Agenda, first session — Fairfield City Council, June 21, 2022 (part 1 of 6)

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/89382923350?pwd=RmRPRWdlYWlpaDRYVjYvOEhuMUNnZz09 , or via phone (408) 6380968, Webinar ID: 893 8292 3350, Passcode: 31984886 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 Worship Pastor Mark LeCheminant, Church of Jesus of Latterday Saints PLEDGE OF ALLEGIANCE Boy Scouts Troup 100, Flag Ceremony COUNCIL REPORTS
CITY MANAGER REPORT
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1.Closed Session Update Public Employee Appointment

2.Closed Session Update Existing Litigation
CITY CLERK REPORT

PRESENTATIONS

3.Poem Reading "Juneteenth" by Poet Laureate Bonnie DiMichele Contact:Karen Rees, (707) 4287767
a

4.Proclamation Declaring Juneteenth National Independence Day Presented by Pam Bertani Contact:Karen Rees, (707) 428 7767
a

5.Proclamation Declaring LGBTQ Pride Month Presented by Rick Vaccaro Contact:Karen Rees, (707) 4287767
a

6.Relocation of Investigations Division
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.

CONVENE MEETING OF THE SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY CONSENT CALENDAR
SUCCESSOR AGENCY CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Agency or the public requests that separate action be taken on a specific item.

7.Resolution SA202201 of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield Authorizing Execution of the Consent Agreement for the First Restated Declaration of Covenants, Conditions, and Restrictions of Southbridge Recommended Action
Adopt resolution.

Funding Source
Packet Page 2 of 798

Funding Source
N/A
LaTanna Jones, (707) 4287647
a
CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY 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.

ROLL CALL
Commissioner Pam Bertani
Commissioner Cat Moy
Commissioner Doriss Panduro
Commissioner Chuck Timm
Commissioner Scott Tonnesen
ViceChair Rick Vaccaro
Chair Harry Price
JOINT CITY COUNCIL AND HOUSING AUTHORITY PUBLIC HEARINGS

8.Joint Public Hearing of the City Council of the City of Fairfield and Housing Authority Adopting Resolutions Approving the MidCycle Update to Fiscal Year 202122 and 202223 Budget and Financial Plan:

Resolution 2022120 of the City Council of the City of Fairfield Appropriating the Fiscal Year 202223 Budget and Updating the Financial Plan for the City of Fairfield; and Resolution HA202207 of the City of Fairfield Housing Authority Appropriating the Fiscal Year 202223 Budget and Updating the Financial Plan; and
Resolution 2022121 of the City Council of the City of Fairfield Approving the Fiscal Year 2022 23 General Obligation Bond Property Tax Rates; and
Resolution 2022122 of the City Council of the City of Fairfield Establishing the Fiscal Year 202223 Appropriations Limit; and
Resolution 2022123 of the City Council of the City of Fairfield Making Certain Findings Related to Development Impact Fees; and
Resolution 2022124 of the City Council of the City of Fairfield Approving Vehicle And Equipment Purchases for the Fiscal Year 202223
Recommended Action
Hold public hearing and adopt resolutions.

Funding Source
Fiscal impacts are discussed comprehensively in the budget document.

Ashley Doyle, (707) 4287596
a
RECONVENE MEETING OF THE CITY COUNCIL
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of Packet Page 3 of 798

9.Resolution 2022125 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:Karen Rees, (707) 4287767
a

10.Resolution 2022126 of the City Council of the City of Fairfield Calling and Providing for a General Municipal Election to be Held in the City of Fairfield on Tuesday, November 8, 2022, to Elect City Officers and to Request the Solano County Board of Supervisors to Consolidate the General Municipal Election with the Statewide Election on that Date; and Resolution 2022127 of the City Council of the City of Fairfield Requesting the Solano County Board of Supervisors to Permit the County Registrar of Voters to Render Services in Connection with the General Municipal Election to be Held on Tuesday, November 8, 2022, and Authorizing the Solano County Board of Supervisors to Canvass the Returns of the Election; Determining Charges for Candidates’ Statements; and Authorize the City Clerk to Publish the Notice of Election
Recommended Action
Adopt resolutions.

Funding Source
$318,580; General Fund
Contact:Karen Rees, (707) 428 7767
a

11.Minute Action Approving Mayor’s Appointments to Council Legislative Review and Honors Committee and 2022 League of California Cities Voting Delegate and Alternate Recommended Action
Approve mayor's appointment recommendation.

Funding Source
N/A
Contact:Anna Guiles, (707) 4287399
a

12.Resolution 2022128 of the City Council of the City of Fairfield Approving an Extension to the Interim City Manager Employment Agreement Between the City of Fairfield and David Gassaway
Recommended Action
Adopt resolution.

Funding Source
General Fund
Contact:David Lim, (415) 4218484
a

13.Resolution 2022129 of the City Council of the City of Fairfield Appointing Dawn La Bar and Sullina Sanchez as the Primary and Alternate Representatives to the Community Action Partnership of Solano, Joint Powers Authority
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Funding Source
N/A
Contact:Dawn M. La Bar, (707) 4287749
a

14.Resolution 2022130 of the City Council of the City of Fairfield Approving $175,000 of Homeless Services Project Construction Funds to Cover Pallet Shelter Costs and Authorizing the City Manager to Execute all Construction Agreements Including, but not Limited to, Agreements with Architects, Modular Bathroom Builders, Pallet Shelters Providers, and General Contractors to Complete Construction Activities for the Mission Samoa Pallet Shelter Project Up to an Amount not to Exceed $530,000
Recommended Action
Adopt resolution.

Funding Source
$175,000; Homeless Services Project Construction Fund and $355,000; ESG NonCity Grant Funds
Contact:LaTanna Jones, (707) 4287647
a

15.Resolution 2022131 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and SHELTER Solano, Inc. for the Provision of Emergency Shelter Beds
Recommended Action
Adopt resolution.

Funding Source
$300,000; Homeless Services Project Construction Fund
Contact:Dawn M. La Bar, (707) 4287749
a

16.Resolution 2022132 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Four (4) Year Lease Agreement with PNC Equipment, LLC Finance for Replacement of Golf Carts at Rancho Solano and Paradise Valley Golf Courses Recommended Action
Adopt resolution.

Funding Source
$287,430; Golf Course Enterprise Fund
Contact:Kristina Chamberlin, (707) 4287470
a

17.Resolution 2022133 of the City Council of the City of Fairfield Approving the Second Amendment to the Services Contract for a Cyber Security Program Assessment from Presidio Networked Solutions Group LLC
Recommended Action
Adopt resolution.

Funding Source
$74,000; Computer Services Fund
Contact:Savita Chaudhary, (707) 4287582
a

18.Resolution 2022134 of the City Council of the City of Fairfield Authorizing the City Manager to Packet Page 5 of 798

18.Resolution 2022134 of the City Council of the City of Fairfield Authorizing the City Manager to Execute and Approve the Purchase of Ten Unmanned Aerial Vehicles and Associated Equipment
Recommended Action
Adopt resolution.

Funding Source
$71,751; General Fund
Contact:Dan Marshall, (707) 4287313
a

19.Resolution 2022135 of the City Council of the City of Fairfield Authorizing the Seventh Amendment to the 1965 Agreement between the City of Fairfield, City of Suisun City, and FairfieldSuisun Sewer District Regarding Collection System Rehabilitation and Replacement Funding
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Ryan Panganiban, (707) 4287017
a

20.Resolution 2022136 of the City Council of the City of Fairfield Accepting the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project as Complete
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

21.Resolution 2022137 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Enclave at Red Top Unit 2 Subdivision as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

22.Resolution 2022138 of the City Council of the City of Fairfield Accepting the Gateway Boulevard Median Island Modification Project as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

23.Resolution 2022139 of the City of Fairfield Authorizing the Levy of Special Taxes within Community Facilities District No. 1 for Fiscal Year 20222023 Recommended Action
Adopt resolution.

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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, JUNE 21, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533AGENDANotice 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 theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.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/89382923350?pwd=RmRPRWdlYWlpaDRYVjYvOEhuMUNnZz09 , or viaphone (408) 6380968, Webinar ID: 893 8292 3350, Passcode: 31984886CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Mark LeCheminant, Church of Jesus of Latterday SaintsPLEDGE OF ALLEGIANCE Boy Scouts Troup 100, Flag CeremonyCOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORT1.Closed Session Update Public Employee Appointment2.Closed Session Update Existing LitigationCITY CLERK REPORTPRESENTATIONS3.Poem Reading "Juneteenth" by Poet Laureate Bonnie DiMicheleContact:Karen Rees, (707) 4287767a4.Proclamation Declaring Juneteenth National Independence Day Presented by Pam BertaniContact:Karen Rees, (707) 428 7767a5.Proclamation Declaring LGBTQ Pride Month Presented by Rick VaccaroContact:Karen Rees, (707) 4287767a6.Relocation of Investigations DivisionContact: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.CONVENE MEETING OF THE SUCCESSOR AGENCY TO THE FAIRFIELDREDEVELOPMENT AGENCYSUCCESSOR AGENCY CONSENT CALENDARSUCCESSOR AGENCY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Agency or the public requests that separate action be taken on a specific item.7.Resolution SA202201 of the Successor Agency to the Fairfield Redevelopment Agency of theCity of Fairfield Authorizing Execution of the Consent Agreement for the First RestatedDeclaration of Covenants, Conditions, and Restrictions of SouthbridgeRecommended ActionAdopt resolution.Funding SourceN/ALaTanna Jones, (707) 4287647aCONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCommissioner Pam Bertani Commissioner Cat MoyCommissioner Doriss PanduroCommissionerChuck TimmCommissioner Scott Tonnesen ViceChair Rick VaccaroChair Harry PriceJOINT CITY COUNCIL AND HOUSING AUTHORITY PUBLIC HEARINGS8.Joint Public Hearing of the City Council of the City of Fairfield and Housing Authority AdoptingResolutions Approving the MidCycle Update to Fiscal Year 202122 and 202223 Budget andFinancial Plan:Resolution 2022120 of the City Council of the City of Fairfield Appropriating the Fiscal Year202223 Budget and Updating the Financial Plan for the City of Fairfield; andResolution HA202207 of the City of Fairfield Housing Authority Appropriating the Fiscal Year202223 Budget and Updating the Financial Plan; andResolution 2022121 of the City Council of the City of Fairfield Approving the Fiscal Year 202223 General Obligation Bond Property Tax Rates; andResolution 2022122 of the City Council of the City of Fairfield Establishing the Fiscal Year202223 Appropriations Limit; andResolution 2022123 of the City Council of the City of Fairfield Making Certain Findings Relatedto Development Impact Fees; andResolution 2022124 of the City Council of the City of Fairfield Approving Vehicle AndEquipment Purchases for the Fiscal Year 202223Recommended ActionHold public hearing and adopt resolutions.Funding SourceFiscal impacts are discussed comprehensively in the budget document.Ashley Doyle, (707) 4287596aRECONVENE MEETING OF THE CITY COUNCILCONSENT 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.9.Resolution 2022125 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:Karen Rees, (707) 4287767a10.Resolution 2022126 of the City Council of the City of Fairfield Calling and Providing for aGeneral Municipal Election to be Held in the City of Fairfield on Tuesday, November 8, 2022, toElect City Officers and to Request the Solano County Board of Supervisors to Consolidate theGeneral Municipal Election with the Statewide Election on that Date; andResolution 2022127 of the City Council of the City of Fairfield Requesting the Solano CountyBoard of Supervisors to Permit the County Registrar of Voters to Render Services inConnection with the General Municipal Election to be Held on Tuesday, November 8, 2022, andAuthorizing the Solano County Board of Supervisors to Canvass the Returns of the Election;Determining Charges for Candidates’ Statements; and Authorize the City Clerk to Publish theNotice of ElectionRecommended ActionAdopt resolutions.Funding Source$318,580; General FundContact:Karen Rees, (707) 428 7767a11.Minute Action Approving Mayor’s Appointments to Council Legislative Review and HonorsCommittee and 2022 League of California Cities Voting Delegate and AlternateRecommended ActionApprove mayor's appointment recommendation.Funding SourceN/AContact:Anna Guiles, (707) 4287399a12.Resolution 2022128 of the City Council of the City of Fairfield Approving an Extension to theInterim City Manager Employment Agreement Between the City of Fairfield and DavidGassawayRecommended ActionAdopt resolution.Funding SourceGeneral FundContact:David Lim, (415) 4218484a13.Resolution 2022129 of the City Council of the City of Fairfield Appointing Dawn La Bar andSullina Sanchez as the Primary and Alternate Representatives to the Community ActionPartnership of Solano, Joint Powers Authority Recommended ActionAdopt resolution. Funding SourceN/AContact:Dawn M. La Bar, (707) 4287749a14.Resolution 2022130 of the City Council of the City of Fairfield Approving $175,000 ofHomeless Services Project Construction Funds to Cover Pallet Shelter Costs and Authorizingthe City Manager to Execute all Construction Agreements Including, but not Limited to,Agreements with Architects, Modular Bathroom Builders, Pallet Shelters Providers, and GeneralContractors to Complete Construction Activities for the Mission Samoa Pallet Shelter ProjectUp to an Amount not to Exceed $530,000Recommended ActionAdopt resolution.Funding Source$175,000; Homeless Services Project Construction Fund and $355,000; ESG NonCity GrantFundsContact:LaTanna Jones, (707) 4287647a15.Resolution 2022131 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Memorandum of Understanding Between the City of Fairfield and SHELTER Solano,Inc. for the Provision of Emergency Shelter BedsRecommended ActionAdopt resolution.Funding Source$300,000; Homeless Services Project Construction FundContact:Dawn M. La Bar, (707) 4287749a16.Resolution 2022132 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Four (4) Year Lease Agreement with PNC Equipment, LLC Finance for Replacementof Golf Carts at Rancho Solano and Paradise Valley Golf CoursesRecommended ActionAdopt resolution.Funding Source$287,430; Golf Course Enterprise FundContact:Kristina Chamberlin, (707) 4287470a17.Resolution 2022133 of the City Council of the City of Fairfield Approving the SecondAmendment to the Services Contract for a Cyber Security Program Assessment from PresidioNetworked Solutions Group LLCRecommended ActionAdopt resolution.Funding Source$74,000; Computer Services FundContact:Savita Chaudhary, (707) 4287582a18.Resolution 2022134 of the City Council of the City of Fairfield Authorizing the City Manager toExecute and Approve the Purchase of Ten Unmanned Aerial Vehicles and AssociatedEquipmentRecommended ActionAdopt resolution.Funding Source$71,751; General FundContact:Dan Marshall, (707) 4287313a19.Resolution 2022135 of the City Council of the City of Fairfield Authorizing the SeventhAmendment to the 1965 Agreement between the City of Fairfield, City of Suisun City, andFairfieldSuisun Sewer District Regarding Collection System Rehabilitation and ReplacementFundingRecommended ActionAdopt resolution.Funding SourceN/AContact:Ryan Panganiban, (707) 4287017a20.Resolution 2022136 of the City Council of the City of Fairfield Accepting the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a21.Resolution 2022137 of the City Council of the City of Fairfield Accepting the SubdivisionImprovements for the Enclave at Red Top Unit 2 Subdivision as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a22.Resolution 2022138 of the City Council of the City of Fairfield Accepting the GatewayBoulevard Median Island Modification Project as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a23.Resolution 2022139 of the City of Fairfield Authorizing the Levy of Special Taxes withinCommunity Facilities District No. 1 for Fiscal Year 20222023 Recommended Action
Adopt resolution.

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

24.Resolution 2022140 of the City Council of the City of Fairfield Incorporating a List of Projects Funded by SB 1: The Road Repair and Accountability Act for Fiscal Year 202223 Recommended Action
Adopt resolution.

Funding Source
$2,689,884; Streets Capital Project Fund utilizing Gas Tax SB 1 Funds Contact:David Vong, (707) 4287784
a

25.Resolution 2022141 of the City Council of the City of Fairfield Accepting the Laurel Creek Community Park Ball Field Lighting Improvements Project as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

26.Resolution 2022142 of the City Council of the City of Fairfield Granting Preliminary Approval of Fiscal Year 20222023 Engineer’s Report, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Hearing for the Smith Ranch Assessment District Recommended Action
Adopt resolution.

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

27.Resolution 2022143 of the City Council of the City of Fairfield Approving the Execution of the Development Loan Agreement with 212 E Tabor Fairfield EAH, LLC to Support the Creation of New Affordable Housing in the City of Fairfield, California, and Authorizing Certain Related Actions
Recommended Action
Adopt resolution.

Funding Source
$1,000,000 loan; Housing Trust Fund
Contact:LaTanna Jones , (707) 4287647
a

28.Resolution 2022144 of the City Council of the City of Fairfield Authorizing the Approval of Lending and Mortgage Revenue Bond Policies for Development Activities Sponsored by the City of Fairfield
Recommended Action
Adopt resolution.

Funding Source
N/A
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Funding Source
N/A
Contact:LaTanna Jones, (707) 4287647
a
NEW BUSINESS

29.City Council Direction on Contract Renewals with KemperSports for Golf Course Management and with SRI for Food/Beverage/Banquet Services
Recommended Action
Provide direction to staff.

Funding Source
N/A
Contact:Kristina Chamberlin, (707) 4287470
a

30.City Council of the City of Fairfield Fiscal Year 202223 Strategic Goals and Priorities Recommended Action
Approve Fiscal Year 202223 Strategic Goals and Priorities Funding Source
N/A
Contact:David Gassaway, (707) 4287400
a

31.Resolution 2022145 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and SHELTER Solano, Inc. to Support the Kitchen Buildout Completion Project at 310 Beck Avenue in Fairfield and Authorizing an Update to the Fiscal Year 20222023 Budget Recommended Action
Adopt resolution.

Funding Source
$1,000,000; Intergovernmental Services Fund
Contact:Dawn M. La Bar, (707) 4287749
a
PUBLIC HEARINGS

32.Public Hearing; and
Resolution 2022146 of the City Council of the City of Fairfield Adopting Updated Nexus Studies for the Citywide AB1600 Traffic Impact Fee and for the Northeast Area Development Fees Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:Dave Feinstein, (707) 4287448
a
ADJOURN TO TUESDAY, JULY 5, 2022, 6:00 P.M., COUNCIL CHAMBER.

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.

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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 June 15, 2022.

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Agenda Item No: 7.

AGENDA REPORT
DATE:June 21, 2022
TO:The Board of Directors of the Successor Agency to the Fairfield Redevelopment Agency
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution SA202201 of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield Authorizing Execution of the Consent Agreement for the First Restated Declaration of Covenants, Conditions, and Restrictions of Southbridge RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Southbridge Owners' Association needs to update the governing documents and requires the consent of the Successor Agency to the Fairfield Redevelopment Agency. The Successor Agency’s consent will allow the Southbridge Owners Association to make the necessary changes to the Declaration of Covenants Conditions and Restrictions of Southbridge.

DISCUSSION
The former Redevelopment Agency of the City of Fairfield (RDA) assisted the developers of this property in 1995. As a condition of the assistance, a certain number of units were set aside as Below Market Rate (BMR) units, and any changes to the Declaration of Covenants Conditions and Restrictions (CCRs) would require the RDA’s consent. The Southbridge Owners' Association has updated the CCRs and requires the RDA’s approval by signing the consent agreement. Some of the updates incorporate necessary changes that will be up to date with the civil code. The city attorney has provided feedback, reviewed the final document, and determined they are in line with the City policy.

