WHEREAS, this council may undertake future proceedings to levy annual assessments in FY 2023- 2024, and all future fiscal years.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council approves the modification to the Engineer’s Report, and approves the Engineer’s Report, as modified, and declares that the diagram and assessment ($0.00) in the Engineer's Report, as modified, are confirmed.
Section 2. The FY 2022-2023 levy and collection of assessments for the District are hereby deferred, meaning that the FY 2022-2023 assessments have been reduced to $0.00.
Section 3. The District assessments are existing, ongoing annual assessments that are not subject to Proposition 218 so long as the annual assessments do not exceed the annual assessment range maximum that was established in July 1996, prior to the adoption of Proposition 218.
Section 4. Future annual assessments will not exceed the District’s assessment range maximum of $395 per parcel, which was established in 1996, unless th e council undertakes proceedings in accordance with Proposition 218.
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 213 of 490Attachment 1 Page 2 of 2
CITY OF FAIRFIELD
SMITH RANCH ASSESSMENT DISTRICT
ENGINEER’S REPORT
FISCAL YEAR 2022-2023
CONTENTS
1.Assessment
2.Method of Apportionment
3.Certifications
4.District Budget
5.Assessments for Each Parcel
Packet Page 214 of 490Attachment 2 Page 1 of 36
1 ASSESSMENT
WHEREAS, on October 7, 1986, the City Council of the City of Fairfield, California, pursuant to the provisions of the Municipal Improvement Act of 1913, adopted Resolution No. 86-291, A Resolution of Intention to Make Acquisitions and Improvements; WHEREAS, said resolution provided for the levy and collection of maintenance assessments under Section 10100.8 of said Act and reference is hereby made to the Engineer’s Report on file in the office of the Superintendent of Streets in the City of Fairfield for further particulars.
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the council of said city, hereby defers assessment for the fiscal year 2022-2023.
The estimated cost of the maintenance of said improvements and the costs and expenses incidental thereto shall be paid from the unrestricted fund balance of said district.
The amount to be paid for the maintenance of said improvements, and the expenses incidental thereto, are as shown in section 4 of this report.
I do hereby defer assessment for all assessable lots or parcels of land within said assessment district.
Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Solano for the fiscal year (FY) 2022-2023 and includes all such parcels excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the county recorder of said County.
Dated: November 15, 2022 ____________________________
Ryan Panganiban
City Engineer/Asst. Director of Public Works
R.C.E. No. 74795
Expires 12/31/23
Packet Page 215 of 490Attachment 2 Page 2 of 36
2 METHOD OF APPORTIONMENT OF ASSESSMENT
There are no assessments to be apportioned to any of the assessable 1,200 lots within the Rancho Solano Subdivision.
Packet Page 216 of 490Attachment 2 Page 3 of 36
3 CTY OF FAIRFIELD
SMITH RANCH ASSESSMENT DISTRICT
ENGINEER’S REPORT CERTIFICATIONS
FISCAL YEAR 2022-2023
The undersigned respectfully submits the enclosed report as directed by City Council.
Dated: November 15, 2022
Ryan Panganiban
City Engineer/Asst.Director of Public Works
R.C.E. No. 74795
Expires 12/31/23
I, the city clerk of the City of Fairfield, California, hereby certify that the Engineer’s Report, together with assessment roll thereto attached, was approved and confirmed by the council of the City of Fairfield, California, and filed with me on November 15, 2022.
City Clerk
City of Fairfield
Packet Page 217 of 490Attachment 2 Page 4 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 BUDGET
FUND DIVISION PROJECT TYPE OBJECT FY20-21 ACTUAL FY21-22 PROJECTED FY22-23 PROJECTED 082 99 000 Revenue 6106 - SPECIAL ASSESSMENTS 389,925$ 389,925$ -$ 082 99 000 Revenue 6401 - INT INC ON POOLED INVESTMENTS 132,735$ 90,000$ 90,000$ TOTAL REVENUE 522,660$ 479,925$ 90,000$
082 68 001 Expense 9502 - PJCT CST-ENGNRNG-STUDY/DESIGN (13,588)$ (50,000)$ -$ 082 99 000 Expense 8441 - OTHER CONTRACTUAL SERVICES -$ (3,000)$ -$ 082 99 000 Expense 8836 - COST ALLOCATION (2,743)$ -$ -$ 082 99 000 Expense 9003 - ADVERTISING -$ (700)$ (700)$
082 99 000 Expense 9038 - COUNTY ADMIN EXPENSES (3,899)$ (3,899)$ (3,899)$ 082 99 000 Expense 9508 - PJCT CST-OTHER PROJECT COSTS -$ -$ (160,000)$ TOTAL EXPENSES (20,230)$ (57,599)$ (164,599)$
REVENUE 522,660$ 479,925$ 90,000$
EXPENSES (20,230)$ (57,599)$ (164,599)$
NET SURPLUS/DEFICIT 502,429$ 422,326$ (74,599)$
BEGINNING FUND BALANCE 8,866,339$ 9,254,307$ 9,576,633$ MKT VAL-UNREALIZED GAIN/LOSS (114,461)$ (100,000)$ (100,000)$ NET SURPLUS/DEFICIT 502,429$ 422,326$ (74,599)$
ENDING FUND BALANCE 9,254,307$ 9,576,633$ 9,402,034$
Packet Page 218 of 490Attachment 2 Page 5 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1 151 301 1 -$
2 151 301 2 -$
3 151 301 3 -$
4 151 301 4 -$
5 151 301 5 -$
6 151 301 6 -$
7 151 301 7 -$
8 151 301 8 -$
9 151 301 9 -$
10 151 301 10 -$
11 151 301 11 -$
12 151 301 13 -$
13 151 301 14 -$
14 151 301 15 -$
15 151 301 16 -$
16 151 301 17 -$
17 151 301 18 -$
18 151 301 19 -$
19 151 301 20 -$
20 151 301 21 -$
21 151 301 22 -$
22 151 301 23 -$
23 151 302 2 -$
24 151 302 3 -$
25 151 302 4 -$
26 151 302 5 -$
27 151 302 6 -$
28 151 302 7 -$
29 151 302 8 -$
30 151 302 9 -$
31 151 302 10 -$
32 151 302 11 -$
33 151 302 12 -$
34 151 302 13 -$
35 151 302 14 -$
36 151 302 15 -$
37 151 302 16 -$
38 151 302 17 -$
39 151 302 18 -$
40 151 302 19 -$
41 151 302 20 -$
42 151 303 1 -$
43 151 303 2 -$
44 151 303 3 -$
Packet Page 219 of 490Attachment 2 Page 6 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
45 151 303 4 -$
46 151 303 5 -$
47 151 303 6 -$
48 151 303 7 -$
49 151 312 1 -$
50 151 312 2 -$
51 151 313 1 -$
52 151 313 2 -$
53 151 313 3 -$
54 151 313 4 -$
55 151 313 5 -$
56 151 314 2 -$
57 151 314 3 -$
58 151 314 4 -$
59 151 314 5 -$
60 151 314 6 -$
61 151 314 7 -$
62 151 314 8 -$
63 151 314 9 -$
64 151 314 10 -$
65 151 314 11 -$
66 151 314 12 -$
67 151 314 13 -$
68 151 314 14 -$
69 151 314 15 -$
70 151 314 16 -$
71 151 314 18 -$
72 151 314 19 -$
73 151 314 20 -$
74 151 314 21 -$
75 151 314 22 -$
76 151 314 23 -$
77 151 314 24 -$
78 151 314 25 -$
79 151 314 26 -$
80 151 314 27 -$
81 151 314 28 -$
82 151 314 29 -$
83 151 314 30 -$
84 151 314 32 -$
85 151 314 33 -$
86 151 314 34 -$
87 151 314 35 -$
88 151 314 36 -$
Packet Page 220 of 490Attachment 2 Page 7 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
89 151 314 37 -$
90 151 314 38 -$
91 151 314 39 -$
92 151 314 40 -$
93 151 314 41 -$
94 151 314 42 -$
95 151 314 43 -$
96 151 314 44 -$
97 151 314 45 -$
98 151 314 46 -$
99 151 314 47 -$
100 151 314 48 -$
101 151 314 49 -$
102 151 314 50 -$
103 151 314 51 -$
104 151 314 52 -$
105 151 314 53 -$
106 151 314 54 -$
107 151 314 55 -$
108 151 321 2 -$
109 151 321 3 -$
110 151 321 4 -$
111 151 322 1 -$
112 151 322 2 -$
113 151 322 3 -$
114 151 322 4 -$
115 151 322 5 -$
116 151 322 6 -$
117 151 322 7 -$
118 151 322 8 -$
119 151 323 2 -$
120 151 323 3 -$
121 151 323 4 -$
122 151 323 5 -$
123 151 323 6 -$
124 151 323 7 -$
125 151 323 8 -$
126 151 323 9 -$
127 151 323 10 -$
128 151 324 1 -$
129 151 324 2 -$
130 151 324 3 -$
131 151 324 4 -$
132 151 324 5 -$
Packet Page 221 of 490Attachment 2 Page 8 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
133 151 324 6 -$
134 151 324 7 -$
135 151 324 8 -$
136 151 324 9 -$
137 151 324 10 -$
138 151 325 1 -$
139 151 325 2 -$
140 151 325 3 -$
141 151 325 4 -$
142 151 325 5 -$
143 151 325 6 -$
144 151 325 7 -$
145 151 325 8 -$
146 151 325 9 -$
147 151 331 2 -$
148 151 331 3 -$
149 151 331 4 -$
150 151 331 5 -$
151 151 331 6 -$
152 151 331 7 -$
153 151 331 8 -$
154 151 331 9 -$
155 151 331 10 -$
156 151 332 2 -$
157 151 332 3 -$
158 151 332 4 -$
159 151 332 5 -$
160 151 332 6 -$
161 151 332 7 -$
162 151 332 8 -$
163 151 332 9 -$
164 151 332 10 -$
165 151 332 11 -$
166 151 332 12 -$
167 151 332 13 -$
168 151 332 14 -$
169 151 332 15 -$
170 151 332 16 -$
171 151 332 17 -$
172 151 332 18 -$
173 151 332 19 -$
174 151 332 20 -$
175 151 332 21 -$
176 151 332 22 -$
Packet Page 222 of 490Attachment 2 Page 9 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
177 151 332 23 -$
178 151 332 24 -$
179 151 332 25 -$
180 151 332 26 -$
181 151 332 27 -$
182 151 332 28 -$
183 151 333 1 -$
184 151 333 2 -$
185 151 333 3 -$
186 151 341 2 -$
187 151 341 3 -$
188 151 341 4 -$
189 151 341 5 -$
190 151 341 6 -$
191 151 341 7 -$
192 151 341 8 -$
193 151 341 9 -$
194 151 341 10 -$
195 151 341 11 -$
196 151 341 12 -$
197 151 341 13 -$
198 151 341 14 -$
199 151 341 15 -$
200 151 341 16 -$
201 151 341 17 -$
202 151 341 18 -$
203 151 341 19 -$
204 151 341 20 -$
205 151 341 21 -$
206 151 341 22 -$
207 151 341 23 -$
208 151 341 24 -$
209 151 351 1 -$
210 151 351 2 -$
211 151 353 2 -$
212 151 353 3 -$
213 151 353 4 -$
214 151 353 5 -$
215 151 353 6 -$
216 151 354 1 -$
217 151 354 2 -$
218 151 354 3 -$
219 151 355 1 -$
220 151 355 2 -$
Packet Page 223 of 490Attachment 2 Page 10 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
221 151 355 3 -$
222 151 355 4 -$
223 151 355 5 -$
224 151 355 6 -$
225 151 355 7 -$
226 151 355 8 -$
227 151 355 9 -$
228 151 355 10 -$
229 151 355 11 -$
230 151 355 12 -$
231 151 355 13 -$
232 151 381 1 -$
233 151 381 2 -$
234 151 381 3 -$
235 151 381 4 -$
236 151 381 5 -$
237 151 382 1 -$
238 151 382 2 -$
239 151 382 3 -$
240 151 382 4 -$
241 151 382 5 -$
242 151 382 6 -$
243 151 382 7 -$
244 151 382 8 -$
245 151 382 9 -$
246 151 382 10 -$
247 151 382 11 -$
248 151 382 12 -$
249 151 382 13 -$
250 151 382 14 -$
251 151 382 15 -$
252 151 391 1 -$
253 151 391 2 -$
254 151 391 3 -$
255 151 391 4 -$
256 151 391 5 -$
257 151 391 6 -$
258 151 391 7 -$
259 151 391 8 -$
260 151 391 9 -$
261 151 391 10 -$
262 151 391 11 -$
263 151 391 12 -$
264 151 391 13 -$
Packet Page 224 of 490Attachment 2 Page 11 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
265 151 391 14 -$
266 151 391 15 -$
267 151 551 1 -$
268 151 551 2 -$
269 151 551 3 -$
270 151 551 4 -$
271 151 551 5 -$
272 151 551 6 -$
273 151 551 7 -$
274 151 551 8 -$
275 151 551 9 -$
276 151 551 10 -$
277 151 551 11 -$
278 151 551 12 -$
279 151 551 13 -$
280 151 551 14 -$
281 151 551 15 -$
282 151 551 16 -$
283 151 551 17 -$
284 151 551 18 -$
285 151 551 19 -$
286 151 551 20 -$
287 151 551 21 -$
288 151 551 22 -$
289 151 552 1 -$
290 151 552 2 -$
291 151 552 3 -$
292 151 552 4 -$
293 151 552 5 -$
294 151 552 6 -$
295 151 552 7 -$
296 151 552 8 -$
297 151 552 9 -$
298 151 552 10 -$
299 151 552 11 -$
300 151 552 12 -$
301 151 552 13 -$
302 151 552 14 -$
303 151 552 15 -$
304 151 552 16 -$
305 151 552 17 -$
306 151 552 18 -$
307 151 552 19 -$
308 151 552 20 -$
Packet Page 225 of 490Attachment 2 Page 12 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
309 151 552 21 -$
310 151 552 22 -$
311 151 552 23 -$
312 151 552 24 -$
313 151 553 1 -$
314 151 553 2 -$
315 151 553 3 -$
316 151 553 4 -$
317 151 553 5 -$
318 151 553 6 -$
319 151 554 1 -$
320 151 554 2 -$
321 151 554 3 -$
322 151 554 4 -$
323 151 554 5 -$
324 151 554 6 -$
325 151 554 7 -$
326 151 554 8 -$
327 151 555 1 -$
328 151 555 2 -$
329 151 555 3 -$
330 151 555 4 -$
331 151 561 1 -$
332 151 562 1 -$
333 151 562 2 -$
334 151 562 3 -$
335 151 562 4 -$
336 151 562 5 -$
337 151 562 6 -$
338 151 562 7 -$
339 151 562 8 -$
340 151 562 9 -$
341 151 562 10 -$
342 151 562 11 -$
343 151 562 12 -$
344 151 562 13 -$
345 151 562 14 -$
346 151 562 15 -$
347 151 562 16 -$
348 151 562 17 -$
349 151 562 18 -$
350 151 562 19 -$
351 151 562 20 -$
352 151 562 21 -$
Packet Page 226 of 490Attachment 2 Page 13 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
353 151 562 22 -$
354 151 562 23 -$
355 151 562 24 -$
356 151 562 25 -$
357 151 562 26 -$
358 151 562 27 -$
359 151 562 28 -$
360 151 562 29 -$
361 151 562 30 -$
362 151 562 31 -$
363 151 562 32 -$
364 151 562 33 -$
365 151 562 34 -$
366 151 563 2 -$
367 151 563 3 -$
368 151 563 4 -$
369 151 563 5 -$
370 151 563 6 -$
371 151 563 7 -$
372 151 563 8 -$
373 151 563 9 -$
374 151 563 10 -$
375 151 563 11 -$
376 151 564 2 -$
377 151 564 3 -$
378 151 564 4 -$
379 151 564 5 -$
380 151 564 6 -$
381 151 564 7 -$
382 151 564 8 -$
383 151 564 9 -$
384 151 564 10 -$
385 151 564 11 -$
386 151 571 2 -$
387 151 571 3 -$
388 151 571 4 -$
389 151 571 5 -$
390 151 571 6 -$
391 151 571 7 -$
392 151 571 8 -$
393 151 571 9 -$
394 151 571 10 -$
395 151 571 11 -$
396 151 571 12 -$
Packet Page 227 of 490Attachment 2 Page 14 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
397 151 571 13 -$
398 151 571 14 -$
399 151 571 15 -$
400 151 572 2 -$
401 151 572 3 -$
402 151 572 4 -$
403 151 572 5 -$
404 151 572 6 -$
405 151 572 7 -$
406 151 572 8 -$
407 151 581 2 -$
408 151 581 3 -$
409 151 581 4 -$
410 151 581 5 -$
411 151 581 6 -$
412 151 581 7 -$
413 151 581 8 -$
414 151 581 9 -$
415 151 582 2 -$
416 151 582 3 -$
417 151 582 4 -$
418 151 582 5 -$
419 151 582 6 -$
420 151 582 7 -$
421 151 582 8 -$
422 151 582 9 -$
423 151 583 1 -$
424 151 583 2 -$
425 151 583 3 -$
426 151 591 1 -$
427 151 591 2 -$
428 151 591 3 -$
429 151 591 4 -$
430 151 591 5 -$
431 151 591 6 -$
432 151 591 7 -$
433 151 591 8 -$
434 151 591 9 -$
435 151 591 10 -$
436 151 591 11 -$
437 151 591 12 -$
438 151 591 13 -$
439 151 591 14 -$
440 151 591 15 -$
Packet Page 228 of 490Attachment 2 Page 15 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
441 151 592 1 -$
442 151 592 2 -$
443 151 592 3 -$
444 151 592 4 -$
445 151 592 5 -$
446 151 593 1 -$
447 151 593 2 -$
448 151 593 3 -$
449 151 593 4 -$
450 151 621 1 -$
451 151 621 2 -$
452 151 621 3 -$
453 151 621 4 -$
454 151 621 5 -$
455 151 621 6 -$
456 151 621 7 -$
457 151 621 8 -$
458 151 621 9 -$
459 151 621 10 -$
460 151 621 11 -$
461 151 621 12 -$
462 151 621 13 -$
463 151 621 14 -$
464 151 621 17 -$
465 151 621 18 -$
466 151 621 20 -$
467 151 621 21 -$
468 151 621 22 -$
469 151 621 23 -$
470 151 621 24 -$
471 151 621 25 -$
472 151 621 26 -$
473 151 621 27 -$
474 151 621 28 -$
475 151 621 29 -$
476 151 621 30 -$
477 151 621 32 -$
478 151 621 33 -$
479 151 621 34 -$
480 151 621 35 -$
481 151 621 36 -$
482 151 621 37 -$
483 151 621 38 -$
484 151 621 39 -$
Packet Page 229 of 490Attachment 2 Page 16 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
485 151 621 40 -$
486 151 621 41 -$
487 151 621 42 -$
488 151 622 1 -$
489 151 622 2 -$
490 151 622 3 -$
491 151 622 4 -$
492 151 622 5 -$
493 151 622 6 -$
494 151 622 7 -$
495 151 622 8 -$
496 151 622 9 -$
497 151 622 10 -$
498 151 622 11 -$
499 151 622 12 -$
500 151 622 13 -$
501 151 622 14 -$
502 151 631 3 -$
503 151 631 4 -$
504 151 631 5 -$
505 151 631 6 -$
506 151 631 7 -$
507 151 631 8 -$
508 151 631 9 -$
509 151 631 10 -$
510 151 631 11 -$
511 151 631 12 -$
512 151 631 13 -$
513 151 631 14 -$
514 151 632 1 -$
515 151 632 2 -$
516 151 632 3 -$
517 151 632 4 -$
518 151 632 5 -$
519 151 632 6 -$
520 151 632 7 -$
521 151 632 8 -$
522 151 632 9 -$
523 151 632 10 -$
524 151 632 11 -$
525 151 633 1 -$
526 151 633 2 -$
527 151 633 3 -$
528 151 633 4 -$
Packet Page 230 of 490Attachment 2 Page 17 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
529 151 633 5 -$
530 151 633 6 -$
531 151 633 7 -$
532 151 633 8 -$
533 151 633 9 -$
534 151 633 10 -$
535 151 633 11 -$
536 151 633 12 -$
537 151 633 13 -$
538 151 633 14 -$
539 151 633 15 -$
540 151 633 16 -$
541 151 633 17 -$
542 151 634 1 -$
543 151 634 2 -$
544 151 634 3 -$
545 151 634 4 -$
546 151 634 5 -$
547 151 634 6 -$
548 151 634 7 -$
549 151 634 8 -$
550 151 634 9 -$
551 151 634 10 -$
552 151 634 11 -$
553 151 634 12 -$
554 151 634 13 -$
555 151 635 1 -$
556 151 635 2 -$
557 151 635 3 -$
558 151 635 4 -$
559 151 635 5 -$
560 151 635 6 -$
561 151 635 7 -$
562 151 641 1 -$
563 151 641 2 -$
564 151 641 3 -$
565 151 641 4 -$
566 151 641 5 -$
567 151 641 6 -$
568 151 641 11 -$
569 151 641 12 -$
570 151 641 13 -$
571 151 641 14 -$
572 151 642 1 -$
Packet Page 231 of 490Attachment 2 Page 18 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
573 151 642 2 -$
574 151 642 3 -$
