Agenda, first session — Fairfield City Council, March 15, 2022 (part 1 of 4)

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

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

The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/87845423536 ? pwd=aVlUeTZTdzBwdlUvVEw1UUlSWkRxdz09 or by phone at (408) 6380968 Webinar ID:
878 4542 3536 Passcode: 7074287400
CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Imam Faridbeg Mirza, Islamic Center of Fairfield PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
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PRESENTATIONS

1.Proclamation Declaring March as Women's History Month Contact:Karen L. Rees, (707) 428 7384
a

2.MCE Presentation
Contact:Corey Beavers, (707) 4287528
a

3.Neighborhood Court
Contact:Dan Marshall, (707) 4287313
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

4.Second Reading and Adoption of Ordinance 202203 of the City Council of the City of Fairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit the Number of Absences Planning Commissioners Are Permitted Within Twelve Months Recommended Action
Provide second reading and adopt Ordinance 202203.

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

5.Second Reading and Adoption of Ordinance 202205 of the City Council of the City of Fairfield Amending Chapter 12B of the Fairfield Municipal Code to Modify the Hours of One Lake Park Recommended Action
Provide second reading and adopt Ordinance 202205.

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

6.2021 Annual Report on the General Plan
Recommended Action
Receive Report and authorize submission to the State.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a

7.Approval of City Council Meeting Minutes for December 21, 2021, January 18, 2022, February 1, 2022, February 15, 2022, and City Council Special Meeting Minutes for February 1, 2022 and February 8, 2022
Recommended Action
Approve minutes.

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

8.Heart of Fairfield Resolution 202241 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 Harris & Associates, Inc. for the PG&E Substation Relocation Feasibility Study Recommended Action
Adopt resolution.

Funding Source
$121,521; Special Revenue Fund
Contact:David Vong, (707) 4287784
a

9.Resolution 202242 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Brio Studios) to Community Facilities District No. 20122 and to Authorize the Levy of Special Taxes Therein for Annexation No. 56
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a

10.Resolution 202243 of the City Council of the City of Fairfield Authorizing Submission of a Grant Application to the Federal Transit Administration (FTA) Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:April Cobb, (707) 4343809
a

11.Resolution 202244 of the City Council of the City of Fairfield Amending the Terms for the Community Block Grant (CDBG) Advisory Committee Alternate Public Interest Members Packet Page 3 of 458

11.Resolution 202244 of the City Council of the City of Fairfield Amending the Terms for the Community Block Grant (CDBG) Advisory Committee Alternate Public Interest Members Recommended Action
Adopt resolution.

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

12.Resolution 202245 of the City Council of the City of Fairfield Authorizing Execution of a Public Utility Access Easement to the City of Fairfield within the Lake Park Parcel in Canon Station Planning Area 4
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Trisha Curran, (707) 4287471
a

13.Resolution 202246 of the City Council of the City of Fairfield Authorizing the Filing of a Claim with the Metropolitan Transportation Commission (MTC) for Allocation of Transportation Development Act (TDA), State Transit Assistance Fund (STAF), and Regional Measure 2 (RM2) Funds for the Fiscal Year 20212022
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Diane Feinstein, (707) 4283808
a

14.Resolution 202247 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement for the Canon Station – Planning Area 4 Lake Trail Park Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Caroline Vedder, (707) 4287484
a

15.Resolution 202248 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.

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

16.Resolution 202249 of the City Council of the City of Fairfield Authorizing the City Manager to Approve and Execute the FiveYear Lease for 2250 and 2256 North Texas Street Recommended Action
Adopt resolution.

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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, MARCH 15, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact AmberAlexander, Deputy Clerk, at least 72 hours in advance of the meeting at (707)4287402.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live.The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/87845423536?pwd=aVlUeTZTdzBwdlUvVEw1UUlSWkRxdz09 or by phone at (408) 6380968 Webinar ID:878 4542 3536 Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Imam Faridbeg Mirza, Islamic Center of FairfieldPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring March as Women's History MonthContact:Karen L. Rees, (707) 428 7384a2.MCE PresentationContact:Corey Beavers, (707) 4287528a3.Neighborhood CourtContact:Dan Marshall, (707) 4287313aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Second Reading and Adoption of Ordinance 202203 of the City Council of the City of FairfieldAmending Section 2.24.1 of the Fairfield Municipal Code to Limit the Number of AbsencesPlanning Commissioners Are Permitted Within Twelve MonthsRecommended ActionProvide second reading and adopt Ordinance 202203.Funding SourceN/AContact:Jonathan Luong, (707) 4287463a5.Second Reading and Adoption of Ordinance 202205 of the City Council of the City of FairfieldAmending Chapter 12B of the Fairfield Municipal Code to Modify the Hours of One Lake ParkRecommended ActionProvide second reading and adopt Ordinance 202205.Funding SourceN/AContact:Jonathan Luong, (707) 4287463a6.2021 Annual Report on the General PlanRecommended ActionReceive Report and authorize submission to the State.Funding SourceN/AContact:David Feinstein, (707) 4287448a7.Approval of City Council Meeting Minutes for December 21, 2021, January 18, 2022, February1, 2022, February 15, 2022, and City Council Special Meeting Minutes for February 1, 2022and February 8, 2022Recommended ActionApprove minutes.Funding SourceN/AContact:Amber Alexander, (707) 4287402a8.Heart of Fairfield Resolution 202241 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute a Professional Services Agreement Between the City of Fairfield andHarris & Associates, Inc. for the PG&E Substation Relocation Feasibility StudyRecommended ActionAdopt resolution.Funding Source$121,521; Special Revenue FundContact:David Vong, (707) 4287784a9.Resolution 202242 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (Brio Studios) to Community Facilities District No. 20122 and to Authorize the Levy ofSpecial Taxes Therein for Annexation No. 56Recommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a10.Resolution 202243 of the City Council of the City of Fairfield Authorizing Submission of a GrantApplication to the Federal Transit Administration (FTA) Section 5310 Enhanced Mobility ofSeniors and Individuals with Disabilities ProgramRecommended ActionAdopt resolution.Funding SourceN/AContact:April Cobb, (707) 4343809a11.Resolution 202244 of the City Council of the City of Fairfield Amending the Terms for theCommunity Block Grant (CDBG) Advisory Committee Alternate Public Interest MembersRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Alexander, (707) 4287402a12.Resolution 202245 of the City Council of the City of Fairfield Authorizing Execution of a PublicUtility Access Easement to the City of Fairfield within the Lake Park Parcel in Canon StationPlanning Area 4Recommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a13.Resolution 202246 of the City Council of the City of Fairfield Authorizing the Filing of a Claimwith the Metropolitan Transportation Commission (MTC) for Allocation of TransportationDevelopment Act (TDA), State Transit Assistance Fund (STAF), and Regional Measure 2 (RM2)Funds for the Fiscal Year 20212022Recommended ActionAdopt resolution.Funding SourceN/AContact:Diane Feinstein, (707) 4283808a14.Resolution 202247 of the City Council of the City of Fairfield Authorizing Execution of theImprovement Agreement for the Canon Station – Planning Area 4 Lake Trail ParkRecommended ActionAdopt resolution.Funding SourceN/AContact:Caroline Vedder, (707) 4287484a15.Resolution 202248 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Alexander, (707) 4287402a16.Resolution 202249 of the City Council of the City of Fairfield Authorizing the City Manager toApprove and Execute the FiveYear Lease for 2250 and 2256 North Texas Street Recommended Action
Adopt resolution.

Funding Source
$693,000; Police General Fund
Contact:Dan Marshall, (707) 4287313
a

17.Resolution 202250 of the City Council of the City of Fairfield Approving the Community Development Block Grant (CDBG) Program 3rd Substantial Amendment to the Fiscal Year 20192020 Annual Action Plan; and
Resolution 202251 of the City Council of the City of Fairfield Approving the Community Development Block Grant (CDBG) Program 2nd Substantial Amendment to the Fiscal Year 20202021 Annual Action Plan
Recommended Action
Adopt resolutions.

Funding Source
N/A
Contact:La Tanya Terrones, (707) 4287454
a

18.Resolution 202252 of the City Council of the City of Fairfield Paying and Reporting the Value of Employer Paid Member Contributions (EPMC) for the Fairfield Police Officers’ Association Employees
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

19.Resolution 202253 of the City Council of the City of Fairfield Approving the Solid Waste, Recyclable Materials, and Organic Waste Collection and Disposal Agreement Between the City of Fairfield and Solano Garbage Company
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Corey Beavers, (707) 4287528
a

20.Resolution 202254 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the Community Action Partnership of Solano Joint Powers Authority and the City of Fairfield to Provide Dedicated Administrative Staff to CAP Solano Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dawn M. La Bar, (707) 4287749
a

21.Resolution 202255 of the City Council of the City of Fairfield Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding Under the HOME Investment Partnership Program; and if Selected, the Execution of a Standard Agreement, Any Amendments Thereto; and Any Related Documents Necessary to Participate in Packet Page 5 of 458

Funding Source
N/A
Contact:LaTanna Jones, (707) 4287647
a
ADJOURN TO TUESDAY, APRIL 5, 2022, 6:00 P.M., COUNCIL CHAMBER AND VIA ZOOM.

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on March 10, 2022.

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Agenda Item No: 4.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Second Reading and Adoption of Ordinance 202203 of the City Council of the City of Fairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit the Number of Absences Planning Commissioners Are Permitted Within Twelve Months RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202203.

STATEMENT OF ISSUE
Councilmember Tonnesen requested Section 2.24.1 of the Fairfield Municipal Code to be amended to limit the number of absences Planning Commissioners are permitted within 12 months to two unexcused absences.

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

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

The proposed ordinance includes a provision that expands the definition of allowable absences to include occurrences caused by unforeseen and urgent circumstances. It also establishes the limit of two permissible absences within twelve months. Last, the ordinance establishes the procedure if a Packet Page 7 of 458

The proposed ordinance modifies Section 2.24.1 to read as follows:
"2.24.1 Failure to attend meetings."
A Planning Commissioner may have a maximum of two unexcused absences in any twelvemonth period. Absences exempt from this section include: 1) Absences due to a medical or family emergency; 2) Absences due to unforeseen and urgent circumstances; or 3) Absences approved in advance by the chairperson or secretary of the Planning Commission. In the case of a medical or family emergency or due to unforeseen and urgent circumstances, a commissioner shall notify the chairperson or secretary of the commission in writing within 30 days of their absence to request an exemption.

If a commissioner incurs a third nonexempt absence during any twelvemonth period, the commissioner will be deemed to have resigned their position and shall no longer be a member of the commission.

The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor, notifying them that they have exceeded the number of absences allowed under this policy, and have therefore resigned their position. The letter shall be personally served on the commissioner or sent via firstclass United States Postal Service (USPS) mail, return receipt requested. Upon personal service or return of the USPS mail receipt, the commission seat held by the commissioner shall be deemed vacant.

Upon issuing the notice, the commissioner shall have 10 business days to request an appeal of this section before the City Council. The commissioner shall submit their request for appeal in writing (either via email, hand delivery, or USPS mail) to the city clerk. The city clerk shall set the appeal hearing at a regular or special meeting of the City Council within 45 business days from receiving the request for a hearing from the commissioner.

If the commissioner fails to submit the request for a right of appeal within 10 business days, the position shall be deemed vacant.

At an appeal hearing brought by a commissioner under this section, the council shall allow the commissioner to address the council to explain their absences and provide any documents or other evidence to support their appeal. The council may consider any evidence it deems necessary to make its decision. Following the hearing, by a majority vote, the council may affirm the removal of the commissioner or vote to reinstate the commissioner to their position on the commission. In the case of a tie vote by the council, the removal of the commissioner under the section shall be deemed affirmed.

The decision of the council shall be final and not subject to appeal.

FINANCIAL IMPACT
There are no financial impacts to the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The City has received no questions or comments regarding this proposal.

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

ALTERNATIVE ACTION
The council may choose not to adopt the proposed, adopt portions of the ordinance, or direct staff to return with revisions to the ordinance.

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Agenda Item No: 4.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Second Reading and Adoption of Ordinance 202203 of the City Council of the City ofFairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit the Numberof Absences Planning Commissioners Are Permitted Within Twelve MonthsRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202203.STATEMENT OF ISSUECouncilmember Tonnesen requested Section 2.24.1 of the Fairfield Municipal Code to be amended tolimit the number of absences Planning Commissioners are permitted within 12 months to twounexcused absences.DISCUSSIONOn April 20, 2021, the City Council adopted Ordinance 202106, establishing an attendance standardfor the commission.The adopted ordinance added Section 2.24.1 to the Fairfield Municipal Code, Chapter 2, Article V(Planning Commission) and to read as follows: "2.24.1 Failure to attend meetings."Any Planning Commissioner who fails to attend three (3) consecutive regular meetings or five (5)regular meetings in any twelve month period, without consent of the Planning Commission, will besubject to removal by the City Council. Absences due to a medical or family emergency shall be exemptfrom this section, pending a review and approval by the commission."On December 7, 2021, Councilmember Tonnesen requested staff to modify the current attendancerequirements in this section to limit the number of meetings to two regularly scheduled meetings thatcommissioners can miss within twelve months.The proposed ordinance includes a provision that expands the definition of allowable absences toinclude occurrences caused by unforeseen and urgent circumstances. It also establishes the limit of twopermissible absences within twelve months. Last, the ordinance establishes the procedure if acommissioner violates the attendance policy outlined in the section. The proposed ordinance modifies Section 2.24.1 to read as follows:"2.24.1 Failure to attend meetings."A Planning Commissioner may have a maximum of two unexcused absences in any twelvemonthperiod. Absences exempt from this section include: 1) Absences due to a medical or family emergency;2) Absences due to unforeseen and urgent circumstances; or 3) Absences approved in advance by thechairperson or secretary of the Planning Commission. In the case of a medical or family emergency ordue to unforeseen and urgent circumstances, a commissioner shall notify the chairperson or secretaryof the commission in writing within 30 days of their absence to request an exemption. If a commissioner incurs a third nonexempt absence during any twelvemonth period, thecommissioner will be deemed to have resigned their position and shall no longer be a member of thecommission. The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor,notifying them that they have exceeded the number of absences allowed under this policy, and havetherefore resigned their position. The letter shall be personally served on the commissioner or sent viafirstclass United States Postal Service (USPS) mail, return receipt requested. Upon personal serviceor return of the USPS mail receipt, the commission seat held by the commissioner shall be deemedvacant. Upon issuing the notice, the commissioner shall have 10 business days to request an appeal of thissection before the City Council. The commissioner shall submit their request for appeal in writing (eithervia email, hand delivery, or USPS mail) to the city clerk. The city clerk shall set the appeal hearing at aregular or special meeting of the City Council within 45 business days from receiving the request for ahearing from the commissioner. If the commissioner fails to submit the request for a right of appeal within 10 business days, the positionshall be deemed vacant.At an appeal hearing brought by a commissioner under this section, the council shall allow thecommissioner to address the council to explain their absences and provide any documents or otherevidence to support their appeal. The council may consider any evidence it deems necessary to makeits decision. Following the hearing, by a majority vote, the council may affirm the removal of thecommissioner or vote to reinstate the commissioner to their position on the commission. In the case ofa tie vote by the council, the removal of the commissioner under the section shall be deemed affirmed.The decision of the council shall be final and not subject to appeal.FINANCIAL IMPACTThere are no financial impacts to the City.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe City has received no questions or comments regarding this proposal.No advisory body has reviewed or provided input on the proposed ordinance. ALTERNATIVE ACTION The council may choose not to adopt the proposed, adopt portions of the ordinance, or direct staff to return with revisions to the ordinance.

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

Description
Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/3/2022 4:15 PM
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CITY OF FAIRFIELD
ORDINANCE NO. 2022-03
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 2.24.1 OF

THE FAIRFIELD MUNICIPAL CODE TO LIMIT THE NUMBER OF ABSENCES PLANNING

COMMISSIONERS ARE PERMITTED WITHIN TWELVE MONTHS
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

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

2.24.1 Failure to attend meetings.

A Planning Commissioner may have a maximum of two unexcused absences in any twelve-month period. Absences exempt from this Section include:
1)Absences due to a medical or family emergencies.
2)Absences due to unforeseen and urgent circumstances.
3)Absences approved in advance by the chairperson or secretary of the planning commission.

In the case of a medical or family emergency or due to unforeseen and urgent circumstances, a commissioner shall notify the chairperson or secretary of the commission in writing within 30 days of their absence to request an exemption.

If a commissioner incurs a third non-exempt absence during any twelve-month period, the commissioner will be deemed to have resigned their position and shall no longer be a member of the commission.

The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor, notifying them that they have exceeded the number of absences allowed under this policy, and have therefore resigned their position. The letter shall be personally served on the commissioner or sent via first-class United States Postal Service (USPS) mail, return receipt requested. Upon personal service or return of the USPS mail receipt, the commission seat held by the commissioner shall be deemed vacant.

Upon issuing the notice, the commissioner shall have 10 business days to request an appeal of this section before the city council. The commissioner shall submit their request for appeal in writing (either via e-mail, hand delivery, or USPS mail) to the city clerk. The city clerk shall set the appeal hearing at a regular or special meeting of the city council within 45 business days from receiving the request for a hearing from the commissioner.

If the commissioner fails to submit the request for a right of appeal within 10 business days, the position shall be deemed vacant.

Packet Page 10 of 458Attachment 1 Page 1 of 2

ORD. NO. 2022-03

Page 2 ends

At an appeal hearing brought by a commissioner under this section, the council shall allow the commissioner to address the council to explain their absences and provide any documents or other evidence to support their appeal. The council may consider any evidence it deems necessary to make its decision. Following the hearing, by a majority vote the council may affirm the removal of the commissioner or vote to reinstate the commissioner to their position on the commission. In the case of a tie vote by the council, the removal of the commissioner under the section shall be deemed affirmed. The decision of the council shall be final and not subject to appeal.

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

A summary of this ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of March 2022, and
PASSED AND ADOPTED this 15th day of March, 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: 5.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Second Reading and Adoption of Ordinance 202205 of the City Council of the City of Fairfield Amending Chapter 12B of the Fairfield Municipal Code to Modify the Hours of One Lake Park
RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202205.

STATEMENT OF ISSUE
Pursuant to Section 2.4.2 of the Maintenance, Access Easement, Reimbursement, and Lease Agreement between the City and the developer, Canon Station, LLC (MARLA), the City must adopt an ordinance that specifies One Lake Park’s (Park) hours of operation.

DISCUSSION
On August 17, 2021, the City Council adopted an ordinance codifying the rules and regulations for the Park.

Currently, the Fairfield Municipal Code (FMC) states, “park hours are ½ hour before sunrise to ½ hour after sunset.”
The MARLA requires the City to “specifically set” the Park’s hours of operation in the FMC. To ensure compliance with the MARLA and clarify rules for the public, the proposed ordinance amends Section 12B.7(b)(1) of the FMC to read as follows: “park hours are 4:00 a.m. to 10:00 p.m.” The new hours were proposed by Canon Station, LLC, and accepted by the City. The hours are identified in the attached proposed park rules sign.

FINANCIAL IMPACT
There is no immediate financial impact.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on February 18, 2022. The City has received no questions or comments regarding this proposal.

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Agenda Item No: 5.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Second Reading and Adoption of Ordinance 202205 of the City Council of the City ofFairfield Amending Chapter 12B of the Fairfield Municipal Code to Modify the Hours ofOne Lake ParkRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202205.STATEMENT OF ISSUEPursuant to Section 2.4.2 of the Maintenance, Access Easement, Reimbursement, and LeaseAgreement between the City and the developer, Canon Station, LLC (MARLA), the City must adopt anordinance that specifies One Lake Park’s (Park) hours of operation.DISCUSSIONOn August 17, 2021, the City Council adopted an ordinance codifying the rules and regulations for thePark.Currently, the Fairfield Municipal Code (FMC) states, “park hours are ½ hour before sunrise to ½ hourafter sunset.”The MARLA requires the City to “specifically set” the Park’s hours of operation in the FMC. To ensurecompliance with the MARLA and clarify rules for the public, the proposed ordinance amends Section12B.7(b)(1) of the FMC to read as follows: “park hours are 4:00 a.m. to 10:00 p.m.” The new hours wereproposed by Canon Station, LLC, and accepted by the City. The hours are identified in the attachedproposed park rules sign.FINANCIAL IMPACTThere is no immediate financial impact.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION A public hearing notice was published in the Daily Republic newspaper on February 18, 2022. The City has received no questions or comments regarding this proposal.

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

ALTERNATIVE ACTION
The council may direct staff to take an alternative course of action. However, the City must consider the existing MARLA with the developer of One Lake Park and subsequent Development Agreement.

STAFF CONTACT
Jonathan Luong, Management Analyst I
(707) 4287463
[email protected]
COORDINATED WITH
Community Development Department, Police Department, Public Works Department ATTACHMENTS:

Description
Proposed Ordinance
Section 2.4.2 of the MARLA
Proposed Park Rules Sign
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/3/2022 4:25 PM
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CITY OF FAIRFIELD
ORDINANCE NO. 2022-05
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING CHAPTER 12B OF

THE FAIRFIELD MUNICIPAL CODE TO MODIFY THE HOURS OF ONE LAKE PARK THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Subsection (b)(1) within Section 12B.7, “Swimming,” of Chapter 12B, “Parks and Recreation,” is hereby amended as follows, with additions in underline and deletions in strikethrough text:
“Park hours are 1/2 hour before sunrise to 1/2 hour after sunset.4:00 A.M. to 10:00 P.M.”
SECTION 2. This ordinance shall be effective 30 days following its adoption by the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of March, 2022, and
PASSED AND ADOPTED this 15th day of March, 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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2.4 Public Access.

2.4.1 Public Access. Maintenance Operator shall permit the general public to enter and use the Lake Park, the Lake, and as of the City Ownership Date, the Lake Trail Park, subject to the Maintenance Operator's right to close such areas to the public as provided in this Section 2.4 and subject to compliance with the rules and restrictions for the use of such areas that may be established pursuant to Section 2.5 below. In connection with the foregoing, Maintenance Operator agrees that it shall provide a pedestrian pathway around the Boathouse in the approximate location shown on Exhibit B-2 attached hereto, and Maintenance Operator will not take any actions or place any improvements within such pathway that would impede the unintemrpted flow of pedestrians, subject to the Maintenance Operator's right to close such pathway to the public as provided in this Section 2.4 and subject to compliance with the rules and restrictions for the use of such pathway that may be established pursuant to Section 2.5 below.

2.4.2 Hours of Operation. Maintenance Operator will keep the Lake, the Lake Park and as of the City Ownership Date, the Lake Trail Park open for use by the general public during all hours that such areas are required to be open to the public pursuant to any applicable City ordinance, except as provided in Section 2.4.3 below. City shall adopt an ordinance that specifically sets the hours that such areas are required to be open to the public, which ordinance may also include rules and regulations that Maintenance Operator requests and that the City approves pursuant to Section 2.5 below.

2.4.3 Temporarv Closures. Maintenance Operator may restrict the public's access on a temporary basis to any portion of the Maintenance Areas where and when necessary to perform the Park Maintenance Obligations and facilitate proper management and operation of the Maintenance Areas, or to address emergencies. Maintenance Operator shall notiff City in writing at least forty-eight (48) hours prior to the commencement of any pre-planned temporary closures pursuant to this paragraph, and Maintenance Operator shall notiff City in writing of any temporary closure for emergency purposes as soon after such closure as practicable.

2.5 Rules and Restrictions.

2.5.1 Adoption of Rules and Regulations. Maintenance Operator shall have the right to set and post reasonable rules and restrictions on use of the Maintenance Areas; provided, however, (a) any such rules and restrictions shall be established in writing; (b) any such rules and regulations shall be subject to the prior written approval of the City pursuant to Section 2.5.2(a) below prior to their effectiveness; and (c) City shall have no obligation to enforce such rules and regulations unless Maintenance Operator requests City's agreement to provide such enforcement, in which case, prior to City's enforcement thereof, the specific rules and regulations to be enforced by 6#66950307 v5
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2’-0"12"
6 2
4 5
1 5
4 3
2 1
6’-0"LAKE PARK RULES OF CONDUCT SIGN PER CITY
OF FAIRFIELD STANDARDS. WHITE LETTERING ON
GREEN BACKGROUND. PARK HOURS AMENDED
TO "PARK CLOSED FROM 10PM TO 4AM"
NON POTABLE WATER SIGN. WHITE LETTERS ON
PURPLE BACKGROUND.

PARKLAND SERIES, 6’ TALL SMOOTH ROUND

POLE WITH PARKLAND ROUND BASE AND DOME
CAP. AVAILABLE FROM CUSTOM HOME
ACCESSORIES.

COMPACTED SUBGRADE OR ENGINEERED FILL.

CONCRETE FOOTING.

FINISH GRADE.
3 6
1’-6"2’-6"1’-0"3"1
2 Packet Page 16 of 458Attachment 3 Page 1 of 1

Agenda Item No: 6.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:2021 Annual Report on the General Plan
RECOMMENDED ACTION
Receive Report and authorize submission to the State.

STATEMENT OF ISSUE
The Community Development Department prepares an Annual Report on the General Plan (Annual Report) to comply with Section 65400 of the California Government Code. The State requires the planning agency to provide an annual report each year to the legislative body, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) regarding the status of the City’s General Plan and progress in its implementation.

The Annual Report includes the progress in meeting the City’s share of regional housing needs.

Following City Council review, staff will submit the Annual Report to OPR and HCD.

DISCUSSION
This Annual Report focuses on actions taken during 2021 and is the 19th Annual Report since the City Council adopted the Comprehensive Amendment to the General Plan in June 2002.

Key projects implementing the General Plan this past year are listed below and described in more detail in the attached Annual Report document:

Land Use Element
Zoning Ordinance Updates.

Implementation of the Train Station Specific Plan, including the substantial development of Planning Area 4 and approval of plans for Planning Area 5.

Implementation of the Heart of Fairfield Plan, including a number of initiatives and projects by the City’s multidepartmental Heart of Fairfield team.