FINANCIAL IMPACT
There is no financial impact associated with approving these updates. No City funds would be involved.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Chair and Board of Directors of the Successor Agency to the Fairfield Redevelopment Agency could elect not to proceed with approving the updates to the Declaration of Covenants Conditions and Packet Page 10 of 798

Agenda Item No: 7.AGENDA REPORTDATE:June 21, 2022 TO:The Board of Directors of the Successor Agency to the Fairfield RedevelopmentAgencyFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution SA202201 of the Successor Agency to the Fairfield RedevelopmentAgency of the City of Fairfield Authorizing Execution of the Consent Agreement for theFirst Restated Declaration of Covenants, Conditions, and Restrictions of SouthbridgeRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Southbridge Owners' Association needs to update the governing documents and requires theconsent of the Successor Agency to the Fairfield Redevelopment Agency. The Successor Agency’sconsent will allow the Southbridge Owners Association to make the necessary changes to theDeclaration of Covenants Conditions and Restrictions of Southbridge.DISCUSSIONThe former Redevelopment Agency of the City of Fairfield (RDA) assisted the developers of thisproperty in 1995. As a condition of the assistance, a certain number of units were set aside as BelowMarket Rate (BMR) units, and any changes to the Declaration of Covenants Conditions andRestrictions (CCRs) would require the RDA’s consent. The Southbridge Owners' Association hasupdated the CCRs and requires the RDA’s approval by signing the consent agreement. Some of theupdates incorporate necessary changes that will be up to date with the civil code. The city attorney hasprovided feedback, reviewed the final document, and determined they are in line with the City policy.FINANCIAL IMPACTThere is no financial impact associated with approving these updates. No City funds would be involved.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTION The Chair and Board of Directors of the Successor Agency to the Fairfield Redevelopment Agency could elect not to proceed with approving the updates to the Declaration of Covenants Conditions and Restrictions of Southbridge. If the resolution is not adopted, the Southbridge Owners' Association must keep to the current governing documents.

STAFF CONTACT
LaTanna Jones, Director Housing Services
(707) 4287647
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Resolution
Proposed Consent Agreement
First Related Declaration of Covenants
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 6/10/2022 1:12 PM
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CITY OF FAIRFIELD

SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY

RESOLUTION NO. SA2022-01

RESOLUTION OF THE SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY OF

THE CITY OF FAIRFIELD AUTHORIZING EXECUTION OF THE CONSENT AGREEMENT FOR THE

FIRST RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF

SOUTHBRIDGE

WHEREAS, the former Redevelopment Agency of the City of Fairfield (RDA) provided assistance to the developers of this property in 1995; and

WHEREAS, a condition of the assistance was to set aside a number of units as Below Market Rate (BMR) units and any changes to the Declaration of Covenants Conditions and Restrictions (CCR’s) would require the RDA’s consent; and

WHEREAS, the Southbridge Owners’ Association needs to update governing documents originally recorded on February 6, 1995; and

WHEREAS, the Southbridge Owners’ Association has updated necessary changes approved by the city attorney and meets City policies.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

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

Section 2. The Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield approves the updates and authorizes the city manager or their designee to sign the Consent Agreement.

Section 3. The Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield authorizes the city manager or their designee to execute, in the name of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield, the Consent Agreement and any subsequent amendments or modifications thereto.

Section 4. The officers and staff of the City of Fairfield are hereby authorized, jointly, and severally, to do all things they deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

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RES. NO. SA2022-01

Page 2 ends

PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

CHAIR
ATTEST:

____________________________

SECRETARY

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CONSENT AGREEMENT
THIS CONSENT AGREEMENT effective _____________, 2022, is made by the SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY, a public body (the “Agency”) in favor of the SOUTHBRIDGE OWNERS’ ASSOCIATION, a California nonprofit mutual benefit corporation (the “Association”).

RECITALS
A. The Association is an “association”, as that term is defined in California Civil Code Section 4080, which has been created to manage the common interest development located in the City of Fairfield, County of Solano, State of California, commonly known as Southbridge (the “Development”) and more particularly described in Exhibit “A”.

B. The original developer of the Development executed a document entitled “Declaration of Covenants, Conditions, and Restrictions of Southbridge,” recorded on February 6, 1995, as Document Number 1995-00007862 in the Official Records of Solano County, California (“Original Declaration”).

C. Pursuant to Section 10.1.4 of the Original Declaration, the following Sections of the Original Declaration “may not be amended without the consent of the Fairfield Redevelopment Agency”: Sections 4.8 (Rental or Leasing of Lots and Residences), 10.1.4 (Amendment to Section

4.8), and 10.2.2 (Rights to Enforce Section 4.8).

D. The Fairfield Redevelopment Agency has since been dissolved, and has been succeeded by the Agency by operation of law.

E. The Association’s members wish to vote upon the approval of that certain document entitled “First Restated Declaration of Covenants, Conditions, and Restrictions of Southbridge” (the “Restated Declaration”), in the form attached hereto as Exhibit “B”, which shall effectively amend, restate, and supersede the Ori ginal Declaration, including Sections 4.8,

10.1.4, and 10.2.2 therein.

NOW, THEREFORE, it is hereby declared as follows:

1. The Agency hereby consents to the terms of the Restated Declaration, which shall effectively amend, restate, and supersede the Original Declaration, including Sections 4.8, 10.1.4, and 10.2.2 of the Original Declaration.

2. Upon the Association’s membership approval of the Restated Declaration in compliance with Article X of the Original Declaration, and following the recordation of th e Restated Declaration in the Solano County Recorder’s Office, the Agency’s rights to approve the amendment or restatement of Sections 4.8, 10.1.4, and 10.2.2 as set forth in the Original Declaration shall be extinguished.

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Dated: , 2022 SUCCESSOR AGENCY TO THE FAIRFIELD

REDEVELOPMENT AGENCY,
a public body
By:

Name:

Title:

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EXHIBIT “A”

LEGAL DESCRIPTION
Lots 1 through 88, inclusive, and Lots 89 through 91, inclusive, as shown on the subdivision map entitled “Final Map, Southbridge Townhomes” filed for record on February 6, 1995; in Book 65 of Maps at Page 43, et seq., in the Official Records of County of Solano, State of California.

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EXHIBIT “B”

RESTATED DECLARATION
[to be attached]

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RECORDING REQUESTED BY, AND
WHEN RECORDED, RETURN TO:

SOUTHBRIDGE OWNERS' ASSOCIATION
c/o BAYDALINE & JACOBSEN LLP
895 University Avenue
Sacramento, CA 95825
Attn: Jennifer M. Jacobsen, Esq.

(Space Above For Recorder's Use)

FIRST RESTATED DECLARATION
OF

COVENANTS, CONDITIONS, AND RESTRICTIONS
OF

SOUTHBRIDGE

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TABLE OF CONTENTS TO

FIRST RESTATED DECLARATION OF

COVENANTS, CONDITIONS, AND RESTRICTIONS
OF

SOUTHBRIDGE

Page Number
RECITALS ................................................................................................................................................... 1 ARTICLE 1 DEFINITIONS .................................................................................................................... 2

1.1 Absolute Majority. .............................................................................................................. 2

1.2 Additional Charges. ............................................................................................................ 2

1.3 Agency. ............................................................................................................................... 2

1.4 Architectural Committee. .................................................................................................... 2

1.5 Architectural Rules. ............................................................................................................ 2

1.6 Articles. ............................................................................................................................... 2

1.7 Assessment.......................................................................................................................... 2

1.8 Association.......................................................................................................................... 3

1.9 Association Rules. .............................................................................................................. 3

1.10 Board of Directors or Board. .............................................................................................. 3

1.11 Bylaws. ............................................................................................................................... 3

1.12 Common Area. .................................................................................................................... 3

1.13 Common Facilities. ............................................................................................................. 3

1.14 Contract Purchaser/Contract Seller. .................................................................................... 3

1.15 County. ................................................................................................................................ 3

1.16 Declarant. ............................................................................................................................ 3

1.17 Declaration. ......................................................................................................................... 3

1.18 Development. ...................................................................................................................... 3

1.19 Director. .............................................................................................................................. 3

1.20 Exclusive Use Common Area. ............................................................................................ 3

1.21 Governing Documents ........................................................................................................ 4

1.22 Improvement(s). .................................................................................................................. 4

1.23 Institutional Mortgagee ....................................................................................................... 4

1.24 Lot. ...................................................................................................................................... 4

1.24 Member. .............................................................................................................................. 4

1.25 Owner.................................................................................................................................. 4

1.26 Party Wall; Party Fence. ..................................................................................................... 4

1.27 Record. ................................................................................................................................ 4

1.28 Residence. ........................................................................................................................... 4

1.29 Resident. ............................................................................................................................. 4

1.30 Simple Majority. ................................................................................................................. 4

1.31 Subdivision Map. ................................................................................................................ 4

1.32 Total Voting Power. ............................................................................................................ 5 ARTICLE 2 COMMON AREA .............................................................................................................. 5

2.1 Purpose of Common Area. .................................................................................................. 5

2.2 Owners Non-Exclusive Easements of Enjoyment. ............................................................. 5

2.3 Assignment of Rights of Use. ............................................................................................. 6

2.4 Damage to Common Area or Association Property............................................................ 6

2.5 Common Area Construction. .............................................................................................. 6

2.6 Mechanic's Liens................................................................................................................. 6

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ARTICLE 3 EASEMENTS ..................................................................................................................... 7

3.1 Easements for Utilities and Maintenance............................................................................ 7

3.2 Encroachment Easements. .................................................................................................. 7

3.3 Entry for Repairs. ................................................................................................................ 7

3.4 Easements Granted by Board. ............................................................................................. 7

3.5 Party Fences and Party Walls. ............................................................................................ 8

3.6 Storm Drains. ...................................................................................................................... 8

3.7 Easement to Governmental Entities. ................................................................................... 8 ARTICLE 4 USE RESTRICTIONS ........................................................................................................ 8

4.1 Single Family Residential Use. ........................................................................................... 8

4.2 Restriction on Businesses. .................................................................................................. 8

4.3 Offensive Conduct, Nuisances, Noise. ............................................................................... 8

4.4 Use of the Common Area. .................................................................................................. 9

4.5 Requirement of Architectural Approval; Interior Improvements. ...................................... 9

4.6 Sports Apparatus. ................................................................................................................ 9

4.7 Parking and Vehicles. ......................................................................................................... 9

4.8 Garbage. ............................................................................................................................ 10

4.9 Storage of Waste Materials. .............................................................................................. 10

4.10 Signs. ................................................................................................................................ 10

4.11 Antennas; Roof Projections. ............................................................................................. 10

4.12 Exterior Lighting. .............................................................................................................. 11

4.13 Mineral Exploration. ......................................................................................................... 11

4.14 Animals. ............................................................................................................................ 11

4.15 Diseases and Pests. ........................................................................................................... 11

4.16 Lease of Lots. .................................................................................................................... 11

4.17 Nondiscrimination and Non-Segregation Clause. ............................................................. 16

4.18 Variances. ......................................................................................................................... 16

4.19 Compliance with Agency Covenants. ............................................................................... 17 ARTICLE 5 HOMEOWNERS ASSOCIATION .................................................................................. 17

5.1 Management and Operation. ............................................................................................. 17

5.2 Membership. ..................................................................................................................... 17

5.3 Voting. .............................................................................................................................. 18

5.4 Board of Directors. ........................................................................................................... 18

5.5 Association Rules. ............................................................................................................ 18

5.6 Manager and Other Personnel. .......................................................................................... 18

5.7 Insurance. .......................................................................................................................... 18

5.8 Association Property. ........................................................................................................ 18

5.9 Transfer of Common Area to Public Agency or Utility. ................................................... 18

5.10 Borrow Money. ................................................................................................................. 18

5.11 Mortgage of Association Property. ................................................................................... 18

5.12 Mergers and Consolidations. ............................................................................................ 18

5.13 Dissolution. ....................................................................................................................... 19

5.14 Limitation of Liability. ..................................................................................................... 19 ARTICLE 6 ASSESSMENTS AND LIENS ......................................................................................... 19

6.1 Covenant of Owner. .......................................................................................................... 19

6.2 Creation of Lien. ............................................................................................................... 20

6.3 Purpose of Assessments. ................................................................................................... 20

6.4 Authority of the Board. ..................................................................................................... 20

6.5 Annual Assessment. .......................................................................................................... 20

6.6 Special Assessments. ........................................................................................................ 21

6.7 Reimbursement Assessments. ........................................................................................... 21

6.8 Enforcement Assessments. ............................................................................................... 21 Packet Page 20 of 798Attachment 3 Page 3 of 44

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6.9 Failure to Fix Assessments. .............................................................................................. 22

6.10 Offsets. .............................................................................................................................. 22

6.11 Payment Under Protest. .................................................................................................... 22

6.12 Delinquent Assessments. .................................................................................................. 22

6.13 Power of Sale. ................................................................................................................... 22

6.14 Certificate of Satisfaction and Release of Lien. ................................................................ 23

6.15 Priority. ............................................................................................................................. 23

6.16 Association Funds. ............................................................................................................ 23

6.17 Waiver of Exemptions. ..................................................................................................... 23

6.18 Property Exempt From Assessments. ............................................................................... 23

6.19 Owner Assignment of Rents. ............................................................................................ 23 ARTICLE 7 DAMAGE OR DESTRUCTION; CONDEMNATION ................................................... 24

7.1 Damage or Destruction. .................................................................................................... 24 ARTICLE 8 MAINTENANCE OF PROPERTY .................................................................................. 26

8.1 Association Responsibilities. ............................................................................................ 26

8.2 Owner Responsibilities. .................................................................................................... 27

8.3 Owner Failure to Maintain. ............................................................................................... 28

8.4 Owner Liability. ................................................................................................................ 28

8.5 Authority for Entry of Lot................................................................................................. 28

8.6 Association Liability. ........................................................................................................ 28

8.7 Board Discretion. .............................................................................................................. 28

8.8 Cooperative Maintenance Obligations. ............................................................................. 28 ARTICLE 9 ARCHITECTURAL CONTROL ..................................................................................... 28

9.1 Submission of Plans and Specifications. .......................................................................... 28

9.2 Establishment of Architectural Committee. ...................................................................... 29

9.3 Duties. ............................................................................................................................... 29

9.4 Meetings............................................................................................................................ 29

9.5 Architectural Rules. .......................................................................................................... 29

9.6 Application........................................................................................................................ 29

9.7 Expert Review. .................................................................................................................. 30

9.8 Grant of Approval. ............................................................................................................ 30

9.9 Form of Approval. ............................................................................................................ 30

9.10 Time for Architectural Committee Action. ....................................................................... 30

9.11 Board Review. .................................................................................................................. 31

9.12 Commencement. ............................................................................................................... 31

9.13 Completion........................................................................................................................ 31

9.14 Inspection. ......................................................................................................................... 31

9.15 Non-Waiver. ..................................................................................................................... 32

9.16 Estoppel Certificate. .......................................................................................................... 32

9.17 Liability. ............................................................................................................................ 32

9.18 Compliance with Governmental Requirements. ............................................................... 33

9.19 Variances. ......................................................................................................................... 33 ARTICLE 10 ENFORCEMENT ............................................................................................................. 33

10.1 Violations as Nuisance. ..................................................................................................... 33

10.2 Violation of Law. .............................................................................................................. 33

10.3 Owners' Responsibility for Conduct and Damages. ......................................................... 33

10.4 No Avoidance. .................................................................................................................. 34

10.5 Rights and Remedies of the Association. ......................................................................... 34

10.6 Disciplinary Rules. ............................................................................................................ 35

10.7 Emergency Situations. ...................................................................................................... 35

10.8 Alternative Dispute Resolution. ........................................................................................ 35

10.9 Non-Waiver. ..................................................................................................................... 35 Packet Page 21 of 798Attachment 3 Page 4 of 44

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10.10 Notices. ............................................................................................................................. 35

10.11 Costs and Attorneys' Fees. ................................................................................................ 35

10.12 Indemnification. ................................................................................................................ 35

10.13 Agency as Third Party Beneficiary. .................................................................................. 36 ARTICLE 11 AMENDMENT ................................................................................................................ 36

11.1 Amendments by Members. ............................................................................................... 36

11.2 Amendments by Board. .................................................................................................... 36

11.3 Restatement of the Declaration. ........................................................................................ 36

11.4 Agency Consent. ............................................................................................................... 36 ARTICLE 12 GENERAL PROVISIONS ............................................................................................... 37

12.1 Headings. .......................................................................................................................... 37

12.2 Severability. ...................................................................................................................... 37

12.3 Liberal Construction. ........................................................................................................ 37

12.4 Number; Gender. .............................................................................................................. 37

12.5 Easements Reserved and Granted. .................................................................................... 37 Packet Page 22 of 798Attachment 3 Page 5 of 44

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FIRST RESTATED DECLARATION OF

COVENANTS, CONDITIONS, AND RESTRICTIONS
OF

SOUTHBRIDGE
This First Restated Declaration of Covenants, Conditions, and Restrictions of Southbridge is made by the Southbridge Owners' Association, a California nonprofit mutual benefit corporation (the "Association").

RECITALS
A. The Association is an "association", as that term is defined in California Civil Code Section 4080, which has been created to manage the common interest development located in Solano County, State of California, commonly known as Southbridge (the "Development") and more particularly described in Exhibit "A".

B. The original developer of the Development, Solano County Housing Partners I, a California general partnership (referred to herein as the "Declarant") executed a document entitled "Declaration of Covenants, Conditions, and Restrictions of Southbridge," recorded on February 6, 1995, as Document Number 1995-00007862 of the Official Records of Solano County, California, ("Original Declaration").

D. The Declaration established certain limitations, easements, covenants, restrictions, conditions, liens, and charges which run with and are binding upon all parties having or acquiring any right, title, or interest in the real property comprising the Development.

E. The "Declarant", as that term is defined in the Original Declaration, no longer owns any property within the Development.

F. At least sixty-seven percent (67%) of the Members voted to amend, restate, and supersede the Original Declaration pursuant to Section 10.1.2 of the Original Declaration.

G. The City Council of the City of Fairfield, as the successor of the Fairfield Redevelopment Agency, has consented to amend, restate, and supersede Sections 4.8, 10.1.4, and 10.2.2 of the Original Declaration as specifically required by Section 10.1.4 of the Original Declaration.

H. There are no Eligible Holders as defined by Section 2.14 of the Original Declaration.

NOW, THEREFORE, it is hereby declared as follows:

1. The Original Declaration is hereby amended, restated and superseded in its entirety to read as set forth in this Declaration.

2. All of the real property comprising the Development constitutes a "planned development", as that term is defined in California Civil Code Section 4175.

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3. All of the real property comprising the Development is held and owned and shall be held, owned, operated, managed, conveyed, hypothecated, encumbered, leased, used, occupied, and improved subject to the following covenants, conditions, and restrictions, all of which are declared and agreed to be in furtherance of a plan and purpose of protecting, preserving, and enhancing the value, desirability, and attractiveness of the Development and every part thereof, and of fostering the development, management, improvement, enjoyment, and sale of the real property comprising the Development and any part thereof.

4. All of the covenants, conditions, and restrictions set forth in this Declaration shall constitute enforceable equitable servitudes as provided in California Civil Code Section 5975, shall constitute covenants that shall run with the real property comprising the Development, and shall be binding upon and inure to the benefit of each Owner of any portion of such real property or of any interest therein and their heirs, successors, and assigns.

ARTICLE 1 DEFINITIONS

1.1 Absolute Majority. "Absolute Majority" shall mean a majority of the Total Voting Power of the Association.

1.2 Additional Charges. "Additional Charges" shall mean all costs, fees, charges, and expenditures, including without limitation, interest, late charges, attorneys' fees, recording and filing fees, and all other costs actually incurred by the Association in collecting and/or enforcing payment of Assessments, fines, and/or penalties.

1.3 Agency. "Agency" shall mean the Successor Agency to the Fairfield Redevelopment Agency, a California public body.

1.4 Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to Article 9 of this Declaration.

1.5 Architectural Rules. "Architectural Rules" shall mean the rules and regulations adopted by the Board pursuant to Section 9.5 of this Declaration.

1.6 Articles. "Articles" shall mean the Articles of Incorporation of the Association, as they may be amended from time to time, and as filed with the Office of the Secretary of State of California.

1.7 Assessment. "Assessment" shall mean a charge levied by the Association against an Owner and his or her Lot as provided in Article 6 of this Declaration. "Assessment" shall include any or all of the following:

Annual Assessments, which shall have the meaning set forth in Section 6.5 of this Declaration.