575 151 642 4 -$
576 151 642 5 -$
577 151 643 1 -$
578 151 643 2 -$
579 151 643 3 -$
580 151 643 4 -$
581 151 643 5 -$
582 151 643 6 -$
583 151 644 1 -$
584 151 644 2 -$
585 151 644 3 -$
586 151 644 4 -$
587 151 644 5 -$
588 151 645 1 -$
589 151 645 2 -$
590 151 645 3 -$
591 151 645 4 -$
592 151 645 5 -$
593 151 645 6 -$
594 151 652 3 -$
595 151 652 4 -$
596 151 652 5 -$
597 151 652 6 -$
598 151 652 7 -$
599 151 652 8 -$
600 151 652 9 -$
601 151 652 10 -$
602 151 652 11 -$
603 151 652 12 -$
604 151 653 2 -$
605 151 653 3 -$
606 151 653 4 -$
607 151 653 5 -$
608 151 653 6 -$
609 151 653 7 -$
610 151 653 8 -$
611 151 653 9 -$
612 151 653 10 -$
613 151 653 11 -$
614 151 653 12 -$
615 151 654 3 -$
616 151 654 4 -$
Packet Page 232 of 490Attachment 2 Page 19 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
617 151 654 5 -$
618 151 654 6 -$
619 151 654 7 -$
620 151 654 8 -$
621 151 654 9 -$
622 151 654 11 -$
623 151 654 16 -$
624 151 654 18 -$
625 151 692 1 -$
626 151 692 2 -$
627 151 692 3 -$
628 151 692 4 -$
629 151 692 5 -$
630 151 692 6 -$
631 151 692 7 -$
632 151 692 8 -$
633 151 692 9 -$
634 151 692 10 -$
635 151 692 11 -$
636 151 692 12 -$
637 151 702 1 -$
638 151 702 2 -$
639 151 702 3 -$
640 151 702 4 -$
641 151 702 5 -$
642 151 702 6 -$
643 151 702 7 -$
644 151 702 8 -$
645 151 702 9 -$
646 151 702 10 -$
647 151 702 11 -$
648 151 702 12 -$
649 151 702 13 -$
650 151 702 14 -$
651 151 702 15 -$
652 151 702 16 -$
653 151 702 17 -$
654 151 702 18 -$
655 151 702 19 -$
656 151 702 20 -$
657 151 702 21 -$
658 151 702 22 -$
659 151 711 1 -$
660 151 711 2 -$
Packet Page 233 of 490Attachment 2 Page 20 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
661 151 711 3 -$
662 151 711 4 -$
663 151 711 5 -$
664 151 711 6 -$
665 151 711 7 -$
666 151 711 8 -$
667 151 711 9 -$
668 151 711 10 -$
669 151 711 11 -$
670 151 711 12 -$
671 151 711 13 -$
672 151 711 14 -$
673 151 711 15 -$
674 151 711 16 -$
675 151 711 17 -$
676 151 711 18 -$
677 151 711 19 -$
678 151 711 20 -$
679 151 711 21 -$
680 151 711 22 -$
681 151 711 23 -$
682 151 711 24 -$
683 151 712 2 -$
684 151 712 3 -$
685 151 712 4 -$
686 151 712 5 -$
687 151 712 6 -$
688 151 712 7 -$
689 151 712 8 -$
690 151 721 1 -$
691 151 721 2 -$
692 151 721 3 -$
693 151 721 4 -$
694 151 721 5 -$
695 151 722 1 -$
696 151 722 2 -$
697 151 722 3 -$
698 151 722 4 -$
699 151 722 5 -$
700 151 722 6 -$
701 151 722 7 -$
702 151 723 1 -$
703 151 723 2 -$
704 151 723 3 -$
Packet Page 234 of 490Attachment 2 Page 21 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
705 151 723 4 -$
706 151 723 5 -$
707 151 723 6 -$
708 151 723 7 -$
709 151 723 8 -$
710 151 723 10 -$
711 151 723 11 -$
712 151 723 12 -$
713 151 723 13 -$
714 151 723 14 -$
715 151 723 15 -$
716 151 723 16 -$
717 151 731 1 -$
718 151 731 2 -$
719 151 731 3 -$
720 151 731 4 -$
721 151 731 5 -$
722 151 731 6 -$
723 151 731 7 -$
724 151 731 8 -$
725 151 731 9 -$
726 151 731 10 -$
727 151 731 12 -$
728 151 731 13 -$
729 151 731 14 -$
730 151 731 15 -$
731 151 731 16 -$
732 151 731 17 -$
733 151 731 18 -$
734 151 731 19 -$
735 151 731 20 -$
736 151 731 21 -$
737 151 731 22 -$
738 151 731 23 -$
739 151 731 24 -$
740 151 732 1 -$
741 151 732 2 -$
742 151 732 3 -$
743 151 732 4 -$
744 151 732 5 -$
745 151 732 6 -$
746 151 732 7 -$
747 151 732 8 -$
748 151 732 9 -$
Packet Page 235 of 490Attachment 2 Page 22 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
749 151 732 10 -$
750 151 732 11 -$
751 151 732 12 -$
752 151 732 13 -$
753 151 732 14 -$
754 151 733 1 -$
755 151 733 2 -$
756 151 733 3 -$
757 151 733 4 -$
758 151 733 5 -$
759 151 733 6 -$
760 151 733 7 -$
761 151 742 1 -$
762 151 742 2 -$
763 151 742 3 -$
764 151 742 4 -$
765 151 742 5 -$
766 151 742 6 -$
767 151 742 7 -$
768 151 742 8 -$
769 151 742 9 -$
770 151 743 1 -$
771 151 743 2 -$
772 151 743 3 -$
773 151 743 4 -$
774 151 743 5 -$
775 151 743 6 -$
776 151 743 7 -$
777 151 743 8 -$
778 151 743 9 -$
779 151 743 10 -$
780 151 743 11 -$
781 151 743 12 -$
782 151 751 2 -$
783 151 751 3 -$
784 151 751 4 -$
785 151 751 5 -$
786 151 751 6 -$
787 151 751 7 -$
788 151 751 8 -$
789 151 751 9 -$
790 151 752 2 -$
791 151 752 3 -$
792 151 752 4 -$
Packet Page 236 of 490Attachment 2 Page 23 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
793 151 760 4 -$
794 151 760 5 -$
795 151 760 6 -$
796 151 760 7 -$
797 151 760 8 -$
798 151 760 9 -$
799 151 760 10 -$
800 151 760 12 -$
801 151 760 13 -$
802 151 760 14 -$
803 151 760 15 -$
804 151 760 16 -$
805 151 760 17 -$
806 151 770 2 -$
807 151 770 3 -$
808 151 770 4 -$
809 151 770 5 -$
810 151 770 6 -$
811 151 770 7 -$
812 151 770 8 -$
813 151 770 9 -$
814 151 770 10 -$
815 151 770 11 -$
816 151 770 12 -$
817 151 770 13 -$
818 151 770 14 -$
819 151 770 18 -$
820 151 770 19 -$
821 151 770 20 -$
822 151 770 21 -$
823 151 770 22 -$
824 151 770 23 -$
825 151 770 24 -$
826 151 770 25 -$
827 151 770 27 -$
828 151 770 28 -$
829 151 770 29 -$
830 151 770 30 -$
831 151 780 2 -$
832 151 780 3 -$
833 151 780 4 -$
834 151 780 5 -$
835 151 780 6 -$
836 151 780 7 -$
Packet Page 237 of 490Attachment 2 Page 24 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
837 151 780 8 -$
838 151 780 9 -$
839 151 780 10 -$
840 151 780 11 -$
841 151 780 12 -$
842 151 780 13 -$
843 151 780 14 -$
844 151 780 15 -$
845 151 780 16 -$
846 151 780 19 -$
847 151 780 20 -$
848 151 790 1 -$
849 151 790 2 -$
850 151 790 3 -$
851 151 790 4 -$
852 151 790 5 -$
853 151 790 6 -$
854 151 790 7 -$
855 151 790 8 -$
856 151 790 9 -$
857 151 790 11 -$
858 151 790 12 -$
859 151 790 13 -$
860 151 790 14 -$
861 151 790 15 -$
862 151 790 16 -$
863 151 790 17 -$
864 151 790 18 -$
865 151 790 19 -$
866 151 790 20 -$
867 151 790 23 -$
868 151 790 24 -$
869 151 790 25 -$
870 151 790 26 -$
871 151 790 27 -$
872 151 790 28 -$
873 151 790 29 -$
874 151 790 30 -$
875 151 790 31 -$
876 151 790 32 -$
877 151 790 39 -$
878 151 790 40 -$
879 151 790 41 -$
880 151 790 42 -$
Packet Page 238 of 490Attachment 2 Page 25 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
881 151 790 43 -$
882 151 790 44 -$
883 151 790 45 -$
884 151 790 46 -$
885 151 790 47 -$
886 151 790 48 -$
887 151 800 1 -$
888 151 800 2 -$
889 151 800 3 -$
890 151 800 4 -$
891 151 800 5 -$
892 151 800 6 -$
893 151 800 7 -$
894 151 800 8 -$
895 151 800 9 -$
896 151 800 10 -$
897 151 800 11 -$
898 151 800 12 -$
899 151 800 16 -$
900 151 800 17 -$
901 151 800 18 -$
902 151 800 19 -$
903 151 800 20 -$
904 151 800 21 -$
905 151 800 22 -$
906 151 800 23 -$
907 151 800 24 -$
908 151 800 25 -$
909 151 800 26 -$
910 151 800 27 -$
911 151 800 28 -$
912 151 800 29 -$
913 151 800 30 -$
914 151 800 31 -$
915 151 870 1 -$
916 151 870 3 -$
917 151 870 4 -$
918 151 870 5 -$
919 151 890 2 -$
920 151 890 3 -$
921 151 890 4 -$
922 151 890 5 -$
923 151 890 6 -$
924 151 890 7 -$
Packet Page 239 of 490Attachment 2 Page 26 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
925 151 890 8 -$
926 151 890 9 -$
927 151 890 10 -$
928 151 890 11 -$
929 151 890 12 -$
930 151 890 13 -$
931 151 890 14 -$
932 151 890 15 -$
933 151 890 16 -$
934 151 890 17 -$
935 151 890 18 -$
936 151 890 19 -$
937 151 890 20 -$
938 151 890 21 -$
939 151 890 22 -$
940 151 900 1 -$
941 151 900 2 -$
942 151 900 3 -$
943 151 900 4 -$
944 151 900 5 -$
945 151 900 6 -$
946 151 900 7 -$
947 151 900 8 -$
948 151 900 9 -$
949 151 900 10 -$
950 151 900 11 -$
951 151 900 12 -$
952 151 900 13 -$
953 151 900 14 -$
954 151 900 15 -$
955 151 900 16 -$
956 151 900 17 -$
957 151 900 18 -$
958 151 921 2 -$
959 151 921 3 -$
960 151 921 4 -$
961 151 921 5 -$
962 151 921 6 -$
963 151 921 7 -$
964 151 921 8 -$
965 151 921 9 -$
966 151 921 10 -$
967 151 921 11 -$
968 151 922 1 -$
Packet Page 240 of 490Attachment 2 Page 27 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
969 151 922 2 -$
970 151 922 3 -$
971 151 922 4 -$
972 151 922 5 -$
973 151 922 6 -$
974 151 922 7 -$
975 151 922 8 -$
976 151 922 9 -$
977 151 922 10 -$
978 151 923 1 -$
979 151 923 2 -$
980 151 923 4 -$
981 151 923 5 -$
982 151 923 6 -$
983 151 923 7 -$
984 151 930 1 -$
985 151 930 2 -$
986 151 930 3 -$
987 151 930 4 -$
988 151 930 6 -$
989 151 930 7 -$
990 151 930 8 -$
991 151 930 9 -$
992 151 930 10 -$
993 151 930 11 -$
994 151 930 12 -$
995 151 930 13 -$
996 151 930 14 -$
997 151 930 15 -$
998 151 930 16 -$
999 151 930 17 -$
1000 151 930 18 -$
1001 151 930 19 -$
1002 151 930 20 -$
1003 151 930 21 -$
1004 151 930 22 -$
1005 151 930 23 -$
1006 151 930 24 -$
1007 151 930 26 -$
1008 151 930 27 -$
1009 151 930 28 -$
1010 151 930 29 -$
1011 151 930 30 -$
1012 151 930 31 -$
Packet Page 241 of 490Attachment 2 Page 28 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1013 151 930 32 -$
1014 151 930 33 -$
1015 151 930 34 -$
1016 151 930 35 -$
1017 151 930 36 -$
1018 151 930 37 -$
1019 151 930 38 -$
1020 151 941 1 -$
1021 151 941 2 -$
1022 151 941 3 -$
1023 151 941 4 -$
1024 151 941 5 -$
1025 151 941 6 -$
1026 151 941 7 -$
1027 151 941 8 -$
1028 151 941 9 -$
1029 151 941 10 -$
1030 151 941 11 -$
1031 151 941 12 -$
1032 151 941 13 -$
1033 151 941 14 -$
1034 151 941 15 -$
1035 151 941 16 -$
1036 151 941 17 -$
1037 151 941 18 -$
1038 151 941 19 -$
1039 151 941 20 -$
1040 151 941 21 -$
1041 151 941 22 -$
1042 151 941 23 -$
1043 151 941 24 -$
1044 151 942 1 -$
1045 151 942 2 -$
1046 151 942 3 -$
1047 151 942 4 -$
1048 151 942 5 -$
1049 151 942 6 -$
1050 151 942 7 -$
1051 151 942 8 -$
1052 151 942 9 -$
1053 151 943 1 -$
1054 151 943 2 -$
1055 151 951 1 -$
1056 151 951 2 -$
Packet Page 242 of 490Attachment 2 Page 29 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1057 151 951 3 -$
1058 151 951 4 -$
1059 151 951 5 -$
1060 151 951 7 -$
1061 151 951 8 -$
1062 151 951 9 -$
1063 151 951 10 -$
1064 151 951 11 -$
1065 151 951 12 -$
1066 151 951 13 -$
1067 151 951 14 -$
1068 151 951 15 -$
1069 151 951 16 -$
1070 151 951 17 -$
1071 151 952 1 -$
1072 151 952 2 -$
1073 151 952 3 -$
1074 151 952 4 -$
1075 151 952 5 -$
1076 151 952 6 -$
1077 151 952 7 -$
1078 151 952 8 -$
1079 151 952 9 -$
1080 151 961 1 -$
1081 151 961 2 -$
1082 151 961 4 -$
1083 151 961 5 -$
1084 151 961 6 -$
1085 151 961 7 -$
1086 151 961 8 -$
1087 151 961 9 -$
1088 151 961 10 -$
1089 151 961 11 -$
1090 151 961 12 -$
1091 151 961 13 -$
1092 151 961 14 -$
1093 151 961 15 -$
1094 151 962 1 -$
1095 151 962 2 -$
1096 151 962 3 -$
1097 151 962 4 -$
1098 151 962 5 -$
1099 151 962 6 -$
1100 151 962 7 -$
Packet Page 243 of 490Attachment 2 Page 30 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1101 151 962 8 -$
1102 151 962 9 -$
1103 151 962 10 -$
1104 151 962 11 -$
1105 151 962 12 -$
1106 151 962 13 -$
1107 151 962 14 -$
1108 151 962 15 -$
1109 151 962 16 -$
1110 151 962 17 -$
1111 151 962 18 -$
1112 151 962 19 -$
1113 151 963 1 -$
1114 151 963 2 -$
1115 151 963 3 -$
1116 151 963 4 -$
1117 151 963 5 -$
1118 151 963 6 -$
1119 151 963 7 -$
1120 151 963 8 -$
1121 151 963 9 -$
1122 151 963 10 -$
1123 151 963 11 -$
1124 151 963 12 -$
1125 151 963 13 -$
1126 151 963 14 -$
1127 151 963 16 -$
1128 151 963 17 -$
1129 151 971 1 -$
1130 151 971 2 -$
1131 151 971 3 -$
1132 151 971 4 -$
1133 151 971 5 -$
1134 151 972 1 -$
1135 151 972 2 -$
1136 151 972 3 -$
1137 151 972 4 -$
1138 151 982 1 -$
1139 151 982 2 -$
1140 151 982 3 -$
1141 151 982 4 -$
1142 151 982 5 -$
1143 151 982 6 -$
1144 151 982 7 -$
Packet Page 244 of 490Attachment 2 Page 31 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1145 151 982 8 -$
1146 151 982 9 -$
1147 151 982 10 -$
1148 151 982 11 -$
1149 151 982 12 -$
1150 151 982 13 -$
1151 151 982 14 -$
1152 151 982 15 -$
1153 151 982 16 -$
1154 151 982 17 -$
1155 151 982 18 -$
1156 151 982 19 -$
1157 151 982 21 -$
1158 151 982 22 -$
1159 151 982 23 -$
1160 151 982 24 -$
1161 151 982 25 -$
1162 151 982 26 -$
1163 151 983 1 -$
1164 151 983 2 -$
1165 151 983 3 -$
1166 151 983 4 -$
1167 151 983 5 -$
1168 151 983 6 -$
1169 151 983 7 -$
1170 151 983 8 -$
1171 151 983 9 -$
1172 151 983 10 -$
1173 151 983 11 -$
1174 151 983 12 -$
1175 151 983 13 -$
1176 151 983 14 -$
1177 151 983 15 -$
1178 151 983 16 -$
1179 151 983 17 -$
1180 151 983 18 -$
1181 151 983 19 -$
1182 151 983 20 -$
1183 151 983 21 -$
1184 151 983 22 -$
1185 151 983 23 -$
1186 151 983 24 -$
1187 151 983 25 -$
1188 151 983 26 -$
Packet Page 245 of 490Attachment 2 Page 32 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1189 151 983 27 -$
1190 151 983 28 -$
1191 151 983 29 -$
1192 151 983 30 -$
1193 151 983 31 -$
1194 151 983 32 -$
1195 151 983 33 -$
1196 151 983 34 -$
1197 151 983 35 -$
1198 151 983 36 -$
1199 151 983 37 -$
1200 151 984 1 -$
1201 151 100 18 -$
1202 151 100 19 -$
1203 151 100 20 -$
1204 151 110 5 -$
1205 151 110 7 -$
1206 151 110 9 -$
1207 151 110 11 -$
1208 151 160 19 -$
1209 151 160 22 -$
1210 151 301 12 -$
1211 151 302 1 -$
1212 151 303 8 -$
1213 151 311 1 -$
1214 151 312 3 -$
1215 151 314 31 -$
1216 151 314 17 -$
1217 151 314 1 -$
1218 151 321 1 -$
1219 151 323 1 -$
1220 151 331 1 -$
1221 151 332 1 -$
1222 151 341 1 -$
1223 151 342 1 -$
1224 151 352 1 -$
1225 151 353 1 -$
1226 151 360 2 -$
1227 151 360 5 -$
1228 151 370 4 -$
1229 151 370 12 -$
1230 151 382 16 -$
1231 151 391 16 -$
1232 151 550 1 -$
Packet Page 246 of 490Attachment 2 Page 33 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1233 151 563 1 -$
1234 151 564 1 -$
1235 151 570 1 -$
1236 151 571 1 -$
1237 151 572 1 -$
1238 151 581 1 -$
1239 151 582 1 -$
1240 151 591 16 -$
1241 151 593 5 -$
1242 151 610 2 -$
1243 151 610 3 -$
1244 151 610 4 -$
1245 151 610 6 -$
1246 151 610 7 -$
1247 151 610 8 -$
1248 151 610 9 -$
1249 151 610 10 -$
1250 151 610 14 -$
1251 151 633 18 -$
1252 151 634 14 -$
1253 151 635 8 -$
1254 151 651 1 -$
1255 151 653 1 -$
1256 151 654 12 -$
1257 151 654 17 -$
1258 151 655 1 -$
1259 151 691 1 -$
1260 151 692 13 -$
1261 151 701 1 -$
1262 151 712 1 -$
1263 151 723 9 -$
1264 151 741 1 -$
1265 151 751 1 -$
1266 151 752 1 -$
1267 151 752 5 -$
1268 151 760 1 -$
1269 151 760 2 -$
1270 151 760 3 -$
1271 151 760 11 -$
1272 151 760 18 -$
1273 151 760 19 -$
1274 151 770 1 -$
1275 151 770 15 -$
1276 151 770 16 -$
Packet Page 247 of 490Attachment 2 Page 34 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1277 151 770 17 -$
1278 151 770 26 -$
1279 151 770 31 -$
1280 151 780 1 -$
1281 151 780 17 -$
1282 151 780 18 -$
1283 151 780 21 -$
1284 151 790 10 -$
1285 151 790 21 -$
1286 151 790 22 -$
1287 151 790 33 -$
1288 151 790 34 -$
1289 151 790 35 -$
1290 151 790 36 -$
1291 151 790 37 -$
1292 151 790 38 -$
1293 151 790 49 -$
1294 151 800 13 -$
1295 151 800 14 -$
1296 151 800 15 -$
1297 151 800 32 -$
1298 151 870 2 -$
1299 151 880 1 -$
1300 151 880 2 -$
1301 151 880 3 -$
1302 151 880 4 -$
1303 151 880 12 -$
1304 151 890 1 -$
1305 151 890 23 -$
1306 151 900 19 -$
1307 151 900 20 -$
1308 151 920 2 -$
1309 151 921 1 -$
1310 151 922 11 -$
1311 151 923 3 -$
1312 151 923 8 -$
1313 151 930 5 -$
1314 151 930 25 -$
1315 151 930 39 -$
1316 151 951 6 -$
1317 151 961 3 -$
1318 151 963 15 -$
1319 151 971 6 -$
1320 151 981 1 -$
Packet Page 248 of 490Attachment 2 Page 35 of 36
SMITH RANCH ASSESSMENT DISTRICT
FY 2022-2023 ASSESSMENTS BY PARCEL
PARCEL COUNT BOOK PAGE PARCEL ASSESSMENT
1321 151 982 20 -$
TOTAL ASSESSMENT -$
PARCELS WITH ASSESSMENT 0
PARCELS WITH NO ASSESSMENT 1321
TOTAL PARCELS 1321
Packet Page 249 of 490Attachment 2 Page 36 of 36
Agenda Item No: 11.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022298 of the City Council of the City of Fairfield Authorizing Task Order No. 16 for KimleyHorn & Associates to Provide Engineering Services for Fiber Communications (Broadband) Asset Field Investigation and Authorizing an Update to the Fiscal Year 20222023 Budget
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
As a component of the City’s broadband strategy, the City has identified the need to conduct a fiber communications (broadband) asset field investigation to determine an accurate inventory of underground fiber communications infrastructure. Staff recommends authorizing Task Order No. 16 with KimleyHorn & Associates (KHA) to provide engineering services for this fiber communications asset field investigation. The information gathered will be used in part to promote assets for public private partnership opportunities for broadband infrastructure.
