Agenda, first session — Fairfield City Council, July 19, 2022 (part 3 of 6)

PASSED AND ADOPTED this 19th day of July, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK

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WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT Page 1

WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT

BETWEEN

CITY OF FAIRFIELD
AND

WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES

This Washington State Transit Bus Cooperative Agreement (“Agreement”) is made and entered into by and between the State of California acting by and through the City of Fairfield (“Participant” or “Party”) and the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and is dated and effective as ___________________.

R E C I T A L S
A. Pursuant to Legislative authorization, Participants regulate the use of transportation infrastructure in their respective jurisdictions. Participants distribute and approve FTA funds and assists and approves of Transit Bus purchases from entities in their respective states.

B. Pursuant to legislative authorization, Enterprise Services was established to provide centralized leadership in efficiently and cost-effectively managing resources necessary to support the delivery of state government services. In particular, the Legislature tasked Enterprise Services with implementing a world-class, customer-focused centralized procurement function. See 2011 LAWS OF WASHINGTON 1st sp. s. c 43 § 101.

C. Pursuant to legislative authorization, Enterprise Services has authority to enter into master contracts on behalf of the State of Washington which master contracts may be utilized by state agencies and certain additional users (e.g., local governments, federal agencies, tribes, and public benefit nonprofit organizations) as authorized by Enterprise Services. See RCW 39.26.080(3) and

39.26.050(1).

D. Pursuant to legislative authorization, Enterprise Services is authorized, on behalf of the State of Washington, to engage in cooperative purchasing with one or more states, state agencies, local governments, local government agencies, federal agencies, or tribes located in the state, in accordance with an agreement entered into between the participants to create master contracts through a competitive solicitation process. See RCW 39.26.060.

E. The Parties desire to collaborate to utilize the Participants’ substantive expertise and Enterprise Services’ procurement expertise and authority to create a cost-effective, efficient, value-added procurement solution to enable authorized purchasers to procure Transit Buses and related goods/services.

F. Pursuant to Section 3019 of the FAST Act, grantees of Federal Transit Administration (“FTA”) funds may enter into cooperative procurement contracts between a State and one or more vendors; and under which the vendors agree to provide an option to purchase rolling stock and related Packet Page 256 of 793Attachment 2 Page 1 of 6

WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT Page 2 equipment to multiple participants. Grantees may participate in a cooperative procurement contract without regard to whether the grantee is located in the same State as the Parties to the contract.

A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:

1. TERM. The term of this Agreement is sixty (60) months, commencing April 15, 2021 and ending April 14, 2026; Provided, however, that the term of this Agreement shall renew automatically for subsequent one (1) year periods unless either party gives the other written notice of termination at least (90) days prior to expiration of the current term; and Provided further, that, in no event shall this Agreement expire or terminate while any Master Contract developed pursuant hereto remains in effect.

2. SCOPE & AUTHORITY. This Agreement is designed to enable Washington’s central procurement authority and multiple states’ substantive experts for Transit Buses and related goods/services to collaborate such that the Participants realize the synergies of their combined authority and expertise to procure and deliver Transit Buses and related goods/services through cooperative Master Contracts with transit bus manufacturers, component manufacturers, and service providers. Such Master Contracts shall be available for use by all Washington state agencies as well as any authorized Washington State Transit Bus Cooperative Agreement member and any authorized Washington State Transit Bus Cooperative Purchasing Agreement.

3. ROLES/RESPONSIBILITIES. The parties shall collaborate to develop, solicit, award, and manage Master Contract(s) for Transit Buses and related goods/services. a. PARTICIPANTS.
i. Participant shall have contract management responsibilities for the Master Contract(s) pertaining to vendor outreach, local agency outreach within their respective state, and approval of local agency purchases using FTA funds.

Participant, in its reasonable discretion, shall make available such resources as appropriate to enable the timely accomplishment of the intended objectives set forth in this Agreement.
ii. Participants shall collect input and feedback from local agencies customers and collaboratively work with Enterprise Services to ensure that the same inform the Master Contract.
iii. Participants shall provide resources and consultation regarding bus purchases in their respective state, the approval process for use of FTA funds in purchases, and relevant information from local agencies.
iv. Participants shall have responsibility to provide necessary information for Enterprise Services to manage the resulting Master Contract, including confirmation of FTA funds, local purchaser tracking, and data reporting. b. ENTERPRISE SERVICES.
i. As Washington state’s center of procurement expertise for Master Contracts, Enterprise Services, at a minimum, shall collaborate with Participants to develop Packet Page 257 of 793Attachment 2 Page 2 of 6

WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT Page 3 contract specifications, contractor requirements, cost estimates, quantity estimates, applicable certification standards, and evaluation criteria to design a competitive procurement to produce Master Contract(s) for Transit Buses and related goods/services.
ii. In addition, Enterprise Services shall have procurement responsibility to solicit and award such Master Contract(s). Enterprise Services, in its reasonable discretion, shall make available such resources as appropriate to enable the timely accomplishment of the intended objectives set forth in this Agreement. iii. Enterprise Services shall have responsibility to manage the resulting Master Contract(s), maintain accurate purchasing information and facilitate vendor contract sales reporting and invoicing for vendor management fee payment. iv. Enterprise Services shall have responsibility to maintain state and federal records for the procurement and resulting Master Contracts. v. In the event of vendor suspension and/or termination, Enterprise Services first shall consult with Participants.

4. PARTICIPATION. The resulting Master Contracts for Transit Buses and respective goods/services shall be available for use by all states, state agencies, local governments, local government agencies, federal agencies, or tribes located in the state which enter a Washington State Transit State Cooperative Purchasing Agreement, as authorized in RCW 39.26.060(1). In addition, as authorized in RCW 39.26.050(1), any eligible entity that has executed a Master Contract Usage Agreement with Enterprise Services shall be authorized to use such Master Contract.

5. FEES/COSTS. The Master Contract for Transit Buses shall include a vendor management fee payable to Enterprise Services. Such vendor management fee shall be the Master Contract cost recovery mechanism as required by RCW 39.26.050(2). This fee is paid by Contractors on the contracts to DES at the rate listed in the respective contract. For clarification that rate is 1% of total purchases for light and medium bus purchases and 0.15% of total purchases for heavy duty or similar bus purchases.

6. WASHINGTON STATE TRANSIT BUS COOPERATIVE/MASTER CONTRACT WEBSITE. The Parties shall collaborate to increase awareness of and access to the Master Contracts for Transit Buses and related goods/services. At a minimum, the Parties shall ensure that the Master Contracts for Transit Buses is accessible through an Enterprise Services website.

7. AGREEMENT MANAGEMENT. The Parties hereby designate the following agreement administrators as the respective single points of contact for purposes of this Agreement, each of whom shall be the principal contact for business activities under this Agreement. The Parties may change administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the Parties may specify in writing:

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WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT Page 4 Enterprise Services Fairfield and Suisun Transit
Attn: David Mgebroff
Contracts & Procurement Division
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Tel: (360) 407-8049
Email: [email protected]
Attn: Shaun Vigil
Public Works Department
City of Fairfield
2000 Cadenasso Drive
Fairfield, CA 94533-6803
Tel: (707) 434-3807
Email: [email protected]

Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee.

8. RECORDS RETENTION & PUBLIC RECORDS.
a. RECORDS RETENTION. Enterprise Services shall each maintain records and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance and payment of the services described herein. These records shall be subject to inspection, review, or audit by personnel of both Parties, other personnel duly authorized by either party, the Office of the State Auditor, and officials authorized by law.

Such records shall be retained for a period of six (6) years following expiration or termination of this Agreement or final payment for any service placed against this Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.
b. PUBLIC INFORMATION. This Agreement and all related records are subject to public disclosure as required by the relevant public records act of the Participant’s jurisdiction.

No party shall release any record that would, in the judgment of the party, be subject to an exemption from disclosure under a Participants’ public records act, without first providing notice to the other party within ten (10) business days of the receipt of the request. The Parties will discuss appropriate actions to be taken, including release of the requested information, seeking a protective order, or other action prior to the release of records. Should one party choose to seek a protective order, it shall do so at its sole expense.

9. RESPONSIBILITY OF THE PARTIES. Each party to this Agreement assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility to the other party for any third party claims.

10. DISPUTE RESOLUTION. To the extent practicable, the Parties shall use their best, good faith efforts cooperatively and collaboratively to resolve any dispute that may arise in connection with this Agreement as efficiently as practicable, and at the lowest possible level with authority to resolve such dispute. The Parties shall make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve any such dispute. If, however, a dispute persists and cannot reasonably be resolved, it may be escalated within each organization. In such circumstance, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the Packet Page 259 of 793Attachment 2 Page 4 of 6

WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT Page 5 other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the Parties cannot then agree on a resolution of the dispute, the Parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the Parties cannot agree on a mutual resolution within fifteen (15) business days, any party may resort to court to resolve the dispute.

11. GENERAL PROVISIONS.
a. INTEGRATED AGREEMENT. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. b. AMENDMENT OR MODIFICATION. Except as set forth herein, this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto.
c. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
d. NO AGENCY. The Parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Agreement. Neither party is an agent of the other party nor authorized to obligate it.
e. GOVERNING LAW. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. f. CAPTIONS & HEADINGS. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof. g. ELECTRONIC SIGNATURES. A signed copy of this Agreement or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes.

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WASHINGTON STATE TRANSIT BUS COOPERATIVE AGREEMENT Page 6 h. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement.

EXECUTED AND EFFECTIVE as of the day and date first above written.

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

STATE OF CALIFORNIA
City of Fairfield
By: _____________________________
Name: Jaime Rossman
Title: Assistant Director
By: _____________________________
Name: David Gassaway
Title: Interim City Manager

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Agenda Item No: 17.

AGENDA REPORT
DATE:July 19, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022181 of the City Council of the City of Fairfield Declaring the Implementation of Stage II Drought Measures of the City of Fairfield Water Shortage Contingency Plan as Required by the State Water Resources Control Board RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On May 24, 2022, the State Water Resources Control Board (SWRCB) adopted an emergency conservation regulation in response to Executive Order N722 (executive order) by Governor Newsom on March 28, 2022, calling for additional conservation directives by urban water suppliers. The conservation regulations require the City to implement Stage II demand reductions outlined in the City’s Water Shortage Contingency Plan (WSCP) adopted in July 2021, by Resolution 2021133.

DISCUSSION
On May 17, 2022, staff provided City Council an update on the City’s water supply status and has continued to work with Solano County Water Agency (SCWA) to formulate the next steps on the new conservation regulations adopted by the State. The actions taken by the SWRCB requires urban water suppliers to submit a preliminary supply and demand assessment, implement Stage II demand reductions outlined in the City’s WSCP, adopted in July 2021, as well as submit a final water supply assessment. In order to enforce those actions outlined in the City’s WSCP and the municipal code, council must declare the adopted Stage II demand reductions to be in effect.

Although the council will be adopting Stage II of its WSCP, the City’s water supply remains healthy as the City has access to multiple water supplies. Lake Berryessa will continue to be the reliable safeguard that keeps the city from experiencing water shortages and the State Water Project (the less reliable of the city’s two water sources) will continue to be utilized in a manner that maximizes and offsets usage out of Lake Berryessa. The City’s updated water supply and demand assessment confirm that the City will not be experiencing water shortages any time soon.

In conformance with the State’s conservation regulations, Stage II demand reductions, adopted as part of the WSCP, include but are not limited to the following:

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Agenda Item No: 17.AGENDA REPORTDATE:July 19, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022181 of the City Council of the City of Fairfield Declaring theImplementation of Stage II Drought Measures of the City of Fairfield Water ShortageContingency Plan as Required by the State Water Resources Control BoardRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn May 24, 2022, the State Water Resources Control Board (SWRCB) adopted an emergencyconservation regulation in response to Executive Order N722 (executive order) by Governor Newsomon March 28, 2022, calling for additional conservation directives by urban water suppliers. Theconservation regulations require the City to implement Stage II demand reductions outlined in the City’sWater Shortage Contingency Plan (WSCP) adopted in July 2021, by Resolution 2021133.DISCUSSIONOn May 17, 2022, staff provided City Council an update on the City’s water supply status and hascontinued to work with Solano County Water Agency (SCWA) to formulate the next steps on the newconservation regulations adopted by the State. The actions taken by the SWRCB requires urban watersuppliers to submit a preliminary supply and demand assessment, implement Stage II demandreductions outlined in the City’s WSCP, adopted in July 2021, as well as submit a final water supplyassessment. In order to enforce those actions outlined in the City’s WSCP and the municipal code,council must declare the adopted Stage II demand reductions to be in effect.Although the council will be adopting Stage II of its WSCP, the City’s water supply remains healthy asthe City has access to multiple water supplies. Lake Berryessa will continue to be the reliablesafeguard that keeps the city from experiencing water shortages and the State Water Project (the lessreliable of the city’s two water sources) will continue to be utilized in a manner that maximizes andoffsets usage out of Lake Berryessa. The City’s updated water supply and demand assessmentconfirm that the City will not be experiencing water shortages any time soon.

