Agenda — Fairfield City Council, August 16, 2022 (part 1 of 7)

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

Pursuant to AB 361 regarding public meetings held during the COVID19 emergency, councilmembers may attend via teleconference. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89758314051?pwd=Y0M1TE5TUngvL0c3aGRqYzFkekhLZz09 or via phone (408) 6380968, Webinar ID: 897 5831 4051, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Worship Pastor Westlund Childs, Glad Tidings Apostolic Church PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
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PRESENTATIONS

1.Proclamation Recognizing Greg Stepanicich's Retirement Presented by Mayor Harry Price Contact:Karen Rees, (707) 428 7767
a

2.Proclamation Declaring National Suicide & Prevention Week Presented by Councilmember Chuck Timm
Contact:Karen Rees, (707) 428 7767
a

3.Youth Photography Contest Awards
Contact:Jonathan Luong, (707) 4287463
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

4.Approval of Meeting Minutes from July 2022
Recommended Action
Approve the meeting minutes.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287400
a

5.Resolution 2022198 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a
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6.Resolution 2022199 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License Between the City of Fairfield, the County of Solano, and Pacific Livestock, Inc. for the Approximately 288Acre Property Commonly Known as the Wilcox Triangle Property Located in Solano County, California
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dwayne Dalman, (707) 4287649
a

7.Resolution 2022200 of the City Council of the City of Fairfield Approving the Second Amendment to Declaration of Easements, Covenants and Restrictions Entered Into By and Among the City of Fairfield, a California Municipal Corporation, Tallen California LLC, a California Limited Liability Company, 99 Cents Only Stores LLC, a California Limited Liability Company, and McDonald’s USA, LLC, a Delaware Limited Liability Company Against Real Property located in the City of Fairfield, More Commonly Known as Parcels 1, 2, 3, 4 and 5, as Shown on that Certain Map Entitled: “Fairfield Home and Garden Center II,” Which Map was Filed in the Office of the County Recorder of Solano County, California on March 13, 1995, in Book 39 of Parcel Maps at Page 21
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dwayne Dalman, (707) 4287649
a

8.Resolution 2022201 of the City Council of the City of Fairfield Approving the Professional Services Agreement for Geographic Information System Assessment and Strategy with Vestra Resources, Inc.

Recommended Action
Adopt resolution.

Funding Source
$200,000 (General Fund, $100,000; Sewer Mains Cap Projects Fund, $50,000; and Municipal Water Utility Fund, $50,000)
Contact:Jonathan Luong, (707) 4287463
a

9.Resolution 2022202 of the City Council of the City of Fairfield Approving a Loan and Third Amendment to the Purchase and Sale Agreement Between the City of Fairfield and APRR Management, LLC, and Authorizing Execution of a Promissory Note, Deed of Trust, and Assignment Agreement for Engineering/Architectural Plans for the Hotel Property Recommended Action
Adopt resolution.

Funding Source
$800,000; Intergovernmental Loan Fund
Contact:David Gassaway, (707) 4287400
a

10.Resolution 2022203 of the City Council of the City of Fairfield Authorizing Amendments to the Departmental Position Control List
Recommended Action
Packet Page 3 of 1251

Funding Source
$230,000; Various Funds
Contact:Farbod Pirouzmand, (707) 4287397
a

11.Resolution 2022204 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement for the Exchange of Real Property and Joint Recording Instructions between the City of Fairfield and FairfieldSuisun Unified School District Recommended Action
Adopt resolution.

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

12.Resolution 2022205 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Grant Deeds Transferring Certain Real Property, Easements, and Similar Instruments, Related to the Villages at Fairfield Development (Parcels C & G) Recommended Action
Adopt resolution.

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

13.Resolution 2022206 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 5 to the Design Services Agreement between the City of Fairfield and Callander Associates, Inc., for the Implementation Plan of the Central Fairfield Revitalization Recommended Action
Adopt resolution.

Funding Source
$883,461; Park Capital Fund
Contact:Caroline Vedder, (707) 4287484
a

14.Resolution 2022207 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to All About Building, Inc. for the Fire Station 35 – Alterations and Fire Station 40 – Door Replacement Project Recommended Action
Adopt resolution.

Funding Source
$313,200; Public Buildings Capital Projects Fund
Contact:Caroline Vedder, (707) 4287484
a

15.Resolution 2022208 of the City Council of the City of Fairfield Authorizing the City Manager to Execute the Second Amendment to the Memorandum of Understanding By and Among the Cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and the Solano Transportation Authority for Intercity Taxi Card Program Services Recommended Action
Adopt resolution.

Packet Page 4 of 1251

Funding Source
N/A
Contact:Amber Villarreal, (707) 4343804
a

16.Resolution 2022209 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Purchase Automatic Passenger Counters from Urban Transportation Associates for Fairfield and Suisun Transit (FAST) Vehicles Recommended Action
Adopt resolution.

Funding Source
$211,755; Public Works Transportation Fund
Contact:Shaun Vigil, (707) 4343807
a
NEW BUSINESS

17.Landscaping and Lighting Maintenance Districts Oversight Committee Recommended Action
Receive presentation and provide direction to staff.

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

18.Resolutions 2022210 to 2022213 of the City Council of the City of Fairfield Authorizing a Loan and Budget Transfer from the Intergovernmental Loan Fund to Landscaping and Lighting Maintenance District No. 1 – Gateway, District No. 3 – Waterman Highlands, District No. 6 – Peppertree, and District No. 12 – Downtown Business District for Landscape Maintenance Services Through the Fiscal Year 20222023 and Authorizing an Update to the Fiscal Year 20222023 Budget
Recommended Action
Receive report, open discussion, adopt resolutions, or provide direction to staff.

Funding Source
$265,000; Intergovernmental Loan Fund
Contact:Chris Lewis, (707) 4287089
a

19.Resolution 2022214 of the City Council of the City of Fairfield Authorizing the Mayor and City Manager to Execute an Indemnification Agreement between Solano County and the City of Fairfield; and
Resolution 2022215 of the City Council of the City of Fairfield Authorizing the Mayor and City Manager to Execute a Potable Water Service Agreement Between Solano Irrigation District and the City of Fairfield for the Middle Green Valley Specific Plan Area Recommended Action
Adopt resolutions.

Funding Source
N/A
Contact:Michael Hether, (707) 4287493
a
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, AUGUST 16, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89758314051?pwd=Y0M1TE5TUngvL0c3aGRqYzFkekhLZz09 or viaphone (408) 6380968, Webinar ID: 897 5831 4051, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Westlund Childs, Glad Tidings Apostolic ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Recognizing Greg Stepanicich's Retirement Presented by Mayor Harry PriceContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring National Suicide & Prevention Week Presented by CouncilmemberChuck TimmContact:Karen Rees, (707) 428 7767a3.Youth Photography Contest AwardsContact:Jonathan Luong, (707) 4287463aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Approval of Meeting Minutes from July 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287400a5.Resolution 2022198 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a6.Resolution 2022199 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Grazing License Between the City of Fairfield, the County of Solano, andPacific Livestock, Inc. for the Approximately 288Acre Property Commonly Known as the WilcoxTriangle Property Located in Solano County, CaliforniaRecommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a7.Resolution 2022200 of the City Council of the City of Fairfield Approving the SecondAmendment to Declaration of Easements, Covenants and Restrictions Entered Into By andAmong the City of Fairfield, a California Municipal Corporation, Tallen California LLC, aCalifornia Limited Liability Company, 99 Cents Only Stores LLC, a California Limited LiabilityCompany, and McDonald’s USA, LLC, a Delaware Limited Liability Company Against RealProperty located in the City of Fairfield, More Commonly Known as Parcels 1, 2, 3, 4 and 5, asShown on that Certain Map Entitled: “Fairfield Home and Garden Center II,” Which Map wasFiled in the Office of the County Recorder of Solano County, California on March 13, 1995, inBook 39 of Parcel Maps at Page 21Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a8.Resolution 2022201 of the City Council of the City of Fairfield Approving the ProfessionalServices Agreement for Geographic Information System Assessment and Strategy with VestraResources, Inc.Recommended ActionAdopt resolution.Funding Source$200,000 (General Fund, $100,000; Sewer Mains Cap Projects Fund, $50,000; and MunicipalWater Utility Fund, $50,000)Contact:Jonathan Luong, (707) 4287463a9.Resolution 2022202 of the City Council of the City of Fairfield Approving a Loan and ThirdAmendment to the Purchase and Sale Agreement Between the City of Fairfield and APRRManagement, LLC, and Authorizing Execution of a Promissory Note, Deed of Trust, andAssignment Agreement for Engineering/Architectural Plans for the Hotel PropertyRecommended ActionAdopt resolution.Funding Source$800,000; Intergovernmental Loan FundContact:David Gassaway, (707) 4287400a10.Resolution 2022203 of the City Council of the City of Fairfield Authorizing Amendments to theDepartmental Position Control ListRecommended ActionAdopt resolution.Funding Source$230,000; Various FundsContact:Farbod Pirouzmand, (707) 4287397a11.Resolution 2022204 of the City Council of the City of Fairfield Authorizing the City Manager toExecute an Agreement for the Exchange of Real Property and Joint Recording Instructionsbetween the City of Fairfield and FairfieldSuisun Unified School DistrictRecommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a12.Resolution 2022205 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Grant Deeds Transferring Certain Real Property, Easements, and Similar Instruments,Related to the Villages at Fairfield Development (Parcels C & G)Recommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a13.Resolution 2022206 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Amendment No. 5 to the Design Services Agreement between the City of Fairfield andCallander Associates, Inc., for the Implementation Plan of the Central Fairfield RevitalizationRecommended ActionAdopt resolution.Funding Source$883,461; Park Capital FundContact:Caroline Vedder, (707) 4287484a14.Resolution 2022207 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to All About Building, Inc. for the Fire Station 35 –Alterations and Fire Station 40 – Door Replacement ProjectRecommended ActionAdopt resolution.Funding Source$313,200; Public Buildings Capital Projects FundContact:Caroline Vedder, (707) 4287484a15.Resolution 2022208 of the City Council of the City of Fairfield Authorizing the City Manager toExecute the Second Amendment to the Memorandum of Understanding By and Among theCities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and theSolano Transportation Authority for Intercity Taxi Card Program ServicesRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Villarreal, (707) 4343804a16.Resolution 2022209 of the City Council of the City of Fairfield to Suspend Competitive Biddingand Authorize the City Manager to Purchase Automatic Passenger Counters from UrbanTransportation Associates for Fairfield and Suisun Transit (FAST) VehiclesRecommended ActionAdopt resolution.Funding Source$211,755; Public Works Transportation FundContact:Shaun Vigil, (707) 4343807aNEW BUSINESS17.Landscaping and Lighting Maintenance Districts Oversight CommitteeRecommended ActionReceive presentation and provide direction to staff.Funding SourceN/AContact:Ryan Panganiban, (707) 4287017a18.Resolutions 2022210 to 2022213 of the City Council of the City of Fairfield Authorizing a Loanand Budget Transfer from the Intergovernmental Loan Fund to Landscaping and LightingMaintenance District No. 1 – Gateway, District No. 3 – Waterman Highlands, District No. 6 –Peppertree, and District No. 12 – Downtown Business District for Landscape MaintenanceServices Through the Fiscal Year 20222023 and Authorizing an Update to the Fiscal Year20222023 BudgetRecommended ActionReceive report, open discussion, adopt resolutions, or provide direction to staff.Funding Source$265,000; Intergovernmental Loan FundContact:Chris Lewis, (707) 4287089a19.Resolution 2022214 of the City Council of the City of Fairfield Authorizing the Mayor and CityManager to Execute an Indemnification Agreement between Solano County and the City ofFairfield; and Resolution 2022215 of the City Council of the City of Fairfield Authorizing the Mayor and CityManager to Execute a Potable Water Service Agreement Between Solano Irrigation District andthe City of Fairfield for the Middle Green Valley Specific Plan AreaRecommended ActionAdopt resolutions.Funding SourceN/A Contact:Michael Hether, (707) 4287493
a
PUBLIC HEARINGS

20.Public Hearing;
and Resolution 2022216 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the Revocation of Business License Number 21001161 Belonging to Auto Service and Towing, Located at 1350 North Texas Street, Fairfield, CA Recommended Action
Hold public haring and adopt resolution.

Funding Source
N/A
Contact:David Lim, (415) 4218484
a

21.Public Hearing;
and First Reading and Introduction of Ordinance 202209 of the City Council of the City of Fairfield Amending Chapter 27, Article X, Section 27.1104 of the Fairfield Municipal Code, Also Known as the City of Fairfield Community Preservation, to Establish the Regulations of Vacant Window Storefronts in the Downtown
Recommended Action
Hold public hearing; waive full reading, read by title only, and introduce ordinance for first reading.

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

22.Public hearings; and
Resolutions 2022217 to 2022232 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.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
ADJOURN TO TUESDAY, SEPTEMBER 6, 2022, 6:00 P.M., COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
Packet Page 6 of 1251

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, AUGUST 16, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99 and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89758314051?pwd=Y0M1TE5TUngvL0c3aGRqYzFkekhLZz09 or viaphone (408) 6380968, Webinar ID: 897 5831 4051, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Westlund Childs, Glad Tidings Apostolic ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Recognizing Greg Stepanicich's Retirement Presented by Mayor Harry PriceContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring National Suicide & Prevention Week Presented by CouncilmemberChuck TimmContact:Karen Rees, (707) 428 7767a3.Youth Photography Contest AwardsContact:Jonathan Luong, (707) 4287463aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Approval of Meeting Minutes from July 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287400a5.Resolution 2022198 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a6.Resolution 2022199 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Grazing License Between the City of Fairfield, the County of Solano, andPacific Livestock, Inc. for the Approximately 288Acre Property Commonly Known as the WilcoxTriangle Property Located in Solano County, CaliforniaRecommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a7.Resolution 2022200 of the City Council of the City of Fairfield Approving the SecondAmendment to Declaration of Easements, Covenants and Restrictions Entered Into By andAmong the City of Fairfield, a California Municipal Corporation, Tallen California LLC, aCalifornia Limited Liability Company, 99 Cents Only Stores LLC, a California Limited LiabilityCompany, and McDonald’s USA, LLC, a Delaware Limited Liability Company Against RealProperty located in the City of Fairfield, More Commonly Known as Parcels 1, 2, 3, 4 and 5, asShown on that Certain Map Entitled: “Fairfield Home and Garden Center II,” Which Map wasFiled in the Office of the County Recorder of Solano County, California on March 13, 1995, inBook 39 of Parcel Maps at Page 21Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a8.Resolution 2022201 of the City Council of the City of Fairfield Approving the ProfessionalServices Agreement for Geographic Information System Assessment and Strategy with VestraResources, Inc.Recommended ActionAdopt resolution.Funding Source$200,000 (General Fund, $100,000; Sewer Mains Cap Projects Fund, $50,000; and MunicipalWater Utility Fund, $50,000)Contact:Jonathan Luong, (707) 4287463a9.Resolution 2022202 of the City Council of the City of Fairfield Approving a Loan and ThirdAmendment to the Purchase and Sale Agreement Between the City of Fairfield and APRRManagement, LLC, and Authorizing Execution of a Promissory Note, Deed of Trust, andAssignment Agreement for Engineering/Architectural Plans for the Hotel PropertyRecommended ActionAdopt resolution.Funding Source$800,000; Intergovernmental Loan FundContact:David Gassaway, (707) 4287400a10.Resolution 2022203 of the City Council of the City of Fairfield Authorizing Amendments to theDepartmental Position Control ListRecommended ActionAdopt resolution.Funding Source$230,000; Various FundsContact:Farbod Pirouzmand, (707) 4287397a11.Resolution 2022204 of the City Council of the City of Fairfield Authorizing the City Manager toExecute an Agreement for the Exchange of Real Property and Joint Recording Instructionsbetween the City of Fairfield and FairfieldSuisun Unified School DistrictRecommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a12.Resolution 2022205 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Grant Deeds Transferring Certain Real Property, Easements, and Similar Instruments,Related to the Villages at Fairfield Development (Parcels C & G)Recommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a13.Resolution 2022206 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Amendment No. 5 to the Design Services Agreement between the City of Fairfield andCallander Associates, Inc., for the Implementation Plan of the Central Fairfield RevitalizationRecommended ActionAdopt resolution.Funding Source$883,461; Park Capital FundContact:Caroline Vedder, (707) 4287484a14.Resolution 2022207 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to All About Building, Inc. for the Fire Station 35 –Alterations and Fire Station 40 – Door Replacement ProjectRecommended ActionAdopt resolution.Funding Source$313,200; Public Buildings Capital Projects FundContact:Caroline Vedder, (707) 4287484a15.Resolution 2022208 of the City Council of the City of Fairfield Authorizing the City Manager toExecute the Second Amendment to the Memorandum of Understanding By and Among theCities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and theSolano Transportation Authority for Intercity Taxi Card Program ServicesRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Villarreal, (707) 4343804a16.Resolution 2022209 of the City Council of the City of Fairfield to Suspend Competitive Biddingand Authorize the City Manager to Purchase Automatic Passenger Counters from UrbanTransportation Associates for Fairfield and Suisun Transit (FAST) VehiclesRecommended ActionAdopt resolution.Funding Source$211,755; Public Works Transportation FundContact:Shaun Vigil, (707) 4343807aNEW BUSINESS17.Landscaping and Lighting Maintenance Districts Oversight CommitteeRecommended ActionReceive presentation and provide direction to staff.Funding SourceN/AContact:Ryan Panganiban, (707) 4287017a18.Resolutions 2022210 to 2022213 of the City Council of the City of Fairfield Authorizing a Loanand Budget Transfer from the Intergovernmental Loan Fund to Landscaping and LightingMaintenance District No. 1 – Gateway, District No. 3 – Waterman Highlands, District No. 6 –Peppertree, and District No. 12 – Downtown Business District for Landscape MaintenanceServices Through the Fiscal Year 20222023 and Authorizing an Update to the Fiscal Year20222023 BudgetRecommended ActionReceive report, open discussion, adopt resolutions, or provide direction to staff.Funding Source$265,000; Intergovernmental Loan FundContact:Chris Lewis, (707) 4287089a19.Resolution 2022214 of the City Council of the City of Fairfield Authorizing the Mayor and CityManager to Execute an Indemnification Agreement between Solano County and the City ofFairfield; and Resolution 2022215 of the City Council of the City of Fairfield Authorizing the Mayor and CityManager to Execute a Potable Water Service Agreement Between Solano Irrigation District andthe City of Fairfield for the Middle Green Valley Specific Plan AreaRecommended ActionAdopt resolutions.Funding SourceN/AContact:Michael Hether, (707) 4287493aPUBLIC HEARINGS20.Public Hearing;and Resolution 2022216 of the City Council of the City of Fairfield [Approving/Sustaining][Denying/Overruling] the Appeal of the Revocation of Business License Number 21001161Belonging to Auto Service and Towing, Located at 1350 North Texas Street, Fairfield, CARecommended ActionHold public haring and adopt resolution.Funding SourceN/AContact:David Lim, (415) 4218484a21.Public Hearing; and First Reading and Introduction of Ordinance 202209 of the City Council of the City ofFairfield Amending Chapter 27, Article X, Section 27.1104 of the Fairfield Municipal Code, AlsoKnown as the City of Fairfield Community Preservation, to Establish the Regulations of VacantWindow Storefronts in the DowntownRecommended ActionHold public hearing; waive full reading, read by title only, and introduce ordinance for firstreading.Funding SourceN/AContact:Jonathan Luong, (707) 4287463a22.Public hearings; andResolutions 2022217 to 2022232 of the City Council of the City of Fairfield Approving theFiscal Year 20222023 Engineer’s Reports, Confirming the Fiscal Year 20222023 Diagramsand Assessments, and Ordering the Fiscal Year 20222023 Improvements for Landscaping andLighting Maintenance Districts No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – SmithRanch, 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.Funding SourceN/AContact:Chris Lewis, (707) 4287089aADJOURN TO TUESDAY, SEPTEMBER 6, 2022, 6:00 P.M., COUNCIL CHAMBER.Any disclosable public records related to an open session item on a regular meeting agenda anddistributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hoursprior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000Webster Street, Fairfield, California during normal business hours.

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on August 11, 2022.

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Agenda Item No: 4.

AGENDA REPORT
DATE:August 16, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Approval of Meeting Minutes from July 2022
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The following minutes have been approved by the city attorney and need council approval:

City Council Closed Session Minutes for July 5, 2022
City Council Minutes for July 5, 2022
Paradise Valley Maintenance & Monitoring District Minutes for July 5, 2022 City Council Minutes for July 19, 2022
Paradise Valley Maintenance & Monitoring District Minutes for July 19, 2022 City Council Special Meeting Minutes for July 29, 2022
City Council Closed Session Minutes for July 29, 2022
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.

STAFF CONTACT
Esther Beavers
(707) 4287400
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Agenda Item No: 4.AGENDA REPORTDATE:August 16, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Approval of Meeting Minutes from July 2022RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe following minutes have been approved by the city attorney and need council approval:City Council Closed Session Minutes for July 5, 2022City Council Minutes for July 5, 2022Paradise Valley Maintenance & Monitoring District Minutes for July 5, 2022City Council Minutes for July 19, 2022Paradise Valley Maintenance & Monitoring District Minutes for July 19, 2022City Council Special Meeting Minutes for July 29, 2022City Council Closed Session Minutes for July 29, 2022FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACT Esther Beavers
(707) 4287400
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Closed Session Minutes 752022
City Council Minutes 752022
PVMMD Minutes 752022
City Council Minutes 7192022
PVMMD Minutes 7192022
City Council Special Meeting Minutes 7292022
Closed Session Minutes 7292022
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/9/2022 5:25 PM
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City Council Special Meeting July 5, 2022

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

SPECIAL MEETING
TUESDAY, JULY 5, 2022; 5:30 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533

CLOSED SESSION AGENDA

MINUTES

CALL TO ORDER

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

On roll call were Councilmembers Pam Bertani (via Zoom), Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice Mayor Rick Vaccaro, and Mayor Price.

No members of the public wished to speak. The City Council went into closed session.

NEW BUSINESS - CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph 1 of subdivision (d) of Section 54956.9 of the Government Code Name of case: City of Long Beach, et. al. v.

Monsanto Company, et. al., United States District Court, Central District of California, Case No. CV 16-3493 FMO (ASx)

The City came out of closed session.

The City Attorney announced that the City Council voted 7-0 to stay in the class action lawsuit as a plaintiff in the matter of City of Long Beach, et. al. v. Monsanto Company, et. al., United States District Court, Central District of California, Case No. CV 16-3493 FMO(ASx).

The meeting was adjourned at 5:35 p.m.

______________________________
City Attorney

________________________________
Mayor
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CITY OF FAIRFIELD FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, JULY 5, 2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET,
FAIRFIELD, CA 94533

MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 6:05 p.m.

ROLL CALL

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

INVOCATION

Worship Pastor Rayshaun Trotter of LOGIC Ministries gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Panduro led the Pledge of Allegiance.

COUNCIL REPORTS

Vice Mayor Vaccaro stated his thoughts and prayers were with the victims of mass shooting in Highland Park, Illinois during their July 4 Parade. He commented that it was disturbing to hear that a large group of white supremacists marched through Boston during holiday celebrations.

Councilmember Bertani agreed with the Vice Mayor’s comments about racism and the recent mass shootings. Lastly, she said she was proud of the diversity of our city, which was on full display for Fairfield’s 4th of July Parade.

Councilmember Moy gave her condolences to the family of the teen drowning victim in Lake Berryessa.

She said it was heartbreaking. She reported her town hall meeting on the dangers of fentanyl was well attended and a lot of great information was provided. She thanked members of the Police and Fire Departments and everyone else who participated.

Councilmember Panduro gave kudos to staff for coordinating the parade and family activities. She enjoyed seeing the community come together and shared that one of the firefighters told her that the parades are the best part of his job. She thanked Director of Housing LaTanna Jones and his staff for their efforts in securing $4.5M in American Rescue Plan Act funding from Solano County for 67-units of affordable housing at 200 E Tabor Avenue.

Councilmember Timm stated the parade was well run and fun! His three granddaughters had fun riding on the firetruck. He reported that he visited the new Jelly Belly Museum and recommended people to visit to learn the history of how they make candy. In reference to the mass shooting in Highland Park, Illinois, he said he condemns violence and told everyone to cherish your kids and community.Packet Page 11 of 1251Attachment 2 Page 1 of 5

Councilmember Tonnesen thanked staff for coordinating the parade. He said he knows firsthand the chaos that goes on behind the scenes to put on such a great event. He thanked the Fire Department for hosting a pancake breakfast before the parade. Lastly, he stated that bathrooms at Lee Bell Park for young athletes are badly needed. He made a motion to place the topic on a future agenda.