DISCUSSION
As a next step of the City’s broadband initiative, staff would like to investigate and document fiber optic/broadband assets to support and plan for the City’s opportunities for expansion and publicprivate partnerships. The findings will be recorded in the City’s GIS database along with a highlevel assessment of City fiber assets and areas of most feasible expansion (areas that achieve the greatest cost benefits and reach underserved portions of the city).
Staff recommends the City Council approve the attached resolution authorizing Task Order No. 16 with KHA. KHA has institutional knowledge, is familiar with the City’s operations, and has assembled a team that has significant experience with fiber communications asset field investigations.
On April 16, 2019, council approved Resolution No. 201979 approving a design services agreement with KHA for oncall engineering services with a nottoexceed amount of $600,000 per year. The on call agreement is for a threeyear period, through April 22, 2022, and has since been extended an additional year, with the understanding that task orders in excess of $100,000 will be presented to the council for approval under Resolution No. 202043. There are currently $551,870 available funds in year Packet Page 250 of 490
Agenda Item No: 11.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022298 of the City Council of the City of Fairfield Authorizing Task OrderNo. 16 for KimleyHorn & Associates to Provide Engineering Services for FiberCommunications (Broadband) Asset Field Investigation and Authorizing an Update tothe Fiscal Year 20222023 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAs a component of the City’s broadband strategy, the City has identified the need to conduct a fibercommunications (broadband) asset field investigation to determine an accurate inventory ofunderground fiber communications infrastructure. Staff recommends authorizing Task Order No. 16with KimleyHorn & Associates (KHA) to provide engineering services for this fiber communicationsasset field investigation. The information gathered will be used in part to promote assets for publicprivate partnership opportunities for broadband infrastructure. DISCUSSIONAs a next step of the City’s broadband initiative, staff would like to investigate and document fiberoptic/broadband assets to support and plan for the City’s opportunities for expansion and publicprivatepartnerships. The findings will be recorded in the City’s GIS database along with a highlevelassessment of City fiber assets and areas of most feasible expansion (areas that achieve the greatestcost benefits and reach underserved portions of the city). Staff recommends the City Council approve the attached resolution authorizing Task Order No. 16 withKHA. KHA has institutional knowledge, is familiar with the City’s operations, and has assembled a teamthat has significant experience with fiber communications asset field investigations.On April 16, 2019, council approved Resolution No. 201979 approving a design services agreementwith KHA for oncall engineering services with a nottoexceed amount of $600,000 per year. The oncall agreement is for a threeyear period, through April 22, 2022, and has since been extended an additional year, with the understanding that task orders in excess of $100,000 will be presented to the council for approval under Resolution No. 202043. There are currently $551,870 available funds in year four of this contract. Task Order No. 16 is for $149,570. Staff recommends a 10% management reserve ($15,000) to cover any unforeseen costs.
FINANCIAL IMPACT
Total cost for this task order will be for an amount nottoexceed $164,570 ($149,570 Task Order No. 16 + $15,000 management reserve). The amount was not originally included in the fiscal year (FY) 2022 2023 budget, requiring an amendment to the budgeted expenses of $164,527 for the Intergovernmental Service Fund (Fund 551, Organization Code 25199) for the Broadband Project (Project 10414). There are sufficient funds in the following funds: 55125199844110414 and 55125199891110414.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to not approve the proposed Task Order No. 16, which would result in unknown and incomplete information related to underground communication assets as the City does not have the technical expertise on staff to conduct this type of investigation.
STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 4287494
[email protected]
COORDINATED WITH
Information Technology
ATTACHMENTS:
Description
Proposed Resolution
Proposed Task Order
REVIEWERS:
Reviewer Action Date
Kaushal, Paul Approved 11/8/2022 4:57 PM
Ballard, Kelly Approved 11/8/2022 6:38 PM
Ballard, Kelly Approved 11/8/2022 6:39 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-298
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING TASK ORDER NO. 16 FOR KIMLEY-HORN & ASSOCIATES TO PROVIDE ENGINEERING SERVICES FOR FIBER
COMMUNICATIONS (BROADBAND) ASSET FIELD INVESTIGATION AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2022-2023 BUDGET
WHEREAS, as a next step of the City’s broadband initiative, the City has identified the need to conduct a fiber communications asset field investigation to determine accurate inventory of underground fiber communications infrastructure as a component of the broadband strategy, and to document fiber-optic/broadband assets to support and plan for the City’s opportunities for expansion; and
WHEREAS, staff expects to use the information in part to promote assets for public-private partnership opportunities for broadband infrastructure; and
WHEREAS, the City has selected Kimley-Horn & Associates (KHA) to perform this work for an amount not to exceed $149,570; and
WHEREAS, the City entered into a design services agreement with KHA on April 16, 2019, by Resolution No. 2019-79; and
WHEREAS, Resolution No. 2020-43 requires City Council approval for any task order in excess of $100,000; and
WHEREAS, funding was not allocated in the City’s approved FY 2022-2023 Budget thus requiring an adjustment in the amount of $164,570 to cover the cost; and
WHEREAS, the revised appropriation constitutes an update to the FY 2022-2023 Budget approved pursuant to Resolution No. 2022-122.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized to execute and administer a task order with KHA for Engineering Services for Fiber Communications (Broadband) Asset Field Investigations in an amount not-to-exceed one hundred forty-nine thousand, five hundred seventy dollars ($149,570).
Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed fifteen thousand dollars ($15,000).
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RES. NO. 2022-298
Section 3. The council hereby approves a budget adjustment of $164,750 in the Intergovernmental Loan Fund (Fund 551) for the Broadband Project (Project 10414).
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
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CITY OF FAIRFIELD
TASK ORDER
Task Order No. 16
Contract: Agreement for On-Call Engineering Services
Dated April 22, 2019, pursuant to Resolution No. 2019-79
Consultant: KIMLEY-HORN & ASSOCIATES
Project: Fiber Communications (Broadband) Asset Field Investigation
Scope of Work: CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT and attached herein. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
Exhibits:
A. Scope of Services and Fee Estimate dated October 4, 2022
Fee - Dollar Amount of Task Order: Not to exceed $149,570
City Account Code: 55125199-8441-10414 and 55125199-8911-10414
Completion Date: May 2023
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland CA 94612 510.625.0712 October 4, 2022
(by email)
Marisa Cumpian | Senior Management Analyst
City of Fairfield | Public Works
1000 Webster Street, 3rd Floor
Fairfield, CA 94533
[email protected]
RE: Proposal for Fairfield Fiber-Optic Broadband Assets Field Investigation Dear Marisa:
Thank you for inviting Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide engineering services for Fairfield Fiber Communications Assets Field Investigation. Attached is our scope and fee to provide these services based on our December 20, 2021, meeting and subsequent email communications/follow-up meetings (most recently September 30, 2022).
If you have any questions, please do not hesitate to call me at (510) 350-0215. We look forward to continuing to work with you and the City on this important project.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Elbert Chang, P.E.
Project Manager
"Exhibit A"
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SCOPE OF WORK
As a next step following the City of Fairfield (City)’s Fiber-Optic Master Plan, the City would like to investigate and document fiber-optic/broadband assets to support and plan the expansion of the City’s fiber-optic network. This information will be recorded into the City’s GIS database. In addition, a summary narrative will be prepared with high-level assessment of City fiber assets, areas of most feasible expansion (that achieves the greatest cost benefit, but at the same time reach underserved portions of the City.) Task 1 – Project Management and Meetings
Under this task, Kimley-Horn will meet with the City for a project kick-off meeting to review scope, schedule, and any additional relevant information. City will confirm locations of investigation (See scope Task 2) as well as available GIS and as-built information. Kimley-Horn will prepare meeting minutes for the City’s records and send within one (1) week of this meeting.
In addition to the kick-off meeting, up to three additional meetings with the City are included in this task to be used as needed by the City.
All meetings are assumed to be virtual.
Deliverables
§Meeting minutes and attendance
§Monthly invoices with progress bullets
Task 2 – Data Collection/ Field Investigation
Data Collection
Under this task, Kimley-Horn will collect data on City fiber/broadband assets. It is assumed that City will provide current and accurate GIS files along with other available information (e.g. as-builts) for the following existing assets:
§Microwave radios (FPD, Traffic, , Cement Hill Tower, FFVV Train Station, Nelson Hill Tower, Martin Hill Tower)
§Traffic Signal fiber communications
§Traffic signal cabinets (cabinet type)
§City Civic Center – Campus Fiber
§Water Treatment Facilities (North Bay Regional Water Treatment Plant, Gold Ridge Reservoir, Cement Hill Station, Rancho Solano Z4/5, Rancho Solano Z3, Nelson Hill, Waterman Reservoir and Plant)
Future projects
Kimley-Horn will review future projects by City and identify those installing (or with opportunity to install) fiber/broadband infrastructure (e.g. North Texas Waterline, Jepson Parkway, Travis/NTexas Adaptive, HOF W Texas Complete Streets, and Pavement Rehabilitation)
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Non-City Assets
§Kimley-Horn will contact private fiber vendors for network information (Work with City to identify vendors and contacts, including recent initiatives by Comcast and other carriers) §Kimley-Horn will contact other public agencies for information on existing fiber infrastructure that could be used or shared with COF (CCJPB/Amtrak, Solano County, School District, Caltrans (middle mile network), SID, FFSD, PGE).
Field Investigation
Based on the information obtained above, Kimley-Horn will field investigation of City assets:
Fiber Conduits
§Assumed City fiber conduit locations for field investigation:
o Manuel Campos Parkway, Claybank Road, Train Station Vicinity, Peabody Road, North Texas, Travis Blvd, West Texas Street, Beck Avenue, Mangels Boulevard, Red Top Road, Green Valley Road, Business Center Drive
o Civic Center Facilities (Adult Recreation Center, Building Maintenance, City Hall, Community Center, Council Chamber, Parks and Recreation Clubroom, Police Department, Fire Station #37) o Up to 20 hours of additional investigation for other City-owned conduit assets TBD §Assumed Water Treatment fiber and conduit locations for field investigation o North Bay Regional Water Treatment Plant, Gold Ridge Reservoir, Cement Hill Station, Rancho Solano Z4/5, Rancho Solano Z3, Nelson Hill, Waterman Reservoir and Plant o Investigate fiber conduits from outside locations into building NOC/MPOE. §Identification of the existing conduit sizes and a limited assessment of the condition of the existing conduits. The conduits condition shall be assessed for conduit material-whether the conduits intact, dirty, or debris-filled- and the entry length of the conduit into the pull boxes (this will affect the pulling of fiber into the existing pull box) at select locations. o Kimley-Horn will note power, traffic signal, fiber communications, and twisted pair communications cables used in existing conduit.
o Kimley-Horn will work with City staff to identify conduit locations for vertical depth confirmation. Kimley-Horn will coordinate with utility locating firm for potholing budget up to $25,000 (~10 locations) to confirm depth of selected conduit locations. Vertical depth will be provided in NAVD88. Cost for encroachment permits shall be paid by City and are not included in this scope of services.
§Determination of the existing pull box sizes and an assessment the condition of the existing pull box. The pull box condition shall include pull box size, pull box depth, and whether the pull box is filled with various cables/conduits or only communications infrastructure. Determination of, to the extent reasonably possible, the percent fill of the existing conduits, and determination of the maximum capacity based on applicable standards. (City assumed to follow NEC, unless the conduit spans a Caltrans facility like SR12 or I-80.) Determination of approximate feet of maintenance loop fiber within each pull box. Lid labels will be captured for pull boxes and vaults. §Identify and determine those conduit segments and pull boxes which may be viable for the installation of new fiber-optic cable.
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§Photographic documentation of each Pull Box with GPS/Geo Metadata (coordinated with Jasmin’s GIS Specifications for File Type/Naming, Image Resolution etc.) to confirm the location and the state of audit and add that to a layer to help visually identify some locations in the future when work is being done as well as confirm the findings of the actual audit. o File format should be in a file geodatabase format. Any mapping files, such as ArcMap or ArcGIS pro shall be provided to City GIS staff.
o Ensure all geodata locations are associated with photos taken within 1 meter of accuracy. §Fiber (or copper twisted pair) conduit and cables, including cable type (SMFO, MMFO) strands, splices and terminations, cable part number (if available or legible), capacity used or patched/available (if readily available).
Traffic Signal Cabinets
§Field investigation at all City traffic signal cabinets to assess of available space available for future hub equipment.
§Photographic documentation of each Pull Box with GPS/Geo Metadata (coordinated with Jasmin’s GIS Specifications for File Type/Naming, Image Resolution etc.) to confirm the location and the state of audit and add that to a layer to help visually identify some locations in the future when work is being done as well as confirm the findings of the actual audit.
Microwave Communications (Field)
§Field Investigation at up to four typical locations of various microwave configurations. Document equipment and connection path from field equipment (radio, CCTV) to traffic signal cabinet or field hub.
Hub locations (City Owned facilities)
§Assumed locations for field investigation:
o Microwave field hubs: Martin Hill, Nelson Hill, Cement Hill, Water Treatment Plant, up to one location TBD. TBD location will be identified by City prior before Kimley-Horn starts field investigation.
o Network Hub locations: Civic Center Facilities (Fairfield City Hall, Fairfield Police Department, Community Center, Pennsylvania Fire Station), Fairfield Transportation Center, North Bay Regional Water Treatment Plant, Waterman Reservoir Plant,. §Document existing communications equipment and connections. §Assessment and document approximate capacity to host networking equipment and/or wireless antennas.
OPTIONAL SERVICE: Non-City Assets
§Up to a budget of 40 hours (assumed hourly rate of $166.50/hr for max budget of $6,660), Kimley- Horn will coordination and field investigate non-City Assets. Kimley-Horn will confirm assets to investigate with City prior to starting this task. (City to obtain authorization for Kimley-Horn to investigate)
Deliverables
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Kimley-Horn will submit all deliverables electronically:
§Field Investigation Notes and Photos
Task 3 – Fairfield GIS Mapping
Under this task, Kimley-Horn will meet with Fairfield GIS to review City GIS assets and set up GIS dataset to record data gathered in Task 2. The GIS coordination will discuss the following:
§Use domain drop down selections as a form of ensuring that data is entered cleanly into the dataset. §Review City Assets layer that was converted into GIS from the Risk Management office that notes our assets either by land or property.
§Review City pole ownership. (City should owns most of the poles. If there are assets not owned by the City, City has have a separate pole layer, such as Caltrans). §Data in NAD83(2011) California State Plane Zone 2 and vertical depth (NAVD88) of conduits (collected by potholing in Task 2).
§OPTIONAL SERVICE: Traffic signal inventory could be checked. This dataset was developed through aerial imagery and the streets field operations team hand marking up the maps to note the asset type. It only shows the asset type and the ID coincides with their naming conventions. It does not have asset-based information (height, type, condition, material, manufacturer, etc). Kimley-Horn will review traffic signal information available in traffic signal as-builts and confirm with City locations and information for field observations. (As-built information that could be useful for planning and designing City’s fiber-optic network includes conduit routing, conduit size, conduit pull box locations, Cabinet locations, and cabinet space availability.) Up to a budget of 37 hours (assumed hourly rate of $163.52/hr for max budget of $6,050), Kimley-Horn will conduct field observations at spot locations to validate as-built information and summarize findings for City.
Adding new “as-built” information to the GIS files is included as an optional task.
Kimley-Horn will prepare and submit DRAFT and FINAL GIS files to City.
Deliverables
Kimley-Horn will submit all deliverables electronically:
§Field Investigation GIS Files (DRAFT and FINAL)
§As-built spot checks – notes and summary
Task 4 – Summary Technical Memorandum
Under this Task, Kimley-Horn will prepare summary technical memorandum of work completed in above tasks. Narrative to be high-level and sensitive to potential confidentiality and security implications of information.
Technical Memorandum shall include high-level assessment of City fiber assets, areas of most feasible expansion (that achieves the greatest cost benefit, but at the same time reach underserved portions of the City.)
Kimley-Horn will prepare outline for technical memorandum for City review. Kimley-Horn will prepare DRAFT and FINAL Summary Technical Memorandum
Deliverables
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§Summary Technical Memorandum Outline
§Summary Technical Memorandum – DRAFT and FINAL
Optional Services (Optional)
Kimley-Horn will not perform any additional services without written authorization from the City. Prior to beginning any optional service, Kimley-Horn will provide scope of services, expected deliverables, estimate of hours, and schedule for City review and approval. Invoices shall include staff and billing rates information broken out for each authorized optional service.
