED ACTION
Approve resolution.

STATEMENT OF ISSUE
Condition 5.2 of the Conditions of Approval (Conditions) adopted for Responsible and Compliant Retail Fairfield LLC, dba Embarc (Embarc) requires Embarc to provide a minimum of two licensed, uniformed, onsite security guards during operating hours and one licensed, uniformed, onsite security guard during nonbusiness hours. The proposed resolution would modify the requirement in Condition

5.2 for security during nonbusiness hours. The revised Conditions would require Embarc to remotely monitor internal and external security cameras with a voice communication system, provide access to said cameras to the Fairfield Police Department, and designate a point of contact(s) who shall be available to the Police Department 24 hours/day.

DISCUSSION
Chapter 10E of the Fairfield Municipal Code (FMC) establishes regulations for commercial cannabis activity in the City. Section 10E.22 describes the security measures that cannabis businesses must implement. These measures deter and prevent unauthorized entrance into areas of the businesses that contain cannabis and deter and prevent theft of cannabis or cannabis products. In addition, each applicant that has been conditionally approved for a cannabis business permit must comply with the conditions of approval adopted by the City Council.

Embarc's Conditions of Approval are attached to this report as Exhibit A. Condition 5.1 requires Embarc to prepare a final Security Plan for review and approval by the chief of police before issuance of a commercial cannabis business permit. On January 28, 2022, the Fairfield Police Department conducted a walkthrough inspection and reviewed Embarc's final Security Plan. The final Security Plan proposes to provide security during nonoperational hours by remotely monitoring internal and external cameras with a talkdown (voice communication) system. The Fairfield Police Department would have Packet Page 142 of 243

Agenda Item No: 12.AGENDA REPORTDATE:February 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202229 of the City Council of the City of Fairfield Approving theModification of Section 5.2 in the Conditions of Approval for Responsible andCompliant Retail Fairfield LLC, as set Forth in Resolution No. 202140, Regarding thePresence of OnSite Security During NonBusiness HoursRECOMMENDED ACTIONApprove resolution.STATEMENT OF ISSUECondition 5.2 of the Conditions of Approval (Conditions) adopted for Responsible and Compliant RetailFairfield LLC, dba Embarc (Embarc) requires Embarc to provide a minimum of two licensed,uniformed, onsite security guards during operating hours and one licensed, uniformed, onsite securityguard during nonbusiness hours. The proposed resolution would modify the requirement in Condition5.2 for security during nonbusiness hours. The revised Conditions would require Embarc to remotelymonitor internal and external security cameras with a voice communication system, provide access tosaid cameras to the Fairfield Police Department, and designate a point of contact(s) who shall beavailable to the Police Department 24 hours/day.DISCUSSIONChapter 10E of the Fairfield Municipal Code (FMC) establishes regulations for commercial cannabisactivity in the City. Section 10E.22 describes the security measures that cannabis businesses mustimplement. These measures deter and prevent unauthorized entrance into areas of the businesses thatcontain cannabis and deter and prevent theft of cannabis or cannabis products. In addition, eachapplicant that has been conditionally approved for a cannabis business permit must comply with theconditions of approval adopted by the City Council. Embarc's Conditions of Approval are attached to this report as Exhibit A. Condition 5.1 requiresEmbarc to prepare a final Security Plan for review and approval by the chief of police before issuanceof a commercial cannabis business permit. On January 28, 2022, the Fairfield Police Departmentconducted a walkthrough inspection and reviewed Embarc's final Security Plan. The final Security Plan proposes to provide security during nonoperational hours by remotely monitoring internal and external cameras with a talkdown (voice communication) system. The Fairfield Police Department would have access to these cameras, and Embarc would designate a contact person that would be responsive to the Police Department 24 hours per day. In addition, Embarc plans to implement Flock Safety cameras around the property to partner with the Police Department's system, helping to prevent and solve crimes in and around the area.

The proposal is a minor change from how security is to be provided during nonoperational hours.

Condition 5.2 currently states that Embarc must give a minimum of one licensed, uniformed, onsite security guard during nonbusiness hours. After reviewing the Security Plan and conducting the walkthrough inspection, the Fairfield Police Department supports the change and believes it will provide equal or improved security for the site.

The proposed resolution would modify Condition 5.2 to be consistent with Embarc's Security Plan. It would also allow the city manager, in consultation with the chief of police, to approve changes to Condition 5.2 if necessary to respond to security needs in the future.

FINANCIAL IMPACT
None.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council may choose to not adopt the proposed resolution, in which case Condition 5.2 in Embarc’s Conditions of Approval will remain unchanged.

STAFF CONTACT
Dave Feinstein, Planning Division Manager
[email protected]
(707) 4287448
COORDINATED WITH
City Attorney's Office, Police Department
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A: Conditions of Approval
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 2/7/2022 1:19 PM
Packet Page 143 of 243

CITY OF FAIRFIELD

RESOLUTION NO. 2022-29

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE MODIFICATION OF SECTION 5.2 IN THE CONDITIONS OF APPROVAL

FOR RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC, AS SET FORTH IN RESOLUTION NO. 2021-40, REGARDING THE PRESENCE OF ON-SITE

SECURITY DURING NON-BUSINESS HOURS

WHEREAS, on June 16, 2020, the City Council of the City of Fairfield adopted Ordinance No. 2020- 07, adding Chapter 10E (Commercial Cannabis Business) to the Fairfield Municipal Code (FMC) to permit commercial cannabis businesses within the City and establish a regulatory program requiring all commercial cannabis uses to obtain a commercial cannabis business permit issued by the City prior to commencing operation; and

WHEREAS, as required by FMC Sections 10E.8 and 10E.9, on July 7, 2020, the City Council of the City of Fairfield approved Resolution No. 2020-136, establishing the procedures to govern the process by which decisions shall be made regarding the issuance of commercial cannabis business permits in a document known as “Application Procedures & Guidelines for a Commercial Cannabis Business Permit” (the “Application Procedures”); and

WHEREAS, on July 7, 2020, the City Council adopted Resolution No. 2020-137 approving an application for authorization to access State and Federal level summary criminal history information for cannabis employment, contractors, licensing, or certification purposes; and

WHEREAS, pursuant to FMC Section 10E.8(c), prior to permit issuance the City may initiate, modify, postpone or cancel any request for applications or the entire program under FMC Chapter 10 at its sole discretion; and

WHEREAS, on April 6, 2021, the City Council adopted Resolution No. 2021-68 to modify Phase III and Phase V of the Application Procedures with respect to the fourteen retail applications and one manufacturing application received during September 8, 2020 , to October 23, 2020 application period, due to scoring errors made by the consultant during Phase II of the application review process; and

WHEREAS, on June 15, 2021, and June 22, 2021, the City Council adopted Resolutions No. 2021- 139, No. 2021-140, No. 2021-141, No. 2021-142, and No. 2021-143, conditionally approving the applications of J.J.V.I. Enterprises, Inc., Responsible and Compliant Retail Fairfield LLC, 3Bros Fairfield, The Showcase LLC, and Authentic Fairfield LLC; and

Packet Page 144 of 243Attachment 1 Page 1 of 3

RES. NO. 2022-29

Page 2 ends

WHEREAS, on January 18, 2022, the City Council adopted Resolution No. 2022-14 modifying Condition 5.3 of the Conditions of Approval adopted in Resolutions No. 2021-139, No. 2021-140, No. 2021-141, No. 2021-142, and No. 2021-143; and

WHEREAS, Condition 5.2 of the Conditions of Approval adopted for Responsible and Compliant Retail Fairfield LLC in Resolution No. 2021-140 requires that a minimum of two licensed, uniformed, on-site security guards be provided during operating hours and one licensed, uniformed, on-site security guard be provided during non-business hours; and

WHEREAS, FMC Section 10E.22(a)(10) provides that commercial cannabis businesses shall provide security personnel on-site 24 hours a day, or alternative security as authorized by the city manager; and

WHEREAS, on January 28, 2022, the Fairfield Police Department conducted a walkthrough inspection and reviewed the final Security Plan prepared for Responsible and Compliant Retail Fairfield LLC to ensure compliance with the requirements of FMC Section 10E.22, Security Measures; and

WHEREAS, Responsible and Compliant Retail Fairfield LLC proposes to modify the requirements for security during non-operational hours, by remotely monitoring internal and external cameras with a voice communication system rather than providing one on-site security guard. Responsible and Compliant Retail Fairfield LLC would further designate a contact person who will respond to the Fairfield Police Department 24 hours a day, and the Fairfield Police Department would also have access to all cameras; and

WHEREAS, the city manager and chief of police support Responsible and Compliant Retail Fairfield LLC’s Security Plan.

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

Section 1. Condition 5.2 in the Conditions of Approval adopted by the City Council in Resolution No. 2021-140 is hereby modified to read as follows:

“5.2 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall contract with a security firm licensed by the State of California’s Bureau of Security and Investigative Services to provide a minimum of two licensed, uniformed, on-site security guards during operating hours. During non-operating hours RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall remotely monitor internal and external cameras with a voice communication system; shall provide access to said cameras to the Fairfield Police Department and shall designate a point of contact(s) who shall be available 24 hours per day to the Fairfield Police Department. This Condition may be modified as deemed necessary by the city Packet Page 145 of 243Attachment 1 Page 2 of 3

RES. NO. 2022-29

Page 3 ends

manager, in consultation with the chief of police, provided that any modifications comply with FMC Chapter 10E.”

Section 2. The city manager or their designee is hereby authorized to do all things necessary and proper to carry out this resolution.

PASSED AND ADOPTED this 15th 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 146 of 243Attachment 1 Page 3 of 3

Commercial Cannabis – Retail
Conditions of Approval
Business Name: Responsible and Compliant Retail Fairfield LLC.

DBA: Embarc
Address: 180 Serrano Ave, Suite A
File No.: CRM2020-008

RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC has been granted preliminary approval to operate a commercial cannabis – retail business in the City of Fairfield at 180 Serrano Ave, Suite A as described in the application and shown on the site plan submitted to the City on October 23, 2020.

The Council may impose such terms, conditions, and restrictions on the operation, management, and conduct of the commercial cannabis business, as deemed necessary to protect the health, safety, or welfare of the City or to ensure compliance with State or local laws . This preliminary approval has been granted subject to compliance with the following conditions which must be satisfied prior to the issuance of a commercial cannabis business permit, unless noted otherwise:

1.0 PRELIMINARY APPROVAL/ REVOCATION

1.1 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall comply with (i) all of the provisions set forth in Fairfield Municipal Code (FMC) Chapter 10E applicable to a store-front retail commercial cannabis business, as the case may be; (ii) any and all applicable rules and regulations at any time promulgated by the City Manager pursuant to said chapter; (iii) any and all amendments to said chapter; (iv) any and all ordinances, rules, and policies adopted by the City which are made applicable to all store-front retail commercial cannabis businesses operating within the jurisdictional boundaries of the City; and (v) any and all laws and regulations of the State of California applicable to RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s store-front commercial cannabis retail business.

1.2 The City Manager shall not formally issue the commercial cannabis business permit to RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC unless and until the Community Development Director confirms that all of the required land use approvals have been obtained.

1.3 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall not begin operations, notwithstanding the issuance of a permit, until it has complied with all State and local laws and regulations, including but not limited to receipt of a State license.

1.4 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall abide by, honor, adhere to, perform, implement, and carry out all the representations, statements, promises, statements of plans and intentions, assurances, descriptions, conditions, and terms, as the case may be, set forth in RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application. Should any conflicts exist between RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application Packet Page 147 of 243Attachment 2 Page 1 of 28

and the laws, rules, policies, and/or regulations described in condition 1.1, above, the more stringent provision shall apply.

1.5 Notwithstanding the issuance of a commercial cannabis business permit, the contents of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application and the conditions of approval as set forth shall remain applicable and be fully enforceable through the City’s police power. In the event RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s operations deviate from RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application in any way, violate these conditions of approval, result in a public or private nuisance, or are otherwise inconsistent with any federal, state, or local, law, rule, or regulation, the City shall have all remedies available, in law or in equity to enforce the terms of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application, conditions, laws, rules and regulations. Notwithstanding the above, the City Manager may approve deviations from RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application to the extent necessary to further the purposes of FMC Chapter 10E or to protect public health, safety, and welfare.

2.0 COMMUNITY RELATIONS

2.1 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide to the City, and to all businesses and residences located within 100 feet of the business, the name, telephone number, and email address of a community relations representative to whom notice of problems associated with the commercial cannabis business can be provided.

2.2 During the first year of operations following receipt of a permit, the owner, manager, and community relations representative from RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall attend meetings with the City Manager, and other interested parties as deemed appropriate by the City Manager, to discuss the costs, benefits, and other community issues arising as a result of implementation of FMC Chapter 10E. After the first year of operation, the owner, manager, and community relations representative from RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall meet with the City Manager upon reasonable request.

2.3 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall develop a City-approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.

2.4 Prior to issuance of the commercial cannabis business permit, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall enter into a community relations agreement with the City setting forth the terms and conditions under which RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall implement its community relations program, including but not limited to those set forth below:

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2.4.1 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall establish a community investment fund for the sole purposes of funding a youth education and drug prevention program and community outreach and engagement activities.

2.4.2 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall allocate a minimum of 1% of gross receipts and 1% of the sales of in-house brands to the community investment fund in perpetuity. RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC will also actively seek and request a minimum of 1% of sales from other cannabis brands sold at the business to contribute to the community investment fund.

2.4.3 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall establish a Community Advisory Board. The Community Advisory Board shall have the sole power and authority to distribute the community investment fund to community partners for the implementation of the youth education and drug prevention program community outreach and engagement activities in perpetuity and free of influence of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC staff.

2.4.4 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall reserve up to two Community Advisory Board positions for City of Fairfield representatives. The final number of City of Fairfield representatives will be determined as part of the community relations agreement.

2.4.5 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall partner with the Matt Garcia Foundation to create and implement a youth education and drug prevention program based on the National Institute on Drug Abuse’s “Research Based Guide for Parents, Educators, and Community Leaders for Preventing Drug Use in Children and Adolescents” and utilizing the State of California’s “Let’s Talk” campaign. The structure and content of the program will include, but not be limited to, that listed in RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application.

2.4.6 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide a one-time payment of not less than $50,000.00 for the purposes of securing the curriculum and infrastructure necessary to execute the youth education and drug prevention program.

2.4.7 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall create a ‘Street Team’ for the purposes of organizing and implementing ongoing community revitalization and beautification efforts, committing to a minimum of one community cleanup per month.

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2.4.8 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall host monthly educational panels, informational workshops, or non-profit partnership events for the purpose of providing community education on cannabis.

2.4.9 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide monthly free educational workshops on cannabis, led by a Senior Outreach and Educational Advisor, to Fairfield’s senior citizen community. RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC will provide a discount to senior citizens on all products.

2.4.10 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall seek to create a cannabis subcommittee with the Fairfield-Suisun Chamber of Commerce that would include a representative of each legal cannabis business in the City.

2.4.11 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall establish workforce development partnerships with Solano Community College.

2.4.12 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall identify partner organizations located within the City of Fairfield with which to provide and/or support equity scholarship programs and scholarships for underrepresented groups.

2.4.13 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide financial literacy workshops for the general public to assist low income community members with issues such as budgeting, money management, and building and repairing credit.

2.4.14 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall offer a compassionate use program which provides reduced and no-cost medicine to low income and seriously ill patients in accordance with the regulations set forth by the Bureau of Cannabis Control.

2.4.15 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide a living wage for all retail employees starting at $17.00 per hour.

2.4.16 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall offer all employees a competitive benefits package which includes health, vision, and dental programs and shall provide an employer contribution to these programs.

2.4.17 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide paid time off to all employees to be accrued based on duration of employment.

2.4.18 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall offer all employees 100% employer paid premium life insurance policies.

Packet Page 150 of 243Attachment 2 Page 4 of 28

2.4.19 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall offer all employees additional benefits which may include, but are not limited to, financial literacy courses, transportation assistance, an emergency assistance program/fund, pet adoption stipends, and tuition assistance/scholarships.

2.4.20 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide a minimum of 40 paid volunteer hours per year to all employees.

2.4.21 A minimum of 75% of employees hired by RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC to work at the permitted location shall be local hires. For the purposes of this condition “local hire” means that the employee, at the time of hire, is a resident of Solano County.

3.0 GENERAL REQUIREMENTS

3.1 No person may engage in any commercial cannabis business or in any commercial cannabis activity within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person (1) has a valid commercial cannabis business permit from the City; (2) has a valid State license, and (3) is currently in compliance with all applicable State and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities.

3.2 It is the responsibility of the owner(s) of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC to ensure that it operates in a manner that complies with all applicable State and local laws, any regulations promulgated thereunder, and any licensing or permit requirements or conditions of approval.

3.3 Neither preliminary approval or the issuance of a commercial cannabis business permit for RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall waive compliance with all sections of the Fairfield City Code (Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.

3.4 Any leases, subleases, or other agreements for the use of real property by RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC must be based on a monthly rate. No person shall be issued or hold a commercial cannabis business permit if such person has entered into a lease, sublease or other agreement for the use of property for such business at less than fair market value or such lease, sublease or agreement provides for the tenant to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City.

3.5 Issuance of a commercial cannabis business permit does not create a property right or land use entitlement. Each commercial cannabis business permit shall expire 12 months after the Packet Page 151 of 243Attachment 2 Page 5 of 28

date of issuance. No person shall have any entitlement or vested right to receive a permit under FMC Chapter 10E.

3.6 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall pay the commercial cannabis business permit fee established by resolution of the City Council.

3.7 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit), or at any time upon reasonable request of the City, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelvemonth period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant. RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall be subject to a regulatory compliance review and financial audit as determined by the City Manager.

3.8 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall maintain a current register of the names and contact information (including the address and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager upon reasonable request.