Enforcement Assessments, which shall have the meaning set forth in Section 6.8 of this Declaration.

Reimbursement Assessments, which shall have the meaning set forth in Section 6.7 of this Declaration.

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Special Assessments, which shall have the meaning set forth in Section 6.6 of this Declaration.

1.8 Association. "Association" shall mean the Southbridge Owners' Association, a California non-profit mutual benefit corporation, its successors and assigns.

1.9 Association Rules. "Association Rules" shall mean rules and regulations regulating the use and enjoyment of the Common Area which may be adopted by the Board from time to time.

1.10 Board of Directors or Board. "Board of Directors" or "Board" shall mean the governing body of the Association.

1.11 Bylaws. "Bylaws" shall mean the Bylaws of the Association as they shall be adopted by the Board of Directors and Members and any duly-adopted amendments thereof.

1.12 Common Area. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners in the Development excluding the Lots. The Common Area includes, but is not limited to, parking spaces, private streets, and entrance signs. Unless the context clearly indicates a contrary intent, any reference to the "Common Area" shall also include any Common Facilities located thereon.

1.13 Common Facilities."Common Facilities" shall mean all facilities constructed or installed, if any, or to be constructed or installed, or currently located on the Common Area and owned by the Association, including the swimming pool and apron area, pool furniture, playground and play equipment, and other structures and facilities constructed or installed on the Common Area.

1.14 Contract Purchaser/Contract Seller. "Contract Purchaser" and "Contract Seller" shall mean the purchaser and the seller, respectively, under an installment land contract in which title to the property is transferred after the final installment payment is made.

1.15 County. "County" shall mean the County of Solano, State of California, and its various departments, divisions, employees and representatives.

1.16 Declarant. "Declarant" shall mean the original developer of the Development, namely Kavanaugh Development, Inc.

1.17 Declaration. "Declaration" shall mean this instrument, as it may be amended from time to time.

1.18 Development. "Development" shall mean all the real property described in Recital "A" of this Declaration as well as such other real property as may hereafter be brought within the jurisdiction of the Association.

1.19 Director. "Director" shall mean a member of the Board of Directors.

1.20 Exclusive Use Common Area. "Exclusive Use Common Area" shall mean those portions of the Common Area set aside for exclusive use of a Lot Owner or Owners (to the exclusion of other Owners), and shall constitute "exclusive use common area" as defined in California Civil Code Section 4145. Exclusive Use Common Area includes, without limitation, the driveways serving the Lots.

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1.21 Governing Documents "Governing Documents" shall mean the Articles, Bylaws, Declaration, Association Rules (including the Architectural Rules), Election Rules and the policies and resolutions duly adopted by the Board and distributed to the Members.

1.22 Improvement(s). "Improvement(s)" shall mean without limitation, the construction, installation, alteration or remodeling of any buildings, walls, fences, landscaping, skylights, solar heating equipment, spas, antennas, paving, pipes, wires, television satellite reception dishes, utility lines or any other structure of any kind; provided, however, that improvements to the interior of any Residence shall not be considered an Improvement, as defined herein, unless the interior improvement involves any structural alteration of, or intrusion into, a party wall, roof or other load bearing wall within the Residence.

1.23 Institutional Mortgagee "Institutional Mortgagee" shall mean (a) a First Mortgagee which is the State of California, a bank, a savings and loan association, an insurance or mortgage company or other entity or institution chartered under or regulated by any federal and/or state law or (b) an insurer or governmental guarantor of a First Mortgage including without limitation the Federal Housing Authority and the Veteran's Administration.

1.24 Lot. "Lot" shall mean any plot of land shown upon any Subdivision Map, with the exception of the Common Area. When appropriate within the context of this Declaration, the term "Lot" shall also include the Residence and other Improvements constructed or to be constructed on a Lot.

1.24 Member. "Member" shall mean Owner.

1.25 Owner. "Owner" shall mean any person, firm, or corporation or other entity which owns a fee simple interest in any Lot. Except where the context otherwise requires, the term "Owner" shall include the family, guests, tenants and invitees of Owner.

1.26 Party Wall; Party Fence. "Party Wall" shall mean any portion of a fence which is constructed and placed approximately on the common boundary of two (2) or more Lots. "Party Fence" shall mean any portion of a wall common to two (2) Residences which is constructed and placed approximately on the common boundary of two (2) Lots.

1.27 Record. "Record" shall mean, with respect to any document, the recordation or filing of such document in the office of the County recorder.

1.28 Residence. "Residence" shall mean a residential structure located upon a Lot which is designed for human residential use and occupancy.

1.29 Resident. "Resident" shall mean any person who resides in a Residence within the Development whether or not such person is an Owner as defined in Section 1.25 of this Declaration.

1.30 Simple Majority. "Simple Majority" shall mean a majority of the votes of the Members:
(a) represented and voting at a meeting at which a quorum is present, or (b) cast by written or secret ballot (in conformity with California Corporations Code Section 7513 or Civil Code Sections 5100 through 5125, respectively) in which the number of ballots received equals or exceeds the number required to establish a quorum.

1.31 Subdivision Map. "Subdivision Map" shall mean the Recorded subdivision map for the Development.

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1.32 Total Voting Power. "Total Voting Power" shall mean the total number of votes of all Members entitled to vote at a particular time, calculated on the basis of one (1) vote for each Lot.

ARTICLE 2 COMMON AREA

2.1 Purpose of Common Area. Subject to the provisions of the Declaration, the Common Area is held and maintained by the Association, and is used to meet the common interests of the Owners, the members of the Owners' households, and the Owners' tenants, resident Cont ract Purchasers, and guests as provided in the Governing Documents.

2.2 Owners Non-Exclusive Easements of Enjoyment. Every Owner shall have a non-exclusive easement of use of and enjoyment in, to, and throughout the Common Area, including ingress and egress to and from his or her Lot. Each such non-exclusive easement shall be appurtenant to and pass with the title to every Lot, subject to the following rights and restrictions:

The right of the Board to establish and enforce reasonable Rules governing use of the Common Area.

The right of the Board, as more particularly addressed in the Bylaws, to suspend an Owner's right to use Common Facilities located on the Common Area for: (a) any period during which any Assessment against such Owner's Lot remains unpaid; and/or (b) for violations of the Governing Documents by an Owner or any person for whom an Owner is responsible.

The right of the Board, as set forth in Section 3.6 of this Declaration, to grant easements and rights of way in, on, over, or under the Common Area.

The right of the Board to sell, dedicate, or transfer all or any part of the Common Area, subject to the requirements of Section 5.8 and Section 5.9.

The right of the Board to mortgage, pledge, encumber, or otherwise hypothecate the Common Area and facilities thereon as security for money borrowed by the Association.

The right of the Board to borrow money in accordance with the Governing Documents.

The right of the Association, through its authorized agents, to enter any Lot or Residence to perform its obligations under this Declaration, including obligations with respect to construction, maintenance, repair or replacement for the benefit of the Common Area or the Owners in common, or to make necessary repairs that the Lot Owner has failed to perform, in which case the right shall be immediate in case of an emergency originating in or threatening such Residence or Lot and the obligation can be performed whether or not the Owner is present.

The right of the Association to establish, construct, maintain, repair and replace facilities upon the Common Area including without limitation recreation facilities, storage Packet Page 27 of 798Attachment 3 Page 10 of 44

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facilities and workshops, which may be necessary or convenient in the discharge of the Association's duties and the exercise of its rights under the Governing Documents.

The right of the Association to grant exclusive use of a portion of the Common Area to an Owner, if approved by an Absolute Majority of the Members, except as provided by law.

The right of the Association, without approval of the Members, to assign and to otherwise designate and control the use of any carports and uncovered parking spaces and to charge reasonable admission and other fees or to limit the number of guests of Members who may use any recreational Common Facilities.

2.3 Assignment of Rights of Use. Any Owner may assign his or her rights of use and enjoyment, including easements, in the Development to the members of his or her household, tenants, Contract Purchasers, guests and invitees, subject to the terms of the Gove rning Documents. Upon the leasing of a Lot, or upon occupancy of a Lot by a Contract Purchaser, the Owner shall be deemed to have assigned all such rights exclusively to the tenants or Contract Purchasers of such Lot except that such Owner shall continue to have an easement for ingress and egress to such Owner's Lot to the extent necessary to discharge of the Owner's obligations and rights as a landlord. Each Owner shall notify the Secretary of the Association of the names of any tenants or any such Contract Purchasers of such Owner's Lot. Each Owner, tenant, or Contract Purchaser shall also notify the Secretary of the Association of the names of all members of his or her household to whom such Owner, tenant, or Contract Purchaser has assigned any rights of enjoyment in the Development as provided herein and the relationship which each such person bears to such Owner, tenant, or Contract Purchaser. Any rights of enjoyment assigned pursuant to this section are subject to suspension to the same extent that rights of Owners are subject to suspension as provided in the Governing Documents. It is the express purpose and intent of the provisions of this section to limit the right of use and enjoyment of the Common Area to Residents and their guests.

2.4 Damage to Common Area or Association Property. An Owner is responsible for the cost to repair any damage caused to any Common Area, including Exclusive Use Common Area, which is caused by the negligence, gross negligence, or willful misconduct by the Owner or the Owner's tenants, residents, or invitees. In the event that the Association elects to submit a claim to its insurance provider for the cost to repair said damage, the Association may charge the cost of the deductible and any increased premiums to the Owner as a Reimbursement Assessment.

2.5 Common Area Construction. Except as may be authorized by the Board, no person or entity other than the Association or its duly-authorized agents: (a) shall construct, reconstruct, refinish, alter, or maintain any Improvement upon the Common Area; (b) shall make or create any excavation or fill upon the Common Area; (c) shall change the natural or existing drainage of the Common Area; or (d) shall plant, remove, or destroy any seed, plant material, tree, shrub, or other vegetation upon the Common Area.

2.6 Mechanic's Liens. In the event there shall be filed against the Common Area a Notice of Mechanic's Lien for, or purporting to be for, labor or materials alleged to have been furnished or delivered for any Owner or his or her Lot, such Owner shall immediately cause such lien to be discharged by payment, bond, or otherwise. If the Owner fails to cause the lien to be discharged, the Board may send written notice to the Owner specifying that unless the Owner causes the lien to be discharged within five (5) days from the date of such notice, the Board may cause the lien to be discharged. Within such five (5) day period, the Owner shall be granted a hearing before the Board regarding the validity of such Packet Page 28 of 798Attachment 3 Page 11 of 44

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lien and any offsets or defenses thereto. At that time, the Board shall determine whether the lien adversely and improperly affects and encumbers the rights and interests of the Association or the other Owners. If the Board determines that the lien does adversely and improperly affect and encumber such rights and interests and that adequate protection of such rights and interests has not been provided, the Board may cause the lien to be discharged by payment, bond, or otherwise. The Board shall have the right to levy a Reimbursement Assessment against the Owner responsible for causing the lien to be discharged in an amount equal to all amounts paid by the Association together with interest thereon at the legal rate and all costs and expenses paid or incurred in connection therewith, including reasonable attorneys' fees.

ARTICLE 3 EASEMENTS

3.1 Easements for Utilities and Maintenance. Easements over and under the Development for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television ante nna lines, drainage facilities, walkways and landscaping as shown on the recorded Map of the property, and as may be hereafter required or needed to service the Development, are hereby reserved by the Association, and applicable utility companies, together with the right to grant and transfer the same. There shall be no obstruction of the easements.

3.2 Encroachment Easements. Each Lot within the Development is hereby declared to have an easement over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots or Common Area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist.

3.3 Entry for Repairs. The Board may authorize its agents and employees to enter upon any Lot when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible and to effect emergency repairs, or to effect necessary repairs which the Lot Owner has failed to perform as required by this Declaration, in which case such entry shall be made with as little inconvenience to the Owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. In the case of repairs the Owner has failed to perform, except in case of an emergency, twenty-four (24) hour advance notice shall be given to the Owner or occupant.

3.4 Easements Granted by Board. The Board shall have the power to grant and convey to any person or entity easements and rights of way, in, on, over, or under the Common Area for the purpose of:
(a) constructing, erecting, operating, or maintaining thereon, therein, or thereunder overhead or underground lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone, public sewers, storm drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities; and (b) for any other purposes deemed by the Board to be appropriate and not inconsistent with the purposes and interests of the Association. Each purchaser, in accepting a deed to a Lot, expressly consents to such easements and rights of way. No such easements may be granted if they would materially interfere with the use, Packet Page 29 of 798Attachment 3 Page 12 of 44

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occupancy, or enjoyment by an Owner or Resident of his or her Lot without the consent of the affected Owner of the Lot.

3.5 Party Fences and Party Walls. Each Owner of a Lot containing a Party Fence or Party Wall shall have a reciprocal non-exclusive easement over and across such portions of the contiguous Lot as are necessary to maintain the Party Fence or Party Wall.

3.6 Storm Drains. There are reserved and granted for the benefit of each Lot, over, under, across and through the Development, non-exclusive easements for surface and subsurface storm drains and the flow of storm waters in accordance with natural drainage patterns and the drainage patterns and Improvements constructed in the Development.

3.7 Easement to Governmental Entities. All governmental and quasi-governmental entities, agencies, and utilities and their agents shall have a non-exclusive easement over the Common Area for the purposes of performing their duties within the Development.

ARTICLE 4 USE RESTRICTIONS

4.1 Single Family Residential Use. Except as specifically provided in Section 4.2, below, no Lot, or any portion thereof, shall be occupied or used for other than single-family residential purposes by the Owners, their Contract Purchasers, lessees, tenants, or guests.

4.2 Restriction on Businesses. No trade, business or commercial activity of any kind shall be established, maintained, operated, permitted, or conducted within the Development except:

Those professional and administrative occupations as may be permitted by, and which are conducted in conformance with, all applicable governmental ordinances provided that there is no external evidence thereof, and further provided that the Board may, in its complete discretion, prohibit the conduct of any such activities which the Board determines to be incompatible with the nature and character of the Development or which, in the Board's opinion, may or does otherwise negatively impact the quality of life and property values within the Development. The Board may also adopt Rules regulating the conduct of such occupations.

Those other businesses which by law must be permitted to be conducted within the Development.

4.3 Offensive Conduct, Nuisances, Noise. No noxious, harmful, unlawful, or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to any Residents of the Development, or which shall in any way interfere with their use of the Common Area and facilities thereon or the use and enjoyment of their Lots or Residences. Without limiting any of the foregoing, no Resident shall permit noise, including but not limited to the barking of dogs or excessively loud music, to emanate from the Resident's Lot, which would unreasonably disturb another Resident's enjoyment of his or her Lot or of the Common Area. Excessive noise levels may be determined at the sole discretion of the Board which may, but shall not be obligated to, rely on the standards established in applicable County or the City Fairfield codes regulating such matters. Nothing Packet Page 30 of 798Attachment 3 Page 13 of 44

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in this section shall be construed to limit the Association's ability to discharge its duties in accordance with the Governing Documents or otherwise manage the Development.

4.4 Use of the Common Area. The Common Area shall be preserved as open space and used for recreational purposes and other purposes incidental and ancillary to use of the Lots. Such use shall be limited to the private use for aesthetic and recreational purposes by Members, their tenants, families and guests, subject to the provisions of the Governing Documents. Nothing shall be placed, kept, stored, or parked on the Common Area without the prior written consent of the Associat ion, except by the Association. Without limiting the foregoing, no Owner shall place rubbish, debris, or other unsightly or unsanitary materials in the Common Area. Each Owner shall avoid causing damage to the Common Area.

4.5 Requirement of Architectural Approval; Interior Improvements. As addressed in greater detail in Article 9, construction, installation, modification, or alteration of buildings, outdoor structures, fences, awnings, outdoor lighting, landscape and all other exterior Improvements are subject to approval of the Architectural Committee. No Owner shall undertake any activity or work with respect to the Owner's Residence that will impair the structural soundness or integrity of any adjoining Reside nce or impair any easement or hereditament, or do any act or allow any condition to exist in or around the Owner's Residence or Lot which will adversely affect any other Residences or their occupants. Any interior Improvements involving the structural components of the Residence other than non-load-bearing interior walls, shall require prior architectural approval in accordance with Article 9.

4.6 Sports Apparatus. No basketball standards or fixed sports apparatus shall be attached to any Residence or carport or erected on any Lot or within the Common Area except at locations within fenced patio areas. As used in this section, the term "sports apparatus" does not include bicycles, skateboards, roller skates, roller blades or any other similar wheeled equipment.

4.7 Parking and Vehicles.

No vehicle shall be parked in the Development except in areas designed and established for the parking of passenger motor vehicles ("Parking Areas") or wholly within garages or upon the public streets. All Parking Areas shall be used solely for the parking of motor vehicles used for personal transportation. No boat, trailer, camper, commercial vehicle, mobile home, recreational vehicle or any dilapidated or inoperable vehicle shall be parked or stored in any Parking Area. Unless otherwise provided for in the Rules, garage doors shall remain closed, except when a vehicle is entering or leaving the garage. Garages shall be kept sufficiently clear so as to permit parking of the number of vehicles for which the garage was designed. With the exception of garages, no part of the Common Area or any driveway shall be used for repair, construction or reconstruction of any vehicle. No Resident in the Development shall park in any Parking Area designated as "guest parking".

Parking Rules and Enforcement. In order to prevent or eliminate any parking problems within the Development, or to further define and enforce the restrictions contained in this section, the Board shall have the authority to adopt further reasonable rules and restrictions regarding vehicles and parking within the Development as the Board may deem prudent and appropriate. The Board shall also have the power to impose fines and other sanctions for violations of provisions of the Governing Documents relating to vehicles and parking. Such authority and power shall include, without limitation, the power and authority:

Packet Page 31 of 798Attachment 3 Page 14 of 44

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To cause the towing, at the vehicle owner's expense, of vehicles which are parked within the Development in violation of any of the provisions of the Governing Documents, provided that towing of vehicles of guests and other non-Residents of the Development shall be subject to the provisions of applicable law. Costs incurred by the Association relating to the towing and/or storage of any vehicle parked in violation of any provision of the Governing Documents shall be assessed as a Reimbursement Assessment against the Lot Owner responsible or whose household members, tenants, Contract Purchasers, or guests are responsible for the presence of such vehicle.

To fix and impose fines for violations of this section in accordance with Section 10.5.3 of this Declaration and the Bylaws

4.8 Garbage. Trash, garbage, or other waste shall be kept only in sanitary containers. No Owner shall permit or cause any trash or refuse to be kept on any portion of the Development other than in the receptacles customarily used for it, which shall be located only in places specifically designated for such purpose

4.9 Storage of Waste Materials. All garbage, trash and accumulated waste material shall be placed in appropriate covered trash containers which may be placed on Common Area or where visible only on the night before and the day that pick-up is to occur.

4.10 Signs. No sign of any kind shall be displayed to the public view from any portion of the Development except that this restriction shall not apply to: (a) signs required by legal proceedings; (b) signs which by law cannot be prohibited; (c) a single sign of customary and reasonable dimension and design, complying with the Rules and reasonably located on a Lot advertising the Residence for sale or rent; (d) a single identification sign which has been approved by the Board located on a Lot identifying the number or address of the Lot; (e) signs required for traffic control and regulation of streets or open areas within the Development; (f) signs on the Common Area as approved by the Board for a purpose reasonably related to the affairs of the Association; and (g) such other signs as the Board, in its discretion, may approve provided that the Board may adopt limitations on such other signs including, without limitation, restrictions on the size of the signs, the duration of their posting, and their location. All permissible signs must be in good condition. Signs shall not be faded or cracked. The Board may adopt, amend and repeal Rules for the implementation of this section which Rules may include, without limitation, automatic approval of signs meeting specified requirements. It is the express purpose and intent of this section to permit the Association's regulation of signs within the Development to the greatest extent permitted by law.