If requested by the City, Kimley-Horn perform the following additional services up to the anticipated hours and budget included in the cost proposal:
§Field Investigation of non-City assets. (possible after receiving inventory of non-City assets) o See Task 2 for scope
§Updating City GIS files with traffic signal “as-built” information (prior to starting Task 3) o See Task 3 for scope
§Preliminary Network Design for City Communication network (prior to start of Task 4) Under this task, Kimley-Horn would review the proposed City fiber network (prepared Magellan Advisors), compare with existing City assets (gathered in Task 2) and prepare a preliminary network design for the basis of future design and construction projects. The conceptual design will graphically show trunk and branch fiber routes, redundant fiber rings, building and field hub locations, traffic signal connections, and connection to City’s municipal network. Functional equipment requirements for typical building and traffic signal locations will be identified. Design will be revised up to 1 time. (Up to 50 hours with assumed hourly rate of $180.20/hr for max budget of $9,010) Deliverables
Kimley-Horn will submit all deliverables electronically:
§Field Investigation Notes, photos, GIS Files
§Preliminary Network Design (Visio)
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SCHEDULE
Deliverable/Meeting Deadline
NTP Date 11/17/22 (assumed)
Kick-off Meeting with City 12/1/22 (1 week from NTP, not including Thanksgiving)
Data Collection 12/15/22 (2 week from kick-off)
Complete Field Investigation 1/27/23 (4 weeks after receipt of data,not including holidays)
DRAFT GIS 2/10/23 (2 weeks after field investigation)
Field Investigation Summary/Memo
Outline 2/10/23 (2 weeks after field investigation)
City comments 2/24/23(2-week review)
Discuss City comments 3/3/23
Draft Technical Memorandum 3/17/23 (2 weeks after City meeting) City comments 3/31/23 (2-week review)
Discuss City comments 4/7/23
Final Technical Memorandum 4/21/23 (2 weeks after City meeting) Optional Services TBD
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PROFESSIONAL FEE
Kimley-Horn proposes to provide professional services outlined in this scope of services on a time-and- materials basis with a contract ceiling of $144,370, including $21,720 in optional services (Field Investigation of non-City Assets, Preliminary Network Design, Update GIS files with “as-built” information).This estimate of hours and cost for each task is attached to this proposal. This fee includes labor cost (including indirect expenses) and direct expenses (travel, full-size plan reproduction, overnight mailing) incurred in performing these services.
The table below provides an estimate of hours and cost for each task. This information is provided as an estimate only, and Kimley-Horn reserves the right to adjust budgets between tasks while maintaining the total fee.
Task Description Budget
1 Project Management and Meetings $7,200
2 Data Collection/Field Investigation $87,130
3 Fairfield GIS Mapping $16,970
4 Summary Technical Memorandum $15,350
Subtotal (without optional services)$119,590
Expenses $1,200
Total (without optional services)$126,650
Optional Services $21,720
Total (with Optional Services)$149,570
Services other than those set forth in the Scope of Services shall constitute additional services. Additional services (such as attendance at additional meetings, additional review submittals, surveying services, utility coordination, network engineering, adding information to GIS files, etc.) shall be performed only with your authorization and be billed on a time-and-materials basis per the current on-call rate schedule.
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Role PM QC/PM Engineer Analyst Support
Sr. Professional Professional Engineer Analyst Admin
$300.00 $240.00 $175.00 $155.00 $125.00
Task 1: Project Management and Meetings 11 10 0 12 33 $ 7,200 Project initiation and Kick-off Meeting 2 4 6 $ 1,560 Project Management and Invoices 6 12 18 $ 3,300 City Meetings (up to 3)3 6 9 $ 2,340
Task 2: Data Collection/Field Investigation 17 16 92 228 14 367 $ 87,130 Data Collection - As-builts/ City coordination 1 4 8 8 21 $ 3,240 Field - Signal/Fiber Field 2 4 12 120 138 $ 22,260 Field - Signal/Fiber Field (TBD)4 16 20 $ 3,180 Field - Civic Center Campus Fiber 1 8 12 21 $ 3,560 Field - Microwave Sites 4 4 12 12 32 $ 6,120
Field - Water Treatment Fiber Facilities 4 4 24 28 60 $ 10,700 Field - Water Treatment Fiber Facilities (TBD)2 2 16 20 40 $ 6,980 Data Collection - non-City Assets 2 2 4 8 2 18 $ 3,270 Conduit potholing coordination/sub management 1 8 4 4 17 $ 2,820 Utility Potholing subconsultant (~10 potholes) $ 25,000 Task 3: Fairfield GIS 8 8 80 2 98 $ 16,970
Review GIS assets/City Coordination 2 2 2 8 2 16 $ 2,920 Spot field check of as-builts/summary 2 8 16 26 $ 4,360 DRAFT GIS files 4 2 8 40 54 $ 9,280
FINAL GIS files 2 2 4 16 24 $ 4,260
Task 4: Summary Technical Memorandum 12 12 54 4 82 $ 15,350 Task 2/Task 3 Summary and Memo Outline 2 2 8 20 32 $ 5,580 DRAFT Technical Memorandum 4 8 20 20 2 54 $ 9,970 Review City Comments 4 4 4 12 $ 2,520
FINAL Technical Memorandum 2 2 10 10 2 26 $ 4,630 Optional Optional Services 9 6 26 76 10 127 $ 21,720 Field Investigation - non City Assets 4 32 4 40 $ 6,660 City Communications Network - Preliminary Design 4 4 20 20 2 50 $ 9,010 Add as-built information to GIS files 1 2 6 24 4 37 $ 6,050 TOTAL HOURS 57 52 118 438 42 707
$ 126,650
1,200$
TOTAL COST (without optional services)127,850$
21,720$
149,570$
Subtotal Labor (without optional services):
Direct Expenses:
Optional Services
TOTAL COST (with optional services)
Fairfield Fiber and Communication Field Investigation Project October 4, 2022
Kimley-Horn and Associates, Inc.
Total Hours Total CostCategory/Title
Billing Rate
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Agenda Item No: 12.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202299 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Blanket Intergovernmental Support Agreement between the City of Fairfield and Travis Air Force Base
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
City staff and Travis Air Force Base (Travis AFB) representatives have finalized the terms of a Blanket Intergovernmental Support Agreement (Blanket IGSA). Authorization of this agreement signifies a milestone event for the City, Travis AFB, and the Travis Community Consortium (TCC) as it speaks to the level of support and cooperation between parties.
DISCUSSION
In March 2022, Travis AFB and the City, with the support of the TCC, entered into discussions with the goal to establish a Blanket IGSA. In May 2022, the City Council unanimously endorsed the Blanket IGSA effort, and the interim city manager rendered a Letter of Intent supporting the Blanket IGSA. Both parties have since negotiated the legal terms of the Blanket IGSA framework and the document is legally sufficient and ready for the council’s consideration.
The Blanket IGSA is for a maximum of ten years and a $15M dollar threshold. Travis AFB will become the second installation to establish a Blanket IGSA, and the first to establish the Blanket IGSA without an underpinning service. Underpinning services will be added to the Blanket IGSA using a Best Interest of the Air Force Analysis. Quick wins such as traffic light maintenance, road repairs, and miscellaneous engineering services will help facilitate larger scale objectives that have strategic value for the base.
Once the Blanket IGSA is signed by the city manager, a 90day notification period to the Air Force Community Partnership (AFCP) is required. The IGSA approval process is administrative; however, this is a milestone event for the City, Travis AFB, and the TCC as it speaks to the level of support and cooperation between parties. A formal “signing” ceremony with Travis AFB is proposed for after council approval and the 90day notification period for the AFCP, currently estimated for first quarter of 2023.
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Agenda Item No: 12.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202299 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Blanket Intergovernmental Support Agreement between the Cityof Fairfield and Travis Air Force Base RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity staff and Travis Air Force Base (Travis AFB) representatives have finalized the terms of a BlanketIntergovernmental Support Agreement (Blanket IGSA). Authorization of this agreement signifies amilestone event for the City, Travis AFB, and the Travis Community Consortium (TCC) as it speaks tothe level of support and cooperation between parties. DISCUSSIONIn March 2022, Travis AFB and the City, with the support of the TCC, entered into discussions with thegoal to establish a Blanket IGSA. In May 2022, the City Council unanimously endorsed the BlanketIGSA effort, and the interim city manager rendered a Letter of Intent supporting the Blanket IGSA. Bothparties have since negotiated the legal terms of the Blanket IGSA framework and the document islegally sufficient and ready for the council’s consideration. The Blanket IGSA is for a maximum of ten years and a $15M dollar threshold. Travis AFB will becomethe second installation to establish a Blanket IGSA, and the first to establish the Blanket IGSA withoutan underpinning service. Underpinning services will be added to the Blanket IGSA using a Best Interestof the Air Force Analysis. Quick wins such as traffic light maintenance, road repairs, and miscellaneousengineering services will help facilitate larger scale objectives that have strategic value for the base. Once the Blanket IGSA is signed by the city manager, a 90day notification period to the Air ForceCommunity Partnership (AFCP) is required. The IGSA approval process is administrative; however, thisis a milestone event for the City, Travis AFB, and the TCC as it speaks to the level of support andcooperation between parties. A formal “signing” ceremony with Travis AFB is proposed for after council approval and the 90day notification period for the AFCP, currently estimated for first quarter of 2023.
FINANCIAL IMPACT
There are no immediate financial impacts. Any associated authorized work will be managed through the City’s procurement and authorization process.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The council authorized the city manager to execute a Letter of Intent for an IGSA at the May 17, 2022, meeting.
ALTERNATIVE ACTION
The council may choose to not approve the proposed IGSA.
STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 4287494
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:
Description
Proposed Resolution
Proposed Agreement
REVIEWERS:
Reviewer Action Date
Kaushal, Paul Approved 11/7/2022 8:43 PM
Ballard, Kelly Approved 11/8/2022 2:07 PM
Ballard, Kelly Approved 11/8/2022 2:09 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-299
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A BLANKET INTERGOVERNMENTAL SUPPORT AGREEMENT BETWEEN
THE CITY OF FAIRFIELD AND TRAVIS AIR FORCE BASE
WHEREAS, Travis Air Force Base (Travis AFB) and the City, with the support of the Travis Community Consortium (TCC), entered into discussion in March 2022, with the goal to establish a Blanket Intergovernmental Support Agreement (Blanket IGSA); and
WHEREAS, in May 2022, the council unanimously endorsed the Blanket IGSA effort, and the interim city manager rendered a Letter of Intent supporting the Blanket IGSA; and
WHEREAS, both parties have since negotiated the legal terms of the Blanket IGSA framework and the document is legally sufficient and ready for the council’s consideration; and
WHEREAS, the Blanket IGSA is for a maximum of ten years and a $15 Million dollar threshold; and
WHEREAS, Travis AFB will become the second installation to establish a Blanket IGSA and the first to establish the Blanket IGSA without an underpinning service, and
WHEREAS, underpinning services will be added to the Blanket IGSA using a Best Interest of the Air Force Analysis; quick wins such as traffic light maintenance, road repair, and miscellaneous engineering services will help facilitate larger scale objectives that have strategic value for the base; and
WHEREAS, once the Blanket IGSA is signed by the city manager, a 90 -day notification period to the Air Force Community Partnership (AFCP) is required; and
WHEREAS, a formal signing ceremony with Travis AFB is proposed after council consideration and approval and the 90-day notification period for the AFCP, currently estimated for February 2023.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized to execute a Blanket IGSA between the City of Fairfield and Travis Air Force Base.
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RES. NO. 2022-299
PASSED AND ADOPTED this 15th day of November, 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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DEPARTMENT OF THE AIR FORCE
60TH CONTRACTING SQUADRON (AMC)
INTERGOVERNMENTAL SUPPORT AGREEMENT
BETWEEN
60TH CONTRACTING SQUADRON, TRAVIS AFB
AND
THE CITY OF FAIRFIELD
FOR INSTALLATION SUPPORT GOODS AND SERVICES
PURPOSE:
The 60th Contracting Squadron (“60 CONS”) located at Travis Air Force Base (“TAFB”) and the City of Fairfield (CoF) (together 60 CONS and CoF may be referred to herein as the “Parties") mutually agree upon an Intergovernmental Support Agreement (“IGSA”) for various goods and services for military installations located at TAFB. This IGSA provides the authority, background, scope, minimum/maximum order amounts, and terms and conditions to implement this IGSA numbered IGSA 2022_______.
AUTHORITY:
Title 10 U.S.C Section 2679.
BACKGROUND:
1. 10 U.S.C. Section 2679 (Attachment 1) authorizes Service Secretaries to enter into IGSAs on a sole source basis, with a State or local government to provide, receive, or share installation- support services if the Secretary concerned determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs. The Memorandum dated 24 Aug 2015 (Attachment 4) clarified the ability for the Air Force to use IGSAs. In a 30 January 2018 memorandum (Attachment 3), the Secretary of Air Force for Installations. Environment and Energy (SAF/IEI) further delegated this authority to Installation Commanders or Joint Base Commanders at Air Force led Joint Bases.
2. The notice of intent to enter into an IGSA to provide various goods and services has been submitted by CoF on 26 May 2022 (Attachment 2).
3. In accordance with the Memorandum dated 30 January 2018 (Attachment 3) an IGSA is limited to having a total 10-Year Life Cycle Cost of less than $15 Million per installation for support services that would otherwise be spent using appropriated or non-appropriated funds.
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2 DEFINITIONS:
1. “Contracting Officer” means a person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
2. “Contract” means an agreement for goods, services, or construction entered into by the City of Fairfield and a Contractor to provide installation support to Travis Air Force Base.
3. “Contractor” means the individual or entity performing work or services under each order from Travis Air Force Base.
4. “Installation Commander” means the individual with ultimate responsibility for operating the airfield and for base operations (normally a wing or group commander), as determined by the MAJCOM. (32 CFR Attachment 1, Part 855.)
5. “Intergovernmental Support Agreement” or “IGSA” means the blanket agreement authorizing the provision of installation support goods and services by the local government pursuant 10 U.S.C. section 2679.
SCOPE:
The intent of this IGSA is for CoF to provide various installation support goods, services, or construction to TAFB for a 10-year ordering period and up to fifteen million dollars ($15,000,000).
CEILING MONITORING:
1. Ceiling Monitoring: The ceiling will be jointly enforced and tracked by CoF and 60 CONS. 60 CONS will provide CoF projected workload estimates for planning and budgetary purposes.
2. Contract Type: All orders will be issued as a firm fixed price contract.
TERMS AND CONDITIONS:
1. Contracts entered into pursuant to this IGSA will reflect the terms and conditions of a commercial Contract subject to the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items. It is the goal of this IGSA to streamline and make more efficient and cost saving the procurement process. In an effort to lessen the administrative cost burden of performing the Contract, TAFB waives the reporting requirements of the herein referenced FARs. In addition, construction terms and conditions will be required to be consistent with those listed in FAR Part 36, Construction. The project execution will be a commercial order on the Standard Form 1449 (SF 1449). The following commercial provisions and clauses and construction requirements apply to all executed orders:
a. 52.212-1. Instructions to Offerors
Packet Page 269 of 490Attachment 2 Page 2 of 6
3 b. 52.212-2. Evaluation - Commercial Items
c. 52.212-3. Offeror Representations and Certifications d. 52.212-4. Contract Terms and Conditions
e. 52.212-5. Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial hems
f. Other Contracts: The Federal Government may undertake or award other contracts for additional work at or near the site of the work under an order. The Contractor shall fully cooperate with the other contractors and with Federal Government employees and shall carefully adapt scheduling and performing the work under an order to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Federal Government employees.
2. Request for quote process: CoF will receive Requests for Quotes (RFQs) on the SF 1449.
The RFQ should include definitive descriptions of the various goods and services to be provided to TAFB, quantities and include minimal commercial clauses. The Unit of Issue will vary based on the order. The period of performance will be enforced and outlined in the solicitation. Unless otherwise agreed to by the parties. CoF has 30 calendar days to provide a quotation after receipt of the RFQ. 60 CONS may request a shorter response date or grant additional time to respond. A question-and-answer period is allowed. CoF will submit any questions within ten business days after receipt of the RFQ. Certified funds shall be obtained prior to 60 CONS issuing a solicitation. Upon acceptance of CoF proposal submitted in response to the RFQ, 60 CONS will execute an order to CoF and jointly agree upon a start date or delivery date. CoF is not required to respond to an RFQ and, in its sole discretion, will determine when to submit a response.
3. Under this IGSA, standing blanket purchase agreements may be executed for the provision of routine goods and services with requirements submitted per IGSA standard operating procedures.
4. Performance Work Statement (PWS)/Delivery dates: 60 CONS will provide CoF with a PWS for service requirements or delivery instructions for commodity requirements as part of the RFQ.
5. Inspection and Acceptance: 60 CONS and/or the internal government customer are responsible for inspecting and accepting all work provided under this IGSA. 60 CONS and/or the end user are responsible for inspection and/or acceptance of the various goods or services under this IGSA.
6. Quality Assurance and Performance Meetings: The CoF is responsible for ensuring all work is completed within the specified timelines and that any work performed by Contractors meets the quality standards of the CoF. 60 CONS is responsible for project management oversight, inspections, quantity measurement, and laboratory inspection as required during the performance of the IGSA. The Parties will meet regularly, but at least monthly, to discuss Packet Page 270 of 490Attachment 2 Page 3 of 6
4 the terms and conditions of the IGSA. In addition, the Parties will discuss performance, operational issues, and future planning.
7. Claims and Disputes:
If the Parties have a dispute or are in disagreement over any material aspect of either this IGSA, or any order placed pursuant to the IGSA, the Parties agree to use reasonable and best efforts to resolve the controversy or issue prior to the submission of a claim. To minimize disputes, the Parties will meet periodically, at least on a monthly basis, to discuss performance and any other issues they may have.
A claim is an assertion by one of the Parties pertaining to any matter arising under or relating to the IGSA or an order placed under the IGSA. When a claim by or against the Parties cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, then it shall be elevated to the Installation Commander. In the event the Parties are unable to mutually resolve a claim, then the claim will be reviewed by the Installation Commander for final decision.
The Installation Commander shall:
(1) Review the facts pertinent to the claim;
(2) Secure assistance from legal and other advisors;
(3) Coordinate with representatives from CoF, as appropriate; (4) Prepare a written decision that shall include—
(i) A description of the claim or dispute;
(ii) A reference to the pertinent IGSA terms;
(iii) A statement of the factual areas of agreement and disagreement; (iv) A statement of the Installation Commander’s decision, with supporting rationale; (v) A paragraph substantially as follows:
“This is the final decision of the Installation Commander. The IGSA is subject to the Contracts Dispute Act (CDA) and jurisdiction to appeal the Installation Commander's decision is dictated by the CDA. You may appeal this decision to either the Armed Services Board of Contract Appeals (ASBCA) or the Court of Federal Claims. If you decide to appeal, you must, within 90 days from the date you receive this decision, mail or otherwise furnish written notice and provide a copy to the Installation Commander from whose decision this appeal is taken. The notice shall indicate that an appeal is intended and reference the Installation Commander’s final decision and the IGSA.”
8. Contractor or employee disputes: All claims and disputes by employees of the CoF shall be resolved in accordance with state law and local governing policies and procedures. All claims and disputes by CoF Contractors arising under or relating to any Contracts or similar agreement awarded by the CoF pursuant to or related to this IGSA or any orders hereunder, shall be resolved in accordance with state law and the terms of the individual Contract. All litigation costs, including settlements and judgments, incurred or agreed to in defense of claims and disputes made by Contractors and employees of the CoF are the responsibility of the CoF, unless otherwise agreed to in writing by 60 CONS.
Packet Page 271 of 490Attachment 2 Page 4 of 6
5 9. Insurance: CoF is not required to provide insurance documentation to 60 CONS. Contractors performing for CoF are required to provide insurance documentation in accordance with the following requirements:
a. Employer's liability coverage of at least $1,000,000 shall be required. As required by the State of California, Workers’ Compensation insurance coverage in the amount of $1,000,0000 per accident for bodily injury or disease shall be required. b. Commercial General Liability coverage is required, written on the comprehensive form of policy of at least $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. c. Automobile liability policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies covering automobiles operated in the United States shall provide coverage of at least $1,000,000 per accident for bodily injury and for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
d. 52.228-5, Insurance
10. Payment Procedures: Invoices shall be submitted using Wide Area Workf1ow. Payment will be made after acceptance of the various goods or services. CoF shall follow the billing instructions below:
a. DFARS 252.204-7006. Billing Instructions
b. DFARS 252.232-7006. Wide Area Workflow Payment Instructions
11. Administrative Overhead Fee: Upon entering into a Contract pursuant to this IGSA, the Parties shall negotiate the fee due to the CoF for administrative overhead, as a percentage of the total Contract amount or otherwise.