In conformance with the State’s conservation regulations, Stage II demand reductions, adopted as part of the WSCP, include but are not limited to the following:

Routinely check for and repair leaks, breaks, and malfunctions in a timely manner No irrigation of landscape between the hours of noon and 6 p.m.

Limit irrigation of landscape to 4 days per week or less Use water features (i.e., fountains) that recirculate water Use shutoff nozzles with hoses to conserve water
In addition to declaring a Stage II demand reduction, the State’s conservation regulation also calls on urban water suppliers to conserve 1020% of consumption. Thus far, the City is on track to meet the conservation goals set by the State.

FINANCIAL IMPACT
Reduced water consumption will result in reduced water revenues but the reduction in revenues will not directly correlate to the amount conserved (i.e. meeting 20% conservation levels does not mean that there will be a 20% reduction in water revenues). City staff will be conducting a water master plan and water cost of service study beginning fiscal year 202324, and intend address future rate increases as part of the water cost of service study.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
State regulations require that urban water suppliers adopt the new conservation regulations.

STAFF CONTACT
Michael Hether, Assistant Public Works DirectorUtilities (707) 4287493
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Resolution
Emergency Conservation Regulations (May 24, 2022)
Governor Executive Order (March 28, 2022)
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 7/5/2022 7:34 PM
Kaushal, Paul Approved 7/5/2022 7:37 PM
Beavers, Esther Approved 7/6/2022 10:55 AM
Beavers, Esther Approved 7/6/2022 11:08 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-181

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE

IMPLEMENTATION OF STAGE II DROUGHT MEASURES OF THE CITY OF FAIRFIELD WATER

SHORTAGE CONTINGENCY PLAN AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD

WHEREAS, on March 28, 2022, California Governor Newsom issued Executive Order N -7-22 directing the State Water Resources Control Board (SWRCB) to consider the adoption of emergency regulations to increase water conservation; and

WHEREAS, on May 24, 2022, the SWRCB adopted emergency conservation regulations in response to Executive Order N-7-22; and

WHEREAS, the adopted emergency conservation regulations require urban water suppliers to implement Stage II demand reduction in adopted Water Shortage Contingency Plans; and

WHEREAS, the City Council adopted the City of Fairfield Water Shortage Contingency Plan in July 2021, by Resolution 2021-133; and

WHEREAS, the City of Fairfield has access to multiple water sources and the water supply of the City is not in a state of shortage; and

WHEREAS, the City is required to implement Stage II demand reduction in its adopted Water Shortage Contingency Plan to remain in compliance with State regulations.

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

Section 1. The council hereby declares that Stage II drought measures of the adopted City of Fairfield Water Shortage Contingency Plan are in effect as required by State regulations.

Section 2. The public works director is hereby authorized to do all things necessary to implement the Stage II drought measures of the City of Fairfield Water Shortage Contingency Plan.

Section 3. The council hereby declares that this Resolution will terminate when the emergency water conservation regulation expires or is rescinded by SWRCB or the governor, whichever is sooner.

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RES. NO. 2022-181

Page 2 ends

PASSED AND ADOPTED this 19th day of July, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non- functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10) “Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section Packet Page 266 of 793Attachment 2 Page 1 of 3

6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.

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7 (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. (f) The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across a ll the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 202 1 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between loca l entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
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WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a chang ing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critica l the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay t he mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include a ll of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later t han June 1, 2022, and submit a fina l annual water Packet Page 270 of 793Attachment 3 Page 2 of 6

supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4 . To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time Packet Page 271 of 793Attachment 3 Page 3 of 6

protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by loca l communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium-or
high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Packet Page 272 of 793Attachment 3 Page 4 of 6

Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regiona l, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13 . With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Packet Page 273 of 793Attachment 3 Page 5 of 6

Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a loca l agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short-and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .l · I'
t (.1 I
l~~-~--

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
Packet Page 274 of 793Attachment 3 Page 6 of 6

Agenda Item No: 18.

AGENDA REPORT
DATE:July 19, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public hearings; and
Resolutions 2022182 to 2022197 of the City Council of the City of Fairfield Approving the Fiscal Year 20222023 Engineer’s Reports, Confirming the Fiscal Year 20222023 Diagrams and Assessments, and Ordering the Fiscal Year 20222023 Improvements for Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 10 – Southbrook, No. 11 – Paradise Valley North, No. 12 – Downtown Business District, No. 13 – North Cordelia, No. 14 – Woodlake, No. 15 – Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – ChadbourneBeckCordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The adoption of these resolutions will approve the fiscal year (FY) 202223 engineer’s reports, confirm the FY 202223 diagrams and assessments, and order the FY 202223 improvements for 16 landscaping and lighting maintenance districts (LLMDs).

DISCUSSION
The City formed LLMD 1, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 (Districts) between 1984, and 2010, under the State of California Landscaping and Lighting Act of 1972, Streets and Highways Code Section 22500, et seq. (Act), to provide a funding source for the maintenance of landscaping and lighting improvements within the various development areas.

Annual assessment amounts for each district are subject to the provisions of Proposition 218 and must be set at or below (1) the assessment amount adopted at the time the district was formed, (2) the assessment amount adopted after the district was formed, but prior to the passage of Proposition 218 in 1996, or (3) the assessment amount or range adopted in accordance with Proposition 218 proceedings. The following summaries describe the proposed FY 202122 annual assessments and any applicable rate adjustments for each district.

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LLMD No. 1 – Gateway:The FY 202223 assessments for the Gateway district are proposed to increase approximately 11% from the FY 20212022 rates to the maximum allowable rate for each parcel established in 1995. Assessment rates for each parcel vary depending on parcel size.

The total proposed revenue for this district is $205,971, which includes assessments of $205,965 and interest of $6. The special projects for this district include landscape repair.

While the annual authorized maximum assessments for the Gateway district have remained unchanged since 1995, the district’s operation and maintenance costs have increased due to general inflation overtime. The district would be projected to have a fund balance deficit of approximately $170,000 by the end of FY 202223 if services were to be provided at the current levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance. However, because the unreserved fund balance has been reduced over time, the district is projected to close FY 202122 with an overall deficit of ($29,710). Pursuant to the Streets and Highways Code Section 22656, the deficit will be carried forward to FY 202223. To prevent such deficit in FY 20222023, the FY 202223 engineer’s report reflects an approximate 75% reduction in the landscaping services and irrigation budget from FY 202122 levels.

On April 19, 2022, City staff informed council of the projected deficit and was granted authorization to propose to the district property owners a onetime General Fund loan, issued at 0% interest with a five year repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022, via mailed flyer to inform them of the proposed loan and requested that they affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The website also disclosed historical and current information regarding the district’s formation, legal requirements, operations, and financial position. City staff will return to council after the July 19, 2022, public hearing with results of the property owner engagement to receive council’s direction regarding the issuance of the loan and any applicable budget adjustments and increases to landscape and irrigation services.

The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

LLMD No. 3 – Waterman Highlands: The FY 20222023 assessment for the Waterman Highlands district is proposed to remain at the FY 20212022 rate of $195 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.

The total proposed revenue for this district is $60,194, which includes assessments of $47,190, a General Fund contribution of $13,000, and interest of $4. The special projects for this district include landscape renovation and repair.

While the annual authorized maximum assessments for the Waterman Highlands district have remained unchanged since 1996, the district’s operation and maintenance costs have increased due to general inflation overtime. The district would be projected to have a fund balance deficit of approximately $30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance. However, the district is projected to close FY 202122 with an available fund balance of just over $93,000, which is approximately $30,000 less than the balance required to fully supplement FY 202223 revenues. To prevent such deficit in FY 202223, an approximate 40% reduction in the landscaping services budget and 25% reduction in the irrigation budget from FY 2021 22 levels is necessary.

On April 19, 2022, staff informed council of the projected deficit and was granted authorization to propose to the district property owners a onetime General Fund loan, issued at 0% interest with a five year repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022, via mailed flyer and virtual community meeting to inform them of the proposed loan and requested that they affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regarding the district’s formation, legal requirements, operations, and financial position. Staff will return to council after the July 19, 2022, public hearing with results of the property owner engagement to receive council’s direction regarding the issuance of the loan and any applicable budget adjustments and increases to landscape and irrigation services.

The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

LLMD No. 5 – Smith Ranch (Rancho Solano):The FY 202223 assessment for the Smith Ranch (also known as “Rancho Solano”) district is proposed to increase from the FY 202122 rate of $570 per parcel to $663.66 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range, which was established in 1999 and is adjusted each year by the October SF OaklandHayward Urban Wage Earners and Clerical Workers Consumer Price Index (CPI).

The total proposed revenue for this district is $831,766, which includes assessments of $796,392, a General Fund contribution of $35,373, and interest of $1. The special projects for this district include landscape repair.

On April 19, 2022, staff informed council that this district is projected to have a fund balance deficit by FY 20232024 if services continued to be provided at the current levels without a property owner approved assessment rate increase. Staff reported that the City will be engaging with the property owners and will conduct a Proposition 218 balloting process during FY 202223 to determine future services and assessment rates.

LLMD No. 6 – Peppertree:The FY 202223 assessment for the Peppertree district is proposed to remain at the FY 202122 rate of $60 per residential unit. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.

The total proposed revenue for this district is $28,320, which includes assessments of $28,320, and interest of $1. There are no special projects planned for this district.

While the annual authorized maximum assessments for the Peppertree district have remained unchanged since 1996, the district’s operation and maintenance costs have increased due to general inflation overtime. The district would be projected to have a fund balance deficit of approximately $30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance. However, the district is projected to close FY 202122 with an available fund balance of just over $63,000, which is approximately $30,000 less than the balance required to fully supplement FY 202223 revenues. To prevent such deficit in FY 202223, all landscaping services must cease by September 1, 2022.

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The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

LLMD No. 7 – Rolling Hills:The FY 202223 assessments for the Rolling Hills district are proposed to remain at the FY 202122 rates of $300 per parcel for the Rolling Hills development, and $250 per parcel for the Serpas Ranch development. These assessments are the maximum rates allowable by the district’s adopted assessment ranges. The assessments for commercial properties at the intersection of Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward Urban Wage Earners and Clerical Workers CPI.

The total proposed revenue for this district is $351,850, which includes assessments of $316,447, a General Fund contribution of $35,374, and interest of $29. There are no special projects planned for this district.

While the annual authorized maximum assessments for the Rolling Hills district have remained unchanged since the 1990s, the district’s operation and maintenance costs have increased due to general inflation overtime. The district was projected to have a fund balance deficit of approximately $81,000 by the end of FY 202122, and an additional deficit of $364,000 by the end of FY 202223 for a total deficit of $445,000 if services continued to be provided at the FY 202021 levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY 202122.

As a shortterm solution, the council authorized an additional $35,000 General Fund contribution and directed staff to propose to the Rolling Hills property owners a onetime $410,000 General Fund loan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staff conducted a community engagement process, which included a virtual town hall and an online survey. The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution No. 202297, and issued in FY 202122.

The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

LLMD No. 8 – Kolob Estates:The FY 20222023 assessment for the Kolob Estates district is proposed to remain at the FY 202122 rate of $400 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1994.

The total proposed revenue for this district is $53,5111, which includes assessments of $52,000, a General Fund contribution of $1,040, and interest of $71. The special projects for this district include landscape renovation and repair.

On April 19, 2022, staff informed council that this district was projected to have a fund balance deficit in FY 20222023 if services continued to be provided at the current levels without a property owner approved assessment rate increase, however, updated projections indicate that the deficit will not occur until FY 202324. The City will be engaging with the property owners and will conduct a Proposition 218 balloting process during FY 202223 to determine future services and assessment rates.

LLMD No. 10 – Southbrook:The FY 202223 assessments for the Southbrook district are proposed to increase from the FY 202122 rates of $215 per parcel to $235 per parcel for the original development and annexation areas 19. The FY 202122 assessment for the Gold Hill Village 3 development, annexation no. 10, was $155.83 per lot, which was a prorated rate due to the timing of the annexation.