4.11 Antennas; Roof Projections. No outside mast, tower, pole, antenna or satellite dish shall be erected, constructed or maintained within the Development or on any Common Area except: (a) those erected, constructed or maintained by the Association; (b) those expressly approved by the Board of Directors; or (c) those specifically permitted by law. With respect to those masts, towers, poles, antennae and satellite dishes specifically permitted by law, the Association shall have the authority to regulate their installation and maintenance to the greatest extent permitted by law. The Owner of each Unit shall be responsible for the repair and maintenance of any mast, tower, pole, antenna or satellite installed by him or her within the Development and shall indemnify and reimburse the Association for all cost s and Packet Page 32 of 798Attachment 3 Page 15 of 44

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expenses associated therewith, including without limitation any increased costs incurred by the Association in the performance of its maintenance obligations as specified in Article 9 of this Declaration.

4.12 Exterior Lighting. No Owner shall remove, damage or disable any exterior light, regardless of where located, which is connected to the Association's electric service.

4.13 Mineral Exploration. No Lot shall be used to explore for or to remove any oil, hydrocarbons, or minerals of any kind without the approval of the Board and only if permitted by local ordinances.

4.14 Animals.

Household Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot. A reasonable number, not to exceed a total of two (2), dogs, cats or other uncaged household pets may be kept on a Lot, provided they are not kept for any commercial purpose and are kept in such a manner as not to constitute a nuisance to other Owners or occupants. This provision shall not apply to aquarium type fish, reptiles, or small caged animals, such as hamsters and birds kept within the Residence at all times.

Common Area. While in the Common Area, dogs must be restrained on a leash held by a responsible person capable of controlling it. Dogs may not be tethered anywhere on Common Area or in front of a Lot under any circumstance.

Owner's Responsibility for Pets. Each Owner and Resident shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Development by their pets or the pets of their guests and invitees. The Board shall have the power to impose fines and other sanctions for violations of provisions of the Governing Documents relating to pets, including without limitation fines for failure to remo ve and dispose of pet waste as required by this section. Each Owner, Resident, and any person bringing or keeping an animal within the Development shall be absolutely liable to the Association and all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon the Development by such person or by members of his or her household, tenants, guests, or invitees. Each Owner and Resident shall indemnify the Association and its officers, directors, and agents against any and all claims, damages, losses, demands, liabilities, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the presence or conduct of any animal brought upon or kept within the Development by the Owner or Resident, members of his or her household, guests, tenants, or invitees.

Pet Rules. The Board may adopt and enforce pet rules, which shall be Rules, in addition to the provisions of this section. Such Rules may include, without limitation, regulations regarding the presence of pets on the Common Area, what constitutes a reasonable number of pets, and restrictions on breed and size.

4.15 Diseases and Pests. No Owner shall permit anything or condition to exist upon the Owner’s Lot which shall induce, breed, or harbor infectious plant diseases, rodents, or noxious insects.

4.16 Lease of Lots. In order to: (a) protect the equity in the Lots for the Owners; (b) preserve the character of the Development as an owner-occupied, residential community; (c) prevent the Packet Page 33 of 798Attachment 3 Page 16 of 44

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Development from assuming the character of a renter-occupied area; and (d) retain the Development's ability to comply with financing eligibility requirements, the rental of Lots shall be subject to the restrictions in accordance with the provisions of this Section.

Leasing of Lots, Generally.

Any Owner may rent the Owner’s Lot for residential use subject to all provisions of the Association’s governing documents. Any Owner entitled to the right and easement of use and enjoyment of the Common Area may delegate his right and easement to his tenants, contract purchasers or subtenants who reside in the residence on his Lot, subject to reasonable regulation by the Board.

An Owner who leases or rents his or her Lot shall retain the right to enter the Development and his or her Lot to perform all functions and responsibilities common of landlords. The terms "rent(al)" and "lease" may be used interchangeably throughout this Declaration and throughout this Section 4.16 but the meaning and legal effect of the terms "rent(al)" and "lease" shall be same. The terms "rent(al)" or "lease" as used herein shall be deemed to include, without limitation, any agreement or arrangement between the Owner and any other person under which the right to use, occupy, or possess any Lot or Lots or any portion thereof or residence thereon in the Development for value exchanged, whether monetary or services or property or otherwise, according to a fixed or floating interval or period of time.

Section 4.16.1.1 shall be subject to the provisions of Section 4.19.

Restriction on Number of Lots. No Owner shall rent or lease his or her Lot if, by leasing or renting the Lot, the total number of Lots leased or rented within the Development will exceed twenty-five percent (25%) Lots within the Development. For purposes of this section, any Lot which is owned by a revocable living trust, or which is owned by one or more trustees of a revocable living trust, shall be deemed not to be a leased or rented Lot when it is occupied by one or more persons who are either the trust's trustor(s), trustee(s), and/or beneficiaries.

Terms of Lease and Rental Agreements.

Any lease or rental of any Lot shall be in writing and the written agreement shall expressly provide: (a) that it is subject to all provisions of the Association's governing documents, (b) that the tenants or lessees of the Lot shall comply with all provisions of the Association's governing documents, (c) that any violation of any such provisions of the Association's governing documents shall constitute a breach and default of the terms of such lease or rental agreement, and (d) that no tenant or lessee may sublease or assign his or her lease or rental agreement. The lease or rental agreement shall also contain any other terms that may be required by the Association's rules and regulations. The term of any lease or rental agreement shall be for a period of not less than thirty (30) days. Any Owner leasing or renting a Lot shall provide the tenants or lessees with copies of the Association's governing documents. Failure to provide tenants or lessees with copies of the Association's governing documents shall constitute a violation of this Packet Page 34 of 798Attachment 3 Page 17 of 44

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Declaration and shall be subject to the Association's enforcement rights found under the Association's governing documents and duly adopted rules and regulations pertaining to disciplinary actions. No Owner shall be permitted to lease or rent his or her Lot for transient or hotel or similar purposes.

In addition to the requirements listed in Section 4.16.3.1, any lease or rental of a Lot shall be in writing and the written agreement shall include the language contained in Section 4.17.2.

Procedure.

Application. Any Owner who wants to lease or rent his or her Lot shall submit a written application, as provided by the Association, and a copy of his or her proposed lease or rental agreement to the Association at least thirty (30) days prior to the proposed lease or rental start date of his or her Lot.

At a minimum the application shall state: (a) the Owner's name and mailing address and address of the Lot proposed to be leased or rented; (b) the name of each tenant or lessee (if unknown, names may be provided later); (c) the proposed lease or rental term, which such term shall be no less than thirty (30) days; and (d) such other information as the Association may from time to time require. No lease or rental may be affected prior to the Owner receiving the Association's approval of his or her application. Once an application is approved, the Owner must provide the Association with a copy of the signed lease or rental agreement.

List of Leased or Rented Lots. The Association shall keep a list of all Owners that are leasing or renting their Lot, at a minimum the list shall include the Owner's name, mailing address, Lot address, the date that the Association approved the Owner's application, and term of lease or rental.

Priority of Applicants. The Association shall establish and maintain a priority list, identifying the Owner name, mailing address, Lot address, and date the written application or request of each Owner to rent or lease his or her Lot was submitted to the Association. As the number of Lots rented or leased falls below the twenty-five percent (25%) cap on the number of rentals, the Owner whose name is at the top of the waiting list will be notified, in writing, of his or her right to rent or lease and shall be given ninety (90) days to obtain, and forward to the Association, a copy of a written, signed lease or rental agreement, indicating the tenants' or lessees' acknowledgment that they will abide by the terms and provisions of the Association's governing documents. If this Owner fails to supply such agreement to the Association within ninety (90) days of notification by the Association of the Board's approval to lease or rent, such Owner's name shall be skipped on the waiting list and the next Owner on the waiting list will be notified, in writing, by the Association of the Board's approval to lease or rent, and also be given ninety (90) days to obtain, and forward to the Association, a copy of a signed, written lease or rental agreement as described above. If this is not done, the next Owner on the list will be notified and so on, until all of the names on the waiting list have been given the opportunity to lease or rent his or her Lot. Once the Association has granted an Owner the authority to lease or rent the Owner's Lot, Packet Page 35 of 798Attachment 3 Page 18 of 44

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that Owner has the right to continue leasing or renting the Lot to consecutive tenants or lessees as long as (i) the Owner and the tenants or lessees comply with this section and the Association's governing documents, (ii) the Owner remains the record Owner of the Lot, and (iii) the Owner provides the Association with a copy of the lease or rental agreement with tenants or lessees within sixty (60) days, and prior to the tenants or lessees' occupancy of the Lot. Failure to provide the Association with lease or rental agreements of consecutive tenants or lessees shall subject the Owner to the Association's enforcement rights found u nder the Association's governing documents and duly adopted rules and regulations pertaining to disciplinary actions. If a Lot is not occupied under a lease or rental agreement for a period in excess of ninety (90) days, the Owner must re-apply for approval from the Association to lease or rent the Lot. An Owner's right to rent or lease a Lot shall not pass to subsequent Owners, and such subsequent Owners shall not rent or lease the Lot without the approval of the Board pursuant to this Section.

Meeting with the Board. Each Owner shall have the right, upon written request delivered to the Association, to appear in person before the Board and to discuss the request to lease or rent his or her Lot.

Board Decision Final. Decisions of the Board pursuant to this section shall be final and conclusive.

Variances.

The Board may grant variances from the restriction set forth in Section

4.16.2 in cases of demonstrated hardship, which circumstances may include, but are not limited to: (a) the period of probate following the death of the Owner; (b) the decision of an employer to relocate an Owner to another community; or (c) an illness or disability that prevents the Owner from personally occupying the Lot. No waiver shall be granted to an Owner whose hardship is a result of the Owner's failure to obtain and read the Association's governing documents, including this lease/rental restriction.

If permission has been granted by the Board for demonstrated hardship, or similar situations of demonstrated hardship, such variance shall be of relatively short duration, such as until: (a) probate proceedings are concluded; (b) the Owner has relocated to the community of his or her employment and has had a reasonable time to sell his or her Lot; or (c) the Owner has either recovered from the illness or disability or, in the alternative, has had a reasonable time to sell his or her Lot.

Exceptions authorized by the Board shall take precedence over the order of priority established pursuant to Section 4.16.4.3 and shall be subject to such limitations, requirements and conditions as the Board in its complete discretion deems appropriate.

Legacy Provision. The restriction set forth in Section 4.16.2 shall not apply to Owners of Lots who took title to their Lots prior to the date this Declaration is recorded (the "Effective Date") in the office of the County recorder. All Owners who take title to their Lots after the Effective Date shall be subject to the restriction set forth in Section

4.16.2 except as otherwise provided in Civil Code Section 4740, or successor statute. If Packet Page 36 of 798Attachment 3 Page 19 of 44

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the number of rentals as of the Effective Date exceeds the limit set forth in Section 4.16.2, no Owners who take title to their Lots after the Effective Date shall be entitled to rent or lease their Lots, except as otherwise provided in Civil Code Section 4740, or successor statute.

Rules and Regulations. The Association shall have the discretion to create and amend rules and regulations to implement and enforce the provisions of this Section.

Owner Responsibility. Each Owner leasing or renting a Lot shall be strictly responsible and liable to the Association for the actions of such Owner's tenants or lessees within the Development and for each tenant's and lessee's compliance with the provisions of all the Association's governing documents, as they may be amended from time to time.

The failure of any tenant or lessee to comply with the terms of the Association's governing documents shall constitute a default under such lease or rental agreement and shall entitle the Owner to terminate the tenancy.

Violations. In the event that any tenant or lessee fails to honor the provisions of any Association's governing documents, the Association will be entitled to take such corrective action as it deems necessary or appropriate under the circumstances, which may include the imposition of fines and penalties against the Owner and eviction of the lessee.

If the Association files legal action to gain an Owner's compliance with this section, the Association, as prevailing party, shall be entitled to recover all of its attorney's fees and costs. Prior to the filing of any court action seeking declaratory or injunctive relief to enforce this provision (including either such action coupled with a claim for monetary damages not in excess of $5,000), the Association shall first comply with the provisions of California Civil Code Section 5925 et seq. relating to alternative dispute resolution.

Association's Enforcement Rights. In addition to all other remedies available, in the event an Owner rents or leases his or her Lot in violation of the twenty-five percent (25%) cap set forth in Section4.16.2 or a tenant's or lessee's conduct involves damage or misuse of any Common Area or constitutes a nuisance to Owners or residents, the Association shall be entitled to maintain an eviction action against the tenant or lessee to the same extent as the Owner of the Lot with the Association being deemed a third party beneficiary of any lease or rental agreement involving any Lot wit hin the Development.

The Association's right to maintain an eviction action shall arise only in the event that the Owner has failed to remove his or her tenant or lessee if the number of leased or rented Lots exceeds twenty-five percent (25%) of Lots or has not prevented and/or corrected the actions of the tenant or lessee giving rise to the damage or nuisance and (i) the Association has given notice to the Owner detailing the nature of the infraction and the Owner has had a reasonable opportunity to take corrective action, or (ii) the Owner has appeared before the Board to present arguments as to why eviction by the Association is not necessary. Any disciplinary action shall be prosecuted in strict compliance with the notice requirements and hearing procedures set forth in California Civil Code Section 5855, or comparable successor statute, and the Association's governing documents.

Indemnification. Every Owner of a Lot that is occupied by persons other than the Owner pursuant to a lease or rental agreement or otherwise, agrees to and shall indemnify and defend the Association, its officers, directors, managers, and agents and shall hold them harmless for any cost, loss, claim, or damages of any kind, including, but not limited Packet Page 37 of 798Attachment 3 Page 20 of 44

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to attorneys' fees arising out of the conduct or presence of the occupants of the Lot, including any such conduct arising or alleged to have arisen out of the enforcement or non- enforcement by the Association of the Association's governing documents against such occupants. Without limiting the generality of the foregoing, all costs, including attorneys' fees incurred by the Association to enforce the Association's governing documents against such occupants, including evictions provided herein, shall be reimbursed to the Association by the Owner.

4.17 Nondiscrimination and Non-Segregation Clause. Owners shall refrain from restricting the rental, sale or lease of any Lot or Residence on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. Pursuant to Sections 33337 and 33436 of the Health and Safety Code or any successor statute, all such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses:

In Deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land."
In Leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." In Contracts: "There shall be no discrimination against or segregation of any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land."

4.18 Variances. The Board shall be authorized to grant reasonable variances from the provisions of Article 4 of this Declaration upon written application from any Owner provided that the Board determines, in its sole discretion, that the specific application of the restrict ion to such Owner will:
(a) cause substantial undue hardship to the Owner; or (b) fail to further or accomplish the common plan Packet Page 38 of 798Attachment 3 Page 21 of 44

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for the Development as contemplated by this Declaration. The Board shall have the power to limit any variance granted in scope or duration or otherwise impose such specific requirements as the Board may, in its complete discretion, see fit to require. The Board shall follow the following procedures in acting on any request for a variance:

The Board, in its sole discretion, shall make an initial determination of whether or not the variance request on its face meets the requirements set forth in this section. Where the Board deems it appropriate, the Board may, but shall not be required to, obtain the input of the Architectural Committee in considering the variance request. If the Board determines that the variance request does not meet the requirements set forth in this section, the variance request shall be denied and the Board shall so notify the applicant within thirty (30) days of the Board's decision. If the Board determines that the variance request does on its face meet the requirements set forth in this section, the procedures set forth in the remainder of this section shall be followed.

Provided the Board determines that the variance request does on its face meet the requirements set forth in this section, the Board shall conduct a hearing on the variance within sixty (60) days of the receipt of the written request for a variance. No decision regarding the request for variance shall be made until the conclusion of the hearing.

After the conclusion of the hearing, the Board shall, in its sole discretion, either grant or deny the request for variance in accordance with the standards set forth in this section. As more fully discussed above, if the Board grants the variance request, the Board may impose such conditions as the Board deems appropriate and shall so notify the applicant within thirty (30) days of the Board's decision.

The Board's authority to grant variance shall not apply to any variance of Section 4.19.

4.19 Compliance with Agency Covenants. Notwithstanding anything to the contrary contained herein, no Owner shall be permitted to lease his or her Lot if such Lot is subject to recorded occupancy and resale restrictions imposed by the former Redevelopment Agency of the City of Fairfield, unless (a) such lease is permitted by and in compliance with the provisions of such restrictions, or (b) the Agency has provided its prior and express written consent to such lease by the Owner.

ARTICLE 5 HOMEOWNERS ASSOCIATION

5.1 Management and Operation. The Association, through the Board of Directors, shall manage and operate the Development in accordance with the applicable provisions of the Governing Documents and the applicable provisions of California law. The Association shall have all of the powers set forth in the Governing Documents together with general power to do any and all things that a nonprofit mutual benefit corporation may lawfully do under the laws of the State of California, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Governing Documents.

5.2 Membership. Each Owner of a Lot shall be a Member of the Association and shall remain a Member thereof until such time as his or her Lot ownership ceases for any reason. Membership shall be appurtenant to and may not be separated from ownership of a Lot and shall not be transferred, Packet Page 39 of 798Attachment 3 Page 22 of 44

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encumbered, pledged, alienated, or otherwise hypothecated in any way, except in connection with the sale or encumbrance of the Lot to which it is appurtenant.

5.3 Voting. Only Members shall be entitled to vote, and only one (1) vote shall be cast for each Lot, all as more particularly specified in the Bylaws.

5.4 Board of Directors. The affairs of the Association shall be managed by or under the direction of the Board. The number and qualifications of Directors shall be as established in the Bylaws, and the Directors shall be elected as provided in the Bylaws. The Board of Directors shall have all of the powers and duties set forth in any provision of the Governing Documents, including without limitation such powers and duties as may be expressly set forth in this Declaration.

5.5 Association Rules. The Board shall have the power and the authority to establish, promulgate, amend, repeal, and enforce such rules and regulations, which shall be known as "Rules", as the Board deems necessary for the management and operation of the Development and the conduct of business and affairs of the Association. The Rules may concern, but need not be limited to, matters pertaining to: (a) use of the Common Area; (b) pets; (c) signs; (d) collection and disposal of refuse; (e) minimum standards for maintenance of property; (f) use of recreation facilities, if any; (g) parking and traffic regulations; (h) rental or leasing of Lots; and (i) any other subject matter within the jurisdiction of the Association as provided in the Governing Documents or by law.

5.6 Manager and Other Personnel. The Board shall have the power and authority to employ a manager and such other persons or entities as the Board shall deem appropriate to assist it in managing the Development and conducting the business and affairs of the Association, as more particularly set forth in the Bylaws.

5.7 Insurance. The Board shall procure and maintain liability insurance and property insurance as it shall deem proper and as more particularly set forth in the Bylaws.

5.8 Association Property. The Board of Directors shall have the power to sell, transfer, lease or otherwise dispose of the Association's property, provided that the Board shall not, sell, transfer or otherwise dispose of real property owned by the Association having an aggregate value in excess of ten percent (10%) of the budgeted gross expenses of the Association for that fiscal year without the approval of at least a Simple Majority.

5.9 Transfer of Common Area to Public Agency or Utility. The Board of Directors shall have the power to dedicate or transfer all or any part of the Common Area to a public agency, authority or utility. No such dedication or transfer shall be effective unless it has been approved by Members holding at least two-thirds (2/3) of the Total Voting Power.

5.10 Borrow Money. The Board of Directors shall have the power to borrow money in the name of the Association without approval of the Members.

5.11 Mortgage of Association Property. The Board of Directors shall have the power and authority to mortgage, pledge, encumber, or otherwise hypothecate the real and personal property of the Association for money borrowed or debts incurred by the Association.

5.12 Mergers and Consolidations. The Association may: (a) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes as the Association; or Packet Page 40 of 798Attachment 3 Page 23 of 44

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(b) annex additional property to the Development, provided that the approval of an Absolute Majority is obtained.

5.13 Dissolution. So long as there is any Lot, parcel or area for which the Association is obligated to provide management, maintenance, preservation or control, the consent of all Members must be obtained for the Association to: (a) transfer all or substantially all of its assets; or (b) file a certificate of dissolution.