Housing Element
Active permitting year, with the City issuing 446 permits.

The Housing Authority continued to provide TenantBased Rental Assistance (TBRA) and offer Housing Choice Vouchers (HCV). In 2021, the City offered TBRA to 20 lowincome households and oversaw 887 HCVs.

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The City worked with one project applicant (One Lake) to receive fee deferral in 2021.

The City will also submit the State Annual Housing Element Progress Report. The summary table from this Progress Report is incorporated into the Annual Report document. This Annual Progress Report can be reviewed under the “General Plan” tab on the City’s Planning Division page at this website:
https://www.fairfield.ca.gov/government/city departments/communitydevelopment/planning division
Open Space Conservation and Recreation Element
City Park Lighting Project completed at Lee Bell Park.

Repairing fire damage at Allan Witt Park.

Community Spaces Initiative (Allan Witt Park).

One Lake Park improvements.

Matt Garcia Community Park naming and design kickoff.

Circulation Element
Transit service continued with reduced service during the COVID19 emergency.

Vanden Road landscaping.

West Texas Street “Complete Streets” project, including full funding from a State Active Transportation Program (ATP) grant.

West Texas Street Gateway construction.

Public Facilities and Services
Urban Water Management Plan update.

Measure Pfunded road and pavement improvement projects.

Design contracts to expand the Police Station and two new fire stations.

City Council Chamber renovation.

Economic Development Plan
Business recruitment and retention efforts were particularly successful in retenanting and new BMW dealership at the Fairfield Auto Mall.

Valley Strong Credit Union Disposition and Development Agreement.

Economic Development Strategic Plan, including roadmaps for the Heart of Fairfield, Business and Industrial Parks, and Marketing and Business Attraction.

The City initiated several Heart of Fairfield business support activities to mitigate the impacts of COVID19 and support a more active downtown.

Travis Protection Element
Travis Community Consortium.

Lobbying efforts to support the Base.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The City Council could amend the Annual Report, but State law requires the submittal of the Annual Report by April 1, 2022.

STAFF CONTACT
David Feinstein, Planning Division Manager
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Agenda Item No: 6.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:2021 Annual Report on the General PlanRECOMMENDED ACTIONReceive Report and authorize submission to the State.STATEMENT OF ISSUEThe Community Development Department prepares an Annual Report on the General Plan (AnnualReport) to comply with Section 65400 of the California Government Code. The State requires theplanning agency to provide an annual report each year to the legislative body, the Governor’s Office ofPlanning and Research (OPR), and the California Department of Housing and CommunityDevelopment (HCD) regarding the status of the City’s General Plan and progress in its implementation.The Annual Report includes the progress in meeting the City’s share of regional housing needs.Following City Council review, staff will submit the Annual Report to OPR and HCD.DISCUSSIONThis Annual Report focuses on actions taken during 2021 and is the 19th Annual Report since the CityCouncil adopted the Comprehensive Amendment to the General Plan in June 2002.Key projects implementing the General Plan this past year are listed below and described in moredetail in the attached Annual Report document: Land Use ElementZoning Ordinance Updates.Implementation of the Train Station Specific Plan, including the substantial development ofPlanning Area 4 and approval of plans for Planning Area 5.Implementation of the Heart of Fairfield Plan, including a number of initiatives and projectsby the City’s multidepartmental Heart of Fairfield team.Housing ElementActive permitting year, with the City issuing 446 permits.The Housing Authority continued to provide TenantBased Rental Assistance (TBRA) andoffer Housing Choice Vouchers (HCV). In 2021, the City offered TBRA to 20 lowincomehouseholds and oversaw 887 HCVs. The City worked with one project applicant (One Lake) to receive fee deferral in 2021. The City will also submit the State Annual Housing Element Progress Report. The summarytable from this Progress Report is incorporated into the Annual Report document. ThisAnnual Progress Report can be reviewed under the “General Plan” tab on the City’sPlanning Division page at this website: https://www.fairfield.ca.gov/government/city departments/communitydevelopment/planningdivisionOpen Space Conservation and Recreation ElementCity Park Lighting Project completed at Lee Bell Park.Repairing fire damage at Allan Witt Park.Community Spaces Initiative (Allan Witt Park).One Lake Park improvements.Matt Garcia Community Park naming and design kickoff.Circulation ElementTransit service continued with reduced service during the COVID19 emergency. Vanden Road landscaping. West Texas Street “Complete Streets” project, including full funding from a State ActiveTransportation Program (ATP) grant. West Texas Street Gateway construction.Public Facilities and ServicesUrban Water Management Plan update.Measure Pfunded road and pavement improvement projects. Design contracts to expand the Police Station and two new fire stations.City Council Chamber renovation. Economic Development PlanBusiness recruitment and retention efforts were particularly successful in retenanting andnew BMW dealership at the Fairfield Auto Mall.Valley Strong Credit Union Disposition and Development Agreement.Economic Development Strategic Plan, including roadmaps for the Heart of Fairfield,Business and Industrial Parks, and Marketing and Business Attraction.The City initiated several Heart of Fairfield business support activities to mitigate theimpacts of COVID19 and support a more active downtown.Travis Protection ElementTravis Community Consortium.Lobbying efforts to support the Base.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONNone.ALTERNATIVE ACTIONThe City Council could amend the Annual Report, but State law requires the submittal of the AnnualReport by April 1, 2022.

STAFF CONTACT
David Feinstein, Planning Division Manager
(707) 4287448
[email protected]
COORDINATED WITH
Community Development Department, Public Works Department, Housing Services Department ATTACHMENTS:

Description
2021 Annual Report on the General Plan
REVIEWERS:

Reviewer Action Date
Gassaway, David Approved 3/7/2022 2:21 PM
Beavers, Esther Approved 3/7/2022 2:48 PM
Beavers, Esther Approved 3/7/2022 2:48 PM
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ATTACHMENT 1

C ITY OF F AIRFIELD

2021

ANNUAL REPORT
ON THE

GENERAL PLAN

J ANUARY 1, 202 1 THROUGH D ECEMBER 31, 202 1

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INTRODUCTION AND PURPOSE OF THE ANNUAL REPORT

An Annual Report is required for all General Plans by California Government Code Section 65400(b), which states, “the planning agency shall provide an annual report to the legislative body on the status of the plan and progress in its implementation, including the progress in meeting its share of regional housing needs…”

The General Plan represents Fairfield’s future vision of the City in the year 2020. The Plan identifies the general location for future land uses, including residential, commercial, and industrial areas, and desired population and building densities throughout the community. The Plan states future goals for community-wide recreational amenities, housing, transportation and safety, and contains important policies guiding open space and conservation, economic development and urban design.

This Report describes the City’s progress in implementing the policies and programs of the General Plan as set forth in the General Plan Implementation Program, including the City’s progress on providing its share of the regional housing needs. The Report is divided into topic areas based on the City’s General Plan Elements. This is the 18th Annual Report prepared by the Community Development Department since the 2002 General Plan Update. For further information or additional copies of this Report, please contact:

David Feinstein, Planning Division Manager
City of Fairfield
Community Development Department
1000 Webster Street, 2nd Floor
Fairfield, CA 94533
707-428-7448
[email protected]

The Annual Report is also available on the City of Fairfield Homepage at www.fairfield.ca.gov under Community Development Department.

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General Plan Update

Note that this Annual Report was prepared and reviewed in 2022. 2020 is the horizon year for the current General Plan. In fall 2020, the City initiated preparation of a new General Plan to develop a comprehensive vision for the period through 2050. This will be the first completely new General Plan for the City since 1992. Adoption is anticipated in 2023.

Development in 2021

Development during 2021 continued at a moderate pace, impacted somewhat by the COVID epidemic. Key projects under review, approved and/or under construction during 2021 included:

RESIDENTIAL:
• Enclave at Red Top
• One Lake (Canon Station)
• Ivy Crossing
• Paradise Valley Estates
• Villages at Fairfield
• Village Oaks
• East Tabor Family Apartments
• One Lake Family Apartments
• Green Valley II Apartments
• Gold Hill III
• Train Station Specific Plan Area 5
• Midway Meadows
• Brighton Place
• Green Valley 3 Apartments
• Sunset Avenue Apartments
• PA1 Development 1 Townhomes
• Parkside Flats
• Fairhaven Commons
• Monte Verde
• Brio Studio Mixed Use

COMMERCIAL, INDUSTRIAL AND OFFICE:
• BMW of Fairfield
• Low Court Industrial Building
• Inglebright Industrial
• PDC Green Valley Industrial Buildings A, B, and C
• Huntington and Air Base Industrial Buildings
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• Storage Pro
• Security Self Storage
• Popeyes East Alaska Avenue
• Quick Quack Car Wash
• Express Car Wash
• Residence Inn by Marriott

Land Use Element

Zoning Ordinance Cleanup. Staff continues to update the Zoning Ordinance and Zoning Map to correct and clarify language, ensure the Ordinance remain consistent with state law, and to codify any new policies. In 2021 amendments brought the City into full conformance with State requirements for accessory dwelling units and density bonus, overhauled the City’s telecommunications regulations to conform with Federal law, approved new regulations to support and facilitate “tiny home” development, and enacted more flexible regulations for land uses in the Heart of Fairfield.

Train Station Specific Plan. The City Council adopted the Train Station Specific Plan in July 2011.

The Specific Plan envisions parks, schools, open space, residential, commercial, industrial, and office land uses arranged in neighborhoods, including a “transit village” near the Train Station.

In 2021, development of new neighborhoods continued at a rapid pace in Planning Area 4.

Notably, construction of the One Lake Family Apartments project began as well. Infrastructure construction to support the new development also continued. Notably, the City approved the Master Planned Unit Development Permit and Tentative Subdivision Map for Planning Area 5 of the Specific Plan. This second and final phase of the One Lake project will add an additional 1,100 housing units to the Train Station Specific Plan area.

Heart of Fairfield Specific Plan. In 2017, the City Council adopted the Heart of Fairfield Plan for Downtown Fairfield, which included both the traditional downtown and the West Texas Street corridor. Specific activities that were initiated or underway during 2021 included:

• Downtown Bollard project
• City oversight of the Fairfield Farmers Market, Tomato and Vine Festival, 4th of July and Veterans Day Parades, and Holiday Tree Lighting
• “Retail to Restaurant” program
• “Touch up the Town” neighborhood cleanup
• Art in Public Spaces
• Sem Yeto development feasibility analysis
• Bank of America site development concepts
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• Enhanced Infrastructure Financing District analysis
• Façade Improvement Program
• Allan Witt Park Master Plan Phase I construction
• West Texas Street Complete Streets project design
• West Texas Gateway/Fairfield Transportation Center Bus Access project • Vehicle Miles Traveled study
• Sewer Infrastructure Study
• Parking and One-Way Streets study and design
• Business Watch Program

Housing Element

New Construction. Active housing construction continued during 2021, with residential development continuing to be focused on northeastern Fairfield and Cordelia. As noted above, the first phases of development in the One Lake community saw building permits issued in 2021.

The City issued 446 building permits for residential projects in 2021, including thirteen accessory dwelling units. This number represents a decrease from 2020 due to the 462 units issued in 2020 for two multifamily projects (Green Valley Apartments and One Lake Family Apartments).

Table 1 summarizes the City’s progress in meeting the Regional Housing Need Allocation assigned by the California Department of Housing and Community Development (HCD) and the Association of Bay Area Governments. RHNA numbers do not represent a requirement to build affordable housing if resources to support construction are not available and market conditions limit the ability of the City or private entities to build lower cost housing. While the lack of redevelopment eliminated a historic funding source for affordable housing, the City is nonetheless seeing more interest in affordable housing from a variety of developers, including newcomers to the Fairfield market. In addition to the two apartment projects already issued building permits, the City is reviewed building permit submittals in 2021 by EAH Housing and Mid-Peninsula Housing for over 130 affordable apartments in central Fairfield.

As in past years, the numbers reported in Table 1 are new construction—building permits that have been issued in 2021. City housing policies continue to emphasize preserving housing affordability through rehabilitation loans, first-time homebuyer programs, and mortgage credit certificates. These programs have enabled lower-income households to purchase homes in market priced residential neighborhoods. In addition, short sales and foreclosure sales continued to provide opportunities for lower and moderate-income households with credit and down payments.

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Table 1
Regional Housing Need
January 1, 2014-December 31, 2022
New Construction through December 2021

Income Level
Year Extremely
Low
Very Low Low Moderate Above
Moderate
Total
Projected Need
2014-2022
389 390 404 456 1,461 3,100
Units Built
2014-2021
39 114 110 383 2,858 3,504

Remaining Need 350 276 294 73 0 0
Sources “Projected Need” is the Regional Housing Need Allocation assigned through Association of Bay Area Governments and Solano County Subregional Group. New construction data provided by City of Fairfield Building Division. Note that remaining need is the sum total of the remaining need under each income level column. The City has in fact built more than the allocated number of units in the “Above Moderate Income” category.

State Housing Element Annual Progress Report. The State of California also requires the City to submit a comprehensive digital report, the Housing Element Annual Progress Report, which includes all housing entitlement applications (Planning and Building Permit), permits issued, permits finalized, income levels for each entitlement or building permit, funding sources for affordable housing projects, and compliance with State permit streamlining mandates. This full report is available on the Community Development Department homepage. Attached below is the Summary sheet which compiles key information from the Annual Progress Report.

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HUD Housing Choice Voucher Program (HCV). The HCV program provides rental assistance to low-income families. Program assistance is provided on behalf of the participant family, each family is responsible for locating their own housing, which promotes “housing choice” and encourages economic mobility. In 2021, the Fairfield Housing Authority (FHA) administered 887 Housing Choice Vouchers (HCV). Rental units are inspected annually to meet Housing Quality Standard (HQS) to ensure the unit is safe decent and sanitary. In response to the COVID-19 pandemic the HCV many services, including virtual HQS inspections have been implemented. The HCV Program has also partnered with four affordable housing developments which will create 103 Project-Based units available to City of Fairfield voucher holders.

HOME Tenant Based Rental Assistance (TBRA) Program. FHA continues to successfully administer the Tenant Based Rental Assistance (TBRA) program. This program is designed to assist households afford the rising cost of market rate rental units. Assistance varies but can include housing subsidy, security deposits and utility assistance. Levels of subsidy will vary based upon the income, household composition and need. In 2021, the TBRA program provided assistance to (20) twenty households.

Housing Rehabilitation Assistance. Housing Rehabilitation Program loans and grants are targeted to low-income (single-family) and low- and very low-income (multifamily) households.

In 2021, the program provided four Housing Rehabilitation Grants through the Community Development Block Grant program.

Housing Successor Agency. As required by state law (Senate Bill 341), the Fairfield Housing Successor Agency prepared an Annual Report, which was presented to the City Council.

Open Space, Conservation, and Recreation Element

Rockville Hills Regional Park. The City continues to implement the priorities identified by the City Council in 2007, focusing on maintenance and fire hazard reduction. City activities included limiting access during critical fire days, basic maintenance, and minor trail improvements.

City Park Lighting Project Phase 5. Phase 5 - Lee Bell Park lighting improvements began in 2020 and was accepted as completed in 2021. The project includes installation of City standard pathway and parking lot lighting and associated infrastructure.

Allan Witt Sports Center Fire Rebuild. Following a fire at the Sports Center in 2017, the City began a rebuild project in 2020 and completed it in the first quarter of 2021. The project consisted of reconstructing the fire-damaged areas in the locker rooms, saunas, and restrooms.

The project also included the creation of additional storage space, constructing two new ADA Packet Page 27 of 458Attachment 1 Page 8 of 12

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accessible all-gender restrooms, and upgrading components throughout the facility to meet current ADA standards.

Community Spaces Initiative. The City completed Phases 1 & 2 of the Allan Witt Park portion of the Community Spaces Initiative in 2021. This work includes improvements to the Skate Park, development of dog parks and realignment of the park’s entry road for improved visibility.

One Lake Park. The City approved an improvement agreement for Phase II of the One Lake Park. Phase II improvements along the north side of the Lake continue the trend of creating themed zones within the loop-shaped park. Improvements include seating areas, several play structures, and the northerly parking lot. The City also approved regulations governing use of the Park.

Matt Garcia Community Park. The City approved a design contract with Gates and Associates for a fourth Community Park. This park, planned as a part of the Train Station Specific Plan area, would serve residents in Northeast Fairfield. In conjunction with initiating design for the 50- acre park, the City approved its name, in honor of former City Councilperson Matt Garcia, who was tragically killed in 2008.

Circulation Element

Transit Programs. While transit demand and services were seriously impacted by the COVID crisis, the City continued to maintain basic transit services during 2021. The West Texas Street Gateway project, which will improve access to the Fairfield Transportation Center, began construction in 2021, with completion anticipated in the first quarter of 2022. In addition, the City began preparations for a zoning study of properties near the Fairfield Transportation Center to permit the development of transit-oriented housing.

Jepson Parkway. Jepson Parkway will link Suisun City, Fairfield and Vacaville and provide an alternative route for Interstate 80. During 2021, landscaping and gateway features were installed on Vanden Road.

West Texas Street. The Council adopted the Heart of Fairfield Plan in May 2017, which promotes a vision for a comprehensive transformation of West Texas Street into a mixed-use urban boulevard over time. Concepts include pedestrian and bicycle improvements as well as significant changes in land use along the corridor. A comprehensive study of the Complete Streets program was initiated in 2018, with plans to reduce the number of travel lanes from four to two, with substantial expansion of landscaping and bicycle and pedestrian facilities in the corridor. In 2021 the City was awarded full funding for the project - $10.9 million - under Cycle 5 of the California Packet Page 28 of 458Attachment 1 Page 9 of 12

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Transportation Commission’s Active Transportation Program. In 2021 Coastland Engineering worked on design drawings for the project, and the City held a workshop to introduce the project to the public.

Public Facilities and Services Element

Urban Water Management Plan. The City has continued its efforts to reflect California State efforts in water conservation efforts. Indoor water use, irrigation efficiency and water loss control play central roles in our water management efforts going into the future. In 2021, the City approved a comprehensive update the City’s UWMP.

Infrastructure Maintenance and Upgrades. Infrastructure maintenance and upgrades are outlined in the City’s Capital Improvement Program. Major projects administered by the Public Works Department included Measure P-funded road and pavement improvement projects, upgrades to water infrastructure, including the East-West Crosstown Water Transmission Line, renovation of Allan Witt Community Park and other improvements to City infrastructure and facilities. The City also approved a design contract for a Zone II Water Pump Station to serve the One Lake neighborhood.

Police and Fire Stations. The City approved a design contract in 2021 for the Police Facilities project which would expand the existing Police Station at the Civic Center. The City also approved design contracts for two fire stations. One, a replacement for Fire Station 39, would replace the undersize and outdated facility on Huntington Court with a modern 3-bay station on Peabody Road to better serve growth in the Northeast Area. The other is design for a sixth station for the City on Business Center Drive. The station would serve areas in Cordelia north of Interstate 80.

City Council Chambers Renovation. The City Council chambers renovation project, which began in March 2020 was completed in 2021. The project overhauled all facilities in the Chambers building, including new bathrooms, an expanded dais, new audio and visual technology, and a range of improvements to meet the Americans with Disabilities Act.

Economic Development Element

Business Recruitment and Retention Programs. Economic Development (ED) Division staff implements the City’s business recruitment and retention programs. ED staff researches targeted industries, monitors trade publications, networks with brokers and property owners, attends trade shows, responds to leads and inquiries with marketing and property information, prepares recruitment mailings, calls and visits, and arranges business retention visits to existing employers.

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In 2021, Economic Development attraction efforts brought a new BMW dealership to the Fairfield Automall. City efforts also assisted with the re-opening of Toyota and Nissan dealerships in the Automall, as well as Sunwise – a used car dealer affiliated with Bay Area BMW dealers.

Land Sales. In addition, The Economic Development Division successfully negotiated a Disposition and Development Agreement with Valley Strong Credit Union for a City-owned property at 3360 Nelson Road. When completed, the sale will return more than $1 million to the City in addition to facilitating a new bank and office facility on the property.

Economic Development Strategic Plan. In 2021, the Economic Development Division, with assistance from Chabin Concepts, Inc., completed preparation of an Economic Development Strategic Plan. The Plan provides a roadmap to help the City determine where to allocate resources and identify priorities in business attraction, retention, and expansion. The plan provides three strategic “roadmaps” in order to promote of a new brand identity and attract businesses in targeted industry clusters, job creation, and transformation. The Heart of Fairfield Downtown Roadmap focuses on the transformation of the downtown into a destination branded as Fairfield’s Food and Arts District. The Business and Industrial Parks Roadmap recommends promotion of our parks as the North Bay’s emerging business and industry hub. The plan also suggests the establishment of a skills development program and Manufacturing Center of Excellence in partnership with the Workforce Development Board of Solano County (WDB), Solano Economic Development Corporation (EDC), and Solano Community College (SCC). The Marketing and Business Attraction Roadmap outlines a multi-faceted marketing strategy to support the promotion of the new identities for the downtown and business and industrial parks.

Heart of Fairfield Plan. The Economic Development Team is continuing to contribute toward the goals of the Heart of Fairfield plan, including promotion of the Façade Improvement Program, and a Retail to Restaurant Program. Notably, in 2021, the City dissolved its partnership with the Fairfield Main Street Association. The Economic Development team helped facilitate the transfer of the functions of the Fairfield Main Street Association to the City.

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Travis Protection Element

Travis Community Consortium. The Travis Community Consortium (TCC) is a coalition whose active members include the Cities of Benicia, Dixon, Fairfield, Suisun City, Rio Vista, Vacaville, and Vallejo as well as Solano County, Solano EDC, Travis Credit Union, and the Travis Regional Armed Forces Committee. The purpose of the TCC is to support efforts that enhance the military value of Travis Air Force Base and secure the base against future rounds of BRAC (Base Realignments and Closures) or other movements detrimental to the installation and local community, such as sequestration. The protection and enhancement of operations for Travis Air Force Base has long been a City priority because of the economic benefit to the community, currently estimated at approximately $1.7 billion.

To manage its efforts, in 2021, The TCC selected Solano EDC to provide staffing to the TCC. The TCC continued to focus on the retention of existing assets (C-5, C17, KC-10) and missions. With unpredictable base cuts due to periodic and ongoing sequestration, the TCC continues to focus on preserving existing missions and actively seek bridge missions to backfill the retirement of the KC-10 by engaging with key leadership at Travis Air Force Base, the Pentagon, Capitol Hill, and the Air Mobility Command. The TCC also continues support from federal representatives to preserve Travis’s existing aircraft, including technology upgrades and ongoing maintenance funding.

In 2021, City staff continued discussions with Travis Air Force Base regarding a major project for the base-construction of a parallel taxiway for the easternmost runway. These discussions included transfer of portions of the City and County-shared “Wilcox Ranch” property. Staff also coordinated with the Base on their update of the Travis 100 document, the Base’s guide for long- range planning decisions. In addition, City staff continued discussions with the base regarding potential uses on 75 acres of vacant property on-base near Vanden High School. This land is expected to be part of the Enhanced Use Lease Area (EULA) program.

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Agenda Item No: 7.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Approval of City Council Meeting Minutes for December 21, 2021, January 18, 2022, February 1, 2022, February 15, 2022, and City Council Special Meeting Minutes for February 1, 2022 and February 8, 2022
RECOMMENDED ACTION
Approve minutes.

STATEMENT OF ISSUE
Minutes require approval of City Council.

DISCUSSION
Minutes have been reviewed by the city attorney.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Do not approve, or modify the minutes.

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

Packet Page 32 of 458

Agenda Item No: 7.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Approval of City Council Meeting Minutes for December 21, 2021, January 18, 2022,February 1, 2022, February 15, 2022, and City Council Special Meeting Minutes forFebruary 1, 2022 and February 8, 2022RECOMMENDED ACTIONApprove minutes.STATEMENT OF ISSUEMinutes require approval of City Council.DISCUSSIONMinutes have been reviewed by the city attorney.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONDo not approve, or modify the minutes.STAFF CONTACTAmber Alexander, Deputy City [email protected](707) 4287402COORDINATED WITHCity Attorney's Office ATTACHMENTS:

Description
December 21, 2021 Draft City Council Meeting Minutes
January 18, 2022 Draft City Council Meeting Minutes
February 1, 2022 Draft City Council Meeting Minutes
February 1, 2022 Draft Special City Council Meeting Minutes February 8, 2022 Draft Special City Council Meeting Minutes February 15, 2022 Draft City Council Meeting Minutes
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/2/2022 5:09 PM
Packet Page 33 of 458

City Council Meeting Minutes December 21, 2021 Page 1

CITY OF FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, DECEMBER 21, 2021; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET,
FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers, Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice- mayor Rick Vaccaro, and Mayor Price. Councilmembers Pam Bertani and Cat Moy were absent.

INVOCATION

Worship Pastor Jeff Hood, First Baptist Church

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Councilmember Tonnesen.

COUNCIL REPORTS

Vice-Mayor Vaccaro wished everyone a Merry Christmas and Happy New Year! He reported he, Mayor Price, and other City leaders visited First Five Center in Vallejo. He thanked Pastor Gilmore and Bethel Community Church for holding the toy, coat, and food giveaway on December 18 and for always supporting the community. Next, he reported he attended the Filipino American Chamber of Commerce Solano County 29th Annual Christmas Brunch, where former Vallejo City Councilman Hermie Sunga was awarded the Spirit of Solano Award. Lastly, he thanked all City staff for their hard work and dedication during an especially difficult year.

Councilmember Panduro thanked Fairfield Police for the Santa event they held in various neighborhoods for the past few weeks. She gave special thanks to Lt. Josh Kresha, Officer Zach Tuss, and Officer Rolando Sanchez (who speaks Spanish), for playing the role of Santa! She stated that seeing the kids’ faces when meeting Santa was priceless! Next, she shared that her District, No. 5, was awarded a $5.7M grant to build a community center/park/sports facility where the old bowling alley was located. Construction will start at end of 2022.