3.9 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing, production or manufacturing, and laboratory testing until purchase as set forth in MAUCRSA.

3.10 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall allow City officials access to the business's books, records, and accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of determining compliance with FMC Chapter 10E. Books, records, accounts, and any and all relevant data or documents will be produced or made available no later than 24 hours after receipt of the City' s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City's software and hardware.

4.0 OPERATING REQUIREMENTS

4.1 Operating hours where the business is open to the public for both in-store and/or delivery services, shall be restricted to 8:00am – 10:00pm, seven days a week. No business activities Packet Page 152 of 243Attachment 2 Page 6 of 28

may occur, regardless of whether the business is open to the public or not, between the hours of 10:00pm – 6:00am, seven days a week.

4.2 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall comply with the requirements of Fairfield Municipal Code Chapter 10E Section 24, General Operating Requirements.

4.3 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall comply with the requirements of Fairfield Municipal Code Chapter 10E Section 25, Operating Requirements for Store-front Retailers.

4.4 Prior to commencing operations, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall obtain a City business license.

4.5 The original copy of the commercial cannabis business permit and the City-issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public. A copy of these conditions of approval shall be maintained on-site, and shall be provided for review upon request by any law enforcement officer or City official.

4.6 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such system is compatible with the City' s record- keeping systems, and can produce historical transactional data for review. The system must be approved by the City Manager prior to being used by the permittee.

4.7 Persons under the age of 21 shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It is unlawful and a violation of FMC Chapter 10E for any person to employ any person at a commercial cannabis business who is not at least 21 years of age. Notwithstanding the above, persons who are at least 18 years old and in possession of a valid physician' s recommendation and/ or Health and Safety Code Section 11362. 71 identification card ("Medical Marijuana Card") may be granted access to a retail cannabis business for the sole purpose of purchasing medicinal cannabis or medicinal cannabis products consistent with the physician' s recommendation.

4.8 Minimum training standards shall be established for all employees in accordance with the training standards included in RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application and any Federal, State or local law, rule or regulation. The City Manager shall have the discretion to require additional training should the City identify deficiencies or non - compliance issues with City or State requirements.

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4.9 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall maintain the property in a clean and orderly condition at all times and remove all litter from the exterior areas around the premises, including adjacent public sidewalk areas and parking areas, no less frequently than once each day prior to the close of business.

5.0 SECURITY

5.1 The final Security Plan shall be in substantial conformance with RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application and shall comply with the requirements of FMC Chapter 10E Section 22, Security Measures. The final Security Plan shall be reviewed and approved by the Chief of Police prior to the issuance of a commercial cannabis business permit.

5.2 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall contract with a security firm licensed by the State of California’s Bureau of Security and Investigative Services to provide a minimum of two licensed, uniformed, on-site security guards during operating hours and one licensed, uniformed, on-site security guard during non-business hours.

5.3 All owners of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC must undergo a criminal history background check to demonstrate that they do not provide “good cause” for denial per FMC Sections 10E.7 and 10E.21. All owners shall submit to a Live Scan prior to permit issuance in order to complete the background check process. This will require the owner(s) to submit fingerprints to the City. The process will be conducted by the Fairfield Police Department, which will submit the Live Scan to the DOJ/FBI to review for criminal offender record information (CORI). The CORI reports will be provided to the City for the sole purpose of determining eligibility for operating a commercial cannabis business. The Live Scan process must be completed prior to issuance of the commercial cannabis business permit.

5.4 Before the date of hire or within 30 calendar days of issuance of a commercial cannabis business permit, whichever is later, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall identify each prospective employee and submit for each: the name, address, telephone number, title, primary responsibility(ies), and a valid government-issued form of identification, together with any other related information requested by the Chief of Police for the purpose of conducting mandatory background checks. Evidence that a prospective employee has been convicted of any the offenses listed in FMC Section 10E.21(b) shall be grounds for denial of employment. If RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC wishes to hire an individual despite such conviction, it shall appeal to the Chief of Police, who at his or her sole discretion may issue a written waiver.

5.5 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on- site employee or owner to whom emergency notice can be provided at any hour of the day. RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall ensure such contact information remains current for the duration of the commercial cannabis permit.

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5.6 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall prohibit loitering by persons outside the facility on the premises, and shall notify the Fairfield Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.

6.0 SITE DEVELOPMENT

6.1 The building design and construction for the business, including, but not limited to, floor plan, site plan, landscape plan, and building façade, shall be in substantial conformance with the plans provided in RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application.

6.2 Before a building permit may be issued, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall submit all building design, construction, and/or improvement plans for the business to the Community Development Department for the purposes of verifying compliance with site development conditions of approval; provided, however, that if Minor Discretionary Review, Plan Review, or other land use approvals are required, such plans may be submitted as part of that entitlement process.

6.3 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall retain and maintain on-site parking which meets the requirements of the City of Fairfield Zoning Ordinance, at all times.

One on-site parking space shall be required for every 200 square feet of floor area. If the business is to operate out of a multi-tenant building, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide verification that the required number of parking spaces necessary to serve the business shall be reserved for said business. Verification shall be in the for m of lease agreement or other binding document subject to the review and approval of the Community Development Department.

6.4 Prior to commencing operations, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall be subject to a mandatory building inspection a nd must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), Fairfield Fire Department approvals, and Health Department approvals.

6.5 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall comply with Fairfield Fire Department & Building Code requirements as contained in the attached document “Building and Fire Code Requirements for Cannabis Related Occupancies”.

6.6 The final Safety Plan shall be in substantial conformance with RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s application and shall be reviewed and approved by the Fairfield Fire Department prior to the issuance of a commercial cannabis business permit.

6.7 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall ensure that landscaping is maintained in a healthy and well-kept manner at all times. Dead or damaged landscape Packet Page 155 of 243Attachment 2 Page 9 of 28

material/vegetation shall be replaced immediately per the approved landscape plan. The irrigation system shall be maintained at all times. Trees shall be permitted to grow to their maximum height.

6.8 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall ensure that the building is maintained in good condition at all times.

6.9 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall ensure that the driveway and parking areas are maintained in good condition at all times.

6.10 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights- of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC must install and maintain the following equipment, or any other equipment which the City Manager determines is a more effective method or technology:

6.10.1 An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

6.10.2 An air system that creates negative air pressure between the commercial cannabis business' s interior and exterior, so that the odors generated inside th e commercial cannabis business are not detectable on the outside of the commercial cannabis business.

7.0 SIGNS

7.1 Business identification signage for RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall conform to the requirements of the City's Sign Ordinance, including, but not limited to, seeking the issuance of a City sign permit.

7.2 No cannabis or cannabis products, or graphics depicting cannabis or cannabis products, shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business.

7.3 No signs shall obstruct any entrance, exit, or window of the commercial cannabis business.

7.4 Each entrance shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

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7.5 The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 is permitted to enter the premises.

7.6 Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right- of-way.

7.7 No banners, flags, a- frames, inflatables or billboards, or other prohibited signs may be used at any time.

7.8 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC understands and agrees that it is prohibited from advertising any commercial cannabis business located in the City utilizing a billboard fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising.

This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

8.0 INDEMNIFICATION AND INSURANCE

8.1 By accepting the commercial cannabis business permit, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC agrees to indemnify, defend (at applicant's sole cost and expense), and hold harmless the City and its officers, officials, employees, representatives, and agents, from any and all claims, damages, injuries, liabilities, or losses (including attorney and expert witness fees) which arise out of, or which are in any way related to, the City' s issuance of the commercial cannabis business permit or other pertinent approvals to RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC, the process used by the City in making its decisions, the alleged violation of any federal, state, or local laws by RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s commercial cannabis business operatoins, or the operations or activities of l RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC or any of its officers, employees or agents. The requirements of this Section 8.1 shall survive expiration or termination of the commercial cannabis business permit.

8.2 By accepting the commercial cannabis business permit, RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC agrees that it shall reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the commercial cannabis business permit or the operations of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s commercial cannabis business in the City. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed by this section. The Packet Page 157 of 243Attachment 2 Page 11 of 28

requirements of this Section 8.2 shall survive expiration or termination of the commercial cannabis business permit.

8.3 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall procure and maintain for the duration of the commercial cannabis business permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with commercial cannabis activities by RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC, its agents, representatives, employees or subcontractors.

8.3.1 MINIMUM SCOPE AND LIMITS OF INSURANCE

8.3.1.1 Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

8.3.1.2 Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage.

8.3.1.3 Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.

8.3.2 OTHER INSURANCE PROVISIONS

8.3.2.1 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

8.3.2.2 The general and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC; products and operations of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC; premises owned, occupied or used by RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC; and automobiles owned, leased, hired or borrowed Packet Page 158 of 243Attachment 2 Page 12 of 28

by RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

b) For any claims related to the commercial cannabis business permit or business operations, RESPONSIBLE AND COMPLIANT RETAIL
FAIRFIELD LLC’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s insurance and shall not contribute with it. RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

d) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified herein, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

8.3.2.3 Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

8.3.2.4 RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC shall furnish the City with original endorsements effecting coverage required by this provision. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to City approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the City before issuance of the commercial cannabis business permit.

At the request of the City, RESPONSIBLE AND COMPLIANT RETAIL Packet Page 159 of 243Attachment 2 Page 13 of 28

FAIRFIELD LLC shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

9.0 APPLICANT CONSENT

I hereby declare under penalty of perjury that I am authorized to sign on behalf of RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC and by signing these conditions of approval RESPONSIBLE AND COMPLIANT RETAIL FAIRFIELD LLC agrees to all conditions contained herein and shall satisfy all conditions prior to the issuance of a commercial cannabis business permit, unless noted otherwise.

Signature: Date: h Name: d Title: h

The original, signed conditions of approval and related supporting material shall be retained on file by the City of Fairfield. A copy of these signed conditions of approval shall be maintained on-site of the business and shall be provided for review upon request by any law enforcement officer or City official.

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Fairfield Fire Department & Building Code
Requirements

Building and Fire Code Requirements
for
Cannabis Related Occupancies

The following regulations pertain to City of Fairfield Building Division and Fire Department requirements for the permit application, plan review, approval, and inspection of cannabis related occupancies. The requirements listed below are intended to assist the applicant with some of the requirements applicable to a Building Division permit submittal, and are not to be considered an all- inclusive listing of Building and/or Fire Code requirements for plan approval or permit issuance. Only items pertinent to each specific submittal are to be included. Every listed item will not necessarily be applicable to all projects.

General Requirements

1. A building permit is required to verify occupancy for a cannabis facility, even if no improvements or modifications to the property are proposed. The building permit application must meet the City’s general building permit submittal requirements.

2. Construction plans, calculations and related documentation supporting the building permit application are required per the California Building Code Section 105 when the owner or occupant intends to construct, enlarge, alter, remove, repair, demolish, or change the occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Building and/or Fire Code; or to cause this work to be done. As a minimum, a site plan and floor plan of the proposed occupancy shall be submitted for all proposed projects.

3. All Building permit design and supporting documentation is required to be prepared, stamped, and signed by qualified design professionals licensed and registered by the state of California. California Business and Professions Code (B&PC) § 5536.1 and 6735.

4. An application for a building permit will not be accepted for a cannabis related business without confirmation that all discretionary approvals have been obtained or a zoning clearance has been issued.

5. All construction and related work must be performed by contractors licensed by the State of California as general and/or specialty contractors for the specific discipline of work to be performed.

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Building and Fire Code Requirements for Page 2 Cannabis Related Occupancies April 22, 2020

6. All design and construction shall be consistent with the provisions of the City of Fairfield Municipal Code and the current edition of the California Building and Fire Codes as adopted by the California Building Standards Commission, and as amended by the Santa Rosa City Code.

7. A City of Fairfield building permit application form must be completed in its entirety and included with each submittal.

8. Codes and Standards regulating cannabis facilities currently adopted and/or recognized by the City of Fairfield include, but are not limited to:

A. California Building Code (CBC)
B. California Electrical Code (CEC)
C. California Mechanical Code (CMC)
D. California Plumbing Code (CPC)
E. California Energy Code
F. California Fire Code (CFC)
G. California Existing Building Code (CEBC)
H. California Green Building Standards Code (CalGreen)
I. California Existing Building Code (CEBC)
J. California Health and Safety Code (H&SC)
K. California Business and Professions Code (B&PC)
L. National Fire Protection Association Standards (NFPA) M. Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) N. Fairfield City Code (FCC)

9. A project specific submittal package is required for each individual building and building address, or each tenant in multi-tenant buildings. A minimum of 3 sets of plan documents, 2 sets of Title 24 energy compliance documentation and 2 sets of CALGreen check lists are required at time of submittal. Additional documentation may be required for structural modifications and/or additions to existing building or structures. Contact the Building Permit Center for final determination of required documentation for submittal.

10. The plan review fees must be paid in full before the plans will be accepted for plan review.

11. Construction or work for which the permit is required shall be subject to inspection by the Building Division and/or Fire Department, and such construction or work shall remain accessible and exposed for inspection purposes until approved. No construction shall commence prior to the issuance of a Building permit.

12. No building or structure shall be used or occupied, and no change in the existing occupancy classification of the building or structure or portion thereof shall be made, until the Building Official has issued a certificate of occupancy. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of applicable codes and standards or the other regulations of the State of California or the City of Fairfield.

13. The owner/occupant is required to keep all City approved plans, specifications, and related documents on the premises, in an easily accessible location for City inspection staff for the required inspections.

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Building and Fire Code Requirements for Page 3 Cannabis Related Occupancies April 22, 2020

Building Code Requirements (applicable to all occupancies and MAUCRSA permit types)

1. The height and area of all structures shall be designed and detailed for compliance with CBC Chapter 5.

2. The Building Official shall determine the Occupancy and Construction Type of the proposed facility, and such occupancy designation shall be clearly identified by the applicant on the construction plan documents consistent with the requirements of CBC Chapter 6.

3. All fire rated elements in the space must meet the applicable requirements of CBC Chapter 7.

4. Applicable Means of Egress requirements shall be consistent with CBC Chapter 10. The design for the occupant load based on CBC Chapter 10, § 1004. Unless otherwise determined by the Building Official, growing, storage and shipping areas are 300 sq. ft. per person; cannabis manufacturing, processing, and infused products preparation, testing and business areas are 100 sq. ft. per person.

5. The minimum required exit width shall be consistent with CBC § 1005.

6. The means of egress, including the exit discharge, shall be illuminated at all times the building space is occupied in accordance with CBC § 1008.

7. Accessible means of egress is required. Accessible means of egress shall comply with CBC § 1009. Occupiable spaces shall be provided with not less than one accessible means of egress. Where CBC requires more than one means of egress from any space, each portion of the space shall be served by not less than two accessible means of egress. § 1015.1 or § 1021.1. An accessible route of travel shall be provided and maintained between multiple required exits from any space or building including cultivation areas.

8. The minimum width of stairways shall be consistent with CBC § 1005.1, but such width shall not be less than 44 inches. CBC § 1009.2

9. Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that no point in an exit access corridor or exit passageway is more than 100 feet or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign.

CBC § 1011.

10. Two exits are required from all spaces when the occupant load is greater than 49 occupants and/or the common egress path of travel distance exceeds 75 feet, CBC § 1014.3 & § 1015.1 (NOTE: In other than H Occupancies, A 100-foot common path travel distance is allowed if the building is equipped with an automatic fire sprinkler system in accordance with CBC § 903.3.1.1).

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Building and Fire Code Requirements for Page 4 Cannabis Related Occupancies April 22, 2020

11. Corridors shall be fire-resistance rated in accordance with CBC Table 1018.1. The corridor walls required to be fire-resistance rated shall be consistent with CBC § 709 for fire partitions.

12. All spaces within each story shall have access to the minimum number of approved independent exits as specified in CBC Table 1021.1 based upon the tributary occupant load of the space and story.

13. Exits shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide direct access to grade. The exit discharge shall not re-enter a building, and shall provide a compliant path of travel to the Public Way. CBC § 1027.

14. Interior finish requirements based on occupancy type of group. Interior wall and ceiling finishes shall have a flame spread index not greater than that specified in CBC Table 803.9 for the group and location designated.

Interior wall and ceiling finish materials tested in accordance with NFPA 286 and meeting the acceptance criteria of CBC § 803.1.2.1, shall be permitted to be used where a Class A classification in accordance with ASTM E 84 or UL 723 is required. CBC § 803.9.

15. All materials used as interior finishes, trim and decorative materials must comply with the provisions of CBC §803 “Wall and Ceiling Finishes” and the flame spread rating for interior finishes or covered with a thermal barrier per CBC § 2603.4. Plastic film, foam plastic insulation and the paper facing on fiberglass insulation must be rated or covered with an approved thermal barrier.

16. The ventilation, temperature control, lighting, yards and courts, sound transmission, room dimensions, surrounding materials and rodent proofing associated with the interior spaces of buildings shall be consistent with CBC Chapter 12, “Interior Environment”.

Accessibility Requirements (applicable to all occupancies and MAUCRSA permit types)

Accessibility requirements are based on standards outlined in CBC Chapter 11-B. Access shall be provided throughout the building for individuals with disabilities.

Accessibility requirements apply to sites, building, structures, facilities, elements, and spaces, temporary or permanent to provide access to individuals with disabilities. This includes anyone who utilizes a space, including occupants, employees, students, spectators, participants, and visitors. Minimum scoping and technical requirements are set forth in CBC Chapter 11-B. New buildings, structures, facilities, elements, and spaces must comply in their entirety. Additions and alterations to existing buildings or facilities must comply with CBC § 11B- 202.4. Alterations that decrease accessibility are prohibited.

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Building and Fire Code Requirements for Page 5 Cannabis Related Occupancies April 22, 2020

The following is a list of some of the elements of required access for individuals with disabilities:

Path of travel requirements.

When alterations or additions are made to an existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:

A. A primary entrance to the building or facility,
B. Toilets and bathing facilities serving the area,
C. Public telephones serving the area, and
D. Signs.