The FY 202223 assessment for this development is proposed at $386.26 per lot. The assessments do not exceed the maximum rates allowable by the district’s adopted assessment ranges, which are adjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical Workers Packet Page 278 of 793

The total proposed revenue for this district is $545,358, which includes assessments of $532,710, a General Fund contribution of $12,485, and interest of $163. The special projects for this district include landscape renovation and repair.

LLMD No. 11 – Paradise Valley North:The FY 202223 assessment for the Paradise Valley North district is proposed to remain at the FY 202122 rate of $190 per residential unit. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1995.

The total proposed revenue for this district is $269,659, which includes assessments of $259,160, a General Fund contribution of $10,404, and interest of $95. There are no special projects planned for this district.

While the annual authorized maximum assessments for the Paradise Valley North district have remained unchanged since the 1995, the district’s operation and maintenance costs have increased due to general inflation overtime. The district was projected to have a fund balance deficit of approximately $40,000 by the end of FY 202122, and an additional deficit of $142,000 by the end of FY 202223 for a total deficit of $182,000 if services continued to be provided at the FY 202021 levels.

In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY 202122.

As a shortterm solution, the council authorized an additional $7,000 General Fund contribution and directed staff to propose to the Paradise Valley North property owners a onetime $175,000 General Fund loan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staff conducted a community engagement process, which included a virtual town hall and an online survey.

The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution No. 202298, and issued in FY 202122.

The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

Staff has prepared a modification to the description of work set forth in the Engineer’s Report to specify that the improvements include the maintenance of street lights on residential streets. This service was inadvertently omitted from the report but has been included in the description of work since the District was formed.

LLMD No. 12 – Downtown Business District:The total FY 202223 assessments for the District are proposed to increase approximately 2% from the total amount levied in FY 202122. The proposed assessments for individual parcels vary by parcel size and are the maximum rates allowable by the district’s adopted assessment range established in 1997.

The total proposed revenue for this district is $62,021, which includes assessments of $62,020, and interest of $1. There are no special projects planned for this district.

In August 2021, the City hired NBS to conduct an initial review of the City’s 16 LLMDs to determine the operational and financial viability of each district. The City planned to initiate Phase 2 of the review in mid to late 2022, which will include an indepth audit of each district’s governing documents, operations, financial and budgetary projections, and administrative best practices.

Based on the results of the initial review, LLMD No. 12 was projected to have sufficient assessment revenue to sustain services and maintain an adequate fund balance reserve through at least FY 2026 27 based on the automatic CPI adjustment to the annual assessments authorized by Resolution 1991 204 and 1991205. However, in early June 2022, upon further inspection of the district’s historical governing documents, it was determined that the automatic CPI adjustment to the annual assessments authorized by Resolution 1991204 and 1991205 was superseded by Resolution 199763 and 1997 144 which set static maximum annual assessments for each parcel with no automatic CPI adjustment as a result of a balloting process.

Consequently, the district would be projected to have a fund balance deficit of approximately $40,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance. However, the district is projected to close FY 202122 with an available fund balance of just over $87,000, which is approximately $40,000 less than the balance required to fully supplement FY 202223 revenues. To prevent such deficit in FY 202223, an approximate 45% reduction in the landscaping services budget and 20% reduction in the irrigation budget from FY 202122 levels is necessary.

On July 5, 2022, staff informed council of the projected deficit. Council authorized staff to propose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff will engage the district property owners in July and August 2022, via mailed flyer and/or virtual community meeting to inform them of the proposed loan and request that they affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site will disclose historical and current information regarding the district’s formation, legal requirements, operations, and financial position. Staff will return to council after the July 19, 2022, public hearing with results of the property owner engagement to receive council’s direction regarding the issuance of the loan and any applicable budget adjustments and increases to landscape and irrigation services.

The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

LLMD No. 13 – North Cordelia:The FY 202223 assessments for the North Cordelia district are proposed as follows: Citation and Pulte developments are proposed to remain at the FY 202122 rate of $180 per unit; Hidden Meadows subdivision is proposed to increase from the FY 202122 rate of $850.45 per unit to $882.77 per unit; Village Oaks subdivision is proposed to increase from the FY 202122 rate of $207.40 per unit to $215.28 per unit; Jayo subdivision is proposed to increase from the FY 20212022 rate of $218.31 per unit to $226.61 per unit; all other subdivisions are proposed to remain at the FY 20212022 rate of $170 per unit. The assessments for commercial properties are proposed to increase by the October SFOaklandHayward All Urban Consumers CPI. The assessments are the maximum rate allowable by the district’s adopted assessment range established for each development/subdivision. The maximum rates for the Hidden Meadows, Village Oaks, and Jayo subdivisions are adjusted each year by the October SFOaklandHayward All Urban Consumers CPI.

The total proposed revenue for this district is $644,129, which includes assessments of $613,895, a General Fund contribution of $30,172, and interest of 62. There are no special projects planned for this district.

While the annual authorized maximum assessments for the majority of development in the North Cordelia district have remained unchanged since the 1990s, the district’s operation and maintenance costs have increased due to general inflation overtime. The district was projected to have a fund balance deficit of approximately $40,000 by the end of FY 202122, and an additional deficit of $119,000 by the end of FY 202223 for a total deficit of $159,000 if services continued to be provided at the FY 202021 levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY 202122.

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Agenda Item No: 18.AGENDA REPORTDATE:July 19, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public hearings; andResolutions 2022182 to 2022197 of the City Council of the City of Fairfield Approvingthe Fiscal Year 20222023 Engineer’s Reports, Confirming the Fiscal Year 20222023Diagrams and Assessments, and Ordering the Fiscal Year 20222023 Improvementsfor Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 –Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills,No. 8 – Kolob Estates, No. 10 – Southbrook, No. 11 – Paradise Valley North, No. 12 –Downtown Business District, No. 13 – North Cordelia, No. 14 – Woodlake, No. 15 –Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – ChadbourneBeckCordelia, No.18 – Gold Ridge Park, and No. 19 – Corporate CommonsRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe adoption of these resolutions will approve the fiscal year (FY) 202223 engineer’s reports, confirmthe FY 202223 diagrams and assessments, and order the FY 202223 improvements for 16landscaping and lighting maintenance districts (LLMDs).DISCUSSIONThe City formed LLMD 1, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 (Districts) between1984, and 2010, under the State of California Landscaping and Lighting Act of 1972, Streets andHighways Code Section 22500, et seq. (Act), to provide a funding source for the maintenance oflandscaping and lighting improvements within the various development areas. Annual assessment amounts for each district are subject to the provisions of Proposition 218 and mustbe set at or below (1) the assessment amount adopted at the time the district was formed, (2) theassessment amount adopted after the district was formed, but prior to the passage of Proposition 218in 1996, or (3) the assessment amount or range adopted in accordance with Proposition 218proceedings. The following summaries describe the proposed FY 202122 annual assessments andany applicable rate adjustments for each district.LLMD No. 1 – Gateway:The FY 202223 assessments for the Gateway district are proposed toincrease approximately 11% from the FY 20212022 rates to the maximum allowable rate for eachparcel established in 1995. Assessment rates for each parcel vary depending on parcel size. The total proposed revenue for this district is $205,971, which includes assessments of $205,965 andinterest of $6. The special projects for this district include landscape repair.While the annual authorized maximum assessments for the Gateway district have remained unchangedsince 1995, the district’s operation and maintenance costs have increased due to general inflationovertime. The district would be projected to have a fund balance deficit of approximately $170,000 bythe end of FY 202223 if services were to be provided at the current levels. In previous fiscal years whena budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, because the unreserved fund balance has been reduced over time,the district is projected to close FY 202122 with an overall deficit of ($29,710). Pursuant to the Streetsand Highways Code Section 22656, the deficit will be carried forward to FY 202223. To prevent suchdeficit in FY 20222023, the FY 202223 engineer’s report reflects an approximate 75% reduction inthe landscaping services and irrigation budget from FY 202122 levels. On April 19, 2022, City staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer to inform them of the proposed loan and requested that they affirm their support for, oropposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. Thewebsite also disclosed historical and current information regarding the district’s formation, legalrequirements, operations, and financial position. City staff will return to council after the July 19, 2022,public hearing with results of the property owner engagement to receive council’s direction regardingthe issuance of the loan and any applicable budget adjustments and increases to landscape andirrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 3 – Waterman Highlands: The FY 20222023 assessment for the Waterman Highlandsdistrict is proposed to remain at the FY 20212022 rate of $195 per parcel. The assessment is themaximum rate allowable by the district’s adopted assessment range established in 1996. The total proposed revenue for this district is $60,194, which includes assessments of $47,190, aGeneral Fund contribution of $13,000, and interest of $4. The special projects for this district includelandscape renovation and repair.While the annual authorized maximum assessments for the Waterman Highlands district have remainedunchanged since 1996, the district’s operation and maintenance costs have increased due to generalinflation overtime. The district would be projected to have a fund balance deficit of approximately$30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal yearswhen a budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, the district is projected to close FY 202122 with an available fundbalance of just over $93,000, which is approximately $30,000 less than the balance required to fullysupplement FY 202223 revenues. To prevent such deficit in FY 202223, an approximate 40%reduction in the landscaping services budget and 25% reduction in the irrigation budget from FY 202122 levels is necessary. On April 19, 2022, staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer and virtual community meeting to inform them of the proposed loan and requested thatthey affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regardingthe district’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 5 – Smith Ranch (Rancho Solano):The FY 202223 assessment for the Smith Ranch (alsoknown as “Rancho Solano”) district is proposed to increase from the FY 202122 rate of $570 perparcel to $663.66 per parcel. The assessment is the maximum rate allowable by the district’s adoptedassessment range, which was established in 1999 and is adjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical Workers Consumer Price Index (CPI). The total proposed revenue for this district is $831,766, which includes assessments of $796,392, aGeneral Fund contribution of $35,373, and interest of $1. The special projects for this district includelandscape repair.On April 19, 2022, staff informed council that this district is projected to have a fund balance deficit byFY 20232024 if services continued to be provided at the current levels without a property ownerapproved assessment rate increase. Staff reported that the City will be engaging with the propertyowners and will conduct a Proposition 218 balloting process during FY 202223 to determine futureservices and assessment rates.LLMD No. 6 – Peppertree:The FY 202223 assessment for the Peppertree district is proposed toremain at the FY 202122 rate of $60 per residential unit. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1996. The total proposed revenue for this district is $28,320, which includes assessments of $28,320, andinterest of $1. There are no special projects planned for this district.While the annual authorized maximum assessments for the Peppertree district have remainedunchanged since 1996, the district’s operation and maintenance costs have increased due to generalinflation overtime. The district would be projected to have a fund balance deficit of approximately$30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal yearswhen a budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, the district is projected to close FY 202122 with an available fundbalance of just over $63,000, which is approximately $30,000 less than the balance required to fullysupplement FY 202223 revenues. To prevent such deficit in FY 202223, all landscaping services mustcease by September 1, 2022. On April 19, 2022, staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer and virtual community meeting to inform them of the proposed loan and requested thatthey affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regardingthe district’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 7 – Rolling Hills:The FY 202223 assessments for the Rolling Hills district are proposed toremain at the FY 202122 rates of $300 per parcel for the Rolling Hills development, and $250 perparcel for the Serpas Ranch development. These assessments are the maximum rates allowable by thedistrict’s adopted assessment ranges. The assessments for commercial properties at the intersectionof Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward UrbanWage Earners and Clerical Workers CPI.The total proposed revenue for this district is $351,850, which includes assessments of $316,447, aGeneral Fund contribution of $35,374, and interest of $29. There are no special projects planned forthis district. While the annual authorized maximum assessments for the Rolling Hills district have remainedunchanged since the 1990s, the district’s operation and maintenance costs have increased due togeneral inflation overtime. The district was projected to have a fund balance deficit of approximately$81,000 by the end of FY 202122, and an additional deficit of $364,000 by the end of FY 202223 for atotal deficit of $445,000 if services continued to be provided at the FY 202021 levels. In previous fiscalyears when a budget deficit existed, assessment revenues were supplemented with funds from thedistrict’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY202122. As a shortterm solution, the council authorized an additional $35,000 General Fund contribution anddirected staff to propose to the Rolling Hills property owners a onetime $410,000 General Fund loan,issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staff conducted acommunity engagement process, which included a virtual town hall and an online survey. The loan andadditional General Fund contribution were authorized on May 3, 2022, by Resolution No. 202297, andissued in FY 202122. The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 8 – Kolob Estates:The FY 20222023 assessment for the Kolob Estates district isproposed to remain at the FY 202122 rate of $400 per parcel. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1994. The total proposed revenue for this district is $53,5111, which includes assessments of $52,000, aGeneral Fund contribution of $1,040, and interest of $71. The special projects for this district includelandscape renovation and repair.On April 19, 2022, staff informed council that this district was projected to have a fund balance deficit inFY 20222023 if services continued to be provided at the current levels without a property ownerapproved assessment rate increase, however, updated projections indicate that the deficit will not occuruntil FY 202324. The City will be engaging with the property owners and will conduct a Proposition 218balloting process during FY 202223 to determine future services and assessment rates. LLMD No. 10 – Southbrook:The FY 202223 assessments for the Southbrook district are proposed toincrease from the FY 202122 rates of $215 per parcel to $235 per parcel for the original developmentand annexation areas 19. The FY 202122 assessment for the Gold Hill Village 3 development,annexation no. 10, was $155.83 per lot, which was a prorated rate due to the timing of the annexation.The FY 202223 assessment for this development is proposed at $386.26 per lot. The assessments donot exceed the maximum rates allowable by the district’s adopted assessment ranges, which areadjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical WorkersCPI.The total proposed revenue for this district is $545,358, which includes assessments of $532,710, aGeneral Fund contribution of $12,485, and interest of $163. The special projects for this district includelandscape renovation and repair.LLMD No. 11 – Paradise Valley North:The FY 202223 assessment for the Paradise Valley Northdistrict is proposed to remain at the FY 202122 rate of $190 per residential unit. The assessment isthe maximum rate allowable by the district’s adopted assessment range established in 1995. The total proposed revenue for this district is $269,659, which includes assessments of $259,160, aGeneral Fund contribution of $10,404, and interest of $95. There are no special projects planned forthis district.While the annual authorized maximum assessments for the Paradise Valley North district haveremained unchanged since the 1995, the district’s operation and maintenance costs have increaseddue to general inflation overtime. The district was projected to have a fund balance deficit ofapproximately $40,000 by the end of FY 202122, and an additional deficit of $142,000 by the end ofFY 202223 for a total deficit of $182,000 if services continued to be provided at the FY 202021 levels.In previous fiscal years when a budget deficit existed, assessment revenues were supplemented withfunds from the district’s unreserved fund balance, however, the district’s unreserved fund balance wasdepleted in FY 202122. As a shortterm solution, the council authorized an additional $7,000 General Fund contribution anddirected staff to propose to the Paradise Valley North property owners a onetime $175,000 GeneralFund loan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staffconducted a community engagement process, which included a virtual town hall and an online survey.The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution No.202298, and issued in FY 202122.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.Staff has prepared a modification to the description of work set forth in the Engineer’s Report to specifythat the improvements include the maintenance of street lights on residential streets. This service wasinadvertently omitted from the report but has been included in the description of work since the Districtwas formed.LLMD No. 12 – Downtown Business District:The total FY 202223 assessments for the District areproposed to increase approximately 2% from the total amount levied in FY 202122. The proposedassessments for individual parcels vary by parcel size and are the maximum rates allowable by thedistrict’s adopted assessment range established in 1997. The total proposed revenue for this district is $62,021, which includes assessments of $62,020, andinterest of $1. There are no special projects planned for this district.In August 2021, the City hired NBS to conduct an initial review of the City’s 16 LLMDs to determine theoperational and financial viability of each district. The City planned to initiate Phase 2 of the review inmid to late 2022, which will include an indepth audit of each district’s governing documents,operations, financial and budgetary projections, and administrative best practices. Based on the results of the initial review, LLMD No. 12 was projected to have sufficient assessmentrevenue to sustain services and maintain an adequate fund balance reserve through at least FY 202627 based on the automatic CPI adjustment to the annual assessments authorized by Resolution 1991204 and 1991205. However, in early June 2022, upon further inspection of the district’s historicalgoverning documents, it was determined that the automatic CPI adjustment to the annual assessmentsauthorized by Resolution 1991204 and 1991205 was superseded by Resolution 199763 and 1997144 which set static maximum annual assessments for each parcel with no automatic CPI adjustmentas a result of a balloting process. Consequently, the district would be projected to have a fund balance deficit of approximately $40,000 inFY 202223 if services were to be provided at the current levels. In previous fiscal years when a budgetdeficit existed, assessment revenues were supplemented with funds from the district’s unreserved fundbalance. However, the district is projected to close FY 202122 with an available fund balance of justover $87,000, which is approximately $40,000 less than the balance required to fully supplement FY202223 revenues. To prevent such deficit in FY 202223, an approximate 45% reduction in thelandscaping services budget and 20% reduction in the irrigation budget from FY 202122 levels isnecessary.On July 5, 2022, staff informed council of the projected deficit. Council authorized staff to propose to thedistrict property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repaymentterm, as a shortterm solution. Staff will engage the district property owners in July and August 2022, viamailed flyer and/or virtual community meeting to inform them of the proposed loan and request that theyaffirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site will disclose historical and current information regarding thedistrict’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 13 – North Cordelia:The FY 202223 assessments for the North Cordelia district areproposed as follows: Citation and Pulte developments are proposed to remain at the FY 202122 rateof $180 per unit; Hidden Meadows subdivision is proposed to increase from the FY 202122 rate of$850.45 per unit to $882.77 per unit; Village Oaks subdivision is proposed to increase from the FY202122 rate of $207.40 per unit to $215.28 per unit; Jayo subdivision is proposed to increase from theFY 20212022 rate of $218.31 per unit to $226.61 per unit; all other subdivisions are proposed toremain at the FY 20212022 rate of $170 per unit. The assessments for commercial properties areproposed to increase by the October SFOaklandHayward All Urban Consumers CPI. Theassessments are the maximum rate allowable by the district’s adopted assessment range establishedfor each development/subdivision. The maximum rates for the Hidden Meadows, Village Oaks, andJayo subdivisions are adjusted each year by the October SFOaklandHayward All Urban ConsumersCPI.The total proposed revenue for this district is $644,129, which includes assessments of $613,895, aGeneral Fund contribution of $30,172, and interest of 62. There are no special projects planned for thisdistrict.While the annual authorized maximum assessments for the majority of development in the NorthCordelia district have remained unchanged since the 1990s, the district’s operation and maintenancecosts have increased due to general inflation overtime. The district was projected to have a fundbalance deficit of approximately $40,000 by the end of FY 202122, and an additional deficit of$119,000 by the end of FY 202223 for a total deficit of $159,000 if services continued to be providedat the FY 202021 levels. In previous fiscal years when a budget deficit existed, assessment revenues were supplemented with funds from the district’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY 202122.