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City Council Meeting Minutes December 21, 2021 Page 2

Councilmember Timm thanked everyone who donated 1,000 jackets; 2,000 toys; and 450 bags of food. He stated that Fairfield is a very generous community and thanked the volunteers that worked behind the scenes to make the holidays special for families in need.

Councilmember Tonnesen thanked maintenance employee La Shune Beck for her efforts in keeping the Council Chamber clean and safe on behalf of the entire City Council during the COVID-19 pandemic.

Mayor Price reported that he and Councilmembers Panduro and Tonnesen attended the holiday luncheon at the Adult Recreation Center . He thanked the Sons of Italy, who hosted and prepared the meal. He wished everyone a safe holiday and cautioned people to drive carefully in the rain.

CITY MANAGER REPORT

Acting City Manager David Gassaway congratulated three new police cadets. He reported that Housing Services remodel on Ohio Street is complete and that the City signed the lease today. Lastly, he thanked retiring Fire Chief Tony Velasquez, who retires on December 30, after 30 years of service with the City of Fairfield; the last nine years he served as Chief. The Change of Command Ceremony will be held on December 30 at Fire Station 37, when Matt Luckenbach will become the new Fire Chief.

CITY ATTORNEY REPORT

City Attorney David Lim reported that the City Council authorized a settlement in the case of City of Fairfield and the People of the State of California v. Edward Dayton; Solano County Superior Court, Case No. FCS048898, in the amount of $10,900. He also reported that City Council authorized Chief of Police Deanna Cantrell and Police Captain Dan Marshall, along with himself, to act as negotiators on behalf of the City of Fairfield for leasing the property at 2250 and 2256 N. Texas Street for the Fairfield Police Activities League (FPAL) Center, with the owners of the property, Patrick Lively and David Lively.

CITY CLERK REPORT

City Clerk Karen Rees wished everyone a Merry Christmas and Happy New Year. She thanked all of the city volunteers, Adopt A Street, and Adopt A Park volunteers for all they do to help the city run smoothly.

PUBLIC COMMENTS

Brian Kilpatrick and George Kennedy spoke about pickleball.

Bryan Lynch thanked the Police Department for its assistance with a neighborhood matter.

Convened a joint meeting of the City Council and Housing Authority at 6:27 p.m.

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City Council Meeting Minutes December 21, 2021 Page 3

City Clerk Rees read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the Councilmembers to receive additional compensation of $35 for attending this joint meeting.

HOUSING AUTHORITY CONSENT CALENDAR

1. Resolution HA2021-14 of the Fairfield Housing Authority Receiving and Filing the Housing Successor Annual Report and Directing Staff to Publish the Report on the City Website and Transmit the Report to the State Department of Housing and Community Development Pursuant to California Health and Safety Code Section 34176.1

Commissioner Timm made a motion to approve Resolution HA2021-14. Vice-Chair Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

JOINT MEETING - NEW BUSINESS

2. Housing Services Director LaTanna Jones recommended to Council that it approve establishing a Fairfield Housing Trust Fund with the following:

First reading and Introduction of Ordinance 2021-24 of the City Council of the City of Fairfield Establishing an Affordable Housing Trust Fund in the City of Fairfield to Aid in Developing and Maintaining Mixed-Income and Affordable Housing Initiatives; and

Resolution 2021-304 of the City Council of the City of Fairfield Authorizing the Contribution of Intragovernmental Loan Funds and General Funds to the Housing Trust Fund to Aid in Developing and Maintaining Mixed-Income and Affordable Housing Initiatives and Updating the Fiscal Year 2021-2022 Budget; and

Resolution HA2021-15 of the Fairfield Housing Authority Authorizing the Contribution of Funds to The Housing Trust Fund to Aid in Developing and Maintaining Mixed-Income and Affordable Housing Initiatives and Updating the Fiscal Year 2021-2022 Budget

Vice-Chair Vaccaro made a motion to waive full reading, read by title only, and introduce Ordinance 2021-24. Commissioner Timm seconded the motion. By a roll call vote, the motion carried unanimously.

Commissioner Timm made a motion to approve Resolutions 2021-304 and HA2021-15.

Commissioner Panduro seconded the motion. By a roll call vote, the motion carried unanimously.

Reconvened meeting of the City Council at 6:50 p.m.

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City Council Meeting Minutes December 21, 2021 Page 4

CONSENT CALENDAR

3. Second Reading and Adoption of Ordinance 2021-23 of the City Council of the City of Fairfield Amending Chapter 5 of the City of Fairfield Municipal Code to Adopt and Amend Appendix X, of the California Residential Code, Emergency Housing

4. Resolution 2021-305 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

5. Resolution 2021-306 of the City Council of the City of Fairfield Approving an Application for Per Capita Grant Funds for the Allan Witt Aquatics Complex Concessions Stand Project

6. Resolution 2021-307 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Execute an Agreement with Swiftly, Inc. for the Provision of Transit Automated Vehicle Location, Service Monitoring, and Reporting Services and Equipment

7. Resolution 2021-308 of the City Council of the City of Fairfield Approving Conveyance of an Easement to Pacific Gas and Electric Company related to the West Texas Street Gateway Improvement Project, Authorizing the City Manager to Execute an Easement Deed

8. Resolution 2021-309 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement between the City of Fairfield and GHD Engineers for the West Texas Utility Relocation Project

9. Resolution 2021-310 of the City Council of the City of Fairfield Paying and Reporting the Value of Employer-Paid Member Contributions for Fairfield General Management Association Employees and Confidential Management Employees; and

Resolution 2021-311 of the City Council of the City of Fairfield Paying and Reporting the Value of Employer-Paid Member Contributions for the Fairfield Police Management Association Employees

10. Resolution 2021 -312 of the City Council of the City of Fairfield Approving a Consultant Services Agreement by and Between the City of Fairfield and Solano Economic Development Corporation to Provide Staffing and Resource Support to the Travis Community Consortium

11. Resolution 2021-313 of the City Council of the City of Fairfield Approving the Purchase and Sale Agreement Between the City of Fairfield and Larry J. Woerner Trust for the Sale of Parcels Located Off of Cordelia Road More Commonly Known as APNs 0046-300-250 and -260

Councilmember Timm asked that Item 12 be pulled from consent for discussion.

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City Council Meeting Minutes December 21, 2021 Page 5

12. Assistant Public Works Director Ryan Panganiban recommended to Council that it approve Resolution 2021-314 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with New Image Landscape Company, Inc. for Landscape Maintenance Services in Landscaping and Lighting Maintenance District No. 7 – Rolling Hills; and

Resolution 2021-315 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with New Image Landscape Company, Inc. for Landscape Maintenance Services in Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North; and

Resolution 2021-316 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with New Image Landscape Company, Inc. for Landscape Maintenance Services in Landscaping and Lighting Maintenance District No. 13 – North Cordelia; and

Resolution 2021-317 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with Dominguez Landscape Services, Inc. for Landscape Maintenance Services in Landscaping and Lighting Maintenance Districts No. 3 – Waterman Highlands, No. 6 – Peppertree, and No. 8 – Kolob.

Prior to public comment on Item 12, Councilmember Timm requested staff to read staff’s response to an email from Joseph Green-Hefferen.

Joe Bisby, Willard Morris, and June Johnsen spoke in person on Item 12. Via online on Zoom, Cynthia, phone # ending in 831, R.C. Taylor, L. Jesse Jones-Bell, and Steven Garretson spoke on Item 12.

Council directed staff to consider funding options to address a reduction in services and present at the January 18, 2022, council meeting.

Councilmember Timm made a motion to approve Item 12. Vice-mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

Councilmember Timm made a motion to approve the Consent Calendar as presented, excluding Item 12. Vice-mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

Mayor Price called a ten-minute recess.

Reconvened the City Council meeting at 7:43 p.m.

NEW BUSINESS

13. Minute Action Approving Mayor's Appointment to the Golf Advisory Board (GAB)

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City Council Meeting Minutes December 21, 2021 Page 6

Vice-mayor Vaccaro made a motion to approve the mayor’s appointment of Terri Cameron to the Golf Advisory Board. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously.

City Clerk Rees administered the Oath of Office to GAB member Terri Cameron.

14. Economic Develo pment Manager Dwayne Dalman gave a Heart of Fairfield – Overview of Proposed Downtown Streetscape and Circulation Improvements presentation.

Cornelius Wood spoke on Item 14.

15. Homeless Services Manager Dawn La Bar recommended to Council that it approve Resolution 2021-318 of the City Council of the City of Fairfield Authorizing the Purchase of 12 Pallet Shelters to Be Used for an Emergency Homeless Shelter Program and Authorizing the City Manager to Execute Related Purchasing Documents.

Vice-mayor Vaccaro made a motion to approve Resolution 2021-318. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously.

16. Public Works Director Paul Kaushal recommended to Council that it approve Resolution 2021-319 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 5 to the Design Services Agreement Between the City of Fairfield and Callander Associates, Inc. for the Allan Witt Community Park Tennis Court Renovation Project and Updating the Fiscal Year 2021/2022 Budget.

Brian Kilpatrick and George Kennedy spoke on Item 16.

Councilmember Tonnesen made a motion to approve Resolution 2021-319. Councilmember Timm seconded the motion. The motion carried unanimously.

THE MEETING WAS ADJOURNED AT 8:52 P.M. TO TUESDAY, JANUARY 18, 2022, 6:00 P.M., COUNCIL CHAMBER.

__________________________________
City Clerk

__________________________________
Mayor
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City Council Meeting Minutes January 18, 2022 Page 1

CITY OF FAIRFIELD

CITY COUNCIL

REGULAR MEETING
TUESDAY, JANUARY 18, 2022; 6:00 PM

VIA TELECONFERENCE

MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, Scott Tonnesen, Vice-Mayor Rick Vaccaro, and Mayor Price.

INVOCATION

Luke Barker of Celebration church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Tonnesen led the Pledge of Allegiance.

REDISTRICTING PUBLIC HEARING

1. Consultant Doug Yoakam from National Demographic Corporation gave a presentation on Public Hearing No. 4 regarding Redistricting City Council District Boundaries.

Mayor Price opened the public hearing. There were no requests to speak. Mayor Price closed the public hearing.

Councilmember Timm made a motion to select Draft Map No. 201 with Districts 1, 3, and 5 in the 2022 election cycle; while Districts 2, 4, and 6 will occur in the 2024 election cycle. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

COUNCIL REPORTS

Vice Mayor Vaccaro wished everyone a happy new year. He shared his frustration about the Voting Rights bill and the inability for the U.S. Congress to pass it due to many legislators in the country not supporting it . He stated everyone in the United States should have the right to vote; he supports it 100 percent.

Councilmember Bertani wished everyone a happy new year and said that Council has lots of work to accomplish in 2022. She thanked councilmembers and staff for their unwavering Packet Page 40 of 458Attachment 2 Page 1 of 5

City Council Meeting Minutes January 18, 2022 Page 2

support during her recent illness.

Councilmember Moy stated she was happy to see Councilmember Bertani healthy! She reported that she had received calls regarding a homeless encampment under Interstate-80 and she thanked Public Works staff for already cleaning up the mess. Next, she asked the city manager and city attorney for their help in urging businesses to do their part to help clean up their areas in Fairfield.

Councilmember Panduro reported that she and Councilmember Tonnesen were assigned to serve on the Marin Clean Energy (MCE) Board of Directors; they also participate in monthly one-on-one calls with the Solano County representative for MCE. She explained that MCE is a public (not for profit) electricity provider that gives all PG&E customers the ability to have 60-100 percent of their electricity from renewable sources. She stated she would continue to provide information and stated that postcards would be mailed from MCE to customers starting in February 2022.

Councilmember Timm reported he had received numerous calls reporting crime, specifically the theft of catalytic converters. He welcomed Councilmember Bertani back! Lastly, he wished everyone a happy new year!

Councilmember Tonnesen wished his father-in-law, Leo, a very happy 89th birthday! He asked that the City of Fairfield start sending out public notices when major cleanups will occur to alert the public.

Mayor Price reported he liked spending time recently downtown at night when it’s all lit up and seeing families enjoying themselves. He shared that there will be an inaugural Juneteenth African-American Cultural Literacy Experience event at Hilton Garden Inn on June 25, 2022, presented by the Solano County Library Foundation. Lastly, he thanked local businesses that have cleaned up in front of their businesses, especially local banks.

CITY MANAGER REPORT

Interim City Manager David Gassaway reported that Councilmember Moy requested that a discussion regarding cleanups in the city and on private property be agendized. He suggested that Council discuss it at their strategic goal planning session in February. Next, regarding Lighting and Landscape Maintenance Districts (LLMDs), he reported staff mailed a flyer to district residents that two information al virtual meetings would be held on January 25 and 26; in addition, a Special Council Meeting will be held on February 1 addressing LLMDs. He shared that due to supply chain backlogs, the pool heater part for Aquatic Complex at Allan Witt would not arrive for eight weeks. Lastly, he reported that council and planning meetings would continue via Zoom until COVID-19 surge numbers decrease.

CITY ATTORNEY REPORT

City Attorney David Lim reported that during closed session, Council voted 7-0 to approve the appointment of David Gassaway as the Interim City Manager (from Acting City Manager) for a period of six months. Regarding the existing litigation for Bonnie Kessner, et. al., versus City of Fairfield, et. al. in Santa Clara Superior Court, Council voted 7-0 to approve a settlement Packet Page 41 of 458Attachment 2 Page 2 of 5

City Council Meeting Minutes January 18, 2022 Page 3

in which Ms. Kessner will dismiss her claim against the City of Fairfield in exchange for the City paying her legal fees; the approximate cost is $150.00.

CITY CLERK REPORT

City Clerk Karen Rees thanked Valley Strong Credit Union for adopting a se ction of Nelson Road, and Jared Neumayr for coordinating the adoption.

PRESENTATIONS

2. Councilmember Cat Moy presented a proclamation for Amy Maginnis' Honey - 40 Years of Service as a journalist at the Daily Republic, that declared January 18, 2022, as “Amy Maginnis Honey Day” in the city of Fairfield.

CONSENT CALENDAR

3. Second Reading and Adoption of Ordinance 2021-24 of the City Council of the City of Fairfield Establishing an Affordable Housing Trust Fund in the City of Fairfield to Aid in Developing and Maintaining Mixed-Income and Affordable Housing Initiatives

4. Approval of Meeting Minutes from October 5, 2021, October 19, 2021, November 2, 2021, November 16, 2021, December 7, 2021, and Special Meeting Minutes of October 5, 2021

5. Minute Action to Receive and Review the Fiscal Year 2020-21 AB1600 Annual Report Pursuant to Government Code 66006

6. Resolution 2022-01 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

7. Resolution 2022-02 of the City Council of the City of Fairfield Accepting the Villages at Fairfield Village II – Lot 1 Landscape Improvements as Complete

8. Resolution 2022-03 of the City Council of the City of Fairfield Authorizing a Task Order for West Yost Associates to Provide Engineering Services for Updating the City of Fairfield’s Pump Station Asset Management Plan

9. Resolution 2022-04 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Canon Station Planning Area 4 – Neighborhood 4B & 4C Subdivision as Complete

10. Resolution 2022-05 of the City Council of the City of Fairfield Amending the Departmental Position Control List

11. Resolution 2022-06 of the City Council of the City of Fairfield Accepting the North Bay Regional Water Treatment Plant Ozone System Improvements Project as Complete Packet Page 42 of 458Attachment 2 Page 3 of 5

City Council Meeting Minutes January 18, 2022 Page 4

12. Resolution 2022-07 of the City Council of the City of Fairfield Redesignating the Solano Transportation Authority (STA) as Abandoned Vehicle Abatement (AVA) Program Service Authority for Solano County

13. Resolution 2022-08 of the City Council of the City of Fairfield Authorizing Renewal of the Small Government Enterprise Agreement with Environmental Systems Research Institute, Inc.

14. Resolution 2022-09 of the City Council of the City of Fairfield to Transfer Nine 2018 Motor Coach Industries Commuter Coaches to Solano County Transit for the Operation of SolanoExpress Service

15. Resolution 2022-10 of the City Council of the City of Fairfield Approving the Disposition and Development Agreement Between the City of Fairfield and Lionext Inc.

16. Resolution 2022-11 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Updated Professional Services Agreements Between the City of Fairfield and the Following Plan Review and Inspection Consulting Firms: Bureau Veritas North America, CSG Consultants, Interwest, Shums Coda, and TRB + Associates

17. Resolution 2022-12 of the City Council of the City of Fairfield Approving the First Amendment to Lease Agreement Between the City of Fairfield and the Solano Economic Development Corporation

18. Resolution 2022-13 of the City Council of the City of Fairfield Approving the Purchase and Sale Agreement Between the City of Fairfield and Northern California Retired Officers Community dba Paradise Valley Estates

19. Resolution 2022-14 of the City Council of the City of Fairfield Modifying Procedures Set Forth in the Application Procedures and Guidelines for a Commercial Cannabis Business Permit and the Conditions of Approval Adopted in Resolutions 2021-139, 2021-140, 2021-142, and 2021- 143

Vice Mayor Vaccaro made a motion to approve the Consent Calendar as presented.

Councilmember Timm seconded the motion. By a roll call vote, the motion carried unanimously.

NEW BUSINESS

20. Fairfield Police Sergeant Frank Piro recommended to Council that it approve the First Reading and Introduction of Ordinance 2022-01 of the City Council of the City of Fairfield Amending Section 25.32.17 of Chapter 25, Division 3, of the Fairfield Municipal Code to impose Increased Administrative Penalties for Unlawful Cannabis Cultivation.

Police Support Manger Jeremy Profitt and Assistant City Attorney Gaby Lion gave short presentations on item 20.

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City Council Meeting Minutes January 18, 2022 Page 5

Councilmember Bertani made a motion to waive the full reading, read by title only, and introduce Ordinance 2022-01 for first reading. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously.

21. City Attorney David Lim recommended to Council that it approve Resolution 2022-15 of the City Council of Fairfield approving the Interim City Manager Employment Agreement between the City of Fairfield and David Gassaway and Amending the Salary Schedule.

Vice-Mayor Vaccaro made a motion to approve Resolution 2022-15. Councilmember Moy seconded the motion. By a roll call vote, the motion carried unanimously.

ADJOURNED MEETING AT 7:47 P.M. TO TUESDAY, FEBRUARY 1, 2022, 6:00 P.M., VIA TELECONFERENCE.

____________________________
City Clerk

_________________________
Mayor
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City Council Meeting Minutes February 1, 2022 Page 1

CITY OF FAIRFIELD

CITY COUNCIL

REGULAR MEETING
TUESDAY, FEBRUARY 1, 2022; 6:00 PM

VIA TELECONFERENCE

MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 6:33 p.m., as the Special Meeting convened at 5:30 p.m. ran over schedule.

ROLL CALL

On roll call were Councilmembers Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice Mayor Rick Vaccaro, and Mayor Price.

INVOCATION

Pastor Sam Morris of BayNorth Church of Christ gave an invocation .

PLEDGE OF ALLEGIANCE

Councilmember Moy led the Pledge of Allegiance.

COUNCIL REPORTS

Vice-Mayor Vaccaro gave kudos to students and teachers who have been struggling though the COVID-19 pandemic, citing high absenteeism from both parties. He stated he did not agree with the various groups throughout the United States, who are banning books.

Councilmember Bertani said she wholeheartedly agreed with Councilmember Vaccaro regarding the banned books.

Councilmember Moy wished everyone a Happy Chinese New Year, “the Year of the Tiger.”

Councilmember Panduro wished everyone prosperity in the Year of the Tiger.

Councilmembers Timm and Tonnesen passed on giving a report.

Mayor Price proudly reported he attended the parade honoring Vanden High Schools’ football team, who won the state championship. He congratulated the team and Coach Sean Murphy. He shared that he enjoyed his visit with the 8 th grade class at Holy Spirit Catholic School.

CITY MANAGER REPORT
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City Council Meeting Minutes February 1, 2022 Page 2

Interim City Manager David Gassaway reported there were no changes to the agenda. He stated that the State of California’s moratorium on water shuts offs ended January 1 and that the City of Fairfield has delayed any shut offs. The Finance Department has worked hard to apply state funds that the City received to the late water accounts. However, there are approx. 200 accounts with outstanding balances that exceed $1,000. Shutoffs will begin February 15, but the Finance Department plans to work with residents on payment plans to prevent shutoffs.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees stated she was looking forward to the recognition of the PAL volunteers.

She thanked Esther Beavers of the City Manager’s Office, who prepared the certificates. She wished everyone a Happy Ground Hog Day on 2/2/22!

PRESENTATIONS

1. Police Captain and PAL President Dan Marshall recognized all sKREAMZ Haunted House volunteers. Eric Land of sKREAMZ presented PAL a check in the amount of $11,000.

2. Mayor Price recognized the Vanden High School Football team as State Champions and thanked Coach Sean Murphy, who was a former student and football player at Vanden.

3. Councilmember Pam Bertani read a Proclamation declaring February as Black History Month in the city of Fairfield.

PUBLIC COMMENTS

Leo Callejas spoke about events hosted by the Solano Hispanic Chamber of Commerce.

June Johnsen thanked the Police Department for its excellent community survey.

Ethan Nguyen thanked Mayor Price for visiting his class at Holy Spirit School.

CONSENT CALENDAR

4. Heart of Fairfield Fourth Quarter 2021 Implementation Plan Update

5. Second Reading and Adoption of Ordinance 2022-01 of the City Council of the City of Fairfield Amending Section 25.32.17 of Chapter 25, Division 3 of the Fairfield Municipal Code to Impose Increased Administrative Penalties for Unlawful Cannabis Cultivation

6. Resolution 2022-16 of the City Council of the City of Fairfield Reconsidering and Packet Page 46 of 458Attachment 3 Page 2 of 4

City Council Meeting Minutes February 1, 2022 Page 3
Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

7. Resolution 2022-17 of the City Council of the City of Fairfield to Increase the Compensation for Planning Commissioners

8. Resolution 2022-18 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield Village I – Unit 4 Subdivision as Complete

9. Resolution 2022-19 of the City Council of the City of Fairfield Approving Plans and Specifications and Awarding a Contract to California Highway Construction Group, Inc. for the Heart of Fairfield - CDBG Downtown Sidewalk Gap Closure Project

10. Resolution 2022-20 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Three Ford Expedition Replacement Vehicles and Outfit Them with Specialized Safety Equipment for the Fire Department

11. Resolution 2022-21 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Ten Replacement Police Interceptor Utility Vehicles and Outfit Them with Specialized Safety Equipment and Graphics for the Police Department

Vice-Mayor Vaccaro made a motion to approve the Consent Calendar as presented.

Councilmember Timm seconded the motion. By a roll call vote, the motion carried unanimously.

NEW BUSINESS

12. Deputy City Clerk Amber Alexander recommended to council that it approve the first reading and introduction of Ordinance 2022-02 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. full reading, read by title only; and introduce ordinance for first reading.

Councilmember Moy made a motion to waive full reading, read by title only; and introduce Ordinance 2022-02 for first reading. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously.

PUBLIC HEARINGS

13. Management Analyst Jonathan Luong recommended to council that it open the public hearing and approve the first reading and introduction of Ordinance 2022-03 of the City Council of the City of Fairfield Amending Section 2.24.1 of the Fairfield Municipal Code to Limit the Number of Absences Planning Commissioners Are Permitted Within Twelve Months.

Mayor Price opened the public hearing. There were no requests to speak. Mayor Price closed the public hearing.

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After a discussion, along with guidance from Acting City Attorney Lim , council agreed that Ordinance 2022-03 should be rewritten to include a 10 day right of appeal and further revisions, to present to council for approval at a future meeting.

ADJOURNED MEETING AT 7:20 P.M. TO TUESDAY, FEBRUARY 15, 2022, 6:00 P.M., VIA TELECONFERENCE.

____________________________
City Clerk

________________________________
Mayor
Packet Page 48 of 458Attachment 3 Page 4 of 4

City Council Special Meeting February 1, 2022 Page 1

CITY OF FAIRFIELD

SPECIAL MEETING
TUESDAY, FEBRUARY 1, 2022; 5:30 PM

VIA TELECONFERENCE

MINUTES

CALL TO ORDER
Mayor Harry T. Price called the meeting to order at 5:30 p.m.

ROLL CALL
On roll call were Councilmembers Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice Mayor Rick Vaccaro, and Mayor Price.

NEW BUSINESS

1. Public Works Management Analyst Chris Lewis recommended to Council it open a discussion and provide di rection r egarding f unding o ptions to maintain s ervice levels within Landscaping and Lighting Maintenance Districts Nos. 7, 11, and 13. Ms.

Lewis gave a brief presentation.

After a lengthy discussion, City Attorney David Lim reiterated the three options that Council has: 1) Council can authorize use of general fund money as a loan; 2) Council can authorize use of general fund money to fund “public improvements” to cover landscaping services; and 3) Council can take no action to supplement the LLMD budgets.

Rick Johnson, Theda Peck, Steven Garretson, M. Merganser47, Connor Neufeld, Mark Carmody, Joe Green-Heffern, Brenda Villanueva Nikolai, and June Johnsen spoke on Item 1.

Acting City Attorney Lim stated that the voting procedure under Proposition 218 is a majority of residents, not a 50 percent plus 1. No votes cannot exceed yes votes, and in case of a tie, votes are weighted depending on amount of assessment per parcel.

Councilmember Tonnesen made a motion to choose Option 1B, which reads: “Authorize the use of general fund money as a loan to cover revenue shortfalls during the period from May 1, 2022 (anticipated) to June 30, 2023, to be repaid if the City increases assessments and directs staff to commence Proposition 218 proceedings to increase assessments for LLMDs No. 7, 11, and 13. If approved, the proposed increase would be effective beginning Fiscal Year 2023-24.” Councilmember Timm seconded the motion. By a roll call vote, the motion carried 6-1, with Councilmember Bertani voting no.

The meeting was adjourned at 6:33 p.m.