1. Interior accessible path of travel shall address all the following:

A. Accessible routes to all functional areas.

B. Common use circulation paths with employee work areas.

C. Clear width of walking areas.

2. Door or gate information should include:

A. Required clear width dimensions.

B. Maneuvering clearances.

C. Level landings on each side of doors or gates.

D. Required threshold dimensions and geometry.

E. Door or gate hardware should not require tight grasping, pinching, or twisting of the wrist.

F. Required smooth surface dimensions on push side of the door within the finish floor or ground.

3. Restroom information should include:

A. Turning space within the room.

B. Door swing not in the clear space of any fixture (except for a single user).

C. Mirrors and accessories.

D. Clear floor space at fixtures.

E. Compartment configuration side and end entry, toe clearances.

F. Side and rear grab bars.

G. Accessible lavatories (sinks), heights and knee clearances.

H. Restroom symbols on doors.

I. Shower compartments (if any) must be accessible.

J. Drinking fountains.

4. Miscellaneous elements include:

A. Dressing and locker rooms.

B. Storage.

C. Exit signs (tactile)
D. Signs.

E. Benches.

F. Dining or break room tables.

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G. Electrical switches, controls, and electrical receptacle outlets.

H. Kitchen and common sinks.

5. Site plan should include information on site accessibility features including:

A. Arrival points including parking area access points and signage from the public way.

B. The location and number accessible parking stalls and the number of standard parking stalls.

C. Access aisles from parking.

D. The slope of the accessible parking spaces and access aisles.

E. The identification at accessible spaces and/or lot entrances.

F. A clear accessible egress path of travel to the adjoining public way.

Fire Code Requirements (applicable to all occupancies and MAUCRSA permit types)

All applicants will need to provide a detailed written scope of work related to all business activities, equipment and products utilized in their business model or process in compliance with the current Edition of the 2019 California Building and Fire Codes. List license type(s) proposed, storage configurations, equipment type and location, and hazardous materials to be stored and utilized. Prior to finalization of Building Permit, annual operation permits will need to be secured with the Fire Department.

1. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in CFC § 903 and as amended by the City of Fairfield Fire Code. A change in the occupancy of the space, substantial alterations, or an expansion of square footage, may require the installation of a fire suppression system for the proposed space.

2. Automatic fire-extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested, and maintained in accordance with the provisions of CFC § 903 and the applicable referenced standards.

3. An approved fire alarm system installed in accordance with the provisions of the CFC and 2019 NFPA 72 shall be provided in new buildings and structures in accordance with CFC § 907.2 and provide occupant notification in accordance with CFC § 907.6 as well as specific requirements detailed in CFC.

4. Duct smoke detectors complying with UL 268A shall be installed in accordance with the CBC, CFC, CMC and NFPA 72.
a. In the main return air and exhaust air plenum of each air-conditioning system having a capacity greater than 2,000 CFM. Such detectors shall be located in a serviceable area downstream of the last duct inlet.
b. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air-conditioning system.

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5. Portable fire extinguishers shall be installed in F, B, H, and U occupancy groups per CFC § 906. The size and distribution of portable fire extinguishers shall be in accordance with CFC § 906.

6. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the Fire Code Official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the Fire Code Official per CFC § 506.1

7. The provisions of CFC § 407 shall be applicable where hazardous materials subject to permits under CFC § 5001.5 are used and/or stored on the premises or where required by the Fire Code Official.

8. Storage, use and handling of compressed gases in compressed containers, cylinders, tanks, and systems shall comply with CFC Chapter 53 including those gases regulated elsewhere in the CFC and/or any applicable NFPA Standards as determined by the Fire Code Official. Partially full compressed gas container, cylinders or tanks containing residual gases shall be considered as full for purposes of the controls required.

9. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and chapter addressing specific hazards, including CFC Chapters 58 (Flammable Gases), 60 (Highly Toxic and Toxic Materials), 63 (Oxidizer, Oxidizing Gases, and Oxidizing Cryogenic Fluids) and 64 (Pyrophoric Materials) and/or any applicable NFPA Standards as determined by the Fire Code Official.

10. The storage, use and handling of all hazardous materials shall be in accordance with CFC Chapter 50 and California Health and Safety Code requirements. The maximum allowable quantity (MAQ) of hazardous materials per control area will be established using CFC § 5003.1. Applicant will need to contact the Fire Department for hazardous materials storage permitting and approval.

11. Hazardous Materials Inventory Statement (HMIS) per CFC § 5001.5.2. An application for building permit shall include an HMIS. The HIMS shall include the following information:

A. Product name.

B. Component.

C. Chemical Abstract Service (CAS) number.

D. Location where stored or used.

E. Container size.

F. Hazard classification.

G. Amount in storage.

H. Amount in use-closed systems.

I. Amount in use-open systems.

J. Safety Data Sheets (SDS) for all proposed materials

The business will also need to comply with electronic reporting requirements specific to the California Environmental Reporting System (CERS). Applicants will need to contact the Fire Department for direction and permitting related to hazardous materials inventory reporting amounts.

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12. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in CFC § 310.

13. Storage of combustible materials in buildings shall be orderly. Storage shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur per CFC § 315.

14. Any security device or system that emits any medium that could obscure a means of egress in any building, structure or premise shall be prohibited per CFC § 316.5.

15. Reporting of emergencies, coordination with emergency response forces, emergency plans and procedures for managing or responding to emergencies shall comply with the provisions of CFC § 401.

16. Emergency evacuation drills complying with provisions of the Fire Code shall be conducted at least annually for Group H and Group F occupancies listed in section CFC § 403 or when required by the Fire Code Official.

CFC § 405.

17. High-piled storage or rack storage in any occupancy group shall comply with the CFC Chapter 32.

MAUCRSA Permit Specific Requirements
The requirements in this section are related to specific permit types as outlined in the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)

Cultivation Facilities (MAUCRSA permit types 1-5)

1. An Annual Fire Department Operational Permit is required for all cannabis cultivation facilities.

2. Cannabis Cultivation facilities shall be consistent with CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Factory Industrial, F-1, Moderate-hazard Occupancy. CBC § 306.2.

3. Cannabis Cultivation facilities for the exclusive use of plant production may be classified as a U occupancy and shall be consistent with the requirements of CBC Appendix C.

4. Cultivation areas shall be considered “wet locations” as they are subject to wash down. Indoor wet location wiring methods shall meet requirements of CEC article 300.6.

5. Grow lights must be installed per the manufacture instructions and wired per CEC article 410.

A. Remote ballasts shall be installed as near to the lamp as practicable to keep the secondary conductors as short as possible. CEC article 410.144(B).

B. Ballast secondary cord/conductors cannot pass through partitions and must be visible its entire length outside the fixture. CEC article 410.62(C)(1).

C. All grow lights shall be controlled by a multi-level astronomical time switch.

6. High-Intensity Discharge Lighting. Luminaires that use a Metal Halide lamp, other than a thick- glass parabolic reflector lamp (PAR), shall be provided with a containment barrier (LENS) on the fixture. CEC article 410.130(F)(5).

7. NM cable (Romex) is not allowed for use in damp locations (cultivation rooms) (CEC § 334.10). Approved wiring methods utilized in cultivation facilities shall be consistent with “Wet Use” Wiring Methods and Materials, (CEC Chapter 3).

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8. Cultivation areas shall be supplied with ventilation at a minimum rate of 15 cfm/person for the number of occupants. The minimum occupant load for ventilation design shall be specified by the building designer, and shall not be less than one half of the maximum occupant load assumed for egress purposes as specified in the California Building Code, whichever is greater. (CMC table 402.1 footnote 4 & CEC subchapter 120.1(b).

9. All applications for a cultivation occupancy shall include an odor mitigation plan certified by a qualified licensed professional engineer that includes the following:

A. Operational processes and maintenance plan, including activities undertaken to ensure the odor mitigation system remains functional;
B. Staff training procedures;
C. Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources.

All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors

10. Cultivation facility exhaust outlets must be located at least 10’ from the property lines, operable openings into the building and from mechanical air intakes (CMC § 506.9).

11. A separate permit from the Fire Department is required for CO2 enrichment systems used within any cultivation system and room. Separate monitoring alarm systems shall be provided in all buildings, areas or rooms which use CO2 enrichment

Manufacturing Facility (MAUCRSA permit type 6, N, P)

1. An Annual Fire Department Operational Permit is required for all cannabis manufacturing facilities.

2. All Plant Processing and Extraction facilities shall comply with CFC Chapter 39.

3. Facilities used for processing cannabis into foods, beverages, salves, inhalants, tinctures or other forms for human consumption or use are subject to review and approval by the Solano County Environmental Health Division. A separate permit application is required through their office. Building permits will not be issued prior to plan approval from Health Department. Final occupancy will not be granted prior to field inspection and approval from Health Department.

4. Type 6 (non-volatile) manufacturing facilities shall comply with CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Factory Industrial, F-1, Moderate-Hazard Occupancy. High pressure CO2 extraction may require classification as a High Hazard H-2 Occupancy based upon system pressure and/or volume. CBC § 306 and 307.

5. Type 7 (volatile) manufacturing facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Factory Industrial, F-1, Moderate-Hazard Occupancy, or High Hazard Group H-2 based upon the Maximum Allowed Quantities (MAQ) of hazardous, dangerous, flammable, or combustible materials used and/or stored in the facility. CBC § 306 and 307.

6. Extraction processes utilizing flammable gasses or flammable cryogenic fluids shall not be located in a building containing a Group A, E, I, or R occupancy. CFC § 3903.2

7. Cannabis manufacturing facilities shall submit as a part of their permit application a comprehensive description of the program and all processes proposed for the operation and production at the facility. The documentation shall, as applies, include (but not be limited to) all the following:

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A. A written narrative that specifies all means, methods, materials, and equipment to be used for extracting, heating, washing, infusing, cooking, baking or otherwise combining, or changing the form of the cannabis plant; all methods and equipment used for testing any cannabis or cannabis product; all methods, materials, and equipment used for processing and packaging the final product; all means, methods, and quantities for storage of raw and processing materials, and final products.

B. A description of all toxic, dangerous, hazardous, volatile, flammable, or other materials regulated by the CBC, CFC, or any other federal, state, or local government codes and standards that will be used, stored, processed, or created at the facility; the quantities of such materials used at each location within the facility; and the manner and quantity in which such materials will be stored.

C. Material Safety Data Sheets for all proposed toxic, dangerous, hazardous, volatile, or health hazard materials proposed for storage and use within the facility.

8. Concentrations of grease, smoke, heat, steam, off-gassing, or products of combustion created when cannabis is manufactured into products including, but not limited to, foods, beverages, salves, inhalants, and tinctures are to be contained as detailed in the CMC §s 506 and 507 (Type I and Type II hoods). Hoods that are utilized for the removal of grease laden vapors shall be protected by a fixed engineered extinguishing system. Contact the Fire Department for verification of requirements.

9. Sanitation requirements for facilities used for processing cannabis into foods, beverages, salves, inhalants, and tinctures shall meet the requirements of Solano County Environmental Health Department. The following are general guidelines that are to be detailed on the drawings submitted for review:

A. Location of hand wash sinks.

B. Hand sinks must be conveniently located for employees.

C. Hand sinks shall only be used for hand washing (maximum water temperature of 110 degrees is to be maintained through an appropriate mixing valve).

D. Sinks used for food or medicine preparation or for washing equipment shall not be used for hand washing.

E. How dishes will be washed. CPC § 802.1 requires all food handling and health care related fixtures, devices, and equipment to discharge through indirect waste lines into a floor sink.

F. Contact surfaces shall be smooth, free of breaks, open seams, cracks, chips, pits and similar imperfections, free from sharp internal angles, corners, crevices, finishes to have smooth welds and joints.

G. Equipment containing bearings and gears shall be designed, constructed, and maintained to ensure that it meets food and health requirements (washing machines are not listed for food or health related preparations).

H. All rooms shall have sufficient ventilation to keep them free from excessive heat, steam, condensation, vapors, odors, smoke, and fumes per CMC chapters 4 and 5.

I. Table or counter mounted equipment shall be installed to facilitate the cleaning of the equipment and adjacent areas by being sealed to the surface or elevated by at least four inches.

J. Three compartment sinks are required for washing, rinsing, and sanitizing equipment and utensils.

K. At least one utility or mop sink must be provided.

L. Garbage and refuse shall be stored in a manner to be inaccessible to insects and rodents.

M. Floors shall be smooth, durable, nonabsorbent, light colored and maintained in good repair.

N. Walls and ceilings must be smooth and easily cleanable.

O. Hazardous materials waste discharge to the sanitary sewer is prohibited.

10. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with CFC, NFPA Standards, H&SC and CCR, including those gases regulated elsewhere in this code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Packet Page 170 of 243Attachment 2 Page 24 of 28

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*Compressed gases classified as hazardous materials shall also comply with CFC Chapters 50 and 53 for general requirements and chapters addressing specific hazards, including Chapters 58 (Flammable Gases), 60 (Highly Toxic and Toxic Materials), 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and 41 (Pyrophoric Materials).

EXTRACTION EQUIPMENT

11. If cannabis plant oil extraction is proposed, provide complete details of the proposed extraction process as a part of the comprehensive narrative description outlined in item # 7 above. Extraction description shall include:

A. Types of extraction proposed (CO2, Butane, Propane, ethanol etc.) B. Number of extraction equipment units proposed
C. Manufacturers cut-sheets for all listed equipment
D. Description of basic design of non-listed equipment
E. Resume of qualifications and experience of proposed independent equipment certification engineer F. Description of proposed exhaust systems
G. Description of monitoring and alarm systems
H. Description for storage and use of raw and production materials I. MAUCRSA Permit type (Type 6 or 7)
J. Description of employee safety program

12. Extraction equipment shall be located in an enclosed room fully separated from all other areas of the facility. Multiple extraction units contained in a single room shall comply with all requirements for occupancy type and MAQ quantities allowed for type of extraction proposed. All extraction units contained in a single room shall be of the same type.

13. Exit doors from any and all rooms containing extraction equipment shall swing in the direction of egress path of travel.

14. A local hydrocarbon, solvent vapor, or CO2 detection and alarm system consistent with CFC requirements shall be used in all extraction and material storage areas as determined by the Fire Code Official. A separate permit from the Fire Department is required for all detection and alarm systems.

15. The use of propane, butane, hexane, or other similar flammable hydrocarbon gasses in open systems is prohibited by Santa Rosa City Code. Closed hydrocarbon systems are approved by permit only after review to confirm that the system follows the CBC, CFC, and Fairfield City Code requirements.

16. Closed hydrocarbon system rooms shall include a low level (typically floor level) mechanical exhaust system (minimum 1 CFM/sq. ft. of floor area) or a hazardous exhaust hood or other system listed and rated for exhausting flammable vapors to capture any possible vapor release. Hydrocarbon extraction ventilation and exhaust systems shall be designed by a licensed mechanical engineer.

17. Where closed hydrocarbon systems use refrigeration recovery units, the unit must be rated for use with hydrocarbon refrigerants.

18. CO2 supercritical extraction relief venting shall be piped to the exterior of the building.

19. The use of alcohol or other volatile, flammable, combustible solvents in open systems is prohibited by Fairfield City Code. Closed solvent systems are approved by permit only after review to confirm that the system follows the CBC, CFC, and Fairfield City Code requirements

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20. Alcohol or other volatile, flammable, combustible solvent extractions or post production treatment where the liquid is heated, boiled, distilled, or evaporated shall be contained within a closed loop system and shall be consistent with the CFC and Fairfield City Code. The proposed solvents (typically alcohol) shall be clearly identified including type, use and storage in the narrative description noted under item # 5 above.

21. Rooms containing extraction equipment using volatile, flammable, or combustible materials and areas adjacent to extraction rooms shall include Class 1 Division 2 rated electrical fixtures, equipment, and wiring methods consistent with California Electrical Code Article 500.

22. Closed solvent extraction system rooms shall include a mechanical exhaust system (minimum 1 CFM/sq. ft. of floor area) or a hazardous exhaust hood or other system designed for or specifically listed and rated for exhausting flammable and/or volatile vapors to capture any possible vapor release. Solvent extraction ventilation and exhaust systems shall be designed by a licensed mechanical engineer.

23. Systems and/or equipment used for extraction shall be listed for the specific use. If the systems and/or equipment is not listed, then the systems and/or equipment shall be reviewed and analyzed by an independent approved California licensed professional engineer. The reviewing engineer shall prepare a technical report based upon analysis of the systems and/or equipment. The report shall be consistent with CFC § 3904.3. The report shall include but not be limited to:

1. Equipment manufacturer information

2. Name and contact information of report author

3. Date of report and revision history

4. Preparers engineering stamp and signature

5. Equipment model number and/or description

6. Description of the design and review methodology

7. Equipment description

8. General flow schematic

9. Pressure vessel analysis

10. Structural analysis of the frame supporting equipment and seismic anchorage of equipment

11. Process safety analysis

12. Comprehensive process analysis

13. Review of assembly instructions, operational and maintenance manuals

14. List of standards and references used in the analysis Report is to be provided for review by the Building Official and Fire Code Official at the time of building permit submittal. Deferred approval of extraction equipment is not allowed.

24. Certification from a California Licensed Engineer confirming field review of the extraction facility and verifying all extraction equipment assembly, installation, and the improvements associated with such equipment are constructed and installed consistent with the approved equipment design and supporting documents. This written certification shall be submitted at final inspection. This certification shall be reviewed and approved by the Building Official and Fire Code Official prior to issuance of occupancy. CFC § 3904.4

25. All extraction equipment shall be subject to annual re-certification by a California licensed engineer. A current report shall be maintained on site for review by the Fire Department during the annual inspection of the facility.