5.14 Limitation of Liability. Neither the Association nor its Directors, officers, employees, agents or committee members (collectively and individually referred to as the "Released Party") shall be personally liable for damages or in equity to any of the Members, or to any other person, for any error or omission in the discharge of their duties and responsibilities or for their failure to provide any service required hereunder or pursuant to the Bylaws, even if such Released Party is negligent, provided that such Released Party has not acted in bad faith. This standard of care and limitation of liability shall extend, without limitation, to matters such as: (a) the establishment of the Association's annual financial budget; (b) the funding of Association reserve accounts; (c) the discharge of the Association's maintenance, repair and replacement obligations; (d) the enforcement of the Governing Documents; and (e) to any other fiduciary duties or responsibilities imposed by law or the Governing Documents.

ARTICLE 6 ASSESSMENTS AND LIENS

6.1 Covenant of Owner. Each Owner of a Lot within the Development, by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or conveyance, shall be deemed to have covenanted and agreed to pay to the Association: (a) Annual Assessments; (b) Special Assessments; (c) Reimbursement Assessments; and (d) Enforcement Assessments levied by the Association as hereinafter provided, together with all Additional Charges.

Such deed or conveyance shall be deemed to vest in the Association the right and power to initiate all actions and procedures as the Board shall deem necessary or appropriate for the collection of such Assessments and Additional Charges and for the enforcement of the liens hereinafter provided for.

Each Assessment levied by the Association under this Article, together with all Additional Charges, shall be a separate, distinct, and personal debt and obligation of the Owner against whom it is assessed, and shall bind his or her heirs, devisees, personal representatives, successors, and assigns. Such obligation to pay Assessments and Additional Charges and the right and power of the Association to initiate all actions and procedures for collection shall run with the land, so that each successive Owner or Owners of Record of any Lot shall, in turn, become liable to pay all such Assessments and Additional Charges assessed during the time he or she is Record Owner of such Lot.

After an Owner transfers of Record any Lot he or she owns, he or she shall not be liable for any Assessments levied thereafter with respect to such Lot. Such Owner shall remain personally liable, however, for all unpaid amounts due and owing at the time of transfer, together with Additional Charges accruing until time of collection. A Contract Seller of any Lot shall continue to be liable for all Assessments and Additional Charges until a conveyance by deed of such Lot is Recorded.

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6.2 Creation of Lien. Each Assessment levied by the Association pursuant to this Declaration, together with all Additional Charges, shall be a charge upon the land and upon levy shall be secured by a continuing lien upon the property against which such Assessment is levied. The Association shall have a separate lien and a separate lien is hereby created upon each Lot to secure the payment of any such Assessments and Additional Charges as may be levied under this Declaration. The lien provided for herein shall continue to secure all Assessments and Additional Charges levied upon any Lot notwithstanding the transfer of Record title to such Lot, and any such transfer shall be subject to the Association's lien, provided that, prior to such transfer, a Notice of Delinquent Assessment has been Recorded as provided in this Declaration and by law. The priority of all such liens on each Lot shall be in inverse order so that upon the foreclosure of the lien for any particular charge on any Lot, any sale of such Lot pursuant to foreclosure of the lien will be made subject to all liens securing the respective monthly Assessments and Additional Charges on such Lot for succeeding months.

6.3 Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for: (a) managing and operating the Development; (b) conducting the business and affairs of the Association; (c) promoting the recreation, health, safety, welfare, benefit, and interests of the Owners in relationship to the Development; (d) improving and maintaining the Common Area and, to the extent provided for in the Governing Documents or by law, the Lots situated within the Development; (e) enforcing the Governing Documents; and/or (f) otherwise benefitting the Owners.

6.4 Authority of the Board. The Board shall have the power and the duty to levy Annual and Special Assessments sufficient to meet the Association's obligations under the Governing Documents and applicable law.

6.5 Annual Assessment.

Calculation of Estimated Required Funds. Not less than thirty (30) days nor more than ninety (90) days prior to the beginning of each fiscal year, the Board shall complete and distribute to all Owners an estimate of the funds required by the Association for such fiscal year to: (a) manage, administer, operate, and maintain the Development; (b) to conduct the affairs of the Association; and (c) to perform all of the Association's duties in accordance with this Declaration. Such estimate shall include a reasonable amount allocated to contingencies and to a reserve fund for the restoration, repair, and/or replacement of those components for which the Association is responsible and which must be repaired or replaced on a periodic basis.

Allocation of Annual Assessment. The Board shall allocate and assess the amount of estimated required funds equally among the Lots by dividing the amount by the number of Lots.

Payment of Annual Assessments. Unless the Board shall designate otherwise, Annual Assessments shall be levied on an annual basis and shall be paid in twelve (12) equal monthly installments during the fiscal year, and each installment shall be due and payable on the first day of each month.

Increases in Annual Assessment. Pursuant to California Civil Code Section 5605, 5610 except as otherwise provided by law, the Board shall not increase the Annual Assessment for any fiscal year above the amount of the Annual Assessment for the preceding fiscal year by more than the maximum amount permitted by law, except upon Packet Page 42 of 798Attachment 3 Page 25 of 44

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the affirmative vote or written consent of a majority of Members voting on any such increase in the Annual Assessment, provided that a quorum is established. For purposes of the preceding sentence, a quorum shall mean more than fifty percent (50%) of the Members of the Association, notwithstanding any lower quorum requirement which may be set forth in the Bylaws.

6.6 Special Assessments.

Purpose of Special Assessments. If at any time during any fiscal year the Annual Assessment proves inadequate for any reason, including nonpayment of any Owner's share thereof or the unexpected repair, replacement, or reconstruction of Improvements located in the Development, or if funds are otherwise required for any authorized activity of the Association, the Board may levy a Special Assessment in the amount of such actual or estimated inadequacy or cost. The Board may also levy a Special Assessment for capital improvements within the Common Area. The Special Assessment power conferred hereunder is not intended to diminish the Board's obligation to plan and budget for routine maintenance, repair and replacement of Common Facilities through Annual Assessments.

Allocation of Special Assessments. Special Assessments shall be allocated and assessed equally among all Lots in the Development, except any Assessment against an Owner as a result of a deficiency in insurance proceeds or condemnation awards as provided in Article 7 of this Declaration.

Approval of Special Assessments. Except in the case of an emergency situation as defined in California Civil Code Section 5600 - 5650, in any fiscal year the Board may not levy Special Assessments which, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, except upon the affirmative vote or written consent of a majority of the Members voting on any such Special Assessment, provided that a quorum is established. For purposes of the preceding sentence, a quorum shall mean more than fifty percent (50%) of the Members of the Association, notwithstanding any lower quorum requirement which may be set forth in the Bylaws.

6.7 Reimbursement Assessments. The Association shall levy a Reimbursement Assessment against any Owner and his or her Lot if a failure by such Owner, or any person or pet for whom the Owner is responsible, to comply with any provision of the Governing Documents has necessitated or resulted in an expenditure of funds by the Association to deal with such lack of compliance or to bring such Owner or his or her Lot into compliance, or to reimburse the Association for damage caused to the Common Area or Improvements thereon by any Owner or their family, guest, or tenant. The Association shall also levy a Reimbursement Assessment in the event that the Association has expended funds performing emergency repairs as authorized by this Declaration or for any other reasons specifically authorized by the provisions of this Declaration. A Reimbursement Assessment shall include any costs, including attorneys' fees, incurred by the Association, including costs of collecting from an Owner any amount which the Owner is obligated to pay to the Association. A Reimbursement Assessment shall be due and payable to the Association when levied.

6.8 Enforcement Assessments. The Board may levy an Enforcement Assessment (and any fine imposed by the Board in accordance with the provisions of the Governing Documents shall be deemed Packet Page 43 of 798Attachment 3 Page 26 of 44

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to be such an Enforcement Assessment), for violation of any of the provisions of the Governing Documents. Any Enforcement Assessment shall be due and payable to the Association when levied.

6.9 Failure to Fix Assessments. The failure or omission by the Board to fix or levy any Annual Assessment provided for by the terms of this Declaration before the expiration of any fiscal year, for that fiscal year or the next fiscal year, shall not be deemed either a waiver or a modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay Assessments or any installment thereof for that or any subsequent year, but the amount of the Annual Assessment fixed for the preceding fiscal year shall be the amount of the Annual Assessment for the ensuing fiscal year until a new Annual Assessment is levied.

6.10 Offsets. All Assessments levied by the Board shall be payable in the full amount specified, including any Additional Charges imposed as provided by the terms of this Declaration, and no offsets against any such amounts shall be permitted for any reason whatsoever, including without limitation a claim that the Association has failed to properly exercise its duties of maintenance or enforcement.

6.11 Payment Under Protest. If a dispute exists between the Owner of a Lot and the Association regarding any disputed charge or sum levied by the Association, including, but not limited to an Assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits set forth in the Code of Civil Procedure Sections 116.220 and 116.221, or comparable successor statute, the Owner may, in addition to pursing dispute resolution, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney's fees, late charges, and interest, if any, pursuant to subdivision (b) of Section 5650, and commence an action in small claims court. Nothing in this section shall impair the Association's ability to collect delinquent assessments as provided by California law.

6.12 Delinquent Assessments. Any installment or other portion of an Assessment not paid within fifteen (15) days after its due date shall be delinquent and shall be subject to interest and late charges not to exceed the maximum rate permitted by law, as well as all other Additional Charges. The Board, on behalf of the Association, may enforce the payment of any delinquent Assessment Plus Additional Charges by bringing an action at law against any Owner personally obligated to pay the same, or by foreclosing the lien against the Owner's Lot by judicial or non-judicial foreclosure, except as prohibited by law. Except as prohibited by law, upon any delinquency in payment, the Association may, at its option, declare the entire balance of all sums then due or to become d ue from the Owner, immediately due and payable, which total sum may then be included in any suit, action, or other procedure initiated to collect such sums, including all Additional Charges. The Board may commence any procedure for the collection of delinquent Assessments upon its own decision. The remedies provided in this Declaration for collection of delinquent Assessments shall be cumulative and not exclusive.

6.13 Power of Sale. Each Owner does hereby appoint the Association as trustee to enforce and to foreclose any lien which is established pursuant to the terms of this Declaration, by private power of sale, as provided in Division III, Part 4, Title 14, Chapter 2, Article 1, of the California Civil Code, and does further grant to the Board, on behalf of the Association, the authority and power to sell the Lot of such Owner in the event of any default in payment of any Assessments or Additional Charges levied against such Lot, for lawful money of the United States, to the highest bidder, to satisfy such lien, except as prohibited by law. The Association or any Owner may purchase the Lot at the sale.

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6.14 Certificate of Satisfaction and Release of Lien. Upon payment in full of a delinquent Assessment, including any Additional Charges, or the satisfaction thereof, the Board shall Record, in the same manner as the Notice of Delinquent Assessment, a further certificate stating the satisfaction thereof and the release of the lien.

6.15 Priority. Except as otherwise expressly provided by law, the lien securing each of the Assessments provided for under this Article shall have priority as of the date of Recording of the original declaration applicable to the Development over all other liens and encumbrances applicable to the Lots.

Notwithstanding the preceding, a lien for Assessments which have become due and payable prior to the sale of a Lot pursuant to a decree of foreclosure of a First Mortgage, or pursuant to a power of sale contained in any such First Mortgage, shall be subordinate to the lien of any First Mortgage Recorded against the Lot. Such foreclosure sale shall not relieve the Lot from liability for any Assessments and Additional Charges thereafter becoming due, nor from the lien of any subsequent Assessment.

6.16 Association Funds. All Association accounts shall be maintained in one (1) or more banks or other depositories selected by the Board, which accounts shall be clearly designated as belonging to the Association. The Assessments collected by the Association shall be properly deposited into such accounts. The Assessments collected by the Association shall be used for the purposes set forth in Section 6.3 of this Declaration.

6.17 Waiver of Exemptions. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this article, the benefit of any homestead or exemption laws of the State of California in effect at the time any Assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms of this Article.

6.18 Property Exempt From Assessments. The following property subject to this Declaration shall be exempt from the Assessments, Additional Charges, and liens created herein:

All property dedicated to and accepted by the County or other local public authority and devoted to public use.

Any Lot which is owned by the Association as a result of the Association having acquired such Lot through foreclosure. Such exemption shall be applicable only during the period in which the Association is Record Owner of such Lot.

All Common Areas.

6.19 Owner Assignment of Rents. Each Owner hereby presently assigns to the Association, absolutely and regardless of possession of the Lot, all rents and other monies now due or which may hereafter become due under any lease, agreement or otherwise for the use or occupation of any or all parts of any Lot owned by the Owner, now existing or hereafter made, for the purpose of collecting all Assessments due the Association pursuant to this Declaration which are in default. The Association hereby confers on each Owner the authority to collect and retain the rents and other monies derived from any such lease or agreement as they become due and payable, provided that the Association at its s ole discretion, may revoke such authority at any time, upon written notice to the Owner of a default in the payment of any Assessment due hereunder. Upon revocation of such authority the Association may, pursuant to court order or by court-appointed receiver, collect and retain such monies, whether past due and unpaid or current.

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ARTICLE 7 DAMAGE OR DESTRUCTION; CONDEMNATION

7.1 Damage or Destruction. The term "restore" shall mean repairing, rebuilding or reconstructing a damaged Improvement to substantially the same condition and appearance in which it existed prior to fire or other casualty damage. If fire or other casualty damage extends to any Improvement which is so insured, the Association shall proceed with the filing and adjustment of all claims arising under the existing insurance policies. The insurance proceeds shall be paid to and held by the Association.

Bids. Whenever restoration is to be performed pursuant to this Section, the Board shall obtain such bids from responsible licensed contractors to restore the damaged Improvement as the Board deems reasonable; and the Board, on behalf of the Association, shall contract with the contractor whose bid the Board deems to be the most reasonable.

The contractor shall provide a completion bond naming the Association and each affected Owner as beneficiaries.

Sufficient Proceeds. The costs of restoration of the damaged Improvement shall be funded pursuant to the provisions and in the priority established by this Section 7.1.2.

A lower priority procedure shall be utilized only if the aggregate amount of funds then available pursuant to the procedures of higher priority are insufficient to restore the damaged Improvement. Except as expressly provided in this Section, no funds shall be expended unless all funds necessary to restore all damaged Improvements are available.

The following funds and procedures shall be utilized:

The first priority shall be any insurance proceeds paid to the Association under existing insurance policies.

The second priority shall be all reserve account funds designated for the repair or replacement of the capital Improvement(s) which has been damaged.

The third priority shall be funds raised by a Special Assessment against all Owners levied by the Board up to the maximum amount permitted without the approval of the Members in accordance with the limitations set forth in Section

6.5.2. The fourth priority shall be any funds raised by a Special Assessment against Owners levied by the Board pursuant to a vote of the Members pursuant to Section 5.8.3. If the aggregate funds raised pursuant to the foregoing procedures is insufficient to pay the total costs of reconstruction of all damaged Lot(s), then the Association shall determine whether to (a) adopt a plan of alternative reconstruction pursuant to Section 5.8.4 or (b) purchase the damaged Lot(s) pursuant to Section 7.1.5.

Additional Special Assessment. If the total funds available to restore the damaged Improvement pursuant to the first three priorities described in Section 7.1.2 is insufficient to restore the damaged Improvement, then:

With respect to the Lot(s), a special meeting of the Members shall be called for the purpose of voting whether to impose an additional Special Assessment and deciding upon the amount thereof. If an additional Special Assessment in an Packet Page 46 of 798Attachment 3 Page 29 of 44

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amount sufficient to complete the restoration is approved, the Board shall then contract for the restoration of the Lot(s) as described above. If a decision is made not to impose such an additional Special Assessment, a meeting may be called by the Owners whose Lots were damaged for the purpose of voting whether to impose an additional Special Assessment on only those Owners. Any decision to impose such an additional assessment on only the affected Owners must have the affirmative vote of all the affected Owners.

With respect to the Common Area, a special meeting of the Members shall be called for the purpose of voting whether to impose an additional Special Assessment and deciding upon the amount thereof. The Board shall then contract for the restoration of the Common Area as described above, making use of whatever funds are then available to it.

Alternative Reconstruction. If the total funds available to restore the Lot(s) pursuant to Section 7.1.2 are insufficient to restore the Lot(s), then the Board shall consider and propose plans to reconstruct the damaged Lot(s) making use of whatever funds are available to it pursuant to Section 7.1.2 (hereinafter "Alternative Reconstruction"). All proposals shall be presented to all Owners. If all Owners of the damaged Lots (hereinafter "Affected Owners") agree to any plan of Alternative Reconstruction, then the Board shall contract for the reconstruction of the Lots in accordance with the plan of Alternative Reconstruction making use of whatever funds are then available to Purchase of Lots of Affected Owners. If no plan of Alternative Reconstruction is agreed to by all Affected Owners within six (6) months after the date of the damage, then the Board shall seek to obtain the consent of all Affected Owners and their Institutional Mortgagees to the Association's purchase of the Lots of the Affected Owners. The purchase price (hereinafter "Purchase Price") for each Lot shall be the fair market value of the Lot and its Improvements immediately prior to the damage as determined by an independent appraiser selected by the Board with a "Member of the Appraisal Institute" certificate or the equivalent. The Association shall purchase the Lots of the Affected Owners who, together with all of their Institutional Mortgagees, agree to the purchase. If there are insufficient funds to pay the Purchase Price for all Lots to be purchased, then a Special Assessment shall be levied against all Owners. The aggregate amount of the Special Assessment shall be the amount needed to pay the difference between the aggregate amount of available funds allocable to the Lots to be purchased (such allocation to be made by the Board based upon the cost to repair the damaged improvements) and the aggregate fair market values of the Lots to be purchased. This Special Assessment shall be levied without the vote or approval of the Members of the Association. The balance of the available funds shall be distributed to the Affected Owners whose Lots were not purchased by the Association, such distribution to be in proportion to the cost of repair of the damaged improvements as determined by the Board.

Condemnation Of Common Area. If all or any portion of the Common Area is taken for any public or quasi-public use under any statute, by right of eminent domain or by purchase in lieu of eminent domain, the entire award shall be deposited into the Association's operating account until distributed. The Association shall distribute such funds proportionately to all Owners as their interests appear according to the respective fair market values of their Lots at the time of condemnation, as determined by an independent Packet Page 47 of 798Attachment 3 Page 30 of 44

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appraisal made by an independent real estate appraiser with a Member of the Appraisal Institute Certificate or the equivalent, as selected by the Board. The Association shall represent the interests of all Owners.

ARTICLE 8 MAINTENANCE OF PROPERTY

8.1 Association Responsibilities.

Common Area. Except as otherwise specifically provided in this Declaration, the Association shall be responsible for the maintenance, repair, replacement, management, operation, painting and upkeep of Common Area and all Improvements situated in, upon or under the Common Area, including but not limited to the private streets, sanitary sewer system, the domestic and irrigation water supply delivery system (including the backflow preventors and all piping but excluding the water meters), and the storm drainage system.

The Association shall keep the Common Area and Improvements thereon in good condition and repair, provide for all necessary services and cause all acts to be done which may be necessary or proper to assure the maintenance of the Common Area in first class condition.

Lots. The Association's responsibility for the maintenance, repair, and replacement of the Improvements located on the Lots shall be strictly limited to the following:

Painting the exterior of the chimneys.

Maintaining the exterior surface of the boundary fences separating any Lot from the Common Area. Such maintenance shall include refinishing the exterior surface of the fence if that surface was previously finished with paint or stain.

Painting the exterior siding of the Residences.

Maintaining, repairing, and replacing the roof cover, roof structure, gutters, and down spouts located on the Residences.

Painting the exterior of the garage doors and garage door frames of the Residences.

Maintaining, repairing, and replacing, as appropriate, the landscaping within the unenclosed portions of the Lots.

Maintaining, repairing, and replacing all of the mailboxes located on the Lots.