____________________________
City Clerk
________________________________
Mayor
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City Council Special Meeting Minutes February 8, 2022 Page 1

CITY OF FAIRFIELD

SPECIAL MEETING
TUESDAY, FEBRUARY 8, 2022; 5:00 PM

VIA TELECONFERENCE

MINUTES

CALL TO ORDER
Mayor Harry T. Price called the meeting to order at 5:00 p.m.

ROLL CALL

On roll call were Councilmember Pam Bertani, Councilmember Cat Moy, Councilmember Doriss Panduro, Councilmember Chuck Timm, Councilmember Scott Tonnesen, Vice-Mayor Rick Vaccaro, and Mayor Harry Price.

PUBLIC COMMENTS

Dwayne Crower, Bob Panzer, and Nora Dizon spoke about the general plan update.

NEW BUSINESS

1. Fairfield Forward 2050 General Plan Update Project

Alison Moore from Dyett & Bhatia gave a presentation on the Fairfield Forward General Plan Update and Climate Action Plan. The objective was to get reacquainted with Fairfield Forward 2050; and for the council to provide direction on potential areas of change.

Supplementing Downtown: Council was presented with options for the downtown area. The options were:

Alternative 2 – High-density residential area around the transportation center, medium/high density south of Heart of Fairfield area, and mixed -use near Suisun.

Alternative 3 – Mixed-use near Transportation Center

Council preferred a hybrid mixture of Alternatives 2 and 3.

Solano Town Center: Council was presented with options for the Solano Town Center. The options were:

Alternative 1 – Minimal change
Alternative 2 - Some mixed use, higher density housing
Alternative 3 - Major transformation, a mix of housing types, jobs, communit y use, and green space

Council preferred Alternative 3.

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City Council Special Meeting Minutes February 8, 2022 Page 2

North Texas Street Corridor: Council was presented with options for the North Texas Street Corridor. The options were:

Alternative 1 – Limited changes
Alternative 2 – Major transformation, includes residential commercial, community uses, public realm improvements, and bus rapid transit
Alternative 3 – Nodes of activity, some mixed-use development but less than Alternative 2

Council preferred Alternative 2.

ADJOURN
Mayor Price adjourned the meeting at 6:16 p.m.

_________________________
City Clerk

_____________________________
Mayor
Packet Page 51 of 458Attachment 5 Page 2 of 2

City Council Meeting Minutes February 15, 2022 Page 1

CITY OF FAIRFIELD

CITY COUNCIL

CONCURRENT REGULAR MEETING
TUESDAY, FEBRUARY 15, 2022; 6:00 PM

VIA TELECONFERENCE

MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice Mayor Rick Vaccaro, and Mayor Price.

PLEDGE OF ALLEGIANCE

Councilmember Tonnesen led the Pledge of Allegiance.

COUNCIL REPORTS

Vice-Mayor Vaccaro reported he attended the State of the Base at Travis Air Force Base (TAFB) and he stated that the Commander gave a dynamic speech. Next, he reported that he attended the grand opening of BMW and said it was a great event. Lastly, he commented that he was pleased to see the mask mandate lifted in Fairfield as of February 16 and stated he hoped that students could soon attend school without wearing masks.

Councilmember Bertani reported she also attended the State of the Base at TAFB, and she gave accolades to Colonel Simmons and the entire staff at TAFB, who do a tremendous job!

Councilmember Moy wished everyone a belated Happy Valentine’s Day.

Councilmember Panduro reported that it was her first time attending the State of the Base address. She commented that TAFB is a great partner, locally and internationally.

Councilmember Timm congratulated BMW on a great event and stated he hoped to see more minority owned businesses in Fairfield. He wished Councilmember Tonnesen a happy birthday!

Councilmember Tonnesen stated he had been on the City Council for fourteen months and he was pleased to announce that the bathrooms at Allan Witt Park will be open on March 22, which was something he has asked for since he was elected. Next, he requested that pickleball and the tennis courts at Allan Witt be placed on a future agenda for more discussion. Lastly, he thanked everyone for the birthday wishes.

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City Council Meeting Minutes February 15, 2022 Page 2

Mayor Price reported that he attended the Fairfield Host Lions Club annual student event and was impressed by four high school speakers who were competing against students from Nevada for $22,000 in scholarships. The topic was “How can kindness reunite our country.”

CITY MANAGER REPORT

Interim City Manager David Gassaway reported there was one change to the agenda: Item 17 needs to be continued to the March 1, 2022, Council meeting. He stated that City Hall would fully reopen on February 16 with mask guidance protocols. Lastly, he reported that the Council meeting on March 1 would be held in person, with an option for Councilmembers and/or the public to participate online via Zoom.

CITY ATTORNEY REPORT

Acting City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees had nothing to report.

PRESENTATIONS

1. Councilmember Moy read a proclamation for National Cancer Prevention Month.

2. Assistant Public Works Director of Utilities Michael Hether presented the Crosstown Pipeline
Project and showed a video.

3. Community Development Manager Sebastian Conn of Marin Clean Energy (MCE) gave a presentation.

PUBLIC COMMENTS

George Kennedy spoke about pickleball.

Leo Callejas spoke about events hosted by the Solano Hispanic Chamber of Commerce.

Chairman Price convened the meeting of the Housing Authority at 6:45 p.m.

City Clerk Rees read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

Reconvened meeting of the City Council at 6:47 p.m.

Packet Page 53 of 458Attachment 6 Page 2 of 5

City Council Meeting Minutes February 15, 2022 Page 3

CONSENT CALENDAR

6. Resolution 2022-22 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

7. Resolution 2022-23 of the City Council of the City of Fairfield Approving Amendments to the City of Fairfield Conflict of Interest Code

8. Resolution 2022-24 of the City Council of the City of Fairfield Approving the Cooperative County Agreement with the County of Solano and Other Members of the Solano Regional GIS Consortium to Provide Funding for Countywide Aerial Imagery Services

9. Resolution 2022-25 of the City Council of the City of Fairfield Authorizing the City Manager to Negotiate and Execute a Site Host Agreement for the Installation of Public Use Electric Vehicle Chargers with Electric Vehicle Charging Solutions (EVCS) and an Electric Fast Charge Program Contract with Pacific Gas & Electric (PG&E)

10. Resolution 2022-26 of the City Council of the City of Fairfield Rescinding City Council Resolution 2018256; and

Resolution 2022-27 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

11. Resolution 2022-28 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

12. Resolution 2022-29 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

13. Second Reading and Adoption of Ordinance 2022-02 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

Councilmember Timm made a motion to approve the Consent Calendar as presented.

Councilmember Bertani seconded the motion. By a roll call vote, the motion carried unanimously.

NEW BUSINESS

14. Deputy City Clerk Amber Alexander recommended to council that it approve the first reading and introduction of Ordinance 2022-04 of the City Council of the City of Fairfield Packet Page 54 of 458Attachment 6 Page 3 of 5

City Council Meeting Minutes February 15, 2022 Page 4
Adopting the Official Council District Map to Establish Boundaries for the City Council Districts Following the Decennial Federal Census.

Councilmember Timm made a motion to waive full reading of Ordinance 2022-04, read by title only, and introduce the ordinance for first reading. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

15. Assistant Public Works Director of Utilities Michael Hether requested policy direction on a Potential Inter-Agency Water Delivery Agreement for the Middle Green Valley Project (MGVP).

Duane Kromm, Nora Dizon, Terry Schmidtbauer, Jim Spering, Marilyn Farley, Anthony Russo, and Amanda Monchamp spoke on Item 15.

Councilmember Tonnesen made a motion to move forward with the project, per Solano County’s formal request to establish an interagency water service delivery agreement with Solano Irrigation District (SID) for the treatment, delivery, and sale of potable water for distribution to the MGVP. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried 6-1 with Councilmember Moy voting no. Staff will return to council with a resolution to formalize the agreement.

16. Economic Development Manager Dwayne Dalman recommended to Council that it approve Resolution 2022-30 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 J Stokes Agency to implement the Branding and Marketing Component of the Economic Development Strategic Plan.

Dan Stokes of J. Stokes Agency introduced himself and stated he was excited about the project and looked forward to working with the City.

Councilmember Tonnesen made a motion to approve Resolution 2022-30. Councilmember Timm seconded the motion. By a roll call vote, the motion carried

PUBLIC HEARINGS

Interim City Manager announced during his report that Item 17 would be continued to March 1, 2022.

17. Public Hearing; and First Reading and Introduction of Ordinance 2022-05 of the City Council of the City of Fairfield Amending Chapter 12B of the Fairfield Municipal Code Modifying the Hours of One Lake Park

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City Council Meeting Minutes February 15, 2022 Page 5
ADJOURNED MEETING AT 7:56 P.M. TO TUESDAY, MARCH 1, 2022, 6:00 P.M., COUNCIL CHAMBER.

____________________________
City Clerk

_________________________
Mayor

Packet Page 56 of 458Attachment 6 Page 5 of 5

Agenda Item No: 8.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Heart of Fairfield Resolution 202241 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 Harris & Associates, Inc. for the PG&E Substation Relocation Feasibility Study
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
As a part of the Heart of Fairfield (HOF) Specific Plan, there is a desire to relocate an existing substation owned by Pacific Gas and Electric Company (PG&E) to facilitate and encourage high density mixeduse housing downtown. A feasibility study is needed to identify the scope of work and anticipated costs associated with this relocation project. Approval of this resolution authorizes a professional services agreement (Agreement) with Harris & Associates, Inc. (H&A) to provide the technical expertise to determine the feasibility of relocation PG&E substation for a total nottoexceed amount of $110,473.

DISCUSSION
The VacaSuisun distribution substation, located at 625 Broadway Street, Fairfield, CA 94533, is owned by PG&E and supplies power to the City of Fairfield, Suisun City, and surrounding areas. There is a desire to relocate the existing substation and acquire PG&E’s land assets under and around the substation area, for the purpose of developing highdensity housing as part of the HOF Specific Plan.

The HOF Specific Plan seeks to revitalize areas within and around downtown Fairfield and West Texas Street area by the year 2040. The City’s focus on the SuisunFairfield Train Station TransitOriented Development (TOD) area will bring highdensity mixeduse housing within a quartermile radius of the Station.

City Staff have initiated discussions with PG&E. On August 11, 2020, PG&E provided a highlevel cost estimate for relocating the existing substation. To obtain a more accurate estimate for decisionmaking purposes, the City will need to submit a formal relocation application, which entails developing the scope of work for this project. Before submitting a formal relocation application, a feasibility study is required. If feasible, the City will explore opportunities to utilize grant funding from the State to relocate the substation.

Packet Page 57 of 458

The City applied for the Local Early Action Planning (LEAP) grant program funding, per Resolution 202098, and received formal authorization from the State of California in early January 2021. The focus of the LEAP program is to facilitate immediate new housing development. Out of the $500,000 in grant funding received, $200,000 is allocated towards the PG&E substation feasibility study to identify and mitigate potential barriers to housing development in the HOF.

The feasibility study requires professional a utility consulting engineer's professional and technical services due to the specialized nature of the work. LEAP grant funds can be utilized for consultant contracts and states that the city shall use its own procurement procedures. Pursuant to the City of Fairfield Administrative Policy, Chapter 400, professional services shall be a qualificationsbased selection determined by demonstrated competence. City staff recommends H&A for their technical knowledge and experience with Rule 20A utility undergrounding projects and deep understanding of electric utility procedures. H&A has provided similar services for public agencies in the Bay Area (Berkeley, Oakland, Santa Clara) and is well qualified for the project. Staff has reviewed and negotiated a scope of work for a nottoexceed amount of $110,473.

H&A’s scope of work includes:

Coordinate relocation criteria and site needs with PG&E Identify up to 6 sites for the substation relocation and analysis of:

Environmental constraints
Biological resources
Cultural resources
Current field conditions
Evaluate up to 3 preferred sites for substation relocation Develop project cost estimate
Prepare alternative sites inventory technical memorandum GIS constrain maps for each potential location
Prepare a feasibility study report by November 2022
Prepare an anticipated construction schedule
Staff is requesting a 10% management reserve to cover unforeseen scope revisions that could be required as H&A completes the feasibility study. Additionally, the management reserve allows H&A to address any potential comments and concerns raised from PG&E.

FINANCIAL IMPACT
Total authorization for this Agreement will be for the amount of $121,521 ($110,473 + 10% management reserve). The full amount of the cost will be reimbursed by the LEAP grant funds recorded in Special Revenue Fund (Fund 041, Division and Responsibility Code 99356).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the City Council has any questions, this request may be delayed so that staff may provide the necessary background information. The council could choose not to approve the proposed Agreement.

However, delaying the approval will postpone the feasibility study and the substation relocation process.

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 4287784
[email protected]
Packet Page 58 of 458

Agenda Item No: 8.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Heart of Fairfield Resolution 202241 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute a Professional Services Agreement Betweenthe City of Fairfield and Harris & Associates, Inc. for the PG&E Substation RelocationFeasibility StudyRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAs a part of the Heart of Fairfield (HOF) Specific Plan, there is a desire to relocate an existingsubstation owned by Pacific Gas and Electric Company (PG&E) to facilitate and encourage highdensity mixeduse housing downtown. A feasibility study is needed to identify the scope of work andanticipated costs associated with this relocation project. Approval of this resolution authorizes aprofessional services agreement (Agreement) with Harris & Associates, Inc. (H&A) to provide thetechnical expertise to determine the feasibility of relocation PG&E substation for a total nottoexceedamount of $110,473.DISCUSSIONThe VacaSuisun distribution substation, located at 625 Broadway Street, Fairfield, CA 94533, isowned by PG&E and supplies power to the City of Fairfield, Suisun City, and surrounding areas. Thereis a desire to relocate the existing substation and acquire PG&E’s land assets under and around thesubstation area, for the purpose of developing highdensity housing as part of the HOF Specific Plan.The HOF Specific Plan seeks to revitalize areas within and around downtown Fairfield and West TexasStreet area by the year 2040. The City’s focus on the SuisunFairfield Train Station TransitOrientedDevelopment (TOD) area will bring highdensity mixeduse housing within a quartermile radius of theStation. City Staff have initiated discussions with PG&E. On August 11, 2020, PG&E provided a highlevel costestimate for relocating the existing substation. To obtain a more accurate estimate for decisionmakingpurposes, the City will need to submit a formal relocation application, which entails developing thescope of work for this project. Before submitting a formal relocation application, a feasibility study isrequired. If feasible, the City will explore opportunities to utilize grant funding from the State to relocatethe substation.The City applied for the Local Early Action Planning (LEAP) grant program funding, per Resolution202098, and received formal authorization from the State of California in early January 2021. Thefocus of the LEAP program is to facilitate immediate new housing development. Out of the $500,000 ingrant funding received, $200,000 is allocated towards the PG&E substation feasibility study to identifyand mitigate potential barriers to housing development in the HOF. The feasibility study requires professional a utility consulting engineer's professional and technicalservices due to the specialized nature of the work. LEAP grant funds can be utilized for consultantcontracts and states that the city shall use its own procurement procedures. Pursuant to the City ofFairfield Administrative Policy, Chapter 400, professional services shall be a qualificationsbasedselection determined by demonstrated competence. City staff recommends H&A for their technicalknowledge and experience with Rule 20A utility undergrounding projects and deep understanding ofelectric utility procedures. H&A has provided similar services for public agencies in the Bay Area(Berkeley, Oakland, Santa Clara) and is well qualified for the project. Staff has reviewed and negotiateda scope of work for a nottoexceed amount of $110,473.H&A’s scope of work includes:Coordinate relocation criteria and site needs with PG&EIdentify up to 6 sites for the substation relocation and analysis of:Environmental constraintsBiological resourcesCultural resourcesCurrent field conditionsEvaluate up to 3 preferred sites for substation relocationDevelop project cost estimatePrepare alternative sites inventory technical memorandumGIS constrain maps for each potential locationPrepare a feasibility study report by November 2022Prepare an anticipated construction scheduleStaff is requesting a 10% management reserve to cover unforeseen scope revisions that could berequired as H&A completes the feasibility study. Additionally, the management reserve allows H&A toaddress any potential comments and concerns raised from PG&E.FINANCIAL IMPACTTotal authorization for this Agreement will be for the amount of $121,521 ($110,473 + 10% managementreserve). The full amount of the cost will be reimbursed by the LEAP grant funds recorded in SpecialRevenue Fund (Fund 041, Division and Responsibility Code 99356).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the City Council has any questions, this request may be delayed so that staff may provide thenecessary background information. The council could choose not to approve the proposed Agreement.However, delaying the approval will postpone the feasibility study and the substation relocation process.STAFF CONTACTDavid Vong, Senior Civil Engineer (707) 4287784
[email protected]
COORDINATED WITH
Community Development Department, Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/28/2022 8:36 PM
Kaushal, Paul Approved 2/28/2022 9:06 PM
Beavers, Esther Approved 3/2/2022 7:03 PM
Beavers, Esther Approved 3/2/2022 8:08 PM
Packet Page 59 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-41

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 HARRIS & ASSOCIATES, INC. FOR THE PG&E SUBSTATION RELOCATION FEASIBILITY STUDY

WHEREAS, outside professional and technical services are necessary to assist the City in conducting an electrical substation relocation feasibility study; and

WHEREAS, funding through the Local Early Action Planning (LEAP) grant program in the amount of $200,000 has been made available to the City of Fairfield to perform the feasibility study; and

WHEREAS, Harris & Associates, Inc. is qualified to provide professional services at a fair and reasonable price .

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement for Consultant Services with Harris & Associates, Inc., for the PG&E Substation Relocation Feasibility Study for an amount not-to-exceed one hundred ten thousand, four hundred seventy-three dollars ($110,473).

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed eleven thousand, forty-eight dollars ($11,048).

Section 3. The city manager is hereby authorized to implement the above-mentioned contract.

PASSED AND ADOPTED this 15th day of March 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 60 of 458Attachment 1 Page 1 of 1

CONSULTANT 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 Harris & Associates, Inc. ("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 31, 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:

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CITY Contact: David Vong, Senior Civil Engineer
E‐mail: [email protected]
Address: 1000 Webster Street, 3rd Floor
Fairfield, CA 94533
Telephone: (707)428‐7784
Notices must be given to CONSULTANT at the following:

Contact: Zaheer Shaikh
E‐mail: [email protected]
Address: 1401 Willow Pass Road, Suite 500
Concord, CA 94520
Telephone: 925-322-6582
EXECUTED as of the day first above‐stated.

CONSULTANT
By:

CITY OF FAIRFIELD, a municipal corporation
By:

David Gassaway, Interim City Manager
Print Name/Title
Approved as to Form
By:______________________________
David Lim, City Attorney
Director EngineeringZaheer Shaikh/
Packet Page 62 of 458Attachment 2 Page 2 of 15

1401 Willow Pass Road, Suite 500, Concord, CA 94520  (925) 827-4900  WeAreHarris.com January 10, 2022
Ryan Panganiban
Assistant Public Works Director/City Engineer
Public Works Department
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
PG&E SUBSTATION RELOCATION PROJECT –
FEASIBILITY STUDY – REVISED
Dear Ryan:

Harris & Associates (Harris) appreciates the opportunity to present our proposal for the feasibility study for the PG&E Substation Relocation project. The following outlines our proposed scope of services and estimated fee to conduct the feasibility study.

PROJECT UNDERSTANDING
The Vaca-Suisun distribution substation, located at 625 Broadway Street, Fairfield, CA 94533, is owned by Pacific Gas and Electric Company (PG&E) and supplies power to the City of Fairfield, Suisun City, and surrounding areas. The City of Fairfield (City) desires to relocate the existing substation and acquire PG&E’s land assets under and around the substation area for the purpose of developing high-density housing as part of the Heat of Fairfield Specific Plan (HOF), which seeks to revitalize areas within and around downtown Fairfield and West Texas Street area by 2040. The City’s focus on the Suisun-Fairfield Train Station Transit Oriented Development (“TOD”) area will bring high-density mixed-use housing within a quarter mile radius of the Station.

The City has already initiated discussions with PG&E and on August 11, 2020 obtained a high-level/feasibility estimate on relocating the existing substation. To obtain a more accurate estimate for decision making purposes, the City will need to submit a formal relocation application, which will entail developing the scope of work for this project. Before submitting a formal relocation application, a feasibility study will be warranted, as discussed with the City.

The scope of services to prepare the feasibility study includes:
Phase 0:
o Project Management and Meetings
Phase 1:
o Coordination with PG&E Relocation Criteria and Site Needs o Alternative Sites Inventory
Phase 2:
o Alternative Analysis of Preferred Sites
o Identification of Funding Sources
o Technical Support with Draft Agreement with PG&E and PG&E Execution of Agreement

EXHIBIT A
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PG&E Substation Relocation Project – Feasibility Study

Page 2 of 2 ends

Harris & Associates, Inc.  PG&E Substation Relocation Project – Feasibiilty Study 2 of 5

SCOPE OF SERVICES
Phase 0:

Task 1 – Project Management and Workshops: Harris shall provide project management and administration for proper planning, filing, execution, monitoring, quality control, and reporting of this project. Harris shall also prepare a brief monthly progress summary letter report for attachment to the monthly invoice to track status of budget expenditures (including showing percent completion for each task) and key work activities completed during that billing period.

Harris shall prepare for and attend the meeting and workshops detailed below. Additionally Harris shall prepare for and conduct a kickoff meeting with City staff and others to review purpose of the project, scope of work and project goals. An initial project schedule shall be developed and submitted to the City at the meeting. Harris shall prepare and deliver a more detailed schedule following the kickoff meeting.

Meetings and Workshops:
 Kickoff meeting (1 assumed)
 Meeting with PG&E (4 assumed)
 Alternative Sites Meeting (1 assumed)
 Alternative Sites Inventory Technical Memorandum (TM) Workshop (1 assumed)  Draft Feasibility Study Workshop (1 assumed)

Deliverables:
 Monthly progress summary letter with each invoice
 Meeting agenda, presentation handouts, meeting minutes, and decision log

Information Provided by City:
 Input at workshops and meetings

Phase 1:

Task 2 – Coordination with PG&E on Relocation Criteria and Site Needs: Harris shall coordinate with PG&E to develop and finalize the PG&E substation relocation criteria and site needs to determine the feasibility of this project. This will include developing a preliminary construction schedule to give the City an anticipated timeline for PG&E to substantially complete the project for planning purposes and resource allocation. The schedule will be further refined during Task 4. An allowance of 40 hours is assumed for this task. The actual level of effort may be higher or lower depending on the analysis effort to develop the substation relocation criteria and site needs.

Meetings and Workshops:
 See meetings and workshops under Task 1.
 For all meetings with PG&E, a City representative will be present.

Deliverables:
 Meeting agenda, presentation handouts, meeting minutes, and decision log.

Information Provided by City:
 City’s PG&E contact information
Assumptions:
 City will provide access to publicly available planning and environmental data.

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PG&E Substation Relocation Project – Feasibility Study

Page 2 of 3 ends

Harris & Associates, Inc.  PG&E Substation Relocation Project – Feasibiilty Study 3 of 5  City will provide all potential parcel ownership, site, underground, overhead and other utility restrictions and limitations.

Task 3 – Alternative Sites Inventory:

Initial Screening
Based on the substation relocation criteria and site needs (PG&E criteria) identified in Task 2, and additional City input, the Harris environmental team, with technical input from other team members, will conduct an initial screening utilizing GIS datasets to identify up to six (6) potential sites for the substation relocation. The Harris GIS team will download and review GIS datasets to compile a comprehensive list of potential parcel locations based on parcel ownership, zoning and appropriate size. All GIS data will be compared to the most up-to-date aerial imagery to confirm the information matches current conditions. Once the list of potential relocation sites is developed, Harris will meet with the City to finalize the list and obtain approval to proceed with further analysis of the potential relocation sites.

Data Collection and Research
After the initial list of potential relocation sites is compiled, each site will be reviewed and analyzed for potential environmental constraints. For biological resources, Harris will review the California Natural Diversity Database (DNBBD) for the location of rare plants and animals, as well as applicable habitat conservation plans. A list of potential impacts to sensitive specific habitat and aquatic resources will be identified for each alternative site, along with resource agency permitting requirements.

For cultural resources, Harris will review the City’s historic resources register. Harris will also request a record search from the Northwest Information Center at Sonoma State University to identify known historic or archaeological resources within or adjacent to the alternative sites.

Harris will also review the City’s General Plan, Heart of Fairfield Specific Plan, Train Station Specific Plan, Zoning Ordinance, and other publicly available planning documents for environmental information pertaining to the alternative sites. If available, background study information from the City’s General Plan Update (Fairfield Forward 2050) will be reviewed. This task includes coordination with the City to identify and obtain publicly available documents.

Site Visits
Harris staff will conduct a biological and cultural resources site visit to perform in-person verifications of potential constraints and issues. Harris will utilize information acquired from GIS and other maps to compare live conditions of each alternative site, relocate resources identified during the data collection and research task, and check for any obvious unknown or abandoned structures or utilities.

Alternative Sites Inventory Technical Memorandum (TM)
The Harris team will compile the results of the above-listed tasks in an Alternative Site Inventory Technical Memorandum, which will select 2-3 preferred sites out of the list of the six potential relocation sites, based solely on non-economic factors, to be further evaluated. The TM will include the preparation of a matrix identifying the benefits/limitations and key non- economic constraints (environmental, etc.) for each site alternative. Harris will also prepare GIS constraints maps for each of the identified potential relocation sites.

Meetings and Workshops:
 See meetings and workshops under Task 1.

Deliverables:
 Alternative Sites Inventory TM.

Information Provided by City:
 Access to publicly available planning and environmental documentation/data.  City input on the list of preliminary relocation sites and Alternative Site Inventory TM.

Packet Page 65 of 458Attachment 2 Page 5 of 15

PG&E Substation Relocation Project – Feasibility Study

Page 2 of 4 ends

Harris & Associates, Inc.  PG&E Substation Relocation Project – Feasibiilty Study 4 of 5 Phase 2:

Task 4 – Alternative Analysis of Preferred Sites: The Harris Team will evaluate the 2-3 preferred sites on both non- economic and economic factors to select the final site for substation relocation.