As a shortterm solution, the council authorized an additional $8,000 General Fund contribution and directed staff to propose to the North Cordelia property owners a onetime $151,000 General Fund loan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. City staff conducted a community engagement process, which included a virtual town hall and an online survey.

The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution 202299, and issued in FY 202122.

The City will continue to engage with the property owners regarding future services and assessment rates, and will conduct a Proposition 218 balloting process during FY 202223.

LLMD No. 14 – Woodlake:The FY 202223 assessments for the Woodlake district are proposed to remain at the FY 202122 rates as follows: $206.25 per lot in the Woodlake/Horseshoe Lake Estates subdivision, $251.25 per lot in the Paradise Crest (Annexation No. 1) and Paradise Glen (Annexation No. 2) subdivisions, $95.25 per lot in the Bedford Falls subdivision (Annexation No. 3), $251.25 per lot in the Villages I subdivision (Annexation No. 4), and $251.25 in the Villages II subdivision (Annexation No. 5). These assessments are below the district’s adopted assessment rate maximums for each subdivision, which are adjusted each year by the October SFOaklandHayward All Urban Consumers CPI, as follows: $593 per lot in Woodlake/Horseshoe Lake Estates, $641.98 per lot in Paradise Crest (Annexation No. 1), $629.39 per lot in Paradise Glen (Annexation No. 2), $600.28 per lot in Bedford Falls (Annexation No. 3), $630.81 per lot in Villages I (Annexation No. 4), and $630.17 per lot in Villages II (Annexation No. 5).

The total proposed revenue for this district is $316,796 , which includes assessments of $284,012, a General Fund contribution of $16,646, and interest of $16,138. The special projects for this district include landscape renovation and repair.

LLMD No. 15 – Gold Ridge:The FY 202223 assessment for the Gold Ridge district is proposed to remain at the FY 202122 rate of $120 per dwelling for the Madison Subdivision and $150 per dwelling for all other subdivisions. This assessment is below the district’s adopted assessment rate maximums for each subdivision, which are adjusted each year by the October SFOaklandHayward All Urban Consumers CPI, as follows: $419.03 per dwelling in Gold Ridge Units 13, $578.06 per dwelling in Gold Ridge Units 4 and 68 (Annexation No. 1), $475.81 per dwelling Gold Ridge Unit 5 (Annexation No. 2), $273.49 per dwelling in Madison (Annexation No. 3), $518.18 per dwelling in Gold Ridge Unit 9 (Annexation No. 4), $190.69 per dwelling in Gold Ridge North Phase II (Annexation No. 5), $190.69 per dwelling in Gold Ridge Unit 10 (Annexation No. 6), $180.10 per dwelling in Villages at FairfieldVillages IV (Annexation No. 7), and $169.27 per dwelling in Discovery I & III and Gold Ridge IIIA (Annexation No. 8).

The total proposed revenue for this district is $271,326, which includes assessments of $258,810, a General Fund contribution of $5,202, and interest of $7,314. The special projects for this district include landscape renovation and repair.

LLMD No. 16 – Creekside at Cordelia:The FY 202223 assessments for the Creekside at Cordelia district are proposed to decrease from the FY 202122 rate of $300 per parcel to $213 per parcel in the Creekside at Cordelia subdivision and the Enclave at Red Top development (Annexation No. 1).

This assessment is below the district’s adopted assessment rate maximum for each subdivision as follows: $365.81 for the Creekside at Cordelia and $379.12 for the Enclave at Red Top.

The total proposed revenue for this district is $44,664, which includes assessments of $44,091, and interest of $573. The special projects for this district include landscape renovation and repair.

LLMD No. 17 – ChadbourneBeckCordelia:The FY 202223 assessments for the ChadbourneBeck Cordelia district are proposed to remain at the FY 202122 rates which vary depending on parcel size.

The assessment rates are below the district’s adopted assessment rate maximums for each parcel.