Councilmember Moy seconded the motion.

Mayor Price reported he enjoyed talking to many of the parade participants before the parade. He thanked the Fire Department and the firefighters that assisted him when he suffered a fainting spell upon descending from the firetruck.

CITY MANAGER REPORT

Interim City Manager David Gassaway echoed everyone’s comments about the parade. He said he was proud to represent Fairfield. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim reported that the City Council voted 7-0 to stay in the class action lawsuit as a plaintiff in the matter of City of Long Beach, et. al. v. Monsanto Company, et. al., United States District Court, Central District of California, Case No. CV 16-3493 FMO(ASx).

CITY CLERK REPORT

City Clerk Karen Rees reported that she and her husband, Alan, enjoyed riding on the firetruck during the 4th of July Parade. She said she looked forward to swearing in the new poet laureate, planning commissioners, and youth commissioners later in the evening.

PRESENTATIONS

1. Councilmember Scott Tonnesen presented a proclamation declaring July as Parks & Recreation Month Presented to Director of Parks & Recreation, Kristina Chamberlin.

2. Councilmember Moy presented a proclamation for Paul Farmer's 32 Years of Service. Mr. Farmer was unable to attend.

3. Chief of Police Deanna Cantrell introduced Solano County’s Chief Probation Officer Chris Hansen and Chief Deputy Probation Officer Donna Robinson, who gave an update on Solano County Juvenile Probation programs.

4. Communications Manager Bill Way gave a presentation on the Marketing & Outreach Division (MOD) and Public Engagement.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre

Nora Martinez spoke about homeless and housing.

Bryan Lynch spoke about Tabor Park.

Convened meeting of the Paradise Valley Maintenance and Monitoring District at 7:06 p.m.

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Reconvened meeting of the City Council at 7:29 p.m.

CONSENT CALENDAR

6. Resolution No. 2022-147 of the City Council of the City of Fairfield Approving the City of Fairfield Analysis of Impediments to Fair Housing Choice, and;

Resolution No. 2022-148 of the City Council of the City of Fairfield Approving the Amendments to the City of Fairfield Community Development Block Grant (CDBG) Program Citizen Participation Plan (CPP)

7. Resolution 2022-149 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Estaire Subdivision

8. Resolution 2022-150 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Koros Subdivision as Complete; and

Resolution 2022-151 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Koros Subdivision as Complete

9. Resolution 2022 -152 of the City Council of the City of Fairfield Approving Amendment No. 1 to the Consultant Services Agreement Between the City of Fairfield and Koff & Associates

10. Continued Resolution 2022-132 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Four (4) Year Lease Agreement with PNC Equipment, LLC Finance for Replacement of Golf Carts at Rancho Solano and Paradise Valley Golf Courses

Councilmember Moy made a motion to approve the Consent Calendar as presented. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously.

NEW BUSINESS

11. Minute Action Approving Mayor’s Appointments to the Poet Laureate, Youth Commission, and Planning Commission

Councilmember Moy made a motion to approve the mayor’s appointments. Councilmember Bertani seconded the motion. By a roll call vote, the motion carried unanimously.

City Clerk Rees administered the Oath of Office to the new Poet Laureate Suzanne Bruce; Youth Commissioners Gurmehar Atwal, Wayne Lathrop, and Lucas Hulett; and Planning Commissioners Don Greve and Shashi Paul.

Mayor Price called a 10-minute recess. The Council meeting resumed at 7:42 p.m.

12. Director of Human Resources Farbod Pirouzmand recommended to Council that it approve Resolution 2022-153 of the City Council of the City of Fairfield Adopting a Successor Memorandum of Understanding between the City and the Fairfield Fire Managers' Association

Councilmember Timm made a motion to approve Resolution 2022-153. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

13. The Director of Human Resources Pirouzmand recommended to Council that it approve Resolution 2022-154 of the City Council of the City of Fairfield Adopting a Successor Memorandum of Understanding between the City and the Fairfield Professional Firefighters' Association.

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Vice Mayor Vaccaro made a motion to approve Resolution 2022-154. Councilmember Moy seconded the motion. By a roll call vote, the motion carried unanimously.

14. The Director of Human Resources Pirouzmand recommended to Council that it approve Resolution 2022-155 of the City Council of the City of Fairfield Adopting a Successor Memorandum of Understanding Between the City and the Fairfield PartTime Employees’ Association.

Councilmember Moy made a motion to approve Resolution 2022-155. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

15. Public Works Management Analyst Chris Lewis gave a presentation on Landscape and Lighting Maintenance District No. 12 and Fiscal Year 2022-2023 Projected Budget.

Council was presented two options to vote on: 1) to offer a loan at 0% interest for a five-year term, seeking property owner support, adjusting services based on community feedback, conduct community engagement and Prop 218; and 2) do not offer a loan, reduce services, and conduct community engagement and Prop 218.

Councilmember Moy made a motion to approve Option 1 to offer the loan. Councilmember Timm seconded the motion. By a roll call vote, the motion carried unanimously.

16. Public Works Management Analyst Chris Lewis recommended to Council that it approve Resolutions 2022-156 to 2022-171 of the City Council of the City of Fairfield Granting Preliminary Approval of Fiscal Year 2022-2023 Engineer’s Reports, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Hearing 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 – Chadbourne-Beck-Cordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons.

David Thacker spoke on Item 16, specifically Resolution 2022-160.

Councilmember Timm made a motion to approve Resolutions 2022-156 to 2022-171 consecutively, excluding Resolution 2022-160. Councilmember Moy seconded the motion. By a roll call vote, the motion carried unanimously.

After a discussion, Councilmember Timm made a motion to approve Resolution 2022-160. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

PUBLIC HEARINGS

17. Housing Services Senior Management Analyst La Tanya Terrones recommended to Council that it open the public hearing and approve Resolution 2022-172 of the City Council of the City of Fairfield Authorizing the City Manager to Submit the CDBG Five-Year Consolidated Plan for Fiscal Year 2022-27 to the U.S. Department of Housing and Urban Development and Allowing the City Manager Authorization to Execute the Funding Agreements with the CDBG Subrecipients for Fiscal Year 2022-23 .

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

Vice Mayor Vaccaro voiced his objection to The Leaven receiving $14,000 of CDGB funds. He stated it was not that they were unworthy, but he felt that they have large corp orate donors and many other Packet Page 14 of 1251Attachment 2 Page 4 of 5

donations and do not need the funding like other applicants do.

Councilmember Moy made a motion to approve Resolution 2022-172. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried 5-2 with Vice Mayor Vaccaro and Councilmember Bertani voting no.

ADJOURNED MEETING AT 8:16 P.M. TO TUESDAY, JULY 19, 2022, 6:00 P.M., COUNCIL CHAMBER.

___________________________
City Clerk

_____________________________
Mayor
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CITY OF FAIRFIELD CITY COUNCIL

REGULAR CONCURRENT
MEETING TUESDAY, JULY 5,
2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET,
FAIRFIELD, CA 94533

PARADISE VALLEY

MAINTENANCE & MONITORING

DISTRICT

MINUTES

CALL TO ORDER

Chairman Harry T. Price called the meeting to order at 7:06 p.m.

ROLL CALL

On roll call were Members Pam Bertani (online), Cat Moy, Doriss Panduro, Chuck Timm, and Scott Tonnesen, Vice Chair Rick Vaccaro, and Chair Price.

NEW BUSINESS PVMMD

1. Assistant Director of Public Works Ryan Panganiban recommended to Council that it approve Resolution PVMMD2022-01 of the Paradise Valley Maintenance and Monitoring District Board Approving an Updated Plan of Control, Engineer’s Report, and Reserve Fund Study; and

Resolution PVMMD2022-02 of the Paradise Valley Maintenance and Monitoring District Board Granting Preliminary Approval of Fiscal Year 2022-2023 Budget, Declaring Intention to Order Levy and Collection of Assessments for Fiscal Year 2022-2023, and Providing for Notice of a Hearing Thereon for the Paradise Valley Maintenance and Monitoring District

Rick Johnson spoke on Item 5.

Councilmember Timm made a motion to approve Resolution PVMMD 2022-01 and PVMMD 2022-02. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.

The meeting was adjourned at 7:29 p.m.
______________________
Clerk

________________________
Chairman

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CITY OF FAIRFIELD FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, JULY 19, 2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD, CA
94533

MINUTES

CALL TO ORDER

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

ROLL CALL

Councilmembers Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, Scott Tonnesen, and Mayor Price were present. Vice Mayor Rick Vaccaro was absent.

INVOCATION

Worship Pastor Karen Stetins of St. Mark's Lutheran Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Bertani led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Bertani remarked that it was nice to see a packed chamber. She thanked Pastor Stetins for her assistance with the Juneteenth event. She reported that there would be a movie night on the county lawn in September and that more details would follow.

Councilmember Moy reported that she visited Park Ranger Teri Luchini in Rockville Hills Regional Park to survey the trees due to drought conditions. She stated that many trees are dying and that they have a disease. She asked that hikers stay on the trails and not wander off due to the dry conditions. Next, she spoke about the grand jury report on homelessness and recommended that a forensic audit is done.

She asked for the matter to be placed on a future agenda, and Councilmember Moy concurred.

Councilmember Timm remarked that the report indicated that Solano County would pay for a forensic audit, not the City of Fairfield. Interim City Manager David Gassaway stated that was correct. He also asked for the air conditioner to be turned up!

Councilmember Tonnesen reported that he and Councilmember Panduro were leaving City Hall at lunchtime and saw smoke. There was a fire on Garfield Street, so they observed the Fire Department extinguishing the fire. He thanked Fire Chief Matt Luckenbach, Deputy Chief Robb Herrick, and staff for their efficient work. Next, he reported that lots of changes are happening downtown and that the City is trying to bring more businesses to the area. One change is that the stoplights have been removed and replaced with stop signs. He also reported that the tennis and pickleball courts resurfacing project is moving along nicely.

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Councilmember Panduro reported she attended the summer concert in Dover Park on July 15 and that it was great to see so many families enjoying the park and music. She thanked Jeff Trager for his efforts in recruiting live bands to perform in Fairfield during the Summer Concert Series. Next, she reported that herself and Councilmembers Timm and Tonnesen met with the CEO and CFO of Food 4 Less, who will be moving into the space vacated by FoodMaxx on North Texas Street. She stated that Food 4 Less plans to do $8 million in tenant improvements and will hire many new employees in 2023.

Mayor Price reported that American Legion baseball is back in Fairfield at Laurel Creek Park representing N. California baseball. Lastly, he reported that he and other councilmembers would attend the Change of Command Ceremony at Travis Air Force Base next week. He thanked Colonel Corey Simmons for his past two-year command.

CITY MANAGER REPORT

Interim City Manager David Gassaway reported that the City of Fairfield is updating the Enterprise Resource Program (ERP) for financial systems and backing. Staff has been working on the ERP for two years and it was finally released July 1. He stated that it brings the City into the 21st century by streamlining workflow and processes. He thanked the Finance and IT staff, who have worked tirelessly on this project, especially in the last few months and over July 4 weekend. Next, he introduced new Finance Director John Furtado and welcomed him to the City of Fairfield. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Assistant Attorney Lori Liu stated she had nothing to report from closed session.

CITY CLERK REPORT

City Clerk Karen Rees stated the filing process for those running for Mayor or City Council opened July

18. She stated there were three Council seats open (Districts 1, 3 & 5) and the Mayoral seat. The filing period will close on August 12, 2022, (unless an incumbent does not run – then candidates are given five extra days – August 17, 2022).

PRESENTATIONS

1. Director of Parks & Recreation Kristina Chamberlin and Program Coordinator for Special Events Andrea Azurdia presented the 4th of July Parade Awards.

2. Esther Beavers of the City Manager’s Office presented the Fairfield 101 Civic Academy Graduation certificates to employee participants.

3. MCE Program Implementation follow-up presented by Community Development Manager Sebastian Conn of MCE. Public Works Management Analyst Corey Beavers also spoke.

Councilmember Bertani had questions regarding billing and opting out of MCE that she said were raised by her constituents. Mr. Conn and Mr. Beavers stated they would investigate the issue and respond as soon as possible.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre and thanked Councilmember Panduro for attending the Zebop concert in Dover Park.

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John Eckstrom spoke about Shelter Solano and provided a “Report Card” to Council.

George Kennedy spoke about pickleball courts at Allan Witt Park.

June Johnsen thanked Public Works’ staff for providing trash cans in Rolling Hills Park.

Convened meeting of the Paradise Valley Maintenance and Monitoring District at 7:14 p.m.

Reconvened meeting of the City Council at 7:23 p.m.

CONSENT CALENDAR

6. Minute Action Approving the Response to the 2021-2022 Grand Jury Report Entitled “Solano County is Not Prepared for Future Emergencies”

7. Minute Action Approving Response to the 2021-2022 Grand Jury Report Entitled “An Operational Review of Solano County Library Services (SCLS)”

8. Minute Action Approving Response to the 2021-2022 Grand Jury Report Entitled “Effective Emergency Response Needs City and County Support”

9. Minute Action Approving the Reappointment to the Two-by-Two Homeless Subcommittee and the Formation of a Travis Unified School District Subcommittee

10. Approval of Meeting Minutes from March to June 2022

11. Resolution 2022-174 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

12. Resolution 2022-175 of the City Council of the City of Fairfield Approving the Communications Facility Ground Lease Agreement Between the City of Fairfield and DISH Wireless LLC for a New Cellular Site Located at 4921 Vanden Road, More Commonly Known as APN 0166-102- 100

13. Resolution 2022-176 of the City Council of the City of Fairfield Approving the Replacement Purchase of Computer Server Hardware from Dell Marketing LP

14. Resolution 2022-177 of the City Council of the City of Fairfield Setting a Hearing for August 16, 2022, Re: Appeal of Revocation of Business License #21001161 for Auto Service and Towing Pursuant to Chapter 10 of the Fairfield Municipal Code

Rick Johnson asked to speak on Item 15. Item 15 was pulled from consent calendar. Councilmembers and City Staff spoke on Item 15.

15. Resolutions 2022-178 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Consultant Services Agreement with NBS Government Finance Group for Assessment Engineering Services for Six Landscaping and Lighting Maintenance Districts; and

Resolution 2022-179 of the City Council of the City of Fairfield Authorizing the City Manager to Execute the First Amendment to the Consultant Services Agreement with NBS Government Finance Group for Special District Community Engagement Services

Rick Johnson spoke on Item 15.

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Councilmember Timm made a motion to approve Resolutions 2022-178 and 2022-179. Councilmember Moy seconded the motion. The motion carried 5-1, with Councilmember Bertani voting no.

Resume consideration of consent calendar.

16. Resolution 2022-180 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Three Replacement Vehicles for Fixed-Route Transit Operations

17. Resolution 2022-181 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

Councilmember Moy made a motion to approve the Consent Calendar as presented, excluding Item 15.

Councilmember Bertani seconded the motion. The motion carried unanimously.

PUBLIC HEARINGS

18. Public Works Management Analyst Chris Lewis recommended to Council that it open the public hearing; and approve Resolutions 2022-182 to 2022-197 of the City Council of the City of Fairfield Approving the Fiscal Year 2022-2023 Engineer’s Reports, Confirming the Fiscal Year 2022-2023 Diagrams and Assessments, and Ordering the Fiscal Year 2022-2023 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 – Chadbourne-Beck-Cordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons.

Mayor Price opened the public hearing.

Barbara Pascone, June Johnsen, Les Johnsen, David Renaud, David Thacker, Roxanne Bradley, Rick Johnson, and Shekhar Misra spoke specifically on Resolution 2022-186 regarding LLMD No. 7, Rolling Hills.

After a lengthy discussion, Mayor Price closed the public hearing.

City Attorney David Lim called into the meeting and advised Council, due to a threat of potential litigation from a speaker, that it would be prudent to meet in closed session with legal advisers before moving forward, and he advised that expert Attorney Robin Harris, who specializes in assessments and special districts, be included in the closed session.

After further discussion, Councilmember Timm made a motion to continue the entire public hearing of Item 18 at a later date. Councilmember Bertani seconded the motion. The motion carried unanimously.

ADJOURNED MEETING AT 8:28 P.M. TO TUESDAY, AUGUST 16, 2022, 6:00 P.M., COUNCIL CHAMBER.

______________________
City Clerk

_____________________
Mayor
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Date July 18, 2022
To: RHNN Board Members, David Thacker, Rick Johnson
From: Barbara Pascone
Re: ADDENDUM #1, TO BINDER REPORT DATED JUNE 10, 2022 --------------------------------------------------------------------------------------------------------- Research and public records request were on-going when the original report was written.

Exhibit N:

This is the City Council Agenda Report dated June 4, 2019, hereby the following is stated, “The process of approving the annual assessment amounts is subject to the provisions of Proposition 218. The district has adopted assessment ranges and assessments may be adjusted as required within the specific range without requiring a Proposition 218 vote of the property owners”.

This explains why 90 percent of Resolutions adopted by council states, that the annual assessment amount does not exceed the ranges for Rolling Hills ($250-$300) or Serpas Ranch ($150-$250). In years of a deficit, the maximum range was assessed on the Engineer’s Report and the adopted Resolution stated something like, the assessment amount does not exceed the maximum range(s).

The problem for the city is, that Senate Bill 919 (chapter 38), amended sections of Proposition 218, effective July1, 1997. The amendment (in part) added Government Code 53739, which basically stated, an Ordinance or Resolution pursuant to Government Code 53739 or article 13C & 13D of the California Constitution may state a range of rates or amounts presented for voter approval at an election held for that purpose. Only if the vote is approved, may the government agency impose a tax, assessment, or property related fee or charge at any rate or amount that is less than or equal to the maximum amount authorized by the voter-approved Ordinance or Resolution. (THIS IS THE SMOKING GUN).

In my public records request on July 7, 2022, I asked the city to provide “all documentation concerning Residential Landscape Districts Resolution Voting”, and their response was, there are no responsive documents. Therefore, the exception to Government Code Section 54954.6, does not apply here.

In addition, Senate Bill 919, also added, Article 4.6, Government Codes 53750-53756, the Proposition 218 Omnibus Implementation Act. This basically explained to local governments what was required of them to implement Proposition 218.

(I explained and gave these Government Codes to Councilmen Timm last night).

In my testimony last night I stated, “For the past 25 years, the city has never assessed our district nor conducted an annual Engineer Reports that complies with Proposition 218, Articles 13C & 13D of the California Constitution, and the city also violated Government Code Section 53739 and Sections 53750-53756. Therefore, you cannot approve our districts Packet Page 133 of 1251Attachment 4 Page 117 of 139

Engineer Report this evening until you “levy” the assessments under Prop 218, by adopting a Resolution initiating Proposition 218 procedures, etc.”. ------------------------------------------------------------------------------------------------------ The City Attorney May Be Correct in saying, that nothing in the binder indicates city liability.

This is basically true, because the original report does not mention that the assessments were not levied pursuant to Proposition 218, or Articles 13C/13D of the California Constitution, or that the city never adopted Proposition 218, by Resolution. As such, I told some of you yesterday; I’m thinking, how can the city be in violation of Proposition 218, Articles 13C/13D, when they never adopted an Ordinance/Resolution initiating Proposition 218 or their procedures?
Therefore, I believe the city’s liability is, that they violated the California Constitution’s mandatory requirements by failing to adopt Proposition 218, Articles 13C & 13D of the California Constitution that became mandatory in 1996, and effective on July 1, 1997, nor did they adopt the mandatory Proposition 218 amendments under Government Code Sections 53739 and 53750-53756, that became mandatory and effective on July 1, 1997.

The City Engineer Reports: As stated above, all annual Assessment Engineer Reports, adopted by the city, were not levied under Proposition 218 because the city never adopted Proposition 218, et.al., and therefore, general benefits were never separated from special benefits, etc.

As we learned last night, it’s city procedure to have an Engineer only sign off on the Engineer Report and not actually prepare it. This is because the city never adopted Proposition 218, 13D.

However, 13D, Section 4, requires that the assessment must be supported by a detailed Engineer’s Report, prepared by a professional Engineer, certified by the State of California. --------------------------------------------------------------------------------------------------------- What is Our Defense? The bottom line is, “The City Broke the Law!! From 1997, until 2021/2022, we never received any information from the city concerning Proposition 218. I didn’t even know what Proposition 218 was until after CivicMic mentioned it and I researched it. I believe David T. was the first person to address Proposition 218, with Public Works, maybe around 2019. How could any district object to something they were never told about? --------------------------------------------------------------------------------------------------------- Further Research of the July 1, 1997, Assessment Increase: I was kind of sketchy about the fiscal year 1997-1998, assessment increase for Rolling Hills/Serpas Ranch. However, I now have confirmation through adopted Resolutions. (please (keep in mind that Fairfield’s fiscal year (FY), begins July 1 and ends June 30).

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In Resolution 97-113, for FY 1996-1997, Rolling Hills assessment was $196.23, and Serpas Ranch was $151.26.

In Resolution 97-113, and Resolution 98-95, for FY 1997-1998, Rolling Hills assessment was $236.91, and Serpas Ranch was $93.97. Since Rolling Hills assessment increased as of July 1, 1997, this would trigger the requirements of Proposition 218, 13C/13D.

In Resolution 98-95, for FY 1998-1999, Rolling Hills assessment was $282.36, and Serpas Ranch was $179.97, this would also trigger the requirements of Proposition 218, 13C/13D, and for any year thereafter that the assessment amount increased.

There are also three other lots in the Rolling Hills District and any increase in their assessment would qualify for an increase to our district under Proposition 218, 13D.

Our District’s Open Space Acquisition and Maintenance: Each homeowner has been and is currently assessed a separate $80/per year for Open Space Acquisition and Maintenance:

However, in (Silicon Valley Taxpayer’s Association vs Santa Clara Open Space Authority, 2008 WL 2717789, Cal. July 14, 2008), the court pointed out that Authority had never identified any “special benefits” to the assessed parcels based on their direct relationship to the locality of the improvements, proportional benefits, etc., as required by Proposition 218.

ANOTHER CLASS -ACTION NAMING THE CITY OF FAIRFIELD AS A DEFENDANT:

An article online called, “A Wave of Public Agencies Statewide Are Swept Up In A New Water-Rate Lawsuit” (by Atkinson, Adelson, Loya, Ruud & Romo Law Firm), filed February 17, 2020, against 81 Water Agencies throughout California.

One of the Causes of Action is, Violation of Constitutional Rights (Prop, 218). The Fairfield Plaintiff is, Pamela Davis.

The article stated, if your agency has questions about this particular lawsuit or would like guidance regarding the legal, procedural and substantive requirements of Prop 218, feel free to contact our office. (One attorney listed is Robert E Anslow (Partner), [email protected] (949) 453-4260.

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1 Date: July 27, 2022
To: RHNN Board, David Thacker, Rick Johnson
From: Barbara Pascone
Re: ADDENDUM #4, TO RHNN BINDER REPORT, DATED JUNE 10, 2022 --------------------------------------------------------------------------------------------------------------------

Since my research is concluding, this addendum is basically housekeeping for some outstanding issues. Please keep in mind that the allegations outlined in the original report and subsequent addendums are not conclusions of law or fact. After extensive research of California Law and the city’s lack of responsive public records, all conclusions are reasonable, based upon information and belief. As such, the city has been unable to contradict any of the written or oral information presented to date.
---------------------------------------------------------------------------------------------------------- Establishing Residential Maintenance Districts:

There were three City Council Resolutions, Establishing a Policy for the Development of Maintenance and Financial Standards for Residential Maintenance Districts (Resolutions 91- 213A, 91-213B, and 92-71).

Resolution 91-213B is (Exhibit N), in the binder, because at the time, I found this resolution referenced in several city documents through the late 2,000’s.

However, all three resolutions are basically moot because they were adopted in 1991 and 1992, which is prior to the effective date of Proposition 218’s fiscal impact that began July 1, 1997. To date, research has not uncovered any subsequent City Council Resolutions adopting this or a similar policy.
----------------------------------------------------------------------------------------------------------- Rolling Hills District No. 7, Landscape Contracts:

Further research shows for a total of 15years (from FY’s 2004 to 2018), Rolling Hills District has been assessed the same amounts; Rolling Hills at $293.00 and Serpas Ranch at $190.50. The City Council Resolutions approving the Engineer Reports for those years are as follows:

Resolution 2004-143, the June 5, 2005, Agenda Report for City Council No. 21, Resolution 2006-166, Resolution 2007-131, Resolution 2008-168, Resolution 2009-156, Resolution 2010-193, Resolution 2011-132, Resolution 2012-153, Resolution 2013-172, Resolution 2014-163, Resolution 2015-157, Resolution 2016-160, Resolution 2017-124 and Resolution 2018-137

WAS THIS PROCEDURE INTENDED TO AVOID PROPOSITION 218’s REQUIREMENTS?