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26. Additions, alterations, or repairs to previously approved extraction equipment shall be reviewed and analyzed by an independent approved California licensed professional engineer consistent with the requirements of CFC § 3904.3. A new and/or revised report outlining all equipment modifications shall be submitted for review and approval by the Building Official and fire Code Official prior to operation of the modified equipment.

Testing/Laboratory (MAUCRSA permit type 8)

1. An annual Fire Department Operational Permit is required for all Testing and Laboratory facilities.

2. Testing/Laboratory facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Business Group, B, Occupancy. CBC § 304.1.

3. Exhaust hoods shall meet the requirements of CMC §s 506, 507 and 508.

4. Hazardous materials storage, use, handling, and wastes shall be permitted and reported through the Fire Department prior to operation.

Retail (MAUCRSA permit 10)

1. Cannabis Retail facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Mercantile Group, M, Occupancy. CBC § 309.1.

2. Cannabis consumption areas associated with retail facilities shall meet CBC Chapter 3 requirements based upon use and occupancy classification A-2.

3. Retail areas including display cases, checkout counters, credit card readers or point of sale devices shall be accessible to persons with disabilities consistent with the requirements of CBC Chapter 11B.

4. Retail facilities where cannabis foods, beverages, salves, inhalants, tinctures, or other forms intended for human consumption or use are sold are subject to review and approval by the Sonoma County Environmental Health Division. A separate permit application is required through their office. Building permit will not be issued prior to plan approval from Health Department. Final occupancy will not be granted prior to field inspection and approval from Health Department.

Distribution Facilities (MAUCRSA permit type 11)

1. An annual Fire Department Operational Permit is required for all Distributor facilities.

2. Distributor facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Storage Group, S, Occupancy. CBC § 311.1.

A. Facilities that include storage and distribution of food products in non-combustible containers shall be classified in Occupancy Group S-2 “Low Hazard Storage”. CBC § 311.3.

B. Facilities that include storage and distribution of all other cannabis packaged and manufactured products shall be classified in Occupancy Group S-1 “Moderate Hazard Storage”. CBC § 311.2.

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Microbusiness (MAUCRSA)

1. Cannabis microbusiness facilities containing cultivation, manufacturing, distribution, retail, and consumption areas in any combination shall be classified as “mixed use” occupancies consistent with CBC section 508. Occupancy classifications for specific areas may include: F-1 (cultivation, manufacturing); H-2 (manufacturing); B (office and administrative); S-1/S-2 (storage, open or enclosed vehicle parking); A-2 (larger consumption areas); M (retail areas).

2. Each separate occupancy area may require fire barrier separation between adjacent occupancies as required in CBC section 508.4

Microbusiness (MAUCRSA permit type 12)

2. Each separate occupancy area may require fire barrier separation between adjacent occupancies as required in CBC section 508.4

Transporter (MAUCRSA permit type 13)

1. Type 13 Transporter facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Storage Group, S-1, and/or Business Group, B, Occupancy. CBC § 311.1.

A. Facilities that include storage, transfer, and/or temporary warehousing of cannabis products shall be classified in Occupancy Group S-1.

B. Facilities that do not contain any storage, transfer or warehousing of products and consists of administrative offices shall be classified in Occupancy Group B.

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Agenda Item No: 13.

AGENDA REPORT
DATE:February 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Second Reading and Adoption 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
Provide second reading and adopt Ordinance 202202.

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.

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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
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Agenda Item No: 13.AGENDA REPORTDATE:February 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Second Reading and Adoption 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 ACTIONProvide second reading and adopt Ordinance 202202.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.

The ordinance was introduced for first reading on February 1, 2022.

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
None recommended.

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

Description
Packet Page 177 of 243

Description
Proposed Ordinance
Exhibit A Government Code 84615
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 2/10/2022 9:55 AM
Packet Page 178 of 243

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 179 of 243Attachment 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 15th 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 180 of 243Attachment 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 181 of 243Attachment 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 182 of 243Attachment 2 Page 2 of 2

Agenda Item No: 14.

AGENDA REPORT
DATE:February 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:First Reading and Introduction of Ordinance 202204 of the City Council of the City of Fairfield Adopting the Official Council District Map to Establish Boundaries for the City Council Districts Following the Decennial Federal Census RECOMMENDED ACTION
Waive full reading, read by title only, and introduce ordinance for first reading.

STATEMENT OF ISSUE
Every ten years, local governments use new census data to redraw their district lines to reflect how local populations have changed. The finalized map will define the six City of Fairfield district borders, and these new districts will impact how councilmembers are elected for the next 10 years. To effectuate the change in district boundaries the City must adopt an ordinance to accept a new map.

DISCUSSION
Redistricting determines which neighborhoods and communities are grouped together into a district for purposes of electing Councilmembers. The City Council sought input in selecting the next district map for electing Councilmembers. The public had an opportunity to share with the City Council how they thought district boundaries should be drawn to best represent their community either during the public hearings or by submitting comments by email.

The City held four public hearings and one community meeting to hear the public’s comments. The first predraft map public hearing was held on August 17, 2021, where the City provided information on the redistricting process and solicited the public’s input on communities of interest to identify neighborhood and secondary areas. The City received no input from the public.

The second predraft public hearing was held on September 21, 2021, where again the City provided information on the redistricting process and solicited the public’s input on communities of interest to identify neighborhood and secondary areas. The City received no input from the public.

On October 7, 2021, the City held a community meeting to receive public input and answer questions.

Two members of the public attended the meeting and were presented with mapping tools.

Packet Page 183 of 243

Two members of the public attended the meeting and were presented with mapping tools.

The third public hearing was held on November 16, 2021. The first draft map, Map 201, was presented to the public and the council. The map was drafted by the demographer at National Demographics Corporation. No maps from the public were submitted. The City received feedback from the public and the council regarding the draft map. They requested that the ranch area in Cordelia (the Ranch) not change districts.

The fourth and final public hearing was held on January 18, 2022. The demographer presented three additional draft maps. Map 201B was similar to the original map except for the Ranch was minimally impacted with only 700 residents changing districts instead of the original 1700. Map 202 demonstrated what it would look like if the public and council’s wishes were followed and all of the Ranch. This map was noncompliant and showed that it was not legally possible to not have the Ranch change districts. Map 204 showed what it would look like if all districts had a nearzero population deviation.

The council received no public input at this public hearing and voted 70 to adopt Map 201 with Districts 1, 3, and 5 to be in the 2022 election cycle, and Districts 2, 4, and 6 to be in the 2024 election cycle. The election cycle remains the same as it was previously.

The council received sufficient input through the above referenced process and the next step to effectuate the change in district boundaries to introduce the attached ordinance. The proposed council district maps were prepared in accordance with all applicable laws, including provisions of the California Voting Rights Act, and the Federal Voting Rights Act.

The second reading and adoption of the ordinance is scheduled for the next regularly scheduled City Council meeting on March 1, 2022.

FINANCIAL IMPACT
There is no specific fiscal impact associated with the proposed recommendation.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Extensive public outreach was conducted to seek the community's input on the composition of maps, election sequence, and all matters related to redistricting. Public hearing notices were published in the Daily Republic newspaper and translated in Spanish and Tagalog. A full schedule of events associated documents, and draft maps have been circulated across all city media outlets and sent to various community groups.

ALTERNATIVE ACTION
None recommended as the deadline for the adoption is April 18, 2022.

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

Description
Proposed Ordinance
Packet Page 184 of 243

Agenda Item No: 14.AGENDA REPORTDATE:February 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:First Reading and Introduction of Ordinance 202204 of the City Council of the City ofFairfield Adopting the Official Council District Map to Establish Boundaries for the CityCouncil Districts Following the Decennial Federal CensusRECOMMENDED ACTIONWaive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUEEvery ten years, local governments use new census data to redraw their district lines to reflect how localpopulations have changed. The finalized map will define the six City of Fairfield district borders, andthese new districts will impact how councilmembers are elected for the next 10 years. To effectuate thechange in district boundaries the City must adopt an ordinance to accept a new map.DISCUSSIONRedistricting determines which neighborhoods and communities are grouped together into a district forpurposes of electing Councilmembers. The City Council sought input in selecting the next district mapfor electing Councilmembers. The public had an opportunity to share with the City Council how theythought district boundaries should be drawn to best represent their community either during the publichearings or by submitting comments by email.The City held four public hearings and one community meeting to hear the public’s comments. The firstpredraft map public hearing was held on August 17, 2021, where the City provided information on theredistricting process and solicited the public’s input on communities of interest to identify neighborhoodand secondary areas. The City received no input from the public.The second predraft public hearing was held on September 21, 2021, where again the City providedinformation on the redistricting process and solicited the public’s input on communities of interest toidentify neighborhood and secondary areas. The City received no input from the public.On October 7, 2021, the City held a community meeting to receive public input and answer questions.Two members of the public attended the meeting and were presented with mapping tools. The third public hearing was held on November 16, 2021. The first draft map, Map 201, was presentedto the public and the council. The map was drafted by the demographer at National DemographicsCorporation. No maps from the public were submitted. The City received feedback from the public andthe council regarding the draft map. They requested that the ranch area in Cordelia (the Ranch) notchange districts.The fourth and final public hearing was held on January 18, 2022. The demographer presented threeadditional draft maps. Map 201B was similar to the original map except for the Ranch was minimallyimpacted with only 700 residents changing districts instead of the original 1700. Map 202demonstrated what it would look like if the public and council’s wishes were followed and all of theRanch. This map was noncompliant and showed that it was not legally possible to not have the Ranchchange districts. Map 204 showed what it would look like if all districts had a nearzero populationdeviation. The council received no public input at this public hearing and voted 70 to adopt Map 201 withDistricts 1, 3, and 5 to be in the 2022 election cycle, and Districts 2, 4, and 6 to be in the 2024 electioncycle. The election cycle remains the same as it was previously. The council received sufficient input through the above referenced process and the next step toeffectuate the change in district boundaries to introduce the attached ordinance. The proposed councildistrict maps were prepared in accordance with all applicable laws, including provisions of theCalifornia Voting Rights Act, and the Federal Voting Rights Act.The second reading and adoption of the ordinance is scheduled for the next regularly scheduled CityCouncil meeting on March 1, 2022.FINANCIAL IMPACTThere is no specific fiscal impact associated with the proposed recommendation. PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONExtensive public outreach was conducted to seek the community's input on the composition of maps,election sequence, and all matters related to redistricting. Public hearing notices were published in theDaily Republic newspaper and translated in Spanish and Tagalog. A full schedule of events associateddocuments, and draft maps have been circulated across all city media outlets and sent to variouscommunity groups.ALTERNATIVE ACTIONNone recommended as the deadline for the adoption is April 18, 2022.STAFF CONTACTAmber Alexander, Deputy City Clerk(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:

Description
Proposed Ordinance
Map 201
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 1/28/2022 2:08 PM
Packet Page 185 of 243

CITY OF FAIRFIELD

ORDINANCE NO. 2022-04

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING THE OFFICIAL

COUNCIL DISTRICT MAP TO ESTABLISH BOUNDARIES FOR THE CITY COUNCIL DISTRICTS

FOLLOWING THE DECENNIAL FEDERAL CENSUS

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

SECTION 1. This Ordinance is adopted with respect to the following purposes:

(a) On February 18, 2020, the City Council adopted Ordinance No. 2020-02 (i) to amend Chapter 2A of the Fairfield Municipal Code to provide for the election of six members to the City Council by district and the election of the Mayor City-wide and (ii) to adopt a map to establish the boundaries and identification number of each district (the “2020 Official Council District Map”).

(b) Pursuant to Section 21601 of the California Elections Code and Section 2A.05 of the Fairfield Municipal Code, following each decennial federal census, the City Council shall adopt boundaries for all City Council districts so that the districts are substantially equal in population as required by the United States Constitution.

SECTION 2. The map attached hereto as Exhibit A is hereby approved and adopted as the official “Council District Map” referenced in Section 2A.02 of the Fairfield Municipal Code and such map shall replace the 2020 Official Council District Map as the official Council District Map to be kept on file in the Office of the City Clerk.

SECTION 4. 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 Council members voting for and against it.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Fairfield hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Packet Page 186 of 243Attachment 1 Page 1 of 2

ORD. NO. 2022-04

Page 2 ends

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 15th 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 187 of 243Attachment 1 Page 2 of 2

6808080Cannon Dr
G re e n Va lle y R d
R an c h S ol an o Pk y Hangar AveN Texas StSummerset DrOakbrook DrTravis BlvdBeck Ave Chadbourne Rd
O liver RdPennsylvania AveAir Base PkyHilborn RdPeabody RdDover Ave532416�2021 CALIPERElection Dates:November 2022Districts 1, 3, 5November 2024Districts 2, 4, 6Packet Page 188 of 243Attachment 2 Page 1 of 2

NDC 201
District 1
Total Pop 20,253
Deviation from ideal 223
% Deviation 1.11%
% Hisp 18.9%
% NH White 30%
% NH Black 10%
% Asian-American 36%
Total 12,247
% Hisp 18%
% NH White 39%
% NH Black 12%
% Asian/Pac.Isl.27%
Total 12,425
% Latino est.23%
% Spanish-Surnamed 21%
% Asian-Surnamed 8%
% Filipino-Surnamed 8%
% NH White est.47%
% NH Black 14%
Total 10,357
% Latino est.22%
% Spanish-Surnamed 20%
% Asian-Surnamed 8%
% Filipino-Surnamed 8%
% NH White est.48%
% NH Black 14%
Total 6,450
% Latino est.19%
% Spanish-Surnamed 18%
% Asian-Surnamed 6%
% Filipino-Surnamed 6%
% NH White est.53%
% NH Black est.15%
ACS Pop. Est.Total 17,817
age0-19 27%
age20-60 54%
age60plus 20%
immigrants 22%
naturalized 78%
english 70%
spanish 10%
asian-lang 16%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well"11%
hs-grad 45%
bachelor 28%
graduatedegree 11%
Child in Household child-under18 43%
Pct of Pop. Age 16+employed 66%
income 0-25k 7%
income 25-50k 6%
income 50-75k 13%
income 75-200k 55%
income 200k-plus 20%
single family 98%
multi-family 2%
rented 17%
owned 83%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 20,639
609

3.04%
48%
20%
14%
13%
12,007
29%
37%
20%
12%
8,790
31%
29%
4%
4%
43%
19%
6,134
29%
27%
4%
4%
44%
18%
3,932
26%
25%
4%
3%
46%
18%
21,070
30%
57%
14%
27%
40%
54%
38%
5%
4%
21%
54%
12%
4%
42%
66%
15%
26%
18%
38%
3%
62%
38%
56%
44%
3 20,007
-23
-0.11%
28%
34%
16%
15%
13,995
19%
48%
16%
16%
11,670
20%
18%
3%
3%
57%
17%
9,160
18%
17%
3%
3%
58%
16%
6,452
15%
15%
3%
3%
61%
16%
19,684
25%
53%
23%
18%
58%
71%
17%
8%
3%
10%
50%
20%
7%
33%
66%
9%
17%
16%
48%
9%
75%
25%
38%
62%
4 19,868
-162
-0.81%
20%
35%
17%
22%
14,172
13%
44%
17%
23%
13,667
18%
16%
6%
5%
53%
19%
11,322
17%
16%
6%
4%
54%
19%
8,122
15%
14%
5%
4%
57%
19%
18,936
20%
52%
27%
23%
69%
75%
7%
14%
4%
10%
45%
27%
12%
28%
64%
8%
13%
11%
50%
18%
81%
19%
32%
68%
5 19,898
-132
-0.66%
47%
16%
20%
12%
11,017
28%
24%
31%
15%
8,178
29%
27%
2%
3%
30%
36%
5,731
27%
25%
2%
3%
31%
37%
3,552
23%
22%
2%
3%
33%
38%
20,262
34%
53%
14%
24%
35%
54%
36%
6%
4%
19%
55%
9%
4%
45%
67%
18%
24%
21%
35%
2%
55%
45%
60%
40%
6 19,513
-517
-2.58%
21%
30%
17%
25%
11,821
17%
38%
19%
22%
9,314
21%
20%
5%
8%
42%
23%
7,254
20%
19%
6%
8%
42%
23%
4,069
17%
16%
4%
7%
46%
24%
17,604
30%
57%
13%
16%
69%
77%
10%
11%
3%
6%
45%
23%
11%
52%
69%
10%
12%
18%
49%
12%
93%
7%
37%
63%
Total
120,178
1,126

5.62%
31%
28%
16%
20%
75,259
21%
39%
19%
19%
64,044
23%
21%
5%
5%
47%
20%
49,958
21%
20%
5%
5%
48%
20%
32,577
18%
17%
4%
4%
52%
20%
115,373
28%
54%
18%
22%
56%
66%
20%
10%
4%
13%
49%
20%
8%
40%
66%
11%
17%
16%
45%
10%
76%
24%
41%
59%
11/09/2021 10:35 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Packet Page 189 of 243Attachment 2 Page 2 of 2

Agenda Item No: 15.

AGENDA REPORT
DATE:February 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Request Policy Direction on a Potential InterAgency Water Delivery Agreement for the Middle Green Valley Project
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
Solano County (County) has formally requested the City of Fairfield (City) to accept raw water, supplied by the Solano Irrigation District (SID), for treatment and delivery back to SID for distribution to the Middle Green Valley Project (MGVP) located in the Middle Green Valley Specific Plan Area in the unincorporated portion of County. If accepted, an interagency water delivery agreement between the City and SID must be negotiated. City staff seeks to deliver a brief report, open discussion and receive policy direction on establishing another interagency water service delivery agreement with SID for the treatment, delivery, and sale of potable water for distribution to the MGVP.

DISCUSSION
The MGVP is a proposed development located in the unincorporated portion of Lower Green Valley in western Solano County, just outside Fairfield city limits and situated within a specific plan area denoted by the County as the Middle Green Valley Specific Plan Area. The Fairfield city limits end approximately 750 feet south of Mason Road along Green Valley Road. Water service is provided by the City within city limits and by SID outside of city limits.