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Agenda Item No: 18.AGENDA REPORTDATE:July 19, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public hearings; andResolutions 2022182 to 2022197 of the City Council of the City of Fairfield Approvingthe Fiscal Year 20222023 Engineer’s Reports, Confirming the Fiscal Year 20222023Diagrams and Assessments, and Ordering the Fiscal Year 20222023 Improvementsfor Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 –Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills,No. 8 – Kolob Estates, No. 10 – Southbrook, No. 11 – Paradise Valley North, No. 12 –Downtown Business District, No. 13 – North Cordelia, No. 14 – Woodlake, No. 15 –Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – ChadbourneBeckCordelia, No.18 – Gold Ridge Park, and No. 19 – Corporate CommonsRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe adoption of these resolutions will approve the fiscal year (FY) 202223 engineer’s reports, confirmthe FY 202223 diagrams and assessments, and order the FY 202223 improvements for 16landscaping and lighting maintenance districts (LLMDs).DISCUSSIONThe City formed LLMD 1, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 (Districts) between1984, and 2010, under the State of California Landscaping and Lighting Act of 1972, Streets andHighways Code Section 22500, et seq. (Act), to provide a funding source for the maintenance oflandscaping and lighting improvements within the various development areas. Annual assessment amounts for each district are subject to the provisions of Proposition 218 and mustbe set at or below (1) the assessment amount adopted at the time the district was formed, (2) theassessment amount adopted after the district was formed, but prior to the passage of Proposition 218in 1996, or (3) the assessment amount or range adopted in accordance with Proposition 218proceedings. The following summaries describe the proposed FY 202122 annual assessments andany applicable rate adjustments for each district.LLMD No. 1 – Gateway:The FY 202223 assessments for the Gateway district are proposed toincrease approximately 11% from the FY 20212022 rates to the maximum allowable rate for eachparcel established in 1995. Assessment rates for each parcel vary depending on parcel size. The total proposed revenue for this district is $205,971, which includes assessments of $205,965 andinterest of $6. The special projects for this district include landscape repair.While the annual authorized maximum assessments for the Gateway district have remained unchangedsince 1995, the district’s operation and maintenance costs have increased due to general inflationovertime. The district would be projected to have a fund balance deficit of approximately $170,000 bythe end of FY 202223 if services were to be provided at the current levels. In previous fiscal years whena budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, because the unreserved fund balance has been reduced over time,the district is projected to close FY 202122 with an overall deficit of ($29,710). Pursuant to the Streetsand Highways Code Section 22656, the deficit will be carried forward to FY 202223. To prevent suchdeficit in FY 20222023, the FY 202223 engineer’s report reflects an approximate 75% reduction inthe landscaping services and irrigation budget from FY 202122 levels. On April 19, 2022, City staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer to inform them of the proposed loan and requested that they affirm their support for, oropposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. Thewebsite also disclosed historical and current information regarding the district’s formation, legalrequirements, operations, and financial position. City staff will return to council after the July 19, 2022,public hearing with results of the property owner engagement to receive council’s direction regardingthe issuance of the loan and any applicable budget adjustments and increases to landscape andirrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 3 – Waterman Highlands: The FY 20222023 assessment for the Waterman Highlandsdistrict is proposed to remain at the FY 20212022 rate of $195 per parcel. The assessment is themaximum rate allowable by the district’s adopted assessment range established in 1996. The total proposed revenue for this district is $60,194, which includes assessments of $47,190, aGeneral Fund contribution of $13,000, and interest of $4. The special projects for this district includelandscape renovation and repair.While the annual authorized maximum assessments for the Waterman Highlands district have remainedunchanged since 1996, the district’s operation and maintenance costs have increased due to generalinflation overtime. The district would be projected to have a fund balance deficit of approximately$30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal yearswhen a budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, the district is projected to close FY 202122 with an available fundbalance of just over $93,000, which is approximately $30,000 less than the balance required to fullysupplement FY 202223 revenues. To prevent such deficit in FY 202223, an approximate 40%reduction in the landscaping services budget and 25% reduction in the irrigation budget from FY 202122 levels is necessary. On April 19, 2022, staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer and virtual community meeting to inform them of the proposed loan and requested thatthey affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regardingthe district’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 5 – Smith Ranch (Rancho Solano):The FY 202223 assessment for the Smith Ranch (alsoknown as “Rancho Solano”) district is proposed to increase from the FY 202122 rate of $570 perparcel to $663.66 per parcel. The assessment is the maximum rate allowable by the district’s adoptedassessment range, which was established in 1999 and is adjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical Workers Consumer Price Index (CPI). The total proposed revenue for this district is $831,766, which includes assessments of $796,392, aGeneral Fund contribution of $35,373, and interest of $1. The special projects for this district includelandscape repair.On April 19, 2022, staff informed council that this district is projected to have a fund balance deficit byFY 20232024 if services continued to be provided at the current levels without a property ownerapproved assessment rate increase. Staff reported that the City will be engaging with the propertyowners and will conduct a Proposition 218 balloting process during FY 202223 to determine futureservices and assessment rates.LLMD No. 6 – Peppertree:The FY 202223 assessment for the Peppertree district is proposed toremain at the FY 202122 rate of $60 per residential unit. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1996. The total proposed revenue for this district is $28,320, which includes assessments of $28,320, andinterest of $1. There are no special projects planned for this district.While the annual authorized maximum assessments for the Peppertree district have remainedunchanged since 1996, the district’s operation and maintenance costs have increased due to generalinflation overtime. The district would be projected to have a fund balance deficit of approximately$30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal yearswhen a budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, the district is projected to close FY 202122 with an available fundbalance of just over $63,000, which is approximately $30,000 less than the balance required to fullysupplement FY 202223 revenues. To prevent such deficit in FY 202223, all landscaping services mustcease by September 1, 2022. On April 19, 2022, staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer and virtual community meeting to inform them of the proposed loan and requested thatthey affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regardingthe district’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 7 – Rolling Hills:The FY 202223 assessments for the Rolling Hills district are proposed toremain at the FY 202122 rates of $300 per parcel for the Rolling Hills development, and $250 perparcel for the Serpas Ranch development. These assessments are the maximum rates allowable by thedistrict’s adopted assessment ranges. The assessments for commercial properties at the intersectionof Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward UrbanWage Earners and Clerical Workers CPI.The total proposed revenue for this district is $351,850, which includes assessments of $316,447, aGeneral Fund contribution of $35,374, and interest of $29. There are no special projects planned forthis district. While the annual authorized maximum assessments for the Rolling Hills district have remainedunchanged since the 1990s, the district’s operation and maintenance costs have increased due togeneral inflation overtime. The district was projected to have a fund balance deficit of approximately$81,000 by the end of FY 202122, and an additional deficit of $364,000 by the end of FY 202223 for atotal deficit of $445,000 if services continued to be provided at the FY 202021 levels. In previous fiscalyears when a budget deficit existed, assessment revenues were supplemented with funds from thedistrict’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY202122. As a shortterm solution, the council authorized an additional $35,000 General Fund contribution anddirected staff to propose to the Rolling Hills property owners a onetime $410,000 General Fund loan,issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staff conducted acommunity engagement process, which included a virtual town hall and an online survey. The loan andadditional General Fund contribution were authorized on May 3, 2022, by Resolution No. 202297, andissued in FY 202122. The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 8 – Kolob Estates:The FY 20222023 assessment for the Kolob Estates district isproposed to remain at the FY 202122 rate of $400 per parcel. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1994. The total proposed revenue for this district is $53,5111, which includes assessments of $52,000, aGeneral Fund contribution of $1,040, and interest of $71. The special projects for this district includelandscape renovation and repair.On April 19, 2022, staff informed council that this district was projected to have a fund balance deficit inFY 20222023 if services continued to be provided at the current levels without a property ownerapproved assessment rate increase, however, updated projections indicate that the deficit will not occuruntil FY 202324. The City will be engaging with the property owners and will conduct a Proposition 218balloting process during FY 202223 to determine future services and assessment rates. LLMD No. 10 – Southbrook:The FY 202223 assessments for the Southbrook district are proposed toincrease from the FY 202122 rates of $215 per parcel to $235 per parcel for the original developmentand annexation areas 19. The FY 202122 assessment for the Gold Hill Village 3 development,annexation no. 10, was $155.83 per lot, which was a prorated rate due to the timing of the annexation.The FY 202223 assessment for this development is proposed at $386.26 per lot. The assessments donot exceed the maximum rates allowable by the district’s adopted assessment ranges, which areadjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical WorkersCPI.The total proposed revenue for this district is $545,358, which includes assessments of $532,710, aGeneral Fund contribution of $12,485, and interest of $163. The special projects for this district includelandscape renovation and repair.LLMD No. 11 – Paradise Valley North:The FY 202223 assessment for the Paradise Valley Northdistrict is proposed to remain at the FY 202122 rate of $190 per residential unit. The assessment isthe maximum rate allowable by the district’s adopted assessment range established in 1995. The total proposed revenue for this district is $269,659, which includes assessments of $259,160, aGeneral Fund contribution of $10,404, and interest of $95. There are no special projects planned forthis district.While the annual authorized maximum assessments for the Paradise Valley North district haveremained unchanged since the 1995, the district’s operation and maintenance costs have increaseddue to general inflation overtime. The district was projected to have a fund balance deficit ofapproximately $40,000 by the end of FY 202122, and an additional deficit of $142,000 by the end ofFY 202223 for a total deficit of $182,000 if services continued to be provided at the FY 202021 levels.In previous fiscal years when a budget deficit existed, assessment revenues were supplemented withfunds from the district’s unreserved fund balance, however, the district’s unreserved fund balance wasdepleted in FY 202122. As a shortterm solution, the council authorized an additional $7,000 General Fund contribution anddirected staff to propose to the Paradise Valley North property owners a onetime $175,000 GeneralFund loan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staffconducted a community engagement process, which included a virtual town hall and an online survey.The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution No.202298, and issued in FY 202122.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.Staff has prepared a modification to the description of work set forth in the Engineer’s Report to specifythat the improvements include the maintenance of street lights on residential streets. This service wasinadvertently omitted from the report but has been included in the description of work since the Districtwas formed.LLMD No. 12 – Downtown Business District:The total FY 202223 assessments for the District areproposed to increase approximately 2% from the total amount levied in FY 202122. The proposedassessments for individual parcels vary by parcel size and are the maximum rates allowable by thedistrict’s adopted assessment range established in 1997. The total proposed revenue for this district is $62,021, which includes assessments of $62,020, andinterest of $1. There are no special projects planned for this district.In August 2021, the City hired NBS to conduct an initial review of the City’s 16 LLMDs to determine theoperational and financial viability of each district. The City planned to initiate Phase 2 of the review inmid to late 2022, which will include an indepth audit of each district’s governing documents,operations, financial and budgetary projections, and administrative best practices. Based on the results of the initial review, LLMD No. 12 was projected to have sufficient assessmentrevenue to sustain services and maintain an adequate fund balance reserve through at least FY 202627 based on the automatic CPI adjustment to the annual assessments authorized by Resolution 1991204 and 1991205. However, in early June 2022, upon further inspection of the district’s historicalgoverning documents, it was determined that the automatic CPI adjustment to the annual assessmentsauthorized by Resolution 1991204 and 1991205 was superseded by Resolution 199763 and 1997144 which set static maximum annual assessments for each parcel with no automatic CPI adjustmentas a result of a balloting process. Consequently, the district would be projected to have a fund balance deficit of approximately $40,000 inFY 202223 if services were to be provided at the current levels. In previous fiscal years when a budgetdeficit existed, assessment revenues were supplemented with funds from the district’s unreserved fundbalance. However, the district is projected to close FY 202122 with an available fund balance of justover $87,000, which is approximately $40,000 less than the balance required to fully supplement FY202223 revenues. To prevent such deficit in FY 202223, an approximate 45% reduction in thelandscaping services budget and 20% reduction in the irrigation budget from FY 202122 levels isnecessary.On July 5, 2022, staff informed council of the projected deficit. Council authorized staff to propose to thedistrict property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repaymentterm, as a shortterm solution. Staff will engage the district property owners in July and August 2022, viamailed flyer and/or virtual community meeting to inform them of the proposed loan and request that theyaffirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site will disclose historical and current information regarding thedistrict’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 13 – North Cordelia:The FY 202223 assessments for the North Cordelia district areproposed as follows: Citation and Pulte developments are proposed to remain at the FY 202122 rateof $180 per unit; Hidden Meadows subdivision is proposed to increase from the FY 202122 rate of$850.45 per unit to $882.77 per unit; Village Oaks subdivision is proposed to increase from the FY202122 rate of $207.40 per unit to $215.28 per unit; Jayo subdivision is proposed to increase from theFY 20212022 rate of $218.31 per unit to $226.61 per unit; all other subdivisions are proposed toremain at the FY 20212022 rate of $170 per unit. The assessments for commercial properties areproposed to increase by the October SFOaklandHayward All Urban Consumers CPI. Theassessments are the maximum rate allowable by the district’s adopted assessment range establishedfor each development/subdivision. The maximum rates for the Hidden Meadows, Village Oaks, andJayo subdivisions are adjusted each year by the October SFOaklandHayward All Urban ConsumersCPI.The total proposed revenue for this district is $644,129, which includes assessments of $613,895, aGeneral Fund contribution of $30,172, and interest of 62. There are no special projects planned for thisdistrict.While the annual authorized maximum assessments for the majority of development in the NorthCordelia district have remained unchanged since the 1990s, the district’s operation and maintenancecosts have increased due to general inflation overtime. The district was projected to have a fundbalance deficit of approximately $40,000 by the end of FY 202122, and an additional deficit of$119,000 by the end of FY 202223 for a total deficit of $159,000 if services continued to be providedat the FY 202021 levels. In previous fiscal years when a budget deficit existed, assessment revenueswere supplemented with funds from the district’s unreserved fund balance, however, the district’sunreserved fund balance was depleted in FY 202122. As a shortterm solution, the council authorized an additional $8,000 General Fund contribution anddirected staff to propose to the North Cordelia property owners a onetime $151,000 General Fundloan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. City staffconducted a community engagement process, which included a virtual town hall and an online survey.The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution202299, and issued in FY 202122.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 14 – Woodlake:The FY 202223 assessments for the Woodlake district are proposed toremain at the FY 202122 rates as follows: $206.25 per lot in the Woodlake/Horseshoe Lake Estatessubdivision, $251.25 per lot in the Paradise Crest (Annexation No. 1) and Paradise Glen (AnnexationNo. 2) subdivisions, $95.25 per lot in the Bedford Falls subdivision (Annexation No. 3), $251.25 per lotin the Villages I subdivision (Annexation No. 4), and $251.25 in the Villages II subdivision (AnnexationNo. 5). These assessments are below the district’s adopted assessment rate maximums for eachsubdivision, which are adjusted each year by the October SFOaklandHayward All Urban ConsumersCPI, as follows: $593 per lot in Woodlake/Horseshoe Lake Estates, $641.98 per lot in Paradise Crest(Annexation No. 1), $629.39 per lot in Paradise Glen (Annexation No. 2), $600.28 per lot in BedfordFalls (Annexation No. 3), $630.81 per lot in Villages I (Annexation No. 4), and $630.17 per lot inVillages II (Annexation No. 5). The total proposed revenue for this district is $316,796 , which includes assessments of $284,012, aGeneral Fund contribution of $16,646, and interest of $16,138. The special projects for this districtinclude landscape renovation and repair.LLMD No. 15 – Gold Ridge:The FY 202223 assessment for the Gold Ridge district is proposed toremain at the FY 202122 rate of $120 per dwelling for the Madison Subdivision and $150 per dwellingfor all other subdivisions. This assessment is below the district’s adopted assessment rate maximumsfor each subdivision, which are adjusted each year by the October SFOaklandHayward All UrbanConsumers CPI, as follows: $419.03 per dwelling in Gold Ridge Units 13, $578.06 per dwelling in GoldRidge Units 4 and 68 (Annexation No. 1), $475.81 per dwelling Gold Ridge Unit 5 (Annexation No. 2),$273.49 per dwelling in Madison (Annexation No. 3), $518.18 per dwelling in Gold Ridge Unit 9(Annexation No. 4), $190.69 per dwelling in Gold Ridge North Phase II (Annexation No. 5), $190.69 perdwelling in Gold Ridge Unit 10 (Annexation No. 6), $180.10 per dwelling in Villages at FairfieldVillagesIV (Annexation No. 7), and $169.27 per dwelling in Discovery I & III and Gold Ridge IIIA (Annexation No.8).The total proposed revenue for this district is $271,326, which includes assessments of $258,810, aGeneral Fund contribution of $5,202, and interest of $7,314. The special projects for this district includelandscape renovation and repair.LLMD No. 16 – Creekside at Cordelia:The FY 202223 assessments for the Creekside at Cordeliadistrict are proposed to decrease from the FY 202122 rate of $300 per parcel to $213 per parcel inthe Creekside at Cordelia subdivision and the Enclave at Red Top development (Annexation No. 1).This assessment is below the district’s adopted assessment rate maximum for each subdivision asfollows: $365.81 for the Creekside at Cordelia and $379.12 for the Enclave at Red Top. The total proposed revenue for this district is $44,664, which includes assessments of $44,091, andinterest of $573. The special projects for this district include landscape renovation and repair.LLMD No. 17 – ChadbourneBeckCordelia:The FY 202223 assessments for the ChadbourneBeck Cordelia district are proposed to remain at the FY 202122 rates which vary depending on parcel size.