12. Wages: In accordance with 10 U.S.C. 2679, the IGSA may use for installation support services provided by a State or local government, wage grades normally paid by that State or local government. All work performed under this IGSA shall be paid in compliance with State and local minimal wages for labor classification.
13. Small Business: CoF's purchasing policy will apply for the IGSA. Federal small business initiatives shall not apply, but CoF shall competitively acquire the various goods and services when CoF determines small businesses will be used.
14. Price Fair and Reasonable: The prices quoted by CoF are considered fair and reasonable based on competitive quotes at the state and local government contract level. CoF shall comply with the requirements of 10 U.S.C. 2679 and compete and award all various goods and services requirements utilizing CoF's applicable small business policy and goals. Where possible, CoF will leverage economies of scale to provide a price fair and reasonable to the government.
Packet Page 272 of 490Attachment 2 Page 5 of 6
6 15. Other: The following provisions and clauses apply to the IGSA and all orders:
a. 52.204-7. System for Award Management
b. 52.204-9. Personal Identity Verification of Contractor Personnel c. 52.204-1 3. System for Award Management Maintenance
d. AFFARS 5352.201-9101. Ombudsman
e. AFFARS 5352.242-9000. Contractor Access
ATTACHMENTS:
1. 10 U.S.C 2679 4 Pages 30 April 2018
2. SAF/IEI Memorandum 2 Pages 30 January 2018
3. SAF/AQC Memorandum 2 Pages 24 August 2015
TERMINATION:
This agreement may be terminated at any time, with or without cause, upon thirty (30) days written notice to the other party provided that all then existing Contracts awarded to CoF will be performed according to their terms unless terminated according to the termination provisions therein.
CONCLUSION:
This IGSA is hereby agreed upon by the City of Fairfield and the 60th Contracting Squadron.
This agreement to enter into an IGSA is the most advantageous method to provide various goods and services work requirements at Travis Air Force Base, California and associated off-base locations. The agreement shall not surpass ten years from the date signed below with a maximum ceiling of $15M. The City of Fairfield provides economies of scale that will provide a fair and reasonable price for TAFB.
NAME: _______________________________ NAME: ____________________________ City of Fairfield TAFB Contracting Officer
DATE: ________________________________ DATE: _____________________________ Packet Page 273 of 490Attachment 2 Page 6 of 6
Agenda Item No: 13.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022300 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to CWS Construction Group, Inc. for the North Bay Regional Water Treatment Plant Laboratory Improvement Project; and Resolution 2022301 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 1 to Task Order No. 3 for West Yost Associates to provide Construction Support Services for the North Bay Regional Water Treatment Plant Laboratory Improvement Project
RECOMMENDED ACTION
Adopt resolutions.
STATEMENT OF ISSUE
The Public Works Department operates a water quality laboratory located at the North Bay Regional Water Treatment Plant (NBR WTP). The laboratory was constructed when the water treatment plant was built and requires a remodel due to age and routine wearandtear. This resolution approves the plans and specifications for the NBR WTP Laboratory Improvement Project (Project) and awards a contract to CWS Construction Group, Inc. of Novato, California in the amount of $1,755,000.
On August 18, 2020, City Council adopted Resolution No. 2020161, which authorized Task Order No. 3 to West Yost Associates (WYA) to provide Architectural and Engineering Services for the design of the Project, however, Task Order No.3 did not include construction support services. Approving Amendment No.1 to Task Order No.3 will provide construction support services for the Project in the amount of $111,829.
DISCUSSION
The NBR WTP was jointly constructed by the Cities of Fairfield and Vacaville in 1988 and is operated by the City of Fairfield through a joint power’s authority agreement. The NBR WTP laboratory is a full service, Statecertified lab regulated by the California State Water Resources Control Board and accredited through the State’s Environmental Laboratory Accreditation Program. Each year, laboratory staff test thousands of water quality samples to ensure that the water is safe for public consumption.
Over the past 30 years, the laboratory has been subject to routine wearandtear prompting a remodel Packet Page 274 of 490
Agenda Item No: 13.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022300 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to CWS Construction Group, Inc. for the NorthBay Regional Water Treatment Plant Laboratory Improvement Project; and Resolution 2022301 of the City Council of the City of Fairfield Authorizing the CityManager to Execute Amendment No. 1 to Task Order No. 3 for West Yost Associates toprovide Construction Support Services for the North Bay Regional Water TreatmentPlant Laboratory Improvement Project RECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe Public Works Department operates a water quality laboratory located at the North Bay RegionalWater Treatment Plant (NBR WTP). The laboratory was constructed when the water treatment plantwas built and requires a remodel due to age and routine wearandtear. This resolution approves theplans and specifications for the NBR WTP Laboratory Improvement Project (Project) and awards acontract to CWS Construction Group, Inc. of Novato, California in the amount of $1,755,000. On August 18, 2020, City Council adopted Resolution No. 2020161, which authorized Task Order No.3 to West Yost Associates (WYA) to provide Architectural and Engineering Services for the design ofthe Project, however, Task Order No.3 did not include construction support services. ApprovingAmendment No.1 to Task Order No.3 will provide construction support services for the Project in theamount of $111,829. DISCUSSIONThe NBR WTP was jointly constructed by the Cities of Fairfield and Vacaville in 1988 and is operatedby the City of Fairfield through a joint power’s authority agreement. The NBR WTP laboratory is a fullservice, Statecertified lab regulated by the California State Water Resources Control Board andaccredited through the State’s Environmental Laboratory Accreditation Program. Each year, laboratory staff test thousands of water quality samples to ensure that the water is safe for public consumption.
Over the past 30 years, the laboratory has been subject to routine wearandtear prompting a remodel of the laboratory. The Project will remodel and reorganize approximately 1,560 square feet, replace laboratory cabinets, sinks, flooring, acoustic ceilings, plumbing, and electrical upgrades associated with the lab. There are integral functions of water treatment that can only be conducted in the laboratory; therefore a portable laboratory (trailer) will be provided by the contractor during the construction of the Project.
Bids for the Project were received from four contractors and opened on September 27, 2022. The bids ranged in price from $1,340,000 to $1,941,340. The engineer’s estimate for the Project is $2,240,000. The apparent low bidder was Pro Builders of Orangevale, California (Pro Builders). Pro Builders requested permission to withdraw the bid because they failed to include a subcontractor to perform plumbing work, a significant scope of the Project. Staff, in consultation with the city attorney, reviewed the bid and withdrawal request. The request meets all of the following requirements for bidder’s proof of mistake under Public Contract Code Section 5103:
1. A mistake was made.
In the bid submitted by Pro Builders, a plumbing subcontractor was not listed on the subcontractor listing
2. [The bidder] gave the public entity written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred.
Notice of the mistake was given to the City, in writing, within five working days after the bid opening.
3. The mistake made the bid materially different than he or she intended it to be.
Pro Builders did not include a plumbing subcontractor as a part of their bid. Pro Builders does not have the staff to perform the plumbing work. The plumbing work is a significant portion of the overall scope of work of the Project.
4. The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.
Pro Builders made a mistake while filling out the bid by failing to include the cost for a plumbing subcontractor.
CWS Construction Group, Inc. of Novato, California (CWS), submitted the second lowest bid in the amount of $1,755,000. Staff has reviewed all bids for compliance with the bid requirements and recommends a relief of the bid for Pro Builders without forfeiture of bid security. Staff further recommends that council award the contract to CWS. CWS and their subcontractors are appropriately licensed and have completed projects of similar size and complexity for other local agencies.
WYA has played an integral role in the Project by preparing the design Plans and Specifications. With the exception of the Pro Builders bid, the bids for the Project were close and competitive, which indicates that the Plans and Specifications were wellprepared. Since WYA understands the technical details of the design of the Project, staff recommends authorizing Amendment No. 1 to Task Order No. 3 with WYA for construction support services for the Project in the amount of $111,829. WYA will support the public works inspector with submittal review, responding to Requests for Information (RFIs), and asneeded design clarifications.
FINANCIAL IMPACT
Total authorization for the construction of the Project will be $1,930,500, which is the total bid amount, plus a 10% contingency ($1,755,000 total bid + $175,500 contingency). The total authorization for the construction support services (Task Order No. 3) will be $111,829. The construction of the Project has Packet Page 275 of 490
Agenda Item No: 13.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022300 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to CWS Construction Group, Inc. for the NorthBay Regional Water Treatment Plant Laboratory Improvement Project; and Resolution 2022301 of the City Council of the City of Fairfield Authorizing the CityManager to Execute Amendment No. 1 to Task Order No. 3 for West Yost Associates toprovide Construction Support Services for the North Bay Regional Water TreatmentPlant Laboratory Improvement Project RECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe Public Works Department operates a water quality laboratory located at the North Bay RegionalWater Treatment Plant (NBR WTP). The laboratory was constructed when the water treatment plantwas built and requires a remodel due to age and routine wearandtear. This resolution approves theplans and specifications for the NBR WTP Laboratory Improvement Project (Project) and awards acontract to CWS Construction Group, Inc. of Novato, California in the amount of $1,755,000. On August 18, 2020, City Council adopted Resolution No. 2020161, which authorized Task Order No.3 to West Yost Associates (WYA) to provide Architectural and Engineering Services for the design ofthe Project, however, Task Order No.3 did not include construction support services. ApprovingAmendment No.1 to Task Order No.3 will provide construction support services for the Project in theamount of $111,829. DISCUSSIONThe NBR WTP was jointly constructed by the Cities of Fairfield and Vacaville in 1988 and is operatedby the City of Fairfield through a joint power’s authority agreement. The NBR WTP laboratory is a fullservice, Statecertified lab regulated by the California State Water Resources Control Board andaccredited through the State’s Environmental Laboratory Accreditation Program. Each year, laboratorystaff test thousands of water quality samples to ensure that the water is safe for public consumption. Over the past 30 years, the laboratory has been subject to routine wearandtear prompting a remodelof the laboratory. The Project will remodel and reorganize approximately 1,560 square feet, replacelaboratory cabinets, sinks, flooring, acoustic ceilings, plumbing, and electrical upgrades associatedwith the lab. There are integral functions of water treatment that can only be conducted in the laboratory;therefore a portable laboratory (trailer) will be provided by the contractor during the construction of theProject. Bids for the Project were received from four contractors and opened on September 27, 2022. The bidsranged in price from $1,340,000 to $1,941,340. The engineer’s estimate for the Project is$2,240,000. The apparent low bidder was Pro Builders of Orangevale, California (Pro Builders). ProBuilders requested permission to withdraw the bid because they failed to include a subcontractor toperform plumbing work, a significant scope of the Project. Staff, in consultation with the city attorney,reviewed the bid and withdrawal request. The request meets all of the following requirements forbidder’s proof of mistake under Public Contract Code Section 5103:1. A mistake was made.In the bid submitted by Pro Builders, a plumbing subcontractor was not listed on the subcontractorlisting2. [The bidder] gave the public entity written notice within five working days, excludingSaturdays, Sundays, and state holidays, after the opening of the bids of the mistake,specifying in the notice in detail how the mistake occurred.Notice of the mistake was given to the City, in writing, within five working days after the bidopening.3. The mistake made the bid materially different than he or she intended it to be.Pro Builders did not include a plumbing subcontractor as a part of their bid. Pro Builders doesnot have the staff to perform the plumbing work. The plumbing work is a significant portion of theoverall scope of work of the Project.4. The mistake was made in filling out the bid and not due to error in judgment or tocarelessness in inspecting the site of the work, or in reading the plans or specifications.Pro Builders made a mistake while filling out the bid by failing to include the cost for a plumbingsubcontractor. CWS Construction Group, Inc. of Novato, California (CWS), submitted the second lowest bid in theamount of $1,755,000. Staff has reviewed all bids for compliance with the bid requirements andrecommends a relief of the bid for Pro Builders without forfeiture of bid security. Staff furtherrecommends that council award the contract to CWS. CWS and their subcontractors are appropriatelylicensed and have completed projects of similar size and complexity for other local agencies. WYA has played an integral role in the Project by preparing the design Plans and Specifications. Withthe exception of the Pro Builders bid, the bids for the Project were close and competitive, whichindicates that the Plans and Specifications were wellprepared. Since WYA understands the technicaldetails of the design of the Project, staff recommends authorizing Amendment No. 1 to Task Order No.3 with WYA for construction support services for the Project in the amount of $111,829. WYA willsupport the public works inspector with submittal review, responding to Requests for Information (RFIs),and asneeded design clarifications. FINANCIAL IMPACTTotal authorization for the construction of the Project will be $1,930,500, which is the total bid amount, plus a 10% contingency ($1,755,000 total bid + $175,500 contingency). The total authorization for the construction support services (Task Order No. 3) will be $111,829. The construction of the Project has been budgeted in the Water Capital Fund (Fund 456, Project 10349).
The City of Vacaville has been notified of the Project construction and construction support services costs and has agreed that the cost of the Project will be proportionately split between the Cities of Fairfield and Vacaville, at 2/3 and 1/3, respectively.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this Project was advertised twice in the Daily Republic newspaper on August 26 and September 2, 2022. In addition, staff distributed a notice of the Project and/or a complete bid package to a total of 17 builder’s exchanges in the State of California covering the area from Redding to San Jose, and Stockton to Santa Rosa. A total of two contractors purchased bid documents for the Project.
ALTERNATIVE ACTION
The council may choose not to award the contract, reject all bids, and restart the bid process, thus resulting in a significant delay in the construction project schedule. Not awarding the contract would prevent the remodel of the water quality laboratory to be completed and potentially risk the City’s ability to maintain accreditation and certifications with the State.
STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 4287505
[email protected]
COORDINATED WITH
City of Vacaville
ATTACHMENTS:
Description
Attachment 1: Bid Results
Attachment 2: Proposed Resolution Awarding a Contract Attachment 3: Proposed Resolution Task Order Amendment Attachment 4: Proposed Task Order
REVIEWERS:
Reviewer Action Date
Kaushal, Paul Approved 11/7/2022 8:40 PM
Ballard, Kelly Approved 11/8/2022 2:01 PM
Ballard, Kelly Approved 11/8/2022 2:03 PM
Packet Page 276 of 490
City of Fairfield
Public Works Department
NBR WTP Laboratory Improvement Project
NAME OF PROJECT
September 27, 2022, 3:00 p.m.
DATE OF BID
NO. BIDDER AMOUNT
1 Swierstok Enterprise, Inc. DBA Pro
Builders Orangevale, CA $1,340,000.00
2 CWS Construction Group, Inc. Novato, CA $1,755,000.00 3 Rodan Builders, Inc. Hayward, CA $1,849,000.00
4 MBC Enterprises, Inc. Huntington
Beach, CA $1,941,340.00
Engineer’s Estimate $2,240,000.00
Packet Page 277 of 490Attachment 1 Page 1 of 1
CITY OF FAIRFIELD
RESOLUTION NO. 2022-300
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO CWS CONSTRUCTION GROUP, INC. FOR
THE NORTH BAY REGIONAL WATER TREATMENT PLANT LABORATORY IMPROVEMENT
PROJECT
WHEREAS, the bid opening for the North Bay Regional Water Treatment Plant Laboratory Improvement Project (Project) took place on September 27, 2022; and
WHEREAS, Pro Builders, Inc. submitted the apparent low bid but requested withdrawal of the bid and return of its bid security; and
WHEREAS, based on the City’s review of the facts presented by Pro Builders, the City has determined that Pro Builders is eligible for such relief pursuant to Public Contract Code Section 5103; and
WHEREAS, CWS Construction Group, Inc. is the lowest responsive and responsible bidder in the amount of $1,755,000; and
WHEREAS, staff has reviewed the bid documents from CWS Construction Group, Inc. and found them to be in order; and
WHEREAS, staff is recommending that the City Council award the contract to CWS Construction Group, Inc. as the lowest responsive and responsible bidder.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section1. The plans and specifications for the North Bay Regional Water Treatment Plant Laboratory Improvement Project are hereby approved.
Section 2. Pro Builders, Inc. is relieved of its obligation to perform work related to the Project for the bid amount without forfeiture of bid security.
Section 3. The city manager is authorized to enter into a contract with CWS Construction Group, Inc. for the North Bay Regional Water Treatment Plant Laboratory Improvement Project in the amount of $1,755,000.
Section 4. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.
Packet Page 278 of 490Attachment 2 Page 1 of 2
RES. NO. 2022-300
PASSED AND ADOPTED this 15th day of November, 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 279 of 490Attachment 2 Page 2 of 2
CITY OF FAIRFIELD
RESOLUTION NO. 2022-301
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO TASK ORDER NO. 3 FOR WEST YOST
ASSOCIATES TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR THE NORTH BAY
REGIONAL WATER TREATMENT PLANT LABORATORY IMPROVEMENT PROJECT
WHEREAS, the North Bay Regional Water Treatment Plant Laboratory Improvement Project (Project) has been successfully bid; and
WHEREAS, On August 18, 2020, the City of Fairfield authorized Task Order 3 with West Yost Associates for engineering and design services for the Project; and
WHEREAS, staff is requesting professional engineering technical services from West Yost Associates for construction support services for the Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute Amendment No. 1 to Task Order No. 3 between the City of Fairfield and West Yost Associates for the North Bay Regional Water Treatment Plant Laboratory Improvement Project.
Section 2. Amendment No. 1 will increase the maximum fee by $111,829 for a total not-to- exceed fee of $359,720.
Packet Page 280 of 490Attachment 3 Page 1 of 2
RES. NO. 2022-301
PASSED AND ADOPTED this 15th day of November, 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 281 of 490Attachment 3 Page 2 of 2
CITY OF FAIRFIELD
TASK ORDER
Task Order No. 3a
Contract: Agreement for On-Call Design Engineering Services Dated April 22, 2019, pursuant to Resolution No. 2019 - 81
Consultant: West Yost Associates
Project: North Bay Regional Water Treatment Plant Laboratory Improvement Project – Construction Phase Services
Scope of Work: CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.” Exhibits:
A. Scope of Services and Fee Estimate dated August 26, 2022
Fee - Dollar Amount of Task Order: Not to exceed $111,829.00
City Account Code: 4560899 (10349)
Construction Support Services Through: December 31, 2023
Packet Page 282 of 490Attachment 4 Page 1 of 5
8950 Cal Center Drive
Bldg. 1, Suite 363
Sacramento CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
August 26, 2022 SENT VIA: EMAIL
Brandan Hiltman
North Bay Regional Water Treatment Manager
Public Works Department, City of Fairfield
5110 Water Works Lane
Fairfield, CA 94533
SUBJECT: North Bay Regional Water Treatment Plant Laboratory Improvement Project – Proposal to Provide Engineering Services During Construction
Dear Mr. Hiltman:
West Yost is pleased to submit this proposal to provide engineering services during construction (ESDC) for the North Bay Regional Water Treatment Plant (NBRWTP) Laboratory Improvement Project (Project).
Our proposed scope of work and fee for this Project are detailed in the following sections.
SCOPE OF WORK
West Yost proposes to provide engineering services during construction for the Project under the following tasks:
Task 1. Submittal Review
Task 2. Respond to Requests for Information (RFIs)
Task 3. Design Clarifications
Task 4. Meetings/Site Visits
Task 5. Project Management
Each of these tasks are described in detail below.
Task 1. Submittal Review
The West Yost team will review Contractor submittals (e.g. shop drawings, product data, samples, operations and maintenance (O&M) manuals, etc.) for conformance with the design concepts and general compliance with the Contract Documents and provide review comments on a West Yost standard submittal review form. This task will also include development and maintenance of a submittal log.
The budget for this task assumes the following: the West Yost team will provide responses to up to 10 architectural submittals; 20 mechanical/HVAC/plumbing submittals; 4 electrical submittals; the Packet Page 283 of 490Attachment 4 Page 2 of 5
Brandan Hiltman
August 26, 2022
submittal review process will be conducted in PDF format; and the process will be coordinated by the Construction Manager.
Task 1 Assumptions
The submittal review process will be coordinated by the Construction Manager
Task 1. Deliverables
One (1) electronic copy of submittal review form and related materials for each submittal
Task 2. Respond to Requests for Information (RFIs)
The West Yost team will review requests for information (RFIs) submitted by the Contractor and will provide responses to each RFI on a West Yost standard response form. This task will also include development and maintenance of a submittal log.