Develop Project Cost Estimates
Cost Estimates will be developed in collaboration with PG&E considering the total overall project cost including mitigation, risk, and potential relocation of any gas facilities, etc. The Harris environmental team will provide estimated costs related to the environmental constraints of each alternative site, including CEQA compliance documents, environmental technical studies, coordination with resource agencies, environmental mitigation requirements and permitting costs.

Preparation of Final Feasibility Report
To document the overall analysis for determining the feasibility of relocating the subject substation for City record, Harris will prepare a final feasibility report, which will include a summary of the preceding tasks, and alternative analysis of preferred sites with the final recommendation. In addition, the preliminary construction schedule from Task 2 will be further refined as the proposed final project site and scope are finalized. A Section on Task 5 will be included in the Final Feasibility Report.

Meetings and Workshops:
 See meetings and workshops under Task 1.

Deliverables:
 Draft/Final Feasibility Report.
 Draft/Final Report Construction Schedule

Information Provided by City:
 City input on Draft/Final Feasibility Report.

Task 5 – Identification of Funding Sources:

Identify Funding Sources: Based on the City’s concepts for the site, Harris will identify up to 10 potential federal, state, and regional/local funding sources that may support the redevelopment of the former site of the relocated substation, including the cost of the substation relocation.

Funding Source Evaluation: With feedback from the City, Harris will evaluate up to 10 potential funding sources that might fund the redevelopment of the site and relocation of the substation for the initial alternative sites for substation relocation identified in Task 3. The evaluation will include the schedule and high-level eligibility requirements of each funding source, as well as an initial ranking of the opportunities best suited for the project.

Project Development/Scoping: With input from the engineering/consultant team, assess grant readiness by reviewing the City’s redevelopment concepts and the funding source eligibility requirements to identify tasks that will best position the project (final selected site) for grant applications (housing affordability levels, compliance, required design threshold, permitting requirements, documentation, community engagement, etc.) Meetings and Workshops:
 See meetings and workshops under Task 1.

Deliverables:
 List of Potential Funding Sources
 Matrix of Potential Grant Programs with summaries of requirements and schedule.  Task list of activities for City/Consultant to further develop the project in order to prepare the project to be grant ready.

Information Provided by City:
 City input on concepts for the site.

Packet Page 66 of 458Attachment 2 Page 6 of 15

PG&E Substation Relocation Project – Feasibility Study

Page 2 of 5 ends

Harris & Associates, Inc.  PG&E Substation Relocation Project – Feasibiilty Study 5 of 5  City input on funding source evaluation.

Task 6 – Technical Support with Draft Agreement with PG&E and PG&E Execution of Agreement: Harris will assist the City with preparing the Draft Agreement for the Substation Relocation with PG&E and will provide technical input when requested by the City/PG&E to finalize the agreement. An allowance of 40 hours is assumed for this task. The actual level of effort may be higher or lower depending on the project-specific agreement requirements.

Meetings and Workshops:
 See meetings and workshops under Task 1.

Deliverables:
 None.

Information Provided by City:
 City input on Draft Agreement with PG&E.

PROPOSED FEES
The proposed fee estimate provided for each task in the attached fee breakdown is our estimated level of effort based on the scope provided above and discussion with City. Fees will be invoiced monthly based on the percentage of work completed.

We can discuss the schedule of this work once we are approved to proceed.

We look forward to working with you and the City on this important project and thank you so much for the opportunity.

Please feel free to call me directly should you have any questions.

Sincerely,
Harris & Associates, Inc.

Luella Gabriel Zaheer Shaikh, P.E., PMP
Project Manager/Senior Project Engineer Director, Engineering Services (925) 969-8140  [email protected] (925) 322-6582  [email protected]

Attachments:

Attachment A – Fee Estimate
Attachment B – Preliminary Schedule

Packet Page 67 of 458Attachment 2 Page 7 of 15

Grant
Project
Director
Project
Manager
Project
Engineer
Technical
Advisor QA/QC Grant
Analyst
GIS
Technician
ENV
Analyst/
Biologist
Sr. Biologist Archaeologist
Hourly Rate (Rounded)$284.00 $196.00 $185.00 $250.00 $260.00 $135.00 $145.00 $130.00 $182.00 $182.00 Task/Subtask
Task 1 Project Management and Meetings (Total 8 Meetings)8 30 20 16 6 3 6 6 6 3 104 $21,105 Subtotal Hours for Phase 0 =8 30 20 16 6 3 6 6 6 3
Subtotal ($) for Phase 0 =$2,272 $5,880 $3,700 $4,000 $1,560 $405 $870 $780 $1,092 $546 $21,105
Task 2 Coordination with PG&E on Relocation Criteria and Site Needs 10 18 10 2 40 $8,310 Task 3 Alternative Sites Inventory 18 30 10 12 60 60 30 40 260 $43,938 Subtotal Hours for Phase 1 =28 48 20 14 60 60 30 40
Subtotal ($) for Phase 1 =$5,488 $8,880 $5,000 $3,640 $8,700 $7,800 $5,460 $7,280 $52,248
Task 4 Alternative Sites Analysis 2 20 40 16 16 10 8 6 8 126 $25,086 Task 5 Identification of Funding Sources 3 20 23 $3,480 Task 6 Technical Supuport With Draft Agreement with PG&E and PG&E Execution of Agreement 4 8 18 8 2 40 $8,554
Subtotal Hours for Phase II =6 28 58 24 21 20 10 8 6 8
Subtotal ($) for Phase II =$1,704 $5,488 $10,730 $6,000 $5,460 $2,700 $1,450 $1,040 $1,092 $1,456 $37,120
Total Hours by Classification = 14 86 126 60 41 23 76 74 42 51 593 Total ($) by Classification = 3,976 16,856 23,310 15,000 10,660 3,105 11,020 9,620 7,644 9,282 $110,473 Percentage of Time Allocated (by hours) = 2% 15% 21% 10% 7% 4% 13% 12% 7%9% Direct Expenses =$0
Total ($) =
Total Harris $110,473
Total Subs $0
Sub Markup
(10%)$0
Total =$110,473
ASSUMPTIONS UPON WHICH COST PROPOSAL IS BASED:

8. An allowance of 40 hours (each) is assumed for Tasks 2 and 6 (80 hours total). The actual level of effort may be higher or lower.

City of Fairfield
PG&E Substation Relocation - Feasibility Study

ATTACHMENT A - FEE ESTIMATE
$0
$110,473

TOTAL FEE
PHASE 0 SUBTOTAL:

PHASE I SUBTOTAL:

PHASE II SUBTOTAL:

4. City will provide access to publicly avaiable planning and environmental data. $52,248
Environmental
104
$21,105
300
Technical Support & Project Management Subtotals

PHASE I

PHASE II
189
$37,120
PHASE 0

1. Hours for individual tasks are an estimate; the total hours for the project takes precedence.

3. The number of budgeted meetings is indicated on the spreadsheet.

2. Hours and fee may be renegotiated if the project is delayed by factors beyond Harris' control.

5. City will provide all potential parcel ownership, site, underground, overhead and other uitlity restrictions and limitations.

6. City will ensure the Harris team has acces to all sites for site visits to prevent delays in results.

7. Up to ten (10) potential funding sources will be evaluated.

Packet Page 68 of 458Attachment 2 Page 8 of 15

ID Task Name Duration Start Finish
1 PG&E Substation Relocation Feasibility Study 150 days Tue 3/22/22 Mon 10/17/22 2 Notice to Proceed 1 day Tue 3/22/22 Tue 3/22/22
3 Phase 0:129 days Tue 3/22/22 Fri 9/16/22
4 Project Management and Meetings 129 days Tue 3/22/22 Fri 9/16/22 5 Kickoff Meeting 1 day Wed 3/23/22 Wed 3/23/22
6 Phase 1:61 days Thu 3/24/22 Thu 6/16/22
7 Coordination with PG&E on Relocation
Criteria and Site Needs
2 wks Thu 3/24/22 Wed 4/6/22
8 Alternative Sites Inventory 51 days Thu 4/7/22 Thu 6/16/22 9 Intial Screening 2 wks Thu 4/7/22 Wed 4/20/22
10 Data Collection and Research (including Site
Visits)
3 wks Thu 4/21/22 Wed 5/11/22
11 Draft Alternative Sites Inventory TM 3 wks Thu 5/12/22 Wed 6/1/22 12 Draft Alternative Sites Inventory TM
Workshop
1 day Thu 6/2/22 Thu 6/2/22
13 City Comments 1 wk Fri 6/3/22 Thu 6/9/22
14 Final Alternative Sites TM 1 wk Fri 6/10/22 Thu 6/16/22 15 Phase 2:87 days Fri 6/17/22 Mon 10/17/22
16 Alternative Analysis of Preferred Sites 46 days Fri 6/17/22 Fri 8/19/22 17 Draft Feasibility Report 4 wks Fri 6/17/22 Thu 7/14/22 18 Draft Feasibility Report Workshop 1 day Fri 7/15/22 Fri 7/15/22 19 City Comments 2 wks Mon 7/18/22 Fri 7/29/22
20 Final Feasibility Study 3 wks Mon 8/1/22 Fri 8/19/22 21 Identification of Funding Sources 46 days Fri 6/17/22 Fri 8/19/22 22 Funding Source Evaluation 2 wks Fri 6/17/22 Thu 6/30/22 23 City Comments 1 wk Fri 7/1/22 Thu 7/7/22
24 Project Development/Scoping 2 wks Mon 8/1/22 Fri 8/12/22 25 City Comments 1 wk Mon 8/15/22 Fri 8/19/22
26 City Approval of Project 1 day Mon 10/3/22 Mon 10/3/22 27 Technical Support with Draft Agreement with
PG&E and PG&E Excecution of Agreeement
2 wks Tue 10/4/22 Mon 10/17/22
Notice to Proceed
Phase 0:

Phase 1:

Phase 2:

Draft Feasibility Report Workshop
City Approval of Project
27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22

ATTACHMENT B - PG&E SUBSTATION RELOCATION FEASIBILITY STUDY PRELIMINARY SCHEDULE Harris & Associates, Inc. ■ PG&E Substation Relocation Feasiblity Study Packet Page 69 of 458Attachment 2 Page 9 of 15

EXHIBIT “B”

PAYMENT

1) The cost for services rendered by CONSULTANT under this Agreement shall be based on CONSULTANT’s current hourly rates, attached with Exhibit “A,” through December 31, 2023. Billings shall include the numbers of hours expended by each of the CONSULTANT’s employees, plus reimbursables such as potage, delivery, reproduction, etc. Reimbursables shall be itemized on the billings. Total payment for consulting services shall not exceed $110,473.

2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices.

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 70 of 458Attachment 2 Page 10 of 15

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 Preliminary Schedule as described in Attachment B.

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 71 of 458Attachment 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.

CONSULTANT may terminate or cancel this Agreement for cause if the CITY fails to cure a material default in performance within a period of 30 days, or such longer period as CONSULTANT may allow, (“Cure Time”) after receipt from CONSULTANT of a written termination or cancellation notice specifying the default in performance and providing notice of Cure Time. In the event of termination or cancellation for cause by CONSULTANT, the CITY will pay CONSULTANT for all services performed up to and including the effective date of termination or cancellation.

9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY. Any modifications made by the CITY or any agents of the CITY, to any of the CONSULTANT’s products or any partial use or reuse of the products without the express written consent of the CONSULTANT will be at the CITY’s sole risk and without liability arising from such modifications to the CONSULTANT.

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 pertaining to, or relating to 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.

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 Packet Page 72 of 458Attachment 2 Page 12 of 15

determined to be applicable to any such damages or claims for damages.

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.

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.

Packet Page 73 of 458Attachment 2 Page 13 of 15

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 claim.

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:
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 x

Packet Page 74 of 458Attachment 2 Page 14 of 15

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 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 first-class mail 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.

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: certificates‐[email protected].

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.

Packet Page 75 of 458Attachment 2 Page 15 of 15

Agenda Item No: 9.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202242 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Brio Studios) to Community Facilities District No. 20122 and to Authorize the Levy of Special Taxes Therein for Annexation No. 56 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adopting the attached resolution will begin the proceedings for annexing a specific property, known as Brio Studios, into Community Facilities District 20122 (CFD 20122). CFD 20122 was established as an annexable district to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

DISCUSSION
By Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos community facilities district, with the intention that future development within Fairfield would annex this district. The special taxes collected from the property owners within this district are used to fund public safety services, open space operation, and park maintenance.

The property proposed for annexation is owned by Gurpreet S. Dhugga and is located south of Putah South Canal and west of North Texas Street within the boundaries of the assessor’s parcel number 0167130060, as depicted on Exhibit A. The development on the property will be a threestory mixed use building containing 15 apartments and two office suites. Development of this property will change the property’s characteristics and how the property will be used, thereby creating a need for more services funded by CFD 20122.

The City contracts with Willdan Financial Services to prepare the necessary resolutions and balloting procedures for the annexation process. This process is a specialty service that the City has contracted out since 1995, on an individual consultant services basis for each development requiring annexation into a MelloRoos community facilities district.

Adopting the Resolution of Intention is the first step to annexing this property to CFD 20122. This Packet Page 76 of 458

Agenda Item No: 9.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202242 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Brio Studios) to Community Facilities District No. 20122 and toAuthorize the Levy of Special Taxes Therein for Annexation No. 56RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdopting the attached resolution will begin the proceedings for annexing a specific property, known asBrio Studios, into Community Facilities District 20122 (CFD 20122). CFD 20122 was established asan annexable district to offset the increased cost for public safety services, open space operation, andpark maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within Fairfield would annex this district. Thespecial taxes collected from the property owners within this district are used to fund public safetyservices, open space operation, and park maintenance.The property proposed for annexation is owned by Gurpreet S. Dhugga and is located south of PutahSouth Canal and west of North Texas Street within the boundaries of the assessor’s parcel number0167130060, as depicted on Exhibit A. The development on the property will be a threestory mixeduse building containing 15 apartments and two office suites. Development of this property will changethe property’s characteristics and how the property will be used, thereby creating a need for moreservices funded by CFD 20122.The City contracts with Willdan Financial Services to prepare the necessary resolutions and ballotingprocedures for the annexation process. This process is a specialty service that the City has contractedout since 1995, on an individual consultant services basis for each development requiring annexationinto a MelloRoos community facilities district.

Adopting the Resolution of Intention is the first step to annexing this property to CFD 20122. This resolution will be the 56th annexation to the district. This resolution also establishes April 19, 2022, as the public hearing date for the final consideration of the annexation of the property to CFD 20122.

Once the annexation is complete, the property owners will be required to pay annual special taxes for the property, beginning in fiscal year (FY) 20222023, as itemized on their property tax bill following the rate outlined in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment were established as part of the formation of the district and fixed FY 20122013 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the current special tax rate for the district.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $10,165, based on the FY 20222023 maximum special tax rate for a mixeduse property, including high density residential and office space. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The developer funds the process for the annexation, and no general fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Suppose the council has any questions concerning the required annexation of this development. In that case, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled, and the development process would cease.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Boundary Map
Attachment 3: Exhibit B Rate and Method of Apportionment of Special Tax Attachment 4: Exhibit C Maximum Special Tax Rate
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/28/2022 8:38 PM
Kaushal, Paul Approved 2/28/2022 9:09 PM
Beavers, Esther Approved 3/1/2022 5:03 PM
Beavers, Esther Approved 3/2/2022 8:11 PM
Packet Page 77 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-42

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (BRIO STUDIOS) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 56

WHEREAS, this City Council has conducted proceedings to establish Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and

WHEREAS, under the Act, this council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.

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

Section 1. This council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

Section 2. The name of the existing CFD is “Community Facilities District No. 2012 -2 (Public Safety Services, Open Space Operation, and Park Maintenance)”.

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 24 of Maps of Assessment and Community Facilities Districts on pages 87-100 in the Solano County Recorder’s Office, State of California, to which map reference is hereby made, as well as the maps for Annexations 1 through 40 filed in Book 25 of Maps of Assessment and Community Facilities Districts at pages 8, 12, 14, 19, 20, 31, 33, 34, 35, 38, 44, 45, 51, 53, 54, 57, 58, 59, 65, 64, 66, 68, 72, 73, 76, 77, 78, 79, 80, 81, 83, 84, 89, 90, 93, 94, 95, 96, 97 and 99 and the maps for Annexations 41 through 55 filed in Book 26 of Maps of Assessment and Community Facilities Districts at pages 2, 4, 5, 6, 7, 13, 14, 15, 18, 24, 25, 26, 34 and 35 which have been filed with the Solano County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 56 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 56 to the CFD, showing the territory to be annexed, in the Solano County Recorder’s Office within 15 days of the date of adoption of this resolution.

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RES. NO. 2022-42

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Section 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (Services) described in Exhibit A to Resolution No. 2012-233 adopted by the council on November 20, 2012, (Resolution of Formation). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.

Section 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, and the maximum special tax rate for the 2022-2023 fiscal year is described in Exhibit C. Both Exhibits are hereby incorporated by this reference.

Section 6. Notice is given that on April 19, 2022, at 6:00 p.m., in the regular meeting place of this council, being the Council Chamber, located at 1000 Webster Street, Fairfield, California, the council, as the legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

Section 7. The city clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of the said notice shall be completed at least seven days before the date herein set for said hearing.

The said notice shall be substantially in the form specified in Section 53339.4 of the Act.

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RES. NO. 2022-42

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PASSED AND ADOPTED 15th day of March 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 80 of 458Attachment 1 Page 3 of 3

ANNEXATION MAP NO. 56 (BRIO STUDIOS)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)

CITY OF FAIR FIELDCOUNTY OF SOLANOSTATE OF CALIFOR NIA
.

Site
Vicinity Ma p
H i l b o r n R dDicksonHillRd
North Te xa s StLyonRdHil
bor
nRdC em e nt Hi ll RdDove r AvW80E80Site
FILED IN THE OFFICE OF THE CITY CLER K THIS _ _ _ _ _ _ _ _ _ _ _ DAYOF_ _ _ _ _ _ _ _ _ _ , 20_ _ _ _ .

I HER EBY CER TIFY THAT THE WITHIN MAP SHOWING PR OPOSEDBOUNDAR IES OF ANNEXATION MAP NO. 56 (BR IO STUDIOS) OFCOMMUNITY FACILITIES DISTR ICT NO. 2012-2 (PUBLIC SAFETYSER VICES, OPEN SPACE OPER ATION, AND PAR K MAINTENANCE),CITY OF FAIR FIELD, COUNTY OF SOLANO, STATE OF CALIFOR NIA,WAS APPR OVED BY THE CITY COUNCIL OF THE CITY OF FAIR FIELDAT A R EGULAR MEETING, THER EOF, HELD ON THE _ _ _ _ _ _ _ _ _ _ _ _ DAYOF _ _ _ _ _ _ _ _ _ _ _ _ , 20_ _ _ , BY ITS R ESOLUTION NO._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _CITY CLER KCITY OF FAIR FIELD FILED THIS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DAY OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 20_ _ _ , ATTHE HOUR OF _ _ _ _ _ _ _ _ _ _ _ _ 0’CLOCK _ _ _ _ _ _ _ _ _ ,M. IN BOOK_ _ _ _ _ _ _ _ _ _ PAGE(S) _ _ _ _ _ _ _ _ _ _ _ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTR ICT AND INSTR UMENT NO._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ IN THE OFFICE OF THE COUNTY R ECOR DER INTHE COUNTY OF SOLANO, STATE OF CALIFOR NIA.

MAR C C. TONNESEN, ASSESSOR /R ECOR DER
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _BY DEPUTYCOUNTY R ECOR DERCOUNTY OF SOLANOSTATE OF CALIFOR NIA R EFER ENCE IS MADE TO THAT BOUNDAR Y OF COMMUNITYFACILITIES DISTR ICT NO. 2012-2 (PUBLIC SAFETY SER VICES, OPENSPACE OPER ATION, AND PAR K MAINTENANCE) OF THE CITY OFFAIR FIELD R ECOR DED WITH THE SOLANO COUNTY R ECOR DER ’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTR ICT ON PAGES 87-100.

THE LINES AND DIMENSIONS OF EACH LOT OR PAR CEL SHOWN ONTHIS DIAGR AM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR ’S MAPS FOR THOSEPAR CELS LISTED.

THE SOLANO COUNTY ASSESSOR ’S MAP SHALL GOVER N FOR ALLDETAIL CONCER NING THE LINES AND DIMENSIONS OF SUCH LOTSOR PAR CELS.

SHEET 1 OF 1
Legend
Anne xa tion No. 56
Ma p R e fe re nce Num be r1
1INTERSTATE I-80N. TEXAS ST

PUTAH SOUTH
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A
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MAP REFERENCE NUMBER ASSESSOR'S PARCEL NUMBER10167-130-060 Exhibit A
Packet Page 81 of 458Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax of City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2012-13 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of an Assessor’s Parcel, expressed in acres, as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the Country Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries and benefits of City employees whose duties are directly related to administration of the CFD and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the CFD as determined by the City.

“Affordable Residential” or “Affordable Unit(s)” means for each Fiscal Year, any Dwelling Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost, as defined by Health and Safety Code Section 50052.5, or an affordable rent, as defined in Health and Safety Code Section 50053, to lower income households as defined in Health and Safety Code Section 50079.5. Affordable Units will require annual application to the City for verification of their affordable housing status on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. Any Unit not verified and approved by the City as an Affordable Unit shall be classified as Taxable Property for the Fiscal Year in which the Special Tax is being levied. The City will have the authority to approve and establish policies regarding Affordable Units and their status.

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Exhibit B

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“Annual Escalation Factor” means the annual percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-San Jose area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.

“Assessor's Parcel” means a parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.

“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.

“Certificate of Occupancy” means a certificate issued by the City that authorizes the actual occupancy of a Dwelling Unit for habitation by one or more residents or the occupancy of a Non- residential structure.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

“Commercial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non- residential use located in a commercial zoning district as described in Section 25.22 of the Zoning Packet Page 83 of 458Attachment 3 Page 2 of 10

Exhibit B

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Ordinance and all other property considered commercial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

“Density” means for each Assessor’s Parcel of Taxable Property the number of Dwelling Units per Acre determined pursuant to City’s Zoning Ordinance, or applicable Specific Plan, or a project- specific approval, whichever reflects the most accurate number of Dwelling Units planned for the project.

“Developed Property” means an Assessor’s Parcel within the CFD for which a Certificate of Occupancy was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units, the amount of Commercial or Office building floor area, and/or the amount of Industrial lot area included in each Certificate of Occupancy for that Assessor’s Parcel.

“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non- residential use only.

“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Affordable Units, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Undeveloped Property and (vi) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.

“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.

“Final Subdivision Map” means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 6610 et seq.), or recordation of a condominium plan pursuant to California Civil Code Section 1352, that creates individual lots for which building Packet Page 84 of 458Attachment 3 Page 3 of 10

Exhibit B

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permits may be issued without further subdivision and is recorded prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“High Density Residential Housing” means all Assessor’s Parcels of Developed Property for which a building permit has been issued as of April 1st preceding the Fiscal Year in which the Special Tax is being levied for a residential structure consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

“Industrial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial zoning district, as described in Section 25.24 of the Zoning Ordinance, which is not an office or financial institution and all other property considered industrial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Mixed-Use Property” means an Assessor’s Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for non-residential use.

“Multi-Family Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units, intended for development of less than 18 Dwelling Units per Acre, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

Packet Page 85 of 458Attachment 3 Page 4 of 10

Exhibit B

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“Office Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for an office or financial institution in an industrial zoning district, as described in Section 25.4 of the Zoning Ordinance. Office property includes all office and financial institutions, as described in Table 25- 11 of the Zoning Ordinance and all other property considered office as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Open Space” means any lands and interest in lands of a term of not less than five years, including easements, rights-of-way, and other interests, deemed appropriate for the use as public open space in, around, or adjacent to the City of Fairfield.

“Open Space Operation” means the estimated and reasonable costs of operating public open space lands including maintenance of improvements, fire control measures, educational programs and park ranger services. The costs for these activities include but not limited to (i) the costs of contracting for open space operation services, (ii) the salaries and benefits of City staff, including staff, that directly provide open space operation services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Open Space Operation Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Open Space Operation applicable to the CFD for such Fiscal Year.

“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

“Park Maintenance” means the estimated and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Park Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Park Maintenance applicable to the CFD for such Fiscal Year.

Packet Page 86 of 458Attachment 3 Page 5 of 10

Exhibit B

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“Property Owner Association Property” means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

“Proportionately” means for Developed Property, the ratio of the actual Special Tax levied per Unit to the Maximum Special Tax per Unit for Developed Property is equal for all Assessor’s Parcels of Developed Property.

“Public Property” means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the CFD Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Public Property does not include property for which a public agency is a landowner within the meaning of Section 53317(f) of the Act.

“Public Safety Services” means the estimated and reasonable costs of providing police services, fire protection and suppression services, and paramedic services including but not limited to (i) the costs of contracting for police, fire, and paramedic services, (ii) the salaries and benefits of City staff, if the City directly provides police services, fire protection and suppression services, and/or paramedic services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Public Safety Services Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Public Safety Services applicable to the CFD for such Fiscal Year.

“Reserve Fund for Maintenance” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.

“Single-Family Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family Dwelling Unit, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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Exhibit B

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“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement and shall include Special Taxes levied or to be levied under Sections “C” and “D”, below.

“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to pay for:
(i) the Public Safety Services Requirement; (ii) the Open Space Operation Requirement; (iii) the Park Maintenance Requirement; (iv) reasonable Administrative Expenses; (v) any amounts required to establish or replenish a reserve fund that will not exceed 50% of the Special Tax requirement for that Fiscal Year; (vi) any amounts required to establish or replenish the Reserve Fund for Maintenance to the Reserve Fund for Maintenance Requirement; and (vii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.

“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Certificate of Occupancy has not been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the CFD Administrator.

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, commencing with Fiscal Year 2012-13, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2012-2013, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property or Undeveloped Property. Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, High Density Residential, Mixed-Use Property, Commercial Property, Office Property, or Industrial Property.