SID’s water service area contains most of the Middle Green Valley Specific Plan Area. All agricultural and nonpotable water demands for the MGVP are proposed to be met by SID or groundwater. Potable water demands for the MGVP have been evaluated multiple times by both the City and SID over the years and have been a specific point of contention on revised recirculated draft environmental impact reports (EIR). This point of contention has been resolved by an updated and finalized EIR.

On December 4, 2012, the City Council adopted Resolution 2012271, which verified a water supply assessment confirming the City’s ability to supply all of the MGVP potable water demands sufficiently.

The resolution documented compliance with Senate Bill (SB) 610 (Chapter 643, Statutes of 2001, codified primarily in §10631 and §10910, et seq. of the California Water Code, relating to water supply planning) and SB 221 (Chapter 642, Statutes of 2001, codified in §11010 of the California Business and Professions Code and §§65867.5, 66455.3, and 66473.7 of the California Government Code, relating to land use) for the MGVP. Both statutes were written to ensure water demand in an area does not outstrip water supplies. Since the County had not made a formal request to the City, no formal action has been taken. An interagency water delivery agreement with SID to formalize the commitment to adopting Resolution 2012271 has not been done.

On December 2, 2021, the County made a formal request of the City to revive efforts in working with SID to execute an interagency water service agreement. Their request asks that the City consider accepting all raw water supply from SID to treat and deliver back to SID and distribute to their water service area (i.e. the MGVP). Although the City’s water supply assessment confirmed that the City had enough water supply to meet the MGVP potable water demands, the City’s water supply will no longer be needed to meet any MGVP water demands. The City’s role in a negotiated interagency water service agreement is treatment and distribution of water back to SID through an interconnection. The City and SID currently have similar agreements to serve County residents who live in certain portions of SID’s water service area (e.g., Blue Ridge Oaks). The pipeline infrastructure is mainly in place to facilitate potable water delivery through a newly constructed interconnection at the intersection of Green Valley Road and Eastridge Drive.

The Middle Green Valley Specific Plan Area has received all necessary approvals, including a certified EIR, including an alternative analyzing the methodology and approach proposed through this resolution.

For more information on the Middle Green Valley Specific Plan, please visit https://www.solanocounty.com/depts/rm/planning/middle_green_valley_specific_plan.asp .

City staff seeks to receive policy direction regarding the County’s formal request to establish an inter agency water service delivery agreement with SID for the treatment, delivery, and sale of potable water for distribution to the MGVP. Suppose staff is directed to negotiate an interagency water service delivery agreement. In that case, staff will return to the council to seek action to adopt a resolution.

FINANCIAL IMPACT
Suppose staff is directed to negotiate an interagency water service delivery agreement. In that case, SID is expected to be responsible for all costs associated with serving potable water to SID’s water service area (e.g., connection charges, construction, volume, general services charges, et al.).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
Michael Hether, Assistant Public Works DirectorUtilities (707) 4287493
[email protected]
COORDINATED WITH
County of Solano and Solano Irrigation District
ATTACHMENTS:

Description
Packet Page 191 of 243

Agenda Item No: 15.AGENDA REPORTDATE:February 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Request Policy Direction on a Potential InterAgency Water Delivery Agreement for theMiddle Green Valley ProjectRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUESolano County (County) has formally requested the City of Fairfield (City) to accept raw water, suppliedby the Solano Irrigation District (SID), for treatment and delivery back to SID for distribution to theMiddle Green Valley Project (MGVP) located in the Middle Green Valley Specific Plan Area in theunincorporated portion of County. If accepted, an interagency water delivery agreement between theCity and SID must be negotiated. City staff seeks to deliver a brief report, open discussion and receivepolicy direction on establishing another interagency water service delivery agreement with SID for thetreatment, delivery, and sale of potable water for distribution to the MGVP.DISCUSSIONThe MGVP is a proposed development located in the unincorporated portion of Lower Green Valley inwestern Solano County, just outside Fairfield city limits and situated within a specific plan area denotedby the County as the Middle Green Valley Specific Plan Area. The Fairfield city limits end approximately750 feet south of Mason Road along Green Valley Road. Water service is provided by the City withincity limits and by SID outside of city limits.SID’s water service area contains most of the Middle Green Valley Specific Plan Area. All agriculturaland nonpotable water demands for the MGVP are proposed to be met by SID or groundwater. Potablewater demands for the MGVP have been evaluated multiple times by both the City and SID over theyears and have been a specific point of contention on revised recirculated draft environmental impactreports (EIR). This point of contention has been resolved by an updated and finalized EIR.On December 4, 2012, the City Council adopted Resolution 2012271, which verified a water supplyassessment confirming the City’s ability to supply all of the MGVP potable water demands sufficiently.The resolution documented compliance with Senate Bill (SB) 610 (Chapter 643, Statutes of 2001,codified primarily in §10631 and §10910, et seq. of the California Water Code, relating to water supplyplanning) and SB 221 (Chapter 642, Statutes of 2001, codified in §11010 of the California Businessand Professions Code and §§65867.5, 66455.3, and 66473.7 of the California Government Code,relating to land use) for the MGVP. Both statutes were written to ensure water demand in an area doesnot outstrip water supplies. Since the County had not made a formal request to the City, no formal actionhas been taken. An interagency water delivery agreement with SID to formalize the commitment toadopting Resolution 2012271 has not been done.On December 2, 2021, the County made a formal request of the City to revive efforts in working withSID to execute an interagency water service agreement. Their request asks that the City consideraccepting all raw water supply from SID to treat and deliver back to SID and distribute to their waterservice area (i.e. the MGVP). Although the City’s water supply assessment confirmed that the City hadenough water supply to meet the MGVP potable water demands, the City’s water supply will no longerbe needed to meet any MGVP water demands. The City’s role in a negotiated interagency waterservice agreement is treatment and distribution of water back to SID through an interconnection. TheCity and SID currently have similar agreements to serve County residents who live in certain portions ofSID’s water service area (e.g., Blue Ridge Oaks). The pipeline infrastructure is mainly in place tofacilitate potable water delivery through a newly constructed interconnection at the intersection ofGreen Valley Road and Eastridge Drive.The Middle Green Valley Specific Plan Area has received all necessary approvals, including a certifiedEIR, including an alternative analyzing the methodology and approach proposed through this resolution.For more information on the Middle Green Valley Specific Plan, please visit https://www.solanocounty.com/depts/rm/planning/middle_green_valley_specific_plan.asp.City staff seeks to receive policy direction regarding the County’s formal request to establish an interagency water service delivery agreement with SID for the treatment, delivery, and sale of potable waterfor distribution to the MGVP. Suppose staff is directed to negotiate an interagency water servicedelivery agreement. In that case, staff will return to the council to seek action to adopt a resolution.FINANCIAL IMPACTSuppose staff is directed to negotiate an interagency water service delivery agreement. In that case,SID is expected to be responsible for all costs associated with serving potable water to SID’s waterservice area (e.g., connection charges, construction, volume, general services charges, et al.).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONN/ASTAFF CONTACTMichael Hether, Assistant Public Works DirectorUtilities(707) 428[email protected] WITHCounty of Solano and Solano Irrigation District ATTACHMENTS:

Description
Letter from Solano County dated December 2, 2021
Resolution 2012271
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 1/31/2022 8:22 PM
Kaushal, Paul Approved 1/31/2022 8:23 PM
Alexander, Amber Approved 2/3/2022 11:08 AM
Alexander, Amber Approved 2/3/2022 11:09 AM
Packet Page 192 of 243

Packet Page 193 of 243Attachment 1 Page 1 of 1

C1TYOFFAIRFIELD
RESOLUTION NO. 2012 1

RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFFAIRFIELDCERTIFYING THESB610WATERSUPPLYASSESSMENTANDSB221VERIFICATIONOF

SUFFICIENTWATERSUPPLYFORTHEMIDDLEGREENVALLEYPROJECT
WHEREAS, SolanoCountyispreparingaSpecificPlanfortheMiddleGreenValley Project; and
WHEREAS, SolanoCountymayseektoacquireup #0190acre-feetoftreatedwater fromtheCitytoservedevelopmentintheSpecificPlanarea; and WHEREAS, watersuppliershavedutiesunderSenateBill610andSenateBill221to evaluatewatersuppliesandverifytheabilitytoprovidewaterfornewdevelopment; and WHEREAS, SolanoCountyhasrequestedthattheCityprepareaWaterSupply AssessmentandVerificationofSufficientWaterSupplyasrequiredbytheselaws; and WHEREAS, theCityhaspreparedtherequesteddocumentation, whichverifiesthat sufficientwatersupplyexiststoservetheproject.

NOW, THEREFORE, THECOUNCILOFTHECITYOF FAIRFIELD HEREBY
RESOLVES:

Section1. TheSB610WaterSupplyAssessmentandSB221VerificationofSufficient WaterSupplyfortheMiddleGreenValleyProject, ascontainedintheattachedExhibit A", isCertified.

PASSEDANDADOPTEDthis18thdayofDecember, 2012, bythefollowingvote:

AYES:

NOES:

ABSENT:

COUNCILMEMBERS: AiAoyNraz
COUNCILMEMBERS: OI
COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

L ...L..
r,
AYOR
CommunityDevelopmentDepartment
S:1CommunityDeelopmentFileslCCPlanning201211218121Water SupplyAssessment-Feinstein\Reso.docx Packet Page 194 of 243Attachment 2 Page 1 of 9

EXHIBITA
Memorandum
PublicWorksDepartment
Date. December4, 2012
To: GeorgeR. Hicks, DirectorofPublicWorks
ErinL. Beavers, DirectorofCommunity Development
From FelixRiesenberg, AssistantPublicWorksDirector/Utilities Subject: SB610WaterSupplyAssessmentandSB221VerificationofSufficient WaterSupply MiddleGreenVaileyProject
Thismemorandumprovidesinformation toassisttheCityofFairfieldindocumenting compliancewithSB610 {Chapter643, Statutesof2001, codifiedprimarily in §10631 and §10910, etseq, oftheCaliforniaWaterCode, relatingtowatersupplyplanning) and SB221 (Chapter642, Statutesof2001, codifiedin §11010oftheCaliforniaBusiness andProfessions Codeand §§65867.5, 66455.3, and66473.7oftheCalifornia Government Code, relatingtolanduse} fortheMiddleGreenValleyProject (proposed development). Theproposeddevelopment islocatedinSolanoCountyoutsidethe FairfieldCitylimitsandassuch, hasnotbeenincludedinrecentWaterSupply Assessments (WSA) performedbytheCity. SolanoCountyhasinquiredaboutthe availability ofCitywatertobeprovidedtotheCountywhichwouldthenservethe proposeddevelopment viaaninter-agencywatersupplyagreement, sothisnewWSA hasbeenpreparedtoverifytheadequacyoftheCity'swatersupplyshouldtheCounty makeamoreformalrequestforwaterservicefromtheCityinthefuture.

BothSB610andSB221becameeffectiveJanuary1, 2002. Thetwostatuteswere writtentoensurewaterdemandinanareadoesnotoutstripwatersupplies.

Specifically, growthshouldnotproceedwithoutadequatewatersupliesavailab{eunder somedefined, reasonable "worstcase" scenario. Thispositionisalsothelong-standing policyoftheCityofFairfield.

Packet Page 195 of 243Attachment 2 Page 2 of 9

Memorandum toGeorgeR, Hicks
Re: SB610andSB221Campliance, MiddleGreenValleyProject
Page2December4, 2012
TheCityhashistoricallytakenaconservativeviewofitswatersuppliesanddemands, consistentwiththeletterandintentofSB60andSB221, Infact, theCityisperhaps evenmoreconservative thanSB610orSB221require, asdiscussedfurtherbelow.

GeneralInformation
SB614requiresa20-yearwatersupplyassessmentfor "normal," "singledryyear," and multipledryyear" scenarios, andthisanalysisisaisoincludedintheCity'sUrban WaterManagementPlan (UWMP). TheCitybelievesthemultipledryyearscenarioto betheworstcaseforplanningpurposes, anddemandmustnotexceedthatsupply.

SB610AnalysisforProposedDevelopment
TheCity'sGeneralPlanlandusedevelopmentprojectionsserveasthebasisforwater demandprojectionsintheCity's2010UrbanWaterManagement Plan (UWMP}, last revisedandadoptedinJune2011, herebyincorporatedbyreference, whichcontains informationrequiredbyWaterCodeSection10910. Thismemorandumprovidesallof therequiredsupplementalinformationtoincludetheproposeddevelopment inthewater demandsoftheGeneralPlanandtheUWMP, includingupdatedwatersupplyand demandfiguresuptoandincludingtheproposeddevelopment. In2009, theStateof Califarniapassedseveralstatutesthatwillmandategreaterlevelsofurbanwater conservationinFairfield. Theimpactofthesestatuteshasbeenassessedandincluded intheattachedanalysis. Watersupplyreliabilityfiguresarebasedonstateandlocal dataandassumptionsfrom2010.

BasedoninformationprovidedbySolanoCounty, theproposeddevelopment's anticipated waterdemandswillcreatea190acre-footperyearincreaseddemandon theCitywatersupplythatisnotpresentlyintheCity'sGeneralPlanorpresentwater supplyplanning. Thismemorandum assessesandverifiesthesufficiency ofCitywater suppliestoservethischangealongwithallotherprojectedwaterdemands.

TheCityofFairfield'swatersuppliesaretheSolanoProject, theStateWaterProject, SettlementWater, andrecycledwater, describedingreaterdetailintheCity'sUWMP andGeneralPlan. SolanoProjectsuppliescometotheCitythroughseveraldifferent agreements. TheCityutilizesnogroundwater supply. AsrequiredbySB610, attached heretoasTable1isasummaryofwatersupplyreliabilityoverthepast22years, 1990 through2011, fortheSolanoProjectandStateWaterProject.

TheattachedTables2, 3and4showthepresentlyforecastedwatersuppliesand demandsfortheCityofFairfieldwiththeproposeddevelopmentunder "normal", "single SB610andSB221applyonlytocertainclassesoflargeprojects. ThemostapplicabletotheCityof Fairtieldareresidentialdevelopmentsofmorethan500dwellingunits. However, Citypolicyistoprovide watersupplyassuranceforalldevelopmentsservedregardlessofsizeouttoultimatedevelopment.

Packet Page 196 of 243Attachment 2 Page 3 of 9

Memorandum #oGeorgeR. Hicks
Re: SB610andSB221Compliance, MiddleGreenValleyProject
Page3December4, 2012
dry", and "multipledry" yearhydrologicconditions. (Toensureconsideratian of cumulativeimpacts, thesetablesincludeotherforecasteddevelopmentsandrelated revisions, orproposedrevisions, totheCity'sGeneralPianthathavegonethrougha watersupplyassessment e.g., HawthorneMillandtheTrainStationSpecificPlan.) Tables2, 3and4showtheCitycanseveallprojectedgrowth, throughultimate development (notjust20years), includingtheproposeddevelopment. Consequently weconcludethattheCityhasasufficientwatersupplyforthepraposeddevelopment, andtherequirementsofSB610aremet.

Inaddition, theCityhasreserved10,000acre-feetperyearofwateronits "demand side" for "waterintensiveindustry" thateffectivelyservesasacontingency (theCityhas onlyoneindustryconsideredwater-intensivetoday, anAnheuser-Buschbrewery).

Futureprojecteddeficienciesmaybetakenfromthiscontingencysupply. This alternativeuseofthewaterintensiveindustryreserveimpliesthatCitygrowthinthe waterintensiveindustrysectorislesscertainthanothersectorsandplannedwater intensiveindustryprojectswillreceiveahighlevelofscrutinybeforebeingapproved.

SB221Analvsisforp'ropoedDevelopment
SB221requires, atthetentativemapstage, awrittenverificationofsufficientwater supply. Thismemorandum providessubstantialevidencethatthatrequirementisorwill bemetforallprojectstobeservedbytheCitythroughultimatedevelopment, including theproposeddevelopment, andthereforeprovidesthewrittenverificationofsufficient watersupplyfortheproposeddevelopment.

SB221alsorequiresimpositionofaconditionofapprovalonthetentativesubdivision mapforthisprojectthatsufficientwatersupplyshallbeavailable, andsuchacondition should be incorporated into any approval ofthis project. (Govt. Code Sec. 66473.7(b)(1)).

ChanainaAssumntions
TheCaliforniaCourtshavedecidedanimportantcasethattheCitybelieveswillhavea majorpositiveeffectonCitywatersupplyprojections. Thecase (consolidatedState WaterResourcesControlBoardCases, C044714), commonlyreferredtonowas "the RobieDecision" (afterthe3 DistrictCaliforniaCourtofAppealJudgeRonaldB. Robie, whoauthoredthedecision) heldthatthestate'sareaof (water) originpratectionstatutes applytowatersupplycontracts, notjusttowatersuppliesobtaineddirectlybypermit r license. InMay2006, theCaliforniaSupremeCourtrefusedtohearpetitionsforreview, sotheRobieDecisionisfinal.