The budget assumes the West Yost team will provide responses to up to 22 Contractor RFIs; the RFI process will be conducted in PDF format; and the process will be coordinated by the Construction Manager.
Task 2 Assumptions
The RFI process will be coordinated the Construction Manager
Task 2 Deliverables
One (1) electronic copy of RFI response form and related materials for each RFI
Task 3. Design Clarifications
The West Yost team will develop as-needed design clarifications and provide new or amended contract documents for inclusion in a change order. The budget for this task includes preparation of up to 5 design clarifications or change orders and includes up to 50 hours for engineering, drafting, and administrative activities.
Task 3 Deliverables
One (1) electronic copy of design clarification memoranda and amended contract documents for each change order
Task 4. Meetings & Site Visits
The West Yost team will attend regularly scheduled meetings with City staff, the Construction Manager, and Contractor’s representatives. In addition, at the Construction Manager’s request, the West Yost team will visit the project site to provide advice and assistance, or to answer any questions that may arise concerning design intent.
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Brandan Hiltman
August 26, 2022
The anticipated meetings and site visits are summarized in Table 1 below. As shown, some meetings are assumed to be teleconferences and some meetings are assumed to be in-person meetings.
Table 1. Anticipated Meetings & Site Visits
Meeting
Description Meeting Type Frequency
Estimated
Meeting Length Total Meetings
Staff per
Meeting
Pre-Construction
Meeting In-Person Once 4 hours (including
travel time & prep) 1 1
Regular
Progress Meetings Phone Call Bi-Weekly 1 hour 20 1
As-Needed
Site Visits In-Person As-Needed 4 hours (including
travel time & prep) 10 2
Task 4 Deliverables
Site Visit Notes
Task 5. Record Drawings
Upon completion of the project, the West Yost team will produce project record drawings. West Yost will perform this task using information provided from the Contractor’s working record drawings. Record drawings will omit the engineer’s stamp and signature.
Task 6. Project Management
This task includes overall project management of scope, schedule, and budget; regular communication with City; coordination with subconsultants; quality assurance/quality control (QA/QC); and preparation of monthly progress reports and invoices.
Task 7 Deliverables
One (1) electronic copy of progress report and invoice per month
ESTIMATED FEE
Services will be performed on a time and materials basis in accordance with the West Yost team’s standard rates at the time the services are performed. The estimated fees for each task are shown in Table 2. We will not exceed the Total Estimated Fee without prior authorization from the City.
Table 2. Estimated Fee by Task and Subtask
Task No. Task Estimated Fee, dollars
1. Submittal Review 30,720
2. Respond to Requests for Information 14,074
3. Design Clarifications 12,775
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Brandan Hiltman
August 26, 2022
Table 2. Estimated Fee by Task and Subtask
Task No. Task Estimated Fee, dollars
4. Meetings & Site Visits 30,692
5. Record Drawings 9,457
5. Project Management 14,112
Design Services During Construction $111,829
Thank you for providing West Yost the opportunity to be of continued service to the City of Fairfield.
We look forward to working with you on this important project. Please call if you have any questions or require additional information.
Sincerely,
WEST YOST
Bill Schilling Tim Banyai
Project Manager Treatment Business Sector Manager
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Agenda Item No: 14.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022302 of the City Council of the City of Fairfield Authorizing the City Manager to Execute the 2022 Amended and Restated Clipper® Memorandum of Understanding
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Metropolitan Transportation Commission (MTC) has integrated what would be Amendment No. 3 to the 2015 Restated Clipper Memorandum of Understanding (MOU) into the 2022 Amended and Restated Clipper Memorandum of Understanding (2022 MOU), reflecting program changes driven by the Next Generation Clipper (Clipper 2) system currently in development which includes the use of mobile phones for fare payment, improved operator account management and revised costsharing formulas for multiple contracts. Approval of the 2022 MOU is required for the City to continue participating in the Clipper Fare Program (Clipper or Clipper Program).
DISCUSSION
On October 6, 2015, the City adopted Resolution No. 2015226 approving the execution of the MOU with the MTC. On October 3, 2017, the City adopted Resolution No. 2017224 approving the execution of Amendment No. 1 to the MOU. On September 15, 2020, the City adopted Resolution No. 2020183 approving the execution of Amendment No. 2 to the MOU.
The purpose of the amended and restated 2022 MOU is to document the following:
Operator, MTC, and contracting agency responsibilities in support of the Clipper Program The role and responsibilities of the Clipper Executive Board and Clipper Executive Director The terms for adding new operators or affiliated participants The approach to allocating Clipper and Regional Transit Connection Program costs between MTC and the operators, as well as among the operators
Clipper Program goals and performance measures
Approval of the 2022 MOU is required for the City to continue participating in the Clipper Program which provides passengers the ability to store funds on a “tap and go” card to ride our services and 22 Packet Page 287 of 490
Agenda Item No: 14.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022302 of the City Council of the City of Fairfield Authorizing the CityManager to Execute the 2022 Amended and Restated Clipper® Memorandum ofUnderstandingRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Metropolitan Transportation Commission (MTC) has integrated what would be Amendment No. 3 tothe 2015 Restated Clipper Memorandum of Understanding (MOU) into the 2022 Amended andRestated Clipper Memorandum of Understanding (2022 MOU), reflecting program changes driven bythe Next Generation Clipper (Clipper 2) system currently in development which includes the use ofmobile phones for fare payment, improved operator account management and revised costsharingformulas for multiple contracts. Approval of the 2022 MOU is required for the City to continueparticipating in the Clipper Fare Program (Clipper or Clipper Program).DISCUSSIONOn October 6, 2015, the City adopted Resolution No. 2015226 approving the execution of the MOUwith the MTC. On October 3, 2017, the City adopted Resolution No. 2017224 approving the executionof Amendment No. 1 to the MOU. On September 15, 2020, the City adopted Resolution No. 2020183approving the execution of Amendment No. 2 to the MOU. The purpose of the amended and restated 2022 MOU is to document the following:Operator, MTC, and contracting agency responsibilities in support of the Clipper ProgramThe role and responsibilities of the Clipper Executive Board and Clipper Executive DirectorThe terms for adding new operators or affiliated participants The approach to allocating Clipper and Regional Transit Connection Program costs betweenMTC and the operators, as well as among the operatorsClipper Program goals and performance measures Approval of the 2022 MOU is required for the City to continue participating in the Clipper Program which provides passengers the ability to store funds on a “tap and go” card to ride our services and 22 other participating Bay Area Transit Operators. The modifications made are administrative in nature and provide no fiscal impact to the City.
FINANCIAL IMPACT
There is no impact to the General Fund as a result of this 2022 MOU. All operating and capital expenses for Fairfield and Suisun Transit are supported using specific State and Federal transportation revenue sources as well as revenue collected at the fare box.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Clipper electronic fare card payment program is a regional fare media program that allows passengers to freely utilize services provided by all bay area public transportation providers. The City Council may choose to not provide authorization to the city manager to execute the 2022 MOU, however, that would impact our ability to participate in the regional Clipper fare program.
STAFF CONTACT
Amber Villarreal, Operations Manager – Transit
(707) 4343804
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
Proposed Agreement
REVIEWERS:
Reviewer Action Date
Kaushal, Paul Approved 10/31/2022 7:53 PM
Beavers, Esther Approved 11/1/2022 11:18 AM
Beavers, Esther Approved 11/1/2022 11:18 AM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-302
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2022 AMENDED AND RESTATED CLIPPER® MEMORANDUM OF
UNDERSTANDING
WHEREAS, the City approved and executed the 2015 Amended and Restated Clipper Memorandum of Understanding (MOU) by Resolution No. 2015 -226; and
WHEREAS, the City approved and executed Amendment No. 1 to the MOU by Resolution No. 2017-225; and
WHEREAS, the City approved and executed Amendment No. 2 to the MOU by Resolution No. 2020-183; and
WHEREAS, the City wishes to maintain and operate the Clipper fare media program on its local transit services to provide an effective alternative to using cash; and
WHEREAS, the City seeks to adopt the 2022 Amended and Restated Clipper® Memorandum of Understanding (2022 MOU) with the Metropolitan Transportation Commission (MTC); and
WHEREAS, there is no impact to the General Fund as a result of this 2022 MOU.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute the 2022 Amended and Restated Clipper® Memorandum of Understanding by and between the City of Fairfield and the MTC.
Section 2. The city manager is hereby authorized and directed to execute future administrative amendments to the 2022 MOU by and between the City of Fairfield and the MTC for the Clipper program, providing that there is no fiscal impact to the City.
Section 3. The director of public works and transportation manager are hereby authorized to do all things necessary and proper to implement and maintain the 2022 MOU.
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RES. NO. 2022-302
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
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2022 AMENDED AND RESTATED CLIPPER® MEMORANDUM OF UNDERSTANDING This 2022 Amended and Restated Clipper® Memorandum of Understanding (the "MOU") is entered into as of the 1st day of October, 2022 (the “Effective Date”), by and among the Metropolitan Transportation Commission ("MTC") and the following transit operators participating in the Clipper® Program (referred to herein individually as an "Operator" or collectively as the "Operators")1:
Alameda-Contra Costa Transit District ("AC Transit"); Golden Gate Bridge Highway and Transportation District ("GGBHTD"); the San Francisco Bay Area Rapid Transit District ("BART"); the City and County of San Francisco, acting by and through its Municipal Transportation Agency ("SFMTA"); the San Mateo County Transit District ("SamTrans"); the Santa Clara Valley Transportation Authority ("VTA"); the Peninsula Corridor Joint Powers Board ("Caltrain"); Central Contra Costa Transit Authority; City of Fairfield, as the operator of Fairfield and Suisun Transit; City of Petaluma; Eastern Contra Costa Transit Authority; Livermore/Amador Valley Transit Authority; Marin County Transit District; Napa Valley Transportation Authority; Solano County Transit; Sonoma County Transit; Sonoma-Marin Area Rail Transit; Vacaville City Coach; Western Contra Costa Transit Authority; San Francisco Bay Area Water Emergency Transportation Authority; City of Santa Rosa; and City of Union City; and any other New Operator Participants in accordance with Article VI.A of the MOU.
MTC and the Operators are referred to herein collectively as the "Parties" or individually as a "Party".
Recitals
1. On July 2, 2009, MTC entered into a contract (the “Clipper Contract”) with Cubic Transportation Systems, Inc., to implement, operate and maintain the Clipper fare payment system on behalf of the Operators (“Clipper Program”) through November 2, 2019, which contract was extended on June 30, 2017, for a period of up to five years (November 2, 2024).
2. On February 19, 2016, MTC and the Operators entered into an Amended and Restated Clipper Memorandum of Understanding, replacing a previous MOU that delineated the MTC and Operator responsibilities for the Clipper Program, which was subsequently amended on April 17, 2017; October 1, 2020; and September 1, 2021 (“2016 MOU”).
3. On September 26, 2018, MTC, as Contracting Agency under the 2016 MOU, entered into a contract (the “Next Generation Clipper Contract”) with Cubic Transportation Systems, Inc. (the “Clipper Contractor”) to act as system integrator for the Next Generation Clipper system, including system design, development and testing, installation and transition, operations and maintenance, and end-of-1term transition. The Next Generation Clipper system will implement an account-based payment system.
4. Effective September 1, 2021, the 2016 MOU transferred responsibility for management and oversight of the Regional Transit Connection Discount Card Program (RTC Program), which provides people with disabilities with discounted access to fixed-route transit, to the Clipper
1 Clipper® is a registered trademark of MTC. Henceforth, all references to Clipper, with or without the registered trademark designation, will be to the MTC registered trademark.
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Executive Board and responsibility for the administration of the RTC Program to MTC, pending development and implementation of a new RTC Program database.
5. The Parties now wish to amend and restate the 2016 MOU to reflect changes to the Clipper program brought about by the implementation of the Next Generation Clipper system and the expanded use of Clipper since 2016, including a revised cost-sharing formula applicable to the RTC Program and tailored to the Next Generation Clipper account-based fare payment system.
6. For purposes of this MOU, references to the Clipper Program, Clipper fare payment system, or Clipper refer collectively to the systems implemented under the Clipper Contract, the Next Generation Clipper Contract, and other contracts to be entered into to implement and operate the Next Generation Clipper system. The term Clipper Contract refers to both the Clipper Contract and the Next Generation Clipper Contract, as appropriate.
ARTICLE I
Operator Responsibilities
Each Operator agrees to:
A. Implement and operate the Clipper fare payment system in accordance with the Clipper Operating Rules, as adopted and amended from time to time, consistent with the consultation and approval process set forth in Appendix A, Process for Amending Clipper Operating Rules, attached hereto and incorporated herein by this reference. The Clipper Operating Rules establish operating parameters and procedures for the consistent and efficient operation of Clipper throughout the region. The current version of the Clipper Operating Rules is available on MTC's website at http://clipper.mtc.ca.gov .
B. Pay its share of Clipper costs, including costs of the salary of additional Clipper staff necessary to support the Executive Board, according to Appendix B, Clipper® Cost and Revenue Allocation, as amended, attached hereto and incorporated herein by this reference. Changes to Appendix B require an amendment to the MOU in accordance with Article XI.A.
C. Make its facilities and staff available for implementation and operation of Clipper. Any Operator and the Contracting Agency may agree to an Operator-specific implementation plan, setting forth specific requirements regarding implementation and operation of Clipper for such Operator.
D. Make determinations regarding the placement of Clipper Equipment, as defined in the Next Generation Clipper Contract, on the Operator's facilities and equipment; perform necessary site preparation; attend Clipper Contractor training on the use of the Clipper Equipment; and provide training to employees using the Clipper Equipment.
E. Participate in as-needed reviews of the cost and revenue allocation formula in Appendix B, to support fairness among Operators and to accommodate changes in shared operation costs.
F. Implement, operate and promote Clipper as its primary fare payment system, including the primary mobile payment system, and refrain from establishing other fare payment systems or fare policies that could deter or discourage frequent transit riders’ preference to use Clipper. Each Operator agrees to set fares so that fares paid with Clipper are equivalent or lower than fares paid either with cash or other forms of payment. No new Packet Page 292 of 490Attachment 2 Page 2 of 31
Amended and Restated Clipper® Memorandum of Understanding Version 2
non-Clipper prepaid fare product, other than for promotional, special event or limited- audience—e.g., tourist—fares, shall be created by any Operator without consulting with and receiving prior written approval from the Clipper Executive Board.
G. Provide appropriate training to employees who have Clipper-related operations responsibilities, so that those personnel are able to carry out the requirements placed on Operators in this MOU, including, but not limited to, vehicle operators, station agents, conductors, customer service personnel, proof-of-payment officers, ticket sales staff and any other personnel responsible for interacting with customers concerning fare payment.
H. Perform first-line maintenance on Clipper Equipment located at their facilities or on their vehicles; promptly notify the Clipper Contractor when second-line maintenance of Clipper Equipment is needed; promptly notify the Contracting Agency and the Clipper Contractor of any issues affecting daily financial reconciliation or accuracy of system reports; issue all types (including, but not limited to, cards configured as senior or youth) of Clipper cards; add value to existing Clipper cards from all customer service terminals located at their business facilities; and provide at least the same level of front-line customer service to their patrons using Clipper as to patrons using other forms of fare payment.
I. Take financial responsibility for the cost of replacement of Clipper Equipment damaged in-service due to vandalism or any other cause for which the risk of loss is not with the Clipper Contractor pursuant to the Clipper Contract or Next Generation Clipper Contract or covered by warranty under the applicable Clipper contract.
J. Provide General Transit Feed Specifications (GTFS) for the development, implementation, operation, and maintenance of the Clipper mobile application.
K. Support the Contracting Agency in its administration and operation of the RTC Program, as set forth in Article III.M, and pay its share of RTC Program costs, according to Appendix B, attached hereto and incorporated herein by this reference, as it may be amended, from time to time.
ARTICLE II
MTC Responsibilities
MTC agrees to:
A. Fund a portion of the Clipper operating and maintenance costs, including costs of the salary of additional Clipper staff necessary to support the Executive Board, as set forth in Appendix B. Subject to availability of necessary funds, inclusion of projects in the Regional Transportation Plan and Transportation Improvement Program where necessary, and receipt of all necessary Commission approvals, budget appropriations and allocations, MTC will continue to fund capital and Contracting Agency operating costs in the manner that it has funded capital and Contracting Agency operating costs to date through a dedicated allocation of federal, state and local funds, both discretionary and project-designated. Recommended annual capital allocations will be identified in the work plan approved by the Executive Board. (See Article IV.C.4.) B. Retain all books, papers, records, documents, and other materials pertaining to its responsibilities under Appendix B (the “Materials") in accordance with federal grant and Packet Page 293 of 490Attachment 2 Page 3 of 31
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audit requirements and generally accepted accounting principles and make the Materials available to Parties upon request through reasonable means and at reasonable times.
Parties may request that Materials be made available for the most recently closed fiscal year during the term of this MOU and for up to one year thereafter; provided, however, that nothing in this Article II.B is intended to limit a Party's rights to obtain records under the California Public Records Act (Government Code Section 6250 et seq.) or San Francisco’s Sunshine Ordinance (see Appendix E).
C. Continue to serve as the Contracting Agency (described in Article III), and continue to provide adequate staffing to support the Clipper program under the direction of the Clipper Executive Director (described in Article V), until such time as the Executive Board designates, and MTC's Commission approves, the assignment of MTC's duties as Contracting Agency to another Party pursuant to Article IV.D.
D. Employ the Clipper Executive Director (described in Article V). MTC reserves the right to make decisions regarding hiring, promotion, termination, compensation, and removal of the initial Clipper Executive Director. Selection of a successor Executive Director shall be in accordance with Article III.I.
E. Continue to create, maintain, and protect all copyrights and other intellectual property necessary or convenient for the operation of the Clipper fare payment system, including the Clipper brand, trademark and design, and provide any necessary licenses to use such intellectual property to the Contracting Agency, if other than MTC.
F. Enter into supplemental agreements with new Operator Participants in accordance with Article VI.A.
G. Enter into Affiliate Participant agreements in accordance with Article VI.B.
ARTICLE III
Contracting Agency Responsibilities
The Contracting Agency agrees to:
A. On behalf of the Parties, procure, award, manage and carry out the duties and responsibilities of the Clipper Program under all contracts necessary for the expansion, modification, modernization, operation, maintenance, marketing and customer service of the Clipper fare payment system, including the Clipper Contract, Next Generation Clipper Contract, contracts for the Next Generation customer service center, the payment gateway, fare media contracts (“Other Next Generation Clipper Contracts”; see Appendix B-3), and any contracts for associated professional or technical services for the Clipper program as a whole.
B. Establish, manage, and implement Clipper Operating Rules in accordance with Appendix A.
C. Provide regular updates (at least quarterly) on the Clipper Program to the Parties.
D. Support the Parties with respect to Articles I.E and II.A by providing system data affecting the cost allocation formula.
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E. Own specified Clipper Equipment, as may be required by grant or funding agency rules and regulations, and transfer ownership, to the greatest extent permitted under such rules and regulations, to any successor Contracting Agency.
F. Hold and manage the Clipper bank accounts and act as an agency in trust for the benefit of the cardholders for funds deposited by the cardholders for the ultimate use on the services provided by the Operators, and for the benefit of the Operators for funds due to Operators until dispersed to such Operators.
G. Conduct an as-needed contract compliance audit covering Clipper Program revenue collection and allocation and cost allocation responsibilities under the MOU and provide a copy of the complete audit report to all Parties upon conclusion of each such audit.
H. Retain all books, papers, records, documents, and other materials pertaining to its responsibilities under Appendix B (the “Materials") in accordance with federal grant and audit requirements and generally accepted accounting principles and make the Materials available to Parties upon request through reasonable means and at reasonable times.
Parties may request that Materials be made available for the most recently closed fiscal year during the term of this MOU and for up to one year thereafter; provided, however, that nothing in this Article III.H is intended to limit a Party's rights to obtain records under the California Public Records Act (Government Code §§ 6250 et seq.), subject to the restrictions on the handling and confidentiality of personally identifiable information (“PII”) set forth in California Streets and Highways Code Section 31490.
I. Engage the Clipper Executive Director in accordance with Article V. The Contracting Agency reserves the right to make decisions regarding hiring, promotion, termination, compensation, and removal of the Clipper Executive Director provided that the Contracting Agency shall not engage the successor to the initial and successor Executive Directors without the concurrence of the Executive Board. The Contracting Agency shall collaborate with the Executive Board in considering potential candidates for Executive Director.