Packet Page 88 of 458Attachment 3 Page 7 of 10

Exhibit B

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C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $736.77 per Dwelling Unit
2 Multi-Family Residential $503.28 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $489.68 per Dwelling Unit
5 Commercial $0.21 per gross square foot of
building floor area
6 Office $0.07 per gross square foot of
building floor area
7 Industrial $0.02 per net square foot of lot area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.

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Exhibit B

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2012-13, and for each subsequent Fiscal Year, the CFD Administrator shall calculate the Special Tax Requirement based on the definitions in Section “A” and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:

The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Single- Family Residential, Multi-Family Residential, Mixed-Use Property, High Density Residential, Commercial, Office or Industrial Property.

E. APPEALS

Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Engineer who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons.

F. MANNER OF COLLECTION

Special Taxes levied pursuant to Section “D” above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

Packet Page 90 of 458Attachment 3 Page 9 of 10

Exhibit B

Page 10 ends

G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Packet Page 91 of 458Attachment 3 Page 10 of 10

EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2022-2023

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $994.70 per Dwelling Unit
2 Multi-Family Residential $679.47 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $661.11 per Dwelling Unit
5 Commercial $0.283 per gross square foot of
building floor area
6 Office $0.094 per gross square foot of
building floor area
7 Industrial $0.027 per net square foot of lot
area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor as defined in the Rate and Method of Apportionment.

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA).

Packet Page 92 of 458Attachment 4 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202243 of the City Council of the City of Fairfield Authorizing Submission of a Grant Application to the Federal Transit Administration (FTA) Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield desires to purchase and replace up to five paratransit vehicles. Grant funding, through the Federal Transit Administration (FTA) Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities program (Program), is available through the California Department of Transportation (Caltrans). This resolution authorizes the city manager, or his designee, to execute and submit grant documents to Caltrans for a requested total of $400,000 in FTA Section 5310 funds.

DISCUSSION
In March of 2021, Caltrans announced the release of $3.2 million in available FTA funding for small urban and rural areas under FTA’s Section 5310 Program. This Program provides capital, mobility management, and operating assistance grants for projects that meet the transportation needs of seniors and individuals with disabilities. Applications for the 2022 Call for Projects were released on January 3, 2022.

FTA 5310 Program’s goal is to improve the mobility of seniors and individuals with disabilities by removing barriers to transportation services and expanding the transportation mobility options available. The City will use Section 5310 grant funding to purchase and replace five cutaway paratransit vehicles.

This funding will help replace aging paratransit vehicles approaching the end of their useful life. The City requests $400,000 from the FTA 5310 program for 2022 Call for Project, the maximum allowed per agency for small urban areas. For this cycle of 5310 funding, projects are 100% federally funded, and no local match is required.

FINANCIAL IMPACT
Packet Page 93 of 458

Agenda Item No: 10.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202243 of the City Council of the City of Fairfield Authorizing Submission ofa Grant Application to the Federal Transit Administration (FTA) Section 5310 EnhancedMobility of Seniors and Individuals with Disabilities ProgramRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield desires to purchase and replace up to five paratransit vehicles. Grant funding,through the Federal Transit Administration (FTA) Section 5310 Enhanced Mobility of Seniors andIndividuals with Disabilities program (Program), is available through the California Department ofTransportation (Caltrans). This resolution authorizes the city manager, or his designee, to execute andsubmit grant documents to Caltrans for a requested total of $400,000 in FTA Section 5310 funds.DISCUSSIONIn March of 2021, Caltrans announced the release of $3.2 million in available FTA funding for smallurban and rural areas under FTA’s Section 5310 Program. This Program provides capital, mobilitymanagement, and operating assistance grants for projects that meet the transportation needs ofseniors and individuals with disabilities. Applications for the 2022 Call for Projects were released onJanuary 3, 2022.FTA 5310 Program’s goal is to improve the mobility of seniors and individuals with disabilities byremoving barriers to transportation services and expanding the transportation mobility optionsavailable. The City will use Section 5310 grant funding to purchase and replace five cutawayparatransit vehicles.This funding will help replace aging paratransit vehicles approaching the end of their useful life. The Cityrequests $400,000 from the FTA 5310 program for 2022 Call for Project, the maximum allowed peragency for small urban areas. For this cycle of 5310 funding, projects are 100% federally funded, andno local match is required.

FINANCIAL IMPACT
Fairfield and Suisun Transit (FAST) is applying for $400,000 towards purchasing up to five paratransit vehicles. Because this is a competitive discretionary grant program, the application award is subject to FTA approval. If awarded, the FTA will provide up to 100% funding with no local match required.

All operating and capital expenses for FAST are supported with state and federal transportation grant funds. No financial resources from the City’s General Fund are used for FAST expenses.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council could choose against approving the submission of this grant application.

STAFF CONTACT
April Cobb, Transportation Technician I
(707) 4343809
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 2/28/2022 6:43 PM
Kaushal, Paul Approved 2/28/2022 6:45 PM
Beavers, Esther Approved 3/2/2022 8:15 PM
Beavers, Esther Approved 3/2/2022 8:17 PM
Packet Page 94 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-43

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5310

ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAM

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital and operations projects for non-urbanized public transportation systems under Section 5310 of the Federal Transit Act (FTA C 9070.1G); and

WHEREAS, the California Department of Transportation (Caltrans) has been designated by the Governor of the State of California to administer Section 5310 grants transportation projects for seniors and individuals with disabilities; and

WHEREAS, the City of Fairfield operates public transit service for seniors and individuals with disabilities through Fairfield and Suisun Transit (FAST), which is a division of the City’s Public Works Department; and

WHEREAS, the City desires to apply for said financial assistance to purchase and replace up to five paratransit cut-away vehicles; and

WHEREAS, the City of Fairfield has, to the maximum extent feasible, coordinated wi th other transportation providers and users in the region (including social service agencies).

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

Section 1. The city manager, or his designee, is hereby authorized to file and execute applications on behalf of the City of Fairfield with Caltrans to aid in financing capital and operational projects pursuant to Section 5310 of the Federal Transit Act (FTA C 9070.1G), as amended.

Section 2. The city manager, or his designee, is hereby authorized to execute and file all certification of assurances, contracts or agreements, or any other document required by Caltrans.

Section 3. The city manager, or his designee, is hereby authorized to provide additional information as Caltrans may require in connection with the application for Section 5310 projects.

Section 4. The city manager, or his designee, is hereby authorized to submit and approve requests for reimbursement of funds from Caltrans for the Section 5310 project(s).

Packet Page 95 of 458Attachment 1 Page 1 of 2

RES. NO. 2022-43

Page 2 ends

PASSED AND ADOPTED this 15th day of March 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 96 of 458Attachment 1 Page 2 of 2

Agenda Item No: 11.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202244 of the City Council of the City of Fairfield Amending the Terms for the Community Block Grant (CDBG) Advisory Committee Alternate Public Interest Members
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Staff wishes to consider changing the term for the Community Block Grant (CDBG) Advisory Committee alternate public interest members.

Currently, the term for alternate public interest members is only one year. Staff does not believe this is sufficient time because new recruitment for alternate members has to be done each time an alternate member’s term is up. A lot of staff time and pressure is needed to find interested parties.

DISCUSSION
The CDBG Advisory Committee was formed by Resolution 2016284 and consists of seven members.

There are five public interest members with two alternate public interest members, one member from the Planning Commission and one member from the Youth Commission. A member is defined as a person who is a fulltime resident and registered voter of Fairfield. When there is a lack of response from the community, a City staff representative may become a member. The commissions, respectively, appoint the Planning Commission and Youth Commission representatives.

If a CDBG Advisory Committee member cannot fulfill their commitment, the appointing body utilizes an alternate member. An alternate member must complete the same training as a regular member but only performs duties if a regular member resigns. So far, an alternate member has not been utilized.

Staff is recommending the following changes to the terms of the CDBG Advisory Committee members:

Alternate Public Interest Members
• Change from oneyear term to twoyear term beginning on January 1 and ending December 31 Per Resolution 2021303, there is no term limit for serving members, and they can serve an unlimited Packet Page 97 of 458

Agenda Item No: 11.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202244 of the City Council of the City of Fairfield Amending the Terms forthe Community Block Grant (CDBG) Advisory Committee Alternate Public InterestMembersRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEStaff wishes to consider changing the term for the Community Block Grant (CDBG) AdvisoryCommittee alternate public interest members.Currently, the term for alternate public interest members is only one year. Staff does not believe this issufficient time because new recruitment for alternate members has to be done each time an alternatemember’s term is up. A lot of staff time and pressure is needed to find interested parties.DISCUSSIONThe CDBG Advisory Committee was formed by Resolution 2016284 and consists of seven members.There are five public interest members with two alternate public interest members, one member fromthe Planning Commission and one member from the Youth Commission. A member is defined as aperson who is a fulltime resident and registered voter of Fairfield. When there is a lack of responsefrom the community, a City staff representative may become a member. The commissions, respectively,appoint the Planning Commission and Youth Commission representatives.If a CDBG Advisory Committee member cannot fulfill their commitment, the appointing body utilizes analternate member. An alternate member must complete the same training as a regular member but onlyperforms duties if a regular member resigns. So far, an alternate member has not been utilized. Staff is recommending the following changes to the terms of the CDBG Advisory Committee members:Alternate Public Interest Members• Change from oneyear term to twoyear term beginning on January 1 and ending December 31 Per Resolution 2021303, there is no term limit for serving members, and they can serve an unlimited number of times.

FINANCIAL IMPACT
None.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council could choose not to modify the term or change the term to more than two years.

STAFF CONTACT
Amber Alexander, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
Housing Services Department
ATTACHMENTS:

Description
Proposed Resolution
Resolution 2016284
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 2/28/2022 3:05 PM
Alexander, Amber Approved 2/28/2022 3:06 PM
Packet Page 98 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-44

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING THE TERMS FOR

THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADVISORY COMMITTEE ALTERNATE

PUBLIC INTEREST MEMBERS

WHEREAS, the Community Development Block Grant (CDBG) Advisory Committee was formed by Resolution 2016-284; and

WHEREAS, the CDBG Advisory Committee consists of seven members; in which there are five public interest members with two alternate public interest members, one member from the Planning Commission, and one member of the Youth Commission; and

WHEREAS, a member is defined as either a person who is a full-time resident and registered voter of Fairfield or if there is a lack of response from full-time residents and registered voters of Fairfield, a City staff representative; and

WHEREAS, the representatives from the Planning Commission and Youth Commission are appointed by the commissions respectively and the Planning Commission and Youth Commission appoint an alternate; and

WHEREAS, in the event, a CDBG Advisory Committee member is unable to fulfill their commitment, an alternate member will be utilized by the appointing body; and

WHEREAS, the term of the CDBG Advisory Committee members will be as follows:

Planning Commission and Youth Commission Members
 Two-year terms beginning on January 1 and ending December 31 Public Interest Members
 Four-year terms beginning on January 1 and ending December 31  City staff representatives, if necessary
Alternate Public Interest Members
 Two-year terms beginning on January 1 and ending December 31

WHEREAS, per Resolution 2021-303 there is no term limit for serving members.

Packet Page 99 of 458Attachment 1 Page 1 of 2

RES. NO. 2022-44

Page 2 ends

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

Section 1. This resolution modifies Resolution 2016-284 to update the term limit for alternate public interest members from one year to two years.

Section 2. All other provisions of Resolution 2016-284 not related to term limits remain in full force and effect.

PASSED AND ADOPTED this 15th day of March 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 100 of 458Attachment 1 Page 2 of 2

Packet Page 101 of 458Attachment 2 Page 1 of 3

Packet Page 102 of 458Attachment 2 Page 2 of 3

Packet Page 103 of 458Attachment 2 Page 3 of 3

Agenda Item No: 12.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202245 of the City Council of the City of Fairfield Authorizing Execution of a Public Utility Access Easement to the City of Fairfield within the Lake Park Parcel in Canon Station Planning Area 4
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield (City) owns the Lake Park parcel, located within Planning Area 4 of the Train Station Specific Plan, directly abutting the Canon Station Neighborhood 8 subdivision. Pacific Gas and Electric (PG&E) has an electrical main and appurtenances within a Public Service Easement in the Lake Park, adjacent to the Neighborhood 8 subdivision, and requires access to these facilities across a portion of the Lake Park. The recommended action authorizes City approval of the easement necessary to allow legal access to utility providers over City property.

DISCUSSION
The City owns the Assessor’s Parcel Number (APN) 0166420200, commonly referred to as the Lake Park, in Canon Station Planning Area 4. The City has approved the installation of PG&E utility vaults within the Lake Park, directly abutting the Canon Station Neighborhood 8 property line (APN 0166420 370). These vaults provide electrical infrastructure for the entire One Lake Canon Station development and other lands.

Since the alleyways designed for Neighborhood 8 do not satisfy PG&E’s access requirements, the City wishes to allow PG&E vehicular access within Lake Park to avoid unnecessary project delays. PG&E vehicles would enter Lake Park from Lake Place street rightofway and navigate to the facilities via the 10’wide, concrete pedestrian path and 10’wide decomposed granite path within the park site.

Staff support approval and recordation of this access easement.

FINANCIAL IMPACT
There is no financial impact with this action. The developer will be responsible for maintaining the future pedestrian and decomposed granite path, including any necessary restoration work, using funds Packet Page 104 of 458

Agenda Item No: 12.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202245 of the City Council of the City of Fairfield Authorizing Execution of aPublic Utility Access Easement to the City of Fairfield within the Lake Park Parcel inCanon Station Planning Area 4RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield (City) owns the Lake Park parcel, located within Planning Area 4 of the TrainStation Specific Plan, directly abutting the Canon Station Neighborhood 8 subdivision. Pacific Gas andElectric (PG&E) has an electrical main and appurtenances within a Public Service Easement in theLake Park, adjacent to the Neighborhood 8 subdivision, and requires access to these facilities acrossa portion of the Lake Park. The recommended action authorizes City approval of the easementnecessary to allow legal access to utility providers over City property.DISCUSSIONThe City owns the Assessor’s Parcel Number (APN) 0166420200, commonly referred to as the LakePark, in Canon Station Planning Area 4. The City has approved the installation of PG&E utility vaultswithin the Lake Park, directly abutting the Canon Station Neighborhood 8 property line (APN 0166420370). These vaults provide electrical infrastructure for the entire One Lake Canon Station developmentand other lands.Since the alleyways designed for Neighborhood 8 do not satisfy PG&E’s access requirements, the Citywishes to allow PG&E vehicular access within Lake Park to avoid unnecessary project delays. PG&Evehicles would enter Lake Park from Lake Place street rightofway and navigate to the facilities via the10’wide, concrete pedestrian path and 10’wide decomposed granite path within the park site.Staff support approval and recordation of this access easement.FINANCIAL IMPACT There is no financial impact with this action. The developer will be responsible for maintaining the future pedestrian and decomposed granite path, including any necessary restoration work, using funds accrued from the Community Facilities District #20181. Once the Canon Station homeowner’s association (HOA) is formed, the HOA will take over responsibility. Pursuant to Section 4 of the Maintenance, Access Easement, Reimbursement and Lease Agreement (MARLA), executed between the developer and the City and recorded by Solano County on November 14, 2019, the City’s maintenance cost contribution shall not exceed the lesser of (a) 22% of the Development Agreement Service Costs, as defined in the Rate and Method of Apportionment of Special Tax or (b) $165,724 per year, escalated to the current yearend.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If City Council has any questions, staff can delay this process to provide the necessary background information.

STAFF CONTACT
Trisha Curran, Senior Engineering Technician
(707) 4287471
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Grant Deed of Easement
Assessors Parcel Map
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/28/2022 8:37 PM
Kaushal, Paul Approved 2/28/2022 9:07 PM
Beavers, Esther Approved 3/2/2022 8:12 PM
Beavers, Esther Approved 3/2/2022 8:13 PM
Packet Page 105 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-45

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING EXECUTION OF A

PUBLIC UTILITY ACCESS EASEMENT TO THE CITY OF FAIRFIELD WITHIN THE LAKE PARK PARCEL IN CANON STATION PLANNING AREA 4

WHEREAS, the City of Fairfield (City) is the fee title owner of a parcel known as Assessor’s Parcel Number (APN) 0166-420-200, the Lake Trail parcel; and

WHEREAS, a subdivision map of Canon Station Neighborhood 8, APN 0166-420-370, was filed of record September 10, 2021, in Book 96 of Subdivision Maps, at page 43, Solano County Records; and

WHEREAS, public utility facilities have been installed within the subdivision for the benefit of the residential lots; and

WHEREAS, access to these utility facilities must be provided over the adjacent Lake Trail parcel; and

WHEREAS, the City of Fairfield wishes to convey a public utility access easement over the Property to the City of Fairfield for the purpose of installing and maintaining access to these electrical facilities.

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

Section 1. The City Council finds and determines that the recitals contained herein are true and correct.

Section2. The council hereby approves the easement deed, in the form attached hereto as Exhibit A, and authorizes the city manager to execute the easement deed and cause it to be recorded.

Packet Page 106 of 458Attachment 1 Page 1 of 2

RES. NO. 2022-45

Page 2 ends

PASSED AND ADOPTED this 15th day of March 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 107 of 458Attachment 1 Page 2 of 2

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Fairfield
1000 Webster St. 3'd Floor
Fairfield CA94533
ACE ABOVE FoR RECoRDER'S USE oNL
This document is exempt from the payment of a recording fee pursuant to Government Code 5 27353 and 96103 APN 0166-420-200

GRANT DEED OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF FAIRFIELD, a California corporation, ("Grantor"), hereby grants to the CITY OF FAIRF'IELD, a California municipal corporation, ("Grantee"), an easement for public utility access purposes, over that certain real property more particularly described and shown in Exhibits A and B attached hereto and incorporated herein by reference.

IN WITNESS WHEREOF, Grantor has executed this Grant Deed of Easement as of the date set forth below.

Dated:2022

CITY OF FAIRF'IELD,
a California municipal corporation
David Gassaway
Interim City Manager
Exhibit A
Packet Page 108 of 458Attachment 2 Page 1 of 14

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document

ACKNOWLEDGMENT

STATE OF CALIFORNIA
COI.INTY OF
public, personally
)
) ss.
)
beforeme, ,anotaryappeared who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisftrer/their signature(s) on ttre instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certiff under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(seal)
Packet Page 109 of 458Attachment 2 Page 2 of 14

CERTIFICATE OF ACCEPTANCE
(California Government Code Secti on 27 281)
This is to certi$ that the interest in real property conveyed by the attached Grant Deed of Easement from the City of Fairfield, a municipal corporation, to City of Fairfield, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Fairfield pursuant to the authority conferred by the City of Fairfield Resolution No. 2022-_, and the City of Fairfield consents to recordation thereof by its duly authorized officer.

Dated:

David Gassaway
Interim City Manager
City of Fairfield
Packet Page 110 of 458Attachment 2 Page 3 of 14

DECEMBER
JOB NO.

L4, 2021,
]-668-012

EXHTBIT A
I.EGAJ, DESCRIPTION

PI'BIJIC UTILIEY ACCESS EASEMENT
REAL PROPERTY S]TUATE IN THE CITY OF FAIRFIELD, COUNTY SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BE]NG A PORTION OF LOT B, AS SA]D LOT IS SHOWN AND SO DESIGNATED ON THAT MAP ENTITLED *CANON STAT]ON LARGE LOT FINAL MAP" RECORDED JUNE 29, 2018 AND FILED rN BOOK 92 OE SUBDTVTSION MAPS, AT PAGE 70, rN THE

OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 8, SAID POINT BE]NG THE WESTERNMOST CORNER OF PARCEL A, AS SAID PARCEI, ]S SHOWN AND SO DESIGNATED ON THAT MAP ENTITLED *CANON STAT]ON NEIGHBORHOOD B" RECORDED SEPTEMBER 10, 2021 AND FILED rN BOOK 95 OF SUBDTVTSTON MAPS, AT PAGE 43, IN SA]D OFFICE OF THE COUNTY RECORDER;

THENCE/ FROM SAID POINT OF COMMENCEMENT, ALONG THE SOUTHERN LINE OF SA]D LOT B, SAID LINE BE]NG A COMMON L]NE WTTH PARCEL R OF SA]D MAP(92 SD 70), NORTHWESTERIY ALONG THE ARC OF A 63.00 FOOT RADTUS CURVE TO THE LEFT, FROM WH]CH THE CENTER OF SA]D CURVE BEARS SOUTH 28"06'49'' WEST, THROUGH A CENTRAL ANGLE OF 4o30t25", AN ARC DTSTANCE OF 4.96 FEET TO THE POINT OE BEGTNNING;
THENCE, CONTINUING AIONG SAID COMMON LTNE, ALONG THE ARC OF SAID 63.00

FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 23o36'24'r WEST, THROUGH A CENTRAL ANGLE OF 0goo7'03", AN ARC DTSTANCE OF 10.03 FEET;

THENCE, LEAVING SAID COMMON LINE, NORTHERLY ALONG THE ARC OF A NON- TANGENT 156.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 67'45'39" WEST, THROUGH A CENTRAL ANGLE OF 19o32'31", AN ARc DTSTANCE oF 53.21 FEET;
THENCE, ALONG THE ARC OF A REVERSE 124.00 FOOT RADTUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGLE OE 47O51'OO'" AN ARC DISTANCE OF 103.56 FEET;
THENCE, SOUTH 39o27 '09" EAST, 9.33 FEET;
THENCE, ALONG THE ARC OF A TANGENT 5. OO FOOT RAD]US CURVE TO THE LEFT, THROUGH A CENTRAI ANGLE OF 67o50'17", AN ARC DISTANCE OF 5.g2 FEET; THENCE, ALONG THE ARC OF A COMPOUND 243.50
LEFT, THROUGH A CENTRAL ANGLE OF 16o!7'52u,
FEET;
fage I of $
fr :\1668\1riii8- 12\ACAD\SURVry\pLAl\Lr6AtS\16-027....pLrAt.cJrcx

FOOT RADIUS CURVE TO THE
AN ARC DISTANCE OF 68. 84
Packet Page 111 of 458Attachment 2 Page 4 of 14

THENCE, ALONG THE ARC OF A COMPOUND 14O. OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAT ANGLE OF 24o2ot4Bt" AN ARC DISTANCE OF 59.49 FEET;
THENCE/ ALONG THE ARC OF A REVERSE 310.00 FOOT RADIUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGIE OE 09ol_5'38u, AN ARC DTSTANCE OF 50.10 FEET;
THENCE, ALONG THE ARC OF A REVERSE 14O.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 16015r55r, AN ARC DTSTANCE OF 39.74 FEET;
THENCE, ALONG THE ARC OF A REVERSE 532.50 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 16o30'23", AN ARC DISTANCE OF 153.41 FEET'
THENCE, ALONG THE ARC OF A REVERSE 9O.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAI ANGLE OE 32"43'46", AN ARC DISTANCE OF 5l-.41 FEET;
THENCE, ALONG THE ARC OF A COMPOUND 10.00 FOOT RADTUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 52o05'19", AN ARC DTSTANCE OF g.0g FEET;
THENCE, NORTH 43'09r06" WEST, 7,63 FEET;
THENCE, NORTHEASTERLY AIONG THE ARC OF A NON-TANGENT 473.00 FOOT

RADIUS CURVE TO THE LEFT, FROM VIHICH THE CENTER OF SAID CURVE BEARS NORTH 43o09'06" WEST, THROUGH A CENTRAL ANGLE OF 13o30'50", AN ARC D]STANCE OF 111.56 FEET;
THENCE, ALONG THE ARC OF A COMPOUND 315.00 FOOT RADTUS CURVE TO THE LEFT, THROUGH A CENTRAI, ANGLE OF I2o44'4J", AN ARC DTSTANCE OF 70.08 EaE'ElrF.

THENCE, ALONG THE ARC OF A REVERSE 4,8't4.50 FOOT RADTUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGLE OF 01o30f31", AN ARC DTSTANCE OF 128.36 FEET;
THENCE, ALONG THE ARC OF A REVERSE 5OO.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OE 03o50'34", AN ARC DISTANCE OF 33.53 FEET;
THENCE, SOUTH J7o44t46u EAST, 1.97 EEET;
THENCE, ALONG THE ARC OF A TANGENT 13.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 62o1L'04", AN ARC DTSTANCE OF 14.11 FEET;

Page 2 ends

fr :\1668\16ti8- 1Z\ACAtr\SURVSY\rtAT\tICAtS\tG-0?7....pUAr.docx Packet Page 112 of 458Attachment 2 Page 5 of 14

THENCE, ALONG THE ARC OF A COMPOUND 30.00 FOOT RADTUS CURVE TO THE I,EFT, THROUGH A CENTRAL ANGLE OF 17"1,0'2'7", AN ARC DTSTANCE OF 8.99 FEET;
THENCE, ALONG THE ARC OF A REVERSE 120.00 FOOT RADTUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 31o08'00", AN ARC DTSTANCE OF 65.21 FEET;
THENCE, ALONG THE ARC OF A REVERSE 60. OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 43"57'49"/ AN ARC DISTANCE OF 46.04 FEET;
THENCE, ALONG THE ARC OF A REVERSE 110.00 FOOT RADIUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGLE OE 28o38'16", AN ARC DISTANCE OF 54.98 FEET;
THENCE, ALONG THE ARC OF A REVERSE 60.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGIE OF 27O281!0", AN ARC DISTANCE OE 28.11 FEET;
THENCE/ ALONG THE ARC OF A REVERSE 309.00 FOOT RADIUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGLE OE 26o15'35", AN ARC DTSTANCE OE 1,4L62 FEET,
THENCE, ALONG THE ARC OF A REVERSE 58. OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 66"27'O!", AN ARC DISTANCE OF 7g.96 FEET;
THENCE, ALONG THE ARC OF A COMPOUND 3O.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRA], ANGLE OE 2IOO]-'10'" AN ARC DISTANCE OF 11.01 FEET;
THENCE, NORTH 43 o5B ' 3511 WEST , 8.6L FEET;
THENCE, NORTHEASTERLY ALONG THE ARC OF A NON-TANGENT 592.00 FOOT RADIUS CURVE TO THE LEFT, FROM WH]CH THE CENTER OF SA]D CURVE BEARS NORTH 43o58t35" WEST, THROUGH A CENTRAL ANGT,E OF 15o241I5', I AN ARC DISTANCE OF 159.16 FEET;
THENCE, AIONG THE ARC OF A COMPOUND 1,458.50 FOOT RADTUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 07"04'AIU, AN ARC DISTANCE OF 180.17 E.E'Er.F.