Packet Page 197 of 243Attachment 2 Page 4 of 9

Memorandum toGeargeR. Hicks
Re: SB610andSB221Compliance, MiddleGreenVaileyProject
Page4December4, 2012
TheCitybelievestheRobieDecisionprovidesstrongsupportforthecontentionthatthe stateDepartmentofWaterResources mustrecognizetheCity'swatershedpriority (per WaterCodeSectian11460etseq.) toStateWaterProjectwater (forwhichtheCity holdsacontractviaSolanoCountyWaterAgency). IftheCityiscorrect, thismeansthe City'sStateWaterProjectwatersupplyshownintheUrbanWaterManagementPlan shouldnotbediscountedduetounreliabilityindryyears, butrathershouldbe "counted" atthemaximumcontractamountof14,678acre-feetperyear. Thisrepresentsadry- year (90% exceedence) gainofover9,000acre-feetperyearfromwhatisshownnow intheUrbanWaterManagement Planandthismemorandum, TheSolanoCounty WaterAgencyandotherStateWaterProjectcontractorswithinareascoveredbythe areaoforiginprotectionstatutes, attheCity'surging, havefiledalawsuitagainstthe stateDepartmentofWaterResourcesassertingtheserights. Settlementnegotiations havebeenon-goingwithatentativeagreementreached. Severalprocedural stepsstill needtotakeplacebeforethesettlementcanbefinalized. Iffinalized, theeffective watersupplyavailabletotheCitywillbeincreasedsignificantly, althoughnottothefull 9,000acre-feetperyearlevelnotedabove.
cc: SteveHartwig, Assistant PublicWorksDirector/CityEngineer Packet Page 198 of 243Attachment 2 Page 5 of 9

TABLE1
CityofFairfield
HistoricalImportedProjectWaterDeficiencieslSupplies, 1990-2011 Year
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2041
2oa2
2003
2004
2005
2006
2007
2008
2009
2010
2011
StateWaterProject
Deficiency TaleA
100%
70% 30%
55% 45%
10Q%
50% 50%
100%
100%
100%
100%
10Q%
10% 90%
61 39
30% 70%
oio soia
35% 65%
10% 90%
100%
40% 60%
65% 35%
60% 40%
50% 50%
35% 65%
SolanoProject
eftciency Entiflement
100%

16.9% 83.1

21.5% 78.5%
100%
13,0% 87.Q%
100%
100%
100%
100%
100%
100%
100%
100%
ooio
100%
100%
100%
100%
100%
100%
1QO%
100%
CalendaryearforStateWaterProject. WaterYear, beginningMarchofyear shown, forSolanoProject.

FirstyearofStateWaterProjectdeliveriestoCity.

Packet Page 199 of 243Attachment 2 Page 6 of 9

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Packet Page 202 of 243Attachment 2 Page 9 of 9

Agenda Item No: 16.

AGENDA REPORT
DATE:February 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202230 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and JStokes Agency to Implement the Branding and Marketing Component of the Economic Development Strategic Plan
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On June 1, 2021, the City Council adopted the Economic Development Strategic Plan (Strategic Plan).

The City is seeking to contract with JStokes Agency (JStokes) to implement the branding and marketing components outlined in the three roadmaps of the Strategic Plan.

DISCUSSION
On September 1, 2020, the council approved a consultant services agreement with Chabin Concepts, Inc. to prepare an economic development strategic plan for the City. Rather than a broadbased strategic plan, Chabin offered a strategic plan that incorporates specific actions to follow in the form of roadmaps, including the following: The Heart of Fairfield (HOF) Downtown Roadmap, Business and Industrial Parks Roadmap, and Marketing and Business Attraction Roadmap. On June 1, 2021, the council adopted the completed Strategic Plan.

Strategic Roadmaps
Each strategic roadmap focuses on promoting a new brand identity, the attraction of businesses in targeted industry clusters, job creation, and transformation. The HOF Downtown Roadmap focuses on transforming the downtown into a destination branded as “Fairfield’s Food and Arts District.” The Business and Industrial Parks Roadmap recommends promoting our business and industrial parks as the “North Bay’s Emerging Business and Industry Hub.” The Marketing and Business Attraction Roadmap outlines a multifaceted marketing strategy to support the advancement of the new identities for the downtown and business and industrial parks.

A total budget estimate for implementing the three roadmaps is $2,829,500. These plans should result in significant annual benefits to the City, as detailed below. The benefits include economic impact and new tax generation for the City over the next five years. The basis for these projections is square footage absorption of vacant space and development, downtown development, and the business and industrial parks.

Es mated Annual Economic Impact and New Tax Genera on
Direct and Indirect Job Crea on 1,670
Direct Sales Tax Genera on $381,000 Annually
Local Taxes $4.5 Million Annually
Total Economic Impact $228.8 Million Annually
Brand Manager Request for Proposals (RFP)
The Strategic Plan pointed out the extensive marketing and messaging activities needed beyond the capacity of the City’s Marketing & Outreach Division (MOD) based on their current staffing levels. As such, an outside firm was sought.

On July 19, 2021, staff released an RFP from firms with branding, marketing, and social media experience to implement the strategies outlined in the Strategic Plan over an anticipated twoyear period. Five firms responded. After interviews and analysis, JStokes was chosen as the firm whose experience and qualifications best matched the requirements in the RFP.

JStokes
JStokes has a track record of more than four decades in shaping some of the Bay Area’s most notable and successful development zones. Their vast experience includes projects such as suburban office, research and development, industrial projects, largescale redevelopment, reuse areas, and downtown retail centers. JStokes has experience providing clear, differentiated brand positioning and strategic design throughout their projects have attracted toptier companies, rapidly growing businesses, and residents.

Their experience also includes marketing and branding work with the public and private sectors and real estate development and recruitment. Their experience doing similar marketing work for the City of Livermore, City of Richmond, Bishop Ranch, and the Hacienda Business Park was of particular interest.

Dan Stokes leads the firm with over 40 years of experience in brand strategy development across traditional and digital media landscapes. Mr. Stokes will serve as the vital point of contact for the agency, directing brand positioning, leading client meetings, and managing budget and timelines.

Scope of Work
The scope of work, to be completed over two years, is divided into three broad categories, based on the focus of the strategic roadmaps. JStokes’ work will require close coordination with the MOD team and the economic development division manager.

Heart of Fairfield
TASK 1: Initiate placemaking tactics to transform Heart of Fairfield into a unique destination.

STRATEGY 1: Position HOF as Fairfield’s Food & Arts District •Downtown Summit: Engage key stakeholders – planning, coordination, presentation STRATEGY 2: Initiate a pilot Block by Block program
•Build a messaging storyline as Food & Arts Center: HOF brand story and key messages •Quarterly promotional theme ideation and design
TASK 2: Fill vacancies, diversify business mix, create economic vitality.

Packet Page 204 of 243

STRATEGY 1: Engage with brokers and developers to promote business and development opportunities
•Create downtown development network
•Outreach to Bay Area and Sacramento brokers – direct mail with swag, email, followup •Brokers/developers kickoff event – planning, coordination, presentation •Quarterly outreach launch – email updates with relevant market info •Continuously update package material
STRATEGY 2: Keep and grow critical business anchors
• Create business specific communications
•Support HOF marketing collaborative
STRATEGY 3: Attract new business
•Create and implement targeted business recruitment campaign STRATEGY 4: Capitalize on entrepreneurship to maximize HOF creative placemaking •Develop entrepreneurial hero stories – identify, develop, and format materials Fairfield Business Parks
TASK 1: Begin to reposition Fairfield from “halfway between…” to the “North Bay’s Emerging Business and Industry Hub”.

STRATEGY 1: Create a broader awareness of Fairfield’s market position and proximity to the San Francisco Bay Area, East Bay, and Napa as the “emerging” place to be locating your business. •Create and market a repositioning theme to North Bay’s Emerging Hub for Business and Industry. •Create awareness ads in the East Bay Business Journal (Journal), push press releases and stories, and sponsor multipage inserts and billboards.
•Schedule placements in the Journal a minimum of six times per year (quarter page size). •Place multipage inserts in the Journal annually.
•Initiate consistent messaging to external brokers and site selectors (list provided). •Launch and schedule external messaging to brokers and site selectors a minimum of six times per year.

TASK 2: Build strong partner relationships with local industrial, commercial, and office brokers.

STRATEGY 1: Leverage assets by rebuilding a strong partnership with existing brokers. •Provide valueadded services to brokers offer video tours of buildings, sites, and business parks. •Work closely with office market brokers to identify target businesses and launch joint marketing campaign(s).

TASK 3: Build a pipeline of leads and prospects.

STRATEGY 1: A more focused marketing and sales effort directed to specific decisionmaker influencers, such as site selectors, corporate brokers, and targeted businesses. •Maintain and update new brand deck highlighting Fairfield location, business parks, and featured properties.
•Create icebreaker packages for targeted outreach calls to the 70+ target businesses identified. •Move business leads to potential prospects.
• Refresh target leads.

Overall Marketing & Business Attraction
Packet Page 205 of 243

Agenda Item No: 16.AGENDA REPORTDATE:February 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202230 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand JStokes Agency to Implement the Branding and Marketing Component of theEconomic Development Strategic Plan RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn June 1, 2021, the City Council adopted the Economic Development Strategic Plan (Strategic Plan).The City is seeking to contract with JStokes Agency (JStokes) to implement the branding andmarketing components outlined in the three roadmaps of the Strategic Plan. DISCUSSIONOn September 1, 2020, the council approved a consultant services agreement with Chabin Concepts,Inc. to prepare an economic development strategic plan for the City. Rather than a broadbasedstrategic plan, Chabin offered a strategic plan that incorporates specific actions to follow in the form ofroadmaps, including the following: The Heart of Fairfield (HOF) Downtown Roadmap, Business andIndustrial Parks Roadmap, and Marketing and Business Attraction Roadmap. On June 1, 2021, thecouncil adopted the completed Strategic Plan. Strategic RoadmapsEach strategic roadmap focuses on promoting a new brand identity, the attraction of businesses intargeted industry clusters, job creation, and transformation. The HOF Downtown Roadmap focuses ontransforming the downtown into a destination branded as “Fairfield’s Food and Arts District.” TheBusiness and Industrial Parks Roadmap recommends promoting our business and industrial parks asthe “North Bay’s Emerging Business and Industry Hub.” The Marketing and Business AttractionRoadmap outlines a multifaceted marketing strategy to support the advancement of the new identitiesfor the downtown and business and industrial parks.A total budget estimate for implementing the three roadmaps is $2,829,500. These plans should resultin significant annual benefits to the City, as detailed below. The benefits include economic impact andnew tax generation for the City over the next five years. The basis for these projections is squarefootage absorption of vacant space and development, downtown development, and the business andindustrial parks.Es mated Annual Economic Impact and New Tax Genera onDirect and Indirect Job Crea on 1,670Direct Sales Tax Genera on $381,000 AnnuallyLocal Taxes $4.5 Million AnnuallyTotal Economic Impact $228.8 Million AnnuallyBrand Manager Request for Proposals (RFP)The Strategic Plan pointed out the extensive marketing and messaging activities needed beyond thecapacity of the City’s Marketing & Outreach Division (MOD) based on their current staffing levels. Assuch, an outside firm was sought.On July 19, 2021, staff released an RFP from firms with branding, marketing, and social mediaexperience to implement the strategies outlined in the Strategic Plan over an anticipated twoyearperiod. Five firms responded. After interviews and analysis, JStokes was chosen as the firm whoseexperience and qualifications best matched the requirements in the RFP.JStokesJStokes has a track record of more than four decades in shaping some of the Bay Area’s most notableand successful development zones. Their vast experience includes projects such as suburban office,research and development, industrial projects, largescale redevelopment, reuse areas, and downtownretail centers. JStokes has experience providing clear, differentiated brand positioning and strategicdesign throughout their projects have attracted toptier companies, rapidly growing businesses, andresidents. Their experience also includes marketing and branding work with the public and private sectors andreal estate development and recruitment. Their experience doing similar marketing work for the City ofLivermore, City of Richmond, Bishop Ranch, and the Hacienda Business Park was of particularinterest.Dan Stokes leads the firm with over 40 years of experience in brand strategy development acrosstraditional and digital media landscapes. Mr. Stokes will serve as the vital point of contact for theagency, directing brand positioning, leading client meetings, and managing budget and timelines. Scope of WorkThe scope of work, to be completed over two years, is divided into three broad categories, based onthe focus of the strategic roadmaps. JStokes’ work will require close coordination with the MOD teamand the economic development division manager.Heart of FairfieldTASK 1: Initiate placemaking tactics to transform Heart of Fairfield into a unique destination.STRATEGY 1: Position HOF as Fairfield’s Food & Arts District•Downtown Summit: Engage key stakeholders – planning, coordination, presentationSTRATEGY 2: Initiate a pilot Block by Block program•Build a messaging storyline as Food & Arts Center: HOF brand story and key messages•Quarterly promotional theme ideation and designTASK 2: Fill vacancies, diversify business mix, create economic vitality.STRATEGY 1: Engage with brokers and developers to promote business and developmentopportunities•Create downtown development network •Outreach to Bay Area and Sacramento brokers – direct mail with swag, email, followup•Brokers/developers kickoff event – planning, coordination, presentation •Quarterly outreach launch – email updates with relevant market info •Continuously update package material STRATEGY 2: Keep and grow critical business anchors • Create business specific communications•Support HOF marketing collaborativeSTRATEGY 3: Attract new business•Create and implement targeted business recruitment campaignSTRATEGY 4: Capitalize on entrepreneurship to maximize HOF creative placemaking •Develop entrepreneurial hero stories – identify, develop, and format materialsFairfield Business ParksTASK 1: Begin to reposition Fairfield from “halfway between…” to the “North Bay’s EmergingBusiness and Industry Hub”.STRATEGY 1: Create a broader awareness of Fairfield’s market position and proximity to the SanFrancisco Bay Area, East Bay, and Napa as the “emerging” place to be locating your business.•Create and market a repositioning theme to North Bay’s Emerging Hub for Business and Industry.•Create awareness ads in the East Bay Business Journal (Journal), push press releases and stories,and sponsor multipage inserts and billboards.•Schedule placements in the Journal a minimum of six times per year (quarter page size).•Place multipage inserts in the Journal annually. •Initiate consistent messaging to external brokers and site selectors (list provided).•Launch and schedule external messaging to brokers and site selectors a minimum of six times peryear. TASK 2: Build strong partner relationships with local industrial, commercial, and officebrokers.STRATEGY 1: Leverage assets by rebuilding a strong partnership with existing brokers.•Provide valueadded services to brokers offer video tours of buildings, sites, and business parks.•Work closely with office market brokers to identify target businesses and launch joint marketingcampaign(s).TASK 3: Build a pipeline of leads and prospects.STRATEGY 1: A more focused marketing and sales effort directed to specific decisionmakerinfluencers, such as site selectors, corporate brokers, and targeted businesses.•Maintain and update new brand deck highlighting Fairfield location, business parks, and featuredproperties.•Create icebreaker packages for targeted outreach calls to the 70+ target businesses identified.•Move business leads to potential prospects.• Refresh target leads.

Overall Marketing & Business Attraction
TASK 1: Increase new positioning identities
STRATEGY 1: Manage Fairfield Marketing and Messaging as a Brand. •Expand and enhance the consistency and frequency of City messaging. •Build strong awareness with external business audiences, branding Fairfield as a “place.” •Collaborate with Solano Economic Development Corporation (EDC) to launch a Fairfieldcentric video campaign.

TASK 2: Create a new identity for HOF
STRATEGY 1: Position HOF as a Food and Arts District to attract new investment and business. •Build a messaging storyline of an entrepreneurial city with a vision for transformation. •Develop an entrepreneurial pipeline, leveraging hero/entrepreneur stories (Marketing Roadmap). •Create a marketing and sales funnel by pushing out space opportunities to businesses. •Form a Marketing and Promotions Collaborative for events and promotional activities in the HOF.

FINANCIAL IMPACT
The Strategic Plan estimated an annual cost between $543,000 $694,000 for an outside consultant to implement the branding and marketing work after subtracting internal staff tasks. After determining that JStokes was the most qualified candidate, staff completed three rounds of revisions to ensure that all tasks outlined in the Strategic Plan were covered and that the associated costs were in order. This analysis revealed that several areas identified in the Strategic Plan did not identify specific cost line items. To achieve the final budget outlined below, staff received assistance from the MOD team.

Year 1 Year 2
Business & Industrial Parks $140,475 $96,950
HOF Downtown $129,500 $108,500
City – Wide
Marketing & Business Attraction $178,675 $179,550
Contingency $50,000 $50,000
Account Service & Project Mgmt.$94,675 $94,675
Contract $593,325 $529,675
Additional Costs
Media Placement & Printing $74,000 $74,000
$667,325 $603,675
The contract with JStokes will total $1,123,000 ($593,325 year one and $529,675 year two). The contract includes a $50,000 contingency each year, In addition, the overall project budget includes $74,000 in fixed costs per year for media ad placement and printing. Funding for this contract will come from the Intergovernmental Loan Fund designated for HOF and economic development activities (Fund 551, Division and Responsibility Code 99206).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may elect not to approve the agreement and not move forward with this aspect of the Strategic Plan. However, not doing so eliminates a critical component of the council adopted economic development strategy.

Packet Page 206 of 243

STAFF CONTACT
Dwayne Dalman, Economic Development Division Manager
(707) 4287649
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Gassaway, David Rejected 2/3/2022 5:45 PM
Dalman, Dwayne Approved 2/9/2022 12:42 PM
Gassaway, David Approved 2/9/2022 3:42 PM
Alexander, Amber Approved 2/9/2022 3:51 PM
Alexander, Amber Approved 2/9/2022 3:51 PM
Packet Page 207 of 243

CITY OF FAIRFIELD

RESOLUTION NO. 2022-30

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND JSTOKES AGENCY TO IMPLEMENT THE BRANDING AND

MARKETING COMPONENT OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN

WHEREAS, on September 1, 2020, the City Council approved a consultant services agreement with Chabin Concepts, Inc. to prepare an Economic Development Strategic Plan (Strategic Plan); and

WHEREAS, on June 1, 2021, the City Council adopted the completed Strategic Plan; and

WHEREAS, it was determined that an outside firm is needed to implement the branding, marketing, and social media components of the Strategic Plan; and

WHEREAS, a request for proposals (RFP) was released to hire a firm, and JStokes Agency was chosen as the most qualified firm; and

WHEREAS, the proposal received from JStokes Agency was reviewed and found to be in order; and

WHEREAS, staff is recommending that the council approve the agreement with JStokes Agency; and

WHEREAS, the council approved $2,829,500 to implement the Strategic Plan from the Intergovernmental Loan Fund designated for the Heart of Fairfield and economic development activities; and

WHEREAS, the proposed agreement with JStokes Agency will be funded from the Intergovernmental Loan Fund.