The assessment rates are below the district’s adopted assessment rate maximums for each parcel.

The total proposed revenue for this district is $288,699, which includes assessments of $280,293, and interest of $8,406. The special projects for this district include landscape renovation and repair.

LLMD No. 18 – Gold Ridge Park:The FY 202223 assessment for the Gold Ridge Park district is proposed to remain at the FY 20212022 rate of $63.75 per parcel. This assessment is below the district’s adopted assessment rate maximum for each subdivision as follows: $118.10 per parcel in the Gold Ridge Neighborhood Park area, and $118.47 per parcel in the Discovery II & III and Gold Ridge IIIA subdivisions.

The total proposed revenue for this district is $110,020, which includes assessments of $93,203, a General Fund contribution of $14,064, and interest of $2,753. The special projects for this district include landscape repair.

LLMD No. 19 – Corporate Common:The FY 202223 assessments for the Corporate Commons (also known as Suisun Valley Road/Kaiser) district are proposed to remain at the FY 202122 rates which vary depending on parcel size. The assessment rates are below the district’s adopted assessment rate maximums for each parcel.

The total proposed revenue for this district is $128,811, which includes assessments of $127,192, and interest of $1,619. The special projects for this district include landscape renovation and repair.

On July 5, 2022, City Council adopted Resolutions 2022156 through 2022171 which granted preliminary approval of the FY 202223 engineer’s reports, declared the intention to levy and collect FY 202223 assessments, and provided notice of public hearings to be held on July 19, 2022. The adoption of these resolutions will provide final approval of the engineer’s reports, confirm the diagrams and assessments for FY 202223, and order the improvements for the Districts.

FINANCIAL IMPACT
The total proposed FY 202223 revenue for all districts is $4,212,696, which includes assessments of $4,001,700, General Fund (Fund 011, Division and Responsibility Code 99000) contributions of $173,760, and interest of $37,236. The City’s General Fund contributions are made in accordance with Resolution 91213B and subsequent engineer’s reports for various district formations and annexations to cover a portion of the costs for street lighting, arterial landscaping, and irrigation, which has been determined to be a general public benefit rather than a special benefit to the district property owners.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Budget and assessment information was presented to the property owners of LLMD 1, 3, 6, 7, 11, and 13 at various virtual community meetings between JanuaryJune 2022, and on the www.civicmic.com/city offairfield/ website. Budget and assessment information was also shared with the LLMD No. 5 – Smith Ranch and LLMD No. 7 – Rolling Hills landscape committees, the Rancho Solano, Paradise Valley, and North Cordelia homeowners’ associations, and the Rolling Hills Neighborhood Network. Staff will be engaging with the property owners of LLMD No. 12 in JulyAugust 2022. Finally, staff will be returning to council in July to present options for the formation of a new Landscaping and Lighting Maintenance District Oversight Committee.

ALTERNATIVE ACTION
If council has any questions regarding the adoption of these resolutions, this item may be rescheduled until the next council meeting to allow staff time to provide the necessary background information.

However, not approving these resolutions will prevent the City from collecting assessments for the 202223 tax year.