TODAY, I SUBMITTED A PUBLIC RECORDS REQUEST FOR ALL ADOPTED

LANDSCAPING CONTRACTS AND ALSO FOR THE NAMES OF THE ENGINEERS WHO PERFORMED THOSE ASSESSMENTS.
-----------------------------------------------------------------------------------------------------------------

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2 The 1996, Effective Date of Proposition 218:

Beginning November 6, 1996, the day after Proposition 218 was ratified, local agencies were mandated to begin preparing for the fiscal impacts of 218, by reviewing all assessments and property related charges. By July 1, 1997, agencies were required to find other funding sources to make up the difference for those funds they would be losing, because as of July 1, 1997, only special benefits could be legally assessed.

As part of this process, if an agency found that any assessment was not exempt, they were required to bring the existing assessments into compliance with Proposition 218, by recalculating them. This was to ensure that an agency was only collecting the proportional share-of-cost to provide the special benefit(s) to each identified parcel. -------------------------------------------------------------------------------------------------------- The Maintenance of Public Streets:

An article was published June 18, 2012, by the Daily Republic called, “Fairfield Council to look at Maintenance Districts”. The article stated (in part), that landscaping along public streets benefits the general public. However, since 1988, the city has charged Rolling Hills Maintenance District No. 7, for the landscape, lighting and maintenance of Hilborn, Lyon and Martin Road, even though they benefit the general public.

Since July 1, 1997, to present, collecting general benefits violated Proposition 218, Article XIIID and other Government Codes as well. How does the city plan to correct this? ------------------------------------------------------------------------------------------------------------ Auto Vehicle Damages to Hilborn Road:

Rolling Hills Maintenance District No. 7 has been paying annual assessments for the maintenance of Hilborn Road since 1988.

A Rolling Hills homeowner reported at the July 19, 2022, City Council meeting, that there have been at least 12 accidents on Hilborn Road where autos hit the median, destroying plants, trees and shrubs. If the city receives reimbursement from insurance companies, does the city credit those funds to Rolling Hills Maintenance District? If not, why not? -------------------------------------------------------------------------------------------------------------- Questions from Cancelled Meeting with the Board & Councilwoman Moy (July 26, 2022):

1. Resident’s top concerns: The condition of our landscaping, the $410,000 loan and the $80,000 fee for NBS/CivicMic. Residents feel the city should bare these costs.

2. The main question is: “Since July 1, 1997, has the city compiled with Prop. 218 and Article XIIID, as required by the California Constitution? If the answer is no, then our assessments for all these years have been invalid. This question not only applies to Rolling Hills LLMD #7, but all of Fairfield’s 16 districts.

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3 3. Potential Civil Lawsuit: The RHNN Board is considering a lawsuit. We’ve had several conference calls with one particular law firm. They have researched Fairfield’s public documents and they told us on Monday, ”The city is mistaken if they believe they have been operating under an exemption to Art. XIIID”. We have another call scheduled with them early next week. If a lawsuit were to be pursued, we think it would involve all of the districts.

4. August 10 deadline: The city has a deadline for submission of all 16 FY 2022-2023 engineering reports. If the deadline is not met there will be no assessments. This could further impact the maintenance of our landscaping. What is to be done?

5. Lack of confidence in NBS/CivicMic: This contract is over $360,000 for all of the districts and is being shouldered by the taxpayers. Only a handful of residents were on the July 21 working group Zoom call. CivicMic wants to engage the residents to determine our “desired level of service”. What we want is our existing landscaping maintained. Public Works and our contractors already have historic records on needed service intervals, etc. There is a disconnect with CivicMic.

6. Looking ahead; FY 2023-24 engineering reports: City analyst Chris Lewis has mentioned milestones; Dec-2022-engineering report complete. Mar 2023-report finalized. Apr 2023-ballots mailed. This is not a lot of time. CivicMic’s Sara Mares has Prop 218 experience.

They said, “Sara and her team are working diligently to analyze the data and provide accurate and legally defensible support for the benefit they assign”. Is Sara and her team working with the city on this now? By now, it seems we should have some idea of what this new engineering report will look like. What will happen to the maintenance of Hilborn, Lyon and Martin when Art. XIII is applied? CivicMic is not communicating with the residents regarding the FY 2023-24 report.

7) Thursday evening, Aug 18, 7pm: Rolling Hills public town hall meeting at the Realty Building. This meeting was scheduled at the request of Councilwoman Pam Bertani. Cat Moy had committed to attending.
------------------------------------------------------------------------------------------------------------ Lastly, I will request the written transcript for the City Council Meeting on July 19, 2022.

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CITY OF FAIRFIELD

FAIRFIELD CITY

COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, JULY 19, 2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533

PARADISE VALLEY MAINTENANCE

AND MONITORING DISTRICT

MINUTES

CALL TO ORDER

Chair Harry T. Price called the meeting to order at 7:14 p.m.

ROLL CALL

On roll call were Members Pam Bertani, Cat Moy, Doriss Panduro, Chuck Timm, and Scott Tonnesen, and Chairman Price. Vice Chair Rick Vaccaro was absent.

Convened meeting of the Paradise Valley Maintenance and Monitoring District at 7:14 p.m.

PVMMD CONSENT CALENDAR

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

1. Resolution PVMMD 2022-03 of the Paradise Valley Maintenance and Monitoring District Board Authorizing the Acceptance of a Grant Deed of Easement from Northern California Retired Officers Community

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

Councilmember Moy seconded the motion. The motion carried unanimously.

PVMMD PUBLIC HEARINGS

2. Assistant Director of Public Works/Engineering recommended to Council to open the public hearing; and approve Resolution PVMMD 2022-04 of the Paradise Valley Maintenance and Monitoring District Board Approving the Fiscal Year 2022-2023 Budget and Ordering the Levy of Assessments for the Paradise Valley Maintenance and Monitoring District

Chairman Price opened the public hearing.

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Dr. Mark Carmody and Roxanne Bradley spoke on Item 5.

Chairman Price closed the public hearing.

Councilmember Panduro made a motion to approve Resolution PVMMD 2022-04. Councilmember Bertani seconded the motion. The motion carried unanimously.

The meeting was adjourned at 7:23 p.m.

_______________________
Clerk

______________________
Chairman
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CITY OF FAIRFIELD SPECIAL MEETING

FAIRFIELD CITY COUNCIL
FRIDAY, JULY 29, 2022; 11:00 AM VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Harry Price called the meeting to order at 11:15 AM.

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

PUBLIC COMMENTS

June Johnson and David Renut spoke on Item 1.

Councilmember Moy spoke

CONSENT CALENDAR NOTICE

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

1. Continued Resolutions 2022-182 to 2022-197 of the City Council of the City of Fairfield Granting Preliminary Approval of Fiscal Year 20222023 Engineer’s Reports, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Hearing 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 – Chadbourne-Beck-Cordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons

Councilmember Moy is aware that there are ongoing issues with LLMD where past City staff have dropped the ball on managing LLMD s. She also had concerns about Proposition 218 which was not grandfathered into the process.

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

Councilmember Bertani seconded the motion. The motion carried unanimously.

The meeting adjourned at 11:25 am.

_____________________
City Clerk

_____________________
Mayor
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City Council Special Meeting July 29, 2022

Page 1 ends

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

SPECIAL MEETING
TUESDAY, JULY 29, 2022; 11:15 AM

VIA ZOOM

CLOSED SESSION AGENDA

MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 11:33 a.m.

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

No members of the public wished to speak. The City Co uncil went into a closed session with City Attorney David Lim, Interim City Manager David Gassaway, Public Works Director Paul Kaushal, and City employees Christiana Lewis and Ryan Panganiban.

NEW BUSINESS - CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: One potential case.

A statement was made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body pursuant to paragraphs (2) to (5), inclusive, of subdivision (e) of Section 54956.9, to wit: Statements by Mr. David Thacker and Ms. June Johnsen during public comment regarding Item #18 at the July 19, 2022 City Council meeting, where both parties threatened or inferred litigation against the City if the City Council did not address issues raised regarding Item #18.

The City came out of a closed session. The City Attorney made no announcements out of closed session.

The meeting was adjourned at 12:42 p.m.

______________________________
City Attorney

________________________________
Mayor
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Agenda Item No: 5.

AGENDA REPORT
DATE:August 16, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022198 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

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

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

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

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

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

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

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or
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Agenda Item No: 5.AGENDA REPORTDATE:August 16, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022198 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in personwould present imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 daysfollowing the adoption of the law and make specific findings that either of the following cases exists:

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

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

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

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

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 7/14/2022 1:55 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-198

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

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

REGARDING THE SAME

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

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

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

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

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

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

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

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

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

2. Either of the following circumstances exists:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
Packet Page 162 of 1251Attachment 1 Page 1 of 3

RES. NO. 2022-198

Page 2 ends

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

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

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

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

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

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

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

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

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

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

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

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

Packet Page 163 of 1251Attachment 1 Page 2 of 3

RES. NO. 2022-198

Page 3 ends

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

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

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

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

PASSED AND ADOPTED this 16th day of August, 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 164 of 1251Attachment 1 Page 3 of 3

Agenda Item No: 6.

AGENDA REPORT
DATE:August 16, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022199 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License Between the City of Fairfield, the County of Solano, and Pacific Livestock, Inc. for the Approximately 288Acre Property Commonly Known as the Wilcox Triangle Property Located in Solano County, California RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield and the County of Solano (County) are joint property owners of the 1,858acre land known as Wilcox Ranch which includes Wilcox Ranch Triangle, 288 acres, and Wilcox West, 1,570 acres, which is adjacent to the western runway of Travis Air Force Base (Property) and is requesting approval to enter a grazing license with Pacific Livestock, Inc (Pacific Livestock).

The General Plan designates the Property as Travis Reserve, which strictly limits development and is reserved for future Base expansion. However, cattle grazing is recognized as a management tool for the protection, maintenance, and enhancement of habitat values on the Property.

DISCUSSION
The City and the County signed a lease agreement with Pacific Livestock in 2003 (Original Lease) for the purpose of granting Pacific Livestock the right to graze on the Property. The Nature Conservancy has a deed restriction on the property which only allows the property to be used for grazing. Pacific Livestock has continued to graze on the Property uninterrupted since 2003. The City and the County agreed that the Original Lease rent and terms should be updated using a Grazing License Agreement.

The City drafted a new agreement (Grazing License) for a term of three seasons with an annual rental rate of $6,189.97 with an annual increase of 3%.

The County reviewed, approved, and executed the Grazing License. Pacific Livestock has agreed to the terms of the Grazing License. The Original Lease will automatically terminate upon the effective date of the Grazing License.

FINANCIAL IMPACT
Packet Page 165 of 1251

Agenda Item No: 6.AGENDA REPORTDATE:August 16, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022199 of the City Council of the City of Fairfield Approving andAuthorizing the Execution of the Grazing License Between the City of Fairfield, theCounty of Solano, and Pacific Livestock, Inc. for the Approximately 288Acre PropertyCommonly Known as the Wilcox Triangle Property Located in Solano County, CaliforniaRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield and the County of Solano (County) are joint property owners of the 1,858acre landknown as Wilcox Ranch which includes Wilcox Ranch Triangle, 288 acres, and Wilcox West, 1,570acres, which is adjacent to the western runway of Travis Air Force Base (Property) and is requestingapproval to enter a grazing license with Pacific Livestock, Inc (Pacific Livestock).The General Plan designates the Property as Travis Reserve, which strictly limits development and isreserved for future Base expansion. However, cattle grazing is recognized as a management tool forthe protection, maintenance, and enhancement of habitat values on the Property.DISCUSSIONThe City and the County signed a lease agreement with Pacific Livestock in 2003 (Original Lease) forthe purpose of granting Pacific Livestock the right to graze on the Property. The Nature Conservancyhas a deed restriction on the property which only allows the property to be used for grazing. PacificLivestock has continued to graze on the Property uninterrupted since 2003. The City and the Countyagreed that the Original Lease rent and terms should be updated using a Grazing License Agreement.The City drafted a new agreement (Grazing License) for a term of three seasons with an annual rentalrate of $6,189.97 with an annual increase of 3%.The County reviewed, approved, and executed the Grazing License. Pacific Livestock has agreed tothe terms of the Grazing License. The Original Lease will automatically terminate upon the effectivedate of the Grazing License.

FINANCIAL IMPACT
The City will collect rent in the amount of $6,189.97 annually to be deposited into the City’s Wilcox Ranch Grazing Agreement Trust Deposits fund (Fund 561, Division and Responsibility Code 3841) which is held by the City. The rent collected cannot be used for any other purpose than to maintain and make needed repairs on the Property.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose to modify the proposed Grazing License.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Grazing License
REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 8/2/2022 11:01 AM
Beavers, Esther Approved 8/2/2022 11:03 AM
Beavers, Esther Approved 8/2/2022 11:04 AM
Packet Page 166 of 1251

CITY OF FAIRFIELD

RESOLUTION NO. 2022-199

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

AUTHORIZING THE EXECUTION OF THE GRAZING LICENSE BETWEEN THE CITY OF FAIRFIELD, THE COUNTY OF SOLANO, AND PACIFIC LIVESTOCK, INC. FOR THE APPROXIMATELY 288-ACRE

PROPERTY COMMONLY KNOWN AS THE WILCOX TRIANGLE PROPERTY LOCATED IN SOLANO

COUNTY, CALIFORNIA

WHEREAS, the City of Fairfield and the County of Solano (County) are joint property owners of the 1,858-acre lands known as Wilcox Ranch, which includes Wilcox Ranch Triangle, 288 acres, and Wilcox West, 1,570 acres (Property), adjacent to the western runway of Travis Air Force Base (Base); and

WHEREAS, the General Plan designates the Property as Travis Reserve, which strictly limits the development of the Property and is reserved for future Base expansion; and

WHEREAS, cattle grazing is recognized as a management tool for the protection, maintenance, and enhancement of habitat values on the Property; and

WHEREAS, Pacific Livestock, Inc. signed a lease agreement in 2003 (Original Lease) to graze an approximately 288-acre portion of the Property known as the Wilcox Triangle Property for a period of three years with an automatic renewal for consecutive one-year terms until such time that either party terminated the Original Lease; and

WHEREAS, the City, the County, and Pacific Livestock, Inc. entered into new three-year grazing licenses for the purpose of updating the language and including annual rent increases since 2003; and

WHEREAS, Pacific Livestock, Inc., the City, and the County want to enter into a new agreement (Grazing License) effective June 16, 2021, through June 15, 2024; and

WHEREAS, the County and Pacific Livestock, Inc. have reviewed, approved, and executed the Grazing License.

Packet Page 167 of 1251Attachment 1 Page 1 of 2

RES. NO. 2022-199

Page 2 ends

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

Section 1. The City Council hereby approves the Grazing License by and between the City of Fairfield, the County of Solano, and Pacific Livestock, Inc. for the Property, as attached hereto, with minor or clarifying revisions as may be approved by the city attorney.

Section 2. The city manager or designee is hereby authorized to do all things necessary and proper to implement the above-mentioned transaction including executing any documents needed to manage and maintain the Property.

PASSED AND ADOPTED this 16th day of August 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 168 of 1251Attachment 1 Page 2 of 2

Grazing License- Wlcox RanchJune 2022Page 1 of 13GRAZING LICENSE(Delta Project - Wilcox Ranch (Western Portion))This GRAZING LICENSE (the"License"), dated as of2A22,isbyand between THE CITY OF FAIRFIELD AND THE COUNTYOF SOLANO,("Licensors"), and PACIFIC LIVESTOCK, lNC., a California corporation ("Licensee")RECITALSA. Licensors are the joint owners of that certain real propertycomprised of approximat"ty t*o hundred eighty-eight {28s) acres that are located inSofino County, balifornia, and is more particuiarly described on Exhibit A (the"Triangle Propertlr" or " Property").B. The Triangle Property was purchased by Licensof and is managedby Licensors, for tne purpose.-ot "tto*ingi trture expansion of Travis Air Force Base' lnihe interim period, tne fiiangte Property a to ne utilized for the grazing of livestock asidentified and regulaied with.in ttre deeci restrictions recorded against the property andcontained herein on Exhiffi'c. cattle grazing on the Triangle Property is recognized as a.beneficial management tooifor thl protection, tiaintenance, and enhancement of thehabitat values of the Triangle Property.D. Licensor desires to grant a license of the Triangle Property (notincluding any structures located thereonlto Licensee, and Licensee desires to obtain alicense of the friangle Froperty (not including any structures located thereon) for the,ol" prrpose of graling cattlu pursuant to the terms and conditions of this License'NOW THEREFORE, in consideration of the mutual covenants set forth herein'Licensors hereby rgtu" to license the Triangle Property to Licensee solely for theprrpotJ of grazing iattle on the Property an? subjdct til tne terms and conditions setforth below.1 , License: Description of Property' Licensors,. for and in consideration ofthefees'covenant@rreseryedandcontainedonthepartand behalf of Ucensee to f,u paid, kept, and performed, does hereby grant a licenseunto said Licensee anO t-iceniee hereby licenses from Licensors, approximately twohundred eighty-eighiiiael acres of pasiure land situated, lying and being.in the Countyof soluno, btat" o] california, more commonly known,as the wilcox Ranch TriangleProperty, as shown on Exhibit A attached hereto and incorporated. by referencein"i*initt"r, the,,property"). Licensee shall do allthings reasonable to adhere to thedeed restrictions contained in Exhibit B'1Packet Page 169 of 1251Attachment 2 Page 1 of 26

Z. Term. The initial term of this License is for a period of three "GrazingSeasong," Coffiencing on June 16,2021 and expiring on June 15,2024, unless soonerterminated as hereinafier provided. The "Grazing Season" shall generally ryn fromOctober 15 through June i 5 of each year. There shall be no grazing permitted on theproperty from Juie 16 to October 14 of each year. Licensors and Licensee each shalltrav'e ttri right to terminate this License for either party's sole convenience at any timeduring the ierm by giving twelve (12) months wriiten notice to the other ("TerminationNotic6"), and thereaTter ti" License shall terminate upon the last day of the G-razingSeason following the expiration of the 12-month period after the Termination Notice (the,,License Termination Date"). Any holding over by Licensee following the LicenseTermination Date shall not constitute a rJnewal of this License or give Licensee rightsunder this License in or to the Property.The License may also be terminated as provided in subsection {C) of Section 5.3. License Fee. Licensee agrees to pay Licensors an annualfee eachGrazing Season oi[o- thereof, that falts within the Term (the "Annual.LicenseF"*"). -The initialAnnual License Fee is Twenty-One Dollars and 49/100 {$21'49) peracre for a total of Six Thousand One Hundred Eighty-Nine Dollars and 97/100($6,189.97)^ The Annual License Fee will automitiially increase by three percent (3%)each year 6n Uay 1st for the entire Term of the License, including any extensions.The Annual License Fee shall be payable in equalquarterly payments-(the."QuarterlyFee Payments") that shall be payaOle in advance, on or before each October 1'.tanuary 1, April 1, and July 1 during the Term of the License. Each Quarterly Feepayment anci any otlr"r p"ym*nt drJe to Licensors under this License, shall be payable,without deduction oi otfset, and shall be submitted to Licensors at City of Fairfield'1000 Webster Street, ina Floor, Fairfield, California 94533, Attention: JenniferRice, Real Estate SPecialist'License Fee beginning each MaY 1,Grazing License- \lfilcox RanchJune 2022Page 2 of 13202120222A23Per Acre$21.49822,14$22.80Annual Fee$6,189,97$6,375.67$6,566.94lf any payment due under this License, including, without limitation, any portion of anyAnnual License Fee or any Quarterly Fee Payment, has not been received by Licensorson or before the date which shall be ten (10)'days immediately following the date suchpayment is due, Licensors may assess inteiest on such overdue amount, at the rate ofi"n p"r."nt (10o7o) per annum iorthe maximum rate perrniited by applicable law, if less)for t'he period .or*"nring on ihu date such overdue amount was due and terminatingon the date such overdue-amount is paid in full by Licensee. To the extent that anypayment rnade under this License exceeds the maximum amount of interest chargeable2Packet Page 170 of 1251Attachment 2 Page 2 of 26

Grazing License- \tVilcox RanchJune 2022Page 3 of 13under applicable law, the amount of such excess payment shall be deemed to be' andshall be'ipplied to, rent or other amounts due or to become due under this License'4, Use of Licensed Pr:operty. The Property shall be used by Licensee solelyfortherottowi@gofcattleduringtheTerminstrictaccordancewith the terms and conditions'of this Uicense, (b) the construction, operation, repair,maintenance and replacement of minor non-residential and non-habitablei*ptoo*r*nts which are specifically related to the permitted grazing activities that areconducted on the Property, such as fences' corrals, troughs and windmills,i") t"*porary resideniiat uses that are associated with or incidental to the permittediiazinSjactivities conducted on the Property and that do not involve the construction ofIny im-provements on the Property; prwided, that Licensors shall have approved inadvance the following ,"rpeciing iuch temporary structures: (i) the location on theFiop"rty of such temlorary struitures, (ii) the individuals inhabiting such temporarystructures, and (iii) tf* tim6 periods for in'habiting such temporary structures, and (d)such other uses that are expressly permitted in this License. Licensee shall not bepermitted to graze any animals other than cattle on the Property under this License.Other than the uses and activities expressly permitted in this License, no use or activitysnatt ne permitted on tn" Property wiihout first obtaining the prior written ap.proval ofLicensors, which approval may nb granted or withheld in the sole and absolutediscretion of Licensors.Licensee may refrain from using all or any portion of the Property dlring any period(s)ot tf.r" Term, ilrovided that therJshall be no reduction in or offset of any Ann1l! LicenseFet or any euarterty f*" Payments due for such period of nonuse and the obligationsof Licensee set forth in this License shall remain in full force and effect during suchperiod(s) of nonuse.Licensee shall have the right to use only those waters and water rights which areappurtenant to the fropei'y and are reasonably necessary in connection withLicensee's grazing operations permitted under this License; provided, that.Licenseeshall not be entitled to use any water on the Property or water rights appurtenant to theproperty to convert the Property or any portion thereof fro.m its existing con-dition of non-inigateri pasture to iirigated pritrr". tt snalt be Licensee's sole responsibility to divertani apply water tor an-y and all of Licensee's grazing activities permitted under thisLicense. Licensee sfrall have no right to use iny water at a location other than on theProperty, nor convey any water or water rights to any other party, fol "ny use orpurpose.' Licensee stratinot sell any water located on or under the Property or any*"i*r rights appurtenant to or associated with the Property during the Term.5. Grazing Requirements.A. All grazing operations conducted by Licensee under thisLicense shall be conducted in accordanJe witti the best course of animal husbandryfracticed in Solano County and the general surrounding vicinity and subject to thespecific limitations and requirements expressly included in this License'3Packet Page 171 of 1251Attachment 2 Page 3 of 26