THENCE, SOUTH 65o27 '31" EAST, B.21_ EEET;
THENCE/ ATONG THE ARC OF A TANGENT 10.00 FOOT RADTUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGIE OF 48o53r37"/ AN ARC DISTANCE OF 8.53 FEET;

Page 3 ends

rl; :\1 66S\1 ri(i8- 12\ACAp\$U RVEv\p LAT\X6AtS\16. 017....FUA[.docx Packet Page 113 of 458Attachment 2 Page 6 of 14

THENCE, ALONG THE ARC OF A COMPOUND 50.00 FOOT RADTUS CURVE TO THE LEFT, THRoucH A CENTRAL ANGLE oF 52"34,41,,, AN ARC DTSTANCE oF 45.98 FEET;
THENCE/ ALONG THE ARC OF A REVERSE 235.00 FOOT RADIUS CURVE TO THE RIGHT/ THROUGH A CENTRAL ANGLE OF 32oOAt29"t AN ARC DTSTANCE OF 131.55 FEET;
THENCE, ALONG THE ARC OF A REVERSFI lO4. OO FOOT RADTUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OE 27o09'00", AN ARC DTSTANCE OF 49.28 FEET'
THENCE| ALONG THE ARC OF A REVERSE 190.00 FOOT RADTUS CURVE TO THE RrGHT/ THROUGH A CENTRAL ANGLE OF 35o56'10", AN ARC DTSTANCE OF 119.17 FEET;
THENCE, ALONG THE ARC OF A REVERSE 120.00 FOOT RADIUS CURVE LEFT/ THROUGH A CENTRAL ANGLE OE 24"!7'46", AN ARC DISTANCE FEET TO A POINT ON THE SOUTHEAST LINE OF SAID LOT B;
TO THE
oF 50.89
THENCE, ALONG SAID SOUTHEAST LINE, SOUTH 28"37 '57I' WEST, 50.22 FEET; THENCE/ LEAV]NG SAID SOUTHEAST LINE, SOUTHWESTERLY AIONG THE ARC OF A NON-TANGENT 180.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHrCH THE CENTER OF SArD CURVE BEARS SOUTH 35o55'32" EAST, THROUGH A CENTRAL ANGLE OF 37o04'55", AN ARC DTSTANCE OF 116.50 FEET;
THENCE, ALONG THE ARC OF A REVERSE 114.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OT 21O09'OO'" AN ARC DISTANCE OE 54.02 FEET;
THENCE, ALONG THE ARC OF A REVERSE 225.00 FOOT RAD]US CURVE TO THE LEFT| THROUGH A CENTRAL ANGLE OE 32o04'29', AN ARC DISTANCE OE !25.96 EaEl E1 rn .

THENCE, ATONG THE ARC OF A REVERSE 60.00 FOOT RADIUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGLE OF 59o14'51",, AN ARC DTSTANCE OF 61.00 FEET;
THENCE, ALONG THE ARC OF A REVERSE 30.00 FOOT RADTUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 45039'15''/ AN ARC DISTANCE OF 23.90 FEET;
THENCE/ ALONG THE ARC OF A REVERSE 1,468.50
RTGHT, THROUGH A CENTRAL ANGLE OF 05o57'30",
FEET;

FOOT RADTUS CURVE TO THE
AN ARC D]STANCE OF 752.]L
THENCE, ALONG THE ARC OF A COMPOUND 602. OO FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGrE OF I2"24'I0", AN ARC DTSTANCE OF 130.31 FEET;
il;rg* 4 of 6
fr :\166S\:LtitiS- 12\ACA n\\SU RvIY\pLAT\trCAtS\10- 0]7....P UA[.riucx Packet Page 114 of 458Attachment 2 Page 7 of 14

THENCE, ALONG THE ARC OF A REVERSE 30. OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OE 62"52'7L", AN ARC DISTANCE OE 32.92 FEET;
THENCE, ALONG THE ARC OF A REVERSE 78.00 FOOT RAD]US CURVE TO THE RIGHT' THROUGH A CENTRAI ANGIE OF 63"20'2'7', AN ARC DISTANCE OF 86.23 ErErE rF .

THENCE, ALONG THE ARC OF A REVERSE 299.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 26O15'35'" AN ARC DISTANCE OF 137.04 FEET;
THENCE, ALONG THE ARC oF A REVERSE 70.00 FooT RADIUS CURVE To THE RIGHT/ THROUGH A CENTRAI ANGLE OE 27o28'L0", AN ARC DISTANCE OF 33.56 FEET;
THENCE, ALONG THE ARC OF A REVERSE 100.00 FOOT RADIUS CURVE TO THELEFT, THROUGH A CENTRAL ANGIE OF 28O39'15II, AN ARC D]STANCE OF 49.98 FEET;
THENCE/ ALONG THE ARC OF A REVERSE 7O.OO FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAI ANGLE OF 43"5"7'49", AN ARC DISTANCE OF 53.71 FEET;
THENCE, ALONG THE ARC OF A REVERSE 110.00 FOOT RADIUS CURVE TO THELEFT, THROUGH A CENTRAI ANGLE OF 31O08'OO'" AN ARC DISTANCE OF 59.17 FEET;
THENCE, ALONG THE ARC OF A REVERSE 40.00 FOOT RADIUS CURVE To THE RIGHT, THROUGH A CENTRAI ANGLE OF 38O06'31'" AN ARC DISTANCE OE 26.60 FEET;
THENCE' ALoNG THE ARc oF A REVERSE 30.00 FooT RADIUS CURVE To THE LEFT, THROUGH A CENTRAI ANGLE OE 44051'1311, AN ARC D]STANCE OF 23.49 FEET;
THENCE, ALONG THE ARC OF A COMPOUND 4,864.50 FOOT RAD]US CURVE TO THEI,EFT/ THROUGH A CENTRAL ANGLE OF 01O33'44', AN ARC DISTANCE OF 132.63 FEET;
THENCE
RIGHT,
FEET'
, ALONG THE ARC oF A REVERSE 325.00 Foor RADrus CURVE To rHE THROUGH A CENTRAI ANGLE OE I2O44'47", AN ARC DISTANCE OF 72.30 THENCE' ALONG THE ARC OF A COMPOUND 483.00 FOOT RADIUS CURVE TO THERfGHT' THROUGH A CENTRAL ANGLE OF 10o09'40", AN ARC DISTANCE OF 85.66 FEET;
THENCE, ALONG THE ARC OF A REVERSE 3O.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 39O56'53'" AN ARC DISTANCE OE 20,92 FEET;
P*g* S of S
s :\1 668\1 ai{i8- 12\ACAil\$U RVty\.p LAT\LrCAtS\LO- 0}7....pLrAt:. rl ocx Packet Page 115 of 458Attachment 2 Page 8 of 14

THENCE, ALONG THE ARC OF A REVERSE 1OO.OO FOOT RADTUS CURVE TO THE RrGHT/ THROUGH A CENTRAL ANGLE OF 38og7rg9rr, AN ARC DTSTANCE OF 66.53 FEET;
THENCE, ALONG THE ARC OF'A REVERSE 522.50 FOOT RADIUS CURVE TO THE LEFT/ THROUGH A CENTRAL ANGLE OF 16o30'23", AN ARC DTSTANCE OF 150.53 FEET;
THENCE, ALONG THE ARC OF A REVERSE 150.00 FOOT RADIUS CURVE ?O THE RIGHT, THROUGH A CENTRAL ANGLE OF 16O15'55U, AN ARC DISTANCE OF 42.58 FEET;
THENCE, ALONG THE ARC OF A REVERSE 3OO.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 09O15'38'" AN ARC DISTANCE OF 48.49 FEET;
THENCE, ALONG THE ARC OF A REVERSE 150.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OE 24O20'48", AN ARC DISTANCE OF 63.74 FEET;
THENCE, ALONG THE ARC OF'A COMPOUND 253.50 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 19O29I4OTI AN ARC DISTANCE OF 86.25 FEET,
THENCE, ALONG THE ARC OF A REVERSE 3O.OO FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 44O08'01", AN ARC DISTANCE OF 23.]-1 FEET'
THENCE, ALONG THE ARC OF A COMPOUND L14.00
LEFT, THROUGH A CENTRAL ANGLE OF 29o10'30",
FEET'

FOOT RADIUS CURVE TO THE
AN ARC DISTANCE OF 58.05
THENCE, ALONG THE ARC OF A REVERSE 156.00 FOOT RADIUS CURVE TO THE RTGHT, THROUGH A CENTRAL ANGLE Or 19o20'59", AN ARC DTSTANCE OF 56.06 FEET TO THE POINT OE'BEGINNING.

CONTAINING 2LI 634 SQUARE FEET OF LAND' MORE OR LESS.

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS RETERENCE MADE A PART HEREOF.

END OF DESCRIPTTON
z/e/a.z
MARK H.

L.S. NO.

WEHBER, P.L.S.
7 960

Page 6 of 6 ends

G:\1068\166ri L2\AC D\sURVFY\PLAr\l.ECArS\rG-0?7_piJAE.dDcx t\lq 7960
LAI{'
**
OF CAL
Packet Page 116 of 458Attachment 2 Page 9 of 14

5SHEETLANO*NOTE:SrE snegrs 4 & 5 FoR cuRlc AND LINE INFoRMATIoN..""/2"*PUBLIC UTILITY ACCESS EASEMENT21,6J4 SFlclzlrlltt.LOT 7(92 SD 70)PARCEL R(92 SD 70)PARCEL A(96 SD /,3)EXHIBN BLOT 8(e2 sD 70)WATERSIDEDNVE4c,\L2c1cl2c51c.lFrl]EI(Arrlrrl.t)POBc62P0cLAKEPLACELEGENDPOINT OF BEGINNINGPOINT OF COMMENCEMENTRADIAL BEARINGSHEET I OF 5PARCTL 1(96 SD 43)POBP0c(R)sAN RAMON (925) 866-0322ROSEVTLLE (916)788-44s6WWW.CBANDG.COMCIVIL ENGINEERS . SURVEYORS . PLANNERScbgPLAT TO ACCOMPANY LEGAL DESCRIPTIONPUBLIC UTILTY ACCESS EASEMENTA PORflON OF LOT 8 (92 SD 70)CMY OF FAIRFIELD, SOLANO COIJNTY, CALIFORNIADECEMBER 15,2O2IJO8 NO. 1668{12G{1668I166&1 21ACATTSUR1/MP[ANH.AT{27 PUAEDIAIGPacket Page 117 of 458Attachment 2 Page 10 of 14

NOT[:SEE SHIETS 4 & 5 FOR CURVE AND LINE INFORMATION.AN/7PUBLIC UTILITY ACCESS EASEMENT21,6J4 SFI.c-.SVcl\J'LOT 8(e2 sD 70)L4(./lcaFtrltrl+<(t)rI]r!(t)L3nog678---l-cIOOD Bs--|ar-+bN\.L\GI\BoRl\-c&9c+743)3DFraII]H(Arqiqct)NP,ARCEL 2(e5 sD 43)LEGENDPOBP0c(R)POINT OF BEGINNINGPOINT OF COMMENCEMENTRADIAL BEARINGEXHIBITBSHEET 2 OF 5cbgSAN RAMONROSEVILLE(925) 866-0322(916)788-4456VVWW.CBANDG.COMCIVIL ENGINEERS . SURVEYORS . PLANNERSPLAT TO ACCOMPANIY LEGAL DESCRIPTIONPUBLIC UTILITY ACCESS EASEMENTA PORTTON OF LOT 8 (92 SD 70)CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIADECEMBER 15,2021166&012Gl1668\1668.12\ACAD\SURVEYIPLAT\PLAT{27 PUAE.DWGPacket Page 118 of 458Attachment 2 Page 11 of 14

sAN RAMON (925) 866-Os22ROSEVTLLE (916)788-4456W\A/W.CBANDG.COMCIVIL ENGINEERS . SURVEYORS . PLANNERScbg/7nnvvLOT 8(e2 sD 70)s61'22'03"EPUBLIC UTILITY ACCESS EASEMENT21,634 SFlr.11NOTE:STE SHTETS + & 5 FOR CURVE AND LINE INFORMATION.PARCEL S192 SD 70)LOT ]O(92 SD 70)s35"55'J2"t (R)PARCEL C(96 SD 43)LEGENDPOBPOC(R)SHEET 3 OF 5__,939c33^aaVJLL6c.\Lc.\Jr\0\\Ni\5DGI\BORI\OOD43)\96NPARCEL 2(96 SD 43)c)e)c.lFtI]rI]FlrU)rI]rI](APOINT OF BEGINNINGPOINT OF COMMENCEI/ENTRADIAL BTARINGDGIIBIT BPLAT TO ACCOMPANIY LEGAL DESCRIPTIONPTIBLIC UTILITY ACCESS EASEMENTA PORTION OF LOT 8 (92 SD 70)CITY OF FAIRTIELD, SOLANO COUNTY, CALIFORNIADECEMBER 15,2021JOB NO.1668412GIl668\166&12\qCAD\SURVE\APLAT\PLAT{27 PUAE.DWGPacket Page 119 of 458Attachment 2 Page 12 of 14

cbgCIVIL ENGINEERS . SURVEYORS . PLANNERSW\TUW.CBANDG.COM(925) 866-0322(916)788-4456SAN RAMONROSEVILLECURVI TABLTLENGTH10.03'53.21'103.56'5.92'68.84'59.49'50.10'39.7+'153.41'51.41'9.09'111.56'70.08'128.36'33.5J'1+.11'DELTA9'07'03"'19"32'J1"47'51'00"67'50'17"16"11'52"24'20'48"9'15'JB"'16'15'55"16"J0'23"32"43'46"52'05'19"13"30'50"12'44'47"1'30'3i "3'50'J4"62'11'04"RADIUS63.00'156.00'12+.00'5.00'2+3.50'140.00'310.00'140.00'532.50'90.00'10.00'473.00'315.00'4874.50'500.00'13.00'NOC1LIi -2.CL\.JC6CBC9c10c11c12c13c14c15cl6CURVE TABLELENGTH8.99'65.21'+6.0+'54.98'28.17'141.62'78.86'11.01'159.16'1 80.1 7'8.5J,45.88'1J1.55'49.28'119.17'50.89'DELTA17"10'27"J1"08'00"+3'51'49"28"38'16"21"28'10"26'15'35"66"27'01"21'01 '10"15'24'15"1"04'41"48'53'31"52'34'47"32'04'29"27'A9'00"J5'56'10"24"11'+6"RADIUS30.00''120.00'60.00'110.00'60.00'309.00'68.00'J0.00'592.00'1458.50'10.00'50.00'2J5.00'104.00'190.00'120.00'NOc17C1Bc19c20c21c22LIJc24c25c26c27C28LtvCJOc31c32EXHIBIT BSHEET 4 OF 5CURVE TABLELENGTH116.50'54.02'125.96'61.00'23.90'152.71'130.31'32.92'86.23'131.0+'JJ.56,49.98'5J.it59.77'26.60'23.49'DELTA37'04'55"27'09'00"32'04'29"58"14'51"4539'16"5'57'J0"12'24'10"62'52'11"63'20'21"26'15'J5"27'28'10"2B"JB'16"43',51'49"31'08'00"38'06'31"4+'51'13"RADIUS180.00'114.00'225.00'60.00'30.00'1 468.50'602.00'30.00'78.00'299.00'70.00'100.00'70.00'110.00'40.00'30.00'NOCJJc34cJ5cJ6c3lC3BCJ9c40c+1c42c43c+4c45c46c47C4BPLAT TO ACCOMPANY LEGAL DESCRIPTIONPIIBLIC UTILITY ACCESS EASEMENTA PORTrON OF LOT 8 (92 SD 70)CITY OF FAIRTIELD, SOLANO COIINTY, CALIFORNIADECEMBER I5,2O2IJoB N0.1668{12T427_PUAE.DWGPacket Page 120 of 458Attachment 2 Page 13 of 14

LINE TABLELENGTH9.JJ7.63'7.97'8.61'8.2150.22'BEARINGs39'27'09"tN43'09'06"Ws71'44'46"tN43'58'J5"Ws6627'31"Es28"37'57"WNOL1L2L3L4IELJL6CURVE TABLELENGTH132.6J'72.30'85.66'20.92'66.53'150.53'42.58'48.49'63J4'86.25'23.11'58.05's6.06'4.96'DELTA1'33'4+"12"+4'+1"10'09'40"39"56'5J"3B'07'09"16'30'23"1615'55"915'38"24"20'+8"19'29'40"44'08'01"29'10'30"19"20'58"+"30'25"RADIUS4864.50'325.00'483.00'J0.00''100.00'522.50'150.00'J00.00'150.00'253.50'J0.00'114.00'166.00'6J.00'NOc49c50c51^E4vJlc53c54c55c56c57C5Bc59c60c61c62(R)(R)(R)(R)(R)LOT 8(e2 sD 70)cI..N67'45'38"WRc2)s23'36'24"WP0B/.6s28'06'49"W (R)(^A)LAKEPLACEPARCEL R(e2 sD 70)POCLEGENDPARCEPOBPOINT OF BEGINNINGPOINT OF COMMTNCEMENTRADIAL BEARINGAPOC(96 SD 43)/(R)DETAIL A(NoT To scALE)DGIIBIT BSHEET 5 OF 5cbgsAN RAMON (925) 866-0322ROSEVTLLE (916)788-4456WWW-CBANDG.COMCIVIL ENGINEERS . SURVEYORS r PLANNERSPLAT TO ACCOMPANY LEGAL DESCRIPTIONPI.IBLIC UTILITY ACCESS EASEMENTA P0RTTON OF LOT 8 (92 SD i0)CITY OF FAIRIIELD, SOLANO COUNTY, CALIFORNIADECEMBER 15,2021JOB1668-012Gll668\166812\ACAD\SURVEYIPLAflPLAT{27 PUAE.DWGPacket Page 121 of 458Attachment 2 Page 14 of 14

P)R. SEC. t0 & 11, 7.5N., R.tW., M.D.B.& M.Tox Area Code32283239I 66-42@@!tq€'csIaso{bEos9rlDo_ao@{!I())II..(III@@llotedn.'sIF6 @aryMcw R.H. n-703240N0TE: this map is for assessmentpurposes only. It is not intenderl todefiue legal bouniluy rights or iroplycompliance rith land division lavs.RDCITY OF FAIRNELDAssessor's Mop 8k,166 Pg.42County of Solano, Calif.g1II32PdA R, [email protected].@e"r,l+.ilAc-46.611r,.7.05|a.@'n@F:rz16.AAc.1.02Ac,Pcr.N11.27AaPd.P@at5'21.084c.Pd-sPcl.Rn--2ffi'0l@^.,21.71Ac.Pd.v. 53R=&t'APNl6*060-t60A'ru'57.60Ac.21 -22Conon Station Lorqe Lot Finol Map 6) n.U. 8k.92 pa.70hnon Stotion Ndtshborhwd 7 \-,/ R.M. Bk95 Fa.12. Fl9, Stafion Ne[ghbrhood 48 & 4C R.M. Bk.gs pb.nAssessor's Block Numbere Shom in Elripses, Assesor's parcet Numbere Shovn in Ci;;tesPacket Page 122 of 458Attachment 3 Page 1 of 1

Agenda Item No: 13.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202246 of the City Council of the City of Fairfield Authorizing the Filing of a Claim with the Metropolitan Transportation Commission (MTC) for Allocation of Transportation Development Act (TDA), State Transit Assistance Fund (STAF), and Regional Measure 2 (RM2) Funds for the Fiscal Year 20212022 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield is an eligible claimant for the Transportation Development Act (TDA), State Transit Assistance Fund (STAF), and Regional Measure 2 (RM2) funds through the Metropolitan Transportation Commission (MTC). These funds are necessary to operate transit services in Fairfield. Adopting of this resolution will enable the City to file a claim with MTC to receive up to $9,567,061 in sales tax and bridge toll revenues earmarked for local transit services for fiscal year (FY) 20212022.

DISCUSSION
Local and regional funding of Fairfield and Suisun Transit (FAST) comes from several sources. The State TDA provides for the collection of a 1/4 cent of the general sales tax to fund transportation services and capital improvements. The state collects the sales taxes and returns to the cities and counties based upon population. TDA also provides municipalities with STAF funding that is distributed based upon sales taxes collected from the purchase of diesel fuel. The RM2 program, approved by voters in 2004, is funded by the bridge toll increases. RM2 provides operating assistance to designated transit routes like FAST Blue and Green Express lines, reducing congestion and improve traffic in the toll bridge corridors.

To receive its share of TDA, STAF, and RM2 revenue, the City of Fairfield must submit a combined claim to the MTC as they are the agency responsible for the distribution of these funds. Each year, the City of Fairfield prepares a claim for submittal to the MTC to receive eligible TDA, STAF, and RM2 funds. The claim is based upon the operating budget for the FAST system.

The City will receive up to $9,567,061 under the FY 20212022 claim. These revenues will come from TDA funds initially designated for other communities where Fairfield provides transit service and program oversight.

Packet Page 123 of 458

Agenda Item No: 13.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202246 of the City Council of the City of Fairfield Authorizing the Filing of aClaim with the Metropolitan Transportation Commission (MTC) for Allocation ofTransportation Development Act (TDA), State Transit Assistance Fund (STAF), andRegional Measure 2 (RM2) Funds for the Fiscal Year 20212022RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield is an eligible claimant for the Transportation Development Act (TDA), State TransitAssistance Fund (STAF), and Regional Measure 2 (RM2) funds through the Metropolitan TransportationCommission (MTC). These funds are necessary to operate transit services in Fairfield. Adopting of thisresolution will enable the City to file a claim with MTC to receive up to $9,567,061 in sales tax andbridge toll revenues earmarked for local transit services for fiscal year (FY) 20212022.DISCUSSIONLocal and regional funding of Fairfield and Suisun Transit (FAST) comes from several sources. TheState TDA provides for the collection of a 1/4 cent of the general sales tax to fund transportationservices and capital improvements. The state collects the sales taxes and returns to the cities andcounties based upon population. TDA also provides municipalities with STAF funding that is distributedbased upon sales taxes collected from the purchase of diesel fuel. The RM2 program, approved byvoters in 2004, is funded by the bridge toll increases. RM2 provides operating assistance todesignated transit routes like FAST Blue and Green Express lines, reducing congestion and improvetraffic in the toll bridge corridors. To receive its share of TDA, STAF, and RM2 revenue, the City of Fairfield must submit a combinedclaim to the MTC as they are the agency responsible for the distribution of these funds. Each year, theCity of Fairfield prepares a claim for submittal to the MTC to receive eligible TDA, STAF, and RM2funds. The claim is based upon the operating budget for the FAST system.The City will receive up to $9,567,061 under the FY 20212022 claim. These revenues will come from TDA funds initially designated for other communities where Fairfield provides transit service and program oversight.

The breakdown of funds Fairfield will receive through this claim is:

Fairfield TDA $6,537,023
Fairfield STAF 145,149
Suisun City 403,025
Vacaville 1,668,353
Solano County 78,961
Regional Measure 2 Funds 734,550
Total of Claim $9,567,061
Approximately $4,549,787 of these funds will be used for the operate of the fixedroute services, and $1,517,274 million for paratransit services (DART and Reduced Fare Taxi programs). FAST will claim $3.5 million in capital funds to support electrification infrastructure planning and construction, vehicle purchases, major maintenance activities to extend the life of current vehicles (batteries, engines), and other miscellaneous capital projects.

FINANCIAL IMPACT
The City anticipates receiving up to $9,567,061 in funding to support transit services from TDA, STAF, and RM2 sources. These funds have been included in the budget for FAST.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
TDA, STAF, and RM2 are the largest revenue sources for FAST. Should the City choose against filing this claim, MTC will not release these fund sources to the City for financing its FY 20212022 operating and capital expenses. If this occurs, the City would need to either reduce or eliminate service or identify other funding sources to provide for its FY 20212022 operating and capital transit needs.

STAFF CONTACT
Diane Feinstein, Transportation Manager
(707) 4283808
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department, City of Suisun City, City of Vacaville, City of Dixon, County of Solano, SolTrans, Metropolitan Transportation Commission, Solano Transportation Authority, and MV Transportation, Inc.

ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 2/28/2022 6:45 PM
Kaushal, Paul Approved 2/28/2022 6:48 PM
Beavers, Esther Approved 3/2/2022 8:17 PM
Beavers, Esther Approved 3/2/2022 8:18 PM
Packet Page 124 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-46

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE FILING OF A

CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR ALLOCATION

OF TRANSPORTATION DEVELOPMENT ACT (TDA), STATE TRANSIT ASSISTANCE FUND (STAF), AND REGIONAL MEASURE 2 (RM2) FUNDS FOR THE FISCAL YEAR 2021-2022

WHEREAS, the Transportation Development Act (TDA), (Public Utility Code 99200 et seq.) provides for the disbursement of funds from the Local Transportation Funds of the County of Solano for use by eligible claimants for the purpose of transit and/or streets and roads; and

WHEREAS, pursuant to the provisions of the TDA, and pursuant to the a pplicable rules and regulations thereunder (21 Cal. Adm. Code 6600 et seq.), a prospective claimant wishing to receive an allocation from the Local Transportation Fund shall file its claim with the Metropolitan Transportation Commission (MTC); and

WHEREAS, the City of Fairfield is an eligible claimant for TDA and State Transit Assistance Fund (STAF) funds pursuant to PUC Sections 99260, 99400, and 99310 as attested by the City of Fairfield's opinion of counsel; and

WHEREAS, TDA and STAF funds will be claimed in the Fiscal Year 2021-2022 for transit and/or streets and roads; and

WHEREAS, the City of Fairfield is also eligible to receive Regional Measure 2 (RM2) operating assistance to support Fairfield and Suisun Transit (FAST) Blue and Green Express lines.