Exterior Lighting. The Association shall maintain, repair, and replace all exterior light fixtures and bulbs connected to the Association's electric service, regardless of whether located on a Lot or the Common Area; but excluding the replacement of inoperable light bulbs in any light fixture located on a Lot and within eight (8) feet of ground level.

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8.2 Owner Responsibilities.

Lot. Except as provided in Section 8.1.2, each Owner shall be responsible for the maintenance, repair, and replacement of his or her Residence, Lot, and all Improvements thereon, including without limitation the exterior doors and door frames, window panes, window screens, window frames, skylights, patio, garage, air conditioning and heating equipment, solar devices, fireplace box, chimney flues and chutes, and all sewer, water, electrical, and other utility service lines located on the Lot.

Each Owner is responsible for the maintenance, repair, and replacement of the chimney, exterior building siding, boundary fences, garage door, and garage door frame, but excluding the exterior painting of these Improvements. Each Owner shall be responsible for replacing any inoperable light bulb in any such light fixture that is (a) located on that Owner's Lot, and (b) located within eight (8) feet of ground level. Each Owner shall be responsible for the maintenance, repair, and replacement of the landscaping located within the enclosed portions of the Owner's Lot.

Exclusive Use Common Area. Each Owner shall be responsible for the following Exclusive Use Common Area components:

Mailbox Locks. Each Owner shall be responsible for maintaining, repairing and replacing the lock on the mailbox which exclusively serves the Owner's Lot.

Driveways. Each Owner shall be responsible for cleaning, maintaining, repairing, and replacing the driveway which provides access to the garage in the Owner's Residence.

Party Fences and Party Walls.

Party Walls and Party Fences. Each Owner of a Party Wall and Party Fence shall be responsible for maintaining, repairing and replacing it. The costs of such maintenance, repair and/or replacement shall be shared equally by the Owners; provided, however, that all costs of any maintenance, repair or replacement necessitated by the negligent or willful action of an Owner shall be borne by that Owner. In the absence of negligent or willful conduct, any necessary maintenance, repair, or replacement performed by an Owner shall entitle that Owner to a right of contribution from the other Owners of the Party Wall and/or Party Fence. The right of contribution shall be appurtenant to the Lot and shall pass to the successor(s) in interest of the Owner entitled to contribution.

Fences Separating Common Area and Lots. Each fence which separates a Lot from Common Area shall be repaired and replaced by the Owner of the Lot.

The Owner shall also maintain the surface of the fence that is accessed from the Owner's backyard. The Association shall maintain the exterior surface of the fence.

Maintenance shall include refinishing the exterior surface of the fence if that surface was previously finished with paint or stain.

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8.3 Owner Failure to Maintain. The Board has the absolute discretion to determine whether any maintenance, repair, or replacement which is the responsibility of an Owner, is necessary to preserve the appearance and value of the property comprising the Development, or any portion thereof, and may notify an Owner of the work the Board deems necessary. Subject to the authority of the Board to authorize immediate emergency repairs as specified in Section 8.5of this Declaration, in the event an Owner fails to perform such work within thirty (30) days after notification by the Board to the Owner, the Board may, after written notice to the Owner and the right of a hearing before the Board, cause such work to be done and charge the cost thereof to the Owner as a Reimbursement Assessment.

8.4 Owner Liability. In the event the need for any maintenance, repair, or replacement by the Association is necessitated by the willful or negligent act or omission of an Owner, members of any Owner's household, or an Owner's tenants, Contract Purchaser, guests, invitees, or household pets, the cost of such maintenance, repair, or replacement, including the cost of materials, labor, supplies, and services shall be charged to, and paid by, such Owner in the form of a Reimbursement Assessment.

8.5 Authority for Entry of Lot. The Association or its agents may enter any Lot, when such entry is necessary, in the Board's sole discretion, in connection with the performance of any maintenance, repair, construction, or replacement for which the Association is responsible for which it is authorized to perform, including without limitation the authorization provided in Section 8.3 of this Declaration.

Although under no obligation to do so, the Board, in its complete and sole discretion, may enter or may authorize the Association's agents to enter any Lot to effect emergency repairs wh ere such repairs are necessary for safety reasons or to prevent or discontinue damage to the entered Lot, any other Lot or the Common Area. The cost of performing any such emergency repairs shall be charged to the Owner as a Reimbursement Assessment. In the case of repairs the Owner has failed to perform, except in case of an emergency, twenty-four (24) hour advance notice shall be given to the Owner or occupant.

8.6 Association Liability. Except as specifically provided in Section 8.1, the Association shall not be responsible or liable for any maintenance, repair, or replacement of a Lot or any Improvement thereon, except to the extent that the need for such maintenance, repair, or replac ement results from the gross negligence of the Association, its employees, contractors, or agents.

8.7 Board Discretion. The Board shall have the discretion to determine the manner, method, extent and timing of the performance of any and all maintenance, repair and replacement obligations imposed upon the Association by this Article.

8.8 Cooperative Maintenance Obligations. To the extent necessary or desirable to accomplish the Association's maintenance and repair obligations hereunder, individual Owners shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work.

ARTICLE 9 ARCHITECTURAL CONTROL

9.1 Submission of Plans and Specifications. Except for Improvements made, or constructed by, or on behalf of, the Association, no Improvements including without limitation Residences, buildings, walls, solar panels, fences, awnings, walls, landscaping, screens, doors, patio covers, or other structures of any kind which is visible from the Common Area, streets, or other Lot within the Development, may be commenced, located, erected, painted or maintained within the Development, nor may any exterior addition to, or change, or alteration therein or alteration to the finished grade elevation, be made until the plans and specifications showing the nature, kind, shape, color, height, size, materials, and location of the Packet Page 50 of 798Attachment 3 Page 33 of 44

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same shall have been submitted to and approved in writing by the Architectural Committee as to:
(a) quality of workmanship and design; (b) harmony of external design in relation to the nature and character of the Development and the Improvements thereon; (c) location in relation to surrounding structures, topography, finished grade elevation; and (d) compliance with the provisions of the Declaration.

9.2 Establishment of Architectural Committee.

Except as provided in Sections 9.2.2 and 9.2.3, below, the Board shall appoint an Architectural Committee to be selected by the Board, who serve at the pleasure of the Board. The Board shall have the power, in its complete discretion and either with or without cause, to remove any member of the Architectural Committee. In the event of death, resignation or removal of any member of the Architectural Committee, the Board shall have the full authority to designate a successor.

The Board may, in its discretion, elect to act as the Architectural Committee without appointing the separate committee provided for in Section 9.2.1.

If a duly-constituted Architectural Committee is not in existence, or if the Board elects to act as the Architectural Committee, the Board shall act as the Architectural Committee in accordance with the terms of this Article 9.

9.3 Duties. It shall be the duty of the Architectural Committee to consider and act upon proposals or plans submitted to it, to perform other duties delegated to it by the Board, and to carry out all other duties imposed upon it by this Declaration.

9.4 Meetings. The Architectural Committee may meet as necessary to properly perform its duties hereunder. Every act done or decision made by a majority of the members of the Architectural Committee shall be the act or decision of the Architectural Committee. The Architectural Committee shall keep and maintain a record of all actions taken by it at any meetings or otherwise. The Architectural Committee and its members shall be entitled to reimbursement for reasonable out -of-pocket expenses incurred by them in the performance of any Architectural Committee function.

9.5 Architectural Rules. The Architectural Committee may, from time to time, and subject to the Board's approval, adopt, amend, and repeal rules and regulations to be known as Architectural Rules.

The Architectural Rules shall interpret and implement the provisions of this Article by setting forth the standards and procedures for Architectural Committee review and guidelines for architectural design, placement of Residences and other structures, color schemes, exterior finishes and materials, and similar features which are recommended for use in the Development; provided, however, that the Architectural Rules shall not be in derogation of the minimum standards required by this Declaration. The Architectural Rules may also impose limits on the days and hours of construction and impose any other restrictions and regulations which the Board deems appropriate to limit the impact of construction activities on the Residents. In its discretion, and subject to the Board review and Section 9.11 of this Declaration, the Architectural Committee may grant variances from specific Architectural Rules subject to such terms and conditions as it deems appropriate.

9.6 Application. Any Owner proposing to perform any work of any kind whatever, which requires prior approval pursuant to this Article, shall apply for approval by notifying the Association, in writing, of the nature of the proposed work and furnishing such information and documentation as the Packet Page 51 of 798Attachment 3 Page 34 of 44

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Architectural Committee or Board may require, including without limitation samples of proposed paints and other finish materials in such sizes and formats as the Committee or the Board may deem appropriate.

In addition to any other remedies the Association may have, the Board may impose a fine against any Owner who fails to obtain the approval required by this Article prior to proceeding with any Improvement, or any alteration to an existing Improvement, for which approval is required pursuant to this Article.

9.7 Expert Review. If at any time the Architectural Committee determines that it would be in the best interest of the community for an Owner-applicant to employ an architect, licensed building designer or engineer to design or review the structural integrity of any proposed Improvement or component thereof, the Architectural Committee shall so advise the Owner in writing of its determination, whereupon all plans and specifications so designated by the Architectural Committee must thereafter bear appropriate evidence of such preparation or review.

9.8 Grant of Approval. The Architectural Committee shall grant the requested approval only if:

The Owner shall have complied with the provisions of Section 9.1, 9.6, and 9.7 of this Declaration;
The Architectural Committee shall find that the plans and specifications conform to: (a) this Declaration and the Architectural Rules in effect at the time such plans were submitted to the Committee, unless a variance is granted from such Architectural Rules pursuant to this Article; (b) will be in harmony with the external design of other structures and/or landscaping within the Development; and (c) will not interfere with the reasonable use and/or enjoyment of any other Lot Owner of his or her property; and The Architectural Committee shall determine that the proposed Improvements would be consistent with the standards of the Development and the purposes of this Declaration as to quality of workmanship, design and materials, as to harmony of exterior design with the existing structures, and as to location with respect to topography and finished grade elevations.

9.9 Form of Approval. All approvals and denials of requests for approval shall be in writing except as provided in Section 9.11 of this Declaration. The Architectural Committee may approve a request for approval subject to the Owner's consent to any modifications made by the Architectural Committee. If the Owner does not consent to the modifications, the request for approval shall be deemed denied in its entirety. Any denial of a request for approval shall include: (a) an explanation of why the request for approval was denied; and (b) a description of the procedure for Board review of the denial as set forth in this Article and any applicable Architectural Rules.

9.10 Time for Architectural Committee Action. The Architectural Committee shall act on a request for approval within thirty (30) days from the date of receipt thereof by the Architectural Committee. Any request for approval which has not been acted on by the Architectural Committee within the preceding time frame shall be deemed approved. The Owner requesting approval shall have the burden of establishing the date of receipt of the request for approval by the Architectural Committee by evidence in the form of either a copy of such request for approval date-stamped by the Association or by certified mail provided by the U. S. Postal service acknowledging that such request for approval was delivered to the Association.

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9.11 Board Review. This section shall only apply if there is a duly organized Architectural Committee, and shall not apply if the Board is acting in the capacity of an Architectural Committee pursuant to this Article. An Owner shall have a right to appeal the decision of the Architectural Committee to the Board, provided that such request shall be presented to within ten (10) days from the date of the Architectural Committee's decision. If a review is conducted: (a) it shall take place during an open meeting of the Board; (b) the Board may affirm, reverse or modify the decision in its discretion and in accordance with the provisions of the Governing Documents; and (c) the Board shall notify the applicant in writing of the Board's decision within fifteen (15) days following the review.

9.12 Commencement. Upon receipt of approval by the Architectural Committee, the Owner shall, as soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of all installation, construction, reconstruction, refinishing, alterations, and excavations pursuant to such approval, commencement to occur, in all cases, within ninety (90) days from the effective date of such approval or upon such later date as the Board may in its discretion designate. If the Owner shall fail to comply with this paragraph, any approval previously given shall be deemed revoked unless the Board, upon written request of the Owner made prior to the expiration of the time for commencement, extends the time for such commencement. No such extension shall be granted except upon a finding by the Board that there has been no change in the circumstances upon which the original approval was granted.

9.13 Completion. The Owner shall, in any event, complete the installation, construction, reconstruction, refinishing, or alteration of any Improvement, within one (1) year after commencing construction thereof (or in the case of projects under construction when this Declaration is Recorded, within one (1) year after the date of Recordation), except and for as long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or his or her agents.

9.14 Inspection. Inspection of work and correction of defects therein shall proceed as follows:

Upon the completion of any installation, construction, reconstruction, alteration, or refinishing of the exterior of any Improvements, or upon the completion of any other work for which approved plans are required under this Article, the Owner shall give written notice thereof to the Architectural Committee.

Within sixty (60) days after the receipt of such written notice, the Architectural Committee, or its duly authorized representative, may inspect such Improvement to determine whether it was installed, constructed, reconstructed, altered, or refinished to substantial compliance with the approved plans. If the Architectural Committee finds that such installation, construction, reconstruction, alteration, or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying particulars of noncompliance and shall require the Owner to remedy such noncompliance.

If the Owner shall have failed to remedy such noncompliance upon the expiration of thirty (30) days from the date of such notification, the Architectural Committee shall notify the Board in writing of such failure. The Board shall then set a date on which a hearing before the Board shall be held regarding the alleged noncompliance. The hearing shall be noticed and conducted in accordance with Section 8.1.4 of the Bylaws.

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At the hearing the Owner, the Architectural Committee and, in the Board's discretion, any other interested person, may present information relevant to the question of the alleged noncompliance. After considering all such information, the Board shall determine whether there is a noncompliance, and, if so, the nature thereof. If a noncompliance exists, the Board shall require the Owner to remedy or remove the same within a period determined in the discretion of the Board. If the Owner does not comply with the Board's ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board may (a) remove the noncomplying Improvement or remedy the noncompliance and all expenses incurred in connection therewith shall be assessed against the Owner as a Reimbursement Assessment, and/or (b) exercise any of the enforcement rights specified in Section 10.5 of this Declaration.

If, for any reason, the Architectural Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of a notice of completion from the Owner, the Improvement shall be deemed to be in accordance with the approved plans.

The Owner shall have the burden of establishing the date of receipt of the notice of completion by the Architectural Committee by evidence in the form of either a copy of such notice date-stamped by the Association's office or by a certified mail provided by the U. S. Postal service acknowledging that such notice was delivered to the Association.

9.15 Non-Waiver. The approval by the Architectural Committee of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under this Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval.

9.16 Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Association by any Owner, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Board), the Board shall Record an estoppel certificate, if permitted by the County of Solano, certifying (with respect to any Lot of such Owner) that as of the date thereof, either: (a) all Improvements made and other work completed by such Owner comply with this Declaration; or (b) such Improvements or work do not so comply, in which event the certificate shall also identify the noncomplying Improvements or work and set forth with particularity the basis of such noncompliance. Any purchaser from the Owner, or from anyone deriving any interest in a Lot through him or her, shall be entitled to rely on such certificate with respect to the matters therein set forth, such matters being conclusive as between the Association and all Owners and such persons deriving any interest through them.

9.17 Liability. Neither the Board, the Architectural Committee nor any member or representative thereof shall be liable to the Association or to any Owner for any damage, loss, or prejudice suffered or claimed on account of: (a) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (c) the development of any property within the Development; (d) the execution and filing of an estoppel certificate pursuant to Section 9.16, above, whether or not the facts therein are correct; provided, however, that the Architectural Committee, the Board or any member or representative thereof has acted in good faith on the basis of such information as may be possessed by it or him or her; provided, however, that the Architectural Committee, the Board or any member or representative thereof has acted in good faith on the basis of such information as may be possessed by it or him or her. Without in any way limiting the generality of the foregoing, the Architectural Committee, the Board or any member or representative thereof, may, but is not required to, Packet Page 54 of 798Attachment 3 Page 37 of 44

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consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee. Every purchaser, by acquiring title to a Lot or portion thereof agrees not to bring any action or suit against the Board, the Architectural Committee, or their members or representatives seeking to recover any such damages.

9.18 Compliance with Governmental Requirements. The application to the Association, and the review and approval of any proposals, plans, or other submittals, shall in no way be deemed to be satisfaction of or compliance with any building permit process or any other governmental requirements, the responsibility for which lies solely with the respective Owner, nor shall it constitute the assumption of any responsibility by or impose any liability on the Board, the Architectural Committee, or their members as to the accuracy, efficacy, or sufficiency of such proposals, plans or other submittals.

9.19 Variances. The Architectural Committee may, with approval of the Board, grant reasonable variances in any procedures specified in this Article 9 in order to overcome practical difficulties, avoid unnecessary expense or prevent unnecessary hardship, provided the following conditions are met:

The Architectural Committee must make a good faith written determination that:
(a) the requested variance does not constitute a material deviation from the overall plan and scheme of the Development or from any restriction contained in the Declaration or that the proposal allows the objectives of the violated restriction(s) to be substantially achieved despite noncompliance; or (b) that the variance relates to a restriction or requirement that is unnecessary or burdensome under the circumstances; or (c) that the variance, if granted, will not result in a material detriment, or create an unreasonable nuisance, with respect to any other Lot, Common Area or Owner in the Development.

After the conclusion of the hearing, the Architectural Committee shall consult with the Board to render a determination to either grant or deny the request for variance in accordance with the standards set forth in this section.

ARTICLE 10 ENFORCEMENT

10.1 Violations as Nuisance. Every act or omission constituting or resulting in a violation of any of the provisions of the Governing Documents shall be deemed to constitute a nuisance. In addition to any other remedies which may be available, such nuisance may be abated or enjoined by the Association, its officers, the Board or by any Owner. The Board shall not be obligated to take action to abate or enjoin a particular violation if, in the exercise of its discretion, the Board determines that acting to abate or enjoin such violation is not likely to foster or protect the interests of the Associatio n and its Members as a whole.

10.2 Violation of Law. Any violation of a state, municipal or local law, ordinance or regulation pertaining to the ownership, occupancy, or use of any property within the Development is hereby declared to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein.

10.3 Owners' Responsibility for Conduct and Damages. Each Owner shall be fully responsible for informing the members of his or her household and his or her tenants, Contract Purchasers, contractors and guests of the provisions of the Governing Documents, and shall be fully responsible for the conduct, Packet Page 55 of 798Attachment 3 Page 38 of 44

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activities, any Governing Document violation of any of them, and for any damage to the Development or the Association resulting from the negligent or intentional conduct of any of them or any household pets.

If a Lot is owned jointly by two (2) or more persons, the liability of each Owner in connection with the obligations imposed by the Governing Documents shall be joint and several.

10.4 No Avoidance. No Owner may avoid the burdens or obligations imposed by the Governing Documents through non-use of any Common Area facilities, if any, or by abandonment of his or her Lot.

10.5 Rights and Remedies of the Association.Enforcement Rights. The Association, its Directors, officers, or agents, and any Owner shall have the right to enforce any and all provisions of the Governing Documents by any proceeding at law or in equity, or through the use of such other remedies as are available and deemed appropriate by the Board. Each remedy provided is cumulative and not exclusive. The Board shall not be obligated to take action to enforce a provision of the Governing Documents if, in the exercise of its discretion, the Board determines that acting to enforce the provision is not likely to foster or protect the interests of the Association and its Members as a whole.

Imposition of Sanctions. In the event of a breach or infraction of any provision of the Governing Documents by an Owner, members of an Owner's household, or his or her tenants, Contract Purchasers, contractors, guests or invitees, the Board shall have the power to impose sanctions against the Owner. Such sanctions may include, without limitation, the imposition of fines and/or the suspension of an Owner's rights as a Member, including an Owner's right to use the recreational or community facilities, if any, on the Common Area. Except as provided in Section 10.7, below, imposition of sanctions shall be effective only after notice and an opportunity for hearing as provided in Section 8.1.4 of the Bylaws. The payment of any such fine may be enforced as an Enforcement Assessment as provided in Section 6.8 of this Declaration as well as in any manner permitted by law. Further, each Owner shall be obligated to pay Reimbursement Assessments levied by the Board for reimbursement of any costs incurred by the Association relating to violation of any provisions of the Governing Documents by the members of such Owner's household and such Owner's tenants, Contract Purchasers, guests, pets, or other invitees.