Grazing License- V\filcox RanchJune2022Page4of13B'lfanyofLicensee,scattlemigratesontoanypropertythat is not subject to this License oi to any other License between Licensors andLicensee, Licensee shall remove such caitle from such property within three {3) days ofLicensee's discovery of same. Licensee shall repair, at Licensee's sole cost and""p"nru, any camaieto the Property or to adjacent lands.which is caused byLicensee,s violation"of the grazing standards set forth in this License or any otherpr"ig"r of this License oitt1e eicroachment of Licensee's cattle onto any landsadjacent to the ProPertY.C. Licensee understands the Properly is encumbered bycertain deed restrictions, which are detailed in the form attached hereto as Exhibit B.and incorporated f'er*in'OV t*ference (the "Deed Restrictions"), and,which is recordedin the official Records of solano county, Licensee hereby acknowledges and agrees toifie toffowing: {i) Licensee has ;eviewed and fully understands, and shall fully complywith all of the terms, conditions and provisions of the Deed Restrictions with respect toany and all of the activities and uses conducted by Licensee on the Property during the"niit" Term of the License; (ii) Licensee further understands that the Licensors may,prior to expiration of tt"t" Term, sell or transfer all or a portion of the Property to thefederal government of the United States of America, or any department or branchthereof(collectively,'tU$A"),forthepurposeofusingtheProperty,orportionsthereof'io u*punO the air installation facilities commonly known as.Travis Air Force Base'Following any such .rt" ot transfer of the Propldy, or portions thereof, to USA' USAshall have the right to terminate this License upon ttre expiration of any Grazing seasonnV6"liueting to licensee written notice of termination at least three hundred sixty-fiveiiOS) A"yr ilr advance of the expiration of such Grazing Season.D, Licensors and Licensee understand that, due to a varietyof reasons, including the palatability of certain areas of the Property and.the proximity ofvarious area$ of tne-nroperty to water' certain areas of the Property will be grazeddifferently at different times which may result in some isolated areas of the Propedyf'uuing *or" or tess forage than otheiareas. Recognizing these normalvariances'Licensee shall maintain not less than an average olseven hundred (700) pounds peracre residuat trernaceorr ow matter ("RDM") 6n and throughout the Property at alltimes during the Term. RDM levels may be monitored by Licensors or Licensors'"g"nt* duriig tne ferm, "nO ny The Naiure Conservancy on an annualbasis inaccordance with tne terms of ttre Deed Restrictions. lf, during the Term, Licenseeo""orur aware, whether independently or upon Licensors' or The Natureconservancy's notification of Licensee,'*'trnnrtr levels on all or any material portion ofthe Property tt" n""ting *initu* allowable amounts' Licensee shall consult withLicensors within r"*n iZl J3VJ tegurCing appropriate corrective actions for Licensee totake to return suctr portioris to atoilanre hnvt amounts. Appropriate correclive actions*aV in.fuJe movinf caitte wittrin the Property, removing cattle from such affectedportions of the profierty, or tat<ing suctr ottrei irusbanCry practices that Licensors andLicensee may agree to mitigate or correct for the poteniilldiminishment of RDM levelswithin the affecied portion Jr tr," property. All costs shall be responsibility of Licensee'4Packet Page 172 of 1251Attachment 2 Page 4 of 26

Grazing License- Wlcox RanchJune2022Page5of13E. Licensors and Licensee recognize that certain eventsunrelated to grazing, including, without limitation' fires, insect invasions (e'g'grasshoppers), droirgfrts ur'rC!*c"ssive rainfall, may affect the variety and density of6r"g" noifr on'ttre giasstanCs portion of the Property and.within the vernal poolslocated on the prp""rty. fi ii tf'" desire of Licensors and Licensee to adjust grazingprtt"rnu on the prop"ty in tfre event.of the occurrence of any such unusualevent inorder to assure tnaineiifrer overgrazing or undergrazing occurs on the Property andtf.r"itf.t" long term health of bothine grisslands and vernal pools on the Property aremaintained in a manner that will sustain both the grazing practices on the Property andthe habitat values associated with the Property'F.Theuseofsupplementallivestockfeedandforage,whether by importing hay or other feed onto ine Property or horticulturally introducingnon-native forage pl-ant material on the Property, snitt.n-e prohibited; provided that theuse of salt licks and nutritional supplements such as vitamins shall be permitted as longas such items are not located or placed within one hundred (100) yards of anyfermanent water $ource or perennial water source or vernal pool'G. The application of fertilizers (including,_wiihout limitation,biosolids) and herbicides shall be prohibited on the Property, except for the. targetedrppfi"ution of herbicides to controithe spread of non-native plants and noxious weedsin those areas of tne Property where there has been an outbreak of non*native plantsand noxious weeds which has been approved in advance by Licensors; provided'further, that in no event shall herbiciaei ne used in any of the vernal pools existing onthe Property.H. All catle grazing activities on the Property shall besubject to all current and future restrictions imposed under the united statesen.irng*r"d Species Act (16 U.S.c. Section 1531 ef. seq.) (the "Act")' Licenseeunderstands that, asth; agency with primary responsibility for overseeing the Act, theU.S. Fish and Wildiife Service may impose firture timitations or restrictions respectingthe length of grazint s""*onr ilO-permissible stocking rates, and may prohibit grazingactiviti& on p-ortions of the Property; provided, however, if USFWS imposes futuregrazing limitations *ni.n materially-impact the grazing rights permitted under thisLicense, Licensors and Licensee inalimutually agree on an appropriate reduction in theAnnual License ree ano associated Quarterly Fee Payments that shall take suchgrazing limitations into account.6. Regsldq. Licensee shall deliver to Licensors, on or before January 30'April 30 and July 3ll? written report setting forth the aggregate number and location ofall cattle grazed on the Property during the"immediately preieding calendar quarter (the,,Quarterty Repo6'ij.- rnii oiartertf neport delivered by Licensee pursuant to thisSection 6 shall be in the form attaehed heieto as Exhibit Q and incorporated herein byreference.Z. Hazardous Substances. The use of biocides, herbicides, insecticides, or5Packet Page 173 of 1251Attachment 2 Page 5 of 26

Grazing License- Wlcox RanchJune 2022Page 6 of '13other agrichemicals on the Property shall be prohibited unless Licensee receives the*iitt*n ipprovat of Licensors to use such substances on the Property prior to. such use,which approval may be granted or withheld in Licensors' sole and absolute discretion'All such chemicals or suistances which Licensee may apply or allow to be applied tothe property shall ne useU and applied at Licensee's sole cost, risk and liability, andLicensee shall indemnify, defend and hold harmless Licensors and Licensors' members,directors, officers, empt6yees, agents and contractors and their heirs, successors andassigns against and from any a'id all claims, losses or liabilities of whatever nature,which in any manner arise out of or result from any use or application of any of suchsubstances by Licensee.Licensee shall not release or permit the release of any pollutant, contaminant, waste,chemical, regulated substance, hazardous substance, petroleum-based substance'toxic substance or hazardous material, which are, or are designated as, or.are subjectio regulation as, hazardous, toxic, harmful or dangerous, under any federal, state orlocal-law, statute, regulation or ordinance ("LaWs") (collectively, "Hazardous.Materials") in a mainer which endangers'human health, welfare, or the environment orthat could cau$e any person to incur any cost or liability for investigation -or cleanup'Nor shall Licensee ,.* ot permit the Property to be used in any manner for thepioOuction, recycting, ireaiment or disposat dt any Haza.rdous Material. Licensee shallhoi nring onto t'he piiperty or allow to be broughi onto the Property any storage tank,either under or above'ground, that contains any Hazardous Material, nor any material.ont.inlng or producini "ny polychlorinated biphenyl's, dioxins or asbestos. At all timesduring thi leim, Licen-see .hall"strictty comply with any and all Laws governing theop"rJtion, creation, management, use, handling, release, treatment, transpOrtation,uior"g*, generation or dis[osal of Hazardous Materials and/or relating to environmentalpiot"itiirn, including ipeciticatty, without limitation, the Comprehensive EnvironmentaliR"rponr., Compeisation and-Liability Act, 42 U,S.C. $ 9601 ef seg', as amended'Licensee, at Licdnsee's sole cost and expense, shall be responsible forany cleanupfursuant to any Laws by 1"tton of Licensee's operations on the Property and shallinOemnity, defend and hold harmless Licensors and Licensors' members, directors,officers, imployees, agents and contractors and their heirs, successors and assignsagainst and'troh anyind all claims, losses or liabilities of whatever nature arising fromor out of Hazardous Materials connected in any way to Licensee's actions or omissionsrelated to the property under the License. Licensee's liability under"this Section 7 shallinclude, without limitation, (i) all consequential damages, directly or indirectly.arising outof the use, release, handling, treatmeni, management, introduction, transportation,generation, storage or dispJsal of Hazardous Materials at or from the Property by[i."nr*" or any dt itt agu;lts or employees, and (ii) the cost of any required ornecessary repair, "iurnip or detoxilication and the preparation of any closure or otherrequired pl"ns, whether such action is required or necessary during th-e lery of thisLicense or subsequent thereto to the full extent that such action is attributable, directlyor indirectly, to the presence or alleged presence of Hazardous Materials connected inany way to Licensee or any of its agents, employees or contractors under this License'All of Licen$ee,s indemnification obligations set iorth in this Section 7 shall survive theexpiration or termination of this License'6Packet Page 174 of 1251Attachment 2 Page 6 of 26

Grazing License- Wlcox RanchJune2A22Page7of13g. Alterations and Mechanlcs' Liens. Licensee shall not construct or permittobeconstructeda@tsonthePropertywithoutLicensors'prior written consent, upon termination or expiration of the.License, all improvementsinaOe by Licensee on the Property, including but not limited to, all grading, drainagepipes, iirigation pumps and undeiground pipelines, electrical poles, lines and fittings,i"nr"., gites, dikes,'ditches and [arthworks are the properly of Licensors and noreimbursement to Licensee shall be required. Licensee shall keep the Property freeand clear of any and all liens arising oui of any work performed or materials furnished atthe request of iicensee or obligatio-n incurred by Licensee. Licensor may requireLicensee to remove some or all of the improvements'g. Condition of Propertv and Maintenance. The Property, as.well as any andallimprovemethereto,islicensedinan,,as.ig,'condition, Licensors make no warranty, express or implied, as to the suitability of theproperty for Licensee's use or the adequacy or condition _of the fencing for confinementof livestock. Licensee agree$, at its own eipense, to perform all maintenance requiredand to keep the prop"rtiin good order and repair and in as safe and clean a conditionas it was at the start of it'tis ii."nre. Licensee's duty to maintain shall extend to but notbe limited to, maintenance of allfences, corrals, troughs, water lines, gates, ditches androadways, if aPplicable.Vandalism is defined as the intentional destruction, disfigurement, injury or removal ofany building, structuie, equipment, facilities or appurtenance of public or personalproperty wiinout the conseni of the owner. Once the Licensee is aware that vandalismh., o"iurred, Licensee shall contact the Fairfield Police DepartmenVSolano.CountySheriff and request a filing of report to substantiate a case for vandalism' lf Licensorsare convinced the damag-e is due to vandalism or an act of God, Licensors may proyidq'at Licensors, discretion reimbursement of materials to repair the vandalism up to a $500maximum per occurrence.10. Taxes. Licensors shall pay all real property taxes and assessments whichmay be levied ,pon oiassessed againit the Property, excluding, however, those leviedo, urr"*red against Lny cattle graied thereon and any personal property belonging toLicensee ptacJO in or about the Property and any net jncome taxes or estate,inheritance or gift taxes or similar taxes imposed on Licensee, all of which shall be thesole responsibility of Licensee if applicable"11. Compliance with Law. Licensee shall, at Licensee's cost and expense'[email protected],inforceeithernoWor in'the future, affecting thb premises, anO shall faithfully observe in its use of thepr.ri.*, all laws, ruleiand iegulations of these authorities, in force either now or in thefuture.12, lndemnificationand lnsurance.IPacket Page 175 of 1251Attachment 2 Page 7 of 26

Grazing License- Wlcox RanchJune 2022Page8of13A. Licensee, shall indemnify, defend and hold harmlessLicensors, it officers, directors, employees, agents and affiliates from any and all claims,iuits, damages, judgments, costs, expenses, liens, levies, attorney fees or expefi Witnessfees or actions of every nr*", kind ind description arising from Licensee's activities in,,pon or about the Property, brought forth on account of injuries to or death of any personor damage to property arising fr,im or connected with the willful misconduct, negligentacts, errdrs or" orniu*lons, ufti-hazardous activities, activities giving rise to strict liabilityby Licensee or any p"t.i,n directly or indireclly employed by or acting as an agent forLi""nr"*, arising irom Licensee'i use and occupancy of the Property' - Licensee'soUigations undelthis paragraph shall survive the termination or expiration of this LicenseAgreement.It is understood that the duty of Licensee to indemnify and hold harmless includes theduty to defend as set forth in Section 2778 of the California Civil Code'Acceptance of insurance certificates and endorsements required under this Licensedoes not relieve Licensee from liability under this indemnification and hold harmlessclause. This indemnification and holci harmless clause shall apply whether or not suchinsurance policies shall have been determined to be applicable to any of such damagesor claims for damages.B. Licensee shall obtain at its own cost and expense, andat all times during the term of this License keep in full force and effect, commercialgeneral liability irisurance in the minimum amount of $1 million dollars per occurrenceior bodily injury; personal injury and property damage, as well as automobile liabilityinsuranie in ttie amount of $t mittion Cottars per occurrence for bodily injury andproperty damage; provided (i) that Licensors, their officers, agents, employees andvolunte-ers shall be named as additional insureds under the policy; (ii) that the policyshall stipulate that this insurance will operate as primary insurance; and (iii) that noother insurance effected by Licensors or other named insureds will be called upon tocover a loss covered thereunder. The minimum limits stated above shall not serve toreduce the Licensee's policy limits of coverage. The requirements for coverage andlimits shall be (1)tfre niinimilm coverage and limits specified in this License, or (2)thebroader coverage and maximum limits of coverage of any insurance policy or proceedsavailable to the named insured, whichever is greater'G. During the term of this License, Licensee shall fullycomply with the laws of the State of Cilifornia concerning workers' compensation, Said.o*ptirn"* shall include, but not be limited to maintaining in full force and effect one ormori poticies of insurance insuring against any liability Litensee may have for workers'compensation.D^ Licensee shall file with Licensors prior to entry onto theproperty: (i) certificates of insurance which shall provide that no cancellation, majorchange-in ioverage, expiration, or non-renewal will be made during the term of theIPacket Page 176 of 1251Attachment 2 Page 8 of 26

Grazlng License- Wilcox RanchJune2022Page9of13License, without thirty (30) days written notice to Licensors prior to the.effective date ofsuch cancellation, oichange in coverage; and (ii) endorsements to its insurance policywhich shall provide for each of the requirements set forth herein.E" Licensee shall require any contractors orsubcontractors performing work on the Property to comply with the insurancerequirements of this Section 12.13. Assiqnment and Subletting, Licensee shall not assign, transfer orencumber ttris f-icense or any rnte,rest herein without the prior written consent ofLicensors. Licensee shall not sublicense all or any part of the Property, or allow anypersons other than Licensee's agents, family, or employees, to occupy or use all or anyi:art of the Property, without the [rior written consent of Licensors. Any assignment orsubleasing withoui the prior written consent of Licensors shall be void.14. Sale. Licensors shall have the right to sell or dispose of the Property orany portion thereoiTuring the Term of this License, subject to the terms and conditionsof ifris License; provided, however, that Licensors shall deliver to Licensee writtennotice of such sble or transfer at least thirty (30) days immediately following such sale ortransfer.15. Licensors'Reserved Riqhts. Licensors, on behalf of themselves andtheiremployeeS,@es,licenseesandguests,reserVetherighttoenter and to use the Property for any purpose, at any time, and in any manner whichdoes not unreasonably interfere with Licensee's use of the Property pursuant to theterms of this License. Licensors' uses shall include, without limitation, determiningcompliance with the terms of this License and the Deed Restrictions, posting notices,research, inspection of the Property, protection of the riparian and wildlife habitat andother natural values of the Property or adjacent properly owned or managed byLicensors, and all other lawful purfoses. Licensee expressly acknowledge.s that theproperty may be open to use by Llcensors and other third parties as provided above. Atthe request of Licensors, Liceniee shall relocate livestock within a reasonable periodand provide any new or relocated fencing necessary to protect the livestock at their newlocaiion on the Property, and cooperate with any other reasonable request made byLicensors to facilitate the performance of any tests, investigations or evaluations, Theexercise, by Licensors or iheir employees, agents or assignees, of Licensors' reservedright of entry shall not substantially interfere with Licensee's permitted grazingoperations under this License.16. Limitation on Legal Riqhts.A. Existins Liens and Encumbfances. This License shall be subject toall existing easemen[ servitudes, iicensee and rights-of-way for canals, ditches,levees, ro-ads, highways, railroads, telephone and electric power lines, water rights,pipelines and'otlier prtpos"s, whether recorded or not recorded, including, withoutlimitation, the Deed Restrictions.oPacket Page 177 of 1251Attachment 2 Page 9 of 26

Grazing License- \Mlcox RanehJune2022Page'10 of 13B. Oil and Gas Rishts. All rights to the oil, gas, m.inerals and,otherhydrocarbons locatelli-[iunfer ife Property are either held by Licensors.or haveneen specifically reserved in favor of a thiid party and are in no way granted toLicensee. Licensee acfnowteOges that Licensois and such a third party may grantleases or licenses, inciuJing rigits of entry, to third parties for the purpose.ofexptoration, drilling "i*iti.g o-f such oil, gas, minerals and other hydrocarbons on theprbp"'ty. Licensdrs agree tiat the exerclse, by Licensors or their assignees, iessees orlicensees, of Licensori oil, fas and minerat rignts shall not substantially interfere withLicensee,s permitted grazing activities under this License.17. Default'A. Failure by Licensee to pay the AnnualLicense Fee or any otheramounts hereunder when due shall constitute'a default by Licensee seven (7) daysafter the amount becomes due without further notice to Licensee by Licensors'B. The failure to perform any other provision of this License shallconstitute a default Lyli."n*"", uft"1. thirty igO) days written notice has been given toLicensee by Licensors'C. lf the default cannot reasonably be cured within thirty days, Licenseeshall not be in default of this License, if Licensee commences to cure the default withinthe thirty-day perioJ anO iitigently and in good faith continues to cure the default'D. Notices given under this paragraph shall specify the. alleged defaultand shall demand tnat [i.uti.ee perform saiC provision(s)within thirty days or vacatene f roperty. lf Licensee fails to pedorm within the notice period or commencep"*otni"n.L, as the case may be, Licensors may terminate this License immediatelyand re-enter and take exclusive use and possession of the Property'18. Relocation: Holding Over. Licensee hereby.expresslywaives the benefitsofanyrightsitmayffitouponterminationofthisLicenseforrelocation assistancl iursuant to Government Code Section 7260 et seq' lf Licenseeholds over on the prt"*fnV failing to vacate the Property and remove all of itslivestock and personll prp"tty theietrom by the date bf termination or expiration' or ifLicensee or its livestock return to the prope*y after the date of termination or expiration,Licensee shall indemnify and hold Licensors -harmless from all liability or all damage tothe property arising iiori', ir.n ho6ing over or reentry as well as all legal and relatedexpenses and costs incurred by Licensors in causing the removal of Licensee' itslivestock o1. p"rronuf piop"rty fiom the Property. The indemnity obligations of Licenseeunder this paragppn inriff sirvive the termination or expiration of this License'A Holdover Fee will be charged and due to Licensors for the period that Licenseecontinues to holdoveiln" Fiop"tty. The amount of the Holdover Fee shall bedetermined nV proi"ting in" n'tt* of the Holdover Fee according to the duration of theLicensee's holdover. The base of the Holdover Fee shall be 1500/o of the Annual10Packet Page 178 of 1251Attachment 2 Page 10 of 26

License Fee paid for the year immediately preceding.the holdover period' The- base ofthe Holdover Fee shall then be multiplied-by the number of days Licensee holds over,and divided by 365 daYs.19. Reserved.ZA. Notices., All notices required by law or by this License shall be givenby deposit in thefnGd States mail, postage prepaid and addressed as follows:Grazing License- Wlcox RanchJune 2022Page11of13Licensors:With a copy to:City of FairfieldAttn: Jennifer Rice1000 Webster Street, 2nd FloorFairfield, CA 94533(707) 428-7727The County of SolanoReal Estate Manager675 Texas Street, Suite 2500Fairfield, CA 94533(707) 784-7906Licensee: Pacific LivestockAttn: Pete CraigP.O. Box 74066Davis, CA 95616(530) 757-802221. Successors and Assiqns. This License and each of its provisions shall bebindingonanffitoftherespectiveheirs,devisees,legatees,u"""riorr, administrators, trustees, successors, and assigns of the parties to thisLicense. Neither pa;t shall assign this License without prior written consent of theother party.22, Re.cordation. This License shall not be recorded'23. Amgndments to License, This License may only be amended by awritingsigne@moragainstwhosesuccessorsandassignsenforcernent of the change is sought24. lntegration. This License contains the entire agreement of the partiesand supersedes anffir written or oral agreements between them concerning therrnj"ricontained h'eiein^ There are no representations, agreements, arrangements orunderstandings, oral or written, between the parties hereto, relating to the subjectmatter of thislicense which are not fully expressed herein'11Packet Page 179 of 1251Attachment 2 Page 11 of 26

Grazing License, Wlsox RanchJune2,022Page 12 of 1325, Savinq%Clause:, lf any term provision of this License or any apFlicationthereoistrail # hffi h unenforbabb, the remainder of this License and any;tpt#fid uttfr* ieim anU provisions shall not be affected thereby, but shall be validairb enforceable pursuant to this License or California law.26. Waiver. The waiver of any breach of any of the provisions of thisLicense Uy f-icensoGshall not constitute a oontinuing waiver sr a waiver of anysuUseque;lt breach by Licensee of the same or any provision of this License'12Packet Page 180 of 1251Attachment 2 Page 12 of 26

lN WITNESS WHEREOF, the parties hereto have caused these presents to.beexecuted by their r"rp".tffi proper officers, thereunto duly authorized, the day and yearfirst above written.o'LIcENSORSn'CITY OF FAIRFIELD, a government entityGrazing License- \A/ilcox RanchJune2022Page 13 of 13By:DateBy:andTHE COUNTY OF SOLANO, Ant entityCB'O/^z/^..LICENSEE''PACIFLIVESTOCK, a California corporationBy:Its:By:Dateas to Formof County Co(/ ^-Date13Packet Page 181 of 1251Attachment 2 Page 13 of 26

E}THIBIT ADESCRIPTION OF' THE TRTANGLA PROPERTYtlv{A} IDEHTIFYII{G TI{E LOCATION OF TI{ETRTANGLE PRO}ERTY IS ATTACITED DIRECTLYBEHIND TI{iS E)ilIIBIT A COVER SI{E,ET]Sy:C:\WINDOWS\COMMAND\SIarI Mcnu\Programs\Ciry of Fairlield .{pps\Alex Documcnte\Super Modificd Graz+ Lease t2003} *Final.dooA-1Packet Page 182 of 1251Attachment 2 Page 14 of 26

d?{3*fnsxXIrI(tt$€(h3:isgqi"ii.rs 3 &\AE *E R--g 1t, c' \-fiE3E RF€, ,:: S -\Es;E .t[o:h * " r-icaall-- v :'i!r- lY-.st 4;Eoo:b(')8fi-c)>-, (]c(}fu- EU,cJ5 aP.e Efi!> ?6g 2l./.)v- ;EE gHR" Eb-3 a,-L=X-oc igb s>'6 B-:19 :o$ -r5o I.p.C I(J# Ib-c)::F E$o€Erl,*.LOfr(r'.Q l2raQ-L)o-X'<oo"!-v(Ja.6t-T6pt-L E-lIIIll"ItiI*jII1t,/I.)II1-- iJI4Wf,II;i!''+'r9-J-*.-rti\^FXB *z-=*jlqctC{u'rt*jr'_1r 'l'Il+,,1-'5l=,d@.{-j)\r'l*\n6tl, tj.+! +'h..w\t,,&!oE$im) ..,r1 'rrt'(ari]-0s€F--< )lm&{t)XCICII1I16l,4'ji+'..{lflrii{,irPacket Page 183 of 1251Attachment 2 Page 15 of 26