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

Section 1. The city manager is hereby authorized to execute the professional services agreement between the City and JStokes Agency for an amount not to exceed $1,271,000, as attached hereto.

Packet Page 208 of 243Attachment 1 Page 1 of 2

RES. NO. 2022-30

Page 2 ends

PASSED AND ADOPTED this 15th 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 209 of 243Attachment 1 Page 2 of 2

revised 1/22/2021

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 2022, by and between the City of Fairfield, a municipal corporation (the “CITY") and JStokes Agency ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect through December 2023; or until the scope of work is completed.
8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 9) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 10) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 11) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

Packet Page 210 of 243Attachment 2 Page 1 of 34

revised 1/22/2021
CITY Contact: Jorge Barrera, Sr. Economic Development Project Manager E-mail: [email protected]
Address: 1000 Webster Street, 2nd Floor
Fairfield, CA 94533
Telephone: (707) 428-7039
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Dan Stokes, Executive Vice President E-mail: [email protected]
Address: 1444 North Main Street
Walnut Creek, CA 94596
Telephone: (925) 933-1624

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:__________________________________

CONSULTANT

By:___________________________________

Packet Page 211 of 243Attachment 2 Page 2 of 34

revised 1/22/2021
EXHIBIT “A”

SCOPE OF SERVICE

Packet Page 212 of 243Attachment 2 Page 3 of 34

CITY OF FAIRFIELD

REQUEST FOR PROPOSAL

09.14.2021
Exhibit "A"
Packet Page 213 of 243Attachment 2 Page 4 of 34

City of Fairfield Branding & Marketing
page 2
September 14, 2021
Dwayne Dalman
Economic Development Division Manager
City of Fairfield
1000 Webster Street, Second Floor
Fairfield, California 94533
Dear Mr. Dalman,
We are excited to present our proposal to the City of Fairfield for the execution of branding and marketing strategies in support of the stated objectives of creating new job opportunities, encouraging entrepreneurship and innovation, enhancing fiscal sustainability, investing in catalyst development areas, and increasing private investment throughout the City.

JStokes’ “best of both worlds” experience in real estate and retail marketing uniquely positions us for success in pursuing these objectives. We understand what it takes to drive attention, interest and adoption for emerging locations. From suburban communities, to urban cores, to tech hubs – we have helped many of the Bay Area’s growth zones thrive by attracting major employers, supporting services and residents.

Our team is also extremely effective in establishing positive, active collaborations with our clients, as evidenced by many of the decades-long relationships we enjoy.

Most importantly, our ability to clearly differentiate our client brands in unique and memorable ways will help the City of Fairfield truly stand out in a competitive field.

Our proposal response addresses the many tasks outlined in the Economic Development Roadmap in a flexible manner. We understand that while there are clear deliverables requested, the execution will need to evolve over time. We will work closely with your team to optimize the execution of this plan and look for efficiencies with internal resources as it progresses.

We look forward to working with you!
Dan Stokes
Executive Vice President
(925) 788-0025
JStokes Agency
FEIN # 68-0009505
Packet Page 214 of 243Attachment 2 Page 5 of 34

City of Fairfield Branding & Marketing
page 3

A PARTNERSHIP FORGED IN

SUCCESSFUL STRATEGY
JStokes is joining forces with Post Modern Marketing to deliver the optimum team of brand strategists and digital marketers to fulfill the objectives of the City of Fairfield’s economic development strategic roadmap. This team has been working in tandem for the past two years.

JStokes has a track record of more than four decades in shaping some of the Bay Area’s most notable and successful development zones. From suburban office, R&D and industrial projects to urban, transit-oriented hubs to large scale redevelopment and reuse areas and downtown retail centers, JStokes has provided clear, differentiated brand positioning and strategic design that has attracted top tier companies, rapidly growing businesses and residents that bring these areas to life.

Post Modern Marketing also has deep experience in supporting growth and development for businesses and local entities. Building out web platforms for real estate developers, outreach strategies for chambers of commerce, and complex marketing automations to meet lead generation goals, the PMM team is uniquely qualified to support your team and ours in ensuring we can mazimize the effort and results of the opportunities we build.

By combining our teams in supporting the City of Fairfield, we’ll be able to build a strong brand message, a thorough outreach plan, comprehensive digital strategies, and systems to support the City’s economic outreach team’s goals and communication efforts. Simply put, we’ll build a strong marketing plan to reach the right people, track data to make better decisions, and build systems to help your team focus their time on relationships instead of busy work.

While both our teams have extensive experience with supporting business parks, local organizations and more, we do not have nor do we anticipate any conflicts of interest during this engagement.

Packet Page 215 of 243Attachment 2 Page 6 of 34

City of Fairfield Branding & Marketing
page 4

ABOUT JSTOKES
COMMON SENSE. UNCOMMON THINKING.

In other words, we’re a creative marketing agency that puts business first.

We provide practical, actionable solutions to your most pressing marketing challenges. Then we translate those solutions into stories that elicit emotion, drive action, and generate results.

We’ve been doing it for 40 years. Singularly driven. Strongly independent.

And solely focused on making a difference.

When it comes to placemaking, JStokes has helped some of the biggest and best names in the business. We’ve also worked in nearly every real estate asset class and discipline – from development, investment and finance to brokerage, management and legal counsel.

And, we know your audience – from the C-level to the street level. And, we’ve worked directly with leading Bay Area commercial real estate brokerages and agents as clients and in tandem with our development projects.

Over the years we’ve helped generate billions of dollars in sales and investment and moved more than 45 million of square feet of commercial assets.

Packet Page 216 of 243Attachment 2 Page 7 of 34

City of Fairfield Branding & Marketing
page 5

RELEVANT CLIENT EXPERIENCE
JStokes is entrenched in the Bay Area commercial real estate industry. We have relationships with firms and individuals who would directly fit our target audience as we look to promote Fairfield as a destination for businesses and investments.

REAL ESTATE CLIENT EXPERIENCE
• AT&T Real Estate
• Catellus
• Century Communities
• Chevron Land
• City of Livermore
• City of Richmond
• Coldwell Banker Commercial
• Colliers
• Contra Costa Economic
Development Assn.
• Contra Costa Economic
Development Committee
• Cushman Wakefield
• Emerald Fund
• Hines
• Jones Lang LaSalle
• K&B Homes
• Lafferty Communities
• Legacy Partners
• Lennar
• River Islands
• RREEF
• Shea Properties
• Tishman
• UDR
• Zarsion

CONSUMER CLIENT EXPERIENCE
• Bay Alarm
• Black Bear Diner
• COIT Cleaning
• Cost Plus
• F&M Bank
• Faultline Brewery
• Grease Monkey
• Mechanics Bank
• Obag
• P.F. Chang’s
• Papa Murphy’s
• Pizza Factory
• Roto Rooter
• Sacramento Kings
• Scott’s Seafood
• Sonoma Library
• Sonoma Raceway
• Stanley Steemer
• Subway Restaurants
• UPS Store
• Wells Fargo
Packet Page 217 of 243Attachment 2 Page 8 of 34

City of Fairfield Branding & Marketing
page 6

FINDING YOUR VOICE
JStokes works to help create memorable stories for brands that people from all walks of life interact with and depend upon on a daily basis. Here are just a few of the brands that we helped find a voice.

WHAT HAVE YOU GOT TO LOSE?
Bay Alarm
THERE’S MORE HERE.

City of Livermore
SHARE THE ENERGY.

Bishop Ranch
IP FOR A NEW AGE.

Knobbe Martens
Bryan Cave Leighton Paisner
FULL SERVICE. FULL SPEED.

SpeeDee Oil Change & Auto Services
PEOPLE. POWERED.

Athens Administrators
INVEST IN WHAT’S REAL.

USCF
DESIGN FOR WHAT’S AHEAD.

Be. Workplace Design
SPACE THAT INSPIRES.

Wareham Development
I’M A MECHANIC.

Mechanics Bank

THE REASON TO CHOOSE HACIENDA
TODAY, IS TOMORROW.

Hacienda Business Park
PRECISION PERFORMANCE.

Norton Packaging
YOUR BRAND, IN PLACE.

Retail Merchandising Solutions
WHERE DREAMS GET DONE.

Blue Mountain Realty
Packet Page 218 of 243Attachment 2 Page 9 of 34

City of Fairfield Branding & Marketing
page 7

TEAM JSTOKES
A group of professionals dedicated to helping the City of Fairfield find its voice and set itself apart from other regions. Your team will be led by:

DAN STOKES, EXECUTIVE VICE PRESIDENT
Duties: Strategy Director, Account Director
A veteran brand strategist and agency principal at JStokes, Dan is the driving force behind many of the agency’s most successful campaigns. Nearly 40 years of experience at
JStokes in brand strategy development across traditional and digital media landscapes puts Dan in the unique position of providing expert strategic direction and thought leadership.

Dan serves as key point of contact for agency; directing brand positioning, leading client meetings; managing
budget and timelines.

RELEVANT EXPERIENCE:

City of Livermore Strategic Plan and Branding, Bishop
Ranch marketing, broker events and advertising, City of Richmond Redevelopment marketing, Hacienda Business
Park rebranding, marketing center design, ad campaign,
and many others.

SCOTT LEEPER, CREATIVE DIRECTOR
Duties: Concepting, Copyrighting, Creative Direction
Over the last 20 years, Scott has created engaging,
effective work, and he possesses the unique ability to find the essence of a message, then tell a story in a way that moves the audience to action. Scott is experienced in brand development, digital content strategy and corporate creative concepting.

Developing positioning themes, brand story, messaging
architecture, and content.

RELEVANT EXPERIENCE:
30+ years of brand positioning and content development
for commercial and residential development and leading
brands.

Packet Page 219 of 243Attachment 2 Page 10 of 34

City of Fairfield Branding & Marketing
page 8

LINDA RAYNSFORD, ASSOCIATE CREATIVE DIRECTOR
Duties: Concepting, Art Direction, Design
Linda has over 25 years of experience with art direction in branding and design for both traditional and digital experiences. Linda directs strategic visual design for brand identity, ad campaigns, collateral material and digital content.

Developing logos, brand guidelines, ads, environmental
graphics.

RELEVANT EXPERIENCE:
25+ years of award-winning design for commercial and
residential developments.

CLAIRE CORPUS, CREATIVE PROJECT MGMT SUPERVISOR
Duties: Project Management, Resource Management
With over 12 years of experience in creative project
management, Claire leads and inspires the agency design team to produce work that helps businesses visually tell compelling stories. She is an organization whiz, keeping projects on schedule, within budget and optimizing workflow.

Assigning and managing creative and production teams,
estimating, vendor management, timeline and budget
management.

RELEVANT EXPERIENCE:

Managing creative and productions teams on all agency
real estate related client work; and on Solano County
Library rebrand.

Packet Page 220 of 243Attachment 2 Page 11 of 34

City of Fairfield Branding & Marketing
page 9

ABOUT POST MODERN

MARKETING
GROW OURSELVES. GROW PARTNERS. GROW COMMUNITY.

Since 2010, Post Modern Marketing has been steadily growing to become one of the most respected web development and digital marketing agencies in the Sacramento region and beyond. We’ve enjoyed ongoing partnerships with organizations of all sizes, and pride ourselves on our long retention of customer relationships. We believe in supporting local business, and genuinely work hard to give back to others in our community. We’re not just a vendor of services, but instead a long-term partner committed to your growth.

QUICK FACTS
• Established in 2010
• Over 300 websites developed
• Ranked 6th Fastest Growing Company in Sacramento Region in 2019 - Business Journals
• Highest ranks amongst web firms in our region in Yelp, Google, UpCity, Clutch
• Over 100 active monthly local clients supported
• Our team is full-time, in-house, based entirely in the US • Fully insured with $1M liability policy

CORE COMPETENCIES
• Web design & development
• Marketing and sales strategy & consultation
• Inbound marketing
• Website updates, hosting & support
• Search engine optimization
• PPC Advertising
• Social media consultation
• Email marketing
• Content & blogging
• Graphic design
• Analytics & reporting
• Marketing automation
• HubSpot CRM management & support
recommended builder
Packet Page 221 of 243Attachment 2 Page 12 of 34

City of Fairfield Branding & Marketing
page 10

RELEVANT CLIENT EXPERIENCE
Post Modern Marketing has deep roots in the commercial real estate industry in the Greater Sacramento area and beyond. Our founder’s career began in marketing real estate investments, and today we have partnerships with firms we engaged 10 years ago.

RELEVANT CLIENT EXPERIENCE
• Bay Area Mortgage Association
• Association of Commercial Real
Estate
• Sacramento Metro Chamber
• NAI Global
• Buzz Oates Real Estate
• Placer County Resource
Conservation District
• Fulcrum Properties & The Bridge
District
• Cordano Developments
• CPG West
• Caceres & Anagnostou
• City of Sacramento
• HK3 Developments
• Roebbelen Construction
• Diede Construction
• Brentwood Developments

A NOTE ON HUBSPOT
The City of Fairfield has requested information specific to experience in the HubSpot platform. Post Modern Marketing is a HubSpot Gold Partner, and its entire production staff is certified by HubSpot in various aspects of inbound marketing, the HubSpot platform and third-party integrations.

We currently support and manage HubSpot for 18 companies with emphasis on marketing automation, data analytics and sales team enablement.

CONSUMER CLIENT EXPERIENCE
• Bay Alarm
• Raley’s
• UC Riverside
• Penhall Company
• Building Material Distributors
• Boutin Jones
• CA Council on Science &
Technology
• Track 7 Brewing
• SW Publishing
• Citrus Heights Water District
• Elk Grove Water District
• Non-Profits United
• Nacht & Lewis Architecture
• Kitchens Now!
• National Association of Social
Workers
• Patra Corporation
Packet Page 222 of 243Attachment 2 Page 13 of 34

City of Fairfield Branding & Marketing
page 11

TEAM PMM
A group of professionals dedicated to helping the City of Fairfield find its voice and set itself apart from other regions. Your team will be led by:

JOSH RUBIN, CEO
Duties: Digital Strategy, HubSpot Implementation
Josh has supported web and marketing strategies for
businesses for nearly 20 years, and his involvement with the commercial real estate community began when he ran the
marketing department for Buzz Oates in 2009. With expertise in web development, HubSpot Automation, analytics and
more, Josh leads the PMM team in strategy and training.

JOHN NESLER, MARKETING ASSOCIATE
Duties: Digital Advertising, Marketing Copy, Strategy
John provides Post Modern Marketing’s clients with the
digital strategy they need to put their best marketing foot forward, but wears a lot of hats around the PMM office. With a background in math and science, as well as a B.A. in English from U.C. Davis, John has a broad spectrum of knowledge, which he draws upon every day when assisting PMM’s clients.

Josh leads digital strategy for analytics, automation and sales enablement.

RELEVANT EXPERIENCE:
18 years in digital marketing and web design including
support for the Sacramento Metro Chamber, several
real estate agencies, business districts, and strategy and HubSpot implementation for over 20 companies and
organizations.

John leads the marketing team in executing digital
marketing deliverables, and communicates with clients on goals and results.

RELEVANT EXPERIENCE:
10 years supporting digital strategy from SEO to PPC for Post Modern Marketing clients.

Packet Page 223 of 243Attachment 2 Page 14 of 34

City of Fairfield Branding & Marketing
page 12
Josh Rubin

CEO, PMM
Dan Stokes
Account Director
John Nesler
Marketing Associate
Mariah Gallegos
Marketing Specialist
Jesse Zalasky
Marketing Assistant
Joseph Reilly
Senior Developer
Maureen Stokes
Account Executive
Claire Corpus
PM Supervisor
Betty Tafoya
Media Director
Scott Leeper
Creative Director
Linda Raynsford
Associate CD
Leticia Laurie
Art Director
Christine Reite
Production Artist

TEAM STRUCTURE
Experienced, creative and efficient. The City of Fairfield team is ready to go all out every step of the way.

Packet Page 224 of 243Attachment 2 Page 15 of 34

City of Fairfield Branding & Marketing
page 13
1981 - 2018

BISHOP RANCH
585 ACRES OF SUCCESS
JStokes began working with Sunset Development Company in 1981.

Our mission was to position Bishop Ranch as the ideal location for major corporations to locate relocate back office and regional office operations.

This was the beginning of an unparalleled success in attracting Fortune 500 companies such as Chevron, AT&T, IBM, Toyota and many more. For more than 30 years JStokes managed the ever evolving communications for this 585-acre master planned corporate campus.

In addition to our award-winning marketing campaigns, JStokes’ most notable success was the attraction and engagement of the commercial real estate brokerage community. For example, we brought in Mickey Mantle, the NY Yankees’ famous #7 as a keynote speaker for the Bishop Ranch 7 groundbreaking. Hand-delivered Louisville Slugger bats with invitations attached were hand delivered to brokers. They also received Bishop Ranch branded Rawlings baseballs as commemorative keepsakes, with Mickey’s autograph. This was just one of the many ways we helped make solid connections with those responsible for bringing new tenants to Bishop Ranch.

Bishop Ranch is relevant to the City of Fairfield’s goals in that it is a prime example of marketing an emerging destination, first as an outpost to San Francisco employers and then as an epicenter of growth for leading companies and entrepreneurs.

To see the full case study, please visit
jstokes.com/portfolio/bishop-ranch
Customer Reference:

Ed Hagopian
Fmr. Senior VP, Leasing
[email protected]
415-497-6460
Packet Page 225 of 243Attachment 2 Page 16 of 34

City of Fairfield Branding & Marketing
page 14
2004 - Present

MUELLER

REDEVELOPMENT AT ITS BEST
In 1999 Austin’s Robert Mueller Municipal Airport was relocated, and some 700 acres of cracked runways and weeds remained. Our client, Catellus, partnered with the city of Austin and in 2004 brought us on to manage the master marketing efforts of this ambitious and transformative mixed-use master plan.