Inadequacy of Legal Remedy. Except for the non-payment of any Assessment levied pursuant to the provisions of Article 6 of this Declaration, it is hereby declared that a remedy at law to recover damages for a default in the performance of any of the terms and provisions of any of the Governing Documents or for the breach or violation of any such provisions is inadequate and that the failure of any Owner or a member of the household of any Owner or an Owner's tenants, guests, or household pets or any other occupant or user of any of the property within the Development to comply with any provision of the Governing Documents may be enjoined in any judicial proceedings initiated by the Association, its Officers or Board of Directors, or by any Owner or by their respective successors in interest.

Limitation on Disciplinary Rights. The Association shall not have the power and authority to cause a forfeiture or abridgment of a Member's right to the full use and occupancy of his or her Lot as the result of the failure by such Owner, members of such Owner's household, or his or her tenants, guests, invitees or household pets to comply with any provision of the Governing Documents, except where such forfeiture or abridgement is the result of the judgment of a court of competent jurisdiction, a decision arising out of Packet Page 56 of 798Attachment 3 Page 39 of 44

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an arbitration proceeding, or a foreclosure or sale under private power of sale for failure of such Owner to pay Assessments levied by the Association pursuant to Article 6 of this Declaration. The provisions of this subsection shall not affect the Association's right to impose fines or monetary penalties or to suspend an Owner's membership rights, as provided in the Governing Documents.

10.6 Disciplinary Rules. The Board or Rules Committee (appointed by the Board for that purpose) may adopt rules and regulations that further elaborate upon and refine procedures for conducting disciplinary proceedings and otherwise imposing sanctions upon Members of the Association for violation of provisions of the Governing Documents. Such rules, when approved and adopted by the Board, shall be deemed to be a part of the Association Rules provided for in, and constituting a part of, the Governing Documents.

10.7 Emergency Situations. The following shall constitute emergency situations: (a) an immediate and unreasonable threat to the safety of Residents of the Development; (b) a traffic or fire hazard; or (c) a threat of material damage to or destruction of the Development or any portion thereof.

Notwithstanding any other provisions of the Governing Documents, under circumstances involving conduct that constitutes an emergency situation, the Association may undertake immediate corrective or disciplinary action. Hearings with respect to such corrective or disciplinary action shall be in accordance with Section 8.1.4 of the Bylaws.

10.8 Alternative Dispute Resolution. Compliance with California Civil Code Sections 5925 through 5965 and Civil Code Sections 5900 through 5920 shall be required with respect to any dispute subject to such sections.

10.9 Non-Waiver. Failure to enforce any provision of the Governing Documents at any time shall not be deemed a waiver of the right to do so thereafter with respect to the same or any other violation of any provision of the Governing Documents.

10.10 Notices. Any notices required or given under this Article shall conform to Section 8.1.4 of the Bylaws.

10.11 Costs and Attorneys' Fees. In the event the Association shall take any action to enforce any of the provisions of the Governing Documents or shall determine that any Member or members of his or her household or his or her tenants, Contract Purchasers, guests, invitees or household pets have violated any provision of the Governing Documents, and whether or not legal or judicial proceedings are initiated, the prevailing party shall be entitled to recover the full amount of all costs incurred, including attorneys' fees, in responding to such a violation and/or in enforcing any Governing Document provision.

The remedies of the Association to recover the amount of such costs and attorneys' fees shall include, without limitation, the imposition of a Reimbursement Assessment as provided in Section 6.7 of this Declaration.

10.12 Indemnification. Each Owner, by acceptance of his or her deed, agrees for himself or herself and for the members of his or her household, his or her Contract Purchasers, tenants, guests or invitees, to: (a) indemnify each and every other Owner for; (b) to hold each and every other Owner harmless from; and (c) to defend each and every other Owner against, any claim of any person for personal injury or property damage occurring within the Lot of such Owner, except that such Owner's liability may be diminished to the extent that the injury or damage occurred by reason of the negligence of any other Owner or person temporarily visiting in such Lot or is fully covered by insurance.

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10.13 Agency as Third Party Beneficiary. The Agency is hereby declared to be a third party beneficiary with rights of enforcement with respect to Sections 4.16.3, 4.17, 4.18, 4.19, and 11.4.

ARTICLE 11 AMENDMENT

11.1 Amendments by Members. This Declaration may be amended by the affirmative vote or written consent of fifty-one percent (51%) of the Members. Any amendment of the Declaration shall be signed and acknowledged by the duly authorized officers of the Association and shall be Recorded.

11.2 Amendments by Board. The Board of Directors may, without the approval of the Members, amend any part of this Declaration to the limited extent necessary to comply with the lending requirements of any federally chartered lending institution or to comply with a mandatory change in applicable federal, state or local legislation.

Certain provisions of this Declaration reflect legal requirements prescribed by Federal law, California law, and other governmental statutes and regulations. In the event that any such laws, statutes or regulations are amended, revoked, or supplemented, the Board of Directors may, by the affirmative vote of a majority of the Directors present at a meeting at which a quorum has been established, amend the Declaration to reflect the underlying law, statute or regulation. The purpose of this provision is to provide the Members with notice of current legal requirements which affect their rights and obligations as they pertain to their Lot and membership within the Association.

11.3 Restatement of the Declaration. The Board of Directors may, by the affirmative vote of a majority of the Directors present at a meeting at which a quorum has been established, restate the Declaration when it has been properly amended pursuant to this Article. Any such restatement shall supersede any prior declarations and amendments in their entirety, but shall not affect the priority of any previous declarations or amendments in the chain of title to all Lots within the Development as established by the initial date of recordation of the original declaration for the Development. Such restatement may also:

Add, delete, or rearrange the text of the Declaration to maintain consistency with any amendments including, but not limited to, altering the title and numbering of the restatement;
Delete material that is no longer legally effective;
Add text which indicates that the Board of Directors has authorized the restatement and otherwise describes the background of the Development and the restatement process, and
Correct any errors or inaccuracies in the Declaration, including but not limited to, the legal description of the properties in the Development.

11.4 Agency Consent. Notwithstanding the provisions of this Article 11, the provisions of this Article 11, the following shall not be amended or terminated without the prior written consent of the Agency: (a) the provisions of this Declaration relating to the maintenance, repair, replacement, management, operation, and upkeep of the streets, the sanitary sewer system, the domestic and irrigation water supply delivery system, and the storm drainage system, and (b) Sections 4.16.1.2, 4.16.3.2, 4.17,

4.18.4, 4.19, 10.13, and this Section 11.4.

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ARTICLE 12 GENERAL PROVISIONS

12.1 Headings. The headings used in this Declaration are for convenience only and are not to be used in interpreting the meaning of any of the provisions of this Declaration, or otherwise.

12.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision hereof shall not invalidate any other provisions hereof.

12.3 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of fostering a plan of community ownership and occupancy and of management of the Development for the benefit of the community.

12.4 Number; Gender. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter, as the context requires.

12.5 Easements Reserved and Granted. Any and all easements referred to herein shall be deemed reserved or granted, or both reserved and granted, as appropriate, by reference to this Declaration in a deed to any Lot.

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IN WITNESS WHEREOF, Members of the Southbridge Owners' Association consisting at least sixty-seven percent (67%) of the Members hereby affirm, approve, and adopt this First Restated Declaration of Covenants, Conditions, and Restrictions of Southbridge pursuant to the requirements of Section 10.1.2 of the Original Declaration.

DATED: , 2022 SOUTHBRIDGE OWNERS' ASSOCIATION a California nonprofit mutual benefit corporation

, President

, Secretary

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Exhibit "A"

LEGAL DESCRIPTION

Lots 1 through 88, inclusive, and Lots 89 through 91, inclusive, as shown on the subdivision map entitled "Final Map, Southbridge Townhomes" filed for record on February 6, 1995; in Book 65 of Maps at Page 43, et seq., in the Official Records of County of Solano, State of California.

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Agenda Item No: 8.

AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Joint Public Hearing of the City Council of the City of Fairfield and Housing Authority Adopting Resolutions Approving the MidCycle Update to Fiscal Year 202122 and 202223 Budget and Financial Plan:

Resolution 2022120 of the City Council of the City of Fairfield Appropriating the Fiscal Year 202223 Budget and Updating the Financial Plan for the City of Fairfield; and Resolution HA202207 of the City of Fairfield Housing Authority Appropriating the Fiscal Year 202223 Budget and Updating the Financial Plan; and Resolution 2022121 of the City Council of the City of Fairfield Approving the Fiscal Year 202223 General Obligation Bond Property Tax Rates; and Resolution 2022122 of the City Council of the City of Fairfield Establishing the Fiscal Year 202223 Appropriations Limit; and
Resolution 2022123 of the City Council of the City of Fairfield Making Certain Findings Related to Development Impact Fees; and
Resolution 2022124 of the City Council of the City of Fairfield Approving Vehicle And Equipment Purchases for the Fiscal Year 202223
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The Fiscal Year (FY) 202122 and 202223 Budget is available both as a written document and on the City’s website. The attached resolutions comprise the MidCycle Update to the FY 202122 and 2022 23 Budget.

DISCUSSION
The attached resolutions do the following:

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Budget Resolutions – approves appropriations for all funds, updates the Financial Plan, and includes revised staffing schedules for the City and Housing Authority budgets.

General Obligation Bonds Resolution – approves General Obligation Bond property tax rates for the costs of the North Bay Aqueduct.

Proposition 4 Appropriations Limit Resolution – approves the FY 202223 Proposition 4 appropriations limit as required by State law. Fairfield continues to be under this Statedefined limit.

AB 1600 Development Fee Findings Resolution – is an annual findings resolution required by State law on the status of AB 1600 fees that have been deposited with the City (the resolution itself does not change AB 1600 fees).

Vehicle and Equipment Purchases Resolution – approves vehicle and equipment purchases for FY 202223.

FINANCIAL IMPACT
Fiscal impacts are discussed comprehensively in the budget document.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public notice was published in the Daily Republic on June 3 and June 10, 2022.

ALTERNATIVE ACTION
The following alternative actions are possible:

Budget – Revise resolutions. State law does not require a specific form of budget, but it is fiscally prudent to authorize a spending plan for each fiscal year.

General Obligation Bonds – Do not approve property tax rates. This would shift $429,000 of costs to the General Fund.

Prop 4 Appropriations Limit – State law requires the adoption of this limit with the annual budget.

The limit factors are defined by the State.

AB 1600 Development Fee Findings – State law requires that annual findings be adopted, which the City does at the time of budget adoption.

Vehicle and Equipment Purchases – Do not approve vehicle and equipment purchases for FY 202223. This would cause increased delays in the purchases of necessary vehicles and equipment.

STAFF CONTACT
Ashley Doyle, Budget Officer
(707) 4287596
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department, Fire Department, Human Resources Department, Parks and Recreation Department, Police Department, Public Works Department, Information Technology, Housing Services Department
ATTACHMENTS:

Description
Attachment 1: Budget Resolution
Attachment 2: HA Resolution
Attachment 3: GO Bonds Resolution
Packet Page 63 of 798

Agenda Item No: 8.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Joint Public Hearing of the City Council of the City of Fairfield and Housing AuthorityAdopting Resolutions Approving the MidCycle Update to Fiscal Year 202122 and202223 Budget and Financial Plan:Resolution 2022120 of the City Council of the City of Fairfield Appropriating the FiscalYear 202223 Budget and Updating the Financial Plan for the City of Fairfield; andResolution HA202207 of the City of Fairfield Housing Authority Appropriating theFiscal Year 202223 Budget and Updating the Financial Plan; andResolution 2022121 of the City Council of the City of Fairfield Approving the FiscalYear 202223 General Obligation Bond Property Tax Rates; andResolution 2022122 of the City Council of the City of Fairfield Establishing the FiscalYear 202223 Appropriations Limit; andResolution 2022123 of the City Council of the City of Fairfield Making Certain FindingsRelated to Development Impact Fees; andResolution 2022124 of the City Council of the City of Fairfield Approving Vehicle AndEquipment Purchases for the Fiscal Year 202223RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe Fiscal Year (FY) 202122 and 202223 Budget is available both as a written document and on theCity’s website. The attached resolutions comprise the MidCycle Update to the FY 202122 and 202223 Budget.DISCUSSIONThe attached resolutions do the following:Budget Resolutions – approves appropriations for all funds, updates the Financial Plan, andincludes revised staffing schedules for the City and Housing Authority budgets.General Obligation Bonds Resolution – approves General Obligation Bond property tax rates forthe costs of the North Bay Aqueduct.Proposition 4 Appropriations Limit Resolution – approves the FY 202223 Proposition 4appropriations limit as required by State law. Fairfield continues to be under this Statedefinedlimit.AB 1600 Development Fee Findings Resolution – is an annual findings resolution required byState law on the status of AB 1600 fees that have been deposited with the City (the resolutionitself does not change AB 1600 fees).Vehicle and Equipment Purchases Resolution – approves vehicle and equipment purchases forFY 202223.FINANCIAL IMPACTFiscal impacts are discussed comprehensively in the budget document.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONPublic notice was published in the Daily Republic on June 3 and June 10, 2022.ALTERNATIVE ACTIONThe following alternative actions are possible:Budget – Revise resolutions. State law does not require a specific form of budget, but it is fiscallyprudent to authorize a spending plan for each fiscal year.General Obligation Bonds – Do not approve property tax rates. This would shift $429,000 of coststo the General Fund.Prop 4 Appropriations Limit – State law requires the adoption of this limit with the annual budget.The limit factors are defined by the State.AB 1600 Development Fee Findings – State law requires that annual findings be adopted, whichthe City does at the time of budget adoption.Vehicle and Equipment Purchases – Do not approve vehicle and equipment purchases for FY202223. This would cause increased delays in the purchases of necessary vehicles andequipment.STAFF CONTACTAshley Doyle, Budget Officer(707) 428[email protected] WITHCity Attorney's Office, City Manager's Office, Community Development Department, FinanceDepartment, Fire Department, Human Resources Department, Parks and RecreationDepartment, Police Department, Public Works Department, Information Technology, Housing ServicesDepartmentATTACHMENTS:DescriptionAttachment 1: Budget Resolution Attachment 2: HA Resolution
Attachment 3: GO Bonds Resolution
Attachment 4: Prop 4 Limit Resolution
Attachment 5: Exhibit A
Attachment 6: AB 1600 Update Resolution
Attachment 7: Vehicle and Equipment Purchases Resolution Attachment 8: Exhibit B
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 6/9/2022 11:47 AM
Packet Page 64 of 798

CITY OF FAIRFIELD

RESOLUTION NO. 2022-120

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROPRIATING THE FISCAL YEAR 2022-23 BUDGET AND UPDATING THE FINANCIAL PLAN FOR THE CITY OF FAIRFIELD

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

Section 1. The estimated revenues, expenditures and transfers, including cost allocation plan contributions, as proposed for Fiscal Year (FY) 2021-22 and 2022-23, for all funds as set forth within the “Mid Cycle Update to FY 2021-22 and 2022-23 Budget” are hereby approved.

Section 2. The updated Financial Plan is hereby approved as an operating guideline for the scheduling and implementation of all City capital projects, bond issuance, and interfund transfers, loans and repayments; provided, that such projects, bonds and loans are subject to subsequent specific City Council approval.

Section 3. All revenues subsequently received by City funds in excess of amounts appropriated by this resolution for FY 2021-22 and 2022-23 are hereby appropriated for purposes of Article XIIIB to their respective undesignated fund balances.

Section 4. Pursuant to Res. 99-286, the salary schedule for City employees incorporated into this budget is hereby approved. The positions autho rized in the staffing schedule for FY 2022-23 are hereby approved. Effective the first full pay period in July 202 2, non-represented Confidential Non-Manager employees shall receive a six percent (6%) base wage increase, which is an increase equal to that received by represented employees per Resolution 2022-100. Effective the first full pay period in July 2022, non-represented Confidential Manager, Executive, and City Manager employees shall receive a five percent (5%) base wage increase, which is an increase equal to that received by represented employees per Resolution 2022-101.

Section 5. The city manager and director of finance are hereby authorized to implement this resolution, including issuing the Approved FY 2021-22 and 2022-23 Budget, together with any non- substantive corrections to the Proposed Budget document.

Packet Page 65 of 798Attachment 1 Page 1 of 2

RES. NO. 2022-120

Page 2 ends

PASSED AND ADOPTED this 21st day of June, 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 66 of 798Attachment 1 Page 2 of 2

FAIRFIELD HOUSING AUTHORITY

RESOLUTION HA2022-07

RESOLUTION OF THE CITY OF FAIRFIELD HOUSING AUTHORITY APPROPRIATING THE FISCAL YEAR 2022-23 BUDGET AND UPDATING THE FINANCIAL PLAN

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The estimated revenues, expenditures and transfers as proposed and set forth within the Fiscal Year 2022-23 Budget, with respect to all Housing Authority funds contained therein, are hereby appropriated.

Section 2. The Financial Plan is hereby approved as an operating guideline for the scheduling and implementation of all Housing Authority capital projects, bond issuances, and interfund transfers, loans and repayments; provided that such projects, bonds and loans are subject to subsequent specific Housing Authority approval.

Section 3. The executive director is hereby authorized to implement this resolution, including submittal of the necessary budget documentation to the U.S. Department of Housing and Urban Development.

PASSED AND ADOPTED this 21st day of June, 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 67 of 798Attachment 2 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-121

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FISCAL YEAR 2022-23 GENERAL OBLIGATION BOND PROPERTY TAX RATES

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

Section 1. A zone of benefit property tax rate of 0.002200 for Fiscal Year (FY) 2022-23 is hereby fixed and established in the amount required to pay $429,000 for the City of Fairfield FY 2022-23 unit costs of the North Bay Aqueduct and the obligation for repayment of the "up-front" costs and advances for the North Bay Aqueduct Project, based on the assessed valuation that will be reported by the County Assessor for the FY 2022-23 assessment roll, and the County of Solano is hereby requested to levy said rate.

Section 2. The city manager is hereby authorized to implement this resolution.

PASSED AND ADOPTED this 21st day of June, 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 68 of 798Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-122

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING THE FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT

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

Section 1. Pursuant to Government Code Section 7910 and Article XIIIB of the California Constitution the approved appropriations limit for Fiscal Year 2022-23 as calculated pursuant to Exhibit A, is hereby established at $296,737,000.

Section 2. The city manager is hereby authorized to implement this resolution.

PASSED AND ADOPTED this 21st day of June, 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 69 of 798Attachment 4 Page 1 of 1

Exhibit A
Proposition 4 (Gann Limit) Analysis

Section 7910 of the California Government Code and Article XIIIB of the California Constitution (referred to as the “Gann Limit”) restrict the amount of revenue that cities can appropriate in any fiscal year.

Annually, the City must adopt a resolution to approve the appropriations limit based on actual appropriations in FY 1978-79, adjusted by a.) the greater of growth in California per capita income or the percentage change in the local assessment roll from the preceding year due to the addition of new nonresidential construction in the City, and b.) the greater of the growth in City or County population.

Section 37200 requires that the Gann Limit and the total appropriations subject to the limitation be published in the annual budget. The City’s limitation is calculated annually and was adopted by City Council resolution as part of its annual operating budget. Below is the calculation.

Actual Projected Projected
FY 2020/21 FY 2021/22 FY 2022/23
Growth Factors A & B (use the greater of each)
(A) City Population Growth Factor (%) OR 0.97% 0.39% -0.15% County Population Growth Factor 0.23% -0.16% -0.58%
(B)
% change due to non-residential construction-
Not Available
Per capita personal income % change over prior
year 3.73% 5.73% 7.55%
New Factor to Apply to Prop 4 Limit

(City or County population factor X change in
non-residential construction) OR N/A N/A N/A

(City or County population factor X change in per
capita personal income) 1.0474 1.0614 1.0739
Gann Limit
260,333,000

276,317,000

296,737,000
Estimated Revenues Subject to the Limit
101,459,155

106,006,348

110,179,674
Unused Appropriations Limit
158,873,845

170,310,652

186,557,326

The following represents a trend analysis of the appropriations limit versus the net proceeds of taxes for the last five fiscal years. The City expects to remain under its appropriations limit well into the future.