2. Proper{ Deseription2.1 Location ofthe S/ilcox PropertyLocated in Solano County" the portion of the Wilcox Property covered by this report isadjacent to Travis Air Force Base (TAI'B) and is situated upprofi*at ely I2.S niiometeri itcmisoutheast of Vacaville, 1 1.5 km east of Fairfieid , .and22 km iouthwest of Dixon. The portion ofthe Wilcox Properry cov,ered by this reporr is composed of two d.iscreet parcels that are separatedby the eastern nrnway of TAFB (Appendix 1. Figure 1)" The parcel norih of tbe runway istri?ngular irl shape and is approximately 288 ames in size whiie the parcel southof the iunway isthe larger of the two parceis and is 157A.$ aeres ir size. Since the property exists as two discreetparcels, each parcel will be described as an individual unit. l-nd, in order to faciiitate discussion,the triangular parcel norfh of the runway q'ill hereafter be referred to as "Wilcox Triangie'? whileth9 parcel south of the runway will be referred to as "Wilcox West'o (Appendix l, Figure i). The\Vilcox Triangle Properly is directiy accessible from Interstate 80 at Dixln via Highway t i3 andllay Road, a total distance of approximateiy 29.5 knr- The Wilcox V/est Froperty, locaied southof tbe eastern TAFB rullway, is accessible from Creed Road via Interstate tO and Highway 111.a total distance of approximately 36.5 km (Appendix 1, Figure 1).2.2 Description of the PropertyWileax TriangleThe Wilcox Triangle proper{r is utilized as non-irrigated pasture for cattle. The WiicoxTriangle is" as previousiy mentioned, triangular in overall shape and is composed of2BB acres.The western side of the Wiicox Triangle propedy is borurd.ed ty Meridian Road and the northern9]99 iu bounded by the abandoned Sacramenro Northern Railway. The "hypotenuse'r of theWilcox Triangle property is bounded by the eastern rwlway of TAFB (Appendix 2, Figure 3).FYilesx f?'estThe Wilcox V/est Prope4y is being utilized as non-inigaied pasture for canie. TheWiicox \Vest Prope*y is composed of 1570.43 acres: is irreguiar in overail shape'and is rnclstiylevei except for a hill a.rea in the southern part of the Property and Mima ir{orLnds in the easrernpart olthe properry. The Northem edge of the Wilcox West Property is borurded by the eastemrunway of TAFB and the Andrew property while the rvestem edge is bounded by South MeridiariRoad. The southern edge.is bounded by Creed Road and by othir plivare propefiy and theeasiern edge is bor.rnded by the remaining eastern poriion of the Wilcox Property owned by Thelrlature Conservancy (Appendix 2, Figure 2).2.3 Surrounding PropeniesWiteox TriangteProperfy to the east and north of V/ilcox Triangle Properif is pasture and is grazed byfttle. Property to the west of Wilcox Triangle Properfy is composed of pasture and a pgplipf,iue$:airt ip *TAI'8. South ofthe Wilcox Triangle Plopeny is the TAFB runway (Appendlt z,l-ie"i'*l?,)ijii,jlii?-,,i'r*i*ur*r: {iir:'in ihig otfl*g"ATrur: /*fifMlchaelS. J*hnson, fr!*{r il$l;iti iloardl!ii.!v{':tiCaiitr:i'rintwPacket Page 184 of 1251Attachment 2 Page 16 of 26

Wilcax l(estLike the $lilcox Triangle Properfy, the Wilcox West Froperty is surrounded bypastureexcept tbr the xunway to the north (Appendlx 2" Figure 2).2,4LegaI DesoriptionThe foiiowing two (2) pages are theLEGAL DESCRIPTIONfor the porfion of the Wilcox Property that is covered by this reporfltls lnstrtlfi$nt h acotr*cicoPY of the orlslndffi tile ln thls offhs"rn'rr6r: d*/nyMiehsei *'lh€iloltd ofofFjvlllie,.;aliiuillH$tabPacket Page 185 of 1251Attachment 2 Page 17 of 26

Trairis ReserveDESCRIPTIONAllthat real property situate in the County of Solano, State of California, being a portion ofSections 18, 19, 2A,21, 29 and 30, Township 5 North, Range 1 East, Mouni Diablo Meridianand described as follows:The $outh one-half of Section 20, the North one-half of Section 29, and all of Sections 18,19,21 and 30, Township 5 North, Range 'l East, Mount Diablo Meridian,EXCEPTING therafronr all that portion of $ections 18 and 19 included within the boundarylines of that ceriain tract of land containing 254.53 acres, more of less, described in Judgrnenton Declaration of Taking in favor of the United States of America in Federal Coutt Action No.5285, dated June 27 , 1946, and a ceriified copy of which was recorded August 27, 1946 inBook 350 of Official Records, ai Page 133, as lnstrument No. 19965. Said 254.53 acretractisalso described in "Amended Final Judgment as to Tract No, 51", dated September 20, 1948and issued out of the same Federal Court Action as before referred to, and a certified copy ofwhich was recorded October 4, 1948 in Book 454 oi Official Records, at Page 544, aslnsirument No, 10358, Solano County Records;ALSO EXCEPTING therefrom all that portion of Section 18 included within the boundary lines'ihat certain tract of land containing 76.85 acres, mCIre or less, described in the Finat-udgment ln Condemnation Awarding Just Compensation For The Taking Of Tract 8200 infavor of the Uniied $tates of Amerisa in Federal Court, Civil Action No. 7481, dated December10,1963.ALSO EXCEPTING therefrom all of the rlght, title and interesi in and to the sirip of land 100feet in width across the northeast quarter of Section 30, the north one-half of Section 29 andthe South one-half of Section 19, described as a "Right of Way for Railroad Purposes" in Deedfronr Thornton Snider Glide and wife, lo Sacramento Northern Railway, a corporaiion, datedDecember 10, 1929 and recorded ianuary 13, 1930 in Book 48 of Ofiicial Records, at Page300, as lnstrument No. 177, Solano Couniy Records;ALSO EXCEPTING therefrom that portion of Section 19 conveyed to the Uniied States ofAmerica by Deed recorded June 16, 1955 in Book 774 ol Ofiicial Records, at Page 145, aslnstrument No, 1 1566, Solano County Records;ALSO EXCEPTING therefrom all those portions thereof within the boundaries of County RoadNo. 125, also know as "Meridian Road";'1,1:s irr,qlruirr*t it tl!:i:t::,r i *flqy *i iii* ixitli*ai; :, :!il: ;ii;;;;.i *l?lC*.I //,'ri riltrr; Lft.A/pfiiinlracl l). Jf,hn*r:trti:., ,ii;tlrlli;p {,-{iti;l, illirr'tu,fPacket Page 186 of 1251Attachment 2 Page 18 of 26

ALSO EXCEPTING therefrorn those portions of said Seciions 2A,21and 29 lyingsoutheasterly of the line shown as the "Travis $etback Line" on the recofd of survey iiled inFosk 25 of Surveys, Page 18, Solano County Records, said line b-egins on the south line ofsaid Norih one-half of Section 29 at a point that lies $outh 89o 17' 38" East, 24A.7A feet fromthe west quarter corner of said Section ?9; thence North 44o 37' 33" East, on said TravisSetback Line 8,757.13 feet to the beginning of a tangent curve concave to the west having aradius of 2000,00 feet and a central angle of 41o 40'55"; thence noftherly on the arc of saidcurve 1454.97 teet; thence North 2o 56i38" East, 377.29 feet to ihe north line of said Section21 , said $oint on the secfion line being 1563.80 feet easterly of the nodhwest cCIrner of said$ection 21 and the northerly terminus of this descriptionEND OF DESCRIPTIONContaining 185S.43 +l acres.The above description was prepared by me or under my direction:DateGary L. Crawford, L,S,3843License Expiration Date 6/3012004V;'fravlgRe6ofve.defthl* lns*ugent lg a**!ffc*t e*py *f th$ rrttlln*$n flls ir} ttrl *ffbe{x/o {llllcluel S. Johnson, eisr{q ${thsrtf lllfirryis*lr $ft:i 1.lr; iri::ri- lil*t$til*t*lir*rr:iaPacket Page 187 of 1251Attachment 2 Page 19 of 26

EICTreIT BCOTY O ' DSED N&STRICTIONStco- Y oF DEED RESTRICTIONS iS AJ:TACIIEDDXRECTLY BEH D TJ{IS EK{F T B COYSA" ST{EETJCiWINDgWS\COMMAIID\SIa$ MengPr-ognmf,Gtty!f-frirfield Appswlx Dosurncn&\Supcr Mldilied GrrzcTx*instr$nert brcoffi{S eoPY of $o slt$lndl-g$E (t6ft,t$tdfhdffi dfl or'B-lByrPacket Page 188 of 1251Attachment 2 Page 20 of 26

$grurpulE IpEED R-ESTRtCllCINSI. Eslablishmeril ofRestrictions, Grantor hereby declares that the Proper11,, andeveq' pafi thereof or interest therein, is now held and shall hereafter,.in perpetuity (subject totermination on11'pursuant to Sgction 8 below), be held, transferred, sold,leased, conrreyed andoccupied subject to the restrictions (coilectivell, the "Resijic"!ions") set forth herein. TheRestrictions shali burden and run with the Property; and every part thereof or interest therein. andshali be hinding on all persons or entities having or acquiring any right, title or interest in thePrcper{1'. ur Bil} parl thereof, and shall benefit Grantor, The Restrictions are intended to be acovenrinl nrnning vrith tire land in accordance r'".ith Caiifornia Civil Code Sec.tion l462et seq.and shali oniy be terminated in accordance with Section I below.2. Penained Useq. The uses of the Property shall be restricted to the followingpermitted us es (coll ectively, the "Igrmi{g-dlJses') :(a) The grazing of sheep and/or cattle on the Property in a manner that doesnot degrade the Habitat Values olthe Property (as defined beJow) existing as of the dare hereof;(b) The construction, operation, repair, maintenance and replacement of minornon-residentjal and non-habitable improvements which are specifically related 1o the perminedgrazing activities that are conducted on the Properly, such as fences, corals, troughs, a bam ancju.indmills; provided. that such activities shall be condueted in a manner that does nor degrade theHabitat Values of the Froperly (as defined below) existing as of the date hereof;(c) Temporary residential uses that are associated with or incjdentalto thepermitted grazing activities conducted on the Property and that do not involve the consrruction ofany improvements,on the Propeny; and(d) Any and all activities by third parties pursuant to any leases, licenses,easements, tenancies, possessory rights, rights of way, or other third parry rights to lease, use" orocsupy ali or any portion of tJre Propeffy (u'hether prescriptive or othenvise) in exisrence as olthe date of the recordation of these Restrictions in the Official Records of Solano Counry.California.For purposes of this Section 2, the term .,Hahit?t \talug ,' shallmean the northem claypan vernal pools aad valley needle grass grassland habitars wlrich supporlmany species. including, without limimtion, rhe Delta green ground beetle, \,ernal pool faiq,shrimp, conser\/ancy faiqy shrimp and tadpole shrimp.3. Grazing RestLictions, Crantor confirms and agrees that Graniee shail nor bedeemed to have degraded the Habitat Vaiues of the Froper"ry as long as the grazing activities onthe Properf'are conducted in compliance with either (a) the terms and conditisns of rhat cefiainFarrn Lease rvith Schene Enterprises, lnc, that is in effeet as of the date these Deed Resrictionsare recorded in the Official Records of Solano County, or (b) each of the follou'ing grazingre strictions (collectivell,, the "Grazing Restrictj.ons"): Tfils !p,$tryt{?rr.r,t l$ &(i) l.lot iess than an averase of seven hundred (200) pounds per r3P##{ilirrild;iiliY-ulherbaceous dry matter ("RDM") shail be maintained on the properr], at all,times. Exenrpt frorn the measuremenr olavarage RDlr{ r.rruif*J ii/r{PurcirascApml-Exhibirs/6 |r;lir:iiirrrl i:. Jr"rhngrn. flir":{C {it;:;; ;l'i;i;'i,iinry1."''' u'D_3 ,,,,i),"ffi';,;MqPacket Page 189 of 1251Attachment 2 Page 21 of 26

(ii)(iii)excluded from the calculations ofRr)M are pasfures that are burned,toads, permineci improvement siles, rock oulcrops: areas within onehundred (100) feet of warering ranks, animal handling con-als and vernajpooi basins. Grantor may conduct an amual monitoring of R-DM in orderto determine compiiance rvith R-DIv4 requirernents.set forth above inaccordance with $ection i below.The annual grazing season on the property shall commence no earlier thanoctober I 5 of any year and shall exrend no later than June I 5 of theirnmediately foll owing year.The use of supplemental iivesrock feed and forage, wherher by iniportinghay or other feed onto the Property or horticultuially introducing non-native forage plant materiai on the properfy, shali be prohibited; provided,that the use of salt licks and nutritionai supplements such as vitarnins shallbe permitted.(iv) 'i-he application of fertilizers (including, bur not lirnited to bio-solids) andherbicides shall be prohibited, €xcepr for rhe rargeted application ofherbicides to control the spread of non-native plants and-noxious weeds inthose areas of the Properry where there has been an outbreak of non-nativeplants and noxious weeds; provided, that in no event shail herbicides beused in any of the vernal pools existing on the properry.4 . Prp.i:ibited.Uses. All uses of the Property that are not expressly permitred inSection 2 above are prohibited for as long as the Restrictions remain in Lffect. bpecifically, foras Iong as the Res,trictions rernain in effect, the follorving uses of, an#or actjvities on, fheFroperty shall be prohibited: (a) excepl as specificaliy hereinabove provided, any residential usesof, or aclivities on,the Property; and (b) any comrneicial or industrial uses o{ oi activities on,tl:e Properry, including, without limitation, feedlotq which are defined as any open or enciosedarea where iivestock owned by other than tlre fee oi\oer of the Property or the lessee or tenant ofthe Propeny are grouped together for intensive feeding purposes, or slaughrerhouses.5. Right of inspeqtign. Crantor and its employees and representatives shall beentitled to ent€r upon the Properly on an annual basis far tire limited iurpor" of confirming thatthe Restrictions set forth in Seclion 3 and J hereof are being met. Prior io uny such entry iorinspection purposes, the parry exercising such inspection rilhts shall provid*'forrr.* tiqjj.ytwritten nodce to'the then eurrent fee owner(s) of iecord of the Property, who shall have a right.together with such lbe ouner(s)' employees and agenrs, to accompany and observe suchinspections' If the parp condueting such annual iispections, or such'parg's emplo],ees oragenti, prepare any reports, diagrarns, charts, graphs, photographs, audio tr visual iecordings orother writings as a result of such inspeetions, copi.r oisucirdocufients shall be proyidedpromptly to the then eurrent fee owner(s) of the Properry, The inspecting party ihail not beauihorized to remove any nraterial, specimen, runrpi. oi subsrancs from [" fiop"ny emsnhe{i}h$ftr is ilthe express consent of the then current fee owner(s) or the Propeny, Access to *. i*,sp$frli[* 'iiii#*,rsrutxadditional times and for additional purposes may be requested'by brantor, bur shall ;,il*d-ifurfti'ottn*;:::_::::'""', of the rhen current fee orwrerisl orrhe propeny. Grantor *fl ,ru fffMlclraol 0. Johnsun, {',*;'ti;:3:ri iitD-4ihs tSodrd+jeiik:r;iii'r{lali,wPacket Page 190 of 1251Attachment 2 Page 22 of 26

indemnifl', hold harmJess' protect and defend Grantee frorn and againsr any and ali claims,cjemands' liabiliiies, l9.sse.s, lau'suits, judgments! costs, ciamages, and other expenses of any kindor natxre rvhatsoever (incluciing" without limitation, court costs and reasonable anornel,s,feesand expenses of counse].selected by the indemnifie'd party,whether incurred at the trial,appeliate' or administrative leriel, or in courection with any arbirration), rvhich irl, crunt.. *r,sustain, incur, or suffer as a result of Grantor's entry ancl activities upon'the proprrtv pursuant tothe righls granted to Granlor under this Section 5. but exclrding any mafters caused by thenegligence or wiilful misconduct of Grantee.bAny lease, license or otherrental or use agreement subsequently enteredinto or made rvith respect to any porlion of thePropeni'. u,liether rvrittenor oral, shallcontain an express provislon infonning the lbsseen tenant"licen.cee or i:rther contracting party of the Restrictions and the Grazing Restrictions and shajlrequire such lessee,tenanf, Iicensee 0r othercontractingparty to comply with all suchRestriiitions and the Grazing Restrictionsthroughoutthe term ofsuch lease, iicense or rental oruse agreement.(b) If Grantee conveys the properb,or any portion thereof to one of thepartieseonstituring Grantee of to a j oint powers authorityconsisting of the parties constitutir:gGrantee,then upon suchconveyance, suchparty or such joint powers authority shall, upon Grantor'sreques[, conflrm to Grantor in writing the effecriveness of the terrns andconditions hereofuponand afler such conveyance and shall cause to be recorded in tlle Official Records of SolanoCounty, California, such instruments as Grantor may reasonably requesl to effep1 . Conve],ances of pfoperr-v.(a) If Grantee deiermines that all or any portion of the property is ,,surplusland" (within the meaning of the caiifornia Governrnent Code Section saizt&nand desires toseii or cunvey the Froperly, or such por[ion thereof. ro a thira partr, then Grantee shal] offer thePropefyor'suclrportionfor-saJesubjecttotherightoffirstrefusaJ(the..@,,)in favor of Granior as provided in section 1 6 of fre egre"mrnt and Escrorv Instructions forPurchase and sale ofReal Properfy (th. '4grgpr0-e$"ibet**"n Granror, as seijer, and Grantee,as buyer, dated as ofAugust ts, eboz. If ar*rot duly exer*ises rurt rigLt, G;*tee shallselland convey the Proper1y- or such poriion thereof to Grantor, as more specificaily provided in theAgreantent' If Grantor does not exercise the Right otFirsi'Rerusal ordoes not acquire theProperty or such portion thereofpursuant thereto, then Grantee may sell the properry or suchporlion thereof to the third parry pursuut.ro ,1r qhl. pr*n*r fir nil;-;^Ji ru.n porrionthereof in respect of which the fught of First Refusal aros*;prgr,1de{},g1g.ug1, that if such saleoccurs.within 90 years after the date of the recordation of these Deed Restrictions in the OfficialRecords of Solano Counf;', Califomia, Grantee shall do so subject to a conservation easement infavor of.Grantor imposing restrictions on the Properry or such porrion tirereoisubstantialiyidentical to the Restrictions set forth in gecrions i "r,a J irereof and otherwise in accordance withf 1t*nu1tt*ents of california ciuit coal s*cr[n 815 ;a;;. or simi]ar successor statures i'rorm and substance reasor:ably acceptable to Crantor to be recorcied in the Official Records ofSolano Counry, California.confirrnation orcontinue the effect.iveness of the Restrictions and the Right of F(c) The provisions of this Section 7 shal.l norProperry, or any ponion thereof contemplated in Sectisn g hereoixn*i tilrt r:ri{ii:mtapply ro any convey#Jg-thir aflirw,theArresn {art/af/ttt!.Purclrasc A gmr"Exh ibitV6Lr-5f,Packet Page 191 of 1251Attachment 2 Page 23 of 26

8, Termination of Deed Restrictions.(a) -,Grantor expressly acknowledges, confirms and agrees that the Restrictionsare not intended 19 uT.1: hinder, impede. discouragi or othenvise impJcr any future expansionof the air insuliation facilirjes commonll'knoum aJTravis Air Force. bas, foi miliiary, .irriijunorjoint-use pulposes (as hereinalier defined) which are not detrimental 1o military operalions arTrnvjs Air Force Base. In that regard, the Restrictions and the fught of First Refusa,l shaliautomn.iically terminate if and rvhen the Froperyy, or any ponion ihereod is transferred to anygoverffnental agency or entity that accept$ titJe to the Properry) or any porrion thereof, (a) withthe intention o[ or (b) has been formed for the purposts of, exianding th. air installarion facjlitiescommottlY knorrqr as Travis Air Force Base. In ths event thaf iess th-in the entire propertv istransfsn-ed to a governmental agency or entity that is described in the immediately pr!"rAingsenteti'-:t- the Restrjctions shall be lerminated only as to the portion of the Froperty so transfinedand shal! remain in full force and effect respecting the remaining ponion of the pioperry. Forpulpo$ris of this Sectio"n.8, the term "expansion of the air insrallition faciiities com*orrly knownas Travis Air Force Base for miiitarl', civiiian or joint use purposes" shall include, wjthoutlimjtation. the construction, operation, use, repaii and maintenanee of (a) a n.* run*uy farairei1o tlre ,:rristing Travis Air Force Base Runway 21L, (b) an "assault" strip, una (c) additionalramps. taxi'ways, associated support buildings, structures and equipment, as rvelj as paved andunpav':cisurfaces needed to sen'e aircraft operations, but shail in no event include anyexpansions that are designed to resuit in any commercial, indusrrial or residentialuses of theProperg', or'tire transferred porrion thereof, that are derrimentai to the milirary operations ofTravis Air Force Base.(b) At least ninety (90) days prior to any transfer of tire Prope4,, or anyportion thereof, to a go-venlmental agency or "niity that is iescribed in this Sr.tion 'S, in-lir.ncurrent fee ouner(s) of rhe Properry, or the portion thereof proposed to be so rraniiened, shallprovide $ritten nolice to Grantor (lhe "Ng:!isg"). Promptly upon receipr of such Norice. Granl'rshall execure a Termination of Restrictions as to the froperqror the portion of the propertl,propased to be transferred, and shall deliver such executed Termination of Restrictir:ns to theescrow agent designated b1' the then cuffent fee oryner(s) of the Properiy, wirh instructions torecord such Termination of Restrictions in the Official Records of dolano Counry onl;, upon thetransfer of the Property or portion thereof to the govefirmental agency or entiw that is describedin the Notice.(c) These Restrictions and the fught of First Refusal sirall terminare and be ofno further force or effect upon the recordarion of any consen,ation easement contemplated inSection ?fa.) hereof as to the Property or the portionihereof covereci by such conservationeasement.. 9' Enfgrcement. The Restriclior:s ma), be enforced by Grantor by any proceeding atlaw or in equiq,.10' AForne.v-s' Fees and Costs. in any action brought to enforce or to resirain anyviolation o1'the Restrictions, the prevailing parg shall recovri fron, the r:ther pan),, &*{#tlg**fg io oiil"::f"q:s' injunctive or other relief, all costs and expenses (wherher ot noi allcg,6Egg&{, *t itrr {-idr*{$s$;:::, ttems b1' la rv) reasonably incurred at, before and after rrial or on appeal" or il"riitiiiii this ofii#banj'ruptc-v or arbitration proceeding, ingluding v,,ithout lirrritarion r*uronabl. Wffi;ffi/r/Mlclwelil. 'Jottflr:::;:' ilii:: i'. i:;'lhe Floarrlt",illiilii;1',Ir u rchnsey', gmt jE>l h ib r r:/6D-63y:ths L;]tJ'tt.;Packet Page 192 of 1251Attachment 2 Page 24 of 26

witness {expert and othenvise) fees, deposition costs, copying charges and other reasonabieexpenses.1 L Failure to Enforce Not a lVaiyer of Rights. The faiiure of Granto.r to enforce theRestrictions shall. in no event be deemed a waiver of the right to do qo,thereaffer,lZ. Modificatiqn. The Restriction!, or any provisio4 hereof, may be modified oramended only with the"rwitten consent of Grantor and the then current fee owner(s) of theProperg u, the pofiion thereof to be affected by suchmodificatipn oi amendment..No 'modificarion or amendmgnt pursuant to this Sqctiqn 12 shall be,dffeqtive until a properi,r*ro**nt,,in writing, has.been'executed ant;;6;wledged andlrec,orded in the OfticialRecords nf Sqlano County, Califcrnia' : : j' :'13 " Rigki of Mortgagees" The Reskictions and other provisions herein containedshall. hq deerned subject and subordinate to ail rnortgages and deeds of trust now oI hereafterexecurc,; upon the P?oFedI, and none qf the Restrictions shall supersqde or !n any way reducethe 5ecuriry or affect the validity of the lien of any such mortgage gr d-eed of t'ust; provided,horre1,.:r, that if any por{ion of the Propefry is sold under a fbreclssijie of any mortgagg or underthe,pror.;r;rons of any deed of trust, any: purchaser under such sale, and the iuccessors atid assignsof sucl,;rrrchaser, sliall hold any and aliof the Propeay so purchaied sqbject to'ail of theRestriclions and other provisiorts hereof,' Thf.s irlgtrunreflt ie a":".ii tJl'v c, iiic u;lglnalrvr ills'in ttr{s ilfim'Affrsr; tl>o 1A{F,fitrlrtel *Jtlh*s*n,t;leik dncr"tilj'--:,, ".,r:rs ol*i f,.ti) t ',.;StatnOltlli', /P urchascA grnl-Exhibiu/6D-7l:;' .Packet Page 193 of 1251Attachment 2 Page 25 of 26

EXIIIEIT CF'ORM OF QUARTERLY REPSRTLivestoclc Grazi4s Use ReportParcel:I certiff that this is a complete and accurate report of grazing use.?eef5Signature of LesseeCIWINDO\I S\COMMAND\SIarI lv{enulPrograms\Ciry of Fairfield Apps''"Aler Documents\Supcr Modified GrazsfurgThlc lnstrunieni is acCI;ii;{tg c{ ihe triighai,*,,,roil -t$.,f$ffitNs otticn'"""";;;;'i;//*t. i.:1.1iitirt'.\,,r"::' t;]{lr.t I IJeilrng',ttt,o{ $rlli:l,ii;nPf.. J3, Z(flE0"sff:\nbe€,|"'fl.A{+€-\t0v, tc,20o3Ic-18Y:*t**dil*llti;'Packet Page 194 of 1251Attachment 2 Page 26 of 26

Agenda Item No: 7.