The long-term branding and marketing have helped result in an incredibly successful mixed-use master plan that includes everything from a regional children’s hospital, to an interactive museum, to more than 850 happy residents and a burgeoning retail center. Mueller has become and continues to become a regional destination to live, work and play.

Mueller combines all the necessary elements of successful economic development: the attraction of strong anchor tenants, an available work force supported by new housing supply, and a vibrant retail center at its core. All of this was accomplished within an adaptive reuse location. Many of the key components are directly appliable to the scope of work outlined in the RFP.

To see the full case study, please visit
jstokes.com/portfolio/mueller
Customer Reference:

Jessica Guerra Reynolds
VP Marketing
[email protected]
512-703-9202
Packet Page 226 of 243Attachment 2 Page 17 of 34

City of Fairfield Branding & Marketing
page 15
2007 - Present

RIVER ISLANDS

SUPPORTING AN AWARD-WINNING MASTER PLAN
The Cambay Group, the developers of this 5,000 acre, mixed-use master planned community, faced two challenges. First, signing up quality home builders willing to participate in a multi-decade project. Second, attracting qualified buyers to a community located far from the employment centers of the Bay Area.

To speak to builders, we developed a comprehensive Marketing Program that gave each builder the benefit of being part of a collective, coordinated effort.

To speak to buyers, we created a brand based on community, affordability, and overall quality of life. This year, River Islands was ranked the top master planned community in Northern California.

The River Islands case study not only represents our ability to successfully position an outlying area as an appealing destination, but also our ability to engage investment from builders and support with the real estate community.

To see the full case study, please visit
jstokes.com/portfolio/river-islands
Customer Reference:

Colleen Edwards
Marketing Director
[email protected]
925-588-8525
Packet Page 227 of 243Attachment 2 Page 18 of 34

City of Fairfield Branding & Marketing
page 16
1995 - Present

BAY ALARM

BRINGING A PERSONALITY TO LIFE
Bay Alarm is a family-owned, locally-operated company focused exclusively on security and delivering a high-value customer experience.

In an industry where the competition tries to scare people and give products away for the short term through discounts, free equipment and service bundles, JStokes saw an opportunity for Bay Alarm to stand out by simply staying true to the brand: Bay Alarm is the local security expert. Protecting what you care about is all they do. They understand security from every angle — including how crooks think and how they’re most likely to strike.

During our 25-year relationship, we have helped Bay Alarm become the largest independently-owned security company in the United States. Our clever and memorable ads have won multiple awards and have supported Bay Alarm’s growth over the years.

TWO TEAMS IN TANDEM
Bay Alarm is a prime example of how our teams work together to find success in a common goal.

By combining a strong history of brand with a new look and new message, JStokes and PMM built out new campaigns, a new website, a strengthened digital strategy, and a solid reporting and automation platform - all resulting in Bay Alarm exceeding their goals set out for the past two years, experiencing some of the largest sales months in the history of the company.

Unlike many multiple-agency relationships, the teams working with Bay Alarm enhanced each other’s work along the way, developing a strong partnership built on communication, support, and a common goal for their client.

TAKING HUBSPOT TO THE NEXT LEVEL
An important part of PMM’s work with Bay Alarm has been to take an existing HubSpot account and establish new systems, automations and best practices to better report on marketing campaigns, lead generation efforts and ongoing customer outreach. We’ve helped the marketing team with better analytics, the sales team with better outreach systems, and the executive team with better company performance data.

Customer Reference:

Alexis Dockery
VP Marketing
[email protected]
925-808-4342
Packet Page 228 of 243Attachment 2 Page 19 of 34

City of Fairfield Branding & Marketing
page 17

OTHER NOTABLE HIGHLIGHTS

CITY OF LIVERMORE
JStokes was engaged by the City’s economic development department to develop a strategic marketing plan for the City and its Downtown Redevelopment Plan. The challenge was to bring very disparate groups together under one common plan. Our plan was approved unanimously.

We then were tasked to develop a new identity, graphic design standards, citywide signage program with a special design program for the downtown area, advertising campaign and media rollout.

HACIENDA BUSINESS PARK
JStokes rebranded and marketed HBP for Prudential Property Company as the emerging location for Silicon Valley expansion. Our work included branding, marketing communications, advertising campaigns, signage and marketing center design.

KOLL CENTER PLEASANTON
JStokes developed the brand identity and signage for this office/R&D business park, along with marketing communications, public relations, advertising campaigns and broker events. One of our keynote events was the Koll Corona Caravan, a broker bus trip from the park to the Concord Pavilion to see Jimmy Buffett. As a special cap to a perfect evening, we got Jimmy Buffett to dedicate Margaritaville to the Koll Company and its guests.

Packet Page 229 of 243Attachment 2 Page 20 of 34

City of Fairfield Branding & Marketing
page 18
WANT MORE EXAMPLES?
To see our full placemaking capabilities, please visit postmm.com/jstokes To see more examples of JStokes’ work, please visit
jstokes.com/portfolio
To see examples of Post Modern Marketing’s work, please visit postmm.com/our-work
Packet Page 230 of 243Attachment 2 Page 21 of 34

Scope of Services - Heart of Fairfield
Goal 1: Initiate place-making tactics to transform Heart of Fairfield into a unique destination Strategy 1: Position Heart of Fairfield as Fairfield's Food & Arts District Task HOF Actions
Downtown Summit: Engage Key Stakeholders - Planning, Coordination, Presentation 1.2 Strategy 3: Initiate a pilot Block by Block program
Task HOF Actions
Build a Messaging Storyline as Food and Arts Center: HOF Brand Story and Key Messages 1.12 Quarterly Promotional Theme Ideation and Design 1.12
Goal 3: Fill vacancies, diversify business mix, create economic vitality Strategy 1: Engage with brokers and developers to promote business and development opportunities Task HOF Actions
Downtown Development Network 3.1
Outreach to Bay Area and Sacramento Brokers - Direct Mail w/Swag, Email, Follow Up 3.2 Brokers/Developers Kickoff Event - Planning, Coordination, Presentation 3.3 Quarterly Outreach Launch - Email Updates with Relevant Market Info.3.4 Update Package Material 3.5
Strategy 2: Keep and grow critical business anchors
Task HOF Actions
Business-Specific Communications 3.8
HOF Marketing and Promotions Collaborative - Support 3.10 Strategy 3: Attract new business
Task HOF Actions
Targeted Business Recruitment Campaign 3.13
Strategy 4: Capitalize on entrepreneurship to maximize Heart of Fairfield’s creative placemaking Task HOF Actions
Develop Entrepreneurial Hero Stories - Identify, Develop and Format Materials 3.14 Goal 4: Move catalytic properties forward
Strategy 1: Pursue private development for two catalytic sites Task HOF Actions
Great Jones Site - Prepare Prospectus/Marketing Package 4.1 Great Jones Site - Outreach to Broker/Developer List 4.2 Exhibit "A"
Packet Page 231 of 243Attachment 2 Page 22 of 34

Scope of Services - Business and Industrial Parks
Task BIP Actions
Develop Positioning Theme and Brand Story 1.1
Develop Messaging Architecture 1.1
Create Billboard Design - Prod. Graphics 1.2
Create Awareness Ad 1.2
Create Business Journal Insert - Design, Production 1.2 Media Planning 1.1
Create and Deploy Messaging to Brokers and Site Selectors 1.3 Task BIP Actions
Provide Value-Added Services to Brokers - Market Feature Properties on website, plan video needs 2.2 Work with Brokers on Joint Marketing Campaigns 2.3
Task BIP Actions
Traded Sector Office Businesses Newsletter, Emails 3.1
Task BIP Actions
Maintain and Update New Brand Deck 4.3
Direct Marketing and Follow Up to 70+ Target List 4.4
Strategy 1: A staff person should dedicate at least 40 percent of their time calling on and facilitating existing business development in the traded sector
Goal 1: Begin to reposition Fairfield from “half-way between…” to the North Bay’s Emerging Business and Industry Hub Strategy 1: Create a broader awareness of Fairfield’s market position and proximity to the San Francisco Bay Area, East Bay, and Napa as the “emerging” place to be locating your business Goal 2: Build strong partner relationships with local industrial, commercial and office brokers Strategy 1: Leverage asset by rebuilding a strong partnership with existing brokers - with limited staff capacity and recent turn- over connection and trust has lapsed
Goal 3: Establish a consistent call program with existing traded sector businesses Goal 4: Build a pipeline of leads and prospects
Strategy 1: A more focused marketing and sales effort directed to specific decision-maker influencers, such as site selectors, corporate brokers, and directly to targeted businesses
Packet Page 232 of 243Attachment 2 Page 23 of 34

Scope of Services - Marketing & Business Attraction
Task MBA Actions
Swag Collateral Product Ready - Water Bottle 2.1
Design Banners 2.1
Task MBA Actions
Monthly Content Development 3.1
Manage Digital Tools Mgmt., Digital Design - HubSpot and Project Management 3.1 Digital Advertising Management 3.1
Social Media Management 3.1
Develop Marketing Brochure 3.1
Facilities Map and Site Plan and Updates 3.1
Additional Outsourcing (Contingency)3.2
Scope of Services - Account Service & Project Management Task MBA Actions
Kickoff and Planning Meeting 1.1
Bi Weekly Team Meetings 1.1
Ongoing Client Communications, Support and Task Mgmt.1.1 Monthly Status Reports and Analytics 1.1
MBA Goal 1: Increase New Positioning Identities
Strategy 1: Manage Fairfield Marketing and Messaging as a Brand Goal 2: Create new identity for Heart of Fairfield
Strategy 1: Position Heart of Fairfield as a Food & Arts District to attract new investment & business Goal 3: Market place as a unique advantage
Strategy 1: Position Fairfield as North Bay’s Emerging Business & Industry Hub Packet Page 233 of 243Attachment 2 Page 24 of 34

THANK YOU
1444 North Main St.

Walnut Creek, CA 94596
925.933.1624
jstokes.com
Packet Page 234 of 243Attachment 2 Page 25 of 34

revised 1/22/2021
EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONSULTANT under this Agreement shall be $1,123,000 as specified below and set forth in the Exhibit “B” Fee Schedule:
1st Year Fee 2nd Year Fee

Heart of Fairfield Roadmap: $129,500 $108,500 Business and Industrial Parks Roadmap: $140,475 $96,950 Marketing and Business Attraction Roadmap: $228,675 $229,550 Account Services and Project Management: $94,675 $94,675

Total Yearly Fee: $593,325 $529,675

Total Contract Price: $1,123,000

2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the Community Development Department for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis.

Packet Page 235 of 243Attachment 2 Page 26 of 34

Goal 1: Initiate place‐making tactics to transform Heart of Fairfield into a unique destination Strategy 1: Position Heart of Fairfield as Fairfield's Food & Arts District Task HOF Actions Year 1 Fee Year 2 Fee
Downtown Summit: Engage Key Stakeholders ‐ Planning, Coordination, Presentation 1.2 4,375$ Strategy 3: Initiate a pilot Block by Block program
Task HOF Actions Year 1 Fee Year 2 Fee
Build a Messaging Storyline as Food and Arts Center: HOF Brand Story and Key Messages 1.12 7,000$ Quarterly Promotional Theme Ideation and Design 1.12 28,000$         28,000$ Goal 3: Fill vacancies, diversify business mix, create economic vitality opportunities
Task HOF Actions Year 1 Fee Year 2 Fee
Downtown Development Network 3.1 2,625$
Outreach to Bay Area and Sacramento Brokers ‐ Direct Mail w/Swag, Email, Follow Up 3.2 7,000$ Brokers/Developers Kickoff Event ‐ Planning, Coordination, Presentation 3.3 4,375$            4,375$ Quarterly Outreach Launch ‐ Email Updates with Relevant Market Info.3.4 14,000$         14,000$ Update Package Material 3.5 5,250$            5,250$
Strategy 2: Keep and grow critical business anchors
Task HOF Actions Year 1 Fee Year 2 Fee
Business‐Specific Communications 3.8 21,000$         21,000$ HOF Marketing and Promotions Collaborative ‐ Support 3.10 7,000$            7,000$ Strategy 3: Attract new business
Task HOF Actions Year 1 Fee Year 2 Fee
Targeted Business Recruitment Campaign 3.13 10,500$         10,500$ Strategy 4: Capitalize on entrepreneurship to maximize Heart of Fairfield’s creative placemaking Task HOF Actions Year 1 Fee Year 2 Fee
Develop Entrepreneurial Hero Stories ‐ Identify, Develop and Format Materials 3.14 13,125$         13,125$ Goal 4: Move catalytic properties forward
Strategy 1: Pursue private development for two catalytic sites Task HOF Actions Year 1 Fee Year 2 Fee
Great Jones Site ‐ Prepare Prospectus/Marketing Package 4.1 3,500$            3,500$ Great Jones Site ‐ Outreach to Broker/Developer List 4.2 1,750$            1,750$ Total HOF Fees 129,500$       108,500$
Exhibit "B"
Fee Schedule ‐ Heart of Fairfield Roadmap
Packet Page 236 of 243Attachment 2 Page 27 of 34

Task BIP Actions Year 1 Fee Year 2 Fee
Develop Positioning Theme and Brand Story 1.1 4,900$
Develop Messaging Architecture 1.1 2,625$
Create Billboard Design ‐ Prod. Graphics 1.2 6,125$
Create Awareness Ad 1.2 4,375$
Create Business Journal Insert ‐ Design, Production 1.2 21,125$ Media Planning 1.1 4,375$
Create and Deploy Messaging to Brokers and Site Selectors 1.3 15,750$         15,750$ Task BIP Actions Year 1 Fee Year 2 Fee
Provide Value‐Added Services to Brokers ‐ Market Feature Properties on website, plan video 2.2 12,600$         12,600$ Work with Brokers on Joint Marketing Campaigns 2.3 12,600$         12,600$ Task BIP Actions Year 1 Fee Year 2 Fee
Traded Sector Office Businesses Newsletter, Emails 3.1 14,000$         14,000$ Task BIP Actions Year 1 Fee Year 2 Fee
Maintain and Update New Brand Deck 4.3 10,500$         10,500$ Direct Marketing and Follow Up to 70+ Target List 4.4 31,500$         31,500$ Total BIP Fees 140,475$       96,950$
Goal 1: Begin to reposition Fairfield from “half‐way between…” to the North Bay’s Emerging Business and Goal 2: Build strong partner relationships with local industrial, commercial and office brokers Goal 3: Establish a consistent call program with existing traded sector businesses Fee Schedule ‐ Business and Industrial Parks Roadmap
Strategy 1: Create a broader awareness of Fairfield’s market position and proximity to the San Francisco Bay Area, East Bay, and Napa as the “emerging” place to be locating your business
Strategy 1: Leverage asset by rebuilding a strong partnership with existing brokers ‐ with limited staff capacity and recent turn‐over connection and trust has lapsed
Strategy 1: A staff person should dedicate at least 40 percent of their time calling on and facilitating existing business development in the Strategy 1: A more focused marketing and sales effort directed to specific decision‐maker influencers, such as site selectors, corporate brokers, and directly to targeted businesses
Goal 4: Build a pipeline of leads and prospects
Packet Page 237 of 243Attachment 2 Page 28 of 34

Task MBA Actions Year 1 Fee Year 2 Fee
Swag Collateral Product Ready ‐ Water Bottle 2.1 2,625$ Design Banners 2.1 10,500$         14,000$
Task MBA Actions Year 1 Fee Year 2 Fee
Monthly Content Development 3.1 16,800$         16,800$ Manage Digital Tools Mgmt., Digital Design ‐ HubSpot and Project Management 3.1 42,000$         42,000$ Digital Advertising Management 3.1 31,500$         31,500$ Social Media Management 3.1 42,000$         42,000$
Develop Marketing Brochure 3.1 26,250$         26,250$
Facilities Map and Site Plan and Updates 3.1 7,000$            7,000$ Additional Outsourcing (Contingency)3.2 50,000$         50,000$ Total MBA Fees 228,675$       229,550$
Task MBA Actions Year 1 Fee Year 2 Fee
Kickoff and Planning Meeting 1.1 4,375$            4,375$ Bi Weekly Team Meetings 1.1 16,800$         16,800$
Ongoing Client Communications, Support and Task Mgmt.1.1 52,500$         52,500$ Monthly Status Reports and Analytics 1.1 21,000$         21,000$ Total AS & PM Fees 94,675$         94,675$
Year 1 Fee Year 2 Fee
Heart of Fairfield 129,500$       108,500$
Business and Industrial Parks 140,475$       96,950$
Marketing & Business Attraction 228,675$       229,550$ Account Service & Project Management 94,675$         94,675$ Budget Total (Excluding Media & Printing Costs)593,325$       529,675$ Complete Total of All Fees
MBA Goal 1: Increase New Positioning Identities
Strategy 1: Manage Fairfield Marketing and Messaging as a Brand Goal 2: Create new identity for Heart of Fairfield
Strategy 1: Position Heart of Fairfield as a Food & Arts District to attract new investment & business Goal 3: Market place as a unique advantage
Strategy 1: Position Fairfield as North Bay’s Emerging Business & Industry Hub Fee Schedule ‐ Account Service & Project Management
Fee Schedule ‐ Marketing & Business Attraction Roadmap
Packet Page 238 of 243Attachment 2 Page 29 of 34

revised 1/22/2021
EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work Packet Page 239 of 243Attachment 2 Page 30 of 34

revised 1/22/2021
performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

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The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

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EXHIBIT “D”

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:

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revised 1/22/2021
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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Fairfield City CouncilFebruary 15, 2022

Fairfield City Council
February 15, 2022