92 93 101 106 110
147 156 159 170 187
-
50 100
150
200
250
300
350
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23Millions Revenues Subject to Limit Unused Appropriations Limit
Packet Page 70 of 798Attachment 5 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-123

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD MAKING CERTAIN FINDINGS

RELATED TO DEVELOPMENT IMPACT FEES

WHEREAS, the City imposes Development Impact Fees pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq. and commonly referred to as AB 1600) and Article XI of Chapter 25 of the Fairfield Municipal Code; and

WHEREAS, Section 25.1508 of the Fairfield Municipal Code requires the City Council to make certain findings once each year with respect to the status of fees which have been deposited with the City for five or more years and remain unexpended.

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

Section 1. In accordance with AB 1600 and Section 25.1508 of the Fairfield Municipal Code, the City Council makes the following findings:

A. All of the AB 1600 fees collected by the City of Fairfield from June 20, 1995 to June 30, 2022, have either been expended on, or are committed to, the capital projects identified in the Final Report on Capital Projects which was submitted to the council on March 24, 1995, and updated in the AB 1600 Plan Update Technical Report, which was approved by council in Resolution 2006-155 on November 21, 2006, and also partially updated in the Final Report on Citywide Transportation Impact Fee and Park Impact Fee Update and Report on Northeast Area Fees, which were approved by council in Resolution 2013-69 on May 7, 2013.

B. The purpose of the AB 1600 fees is to construct "public facilities," including streets, traffic signals, urban design features, government buildings, parks and recreational facilities, sewer and drainage infrastructure, and greenbelt preservation.

C. The City caused the preparation of development impact fee nexus studies in 1995, 2002, 2006, and 2013 (the “Nexus Studies”). The Nexus Studies demonstrate the reasonable relationship between the fees and the purposes for which they are being used.

Section 2. The Fiscal Year (FY) 2022-23 Budget and Five-Year Capital Improvement Program shows current sources and amounts of funding and dates for construction for incomplete projects.

Packet Page 71 of 798Attachment 6 Page 1 of 2

RES. NO. 2022-123

Page 2 ends

Section 3. As part of the City's normal budget process the council sets the schedule for AB 1600 projects and allocates the available funding. The City's FY 2022-23 Budget and Five-Year Capital Improvement Program shows the current project schedule.

PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 72 of 798Attachment 6 Page 2 of 2

CITY OF FAIRFIELD

RESOLUTION NO. 2022-124

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING VEHICLE AND EQUIPMENT PURCHASES FOR THE FISCAL YEAR 2022-23

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

Section 1. City Council adopts the Fiscal Year 2022-23 Vehicle and Equipment Purchases provided in Exhibit B.

Section 2. The council suspends competitive bidding when utilizing a cooperative purchase agreement and hereby authorizes the city manager to approve their use in Vehicle and Equipment Purchases provided in Exhibit B.

Section 3. The city manager is hereby authorized to approve the purchase amounts in Exhibit B, not to exceed 20%. Additional costs shall be paid out of the department ’s operating budget.

PASSED AND ADOPTED this 21st day of June, 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 73 of 798Attachment 7 Page 1 of 1

City of Fairfield
Vehicle and Equipment Purchases FY 2022‐23
Exhibit B
Department/Division Funding Source Unit # Description Current Model Year Amount Fire 512‐55‐009 TBD Ford F‐450 12' Stake Bed 4X4 115,000 Fire 512‐55‐009 TBD Skeeter combo 385,000
NBR 512‐77‐201 2598 GEM 2002 40,000
NBR 512‐77‐201 11117 TRUCK ‐ 1‐1/2 TON ‐ UTIL BED ‐ CRANE 2011 175,000 Park Rangers 512‐61‐009 9466 Polaris 6x6 2009 40,000
Police 512‐54‐004 30 FORD WINSTAR 2003 65,000
Police 512‐54‐004 48 FORD F350 Super Crew 2002 95,000
Police 512‐54‐004 163 FORD TAURUS 2002 46,000
Police 512‐54‐004 166 FORD TAURUS 2007 46,000
Police 512‐54‐004 197 FORD CROWN VIC 2007 86,000
Police 512‐54‐004 198 MERC GRAND MARQ 2008 86,000
Police 512‐54‐004 202 FORD CROWN VIC 2008 86,000
Police 512‐54‐004 85 FORD CROWN VIC 2005 86,000
Police 512‐54‐004 164 FORD TAURUS 2002 52,000
PW‐BLDG 512‐72‐001 13045 FORD F‐150 2013 75,000
PW‐BLDG 512‐72‐001 13188 FORD E‐250 2013 80,000
PW‐BLDG 512‐72‐001 11146 Ford E‐250 Van 2011 80,000
PW‐BLDG 512‐72‐001 56 Ford E‐350 van 2002 80,000
PW‐BLDG 512‐72‐001 7098 Ford F‐250 2007 85,000
PW‐Fleet 512‐74‐001 49 Ford F‐150 1997 70,000
PW‐Fleet 512‐74‐001 9978 Nissan 60 Forklift 1999 90,000 PW‐Fleet 512‐74‐001 12040 Ford F‐150 2012 70,000
PW‐HEART 512‐67‐003 9537 Landa graffiti trailer 2009 39,000 PW‐STR 512‐65‐005 10326 INTERNATIONAL  7400 2010 230,000 PW‐STR 512‐65‐005 12407 MARKSMAN Tank Trailer 2012 10,000 PW‐STR 512‐65‐005 13489 CASE 570NXT 2013 140,000
PW‐STR 512‐65‐005 11533 Zieman trailer 15,000
PW‐STR 512‐65‐005 12202 Ford F‐250 2012 85,000
PW‐TRA 512‐64‐001 13051 FORD  F‐150 2013 60,000
PW‐TRA 512‐64‐001 463 EAGLE  TRAILER ‐ CRT002 2003 15,000 PW‐TRA 512‐64‐001 8215 FORD F‐450 2008 155,000
PW‐TRA 512‐64‐001 11047 FORD  F‐150 2011 70,000
PW‐TRA 512‐64‐001 11103 FORD  F‐150 SUPER 2011 70,000
PW‐TRA 512‐64‐001 18537 LANDA  PGHW5‐35324E 2018 35,000 PW‐TRA 512‐64‐001 13051 FORD  F150 2013 70,000
PW‐TRA 512‐64‐001 13570 2013 WANCO Trailer Sign Board 2013 30,000 PW‐TRA 512‐64‐001 13337 FORD F‐550 2013 275,000
PW‐TRE 512‐69‐001 12227 FORD F‐150 2012 65,000
Sewer 512‐71‐001 7231 VAN ‐ CARGO ‐ 1‐1/2 TON 2006 113,500 Storm Drains 512‐65‐007 12227 Ford F‐150 Supercab 2012 65,000 Utility Cut Crew 512‐65‐002 10327 INTERNATIONAL 10 WHEEL DUMP 2010 230,000 Water Distribution 512‐77‐001 462 TRAILER ‐ 23 FEET ‐ 28700 GVWR 2 AXLE 2003 52,000 Water Distribution 512‐77‐001 480 TRAILER ‐ 22 FEET ‐ 2400 LBS 2003 12,500 Water Distribution 512‐77‐001 8535 TRAILER ‐ BOX ‐ 6 X 10 FEET 2008 19,000 Water Distribution 512‐77‐001 11328 TRUCK ‐ DUMP ‐ 10 WHEEL 2011 230,000 Water Distribution 512‐77‐001 12044 PICKUP ‐ 3/4 TON ‐ UTIL BED 2012 85,000 Water Distribution 512‐77‐001 13101 PICKUP ‐ 3/4 TON ‐ UTIL BED 2013 85,000 Water Distribution 512‐77‐001 13109 PICKUP ‐ 3/4 TON ‐ SUPER CAB ‐ UTIL BED 2013 102,000 Water Distribution 512‐77‐001 13304 TRUCK ‐ 1 TON ‐ FLAT BED ‐ VALVE TURNIN 2013 125,000 Water Distribution 512‐77‐001 14174 PICKUP ‐ 1/2 TON ‐ SUPER CAB 2014 82,000 Waterman 512‐77‐003 95 F‐250 Utility 2003 85,000
Waterman 512‐77‐003 7361 TRACTOR 2007 68,000
Waterman 512‐77‐003 22054 Ford F‐150 Lightning 2010 64,500 Waterman 512‐77‐003 14409 MOWER ‐ BRUSH CUTTER 2014 13,000 Total 4,828,500
Packet Page 74 of 798Attachment 8 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022125 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 safely; or
Packet Page 75 of 798

Agenda Item No: 9.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022125 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 personwould present 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 daysfollowing 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
Karen Rees, City Clerk
(707) 4287767
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Ballard, Kelly Approved 5/2/2022 4:09 PM
Packet Page 76 of 798

CITY OF FAIRFIELD

RESOLUTION NO. 2022-125

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 exists:

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 77 of 798Attachment 1 Page 1 of 3

RES. NO. 2022-125

Page 2 ends

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

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

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

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

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

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

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

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

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

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

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

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

Packet Page 78 of 798Attachment 1 Page 2 of 3

RES. NO. 2022-125

Page 3 ends

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

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

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

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

PASSED AND ADOPTED this 21st day of June, 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 79 of 798Attachment 1 Page 3 of 3

Agenda Item No: 10.

AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022126 of the City Council of the City of Fairfield Calling and Providing for a General Municipal Election to be Held in the City of Fairfield on Tuesday, November 8, 2022, to Elect City Officers and to Request the Solano County Board of Supervisors to Consolidate the General Municipal Election with the Statewide Election on that Date; and
Resolution 2022127 of the City Council of the City of Fairfield Requesting the Solano County Board of Supervisors to Permit the County Registrar of Voters to Render Services in Connection with the General Municipal Election to be Held on Tuesday, November 8, 2022, and Authorizing the Solano County Board of Supervisors to Canvass the Returns of the Election; Determining Charges for Candidates’ Statements; and Authorize the City Clerk to Publish the Notice of Election RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
Both resolutions are related to the November 8, 2022, General Municipal Election. The first resolution calls for the election to be held on November 8, 2022, to elect one Mayor and three City Councilmembers in Districts 1, 3, and 5, and calls for the election to be consolidated with the statewide election on that date. All open seats are for a fouryear term.

The second resolution requests the Solano County Board of Supervisors to permit the Solano County Registrar of Voters to administer the election and related election services.

DISCUSSION
The City’s Municipal Code provides for general municipal elections to be held on the first Tuesday after the first Monday in November of each evennumbered year. This year, the election will take place on November 8, 2022.

The first resolution calls for the election to be held on November 8, 2022, to elect one mayor and three councilmembers in Districts 1, 3, and 5. It also calls for the election to be consolidated with the statewide election on that date.

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The second resolution requests the Solano County Board of Supervisors to permit the Solano County Registrar of Voters to provide election services to the City and establish charges for the candidates’ ballot statements. The resolution authorizes the city clerk to publish a notice of the election with the seats to be filled and a later notice which contains a list of the candidates in the order in which they will appear on the ballot. The resolution also authorizes the Registrar of Voters to render the following election services:

Precinct consolidation, the establishment of polling places, retention of election officers, and preparation/mailing of notices of appointment;
Printing of sample ballots and envelopes, ballot measures, polling place cards, ballot arguments, and mailing of the same to registered voters;
Printing of official ballots;
Purchasing of precinct and absentee voter supplies;
Provisions for absentee voting at the Registrar of Voters, Elections Division; Cartage of voting booths, ballots, ballot boxes, and precinct supplies to and from precincts; Supervision and conduct of the election;
Tabulation of votes;
Canvassing of the returns;
All things necessary or incidental to the above functions as may be requested from time to time by the city clerk.

FINANCIAL IMPACT
The City reimburses Solano County in full for the services provided by the Registrar of Voters to administer the election. This year, the election cost has been estimated at $5 per registered voter. The City of Fairfield currently has 63,716 registered voters. Using the $5 per registered voter figure received from the Solano County Registrar of Voters, this year’s election will cost approximately $318,580. Election costs are paid from the City’s General Fund (Fund 011 and Responsibility Code 11007).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
No other alternative courses of action are recommended.

STAFF CONTACT
Karen L. Rees, City Clerk
(707) 4287767
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Calling for the election and consolidation Resolution Attachment 2: Requesting Council Election Services Resolution REVIEWERS:

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Agenda Item No: 10.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022126 of the City Council of the City of Fairfield Calling and Providing fora General Municipal Election to be Held in the City of Fairfield on Tuesday, November8, 2022, to Elect City Officers and to Request the Solano County Board of Supervisorsto Consolidate the General Municipal Election with the Statewide Election on that Date;andResolution 2022127 of the City Council of the City of Fairfield Requesting the SolanoCounty Board of Supervisors to Permit the County Registrar of Voters to RenderServices in Connection with the General Municipal Election to be Held on Tuesday,November 8, 2022, and Authorizing the Solano County Board of Supervisors toCanvass the Returns of the Election; Determining Charges for Candidates’ Statements;and Authorize the City Clerk to Publish the Notice of ElectionRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEBoth resolutions are related to the November 8, 2022, General Municipal Election. The first resolutioncalls for the election to be held on November 8, 2022, to elect one Mayor and three CityCouncilmembers in Districts 1, 3, and 5, and calls for the election to be consolidated with the statewideelection on that date. All open seats are for a fouryear term. The second resolution requests the Solano County Board of Supervisors to permit the Solano CountyRegistrar of Voters to administer the election and related election services.DISCUSSIONThe City’s Municipal Code provides for general municipal elections to be held on the first Tuesday afterthe first Monday in November of each evennumbered year. This year, the election will take place onNovember 8, 2022.The first resolution calls for the election to be held on November 8, 2022, to elect one mayor and threecouncilmembers in Districts 1, 3, and 5. It also calls for the election to be consolidated with thestatewide election on that date. The second resolution requests the Solano County Board of Supervisors to permit the Solano CountyRegistrar of Voters to provide election services to the City and establish charges for the candidates’ballot statements. The resolution authorizes the city clerk to publish a notice of the election with theseats to be filled and a later notice which contains a list of the candidates in the order in which they willappear on the ballot. The resolution also authorizes the Registrar of Voters to render the followingelection services:Precinct consolidation, the establishment of polling places, retention of election officers, andpreparation/mailing of notices of appointment;Printing of sample ballots and envelopes, ballot measures, polling place cards, ballot arguments,and mailing of the same to registered voters;Printing of official ballots;Purchasing of precinct and absentee voter supplies;Provisions for absentee voting at the Registrar of Voters, Elections Division;Cartage of voting booths, ballots, ballot boxes, and precinct supplies to and from precincts;Supervision and conduct of the election;Tabulation of votes;Canvassing of the returns;All things necessary or incidental to the above functions as may be requested from time to time bythe city clerk.FINANCIAL IMPACTThe City reimburses Solano County in full for the services provided by the Registrar of Voters toadminister the election. This year, the election cost has been estimated at $5 per registered voter. TheCity of Fairfield currently has 63,716 registered voters. Using the $5 per registered voter figurereceived from the Solano County Registrar of Voters, this year’s election will cost approximately$318,580. Election costs are paid from the City’s General Fund (Fund 011 and Responsibility Code11007).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONNo other alternative courses of action are recommended.STAFF CONTACTKaren L. Rees, City Clerk(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:DescriptionAttachment 1: Calling for the election and consolidation ResolutionAttachment 2: Requesting Council Election Services Resolution REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 5/24/2022 5:32 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-126

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD CALLING AND PROVIDING FOR

A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF FAIRFIELD ON TUESDAY, NOVEMBER 8, 2022, TO ELECT CITY OFFICERS AND TO REQUEST THE SOLANO COUNTY BOARD

OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE

STATEWIDE ELECTION ON THAT DATE

WHEREAS, the Fairfield City Code provides that a General Municipal Election shall be conducted on the first Tuesday after the first Monday in November of each even- numbered year; and

WHEREAS, the next General Municipal Election would thus take place on Tuesday, November 8, 2022; and

WHEREAS, candidates seeking office in the General Municipal Election will be permitted to submit a Candidate's Statement containing no more than 200 words for inclusion in the Sample Ballot Pamphlet. Submission of a Candidate's Statement is voluntary and the cost of filing such Candidate's Statement shall be paid by the candidate.

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

Section 1. Calling General Municipal Election: Pursuant to Fairfield Municipal Code Section

2.13.1, a General Municipal Election in and for the City of Fairfield shall be held on Tuesda y, November 8, 2022, for the purpose of electing one Mayor, and three City Councilmembers from Districts 1, 3, and 5, which will be set forth on the ballot in substantially the following form:

CITY OF FAIRFIELD

MAYOR VOTE FOR ONE

THREE VOTE FOR ONE FROM YOUR DISTRICT
COUNCILMEMBERS (DISTRICTS 1, 3 and 5)

The candidates for Mayor and City Council receiving the highest number of votes and elected at the General Municipal Election, shall serve for the regular four-year term.

Section 2. Requesting Consolidation of Elections: Pursuant to the State of California Elections Code Section 10400 - 10403, the City Council of the City of Fairfield hereby requests the consolidation of the General Municipal Election described in Section 1 and the election on the Tax Ordinance described in Section 2 (together, the "Municipal Election") with the statewide election to be held on November 8, 2022.

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RES. NO. 2022-126

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Section 3. Conduct of Election: In all particulars not recited in this resolution, the Municipal Election shall be held and conducted as provided by law for holding consolidated municipal elections. The consolidated election shall be held and conducted in the manner prescribed in California Elections Code Section 10418.

Section 4. Filing of Resolution with the Board of Supervisors: The City Clerk of the City of Fairfield is hereby authorized and directed to file a copy of this resolution with the Board of Supervisors and the Registrar of Voters upon its adoption by the City Council.

PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-127

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REQUESTING THE SOLANO

COUNTY BOARD OF SUPERVISORS TO PERMIT THE COUNTY REGISTRAR OF VOTERS TO

RENDER SERVICES IN CONNECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF FAIRFIELD ON TUESDAY, NOVEMBER 8, 2022, AND AUTHORIZING THE SOLANO COUNTY BOARD OF SUPERVISORS TO CANVASS THE RETURNS OF THE ELECTION; DETERMINING CHARGES FOR CANDIDATES’ STATEMENTS; AND AUTHORIZING THE CITY CLERK

TO PUBLISH THE NOTICE OF ELECTION

WHEREAS, the City Council by previous resolution has called a General Municipal Election for Tuesday, November 8, 2022; and

WHEREAS, the City Council requires and requests the Solano County Board of Supervisors to permit and undertake certain actions in connection with the election; and

WHEREAS, the Solano County Board of Supervisors establishes the charges for candidates’ ballot statements, and the City Clerk publishes certain notices in connection with the election.

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

Section 1. Requesting the County to Render Election Services: Pursuant to California Elections Code Section 10002, the Board of Supervisors is hereby requested to permit the County Registrar of Voters to render the following services to the City of Fairfield in connection with the conduct of the General Municipal Election to be held in the City of Fairfield on Tuesday, November 8, 2022:

a) Precinct consolidation, establishment of polling places, retention of election officers, and preparation/mailing of notices of appointment;
b) Printing of sample ballots and envelopes, ballot measures, polling place cards, ballot arguments, and mailing of the same to registered voters; c) Printing of official ballots;
d) Purchasing of precinct and absentee voter supplies;
e) Provisions for absentee voting at the Registrar of Voters, Elections Division; f) Cartage of voting booths, ballots, ballot boxes, and precinct supplies to and from precincts;
g) Supervision and conduct of the election;
h) Tabulation of votes;
i) Canvassing of the returns;
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RES. NO. 2022-127

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Fairfield City CouncilJune 21, 2022

Fairfield City Council
June 21, 2022