AGENDA REPORT
DATE:August 16, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022200 of the City Council of the City of Fairfield Approving the Second Amendment to Declaration of Easements, Covenants and Restrictions Entered Into By and Among the City of Fairfield, a California Municipal Corporation, Tallen California LLC, a California Limited Liability Company, 99 Cents Only Stores LLC, a California Limited Liability Company, and McDonald’s USA, LLC, a Delaware Limited Liability Company Against Real Property located in the City of Fairfield, More Commonly Known as Parcels 1, 2, 3, 4 and 5, as Shown on that Certain Map Entitled: “Fairfield Home and Garden Center II,” Which Map was Filed in the Office of the County Recorder of Solano County, California on March 13, 1995, in Book 39 of Parcel Maps at Page 21 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The parties subject to the existing easements, covenants, and restrictions wish to modify the current restrictions to allow for a greater variety of uses in the future.

DISCUSSION
The City entered into a Declaration of Easements, Covenants and Restrictions, known as the (Original CC&Rs), with Terry Tallen, 99¢ Only Stores, and McDonald's on March 10, 1995, against property located in the shopping center located at the corner of Texas Street and Beck Avenue in Fairfield. The Original CC&Rs were modified for the first time on November 16, 2007. The Original CC&Rs, as modified by the First Amendment and Waiver (Exhibit B), contains certain prohibitions on the uses to which the property within the shopping center must abide by. The parties of this agreement now desire to modify the prohibited uses portion of the Original CC&Rs as follows:

1. Expired Use Restrictions
The CC&Rs are to no longer prohibit or limit the sale of automobile and other motor vehicle accessories, parts and attendant products from the Smart & Final Parcel (i.e., the Parcel currently owned by Tallen) or the L/Abrams Parcel (i.e., the Parcel currently owned by McDonald’s); and
The CC&Rs are to no longer prohibit or limit the sale of groceries and food service supplies Packet Page 195 of 1251

2. Gym Use Restrictions
If a gymnasium, sports, health club, or spa operates in the shopping center during any period when 99¢ Only Stores or any Affiliate of 99¢ Only Stores (as defined below) owns or leases the Pep Boys Parcel, then the following terms and conditions shall apply to the operation of the gym (unless waived by 99¢ Only Stores or such affiliate of 99¢ Only Stores, in its sole and absolute discretion):

No more than one gym may operate in the shopping center at any one time; and If the gym operates on the Smart & Final parcel, (i) the owner of the Smart & Final parcel and the operator of the gym shall cause the gym customers to park on the north side of the gym building, and (ii) to the fullest extent permitted by applicable laws, the main customer entrance to the gym shall be located on the north side of the gym building; and The operation of the gym shall not result in a shortage of parking spaces for the customers, employees, and invitees of 99¢ Only Stores or such affiliate of 99¢ Only Stores; and No zoning variance, conditional use permit, special use permit, or similar form of relief shall be required for the operation of the gym due to insufficient parking at the shopping center.

3. Any office use on the Pep Boys Parcel, Smart & Final Parcel, or L/Abrams Parcel, except (i) office use ancillary to a retail use conducted from such site, (ii) retail service office uses commonly found in shopping centers, such as (but not limited to) banks, escrow offices, savings and loans and financial institutions, medical, dental, chiropractic, optometrist and similar professional offices, travel agencies, real estate brokers, insurance brokers, tax service offices, and specifically excluding governmental office uses; and (iii) a blood plasma donation/collection center.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to not approve the modifications which would result in no change to the existing CC&Rs.

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

Description
Packet Page 196 of 1251

Agenda Item No: 7.AGENDA REPORTDATE:August 16, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022200 of the City Council of the City of Fairfield Approving the SecondAmendment to Declaration of Easements, Covenants and Restrictions Entered Into Byand Among the City of Fairfield, a California Municipal Corporation, Tallen CaliforniaLLC, a California Limited Liability Company, 99 Cents Only Stores LLC, a CaliforniaLimited Liability Company, and McDonald’s USA, LLC, a Delaware Limited LiabilityCompany Against Real Property located in the City of Fairfield, More Commonly Knownas Parcels 1, 2, 3, 4 and 5, as Shown on that Certain Map Entitled: “Fairfield Home andGarden Center II,” Which Map was Filed in the Office of the County Recorder of SolanoCounty, California on March 13, 1995, in Book 39 of Parcel Maps at Page 21RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe parties subject to the existing easements, covenants, and restrictions wish to modify the currentrestrictions to allow for a greater variety of uses in the future.DISCUSSIONThe City entered into a Declaration of Easements, Covenants and Restrictions, known as the (OriginalCC&Rs), with Terry Tallen, 99¢ Only Stores, and McDonald's on March 10, 1995, against propertylocated in the shopping center located at the corner of Texas Street and Beck Avenue in Fairfield. TheOriginal CC&Rs were modified for the first time on November 16, 2007. The Original CC&Rs, asmodified by the First Amendment and Waiver (Exhibit B), contains certain prohibitions on the uses towhich the property within the shopping center must abide by. The parties of this agreement now desireto modify the prohibited uses portion of the Original CC&Rs as follows: 1. Expired Use RestrictionsThe CC&Rs are to no longer prohibit or limit the sale of automobile and other motor vehicleaccessories, parts and attendant products from the Smart & Final Parcel (i.e., the Parcelcurrently owned by Tallen) or the L/Abrams Parcel (i.e., the Parcel currently owned byMcDonald’s); andThe CC&Rs are to no longer prohibit or limit the sale of groceries and food service suppliesfrom the Pep Boys Parcel (i.e., the Parcel currently owned by 99¢ Only Stores) or theL/Abrams Parcel.2. Gym Use RestrictionsIf a gymnasium, sports, health club, or spa operates in the shopping center during any periodwhen 99¢ Only Stores or any Affiliate of 99¢ Only Stores (as defined below) owns or leases thePep Boys Parcel, then the following terms and conditions shall apply to the operation of the gym(unless waived by 99¢ Only Stores or such affiliate of 99¢ Only Stores, in its sole and absolutediscretion): No more than one gym may operate in the shopping center at any one time; andIf the gym operates on the Smart & Final parcel, (i) the owner of the Smart & Final parceland the operator of the gym shall cause the gym customers to park on the north side of thegym building, and (ii) to the fullest extent permitted by applicable laws, the main customerentrance to the gym shall be located on the north side of the gym building; andThe operation of the gym shall not result in a shortage of parking spaces for the customers,employees, and invitees of 99¢ Only Stores or such affiliate of 99¢ Only Stores; andNo zoning variance, conditional use permit, special use permit, or similar form of relief shallbe required for the operation of the gym due to insufficient parking at the shopping center.3. Any office use on the Pep Boys Parcel, Smart & Final Parcel, or L/Abrams Parcel, except (i)office use ancillary to a retail use conducted from such site, (ii) retail service office usescommonly found in shopping centers, such as (but not limited to) banks, escrow offices, savingsand loans and financial institutions, medical, dental, chiropractic, optometrist and similarprofessional offices, travel agencies, real estate brokers, insurance brokers, tax service offices,and specifically excluding governmental office uses; and (iii) a blood plasma donation/collectioncenter.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to not approve the modifications which would result in no change to the existingCC&Rs.STAFF CONTACTDwayne Dalman, Economic Development Division Manager(707) 428[email protected] WITHCity Attorney's Office ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Second Amendment to Declaration of Easements, Covenants and Restrictions REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 8/2/2022 11:07 AM
Beavers, Esther Approved 8/2/2022 11:56 AM
Beavers, Esther Approved 8/2/2022 11:56 AM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-200

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SECOND

AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, AND RESTRICTIONS ENTERED

INTO BY AND AMONG THE CITY OF FAIRFIELD, A CALIFORNIA MUNICIPAL CORPORATION, TALLEN CALIFORNIA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY , 99 CENTS ONLY STORES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND MCDONALD’S USA, LLC, A DELAWARE

LIMITED LIABILITY COMPANY AGAINST REAL PROPERTY LOCATED IN THE CITY OF FAIRFIELD , MORE COMMONLY KNOWN AS PARCELS 1, 2, 3, 4 AND 5, AS SHOWN ON THAT CERTAIN MAP ENTITLED: “FAIRFIELD HOME AND GARDEN CENTER II,” WHICH MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, CALIFORNIA ON MARCH 13, 1995, IN BOOK 39 OF PARCEL MAPS AT PAGE 21
WHEREAS, the City entered into a Declaration of Easements, Covenants, and Restrictions, known as the “Original CC&Rs,” with Terry Tallen, 99¢ Only Stores, and McDonald's on March 10, 1995, against property located in the shopping center located at the corner of Texas Street and Beck Avenue in Fairfield; and WHEREAS, the Original CC&Rs were modified for the first time on November 16, 2007; and WHEREAS, the Original CC&Rs, Exhibit B, as modified by the First Amendment and Waiver, contains certain prohibitions on the uses to which the property within the shopping center must abide by; and WHEREAS, the parties of this agreement now desire to modify the prohibited uses portion of the Original CC&Rs as documented in the Second Amendment to Declaration of Easements, Covenants, and Restrictions in order to allow for a greater variety of uses in the future.

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

The City Council hereby approves the Second Amendment to Declaration of Easements, Covenants, and Restrictions, as attached hereto, with such non-substantive changes as may be approved by the city manager.

PASSED AND ADOPTED this 16th day of August, 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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RE CO RD ING RE Q UESTED BY AND
W H EN RE CO RD ED M AIL TO :

Tallen California, LLC
203 Flamingo Road, #362
Mill Valley, CA 94941
APN:

Space Above This Line Fvr Recorder ':s Use

SECOND AMENDMENT TO DECLARATION OF

EASEMENTS, COVENANTS AND RESTRICTIONS
This Second Amendment to Declaration of Easements, Covenants and Restrictions (the "Amendment") is entered into by and among THE CITY OF FAIRFIELD, a Californiamunicipal corporation (the "City"), T ALLEN CALIFORNIA, LLC, a California limited liability company ("Tallen"), 99 CENTS ONLY STORES LLC, a California limited liability company (successor by conversion from 99¢ Only Stores, a California corporation) ("99¢ Only Stores"), and MCDONALD'S USA, LLC, a Delaware limited liability company (successor in interest to Golden Arch Limited Partnership, a Delaware limited partnership) ("McDonald's"), effective as of this __ day of , 2022. The City, Tallen, 99¢ Only Stores and McDonald's are collectively referred to herein as the "Parties."

RECITALS
A The City, The Pep Boys Manny, Moe and Jack of California, a California corporation ("Pep Boys"), predecessor-in-interest to 99¢ Only Stores, Smart & Final Stores Corporation, a California corporation ("Smart & Final"), predecessor-in-interest to Tallen, and L/ Abrams Venture, a California general partnership ("L/ Abrams"), predecessor-in-interest to McDonald's, entered into that certain Declaration of Easements, Covenants and Restrictions, dated as of March 10, 1995 and recorded in the Official Records of Solano County ("Official Records") as Document No. 1995-00015012 on March 13; 1995 (the "Original CC&Rs") against that certain property in the City of Fairfield, County of Solano, State of California, as more particularly described on Exhibit A attached hereto (the "Shopping Center").

B. Smart & Final entered into that certain Waiver of Restriction, dated March 7,2004 (the "Waiver"), and recorded in the Official Records as Document No. 200400041668 on April 5, 2004, which waived certain rights of Smart & Final under the Original CC&Rs.

C. The Original CC&Rs were modified by that certain First Amendment to Declaration of Easements, Covenants and Restrictions recorded in the Official as Document No. 200700119238 on November 16, 2007 (the "First Amendment"). The Original CC&Rs, as modified by the First Amendment and Waiver, are hereinafter referred to as the "CC&Rs". 1 of8
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D. Exhibit B of the Original CC&Rs, as modified by the First Amendment and Waiver, contains certain prohibitions on the uses to which the property within the Shopping Center may be put ( collectively, the "Prohibited Uses").

E. The Parties now desire to modify the Prohibited Uses and otherwise modify the CC&Rs as set forth hereinbelow).

NOW, THEREFORE, for good an valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Modifications of Prohibited Uses. The Prohibited Uses are hereby modified by those prohibited uses which are set forth in the amended Exhibit B to the CC&Rs attached hereto and made a part hereof by this reference. Accordingly, the amended Exhibit B attached hereto supersedes and replaces Exhibit B attached to the Original CC&Rs,

2. Expired Use Restrictions. The Parties hereby acknowledge and agree that:
(a) (i) the prohibitions and use restrictions set forth in Section 8(a) of the CC&Rs have expired and terminated by the terms thereof and are therefore of no further force or effect, and (ii) the CC&Rs therefore no longer prohibit or limit the sale of automobile and other motor vehicle accessories, parts and attendant products from the Smart & Final Parcel (i.e., the Parcel currently owned by Tallen) or the L/Abrams Parcel (i.e., the Parcel currently owned by McDonald's); and (b) (i) the prohibitions and use restrictions set forth in Section 8(b) of the CC&Rs have expired and terminated by the terms thereof and are therefore of no further force or effect, and (ii) the CC&Rs therefore no longer prohibit or limit the sale of groceries and food service supplies from the Pep Boys Parcel (i.e., the Parcel currently owned by 99¢ Only Stores) or the L/Abrams Parcel.

3. Gym Use Restrictions. If a gymnasium, sport or health club, or spa (in all such cases, the "Gym") operates in the Shopping Center during any period when 99¢ Only Stores or any Affiliate of 99¢ Only Stores (as defined below) owns or leases the Pep Boys Parcel, then the following terms and conditions shall apply to the operation of the Gym (unless waived by 99¢ Only Stores or such Affiliate of 99¢ Only Stores, in its sole and absolute discretion): (a) no more than one Gym may operate in the Shopping Center at any one time; (b) if the Gym operates on the Smart & Final Parcel, (i) the owner of the Smart & Final Parcel and the operator of the Gym shall cause the Gym customers to park on the north side of the Gym building, and (ii) to the fullest extent permitted by applicable laws, the main customer entrance to the Gym shall be located on the north side of the Gym building; ( d) the operation of the Gym shall not result in a shortage of parking spaces for the customers, employees and invitees of 99¢ Only Stores or such Affiliate of 99¢ Only Stores; and ( e) no zoning variance, condition use permit, special use permit or similar form of relief shall be required for the operation of the Gym due to insufficient parking at the shopping center. As used herein, "Affiliate of 99¢ Only Stores" shall mean any entity which is owned by, which owns, or which is under common ownership with, 99¢ Only Stores or ismerged into 99¢ Only Stores or into which 99¢ Only Stores or an affiliate of 99¢ Only Stores is merged.

4. Address for Notice. The address for notice pursuant to Section 17( c) of the Original CC&R's for 99¢ Only Stores, Tallen and McDonald's are as follows:
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9 9 ¢ O n ly S to re s:

T a ll e n :

M c D o n a ld 's:
99 C en ts O n ly Stores L L C
40 0 0 E ast U ni o n P acifi c A v en ue
C omm erce, C A 90 0 2 3
A tt n : R eal E state D ep art m en t
W ith a cop y to :
99 C en ts O n ly Stores L L C
400 0 E ast U ni o n P acifi c A ven ue
C o mm erce, C A 90 0 2 3
A tt n : G en era l C o un sel
T all en C alifo rn ia, L L C
20 3 F lam in g o R oad , #36 2
M ill V all ey , C A 94 9 4 1
Y o li M atra n g a
RE P o rt fo lio M anager
M cD o n ald 's C orp o ra tion I W aln ut C reek F ield O ffi ce 24 4 3 F air O ak s B lv d ., #30 0 I
S acram en to , C A 958 2 5
5 . Inconsistency. Except to the extent expressly stated herein, the terms of the CC&Rs are unmodified and remain in full force and effect. In the event of any inconsistencies between the terms of this Amendment and the CC&Rs, the terms ofthis Amendment shall govern.

6. Severability. If a court of competent jurisdiction finds any provision of this Amendment to be invalid, illegal, or otherwise unenforceable, that determination will not affect any other provision of this Amendment. The invalid provision will be severed from this Amendment and all remaining provisions will continue to be enforceable by their terms and of full force and effect.

7. Successors. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, permitted assigns and representatives.

8. Integration. This Amendment, together with the CC&Rs, is the entire agreement among the Parties regarding its subject matter and supersedes any prior oral or written agreements among them regarding the subject matter contained herein.

9. Recitals. All recitals included in this Amendment are hereby incorporated as though fully set forth herein.

10. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. 3 of8
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11. Su b m ission . Submission of this instrument for examination or signature by any party hereto shall not constitute an offer nor a representation or warranty of any kind by any other party hereto, and this instrument shall not be effective as an amendment to the CC&Rs or otherwise unless and until the same is fully signed and delivered by the Parties and the same is recorded in the Official Records.
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The Parties have executed thi s Second A m endm ent to D ecl aration of Easem ents, Covenan ts an d R estrictions as of the date set fo rth above.

CITY OF FAIRFIELD,
a California municipal corporation
By: _
Name: _
Title: -------------
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. )
)

COUNTY OF )

STATE OF CALIFORNIA
On~-----------' before me, ~
Notary Public, personally appeared. , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
[seal]
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JALLEN

TALLEN CALIFORNIA, LLC,
a Califor · ited liability com
By: --C:==::::~~~~~~~~:::::::..._
Name: Terrence Tallen
Title: Manager
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF MP&..1tJ )
On , I is I ZOZ/l 'before me.~, -------------==--...-.--------~~- Notary Ptiblic, p~rsonally appeared. ~,.4--J--JC'-LL=-=::__-K---LLLLIL.£L--'-----' who proved to me on the basis of satisfactory evidence to be the perso1Jk81 w ose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[seal]
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99¢ ONLY STORES
99 C en ts O nly Store L L C ,
a C ali fo rnia lim it ed Ii ili ty com pany
A N otary Public or other offi cer com pleting this cert ifi cate verifi es only the identity of the individual w ho signed the docum ent to w hich this cert ifi cate is attached, and not the tru thfu lness, accura cy, or validity of that docum ent. )
)

COUN TY OF LOS ANGELES )
On ·tilA k .J \ 1.., 1-0 1,1- , before me,_~...=.....,,,,<.~:a::::-=-------,..........._L::=-=--=-------'---....:....__--- Notary Public, personally appeared SC. , who proved
to me on the basis of satisfactory evidence to be the personts- whose name~ is/are subscribed to the within instrument and acknowledged to me that he/she/tltey executed the same in his/Herlthe~r authorized capacityues), and that by his/h@r/tkofr signaturetee on the instrument the person(s), or the entity upon behalf of which the persorus) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA
[ seal]
Notary Public
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M cD O N A L D 'S
M cD O N A L D 'S U SA , L L C ,
a D elaw are lim ited liabili ty com pany
By: __ -11----+-~--------;------,,c--
Name: Padraic G. Molloy
Title: Senior Counsel of McDona
Corporation,
Authorized Signatory
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATEOF J Lt1tvOr~ )
coUNTYoF_G_v_,~,tl.~----~
~ ·-r ,4 />L fff- 170 ✓ On j V\L-~ ~ 1 '"Z.DZ."Z- , be ore me, __ -~__._,~N __ I--'------------- Notary Publlc, personally appeared A-v c. t,.. .. 'W1-v 1.,z.. ~ , who proved to me on the basis of satisfactory evidence to be the person(s) ose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of /L/...1 N tJI £ that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[seal]

OFFICIAL SEAL

TANIA PATTON
NOTARY PUBLIC· STATE OF ILLINOIS
Pvff COMMISSION EXPIRES:09/22/23
otary Public
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EXH IBIT A

LEGAL DESCRIPTION
Real Property located in the City of Fairfield, County of Solano, State of California described as follows:

Parcels 1, 2, 3, 4 and 5, as shown on that certain Map entitled: "Fairfield Home and Garden Center II", which Map was filed in the office of the County Recorder of Solano County, California on March 13, 1995, in Book 39 of Parcel Maps at Page 21.

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Exhibit A
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EXIDBITB

PROHIBITED USES

1. Any use which is a public or private nuisance.

2. Any use which produces noise or sound that is objectionable due to intermittence, high frequency, shrillness or loudness.

3. Any use which produces obnoxious odors (provided, however, that this prohibition shall not apply to a bus terminal on the City Parcel).

4. Any use which produces noxious, toxic, caustic or corrosive fuel or gas (provided, however, that this prohibition shall not apply to a bus terminal on the City Parcel).

5. Any use which produces dust, dirt or fly ash in excessive quantities.

6. Any use which produces fire, explosion or other damaging or dangerous hazard (including the storage, display or sale of explosives or fireworks).

7. Any warehouse.

8. Any assembling, manufacturing, industrial, distilling, refining, smelting, agriculture or mining operation.

9. Any office use on the Pep Boys Parcel, Smart & Final Parcel, or L/Abrams Parcel, except (i) office use ancillary to a retail use conducted from such site, (ii) retail service office uses commonly found in shopping centers, such as (but not limited to) banks, escrow offices, savings and loans and financial institutions, medical, dental, chiropractic, optometrist and similar professional offices, travel agencies, real estate brokers, insurance brokers, tax service offices, and specifically excluding governmental office uses, and (iii) a blood plasma donation/collection center.

10. A dry cleaning plant.

11. Any establishment selling or exhibiting pornographic materials.

12. Living quarters, sleeping apartment or lodging rooms ("Residential Uses"); provided, however, that this prohibition shall not apply to a fire station on the City parcel or Residential Uses on the Pep Boys Parcel; provided further, however, that Residential Uses are permitted on the Smart & Final Parcel if ( and only it) both the Pep Boys Parcel and Smart & Final Parcel are used for Residential Uses (it being understood and agreed that unless both the Pep Boys Parcel and Smart & Final Parcel are used for Residential Uses, then the Smart & Final Parcel may not be used for Residential Uses, but Residential Uses shall be permitted on the Pep Boys Parcel regardless of whether the Smart & Final Parcel is used for Residential Uses).

13. A massage parlor, or the business of "adult" materials, including, without limitation, CC&Rs Amendment #2
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m agazines, books, m ovies, videos, an d photographs.

14. Any mortuary, funeral home or crematorium.

15. Any movie theatre, skating rink, bingo parlor, bowling alley, game room, pool or billiard parlor room, game arcade, or amusement center.

16. Any children's playground, play area or recreational center, other than in connection with a "fast-food" restaurant.

17. Any lounge, bar, tavern, nightclub, disco, discotheque, dance hall, strip show, restaurant or any business offering live entertainment of any kind.

18. Pawn shops.

19. Any flea market, which shall not be construed to include a farmer's market or similar uses.

20. Any carnival, amusement park or circus.

21. Off-track betting sites.

22. Any gas station or car wash.

23. Any facility for the sale of new or used motor vehicles, trailers, or mobile homes.

24. Any banquet hall, auditorium, or other place of public assembly.

25. Any training, or educational facility (including, but not limited to, a beauty school, barber college, reading room, school or other facility catering primarily to students or trainees rather than customers) (provided, however, that this prohibition shall not apply to the Pep Boys Parcel).

26. Any governmental body, or a subdivision or agency of a governmental body on the Pep Boys Parcel, Smart & Final Parcel, or L/ Abrams Parcel.

27. Laundromat.

28. Bridge, chess or similar club.

29. Any drive-through facility (other than on the L/Abrams Parcel), unless the stacking patterns therefor are approved by the owners of the other Parcels (which approval shall not be unreasonably withheld, conditioned or delayed).

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Exhibit B
-2-
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Agenda Item No: 8.

AGENDA REPORT
DATE:August 16, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022201 of the City Council of the City of Fairfield Approving the Professional Services Agreement for Geographic Information System Assessment and Strategy with Vestra Resources, Inc.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Public Works Department (PW) and Community Development Department (CD) seek approval to enter into a professional services agreement with Vestra Resources, Inc. (Vestra) for Geographic Information System (GIS) services and training.

DISCUSSION
The City of Fairfield (City) utilizes GIS across various departments for infrastructure planning which include maintaining a map of its utility assets such as its sewer and storm system, fiber optics, and benchmarks. City staff requires access to a current map to provide ongoing critical services and to plan for projects that may involve Capital Improvement Projects and Water Utility Projects.

The City needs services to migrate electronic and physical files into the current Environmental System Research Institute (ESRI) platform and its suite of applications to update existing layers within the City’s GIS. The objective is to improve the precision and accuracy of assets and the mapping of its utility infrastructure. The City needs services to provide technical training to staff for the operation and maintenance of its geodatabases, datasets, and shapefiles through ESRI and its suite of applications.