Packet Page 282 of 793

Agenda Item No: 18.AGENDA REPORTDATE:July 19, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public hearings; andResolutions 2022182 to 2022197 of the City Council of the City of Fairfield Approvingthe Fiscal Year 20222023 Engineer’s Reports, Confirming the Fiscal Year 20222023Diagrams and Assessments, and Ordering the Fiscal Year 20222023 Improvementsfor Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 –Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills,No. 8 – Kolob Estates, No. 10 – Southbrook, No. 11 – Paradise Valley North, No. 12 –Downtown Business District, No. 13 – North Cordelia, No. 14 – Woodlake, No. 15 –Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – ChadbourneBeckCordelia, No.18 – Gold Ridge Park, and No. 19 – Corporate CommonsRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe adoption of these resolutions will approve the fiscal year (FY) 202223 engineer’s reports, confirmthe FY 202223 diagrams and assessments, and order the FY 202223 improvements for 16landscaping and lighting maintenance districts (LLMDs).DISCUSSIONThe City formed LLMD 1, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 (Districts) between1984, and 2010, under the State of California Landscaping and Lighting Act of 1972, Streets andHighways Code Section 22500, et seq. (Act), to provide a funding source for the maintenance oflandscaping and lighting improvements within the various development areas. Annual assessment amounts for each district are subject to the provisions of Proposition 218 and mustbe set at or below (1) the assessment amount adopted at the time the district was formed, (2) theassessment amount adopted after the district was formed, but prior to the passage of Proposition 218in 1996, or (3) the assessment amount or range adopted in accordance with Proposition 218proceedings. The following summaries describe the proposed FY 202122 annual assessments andany applicable rate adjustments for each district.LLMD No. 1 – Gateway:The FY 202223 assessments for the Gateway district are proposed toincrease approximately 11% from the FY 20212022 rates to the maximum allowable rate for eachparcel established in 1995. Assessment rates for each parcel vary depending on parcel size. The total proposed revenue for this district is $205,971, which includes assessments of $205,965 andinterest of $6. The special projects for this district include landscape repair.While the annual authorized maximum assessments for the Gateway district have remained unchangedsince 1995, the district’s operation and maintenance costs have increased due to general inflationovertime. The district would be projected to have a fund balance deficit of approximately $170,000 bythe end of FY 202223 if services were to be provided at the current levels. In previous fiscal years whena budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, because the unreserved fund balance has been reduced over time,the district is projected to close FY 202122 with an overall deficit of ($29,710). Pursuant to the Streetsand Highways Code Section 22656, the deficit will be carried forward to FY 202223. To prevent suchdeficit in FY 20222023, the FY 202223 engineer’s report reflects an approximate 75% reduction inthe landscaping services and irrigation budget from FY 202122 levels. On April 19, 2022, City staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer to inform them of the proposed loan and requested that they affirm their support for, oropposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. Thewebsite also disclosed historical and current information regarding the district’s formation, legalrequirements, operations, and financial position. City staff will return to council after the July 19, 2022,public hearing with results of the property owner engagement to receive council’s direction regardingthe issuance of the loan and any applicable budget adjustments and increases to landscape andirrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 3 – Waterman Highlands: The FY 20222023 assessment for the Waterman Highlandsdistrict is proposed to remain at the FY 20212022 rate of $195 per parcel. The assessment is themaximum rate allowable by the district’s adopted assessment range established in 1996. The total proposed revenue for this district is $60,194, which includes assessments of $47,190, aGeneral Fund contribution of $13,000, and interest of $4. The special projects for this district includelandscape renovation and repair.While the annual authorized maximum assessments for the Waterman Highlands district have remainedunchanged since 1996, the district’s operation and maintenance costs have increased due to generalinflation overtime. The district would be projected to have a fund balance deficit of approximately$30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal yearswhen a budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, the district is projected to close FY 202122 with an available fundbalance of just over $93,000, which is approximately $30,000 less than the balance required to fullysupplement FY 202223 revenues. To prevent such deficit in FY 202223, an approximate 40%reduction in the landscaping services budget and 25% reduction in the irrigation budget from FY 202122 levels is necessary. On April 19, 2022, staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer and virtual community meeting to inform them of the proposed loan and requested thatthey affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regardingthe district’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 5 – Smith Ranch (Rancho Solano):The FY 202223 assessment for the Smith Ranch (alsoknown as “Rancho Solano”) district is proposed to increase from the FY 202122 rate of $570 perparcel to $663.66 per parcel. The assessment is the maximum rate allowable by the district’s adoptedassessment range, which was established in 1999 and is adjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical Workers Consumer Price Index (CPI). The total proposed revenue for this district is $831,766, which includes assessments of $796,392, aGeneral Fund contribution of $35,373, and interest of $1. The special projects for this district includelandscape repair.On April 19, 2022, staff informed council that this district is projected to have a fund balance deficit byFY 20232024 if services continued to be provided at the current levels without a property ownerapproved assessment rate increase. Staff reported that the City will be engaging with the propertyowners and will conduct a Proposition 218 balloting process during FY 202223 to determine futureservices and assessment rates.LLMD No. 6 – Peppertree:The FY 202223 assessment for the Peppertree district is proposed toremain at the FY 202122 rate of $60 per residential unit. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1996. The total proposed revenue for this district is $28,320, which includes assessments of $28,320, andinterest of $1. There are no special projects planned for this district.While the annual authorized maximum assessments for the Peppertree district have remainedunchanged since 1996, the district’s operation and maintenance costs have increased due to generalinflation overtime. The district would be projected to have a fund balance deficit of approximately$30,000 in FY 202223 if services were to be provided at the current levels. In previous fiscal yearswhen a budget deficit existed, assessment revenues were supplemented with funds from the district’sunreserved fund balance. However, the district is projected to close FY 202122 with an available fundbalance of just over $63,000, which is approximately $30,000 less than the balance required to fullysupplement FY 202223 revenues. To prevent such deficit in FY 202223, all landscaping services mustcease by September 1, 2022. On April 19, 2022, staff informed council of the projected deficit and was granted authorization topropose to the district property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repayment term, as a shortterm solution. Staff engaged the district property owners in June 2022,via mailed flyer and virtual community meeting to inform them of the proposed loan and requested thatthey affirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site also disclosed historical and current information regardingthe district’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 7 – Rolling Hills:The FY 202223 assessments for the Rolling Hills district are proposed toremain at the FY 202122 rates of $300 per parcel for the Rolling Hills development, and $250 perparcel for the Serpas Ranch development. These assessments are the maximum rates allowable by thedistrict’s adopted assessment ranges. The assessments for commercial properties at the intersectionof Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward UrbanWage Earners and Clerical Workers CPI.The total proposed revenue for this district is $351,850, which includes assessments of $316,447, aGeneral Fund contribution of $35,374, and interest of $29. There are no special projects planned forthis district. While the annual authorized maximum assessments for the Rolling Hills district have remainedunchanged since the 1990s, the district’s operation and maintenance costs have increased due togeneral inflation overtime. The district was projected to have a fund balance deficit of approximately$81,000 by the end of FY 202122, and an additional deficit of $364,000 by the end of FY 202223 for atotal deficit of $445,000 if services continued to be provided at the FY 202021 levels. In previous fiscalyears when a budget deficit existed, assessment revenues were supplemented with funds from thedistrict’s unreserved fund balance, however, the district’s unreserved fund balance was depleted in FY202122. As a shortterm solution, the council authorized an additional $35,000 General Fund contribution anddirected staff to propose to the Rolling Hills property owners a onetime $410,000 General Fund loan,issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staff conducted acommunity engagement process, which included a virtual town hall and an online survey. The loan andadditional General Fund contribution were authorized on May 3, 2022, by Resolution No. 202297, andissued in FY 202122. The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 8 – Kolob Estates:The FY 20222023 assessment for the Kolob Estates district isproposed to remain at the FY 202122 rate of $400 per parcel. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1994. The total proposed revenue for this district is $53,5111, which includes assessments of $52,000, aGeneral Fund contribution of $1,040, and interest of $71. The special projects for this district includelandscape renovation and repair.On April 19, 2022, staff informed council that this district was projected to have a fund balance deficit inFY 20222023 if services continued to be provided at the current levels without a property ownerapproved assessment rate increase, however, updated projections indicate that the deficit will not occuruntil FY 202324. The City will be engaging with the property owners and will conduct a Proposition 218balloting process during FY 202223 to determine future services and assessment rates. LLMD No. 10 – Southbrook:The FY 202223 assessments for the Southbrook district are proposed toincrease from the FY 202122 rates of $215 per parcel to $235 per parcel for the original developmentand annexation areas 19. The FY 202122 assessment for the Gold Hill Village 3 development,annexation no. 10, was $155.83 per lot, which was a prorated rate due to the timing of the annexation.The FY 202223 assessment for this development is proposed at $386.26 per lot. The assessments donot exceed the maximum rates allowable by the district’s adopted assessment ranges, which areadjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical WorkersCPI.The total proposed revenue for this district is $545,358, which includes assessments of $532,710, aGeneral Fund contribution of $12,485, and interest of $163. The special projects for this district includelandscape renovation and repair.LLMD No. 11 – Paradise Valley North:The FY 202223 assessment for the Paradise Valley Northdistrict is proposed to remain at the FY 202122 rate of $190 per residential unit. The assessment isthe maximum rate allowable by the district’s adopted assessment range established in 1995. The total proposed revenue for this district is $269,659, which includes assessments of $259,160, aGeneral Fund contribution of $10,404, and interest of $95. There are no special projects planned forthis district.While the annual authorized maximum assessments for the Paradise Valley North district haveremained unchanged since the 1995, the district’s operation and maintenance costs have increaseddue to general inflation overtime. The district was projected to have a fund balance deficit ofapproximately $40,000 by the end of FY 202122, and an additional deficit of $142,000 by the end ofFY 202223 for a total deficit of $182,000 if services continued to be provided at the FY 202021 levels.In previous fiscal years when a budget deficit existed, assessment revenues were supplemented withfunds from the district’s unreserved fund balance, however, the district’s unreserved fund balance wasdepleted in FY 202122. As a shortterm solution, the council authorized an additional $7,000 General Fund contribution anddirected staff to propose to the Paradise Valley North property owners a onetime $175,000 GeneralFund loan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. Staffconducted a community engagement process, which included a virtual town hall and an online survey.The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution No.202298, and issued in FY 202122.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.Staff has prepared a modification to the description of work set forth in the Engineer’s Report to specifythat the improvements include the maintenance of street lights on residential streets. This service wasinadvertently omitted from the report but has been included in the description of work since the Districtwas formed.LLMD No. 12 – Downtown Business District:The total FY 202223 assessments for the District areproposed to increase approximately 2% from the total amount levied in FY 202122. The proposedassessments for individual parcels vary by parcel size and are the maximum rates allowable by thedistrict’s adopted assessment range established in 1997. The total proposed revenue for this district is $62,021, which includes assessments of $62,020, andinterest of $1. There are no special projects planned for this district.In August 2021, the City hired NBS to conduct an initial review of the City’s 16 LLMDs to determine theoperational and financial viability of each district. The City planned to initiate Phase 2 of the review inmid to late 2022, which will include an indepth audit of each district’s governing documents,operations, financial and budgetary projections, and administrative best practices. Based on the results of the initial review, LLMD No. 12 was projected to have sufficient assessmentrevenue to sustain services and maintain an adequate fund balance reserve through at least FY 202627 based on the automatic CPI adjustment to the annual assessments authorized by Resolution 1991204 and 1991205. However, in early June 2022, upon further inspection of the district’s historicalgoverning documents, it was determined that the automatic CPI adjustment to the annual assessmentsauthorized by Resolution 1991204 and 1991205 was superseded by Resolution 199763 and 1997144 which set static maximum annual assessments for each parcel with no automatic CPI adjustmentas a result of a balloting process. Consequently, the district would be projected to have a fund balance deficit of approximately $40,000 inFY 202223 if services were to be provided at the current levels. In previous fiscal years when a budgetdeficit existed, assessment revenues were supplemented with funds from the district’s unreserved fundbalance. However, the district is projected to close FY 202122 with an available fund balance of justover $87,000, which is approximately $40,000 less than the balance required to fully supplement FY202223 revenues. To prevent such deficit in FY 202223, an approximate 45% reduction in thelandscaping services budget and 20% reduction in the irrigation budget from FY 202122 levels isnecessary.On July 5, 2022, staff informed council of the projected deficit. Council authorized staff to propose to thedistrict property owners a onetime General Fund loan, issued at 0% interest with a fiveyear repaymentterm, as a shortterm solution. Staff will engage the district property owners in July and August 2022, viamailed flyer and/or virtual community meeting to inform them of the proposed loan and request that theyaffirm their support for, or opposition to, the loan by taking a short online survey posted at www.civicmic.com/city offairfield/. The site will disclose historical and current information regarding thedistrict’s formation, legal requirements, operations, and financial position. Staff will return to councilafter the July 19, 2022, public hearing with results of the property owner engagement to receivecouncil’s direction regarding the issuance of the loan and any applicable budget adjustments andincreases to landscape and irrigation services.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 13 – North Cordelia:The FY 202223 assessments for the North Cordelia district areproposed as follows: Citation and Pulte developments are proposed to remain at the FY 202122 rateof $180 per unit; Hidden Meadows subdivision is proposed to increase from the FY 202122 rate of$850.45 per unit to $882.77 per unit; Village Oaks subdivision is proposed to increase from the FY202122 rate of $207.40 per unit to $215.28 per unit; Jayo subdivision is proposed to increase from theFY 20212022 rate of $218.31 per unit to $226.61 per unit; all other subdivisions are proposed toremain at the FY 20212022 rate of $170 per unit. The assessments for commercial properties areproposed to increase by the October SFOaklandHayward All Urban Consumers CPI. Theassessments are the maximum rate allowable by the district’s adopted assessment range establishedfor each development/subdivision. The maximum rates for the Hidden Meadows, Village Oaks, andJayo subdivisions are adjusted each year by the October SFOaklandHayward All Urban ConsumersCPI.The total proposed revenue for this district is $644,129, which includes assessments of $613,895, aGeneral Fund contribution of $30,172, and interest of 62. There are no special projects planned for thisdistrict.While the annual authorized maximum assessments for the majority of development in the NorthCordelia district have remained unchanged since the 1990s, the district’s operation and maintenancecosts have increased due to general inflation overtime. The district was projected to have a fundbalance deficit of approximately $40,000 by the end of FY 202122, and an additional deficit of$119,000 by the end of FY 202223 for a total deficit of $159,000 if services continued to be providedat the FY 202021 levels. In previous fiscal years when a budget deficit existed, assessment revenueswere supplemented with funds from the district’s unreserved fund balance, however, the district’sunreserved fund balance was depleted in FY 202122. As a shortterm solution, the council authorized an additional $8,000 General Fund contribution anddirected staff to propose to the North Cordelia property owners a onetime $151,000 General Fundloan, issued at 0% interest with a fiveyear repayment term commencing in FY 202324. City staffconducted a community engagement process, which included a virtual town hall and an online survey.The loan and additional General Fund contribution were authorized on May 3, 2022, by Resolution202299, and issued in FY 202122.The City will continue to engage with the property owners regarding future services and assessmentrates, and will conduct a Proposition 218 balloting process during FY 202223.LLMD No. 14 – Woodlake:The FY 202223 assessments for the Woodlake district are proposed toremain at the FY 202122 rates as follows: $206.25 per lot in the Woodlake/Horseshoe Lake Estatessubdivision, $251.25 per lot in the Paradise Crest (Annexation No. 1) and Paradise Glen (AnnexationNo. 2) subdivisions, $95.25 per lot in the Bedford Falls subdivision (Annexation No. 3), $251.25 per lotin the Villages I subdivision (Annexation No. 4), and $251.25 in the Villages II subdivision (AnnexationNo. 5). These assessments are below the district’s adopted assessment rate maximums for eachsubdivision, which are adjusted each year by the October SFOaklandHayward All Urban ConsumersCPI, as follows: $593 per lot in Woodlake/Horseshoe Lake Estates, $641.98 per lot in Paradise Crest(Annexation No. 1), $629.39 per lot in Paradise Glen (Annexation No. 2), $600.28 per lot in BedfordFalls (Annexation No. 3), $630.81 per lot in Villages I (Annexation No. 4), and $630.17 per lot inVillages II (Annexation No. 5). The total proposed revenue for this district is $316,796 , which includes assessments of $284,012, aGeneral Fund contribution of $16,646, and interest of $16,138. The special projects for this districtinclude landscape renovation and repair.LLMD No. 15 – Gold Ridge:The FY 202223 assessment for the Gold Ridge district is proposed toremain at the FY 202122 rate of $120 per dwelling for the Madison Subdivision and $150 per dwellingfor all other subdivisions. This assessment is below the district’s adopted assessment rate maximumsfor each subdivision, which are adjusted each year by the October SFOaklandHayward All UrbanConsumers CPI, as follows: $419.03 per dwelling in Gold Ridge Units 13, $578.06 per dwelling in GoldRidge Units 4 and 68 (Annexation No. 1), $475.81 per dwelling Gold Ridge Unit 5 (Annexation No. 2),$273.49 per dwelling in Madison (Annexation No. 3), $518.18 per dwelling in Gold Ridge Unit 9(Annexation No. 4), $190.69 per dwelling in Gold Ridge North Phase II (Annexation No. 5), $190.69 perdwelling in Gold Ridge Unit 10 (Annexation No. 6), $180.10 per dwelling in Villages at FairfieldVillagesIV (Annexation No. 7), and $169.27 per dwelling in Discovery I & III and Gold Ridge IIIA (Annexation No.8).The total proposed revenue for this district is $271,326, which includes assessments of $258,810, aGeneral Fund contribution of $5,202, and interest of $7,314. The special projects for this district includelandscape renovation and repair.LLMD No. 16 – Creekside at Cordelia:The FY 202223 assessments for the Creekside at Cordeliadistrict are proposed to decrease from the FY 202122 rate of $300 per parcel to $213 per parcel inthe Creekside at Cordelia subdivision and the Enclave at Red Top development (Annexation No. 1).This assessment is below the district’s adopted assessment rate maximum for each subdivision asfollows: $365.81 for the Creekside at Cordelia and $379.12 for the Enclave at Red Top. The total proposed revenue for this district is $44,664, which includes assessments of $44,091, andinterest of $573. The special projects for this district include landscape renovation and repair.LLMD No. 17 – ChadbourneBeckCordelia:The FY 202223 assessments for the ChadbourneBeckCordelia district are proposed to remain at the FY 202122 rates which vary depending on parcel size.The assessment rates are below the district’s adopted assessment rate maximums for each parcel. The total proposed revenue for this district is $288,699, which includes assessments of $280,293, andinterest of $8,406. The special projects for this district include landscape renovation and repair.LLMD No. 18 – Gold Ridge Park:The FY 202223 assessment for the Gold Ridge Park district isproposed to remain at the FY 20212022 rate of $63.75 per parcel. This assessment is below thedistrict’s adopted assessment rate maximum for each subdivision as follows: $118.10 per parcel in theGold Ridge Neighborhood Park area, and $118.47 per parcel in the Discovery II & III and Gold RidgeIIIA subdivisions. The total proposed revenue for this district is $110,020, which includes assessments of $93,203, aGeneral Fund contribution of $14,064, and interest of $2,753. The special projects for this districtinclude landscape repair.LLMD No. 19 – Corporate Common:The FY 202223 assessments for the Corporate Commons (alsoknown as Suisun Valley Road/Kaiser) district are proposed to remain at the FY 202122 rates whichvary depending on parcel size. The assessment rates are below the district’s adopted assessment ratemaximums for each parcel. The total proposed revenue for this district is $128,811, which includes assessments of $127,192, andinterest of $1,619. The special projects for this district include landscape renovation and repair.On July 5, 2022, City Council adopted Resolutions 2022156 through 2022171 which grantedpreliminary approval of the FY 202223 engineer’s reports, declared the intention to levy and collect FY202223 assessments, and provided notice of public hearings to be held on July 19, 2022. Theadoption of these resolutions will provide final approval of the engineer’s reports, confirm the diagramsand assessments for FY 202223, and order the improvements for the Districts.FINANCIAL IMPACTThe total proposed FY 202223 revenue for all districts is $4,212,696, which includes assessments of$4,001,700, General Fund (Fund 011, Division and Responsibility Code 99000) contributions of$173,760, and interest of $37,236. The City’s General Fund contributions are made in accordance withResolution 91213B and subsequent engineer’s reports for various district formations and annexationsto cover a portion of the costs for street lighting, arterial landscaping, and irrigation, which has beendetermined to be a general public benefit rather than a special benefit to the district property owners.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONBudget and assessment information was presented to the property owners of LLMD 1, 3, 6, 7, 11, and13 at various virtual community meetings between JanuaryJune 2022, and on the www.civicmic.com/city offairfield/ website. Budget and assessment information was also shared withthe LLMD No. 5 – Smith Ranch and LLMD No. 7 – Rolling Hills landscape committees, the RanchoSolano, Paradise Valley, and North Cordelia homeowners’ associations, and the Rolling HillsNeighborhood Network. Staff will be engaging with the property owners of LLMD No. 12 in JulyAugust2022. Finally, staff will be returning to council in July to present options for the formation of a newLandscaping and Lighting Maintenance District Oversight Committee.ALTERNATIVE ACTIONIf council has any questions regarding the adoption of these resolutions, this item may be rescheduleduntil the next council meeting to allow staff time to provide the necessary background information.However, not approving these resolutions will prevent the City from collecting assessments for the 202223 tax year.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution District No. 1 Gateway Attachment 2: Proposed Resolution District No. 3 Waterman Highlands Attachment 3: Proposed Resolution District No. 5 Smith Ranch Attachment 4: Proposed Resolution District No. 6 Peppertree Attachment 5: Proposed Resolution District No. 7 Rolling Hills Attachment 6: Proposed Resolution District No. 8 Kolob Estates Attachment 7: Proposed Resolution District No. 10 Southbrook Attachment 8: Proposed Resolution District No. 11 Paradise Valley North Attachment 9: Proposed Resolution District No. 12 Downtown Business District Attachment 10: Proposed Resolution District No. 13 North Cordelia Attachment 11: Proposed Resolution District No. 14 Woodlake Attachment 12: Proposed Resolution District No. 15 Gold Ridge Attachment 13: Proposed Resolution District No. 16 Creekside at Cordelia Attachment 14: Proposed Resolution District No. 17 ChadbourneBeckCordelia Attachment 15: Proposed Resolution District No. 18 Gold Ridge Park Attachment 16: Proposed Resolution District No. 19 Corporate Commons Attachment 17: Supplements to the Engineer's Report by Maintenance District No.

REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 7/6/2022 1:31 PM
Beavers, Esther Approved 7/6/2022 8:12 PM
Beavers, Esther Approved 7/6/2022 8:13 PM
Packet Page 283 of 793

CITY OF FAIRFIELD

RESOLUTION NO. 2022-182

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FISCAL YEAR 2022-2023 ENGINEER’S REPORT, CONFIRMING THE FISCAL YEAR 2022-2023 DIAGRAM AND ASSESSMENTS, AND ORDERING THE FISCAL YEAR 2022-2023 IMPROVEMENTS FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 – GATEWAY

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 1 - Gateway (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-156 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all interested persons were given an opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessments against lots or parcels of real property within the District for the 2022-2023 fiscal year. The council considered all oral and written statements, protests, and communications made or filed by interested persons.

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

Section 1. Based upon its review of the Engineer's Report, a copy of which has been filed with the city clerk, and other information presented to the council, the council finds and Packet Page 284 of 793Attachment 1 Page 1 of 3

RES. NO. 2022-182

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determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 6. The assessment is levied for the purpose of paying the costs and expenses of the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights-of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city for fiscal year 2022-2023.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Section 8. The maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights-of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city shall be performed pursuant to law.

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RES. NO. 2022-182

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Section 9. The county auditor of the county of Solano shall enter on the county assessment roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as county taxes are collected.

Section 10. The city clerk is authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the county auditor of the county of Solano, together with a certified copy of this resolution upon its adoption.

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 286 of 793Attachment 1 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-183

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 3 – Waterman Highlands (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-157 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all interested persons were given an opportunity to hear and be heard regardin g protests and objections to the levy and collection of the proposed assessments against lots or parcels of real property within the District for the 2022-2023 fiscal year. The council considered all oral and written statements, protests, and communications made or filed by interested persons.

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

RES. NO. 2022-183

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets an d sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

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RES. NO. 2022-183

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Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 289 of 793Attachment 2 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-184

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 5 – Smith Ranch (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-158 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all interested persons were given an opportunity to hear and be heard regardin g protests and objections to the levy and collection of the proposed assessments against lots or parcels of real property within the District for the 2022-2023 fiscal year. The council considered all oral and written statements, protests, and communications made or filed by interested persons.

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

RES. NO. 2022-184

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets an d sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

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RES. NO. 2022-184

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Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 292 of 793Attachment 3 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-185

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 6 – Peppertree (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-159 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all interested persons were given an opportunity to hear and be heard regardin g protests and objections to the levy and collection of the proposed assessments against lots or parcels of real property within the District for the 2022-2023 fiscal year. The council considered all oral and written statements, protests, and communications made or filed by interested persons.

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

RES. NO. 2022-185

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets an d sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 294 of 793Attachment 4 Page 2 of 3

RES. NO. 2022-185

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Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 295 of 793Attachment 4 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-186

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 7 – Rolling Hills (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-160 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-186

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street li ghts, and appurtenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 297 of 793Attachment 5 Page 2 of 3

RES. NO. 2022-186

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 298 of 793Attachment 5 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-187

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 8 – Kolob Estates (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-161 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-187

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appur tenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 300 of 793Attachment 6 Page 2 of 3

RES. NO. 2022-187

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 301 of 793Attachment 6 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-188

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 10 – Southbrook (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-162 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-188

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street li ghts, and appurtenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 303 of 793Attachment 7 Page 2 of 3

RES. NO. 2022-188

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 304 of 793Attachment 7 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-189

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FISCAL YEAR 2022-2023 ENGINEER’S REPORT, AS MODIFIED, CONFIRMING THE FISCAL YEAR 2022-2023 DIAGRAM AND ASSESSMENTS, AND ORDERING THE FISCAL YEAR 2022-2023 IMPROVEMENTS FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 11 – PARADISE VALLEY NORTH

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 11 – Paradise Valley North (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-163 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

WHEREAS, staff has prepared a modification to the description of work set forth in the Engineer’s Report to specify that the improvements include the maintenance of street lights on residential streets; and

Packet Page 305 of 793Attachment 8 Page 1 of 3

RES. NO. 2022-189

Page 2 ends

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

Section 1. Based upon its review of the Engineer's Report, a copy of which has been filed with the city clerk, the modification to the Engineer’s Report described herein, and other information presented to the council, the council finds and determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights-of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council approves the modification to the Engineer’s Report described herein, and approves the Engineer’s Report as modified, and declares that the diagram and assessment in the Engineer's Report, as modified, are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report, as modified, to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

RES. NO. 2022-189

Page 3 ends

maintenance and servicing of landscaping within the boundaries of the city shall be performed pursuant to law.

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 307 of 793Attachment 8 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-190

DISTRICT

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 12 – Downtown Business District (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-164 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all interested persons were given an opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessments aga inst lots or parcels of real property within the District for the 2022-2023 fiscal year. The council considered all oral and written statements, protests, and communications made or filed by interested persons.

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

Packet Page 308 of 793Attachment 9 Page 1 of 3

RES. NO. 2022-190

Page 2 ends

Section 1. Based upon its review of the Engineer's Report, a copy of which has been filed with the city clerk, and other information presented to the council, the council finds and determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights-of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 309 of 793Attachment 9 Page 2 of 3

RES. NO. 2022-190

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 310 of 793Attachment 9 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-191

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 13 – North Cordelia (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-165 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-191

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights-of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 312 of 793Attachment 10 Page 2 of 3

RES. NO. 2022-191

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 313 of 793Attachment 10 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-192

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 14 – Woodlake (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-166 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-192

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appurtenant facilities located in and along public streets, roadways and rights-of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 315 of 793Attachment 11 Page 2 of 3

RES. NO. 2022-192

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 316 of 793Attachment 11 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-193

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 15 – Gold Ridge (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-167 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-193

Page 2 ends

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

Packet Page 318 of 793Attachment 12 Page 2 of 3

RES. NO. 2022-193

Page 3 ends

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 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 319 of 793Attachment 12 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2022-194

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 16 – Creekside at Cordelia (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-168 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by law; and

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

RES. NO. 2022-194

Page 2 ends

determines (i) that the land within the District will be benefited by the improvements described in the Engineer's Report, namely the maintenance and operation of public streets and sidewalks within the District, including the maintenance and servicing of street lights, and appur tenant facilities located in and along public streets, roadways and rights -of-way and the installation, operation, maintenance and servicing of landscaping within the boundaries of the city, (ii) that the District includes all of the land so benefited, and (iii) that the net amount to be assessed upon the land within the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All oral and written protests and objections are overruled by the council.

Section 2. The council declares that the diagram and assessment in the Engineer's Report are confirmed.

Section 3. The council orders the improvements described in the Engineer's Report to be made.

Section 4. The assessment is in compliance with the provisions of the Act, and the council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act.

Section 5. The assessment is levied without regard to property valuation.

Section 7. The adoption of this resolution constitutes the levy of the assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

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RES. NO. 2022-194

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Section 11. A certified copy of the assessment and diagram shall be filed in the office of the city clerk and be open for public inspection.

PASSED AND ADOPTED this 19th day of July, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-195

CHADBOURNE-BECK-CORDELIA

WHEREAS, by its Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts, this City Council designated an engineer (“Engineer”) ]and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), which report is on file in the office of the city clerk; and

WHEREAS, pursuant to Resolution No. 91-136, the Engineer prepared a supplement to said report in accordance with the Act for Maintenance District No. 17 - Chadbourne-Beck-Cordelia (“District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and said report, as supplemented by the supplemental report, on file in the office of the city clerk, shall constitute the engineer’s report for fiscal year 2022-2023 (“Engineer’s Report”); and

WHEREAS, this council duly considered the Engineer’s Report and found it to be sufficient in every particular, whereupon this council, pursuant to its Resolution No. 2022-169 adopted July 5, 2022, preliminarily approved the Engineer’s Report and declared its intention to levy and collect assessments within the District for the 2022-2023 fiscal year, and appointed July 19, 2022, at the hour of 6:00 p.m., in a regular meeting of this council, Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as the time and place for a public hearing by this council on the question of the levy and collection of the proposed assessments, notice of which hearing was given as required by l aw; and

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

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RES. NO. 2022-195

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Fairfield City CouncilJuly 19, 2022

Fairfield City Council
July 19, 2022