J. Provide adequate staffing (including program and legal staff) to support the Clipper program. The Contracting Agency reserves the right to make decisions regarding hiring, promotion, termination, compensation and removal of program staff.
K. Provide necessary logistical and technological support to the Executive Board and any committees thereof, except as provided in Article IV.H.
L. On behalf of the Parties and under the direction of the Clipper Executive Board, procure, award, and manage contracts and carry out the administrative and management duties and responsibilities necessary for the operation, maintenance, marketing and customer service of the RTC Program; provided, however, that the Contracting Agency shall not assume administrative, operational (including customer service), or maintenance duties prior to its issuance of a notice to Operators that a new RTC database has been tested and deployed.
M. On behalf of the Parties and under the direction of the Clipper Executive Board, procure, award, and manage contracts and carry out the administrative and management duties and responsibilities necessary for the operation, maintenance, marketing and customer service of the RTC program; provided that MTC shall not assume administrative, operational Packet Page 295 of 490Attachment 2 Page 5 of 31
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(including customer service), or maintenance duties prior to MTC’s issuance of a notice to Operators that a new RTC database has been tested and deployed by MTC.
ARTICLE IV
Clipper Executive Board
A. Role; Composition. The Parties agree that responsibility for the policy oversight and management of the Clipper Program and the RTC Program shall reside with a Clipper® Executive Board ("Executive Board"). The Executive Board's responsibilities shall be executed in a manner consistent with the Operator, MTC and Contracting Agency responsibilities set forth in Articles I, II and III, respectively. The Executive Board shall be comprised of nine members: one representative each from the SFMTA, BART, Caltrain/SamTrans, AC Transit, VTA, GGBHTD and MTC, and two representatives who are selected to represent all other Operators (the "Small Operators") in the sole discretion of the Small Operators. Each representative shall be at the General Manager or senior management level.
B. Principles. The Executive Board shall adhere to the following principles:
1. The Clipper Program shall continue as the primary electronic fare collection system for the Operators.
2. Each member of the Executive Board commits to actively advance the continued successful operation, maintenance and growth of the Clipper Program on a cost- effective, operationally efficient, and coordinated basis.
3. Promote efforts to reduce the overall cost of the Clipper system, including operating costs, capital costs and consultant expenses.
4. Promote regional efforts to simplify fare structures while protecting revenue levels.
C. Duties. The Executive Board shall undertake the following duties:
1. Meet in accordance with a regular meeting schedule established by the Executive Board, not less than quarterly.
2. Establish goals for the Clipper Program, including targets to increase market penetration and cost containment initiatives. The Program Goals and Performance Measures are attached as Appendix C, and may be amended by unanimous vote of the Executive Board from time to time.
3. Propose for review by MTC, Operators and other funding sources (collectively, the "Funding Agencies") a biennial capital and operating budget for the Clipper Program. Revise and adopt the proposed budget in accordance with the Clipper budgets adopted and/or allocations made by each of the Funding Agencies. The biennial budget shall outline staffing requirements and resources needed to accomplish the work plan. The budget shall define required funding, identify funding sources, and specify the amount of individual agency contributions.
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4. Adopt a detailed biennial work plan to implement the established goals and budget.
5. Designate the Contracting Agency, as further described in and subject to Article IV.D, and provide policy oversight, advice, and direction to the Contracting Agency.
6. Evaluate the performance of the Clipper Executive Director on at least an annual basis. The Board will develop goals and objectives jointly with the Clipper Executive Director, which will form the basis for the annual evaluation.
7. Review and authorize Significant Business Matters as described in Article IV.E.
8. Establish such procedures as shall be necessary or desirable to facilitate compliance by the Executive Board with the Ralph M. Brown Act (Government Code Section 54950 et seq.) (the “Brown Act”) and other applicable laws.
D. Designation of a Contracting Agency. The Executive Board shall designate one of the Parties to serve as the "Contracting Agency" with the responsibilities defined in Article III. MTC shall serve as the initial Contracting Agency. The Executive Board shall review the designation of the Contracting Agency not more often than once every three (3) years and may designate any of the Parties as a new Contracting Agency no later than one year prior to the proposed assignment date, which designation may be subject to the approval of the governing board of the proposed new Contracting Agency. In the event of a new designation, the then-current Contracting Agency shall seek approval from its governing board to assign all outstanding contracts, funding agreements, licenses, and accounts to the newly designated Contracting Agency and, if it receives approval from its governing board for such assignment, take such other actions as may be necessary or convenient to effect the transition of the Contracting Agency role. In the event of a change from the role of MTC as the Contracting Agency, the Executive Board will work with MTC and the successor Contracting Agency to protect or minimize loss or degradation of jobs for Clipper support staff at MTC.
E. Significant Business Matters. The Executive Board shall decide all Significant Business Matters by a majority vote. "Significant Business Matter" shall mean any matter that can reasonably be expected to have a substantial financial impact (defined as an impact of $250,000 or more) or a substantial operating impact (defined as causing operations to fall below then-current annual operational goals) on Clipper or any of the Parties. Significant Business Matters, include, but are not limited to, the following:
1. Approval of Clipper Program Contracts and Change Orders that exceed the maximum authority levels established by the Contracting Agency's procurement rules for its chief executive officer, or $250,000, whichever is less, or that are not funded in the biennial budget. Contracting Agency governing board approval may also be required.
2. Amendments to the Clipper Operating Rules, pursuant to Appendix A. ·
3. Acceptance of new Parties to the Clipper Program. The Executive Board delegates to MTC the authority to sign supplemental agreements with new Parties accepted into the Program, as provided in Article VI.
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4. Acceptance of Clipper Affiliate Participants, as described in Article VI.B, and implementation of new business ventures or opportunities for the Clipper Program.
5. Assignment of the Next Generation Clipper Contracts. Contracting Agency approval shall also be required.
6. Approval of expenses (administrative, operating and legal) incurred by the Contracting Agency if in excess of or not contemplated by the current approved budget.
7. Decision whether any other matter, not expressly included or excluded as a Significant Business Matter in this list, is a Significant Business Matter in accordance with the definition above.
The foregoing definition of Significant Business Matters may be amended by unanimous vote of the Executive Board from time to time.
F. Quorum. Five members of the Executive Board constitute a quorum. In the absence of a quorum, a smaller number of Executive Board members may secure the attendance of absent members by video conference, teleconference, or other means compliant with the Brown Act to establish a quorum. Only eligible voting members shall be counted to establish a quorum.
G. Voting. Each member of the Executive Board shall have one vote. A vote of a majority of the Executive Board is required for approval. Executive Board members may not abstain from voting on any matter before the Executive Board, except in cases of conflicts of interest.
H. Board Chair; Committees. The Executive Board shall bi-annually elect a Chair and Vice Chair from its members. The Chair shall provide administrative staff support to the Executive Board, as needed as determined by the Chair and the Clipper Executive Director. The Chair may appoint advisory committees or working groups for specified projects of limited duration. The Executive Board may establish standing committees from time to time.
I. Delegates. Executive Board members may appoint, in writing, delegates to vote on their behalf in the event of a member's absence from any Executive Board meeting, for up to four (4) meetings per calendar year. No voting rights are accorded to delegates, nor do delegates count toward a quorum of the Executive Board, when they are representing an Executive Board member for meetings after four (4) missed meetings in a calendar year.
ARTICLE V
Clipper Executive Director
The Clipper Executive Director shall be responsible for regional coordination of the Clipper program among the Parties, oversight of consultants and contractors retained for the design, operation and maintenance of the Clipper program, and effectuation of the goals and work plan adopted by the Executive Board in accordance with the budget. Clipper program support staff engaged by the Contracting Agency shall report to the Clipper Executive Director.
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The Clipper Executive Director shall be selected and appointed by the Contracting Agency following consultation with the Executive Board to factor in any Executive Board concerns. The Contracting Agency will directly engage the Clipper Executive Director as its employee or independent contractor in accordance with any civil service or procurement rules applicable to the Contracting Agency. The Clipper Executive Director shall be Carol Kuester, or her successor as MTC’s Section Director of Electronic Payments (or comparable position), subject to Article III.I.
ARTICLE VI
New Operator and Affiliate Participants
A. New Operator Participants. Any Bay Area transit operator not a Party to this Agreement must be approved by the Executive Board and agree to the terms of the MOU then in effect as a condition of implementing Clipper, by entering into a supplemental agreement to this MOU accepting the then-current terms of this MOU. Signature by the other Parties to the MOU is not required. MTC shall not enter into a supplemental agreement with a New Operator Participant prior to the issuance of a Change Request (as defined in the Next Generation Clipper Contract) to the Clipper Contractor covering all or a portion of the work required to accept such operator into the system. MTC shall provide the other Parties to the MOU with written notice of each supplemental agreement. “Bay Area transit operator,” for purposes of this Article VI means a transit operator with headquarters located within the nine counties within MTC’s jurisdiction.
B. Affiliate Participants. The Executive Board must approve implementation of Clipper or use of the Clipper card, brand, or application on any transit operator with headquarters located outside the Bay Area or by a business that is not a transit operator (collectively, “Affiliate Participants”). Affiliate participants shall be required to enter into an agreement with the Contracting Agency accepting the then-current terms of the MOU and agreeing to additional terms and conditions for implementation of Clipper or use of the Clipper card, brand, or application. Any additional costs incurred by the Clipper Program shall be paid for in accordance with such agreements. In addition, the Contracting Agency shall include indemnification provisions in such agreements at least as stringent as those set forth in Article VII.
ARTICLE VII
Indemnification
A. Mutual Indemnification. No Party to this MOU (including any of its directors, commissioners, officers, agents or employees) shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other Party under or in connection with this Agreement. Pursuant to Government Code Section 895.4, each Party agrees to fully indemnify and hold other Parties harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by such indemnifying Party under or in connection with this Agreement and for which such indemnifying Party would otherwise be liable.
B. Contracting Agency Indemnification of Other Parties. Notwithstanding the provisions of Subsection A above, the Contracting Agency shall indemnify, hold Packet Page 299 of 490Attachment 2 Page 9 of 31
Amended and Restated Clipper® Memorandum of Understanding Version 2
harmless, and defend the other Parties from any and all claims or liability resulting from any action or inaction on the part of Contracting Agency relating to the Clipper Contract and the RTC Program (except as provided in Subsection F below) or from its failure to carry out its responsibilities under Article III of this MOU. With respect only to MTC as Contracting Agency, this indemnification covers action or inaction on the part of MTC relating to the Clipper Contract prior to the Effective Date of this MOU. Except as stated in the previous sentence, this indemnification only covers action or inaction on the part of a Contracting Agency while it serves as Contracting Agency under this MOU.
C. Other Parties' Indemnification of Contracting Agency. Notwithstanding the provisions of Subsection A above, each Party hereto that is not the Contracting Agency shall indemnify, hold harmless, and defend the Contracting Agency from any and all claims or liability resulting from any action or inaction on the part of such Party relating to its responsibilities under Article I or II, as applicable, of this MOU.
D. Operator Indemnification of MTC. Notwithstanding the provisions of Subsection A above and subject to Subsection F below, each Operator shall indemnify, hold harmless, and defend MTC from any and all claims or liability resulting from any action or inaction on the part of such Operator relating to its responsibilities under Article I of this MOU.
E. MTC Indemnification of Operators. Notwithstanding the provisions of Subsection A above, MTC shall indemnify, hold harmless, and defend each Operator from any and all claims or liability resulting from any action or inaction on the part of MTC relating to its responsibilities under Article II of this MOU.
F. Indemnification of MTC as RTC Discount Card Program Administrator. Notwithstanding the provisions of Subsections B and D above, the Operators shall indemnify, defend, and hold harmless MTC as Contracting Agency against any and all claims or liability related to the RTC Program resulting after MTC’s assumption of the responsibilities set forth in Article III.M as administrator and operator of the RTC Program to the extent that such claims or liability relate to actions or inactions taken by the Operators or their third party medical verifier contractor to administer, manage, and operate the RTC Program prior to MTC’s assumption of such duties.
ARTICLE VIII
Term
The term of the MOU shall begin upon the Effective Date and continue for a period of ten (10) years, unless terminated by written agreement of the Parties.
ARTICLE IX
Dispute Resolution
The Parties agree to abide by the dispute resolution procedures in Appendix D, Dispute Resolution, attached hereto and incorporated herein by this reference to resolve disputes between or among Parties to the MOU. To invoke the dispute resolution process, two Executive Board members must request it.
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ARTICLE X
Changed Circumstances
Any Party may initiate informal discussions among the Parties concerning the provisions of this MOU, based on its assessment that changes in technology or other factors external to the MOU or the Clipper Contract indicate that it would be in the best interests of one or more Parties to consider revisions to the MOU. If a majority of Parties agree, the Parties will then jointly evaluate the changed circumstances to determine what, if any, revisions to the MOU are necessary or desirable. Any agreed-upon changes shall require an amendment to the MOU approved and executed by all Parties.
ARTICLE XI
General Provisions
A. The entire Agreement between and among the Parties is contained herein, and no change in or modification, termination or discharge of this MOU shall be valid or enforceable unless it is approved by the Parties and made in writing and signed by the Parties.
B. Headings in this MOU are for convenience only and not intended to define, interpret or limit the terms and conditions herein.
C. This MOU may be executed in one or more counterparts, each of which shall be considered an original and all of which shall constitute a single instrument.
D. This MOU is intended for the sole benefit of the Parties and is not intended to nor shall be construed to confer any benefit or create any right in any third party.
E. Appendix E, Special Provisions for the City and County of San Francisco, attached hereto and incorporated herein by this reference, sets forth the terms and conditions required by the City and County of San Francisco in certain contracts entered into by the City.
F. If any provision of this MOU or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOU, or the application of such provision to persons, entities or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this MOU shall be valid and be enforceable to the fullest extent permitted by law.
G. Notices provided under the MOU shall be provided to the individuals listed in Appendix F, Notices, attached hereto and incorporated herein by this reference. Each Party to the MOU is responsible for notifying other Parties of a change in the individual designated to receive notices in writing. Changes to Appendix F may be made by any Party without an amendment to this MOU. MTC will distribute to every other Party the notice information of new Parties to the MOU added pursuant to Article VI.
H. This MOU supersedes, amends, and restates the 2016 MOU in its entirety.
ARTICLE XII
Legal Representation and Common Interest
The Parties recognize a mutuality of interest, and a need for joint cooperation in legal matters relating to Clipper. In furtherance of this common interest, any communications among Parties and Packet Page 301 of 490Attachment 2 Page 11 of 31
Amended and Restated Clipper® Memorandum of Understanding Version 2
counsel for any of the Parties shall be confidential and protected from disclosure to any third party by each and every privilege – including, but not limited to, the attorney-client privilege, the attorney work product privilege, and the pooled information privilege – notwithstanding the dissemination of the communications and work product among Parties by the counsel that made the information available in the first instance. If information covered by the privileges is requested by a third party pursuant to a subpoena or other discovery request, then counsel receiving the request shall notify in a timely fashion the counsel who disclosed the information so that the privileges against disclosure may be asserted.
Should any Party withdraw from or otherwise terminate its participation in the Clipper program, such withdrawal or termination shall not impair the privileges that protect any information that has been shared prior to such action. Any Party that withdraws or terminates its participation in the Clipper program shall promptly return all privileged materials that the Party has received.
ARTICLE XIII
Confidential Information
Either MTC or an Operator (the “Receiving Party”) may, in the course of carrying out its responsibilities under this MOU, have access to proprietary or confidential information owned by the other Party (“the Disclosing Party”), the disclosure of which to third parties may damage the Disclosing Party. Such proprietary or confidential information must be held by the Receiving Party in confidence and used only in performing its responsibilities as provided in the MOU. The Receiving Party shall exercise at least the same standard of care it would use to protect its own proprietary or confidential information.
SIGNATURES ON SUBSEQUENT PAGES
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Amended and Restated Clipper® Memorandum of Understanding Version 2
IN WITNESS WHEREOF, this Amendment has been duly authorized and executed by the Parties hereto on the dates specified below by their duly authorized representatives.
Metropolitan Transportation Commission Approved as to form:
Kathleen Kane, General Counsel
Name: Therese W. McMillan Matthew Lavrinets, Senior Counsel Title: Executive Director
Date:
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Amended and Restated Clipper® Memorandum of Understanding Version 2
Approved as to form: City of Fairfield
Fairfield and Suisun Transit
Name: David Gassaway David Lim, City Attorney
Title: Interim City Manager
Date:
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Appendix A
Process for Amending Clipper Operating Rules
1. The Contracting Agency shall provide written notice to the other Parties at least ninety (90) days in advance of making any changes to the Operating Rules affecting Operator Roles and Responsibilities (Section 3 of the Clipper Operating Rules). Notice shall be provided by email to the contact named in Appendix F, or as subsequently revised or updated by the Parties, as provided in Article XI.G.
2. The Contracting Agency shall provide additional notice to the other Parties on possible changes to the Operating Rules affecting Operator Roles and Responsibilities in the regular Clipper program reports furnished under Article III.C.
3. The Contracting Agency's notices shall include enough information to enable the other Parties to determine the financial and other impacts of the proposed change.
4. If requested by any Party within 30 days of issuance of such notice, the Contracting Agency will consult with all affected Parties concerning the proposed change prior to its adoption.
5. Any Party that requires additional time in excess of the notice period specified by the Contracting Agency to implement a change may notify the Contracting Agency of the additional period of time required during the initial 30-day notice period. The Contracting Agency will then work with the Party(ies) during the consultation period to modify the effective date and/or content of the Operating Rules change, as necessary.
6. Following such consultation process, if any Party(ies) objects to the proposed change, as modified during the consultation process, such Party(ies) may initiate one or more of the dispute resolution processes described in Appendix D.
7. The Contracting Agency shall delay the implementation of the disputed change until the conclusion of the dispute resolution process.
8. All proposed changes to the Operating Rules shall be presented for approval to the Executive Board . The Contracting Agency agrees that it shall not implement changes to the Operating Rules that have not been approved by the Executive Board.
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1 Appendix B
Clipper Cost and Revenue Allocation
[see applicable sub appendices on following pages]
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2 Appendix B-1
Clipper Cost and Revenue Allocation for Clipper Contract
This Appendix B-1 applies to cost and revenue allocation during the extended Operations & Maintenance (O/M) term of the Clipper Contract, which will extend through November 2, 2024, unless earlier terminated. The cost allocation formulas and principles in this Appendix B-1 were included in the 2016 MOU and apply only to the Clipper Contract.
1. Cost Allocation Among Operators
The allocation of Clipper operating costs to each Operator shall be tied to the cost driver of each category of operating expense outlined in Section 2.B. The percent allocation in each category will be based on actuals by Operator. "Percentage of Cards Used" by Operator will be used to assess operating fees for account-based, fixed or other costs not directly attributable to either transit transactions or revenue and will be based on the number of individual cards used at least once on an Operator's system. "Fee Generating Transit Transactions" shall mean any activity in which a Clipper card is used to receive service on or from an Operator's system that results in a charge pursuant to Attachment 2 to Part I of the contract between MTC and Cubic for the operation of Clipper. "Revenue Processed" shall mean the fee collected on behalf of each Operator by the Clipper clearinghouse (e.g., the price charged to ride on the Operator's transit system, the value of pass sales, the amount of parking fees paid).
The allocation of Clipper operating costs to each Operator while the current Clipper Contract line item pricing structure is applicable shall be based on the following formula:
MOU
Section
2.B.i
Fee Category Allocation Formula
a,b,c 9.0 Cardholder Support Services Percentage of Cards Used d,e,f 10.0 Third Party Load Service Fees Percentage of Cards Used g 11.0 Autoload Services Percentage of Cards Used
h 13.22.45 Supplemental Operations Percentage of Cards Used i 13.31 Clipper Transaction Fee Percentage of Fee Generating Transit Transactions
j,k,l,m 13.60-90 Incremental Credit/Debit Card
Interchange Fees
Percentage of Revenue Processed
n Reimbursement of Bank Fees/Direct Charges Percentage of Revenue Processed o Network Communication Reimbursement Direct Charge to Operator p Specialized Card Printing Direct Charge to Operator
q,r Operator Share of Staffing Percentage of Cards Used s Add Value/TVM Debit Card Interchange
Fees for Non-Clipper Gateways
Percentage of Revenue Processed
In addition to the Clipper operating costs allocated in accordance with Section 2.B(i) herein, each Operator shall be responsible for payment of:
a. Clipper Data Server (CDS) Store operating costs specified below for any CDS Store Packet Page 307 of 490Attachment 2 Page 17 of 31
3 implemented on such Operator's site; and
b. Incremental Clipper operating costs established by and/or resulting from Clipper Contract change orders requested and funded by an Operator for Operator's use and benefit shall be the responsibility of such Operator. This applies to costs or portions of costs that would otherwise be MTC's responsibility as described below.