A Request for Qualifications (RFQ) was released in December 2021, and four qualified responses were received. The committee comprised of Information Technology (IT), PW, and CD staff evaluated each response. This process included conducting reference checks and comparing each proposal’s scope of work, overall qualifications, and cost estimates. The City determined Vestra had the most suitable proposal for the City’s needs.

Vestra will provide services to the City on an oncall, asneeded basis. Their services include, but aren’t limited to:

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Vestra will provide services to the City on an oncall, asneeded basis. Their services include, but aren’t limited to:

1. Process Improvement
Provide a kickoff meeting to review and confirm the project scope of work, schedule, budget, establish guidelines, and reach an agreement on protocols for change control, communications, and project closing processes, as needed.

Provide evaluation of the City’s daytoday workflow and analyze what departments find helpful to contribute to improving the GIS data.

Gather preliminary information about departments’ primary business objectives, business processes, existing data, and applications.

Identify gaps in usage and delivery to develop appropriate governance procedures with the current enterprise geodatabases and layers within the City.

Respond to Requests for Information (RFIs) and Contract Change Orders (CCOs).

Prepare reports summarizing observations, recommendations, estimated costs of implementation, and conclusions.

Cooperate, coordinate, and communicate with all internal City departments and divisions, as necessary. Coordinate meetings with City staff, contractors, and other stakeholders as each project may require.

2. Training
Provide training to staff on using GIS software and applications.

Provide handson and conceptual training related to the administration, maintenance, and support of the Enterprise GIS data and departments’ sublayers.

3. Update GIS
Set upup a standard folder structure within the City’s environment that will store all scanned documents in an organized pattern. Consolidate user datasets and collocate them into staging file geodatabase for import into the City IT GIS Enterprise.

Provide services to scan, file, and import/migrate physical and electronic documents into a standard folder structure.

FINANCIAL IMPACT
The total amount requested in the agreement is not to exceed $200,000 with the following funding sources equally shared:

Public Works – Street Maintenance Concrete Team 4 (101602068911) Community Development – Economic Development (101453008911) Public Works Capital Projects – Sewer Mains (25560199891110131) Water Utility – Other Consulting Services (4618911)
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to approve the proposed professional services agreement with Vestra.

This would impede the City’s ability to update and improve the mapping accuracy of its infrastructure and assets necessary for the ongoing maintenance of its utilities. The City staff may not have access to reliable datasets, geodatabases, and shapefiles in its current GIS.

STAFF CONTACT
Jonathan Luong, Management Analyst I
(707) 4287463
[email protected]
COORDINATED WITH
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Agenda Item No: 8.AGENDA REPORTDATE:August 16, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022201 of the City Council of the City of Fairfield Approving theProfessional Services Agreement for Geographic Information System Assessment andStrategy with Vestra Resources, Inc.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Public Works Department (PW) and Community Development Department (CD) seek approval toenter into a professional services agreement with Vestra Resources, Inc. (Vestra) for GeographicInformation System (GIS) services and training. DISCUSSIONThe City of Fairfield (City) utilizes GIS across various departments for infrastructure planning whichinclude maintaining a map of its utility assets such as its sewer and storm system, fiber optics, andbenchmarks. City staff requires access to a current map to provide ongoing critical services and to planfor projects that may involve Capital Improvement Projects and Water Utility Projects. The City needs services to migrate electronic and physical files into the current Environmental SystemResearch Institute (ESRI) platform and its suite of applications to update existing layers within the City’sGIS. The objective is to improve the precision and accuracy of assets and the mapping of its utilityinfrastructure. The City needs services to provide technical training to staff for the operation andmaintenance of its geodatabases, datasets, and shapefiles through ESRI and its suite of applications.A Request for Qualifications (RFQ) was released in December 2021, and four qualified responseswere received. The committee comprised of Information Technology (IT), PW, and CD staff evaluatedeach response. This process included conducting reference checks and comparing each proposal’sscope of work, overall qualifications, and cost estimates. The City determined Vestra had the mostsuitable proposal for the City’s needs.Vestra will provide services to the City on an oncall, asneeded basis. Their services include, but aren’tlimited to: 1. Process ImprovementProvide a kickoff meeting to review and confirm the project scope of work, schedule,budget, establish guidelines, and reach an agreement on protocols for change control,communications, and project closing processes, as needed.Provide evaluation of the City’s daytoday workflow and analyze what departments findhelpful to contribute to improving the GIS data.Gather preliminary information about departments’ primary business objectives, businessprocesses, existing data, and applications.Identify gaps in usage and delivery to develop appropriate governance procedures with thecurrent enterprise geodatabases and layers within the City.Respond to Requests for Information (RFIs) and Contract Change Orders (CCOs).Prepare reports summarizing observations, recommendations, estimated costs ofimplementation, and conclusions.Cooperate, coordinate, and communicate with all internal City departments and divisions,as necessary. Coordinate meetings with City staff, contractors, and other stakeholders aseach project may require.2. TrainingProvide training to staff on using GIS software and applications.Provide handson and conceptual training related to the administration, maintenance, andsupport of the Enterprise GIS data and departments’ sublayers.3. Update GISSet upup a standard folder structure within the City’s environment that will store all scanneddocuments in an organized pattern. Consolidate user datasets and collocate them intostaging file geodatabase for import into the City IT GIS Enterprise.Provide services to scan, file, and import/migrate physical and electronic documents into astandard folder structure.FINANCIAL IMPACTThe total amount requested in the agreement is not to exceed $200,000 with the following fundingsources equally shared:Public Works – Street Maintenance Concrete Team 4 (101602068911)Community Development – Economic Development (101453008911)Public Works Capital Projects – Sewer Mains (25560199891110131)Water Utility – Other Consulting Services (4618911)PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council may choose not to approve the proposed professional services agreement with Vestra.This would impede the City’s ability to update and improve the mapping accuracy of its infrastructureand assets necessary for the ongoing maintenance of its utilities. The City staff may not have access toreliable datasets, geodatabases, and shapefiles in its current GIS.STAFF CONTACTJonathan Luong, Management Analyst I(707) 428[email protected] COORDINATED WITH
City Attorney's Office, Community Development Department, Public Works Department, Information Technology
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Professional Services Agreement with Vestra Resources, Inc.

Attachment 3: Request For Qualifications For GIS Services and Training Responses REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/3/2022 11:24 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-201

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE

PROFESSIONAL SERVICES AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM ASSESSMENT AND STRATEGY WITH VESTRA RESOURCES, INC.

WHEREAS, the City of Fairfield (City) utilizes Geographic Information Systems (GIS) across various departments for infrastructure planning, integrating GIS into various business applications for development and Capital Improvement Projects (CIP), water utility projects, police 911 system, fire maps, and emergency and disaster planning; and

WHEREAS, the City needs services to update the mapping of its current utility infrastructure including storm and sewer assets within its GIS, and provide training for staff to effectively maintain its GIS applications and data; and

WHEREAS, on December 15, 2021, the City issued a Request for Qualifications (RFQ) for GIS Services and Training and received four vendor responses; and

WHEREAS, the RFQ review committee evaluated each proposal and determined that Vestra Resources, Inc. (Vestra) proposal best met the City’s operation, technological, and fiscal requirements; and

WHEREAS, the City’s Public Works Department (PW) and Community Development Department (CD) propose to enter into a professional services agreement with Vestra for GIS Services and Training from the General Fund, Sewer Mains Cap Projects Fund, and Municipal Water Utility Fund.

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

Section 1. The City Council hereby approves the professional services agreement with Vestra for GIS Services and Training in the amount of $200,000.

Section 2. The council hereby authorizes the city manager or their designee to execute the purchase and do all other actions deemed necessary or useful in implementing this resolution.

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RES. NO. 2022-201

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PASSED AND ADOPTED this 16th day of August, 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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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of July 18, 2022 (“Effective Date”), by and between the City of Fairfield, a municipal corporation (the “CITY") and VESTRA RESOURCES, INC. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which incorporates CONSULTANT’s Response to the City’s Request for Qualifications, dated January 28, 2022. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.” 2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to the CONSULTANT for services rendered pursuant to this Agreement.

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

This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 10) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 11) SEVERABILITY. If any provision of this Agreement is found by a court or other administrative body to be invalid, unenforceable or illegal, the remaining provisions shall remain in force. If any invalid, DocuSign Envelope ID: 7903B5FC-383E-4B44-BD8B-0ACBAB5A8437 Packet Page 215 of 1251Attachment 2 Page 1 of 42

unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of the Parties. 12) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: Jonathan Luong
E-mail: [email protected]
Address: 1000 Webster St., Second Floor, Fairfield, CA 94533 Telephone: 707.428.7463
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Kimberly Wilkes
E-mail: [email protected]
Address: 5300 Aviation Dr., Redding, CA 96002
Telephone: 530.223.2585 ext. 125

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:__________________________________
Title: David Gassaway
Position: Interim City Manager

CONSULTANT

By:__________________________________
Title: Kimberly Wilkes
Position: Operations Manager/ CFO

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EXHIBIT “A”

SCOPE OF SERVICE
The scope of services includes, but is not limited to, the following:

1.Provide qualified staff and professional services on an on-call, as-needed basis.

2.Provide a kick-off meeting to review and confirm the project scope of work, schedule, and budget and establish guidelines and reach an agreement on protocols for change control, communications, and project closing processes, as needed.

3.Provide evaluation of the City’s day-to-day workflow and analyze what departments find useful to contribute to improving the GIS data.

4.Gather preliminary information about departments’ primary business objectives, business processes, existing data, and applications along with needs and gaps in these areas.

5.Identify gaps in usage and delivery to develop appropriate governance procedures with the current enterprise geodatabases and layers within the City.

6.Provide training to staff on using GIS software and applications.

7.Set up-up a standard folder structure within the City’s environment that will store all scanned documents in an organized pattern. Consolidate user datasets and collocate them into staging file geodatabase for import into the City IT GIS Enterprise.

8.Provide services to scan, file, and import/migrate physical and electronic documents into a standard folder structure.

9.Provide hands-on and conceptual training related to the administration, maintenance, and support of the Enterprise GIS data and departments’ sublayers.

10.Respond to Requests for Information (RFIs) and Contract Change Orders (CCOs).

11.Prepare reports summarizing observations, recommendations, estimated costs of implementation, and conclusions.

12.Cooperate, coordinate, and communicate with all internal City departments and divisions, as necessary. Coordinate meetings with City staff, contractors, and other stakeholders as each project may require.

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13.Any and all other services as described within Consultant’s Response to Request for Qualifications for GIS Services and Training as prepared for and submitted to the City, dated January 28, 2022, attached hereto within this Exhibit “A”.

The CONSULTANT shall work closely with the CITY's project manager to implement the projects. The CONSULTANT shall provide professional and technical services to achieve the City's goals. All work and related reports shall be prepared under the responsible charge of an appropriately licensed professional recognized to handle such work.

All work shall conform to the latest edition of all applicable federal, state, and local codes and other regulatory requirements.

City usage of the consultants’ services is on an as-needed basis. The City and consultant will agree upon the specific scope of work and costs for each on-call service request through a task order process. The City reserves the right to retain other consulting firms when the City believes there will be economic or other significant advantages to the City. No minimum amount of work is guaranteed under this agreement.

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City of Fairfield, California
GIS Services and Training

Prepared For:

An Incorporated City in Solano County, California
Produced By:

VESTRA Resources, Inc.
5300 Aviation Drive
Redding, CA 96002
(530) 223-2585
www.vestra.com
January 28, 2022
Response to Request for Qualifications
GIS Services and Training
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GIS SERVICES AND TRAINING QUALIFICATIONS
VESTRA RESOURCES, INC. INTRODUCTION
For over 33 years, VESTRA Resources, Inc. (VESTRA) has been an industry leader in Enterprise GIS design, customization and implementation. VESTRA was one of the first Esri authorized business partners in California, and has been a business partner since 1989. As an Esri Certified Gold Partner (one of only 56 in the U.S.) we are proud to hold several specialty designations including ArcGIS Online Specialty (one of only 24 U.S. Gold partners), State and Local Government Specialty (one of only 10 U.S. Gold partners), Federal Small Business Specialty (only of only 8 U.S. Gold Partners), and ArcGIS System Ready Specialty (one of only 36 U.S. Gold partners). We offer products and services to clients of all sizes in federal, state, local government and private organizations, nationally.

VESTRA is an employee-owned, multi-disciplinary corporation doing business in the State of California having a principal office location at 5300 Aviation Drive, Redding, California. VESTRA was incorporated in the State of California in 1988 (Secretary of State Business Entity No.

C1429545), and is governed by a Board of Directors. VESTRA is a California-certified Small/Micro Business Enterprise (Certified Small/Micro Business No. 13183 ).

For this response VESTRA Resources, Inc. (VESTRA), located in Redding, California, has teamed with FEC, Inc. located in Folsom, California. We believe that our team will provide the City with the best resources available to provide GIS Services and Training to the City.

FEC, INC. INTRODUCTION -SUBCONSULTANT
FEC, Inc. (FEC) provides GIS services as well as environmental planning and regulatory permitting services. FEC’s principal office location is 629 Sutter Street, Folsom, California 95630. FEC staff specializes in supporting government organizations, public agencies, and local jurisdictions and municipalities. FEC has managed multi-disciplinary projects throughout Northern California ranging from land development and natural resource management to implementing GIS systems and leading data collection efforts used for asset management. Collectively, FEC’s skillset includes developing web applications and system integration, spatial analysis, GPS data collection and data post-processing, database management as well as general cartography and map production. FEC clients have included such public entities such as the City of Auburn, the City of Roseville, Placer County, El Dorado County and the Nevada Irrigation District.

CORE COMPETENCIES
GIS Training & Support Local Government Information Model (LGIM) Geodatabase Design & Development Mission Critical Enterprise GIS Monitoring GIS Mapping and Reporting Mobile Development & Field Data Collection GIS Data Management & Modeling GIS Solutions Architecture GIS System Architecture Design &
Implementation GIS Analytics
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GIS Strategic Planning & Needs Assessments Custom Web AppBuilder Widgets GIS Application Development Web Application Mashups
ArcGIS Online for Organizations CAD to GIS Data Migration & Conversion Portal for ArcGIS Implementations 3D Visualization & Modeling ArcGIS for Local Government GIS Data Task Automation

TYPES OF TRAINING SERVICES
VESTRA’s team provides training and technical support in several formats including on -site training in a classroom setting, and online knowledge transfer using screen sharing software.

Based on client’s requirements, our training content can be customized with da ta and tools that are specific to client workflows and needs. VESTRA also provides traditional GIS training.

VESTRA can provide GIS training to users of all experience levels (beginner to advanced) in various GIS topics. Training services VESTRA will be able to provide include, but are not limited to:

1. ArcGIS Desktop Training (e.g., ArcMap and ArcGIS Pro)

2. ArcGIS Online Training

3. ArcGIS Enterprise Design, Implementation, Administration and Management

4. Extensions (e.g., ArcGIS Desktop and Enterprise)
We produce detailed guided training materials that users can follow step by step in an interactive classroom setting where users can hear, see and do, to get maximum benefit in a short amount of time.

LOCATIONS AND PERCENTAGES OF WORK
VESTRA Location – 5300 Aviation Drive, Redding, CA 96002 • 45% of the work is estimated to be completed remotely FEC Location – 629 Sutter Street, Folsom, California 95630 • 55% of the project work is estimated to be completed locally Note: The above percentages are estimates and may change once requirements and details of project work to be completed are provided.

STAFFING
VESTRA has a GIS/IT Division and an Environmental/Engineering Division with 29 employees company-wide; 8 are dedicated GIS/IT professionals. Below is the proposed organizational chart for the GIS Services and Training project for the City of Fairfield. VESTRA’s GIS team members are all permanent staff. VESTRA will be teaming with Matt Fremont of FEC as a subconsultant on this project. Full staff resumes are included in Appendix A.

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Matt Fremont, Sr. GIS Specialist
18+ Years Experience, Subconsultant
Clancy Finmand, Sr. GIS Technician
17+ Years Experience, Permanent Staff
Arthur Stackhouse, President / CEO
Sr. Project Manager
44+ Years Experience, Permanent Staff
Ryan-Goodner-Belli, Sr. GIS Analyst
11+ Years Experience, Permanent Staff

WHAT SETS VESTRA APART FROM THE COMPETITION?
• Highly successful modernizations and migrations of Enterprise GIS systems to Esri's WebGIS Model
• GIS Staff with over 44+ years of experience, and 33+ years of GIS training experience • High client retention rate of 90 plus percent due to excellent client responsiveness • Flexible resources with competitive pricing
Our GIS teams’ unique skillsets position us ahead of most other GIS consulting firms in the country. Not only do we have exceptional project managers, GIS analysts and engineers, but we also have award winning software developers who have been working in the GIS industry for over 20 years as well as GIS system architects who have been building comprehensive and scalable GIS infrastructures for over 17 years.

There are many reasons why this is extremely important for your project. One is that we have the expertise readily available. We don't have to look into alternative methods or find resources to solve problems if we run into obstacles – saving you valuable time and money!

REFERENCES
Below are descriptions and references for GIS Services and training projects VESTRA worked on in the last year.

VESTRA AND FEC REFERENCE

1. City of Elk Grove, CA
Nicole Guttridge, IT Administrator
(916) 478-3658 |[email protected]
The City of Elk Grove contracted with VESTRA to provide on-call GIS program services to the City including GIS Data, Mapping, Analysis Support and Services; GIS Coordination Services; GIS System and Application Maintenance and Support; and GIS Training Services. The City maintains a highly active GIS support help desk. City staff use an internal help desk system to request GIS services on a daily basis. These requests range from ad -hoc map requests to DocuSign Envelope ID: 7903B5FC-383E-4B44-BD8B-0ACBAB5A8437 Packet Page 223 of 1251Attachment 2 Page 9 of 42

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specific GIS projects that are executed over several months. GIS support services range in complexity from basic mapping to data management to custom software development and web application programming and Enterprise GIS System Administration and Maintenance.

VESTRA was very successful in providing prompt on-call support services such that the City was able to continue to meet or exceed its performance goals for overall IT/GIS support.

Project: GIS Program Services | Project Duration: 10/2016 – Present Responsible Personnel: Clancy Finmand, GIS Specialist
Matt Fremont, Subconsultant GIS Analyst/Systems Architect

VESTRA REFERENCES

1.Formation Environmental
Clint Kellar, Senior Spatial Solutions Consultant
(530)515-6449 | [email protected]
VESTRA provided training services as a subconsultant to Formation Environmental for a confidential municipal utility client. The project involved developing curriculum and providing two training sessions for up to 20 attendees. The first training session, developed and conducted by Formation Environment, was for remote sensing technology, and focused training on shallow flooding wetness procedures and alternative remote sensing wetness procedures. The second training section, developed and conducted by Mr. Stackhouse of VESTRA, was for specialized training on the use of existing GIS technology tools and automation techniques for summarizing remote sensing data using ArcGIS and other toolsets. These training sessions were focused on empowering client staff to use remote sensing data in workflow and analysis tools.

VESTRA assisted Formation Environmental in the preparation of curricula, training materials, sample training data, and presentations materials for the Session Two Training on GIS Technology and Application, which included the following topics:
•GIS fundamentals using ESRI software (ArcGIS Pro) and data from client •Field data collection and field method workflows to publish and distribute data using ArcGIS Online/Collector/Survey123
•Geoprocessing models/scripts for repetitive tasks and analysis •WebGIS including workflows to publish and distribute GIS data for internal and/or external use (ArcGIS Pro/ArcGIS Online/Portal)
•3D data and modeling using ArcGIS Pro/ArcGIS Online/Portal Project: Training and Knowledge Transfer Support | Contract Duration: 11/2019 - 7/2021 Responsible Personnel: Arthur Stackhouse, Solution Architect

2.Alpine County, CA
Candace Stowell, Deputy Director, Community Development Department (530) 694-1361 | [email protected]
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For the past 11 years, VESTRA has supported Alpine County, California with an Enterprise GIS implementation. VESTRA prepared the Alpine County GIS Master Plan 2011 and since then has been assisting the County with implementing the GIS within planned phases. The phased approach laid the foundation of GIS and data development. VESTRA helped implement a cloud based GIS infrastructure (using ArcGIS Online) and assisted in data maintenance workflows. Later phases helped implement web mapping viewers for the County. VESTRA assisted the County expand their online GIS presence in the County by understanding needs related to additional applications and GIS contribution to daily business processes. Currently, VESTRA is providing training to County staff covering the following topics: ArcGIS for Desktop (ArcMap and ArcCatolog); ArcGIS Online; a review of the Local Government Information Model (LGIM), application templates, loading data into LGIM; and a review of Collector for ArcGIS workflows. In addition, VESTRA is developing a multi-scale fire run book grid for the County. Most recently, VESTRA has been contracted to serve as the interim GIS Coordination. VESTRA is managing the County’s ArcGIS Online platform, and performing parcel/condo updates, NextGen 911 address upgrades, re cent wildfire mapping applications, and redistricting process.

Most recently, VESTRA has been contracted to serve as the interim GIS Coordinat or. VESTRA is managing the County’s ArcGIS Online platform, and performing parcel/condo updates, NextGen 911 address upgrades, recent wildfire mapping applications, and redistricting process.

Project: Various Contracts | Contract Duration: 2011-2019 Project: GIS On-Call Support | Contract Duration: 6/2021 - Present Responsible Personnel: Arthur Stackhouse, Project Manager / Sr. GIS Specialist Ryan Goodner-Belli, GIS Specialist

3.Yolo County, California
Mary Ellen Rosebrough-Gay, GIS Manager,
(530) 406-5004 | [email protected] The County of Yolo, California contracted with VESTRA to take over GIS initiatives surrounding the Covid-19 Pandemic. The project has consisted of taking over daily data entry for new cases that serve the County’s GIS-based dashboards. As a part of the project, VESTRA analysts worked with County staff to optimize data input by creating a semi - automated workflow to pull data into GIS and process according to the metrics that needed to be visualized on the dashboards. This has provided the benefit of reducing effort by County staff and data entry staff, and also provides more timely and accurate results to the public.

Project: GIS Emergency Operations Support Services | Contract Duration: 5/2020 - 6/2021 Project: GIS Emergency Operations Support Services | Contract Duration: 7/2021 – Present Responsible Personal: Clancy Finmand, GIS Analyst
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HOURLY RATES

EMPLOYEE NAME TITLE BASE
HOURLY
RATE

BENEFITS
(%)
DIRECT
COSTS
(%)
Includes
Benefits

INDIRECT
COSTS
(%)
Includes
Benefits

PROFIT &
FULLY
LOADED
TOTAL
Arthur Stackhouse Sr. Project
Manager
$50.14 23% 65% 31% $185.00
Arthur Stackhouse Solution
Architect
$50.14 23% 65% 31% $160.00
Ryan Goodner-Belli Project
Manager

37.00 23% 65% 31% $161.00
Ryan Goodner-Belli Sr. GIS Analyst $37.00 23% 65% 31% $114.00 Clancy Finmand Sr. GIS
Technician $21.00 23% 65% 31% $79.00
Kaitlyn Taylor Administrative
Assistant
$24.50 23% 65% 31% $67.00
Connie Ebinger Administrative
Assistant
$21.00 23% 65% 31% $67.00

COST OF DIRECT EXPENSES BY TYPE

DIRECT EXPENSE TYPE COST
Travel – Mileage $0.585 /mile or current IRS Rate
Travel – Lodging $96.00/night + taxes or Current GSA Per Diem Rate Travel – Meals and Incidentals $44.25 - $59.00 or Current GSA Per Diem Rate Subconsultant $94 - $147.00 / hour

NON -DISCLOSURE AGREEMENT
VESTRA has reviewed the Non-Disclosure Agreement provided as Appendix A to the RFP.

VESTRA has no proposed changes to the Non-Disclosure Agreement and is ready to sign the agreement as written upon award of the contract.

SERVICES AGREEMENT
VESTRA has reviewed the Consultant Services Agreement provided as Appendix B to the RFP.

VESTRA has no exceptions to propose and is ready to sign the agreement as written upon award of the contract.

VESTRA has reviewed the insurance requirements and will provide a Certificate of Insurance to the City upon aware of the contract.

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METHODOLOG Y FOR SERVICES

PROJECT UNDERSTANDING AND OBJECTIVES
The City of Fairfield, California (City) has a GIS that is well maintained and actively used. The City Community Development Department recognizes that it is now time to update its GIS Database to reflect the latest needs and goals of Development and Gener al Planning for the City using the latest data trends and advancements. The outcome of this department recognition should be a full GIS Database with Governance Documentation and Training for the appropriation of the City’s Community Development.