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

Section 1. The city manager or his designee is hereby authorized to execute and file a combined TDA, STAF, and RM2 claim together with all necessary supporting documents, with MTC for allocation and/or disbursement of TDA, STAF, and RM2 funds for the Fiscal Year 2021- 2022.

Section 2. A certified copy of this resolution will be transmitted to MTC in conjunction with the filing of the claim, and MTC will be requested to grant the allocations of funds as specified herein.

Packet Page 125 of 458Attachment 1 Page 1 of 2

RES. NO. 2022-46

Page 2 ends

PASSED AND ADOPTED this 15th day of March 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 126 of 458Attachment 1 Page 2 of 2

Agenda Item No: 14.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202247 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement for the Canon Station – Planning Area 4 Lake Trail Park RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
One Lake Holding, LLC (developer) is ready to issue the first building permit for Neighborhood 5 of the Canon Station development. Per the Fourth Amendment to the Development Agreement, recorded June 22, 2021 (DA), the developer is required to start construction of the Lake Trail Park before issuance of the first building permit within Neighborhood 5. This resolution authorizes the city manager to execute an improvement agreement (Agreement) for the construction of Lake Trail Park.

DISCUSSION
As part of the overall Canon Station – Planning Area 4 development, the developer must construct the Lake Trail Park, located to the west of the Lake Park. These improvements include over three acres of landscape improvements, a pollinator garden, 10’ wide allweather pedestrian trail, pathway lights, and a play equipment area. The Lake Trail Park directly abuts several residential subdivisions, providing access to park amenities for nearly 228 future residents that will reside immediately adjacent to the park. Furthermore, the Lake Trail Park includes a pedestrian trail that connects nearby residents to the future Lake Clubhouse and the existing Lake Park. Additionally, Lake Trail Park provides immediate access to Lake Club Drive. The Train Station Specific Plan (TSSP) identifies Lake Club Drive as a significant roadway that will provide vehicular, bicycle, and pedestrian access across several Planning Areas.

Per Resolution No. 201625, the developer received project entitlements to develop Planning Area 4 within the City’s TSSP. Furthermore, with the adoption of Resolution No. 2021216, the City Council approved the final map and authorized the developer to begin constructing Neighborhood 5 within Planning Area 4. Item #3 of Exhibit 131 in the DA obligates the developer to build the Lake Trail Park before issuing the first building permit within Neighborhood 5. The developer is almost finished constructing the public rightofway improvements within Neighborhood 5 and desires to satisfy their DA obligations, thus allowing a homebuilder to receive building permits within Neighborhood 5.

Packet Page 127 of 458

Agenda Item No: 14.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202247 of the City Council of the City of Fairfield Authorizing Execution ofthe Improvement Agreement for the Canon Station – Planning Area 4 Lake Trail ParkRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOne Lake Holding, LLC (developer) is ready to issue the first building permit for Neighborhood 5 of theCanon Station development. Per the Fourth Amendment to the Development Agreement, recordedJune 22, 2021 (DA), the developer is required to start construction of the Lake Trail Park beforeissuance of the first building permit within Neighborhood 5. This resolution authorizes the city managerto execute an improvement agreement (Agreement) for the construction of Lake Trail Park.DISCUSSIONAs part of the overall Canon Station – Planning Area 4 development, the developer must construct theLake Trail Park, located to the west of the Lake Park. These improvements include over three acres oflandscape improvements, a pollinator garden, 10’ wide allweather pedestrian trail, pathway lights, anda play equipment area. The Lake Trail Park directly abuts several residential subdivisions, providingaccess to park amenities for nearly 228 future residents that will reside immediately adjacent to thepark. Furthermore, the Lake Trail Park includes a pedestrian trail that connects nearby residents to thefuture Lake Clubhouse and the existing Lake Park. Additionally, Lake Trail Park provides immediateaccess to Lake Club Drive. The Train Station Specific Plan (TSSP) identifies Lake Club Drive as asignificant roadway that will provide vehicular, bicycle, and pedestrian access across several PlanningAreas.Per Resolution No. 201625, the developer received project entitlements to develop Planning Area 4within the City’s TSSP. Furthermore, with the adoption of Resolution No. 2021216, the City Councilapproved the final map and authorized the developer to begin constructing Neighborhood 5 withinPlanning Area 4. Item #3 of Exhibit 131 in the DA obligates the developer to build the Lake Trail Parkbefore issuing the first building permit within Neighborhood 5. The developer is almost finished constructing the public rightofway improvements within Neighborhood 5 and desires to satisfy their DA obligations, thus allowing a homebuilder to receive building permits within Neighborhood 5.

The developer has provided all necessary bonds and insurance and paid the fees required to enter into this Agreement.

FINANCIAL IMPACT
There is no cost to the City in constructing the public improvements contemplated under the Agreement.

Acceptance of the public improvements by the council will obligate the Homeowner’s Association (HOA) to maintain the public improvements with a portion of maintenance costs being funded by the formed TSSP Community Facilities District (CFD #20181). Pursuant to Section 4 of the Maintenance, Access Easement, Reimbursement and Lease Agreement (MARLA), executed between the developer and the City and recorded by Solano County on November 14, 2019, the City’s maintenance cost contribution shall not exceed the lesser of (a) 22% of the DA Service Costs, as defined in the Rate and Method of Apportionment of Special Tax or (b) $165,724 per year, escalated to the current yearend.

The developer shall maintain the public improvements until the HOA has collected adequate funding.

According to the DA, the developer is eligible to receive fee credits for constructing these improvements. Upon execution of the Agreement, the developer shall accrue a total of $1,236,619 in fee credits, applicable towards AB1600 Park Impact and Bedroom Tax Fees assessed for developments within Planning Areas 4 and 5.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The developer has met the necessary conditions and has provided the proper documents for the Agreement. However, if the council has any questions regarding the public improvements, the council can postpone the approval until the questions are addressed.

STAFF CONTACT
Caroline Vedder, Associate Civil Engineer
(707) 4287484
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Site Location
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/28/2022 8:37 PM
Kaushal, Paul Approved 2/28/2022 9:09 PM
Beavers, Esther Approved 3/2/2022 8:13 PM
Beavers, Esther Approved 3/2/2022 8:14 PM
Packet Page 128 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-47

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING EXECUTION OF THE IMPROVEMENT AGREEMENT FOR THE CANON STATION – PLANNING AREA 4 - LAKE TRAIL PARK

WHEREAS, One Lake Holding, LLC has requested the City Council to approve the Improvement Agreement for the Lake Trail Park improvements; and

WHEREAS, the developer has provided all the necessary bonds and insurance, and paid the fees required to enter into this Agreement.

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

Section 1. The city manager is authorized and directed to execute on behalf of the City of Fairfield that certain Improvement Agreement between the City and One Lake Holding, LLC.

Section 2. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned agreement.

PASSED AND ADOPTED this 15th day of March 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 129 of 458Attachment 1 Page 1 of 1

Packet Page 130 of 458Attachment 2 Page 1 of 1

,trffir*,
Ganon Station Panning Area 4 - Lake Trail Park

ONE LAKE HOLDING, LLC
THIS IMPROVEMENT AGREEMENT ("Agreement"), for purposes of identification dated , 2022 is made and entered into by and between the CITY OF FAIRFIELD, a municipal corporation, hereinafter referred to as "City," and ONE LAKE HOLDING, LLC, a Delaware Limited Liability Gompany, hereinafter referred to as "One Lake."

RECI TALS
A.One Lake has presented to City a development plan of land for Canon Station - Planning Area 4 (the "Development") located within the corporate limits of City, the plan having been prepared in accordance with the requirements of the City Engineer.

This Agreement concerns improvements commonly referred to as the Lake Trail Park(the "Required lmprovements"), all of which are incorporated into the plans and specifications of the Development.
ln accordance with the Fourth Amendment to Development Agreement between the City and One Lake, recorded June 22,2021 ("DA"), including any subsequent DA amendments, the parties agreed that One Lake may construct public improvements, including landscape and irrigation, in exchange for fee credits from the city. one Lake is required to enter into an improvement agreement with the City to construct said public improvements to be eligible for receiving fee credits.

One Lake has requested approval of the plans prior to the construction and completion of the Required lmprovements, including, but not limited to:

Construction and installation of non-potable irrigation connection, full landscape improvements and various park amenities, as required by the City Engineer, the Ordinances of the City, and the Train Station Specific Plan, heretofore approved by the City Council of the City of Fairfield.

B
c
D
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Packet Page 131 of 458Attachment 3 Page 1 of 16

AGREEMENTS:

The parties hereto agree as follows:

1. The General Contractor: City acknowledges and agrees that One Lake is not a licensed contractor but that One Lake will be contracting with a licensed general contractor (the "General Contractor") who will furnish, construct and install the Required lmprovements pursuant to this Agreement. The contract between One Lake and General Contractor for completion of the Required lmprovements is referred to herein as the Construction Contract.

2. Performance of Work: One Lake agrees to furnish, construct, and install at their own expense, or cause to be furnished, constructed, and installed, all Required lmprovements as shown on the plans and specifications of the Development, a copy of which is on file in the Office of the City Engineer and is incorporated herein by reference, along with any changes and modifications as may be required by the City Engineer due to errors of omission on the plans.

3. Work: Satisfaction of the Citv Enqineer: All of the work on the Required lmprovements is to be done at the places, with the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's most current Standard Specifications and Details as authorized via Fairfield City Council Resolution 2014-93. and to the satisfaction of the City Engineer.
work: Time for commencement and Performance: city fixes the time for the commencement of the work to be done on the day following approval of this Agreement, and for its completion to be within twelve (12) months thereafter. A pre-construction meeting is required at least fifteen (15) calendar days prior to the start of construction.

Time of Essence: Extension: Time is of the essence of this Agreement, but the dates for commencement and completion of the work of construction 4 5
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Packet Page 132 of 458Attachment 3 Page 2 of 16

6. may be extended as herein provided. The City Engineer may extend those dates for delays in the work actually caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting there from. Extension of the dates for any other cause shall be made only by the City Council. The City Engineer and City Council shall be the sole and final judge as to whether good cause has been shown to entitle One Lake to an extension.

Request for Extension: Grantino: Requests for extension of commencement and completion date shall be in writing, and shall be delivered to City in the manner hereinafter specified for services of notices.

Extensions, if granted, shallbe in writing; an oralextension shall not be valid for anv purpose whatsoever.

Extension: No Release of Oblioations: ln the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by One Lake pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time.

Extension: Conditions: The granting of any extension may be conditioned upon One Lake providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Required lmprovements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work. lmprovement Securitv: Concurrently with the execution hereof, One Lake shall furnish City:
(a) lmprovement security in the sum of $1.260.000, which sum is equal to approximately one hundred ten percent (110o/o) of the estimated cost of constructing the Required lmprovements, rounded up, and the cost of any other obligation to be
7 I
I
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Packet Page 133 of 458Attachment 3 Page 3 of 16

performed by One Lake hereunder, securing the faithful
performance of this Agreement.
(b) Separate improvement security in the sum of @;Q@, which sum is equal to approximately fifty-five percent (55%) of the estimated cost of constructing the Required lmprovements, securing payment to the General Contractor, its
subcontractors, and to persons furnishing labor, materials, or equipment to them for the construction of the Required
lmprovements.

The form of the improvement security shall be subject to the approval of the City Attorney. lmprovement security shall be reduced or released by City only in the manner provided by the Ordinances of the City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.

10. Enqineerinq and lnspection Fee: One Lake shall:
(a) Pay to the City an engineering plan check fee of 1.35o/o of the total cost of the Required lmprovements, as estimated by the City Engineer and rounded to the nearest whole number, less the initial plan check fee of one percent (1Yo) of the total cost paid upon submittal of the improvements plans. The total amount of this fee stilldue is:
(1 .35% x $ 1, 1 44,962.7 3) - $ 1 5,997.08 = -$540.00. (b) Pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required lmprovements, rounded to the nearest whole number, as
estimated by the City Engineer, being:

S.5o/o x$1 ,144,962.79 = $€49Z3,
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Packet Page 134 of 458Attachment 3 Page 4 of 16

11 12.

Fee includes only items of work to be inspected by the City. lt is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.

Hold Harmless Aoreement: One Lake will indemnify, hold harmless and assume defense of, in any actions of law or in equity, the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of One Lake, General Contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for One Lake, General Contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the work as well as during the work's progress.

Acceptance of insurance certificates required under this Agreement does not relieve One Lake from liability under this indemnity and hold harmless clause. This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of One Lake's, its General Contractor's or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Contractor's lnsurance: One Lake shall not commence work under this Agreement or permit its General Contractor or any subcontractor to commence work thereunder until One Lake shall have obtained or caused to be obtained all insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier. The insurance shall be maintained in force and effect until the completion of work under this Agreement and the acceptance A
Packet Page 135 of 458Attachment 3 Page 5 of 16

thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier.
(a) WORKER'S COMPENSATION INSURANCE: One Lake
shall obtain and maintain (or cause to be obtained and
maintained) workers' compensation insurance for all One Lake and General Contractor employees employed at the site of improvement. Proof of a qualified self-insurance program is acceptable. One Lake shall require any sub-contractor similarly to provide workers'compensation insurance for all of the subcontractor's employees, unless such employees are covered by the protection afforded by One Lake or the
GeneralContractor. ln case any class of employees engaged in work under this Agreement at the site of the project is not protected under any workers' compensation law, One Lake shall provide, and shall cause General Contractor and each subcontractor to provide, adequate insurance for the
protection of employees not othenrvise protected. One Lake hereby agrees to indemnify City for any damage resulting to it from failure of General Contractor or any subcontractors to take out or maintain such insurance. One Lake shall provide the City Engineer with a certificate of insurance indicating workers' compensation coverage prior to engaging in any activity required by this Agreement.
(b) LIABILITY INSURANCE: One Lake, at its sole expense, shall obtain and maintain (or cause to be obtained and maintained) an insurance policy or policies, issued by an insurer or insurers as defined by the California lnsurance Code with an A.M. Best rating of B+/Xll orA-A/ll or better, providing the City, its officers, employees, and agents, named as additional insureds under the policy, broad form property damage,
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Packet Page 136 of 458Attachment 3 Page 6 of 16

personal injury, automobile, employers', and comprehensive form liability insurance in the amount of not less than $3 million per occurrence. By the terms of the insurance policy or policies, such insurance shall be deemed primary
insurance, and no other insurance effected by the City or other named insureds will be called upon to cover a loss covered thereunder.
ln the event that any of the insurance policies provided for in this Section 12 insures any entity, persons, boards, or commissions other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents, and employees, One Lake, General Contractor and any subcontractor performing work covered by this Agreement. All stated minimum levels of insurance may be met by a combination of primary, excess, and umbrella insurance, including any fronting or captive insurance, provided lndemnitee is endorsed as an additional insured with regard to all such excess coverage.

City agrees that the insurance requirements in this Section 12 may be satisfied with insurance furnished by the General Contractor that meets such insurance requirements. ln its contract with the General Contractor, One Lake agrees to require the General Contractor to agree to include in thei(its) subcontracts with all of its subcontractors (a) the same requirements and provisions of this Agreement including the indemnity and lnsurance requirements to the extent they apply to the scope of the subcontractors' work, and (b) the requirement that the subcontractors include such provisions in the subcontracts, if any, that such subcontractors enter into with their subcontractors.

13. Evidence of lnsurance: One Lake shall furnish the City Engineer prior to commencement of any work hereunder, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City -7-
Packet Page 137 of 458Attachment 3 Page 7 of 16

at least thirty days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement.

14. Title to lmprovements: Title to and ownership of all improvements constructed hereunder shall vest absolutely in City upon completion and acceptance of such improvements by City.

15. Repair or Reconstruction of Defective Work: lf, within a period of one year after final acceptance of the work performed under this Agreement, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by One Lake, or any of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, One Lake shall without delay and without any cost to City, repair or replace or reconstruct, or cause to be repaired or replaced or reconstructed, any defective or otherwise unsatisfactory part or parts of the work or structure. Should One Lake fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before One Lake can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and One Lake shall pay to City the actual cost of such repairs plus fifteen percent (15o/o) within thirty (30) days of the date of billing for such work by City. At the time these improvements are completed to the satisfaction of the City Engineer, a warranty bond shall be submitted to release the original bonds.

16. Neither One Lake nor General Contractor Are Aqent of Citv: Neither One Lake nor General Contractor nor any of One Lake's or General Contractor's agents or subcontractors are or shall be considered to be agents of City in connection with the performance of the obligations under this Agreement.

17. Notice of Breach and Default: lf One Lake refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of the work within such time, or if One Lake should be adjudged a bankrupt, or One Lake should make a general -8-
Packet Page 138 of 458Attachment 3 Page 8 of 16

18 19.
assignment for the benefit of One Lake's creditors, or if a receiver should be appointed in the event of One Lake's insolvency, or if One Lake or its General Contractor or any of their subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon One Lake and One Lake's surety of breach of this Agreement, or of any portion thereof, and of default of One Lake hereunder.

Breach of Aqreement: Performance bv Surety or City: ln the event of any such notice, One Lake's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, City may take overthe work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of One Lake, and One Lake's surety shall be liable to City for any excess cost of damages occasioned Cily thereby; and in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and other property belonging to One Lake or its General Contractor as may be on the site of the work and necessary therefor. One Lake shall cause the Construction Contract to include a provision implementing the rights of City pursuant to this Section 18.

Notices: All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

Fa irfield Cifv H 2 ll. Attn: Citu Enoineer
1000 Webster Street
Fairfield. CA 94533
Notices required to be given to One Lake shall be addressed as follows:
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Packet Page 139 of 458Attachment 3 Page 9 of 16

ONE LAKE HOLDING LLC. C/O DAN AGUILAR
2121 N. CALIFORNIA BLVD. STE #1010
WALNUT CREEK. CA 94596
(To be completed by One Lake)
Notices to be given surety of Subdivider shall be addressed as follows ONE LAKE HOLDING LLC. C/O DAN AGUILAR
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK, CA 94596
20 21
(To be completed by surety of One Lake)
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

Oversizinq: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 68, Chapter 10, Article lV, Sections 10.56 through 10.65; and Chapter 25, Article lll, Section 25.166.79 through

25.166.81 is not applicable.

Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions (except as specifically provided othenrise):
a) Approval of this lmprovement Agreement shall not obligate the City to subsequently accept improvements which strictly conform to the plans referenced by this Agreement. All costs associated with modifications resulting from subsequent improvement plan changes required by the City shall be borne by One Lake.
b) Annexation into Communitv Facilities District (CFD
#2018-1): The proposed development is required to annex into the new Train Station Specific Plans Community Facilities District (CFD #2018-1), which will provide funding for various -1 0-
Packet Page 140 of 458Attachment 3 Page 10 of 16

c)
elements of operations, maintenance and service, including but not limited to:
. Public Safety Services;
o Public Open Space Operation and Maintenance;
o Public Park Operation and Maintenance;
. Public Cemeteries Operation and Maintenance;
o Operation and Maintenance of public landscaping,
linear parks, storm draingage basins, streetlights,
pump station, and the public lake;
. CFD Administrative Expenses;
o Any Other Public Services authorized to be Funded
under Section 53313 of the California Government
Code.

Property owners within the District will be required to pay special on-going annual assessments. One lake shall furnish the necessary processing fees and documents
required to complete the annexation process. Assessments will have an annual inflation adjustment. Please refer to Section 5.2 of the Development Agreement for additional information.

Citvwide A81600 lmpact Fee Credits: ln consideration for the construction of the Required lmprovements, and in
accordance with the terms of Section 5.5.3 and Exhibit 13-1 of the DA, One Lake shallaccrue, effective upon the execution of this Agreement and the furnishing to City of the
lmprovement Security required by this Agreement, a total of $1,236,620 ("Fee Credits") in fee credits, rounded up to the nearest dollar; that amount being the escalated value (see Exhibit B as of March 15,2022, escalated, as documented in City of Fairfield Resolution 2013-69. The acreage is equal to the acreage of the ltem #3 (Neighborhood Park (Lake Trail)), -11-
Packet Page 141 of 458Attachment 3 Page 11 of 16

22 23
24 in Exhibit 13-1 of the DA. The fee credits for the Required lmprovements are as follows:

1. Pursuant to Exhibit 13-1 of the DA, One Lake shall
receive fee credits applicable to ltem #3, totaling
$1,236,620 (3.74 acres x $260,000 per acre x

1.27172). Fee Credits for the Required
lmprovements shall not exceed $260,000 per acre,
with proposed ltem #3 acreages not to exceed
three point seven four (3.74) acres, cumulatively.
d) Updated Gitvwide AB1600 and Northeast Area lmpact Fee Credits: Pursuant to Section 5.5.1 of the DA, City intends to commence an update of the Citywide Traffic lmpact Fee and Northeast Area Fee programs. Upon Cig Council approval of the update, Subdivider's fee credits will be adjusted
accordingly.

Prohibited Interest: No employee of the City shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the opinion of the City if this provision is violated.

Local Employment Policv: The city of Fairfield 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.

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 localfirms where possible.

Qualified Bids: Both the City and One Lake acknowledge and agree that the contractor chosen as the General contractor will satisff the city's bidding requirements applicable to reimbursements for the improvements to be constructed under this Agreement.
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Packet Page 142 of 458Attachment 3 Page 12 of 16

lN WTNESS WHEREOF, the parties hereto have executed this lmprovement Agreement on the date set forth opposite their respective signatures.

Dated City of Fairfield,
a municipal corporation
ATTEST:

City Clerk City Manager
One Lake ing, LLG,
a Delawa Liabi
(
Name
Title :Co-Presidenf
I
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Packet Page 143 of 458Attachment 3 Page 13 of 16

CITY OF FAIRFIELD

IMPROVEMENT AGREEMENT CHECK LIST
PROJECT NAME: Canon Station Plannino Area 4 - Lake Trail Park Landscape Construction OWNER: One Lake Holdino. LLC
ADDRESS: 2121 N. California Blvd., Suite #1010. Walnut Creek, CA 94596 COUNCIL MEETING DESIRED: March 15.2Q22
SUBMISSION DEADLINE: Februarv 15. 2022
Distribution:

City Manager
City Engineer
One Lake

DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC)1.35o/o $1,144,963 -$540 Engineering/l nspection Fee 5.5o/o $1,144,963 $62,973
TOTAL $62,433
Engineer's Estimate $1,144,963
Faithful Performance Bond 110o/o $1,260,000
Labor and Materials Bond 55o/o $630,000
lnsurance Certificate $3 Million
Signed Agreement
Construction Plans
Packet Page 144 of 458Attachment 3 Page 14 of 16

EXHIBIT A
SITE tilCATTfiIT[:

SITE MAPI
FITE
FIT.E
E
G
L
Ed
$-
ul
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Packet Page 145 of 458Attachment 3 Page 15 of 16

EXHIBIT B
DATE SF CC lndex
Deaemhar 1 ?O1O 1rt1)O )C RunnlnI
December 1, 2011 70204.79 o.aSsvo
December 1. 2012 10355.09 1.473%
December 1. 2013 10898.84 s.257%\.257V"
December 1. 2014 10915.84 0.156%5.415%
December 1, 2015 11155.41 2.r95%7.729%
De.Fmber 1 - 7O15 ttbu9.44 ao7 a2-at3,r4
December 1, 2017 12014.72 3.491%16.O27V,
December 1. 2018 12115.37 o.838%16.959
December 1. 2019 a)76/|.5)5 23.2
December 1. 2020 13168.76 3.167%27.L72%
*NOTE: Northeast Fee Update was adopted with Resolution 2013-69 *NOTE: Fees escalated per the EnSineerlng News Record Congtruction Cost lndex as outlined in Fairfield Resolution 2013-69
Cumulative Fee Credits = $1,236,619.11
*NOTE: Escalation Formula
Current Year Value = Previous Year Value x (1+ CCI Annual % lncrease) April 1, 2020 = s1,137,699.99 x (1 + 0.838%)
April 1, 2020 = $1,198,658.75
TNOTE: % lncrease is based on change at year-end
+NOTE: 2013 Fee Credit per D4 Exhibit 13-1 = (Acreage of lmprovements) x Maximum Allowed Fee Credit = 3.74 acres x $260 000
= s972,400
Escalation of Lake Trail Park lmprovements (ltem f3)
First date of Northeast adoption: Aprll 1, 2013 5972,
April1,2014 5l,023,46r.12
ADril 1. 2015 $1,025,0s7.s1
Aprll1,20u $1,090,190.38@
April1,2016 $7,047,554.46
April 1, 2019
ADrll 1.2020
$1,137,699.99
s1.198.658.7s
Total Acreage of ltem =
2013 Fee Credit per DA, Exhibit 13-1 =

3.74 $972,400.00
2021 Assicnment Total ADril 1, 2021
Packet Page 146 of 458Attachment 3 Page 16 of 16

Agenda Item No: 15.

AGENDA REPORT
DATE:March 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202248 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

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

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

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

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

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

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

1. The state of emergency continues to directly impact the ability of the members to meet in person Packet Page 147 of 458

Agenda Item No: 15.AGENDA REPORTDATE:March 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202248 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in person wouldpresent imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

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

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

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

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

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

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 3/2/2022 4:37 PM
Beavers, Esther Approved 3/2/2022 5:10 PM
Packet Page 148 of 458

CITY OF FAIRFIELD

RESOLUTION NO. 2022-48

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

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

REGARDING THE SAME

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

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

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

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

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

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

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

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

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

2. Either of the following circumstances exist:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
Packet Page 149 of 458Attachment 1 Page 1 of 3

RES. NO. 2022-48

Page 2 ends

Fairfield City CouncilMarch 15, 2022

Fairfield City Council
March 15, 2022