This GIS Data Service project is scheduled to work in conjunction with the City Master Plan (Location Strategy) effort. The VESTRA Team (VESTRA and FEC) all take pride in performing meticulous and high-quality work. Our solutions and planning processes are carefully tailored for the client’s specific needs, including all system integrations to keep the City GIS fluid between departments, in accordance with the collaborative City GIS Vision and Mission. We have found success and built a solid reputation based on thi s approach. It is hoped that the following knowledge, skills, and abilities will reflect the wants and needs of the City’s Community Development Department (CDD or Department).

SCOPE BASED KNOWLEDGE, SKILLS, AND ABILITIES
The following is the technical work experience and methodical approach that will be used toward meeting the City CDD goals and objectives. The manufacture of an advanced GIS Database for CDD purposes will be phased by process and technical milestones will each be presented as a reference appendix by letter following the core of the Location Strategy TASK 1: KICKOFF MEETING
A core effort in this process is to get to know the constituents. VESTRA’s team will begin the project with an up to two (2) hour kickoff meeting, with the City’s CDD project team. This meeting will be conducted as a conference call using GoToMeeting, Skype, or similar screen sharing software and is designed to review and confirm the project scope of work, schedule, and budget; and establish guidelines and reach an agreement on protocols for change control, communications, and project closing processes, as needed.

VESTRA will submit summarized meeting notes including any minor changes to scope, schedule or budget (if applicable), agreed upon protocols for change control, communications, and project closing processes (as needed) for review and formal acceptance by the City.

TASK 2 : DATA MIGRATION AND UPDATE

ORGANIZATIONAL DATA ASSESSM ENT
In this task, VESTRA’s team will gather information about the City CDD by evaluating day to day work flows and analyzing what the Department finds useful and how some contributions may improve the GIS data. This process will help gather preliminary inf ormation about the Department’s primary business objectives, business processes, workflows, existing data, and DocuSign Envelope ID: 7903B5FC-383E-4B44-BD8B-0ACBAB5A8437 Packet Page 227 of 1251Attachment 2 Page 13 of 42

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applications used, along with needs and gaps in these areas. VESTRA’s team, will analyze information gathered during the research phase and prepare itself for the interview phase of the needs assessment.

The interview phase of this task may be conducted over two (2) days consecutive days on-site or in a virtual environment, if necessary. There may be another vendor selected for the GIS Master Plan, in that case it is assumed that follow up materials will be available, including verified reports of the specific department analysis. During this time VESTRA will have more specific and in-depth discussions with the primary individuals involved in the City CDD workflows. VESTRA will seek to build on the information already gathered and discover more about the existing situation, gaps, and future needs related to GIS. The discussions will be interactive where VESTRA will not only ask questions but seek to (as t ime allows) elicit feedback and ideas and contribute by relating examples from experience, industry trends and practices.

During the evaluation of the Department, VESTRA’s team will identify core datasets, nature of the data, how data is used, and applications, workflows, business processes and business objectives supported by the data. In addition, VESTRA ’s team will review the current enterprise geodatabase and layers within the City, and data maintenance to make a comparison to identify the gaps is usage or delivery so appropriate governance procedures may be developed and followed. Key business objectives and associated business processes being performed will be identified along with data workflows or applications that should be integrated or converted to a GIS base so that business processes are more efficient and effective, and business objectives are met.

During the Department evaluation, VESTRA’s team will identify opportunities where existing GIS staff can enhance support for data maintenance for business processes. In addition, VESTRA’s team will identify opportunities for training departmental staff with using GIS software and applications, as applicable, and allocate resources to promote efficient maintenance, accessibility, usage, and sponsorship of the GIS. The most important piece of this review is where each staff is getting data. Questions regarding communication with other departments and external sources will be evaluated to ensure a centralized data governance within the organization. Such an effort has been successfully conducted with the City of Elk Grove combining the services of VESTRA and FEC to accomplish the goals of the City.

COLLOCAT ION AND CENTRALIZATION OF USER DATA AND DOCUMENTATION With a direct point of contact, VESTRA’s team will setup a standard folder structure within the City’s environment (e.g. File Server) that will store all scanned CDD documents in an organized pattern. Documents will be stored in folders named after the plan types (e.g. building, grading, special use, etc.). Within each plan type folder, documents will be arranged by Drawing Number. User datasets will also be consolidated and collocated into a staging fil e geodatabase for import into the City IT GIS Enterprise. The City CDD has multiple core datasets related to the base for the City IT GIS Enterprise – Parcels. These features are always maintained by a City for interdepartmental visualization and county assessment purposes.

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assigned to that parcel. VESTRA’s team will conduct a full quality assurance of the current resources to maintain the associations between the Parcels and CDD asset and planning layers along with a gap analysis of the data transfer between the City and the County. This portion of the project is expected to be a large undertaking and will benefit from the VESTRA and FEC’s alliance experience from the City of Elk Grove but will also feature the explicit environmental planning and land development knowledge of Mr. Matt Fremont and Mr. Ryan Goodner -Belli and their associated abilities to provide priorities to this type of work.

LAYER DEVELOPMENT
During a combined meeting with the City IT and CDD, VESTRA’s team will also discuss the best path forward to house, develop, edit, and publish CDD GIS data. The VESTRA Team excels at data assessments. We provide a fully loaded data report that includes a data dictionary, verified metadata, ownership, currency, and limitations. The City has requested additional data governance within this report including update and maintenance r esponsibilities, and the levels of projected cost and effort to upgrade each layer to modern ArcGIS Pro or ArcGIS Online. The same product for the City IT GIS Enterprise will be delivered to the CDD as a data governance, with structure, schema, metadata, and associated best practices.

This portion of the project is expected to be an extreme undertaking and will benefit from the VESTRA and FEC alliance experience from the City of Elk Grove but will also feature the knowledge of Mr. Matt Fremont and Mr. Ryan Goodner-Belli and their associated abilities to provide priorities to this type of work. The example layers may include but are not limited to:

Character and Historic Preservation, Affordable Housing, Parcels, Land Use Designations, Zoning Districts, Special Districts, Residential Associations, Planned Use Developments, Subdivisions, Capital Improvements, Mass Transit, Interface Broadband Status, and American Disability Act Compliance. The nature of this data, how data is used, and applications, workflows, business processes and business objectives this data should support will be documented. In addition, VESTRA’s team will concurrently review the enterprise geodatabase and layers within the City, and data maintenance to make a comparison to identify the ga ps between IT and CDD to formulate the appropriate governance procedures to be developed and followed. It is assumed that if another vendor is selected that a report will have been furnished to the Department for review on this task.

The collocated file geodatabase will be transferred into the City GIS Enterprise with the appropriate user group and editing permissions for General Plan Update purposes. Each Layer will have an associated proposal layer to further institute a fluid General Plan process. To assist in this process VESTRA will provide capable GIS Technician level staff for on call editing and map production to make sure each layer is adequately represented in the GIS Enterprise.

TASK 3 : TEAM TECHNICAL ANALYSIS AND TRAINING

ORGAN IZATIONAL SKILLS ASSESSMENT
During a specified on-site or virtual day with the City CDD Staff, VESTRA’s team will conduct the evaluation of the CDD Staff and utilize the resulting information to develop a department data curriculum that easily transfers knowledge, skills, and abilities to sustain the City CDD GIS Data DocuSign Envelope ID: 7903B5FC-383E-4B44-BD8B-0ACBAB5A8437 Packet Page 229 of 1251Attachment 2 Page 15 of 42

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for years to come. A gap analysis between ESRI standard training materials and the City staff training should be flexible as CDD documentation may incorporate tactical approaches and integrations above and beyond the commercial-off-the-shelf ESRI Suite. The knowledge basics for interview processes should be incorporated into the curriculum to allow the staff to find people with the appropriate knowledge and innovative thinking that contributes to a productive GIS institution. The base of the Curriculum will incorporate performance improvements, education about specific department integrations, and key communication points for emergency situations and disaster recovery planning. The resulting curriculum will be instituted into a GIS training directly available to CDD then available on the City IT Internal Portal. This training portal will also link to available training materials and courses available with an existing Enterprise Agreement. The goal of this portal and the current training to be provided by VESTRA is to provide key technical knowledge to maintain a GIS institution in the City for the overall support of a sustainable GIS Enterprise.

ORGANIZATIONAL SKILLS TRAINING
The City CDD will have up to four (4) days of hands on and conceptual training from VESTRA’s team, and we will also discuss the current governance structure for GIS. This may include, but is not limited to, the administration, maintenance and support of the Enterprise GIS data and CDD sublayers. This includes guidelines for data stewardship, data maintenance and data release procedures, quality assurance protocols, data publishing strategies, internal support procedures, security, and communications. A key part of this training is to facilitate background knowledge from ESRI Free Structured Online Courses because the knowledge, skills, and abilities of Mr. Fremont and Mr. Goodner-Belli are advanced in concept and will require such material to bring CDD Staff up to ideal GIS maintenance abilities, while developing a training process that is not overwhelming to users.

Separate evaluations will be performed for IT and CDD. The training sessions are anticipated to include (but not limited to): primary business objectives, current use of GIS, and how GIS can enhance and add value to their business processes. In addition, VESTRA’s team will use identified opportunities for training to shape the departmental staff training using GIS software and applications, as applicable, and allocate resources to promote efficient maintenance, accessibility, usage, and sponsorship of the CDD GIS priorities. The result of this study will be an integral training, support, and staffing structure that will encompass a data workflow that benefits the entire organization.

PROJECTED DELIVERABLES AND PROJECT ESTIMATES
The anticipated project deliverables are listed below.

Task 1 Kick Off Meeting Deliverables

1. Project kickoff meeting with formal introductions

2. Finalization of In-person/virtual Interview Strategy

3. High level summary of meeting notes, updated scope of work, schedule and budget (if applicable), agreed upon protocols for change control, communications, and project closing processes, as needed for proactive project flow and prevention of delays.

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Task 2 Data Migration and Update Deliverables

1.Organizational Data Assessment
a.Department Survey and Evaluation
b.Department Data Use Matrix
c.Gap Analysis

2.Document Import and Centralization
a.Core GIS Layer Collection (File geodatabase)
b.Collocation and Document Scanning (File Server)

3.Layer Development
a.Layer Structure and Editing Governance
b.Metadata, Schema, and Limitation Curriculum
c.Data Use Matrix
d.On-Call Editing and Mapping Services
Task 3: Team Technical Analysis and Training Deliverables

1.Organizational Skills Assessment

2.Organizational Skills Training
a.Provide Training for Current Staff using ArcGIS Pro and Data Management Best Practices
Task 4: Final Presentation Deliverable (OPTIONAL)

1.Final Presentation
a.Strategic Implementation Recommendations
b.Planning Reflections & Actions to Move Forward

2.Executive Summary

WORK BREAKDOWN STRUCTURE
The following is a work breakdown structure for the tasks and resources anticipated for this project. Work to be contracted out to subcontractors is detailed in the table below as well.

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SOFTWARE FORMAT FOR ELECTRONIC DATA DELIVERY
All Documentation will be delivered in PDF Format. A copy of the Location Strategy Final Draft will be submitted in MS Office Word for Project Roadmap Maintenance and Republishing for Transparency to the City Constituents. Technological deliveries include installed executables and associated ArcGIS products and licenses. Any applicable data shall be transcribed to the Enterprise Database or delivered by projected File Geodatabase for department utilization.

Description Staff Classification
1 Kickoff Meeting
Project Manager
Sr. GIS Specialist (Subconsultant)
Sr. GIS Analyst
Sr. GIS Technician
Admin
2 Data Migration and Update

2.1 Organizational Data Assessment
Assessment of Data / Documentation Filing Project Manager On Call Work Rate Sr. GIS Specialist (Subconsultant)
Sr. GIS Analyst

2.2 Document Import and Centralization
Collocation of User Documentation Project Manager
Document Scanning and Filing GIS Analyst (Subconsultant) Sr. GIS Technician

2.3 Layer Development
Layer Structure and Editing Development Project Manager Metadata/Field Editing Sr. GIS Specialist (Subconsultant) On-Call Editing and Mapping Sr. GIS Technician
Admin
Direct Costs (Travel)
3 Team Technical Analysis and Training

3.1 Organizational Skills Assessment Project Manager
Skill Assessment Interviews Sr. GIS Specialist (Subconsultant)

3.1 Organizational Skills Training Project Manager
ESRI Skills Training Sr. GIS Specialist (Subconsultant) Admin
Direct Costs (Travel)
4 Final Presentation (OPTIONAL)
Project Manager
Presentation and Materials Sr. GIS Specialist (Subconsultant) Admin
Direct Costs (Travel)
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APPENDIX A
APPENDIX A – FULL STAFF RESUMES
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Experience Highlights
Over 30 years of experience
providing GIS training to clients
Advanced understanding of Esri
products, tools, applications, and
services.

Long-term experience with
management of complex project and
client relationships.

Track record of practical, innovative
solutions to environmental and GIS
problems
Education
Post Graduate Study
Economics and Management
University of Southern California
M.S.

Wildland Resource Sciences
University of California, Berkeley
B.S.

School of Forestry and Conservation
University of California, Berkeley
Arthur Stackhouse
President / CEO
Sr. Project Manager and Solution Architect
Arthur Stackhouse is the President of VESTRA Resources, Inc., and has over 44 years of experience in GIS database development, implementation of GIS concepts and best practices, computer- hardware configuration, and the design, development, and implementation of enterprise geographic information systems.

Early in Mr. Stackhouse’s career he worked as a forester for a major timber company in California, developing silvicultural prescriptions and supervising road construction, logging, and reforestation efforts. His interest in forest planning and mapping led to an opportunity to develop a GIS for the timber company’s holdings during the mid- 1980’s, and later led to his becoming responsible for Information Technology throughout the company. In 1988, Mr. Stackhouse and a small group of fellow employees started VESTRA Resources; one of the first GIS services firms in the United States.

At VESTRA, Mr. Stackhouse has acted in a variety of project roles, from Project Manager to Lead Analyst, and even Python Programmer. Mr.

Stackhouse has participated as a senior member of VESTRA’s enterprise GIS team on a wide array of projects including GIS implementations in Calaveras, Napa, Mendocino, Lake, Lassen, and Contra Costa Counties. He has also been actively involved with GIS implementations at the San Francisco Public Utility Commission, Sonoma County Water Agency, and the California Office of Statewide Health Planning and Development. Because of his experience, Mr.

Stackhouse provides senior level oversight and quality
assurance/quality control on many of VESTRA’s more complex projects. As the President of VESTRA, Mr. Stackhouse has overall responsibility for all projects undertaken by VESTRA, and coordinates the personnel, hardware, and software needed to complete each project.

In addition to his duties as President, Arthur has done an extensive amount of certified and custom training. For 20 years, Arthur was a successful certified Esri trainer before the partner training program was phased out by Esri in 2008. Arthur continues to provide custom GIS training to private clients and clients of all levels of government.

Representative Project Experience
Confidential Client, Formation Environmental
Arthur Stackhouse served as a Solution Architect providing subconsultant services to Formation Environmental to provide GIS training services to their confidential municipal utility client. The project involved developing curriculum and providing two training sessions for up to 20 attendees. The first training session, developed DocuSign Envelope ID: 7903B5FC-383E-4B44-BD8B-0ACBAB5A8437 Packet Page 234 of 1251Attachment 2 Page 20 of 42

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and conducted by Formation Environment, was for remote sensing technology, and focused training on shallow flooding wetness procedures and alternative remote sensing wetness procedures. The second training section, developed and conducted by Mr. Stackhouse of VESTRA, was for specialized training on the use of existing GIS technology tools and automation techniques for summarizing remote sensing data using ArcGIS and other toolsets. These training sessions were focused on empowering client staff to use remote sensing data in workflow and analysis tools.

VESTRA assisted Formation Environmental in the preparation of curricula, training materials, sample training data, and presentations materials for the Session Two Training on GIS Technology and Application, which included the following topics:
• GIS fundamentals using ESRI software (ArcGIS Pro) and data from client • Field data collection and field method workflows to publish and distribute data using ArcGIS Online/Collector/Survey123
• Geoprocessing models/scripts for repetitive tasks and analysis • WebGIS including workflows to publish and distribute GIS data for internal and/or external use (ArcGIS Pro/ArcGIS Online/Portal)
• ArcGIS JavaScript API used in LADWP's Web application development • 3D data and modeling using ArcGIS Pro/ArcGIS Online/Portal

GIS Strategic Plan, City of Sunnyvale, CA
Mr. Stackhouse was the Enterprise Architect for the City of Sunnyvale's GIS Strategic Plan project. The City has many departments that use and depend upon GIS for operations. The City also has a healthy GIS portal, but the City wanted to provide more end-user functionality and additional information to the public. The City contracted with VESTRA to complete a needs assessment and develop a GIS Strategic Plan.

VESTRA reviewed the current state, provided guidance on best practices, discussed future state options, and developed a strategic report covering all aspects of the City's current and future growth with regards to GIS.

Mr. Stackhouse assisted with the needs assessment and provided system integration oversight and design, participated in systems requirements gathering and enterprise architecture design, and translated business needs into solution architecture requirements. In addition, Arthur provided QA/QC for the needs assessment report and GIS Strategic Plan.

Enterprise GIS Strategic Plan, City of Cupertino, CA
Mr. Stackhouse was the Enterprise Architect for the development of an Enterprise GIS Strategic Plan for the City of Cupertino. With a good foundation in place, the City was looking to cast a vision and develop a strategy for how GIS could better serve the City by improving how it is used, implemented, leveraged and integrated as a technology and be highly visible within the organization over the next five years. VESTRA helped the City with a detailed roadmap and a phased implementation plan to meet City goals such as enhancing GIS service delivery with improved efficiency and effectiveness, expanding GIS accessibility and use, achieving a greater level of integration of the GIS with the City’s business systems, provide better support to City business processes, increase organizational awareness, visibility and department sponsorship for GIS, and implementing best in class GIS technology.

Mr. Stackhouse participated in the system requirements gathering and translated business needs into solution requirements. He provided expert guidance for the roadmap creation and helped align strategies to goals and visions. He also conducted QA/QC of the needs assessment report and GIS Strategic Plan for accuracy and completeness.

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GIS Strategic Plan and Implementation Services, City of Belmont, CA Mr. Stackhouse was the Enterprise Architect for the development of a three year Enterprise Geographic Information Systems (GIS) Strategic Plan for the City of Belmont. The City of Belmont had never developed a strategic plan for GIS; therefore, with GIS integrations and needs increasing, and with a focus on being progressive and providing better service to the employees and public, there was a desire to expand the use and availability of GIS throughout the organization. Mr. Stackhouse participated in the department interviews for the Enterprise GIS Assessment and provided guidance for system and architecture design for the GIS Strategic Plan.

Water Turn Off/On Field Application, City of Santa Maria, CA Mr. Stackhouse served as the Project Manager for the City of San Maria’s Water Turn Off/On Field Application. The City’s Department of Utilities Water Resources Operation and Maintenance Section was interested in improving their field crew’s efficiency by making information on disabling/enabling customer’s water service connections available online. Information on the status of the City’s water service connections were being maintained in a legacy system by the City’s Department of Administrative Services. The City had the capability of querying this system every thirty minutes, extracting address information for needed turn offs/ons, and sending this information to a Microsoft SQL table. Per the City's requirements, VESTRA developed an application that geocodes the addresses within this Microsoft SQL table and presents the results in an ArcGIS Online feature service making it available online and via mobile devices. This has enabled field crews the ability to access and edit the information from their smart phones utilizing Esri’s Collector for ArcGIS application. Mr. Stackhouse oversaw the entire project and provided guidance and QA/QC for the application development process to ensure that the application aligned with the City’s goals and visions.

Enterprise GIS Master Plan, City of Mountain View, CA
Mr. Stackhouse worked with the City of Mountain View to provide a needs assessment to determine the C ity of Mountain View’s current use of geospatial information and GIS technology, and to develop an effective guide for the City’s ongoing implementation of their GIS. This assessment included detailed recommendations with regard to development of a City-wide GIS management structure, transition to an Enterprise GIS architecture, development of a GIS Strategic (or Master) Plan, development and implementation of GIS Database Enhancement/Maintenance Plans, and overall recognition of City-wide staffing needs.

Cannabis Identification and Prioritization System, State Water Resources Control Board Mr. Stackhouse serves as the Project Manager on the Cannabis Identification and Prioritization System project for the State Water Resources Control Board (SWRCB). The Cannabis Identification and Prioritization System (CIPS), acts as both a repository of geospatial information on grow locations and a tool for helping the agencies prioritize their regulatory efforts based on the potential impact individual grows are having on water resources, fish, and wildlife. VESTRA, working with Formation Environmental, was engaged in the development of CIPS.

Formation Environmental captured grow locations and developed raster datasets of percent slope, length of slope, evapotranspiration and proximity to surface water. These raster datasets were used along with information on the proximity of threatened fish and wildlife to model the level of threat associated with each grow, allowing the agencies to establish priorities for action.

VESTRA was responsible for the design and development of the system. This project required the system to leverage the SWRCB’s existing Esri Enterprise system. The development effort included a JavaScript web interface to be used by agency staff tasked with regulating Cannabis cultivation. The web interface and geoprocessing services are used to model the environmental threat based on the factors a user chooses to consider in their analysis, and the weight they associate with each factor.

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The web interface includes a quick at-a-glance dashboard, map viewer, editor, and modeler. The Python geoprocessing scripts are used in CIPS to provide the analytical modeling framework for the application.

Some of the python geoprocessing scripts run nightly as a scheduled task and some are run directly by the web application. There are numerous scripts that make up the modeling framework; however, at the core the scripts in CIPS are used to estimate the environmental threat of individual grows, develop weighted averages of an environmental threat, generate heat maps, and generate summary statistics.

In addition to managing the project, Arthur developed the geodatabase design underlying the CIPS application and wrote the geoprocessing scripts that establish the potential threat of the grows to the environment.

Imperial Irrigation District – Salton Sea Air Quality Mitigation Program Support, Formation Environmental Mr. Stackhouse serves as the Solution Architect for the Salton Sea Air Quality Mitigation (SS AQM) Program Support project. The SS AQM Program was developed by the Imperial Irrigation District to provide a comprehensive, science-based, and adaptive approach to address air quality mitigation requirements associated with the transfer of conserved water under the Quantification Settlement Agreement. The transfer reduces the volume of agricultural return flow to the Salton Sea, thereby exposing the playa and increasing the potential for dust emissions that could affect nearby communities.

VESTRA worked with Formation Environmental to develop a Data Portal in the Amazon Cloud (AWS) that provides a centralized repository where the authoritative data developed in the project is stored. Mr.

Stackhouse developed the geodatabase design for the repository and worked with the developers to establish a map service framework that makes it possible to have data that is added to the repository be immediately available in Data Portal web application without requiring additional code. Mr. Stackhouse also developed the 3D cache database design used in the 3D viewer and participated in database design for the PI-SWERL applications.

By having all of the data available within a set of interactive web applications, the Imperial Irrigation District is able to visualize the effects of the playa over time and how this is affecting the air quality surrounding the Salton Sea. The web applications provide the ability for users to see the affects over time utilizing a time slider and create scientific predictions for what could happen in the future.

CAL FIRE Management Activity Project Planning Event Reporter (CalMAPPER) Web Map Application California Department of Forestry and Fire Protection (CAL FIRE) Mr. Stackhouse is the Project Manager for the CalMAPPER Application projects. The CalMAPPER and Re- Architecture projects involved adding functionality to CalMAPPER, an existing Web Map Application hosted by CAL FIRE. An ongoing effort has been underway within CAL FIRE to bring the department’s records from multiple resource management and fire prevention programs into a common database framework. The database framework has a spatial (GIS) component that facilitates mapping and monitoring of past project, assists in planning future program activities, and is readily available to emergency responders and resource management staff.

CAL FIRE Statewide CAD/AVL Roads Database, Northrop Grumman Mr. Stackhouse serves as the Project Manager for the CAL FIRE Statewide CAD / AVL Roads Database project for Northrop Grumman. VESTRA has extensive experience working with CAL FIRE data converting county roads feature classes to roads feature classes, the new roads features classes conform to the Altaris CAD’s requirements. For this project, VESTRA has developed an extensive library of over 100 Python scripts to programmatically address the common data errors in dispatch systems and the formatting needs necessary for incorporation into CAL FIRE’s CAD / AVL Roads Database. In addition to managing the project, Mr.

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Fairfield City CouncilAugust 16, 2022

Fairfield City Council
August 16, 2022