2. Clipper Costs
A. MTC Operating and Maintenance Costs. MTC shall pay the following Clipper operating costs under the Clipper Contract’s line item pricing structure:
i. All fixed operating costs of the Clipper clearinghouse and equipment maintenance services costs as specified in the Clipper Contract's Price Schedule (Attachment 2·to the Clipper Contract) (the "Price Schedule"), including:
a. Item 3.20 Program Management - Operations and Maintenance b. Item 3.30 Clipper Testbed Operations & Maintenance
c. Item 5.31 Operator Help Desk
d. Item 5.32 Reporting
e. Item 5.33 Asset Management
f. Item 6.0 Equipment Maintenance Services
g. Item 10.21(a) Location Acquisition
h. Item 10.22 Location Servicing and Support
i. Item 10.23 (a) Acquisition Payment for Third Party Location j. Item 12.0 Network Management
k. Item 13.22 Basic Monthly Operations and Admin
ii. Variable Clipper operating costs as specified in the Price Schedule (Attachment 2 to the Clipper Contract), specifically:
a. Item 7.10-2 Senior and Youth Card Mail -In Applications b. Item 8.10(a-g) Card Distribution Services
c. Item 8.1 l Card Distribution Services
d. Item 8.12 Card Distribution Services
e. Item 8.20 Cardholder Education
f. Item 8.31 Location Acquisition for Completion of Distribution Network g. Item 8.32 Location Acquisition for Completion of Distribution Network h. Item 8.41 Pass Through of Amounts Paid for Installation of Phone Lines i. Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of the invoiced amount)
j. Item 9.5 Service Level Standard Incentives and Abatements k. Item 13.100 Mobile Website Operations and Maintenance
iii. All other lump sum and capital expense items specified in the Price Schedule not enumerated above or covered by Section 2.B.
B. Operator Operating Costs under the Clipper Contract’s Line Item Pricing Structure.
i. Operators shall pay the following listed Clipper operating costs in accordance with the cost sharing formula in Section I, reduced by any amounts payable by MTC Packet Page 308 of 490Attachment 2 Page 18 of 31
4 pursuant to Section 2.A. References to Item numbers refer to the corresponding prices payable to the Clipper Contractor under the Price Schedule, which are subject to annual price adjustment as specified in Article 13.6 of the Clipper Contract:
a. Item 9.24 Balance Protection Services Registration
b. Item 9.25 Lock/unlock Clipper Application
c. Item 9.41 Fixed and Incremental Fees Per Active Card Account (50% of the invoiced amount)
d. Item 10.11 Clipper E-purse Load
e. Item 10.12 Pass/Stored Ride Load
f. Item 10.24 Employer Program Commission
g. Item 11.0 Autoload Services
h. Item 13.22.45 Supplemental Monthly Operations and Admin i. Item 13.31 Clipper Transaction Fee
j. Item 13.60 Incremental Gateway Fees
k. Item 13.70 Incremental Debit Card Interchange Fees
l. Item 13.80 Incremental Credit Card Interchange Fees
m. Item 13.90 Pass Through Website Credit Card Processing Fees n. Reimbursement of Contracting Agency bank fees and direct bank charges in connection with the Clipper bank account(s) in excess of the amounts reimbursed under Section 3.A below
o. Direct payment or reimbursement of Contracting Agency costs for network communication.
p. Direct payment or reimbursement of Contracting Agency costs for materials necessary for additional printing, e.g. secondary printing or personalization, on Clipper cards
q. Reimbursement of Contracting Agency costs for a portion of salary and benefits of any additional staffing as approved by the Executive Board to support the Clipper program.
r. Reimbursement of Contracting Agency costs for a portion (at least fifty percent) of the salary and benefits of the Clipper Executive Director as approved by the Executive Board.
s. Reimbursement of Operator costs for credit/debit interchange fees generated through an Operator-specific gateway associated with Clipper sales through ticket officed terminal devices and add value and ticket vending machines, as long as the total average fees do not substantially exceed the average Clipper fees.
ii. Changes or Additions to Operator Operating Costs Items. Except as reserved for Executive Board approval in 2.B(i)(q, r, s), substantive changes or additions to the Operator-paid operating cost items set forth in Section 2.B(i) require an amendment to this Appendix B and approval of all Parties to the MOU as of the date of the change or addition.
iii. Contracting Agency shall invoice each Operator on a monthly basis for its share of the operating costs. The Operators shall pay Contracting Agency within fifteen (15) calendar days of receipt of such invoice.
3. Cost Allocation of Time and Materials Payments to Clipper Contractor during Clipper Contract O&M Extension Period
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5 Any payments to the Clipper Contractor on a time and materials basis during the Clipper Contract O&M Extension Period, exclusive of pass-through fees, will be split equally (50%/50%) between MTC and the Operators. The Operators’ share shall then be further allocated to each Operator based 50% on its Percentage of Cards Used and 50% on its percentage of Fee-Generating Transit Transactions.
Pass-through fees shall be allocated to Operators as set forth Sections 1 and 2 above.
4. Revenue Allocation
Revenues generated by Clipper during any period of time, including interest earnings on funds held by the clearinghouse and excluding fare revenues or parking fees collected on behalf of and distributed to Operators, shall be utilized as follows:
A. To offset Contracting Agency's bank fees and direct bank charges related to the managing of the Clipper accounts;
B. After deduction of Contracting Agency's bank fees and charges under Section 4.A above, To reduce the Operators' Clipper operating costs listed in Section 2.B(i) above or in Section 3 above; and
C. After payment of Operators' Clipper operating costs listed in Section 2.B(i) or in Section 3 above, to be allocated to Operators by applying the percentage of cards used by Operator specified in Section I herein, unless otherwise authorized by the Executive Board.
Notwithstanding the above, fees charged cardholders for card acquisition, card replacement, balance restoration, failed Autoload funding recovery, card refund processing, and other card- related activities shall be reserved to pay for future card procurements; provided, however, that surcharges on limited use cards or other fare media imposed by an Operator to pay for the acquisition, implementation, administration and replacement of such fare media shall be distributed to and retained by such Operator. (For clarity, any surcharge imposed by an Operator as part of its fare structure shall be considered "fare revenue" and shall be distributed to and retained by such Operator.)
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6 Appendix B-2
RTC Program Cost Allocation
1. RTC Program Cost Allocation Among Operators
"Percentage of RTC Cards Used" by Operator will be used to assess operating fees for account- based, fixed or other costs not directly attributable to either transit transactions or revenue and will be based on the number of individual RTC cards used at least once on an Operator's system during the specified billing period. The allocation of RTC Program operating costs (as defined in Section 2 below) to Operators shall be based on both an equivalent 1% share of RTC Program Operating Costs for each Operator with the remaining costs allocated based on a Percentage of RTC Cards Used by Operator during the specified billing period, initially a calendar month.
2. RTC Program Operating Costs
Operators shall pay the following listed RTC Program Operating Costs to the Contracting Agency, in accordance with the cost sharing formula in Section 1 above:
A. Reimbursement of the RTC Program medical verifier contract costs; B. Card Fees for RTC Clipper Card Customization, currently Clipper Contract Price Schedule Item 7.10-1, Per-Card Fee for RTC Clipper Card Customization (subject to annual price adjustment as specified in Article 13.6 of the Clipper Contract); C. Reimbursement of the Salesforce Operations & Maintenance costs and license fees; D. $75,000 annually for staff time for administration of the RTC Program; and E. Reimbursement of claims against MTC, in accordance with the indemnification provision in Article VII, Indemnification, Subsection F, resulting from actions or inactions taken by the Operators or their third party medical verifier contractor to administer, manage, and operate the RTC program prior to MTC’s assumption of such duties.
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7 Appendix B-3
Next Generation Clipper Cost and Revenue Allocation
1. Allocation of Fixed Monthly Accelerated Deployment O/M Payments
Payments to the Clipper Contractor for Accelerated Deployment Operations and Maintenance (O/M) and Post-Revenue Ready Accelerated Deployment O/M under the Next Generation Clipper Contract, Articles
3.8.4, Scaling of O/M Payments, and 3.8.5, O/M Payments for Accelerated C2 System Deployment and Attachment C-5, Payment Form for C2 System Operations & Maintenance will be allocated in accordance with this Appendix B-3.1.
a. Accelerated Deployment fixed monthly O/M payments triggered by issuance of the Accelerated C2 System Deployment Mobile O/M NTP shall be split 50%/50% between MTC and the Operators. Each Operator’s share shall then be determined based 50% on its Percentage of Cards Used and 50% on its Percentage of Fee-Generating Transit Transactions. "Percentage of Cards Used" by Operator will be based on the number of individual cards used at least once on an Operator's system during the specified billing period . "Fee Generating Transit Transactions" shall mean any activity in which a Clipper card is used to receive service on or from an Operator's system that results in a charge pursuant to Attachment 2 to Part I of the Clipper Contract between MTC and Cubic.
b. Accelerated Deployment fixed monthly O/M payments triggered by issuance of Accelerated C2 System Deployment Equipment O/M NTP shall be split 50%/50% between MTC and the Operators. Each Operator’s share would then be determined based 50% on its Percentage of Cards Used and 50% on its Percentage of Fee-Generating Transit Transactions (excluding BART’s Fee-Generating Transit Transactions from the total count).
c. Post-Revenue Ready Accelerated Deployment fixed monthly O/M payments triggered by issuance of a notice by MTC that Revenue Ready has been achieved shall be split 50%/50% between MTC and the Operators. Each Operator’s share shall then be determined based on its Percentage of Clipper Ridership. “Percentage of Clipper Ridership" by Operator will be based on the number of transit trips taken on an Operator's system and reported through the Clipper fare system during the specified billing period.
d. MTC shall pay for 100% of the pass-through fees associated with the conversion of physical Clipper cards to virtual mobile cards and on-going pass-through fees associated with the use of virtual mobile cards and the Clipper mobile app.
2. Allocation of Capital Costs
a. MTC shall pay for the following Clipper capital costs:
i. Capital costs associated with the initial design, development and testing, installation and transition, and end of term transition under the Next Generation Clipper Contract
ii. Clipper Equipment included in Attachment C-8, Payment Form for Equipment, not purchased by an Operator pursuant to Article 8.7 of the Packet Page 312 of 490Attachment 2 Page 22 of 31
8 Next Generation Clipper Contract, Purchase and Ownership of Equipment by Transit Operators
iii. Capital costs associated with the initial implementation and ongoing costs of the Other Next Generation Clipper Contracts, not including capital costs associated with the purchase of limited use fare cards (tickets) iv. Clipper Capital costs established by and/or resulting from Clipper Contract or Other Next Generation Clipper Contract change orders requested and funded by the region for the region’s use and benefit
v. All other lump sum and capital expense items in Attachment C, Payment Forms of the C2 SI Contract not enumerated above or covered under Appendix B-3.2(b) below
b. The Operators shall pay for the following Clipper capital costs:
i. Capital costs associated with the purchase of limited use fare cards (tickets) ii. Clipper Equipment purchased by an Operator pursuant to Article 8.7 of the Next Generation Clipper Contract, Purchase and Ownership of Equipment by Transit Operators
iii. Clipper Capital costs established by and/or resulting from Clipper Contract or Other Next Generation Clipper Contract change orders requested and funded by an Operator for Operator's use and benefit
3. Allocation of Monthly Account-Based O/M Payments
Payments to the Clipper Contractor for Account-Based Operations and Maintenance of the Next Generation Clipper system under the Next Generation Clipper Contract, Article 3.8 and Attachment C-5, Payment Form for Operations & Maintenance, will be triggered by issuance of a C2 System Transition Notice to Proceed (NTP) from MTC to the Clipper Contractor setting the agreed-upon O/M Commencement Date as set forth in Article 8.2, Commencement, and indicating that Customer Transition to the Next Generation Clipper system can occur.
a. Account-Based fixed monthly O/M payments shall be split 50%/50% between MTC and the Operators. Each Operator’s share shall then be determined based on its Percentage of Clipper Ridership.
b. Account-Based variable monthly KPI/SLA and retail incentive payments shall be split 50%/50% between MTC and the Operators. Each Operator’s share shall then be determined based on its Percentage of Clipper Ridership.
c. Operators shall pay for 100% of on-going pass-through fees associated with retailer commissions. Each Operator’s share would then be determined based on its Percentage of Revenue Processed. “Percentage of Revenue Processed" shall mean the fee collected on behalf of each Operator by the Clipper clearinghouse (e.g., the price charged to ride on the Operator's transit system, the value of pass sales, the amount of parking fees paid) during the specified billing period.
d. MTC shall pay for 100% of ongoing pass-through fees associated with the conversion of physical Clipper cards to virtual mobile cards and on-going pass-through fees associated with the use of virtual mobile cards and the Clipper mobile app.
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9 4. Allocation of O/M Payments for Other Next Generation Clipper Contracts a. Customer Service Center.
i. Fixed monthly O/M payments shall be split 50%/50% between MTC and the Operators. Each Operator’s share shall then be determined based on its Percentage of Clipper Ridership.
ii. Variable monthly KPI/SLA incentive payments shall be split 50%/50% between MTC and the Operators. Each Operator’s share shall then be determined based on its Percentage of Clipper Ridership.
b. Payment Services. Operators shall pay for 100% of on-going pass-through fees associated with payment services. Each Operator’s share would then be determined based on its Percentage of Revenue Processed.
c. Fare Media. MTC shall pay for 100% of monthly O/M payments associated with the fare media fulfillment contract.
5. Additional Operating Costs to be Paid by Operators
a. Reimbursement of Contracting Agency bank fees and direct bank charges in connection with the Clipper bank account(s) in excess of the amounts reimbursed under Section 6.A below
b. Direct payment or reimbursement of Contracting Agency costs for network communication.
c. Direct payment or reimbursement of Contracting Agency costs for materials necessary for additional printing, e.g. secondary printing or personalization, on Clipper cards
d. Reimbursement of Contracting Agency costs for a portion of salary and benefits of any additional staffing as approved by the Executive Board to support the Clipper program.
e. Reimbursement of Contracting Agency costs for a portion (at least fifty percent) of the salary and benefits of the Clipper Executive Director as approved by the Executive Board.
f. Reimbursement of Operator costs for credit/debit interchange fees generated through an Operator-specific gateway associated with Clipper sales through customer service terminal devices and add value and ticket vending machines, as long as the total average fees do not substantially exceed the average Clipper fees.
g. Reimbursement of incremental Clipper operating costs established by and/or resulting from Clipper Contract or Other Next Generation Clipper Contract change orders requested and funded by an Operator for Operator's use and benefit shall be the responsibility of such Operator. This applies to costs or portions of costs that would otherwise be MTC's responsibility as described in Appendix B-
3.3 and Appendix B-3.4 above.
6. Revenue Allocation
Revenues generated by the Clipper Program, exclusive of revenues related to the Clipper Contract addressed in Appendix B-1.4, including interest earnings on funds held by the clearinghouse and excluding fare revenues or parking fees collected on behalf of and distributed to Operators, shall be utilized as follows:
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10 A. To offset Contracting Agency's bank fees and direct bank charges related to the managing of the Clipper accounts;
B. After deduction of Contracting Agency's bank fees and charges under Section 6.A above, to reduce the Operators' Clipper operating costs listed in Section 3 above or in Section 4 above; and
C. After payment of Operators' Clipper operating costs listed in Section 3 or in Section 4 above, to be allocated to Operators by applying the Percentage of Cards Used by Operator, unless otherwise authorized by the Executive Board.
Notwithstanding the above, fees charged cardholders for card acquisition, card replacement, balance restoration, card refund processing, and other card- related activities shall be reserved to pay for fare media procurements and pass-through fees associated with virtual mobile cards and the Clipper mobile app; provided, however, that surcharges on limited use cards imposed by an Operator to pay for the acquisition, implementation, administration and replacement of such fare media shall be distributed to and retained by such Operator. (For clarity, any surcharge imposed by an Operator as part of its fare structure shall be considered "fare revenue" and shall be distributed to and retained by such Operator.)
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Appendix C
Program Goals and Performance Measures
The performance standards below are intended to guide the development and ongoing operations of Clipper, however, specific actions and targets may be constrained by legal, fiscal and system limitations.
Goal: Provide an intuitive, efficient, and familiar experience Electronic fare payment is the primary payment method for all transportation fares and fees Mobile fare payment is integrated into and branded as Clipper Parking at transit stations can be paid with Clipper
Bikeshare at transit stations can be paid with Clipper Paratransit trips can be paid with Clipper
Transit systems to move 100% to Clipper or incentivize use of Clipper, depending on mode Heavy commuter rail and ferry systems accept only Clipper (extended and limited use) Bus/light rail operators to adopt fare differentials to incentivize use of Clipper and transition remaining products to Clipper
Transit mobile payments are made primarily through the Clipper system once the account-based features are made available through the Clipper mobile app Acceptance of open payment is available primarily through the Clipper system
Goal: Provide excellent, proactive customer service
Customers can easily obtain and use Clipper
Media dispensing and reloading options are widely available Clipper vending machines offering new cards and add-value are located at all heavy rail and ferry locations
Online transactions are immediately available for use Third-party vendor locations are easily accessible in all service areas Streamline process for refunds and replacements
Support payment for families, groups, institutional programs, and events
Goal: Create a transparent, consistent, inclusive and timely decision-making process Implement process for operator involvement in work plan development, field equipment procurement and change order process
Goal: Govern the program efficiently and cost-effectively Adopt standard fare categories and discount levels
Minimum $0.50 discount for full-fare adult transfer customers to bus and light rail Establish uniform youth discount for ages five to18 and senior discount for ages 65 and older Establish uniform eligibility requirements for means-based discount program Evaluate staffing plan to enhance internal program resources and reduce reliance on consultants
Goal: Ensure that accurate and complete data is available to support decision making at every level System integrates with vehicle on-board equipment to incorporate route, location and revenue information where necessary
Clipper data is accessible to operators and the public to the full extent contemplated by the Clipper privacy policy
Goal: Ensure program flexibility and responsiveness
System design and contract includes a streamlined process for common changes such as fare adjustments and route changes and additions
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Goal: Ensure operational efficiency and reliability
Ensure continued competitive equipment availability, automated status reporting and remote diagnostics
Utilize open architecture
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Appendix D
Dispute Resolution
The Parties agree to resolve disputes concerning this MOU between or among one or more Parties based on the following dispute resolution principles.
1. Informal Dispute Resolution
The Parties agree to attempt to resolve informally all disputes. In the event of a dispute among any Parties to the MOU, those Parties shall notify every other Party in writing about the substance of the dispute. The Parties to the dispute shall meet and confer by exchanging written positions on the dispute, and by meeting in person thereafter to discuss and resolve the dispute. If those representatives are unable to resolve the dispute, the chief executives of those Parties shall be informed of the substance of the dispute and provided all writings that have been exchanged regarding the dispute. The chief executives shall meet and confer in person or by telephone concerning the dispute, and may choose to exchange letters in preparation for the meet and confer.
2. Mediation
If the dispute is not resolved, the Parties may avail themselves by mutual consent to mediation, arbitration (binding or non-binding), or any other dispute resolution resource (collectively Alternate Dispute Resolution (ADR) processes"). All procedures and methodologies in ADR processes shall be by mutual consent of the Parties, including but not limited to the choice of the mediator or arbitrator, dates and times and timelines, and whether documents are exchanged in preparation for the ADR session. Fees and expenses of the mediator will be borne equally, unless otherwise agreed. The Parties to the dispute shall be represented by individuals of their choosing, except that the Parties must agree on the question of whether lawyers are present or not. The entire process shall be confidential and treated as a compromise negotiation for purposes of federal and state rules of evidence. If ADR processes are agreed on, the Parties shall agree on the identity of the mediator or arbitrator within 30 days of agreeing on the ADR process. The Parties shall not unreasonably withhold consent as to the choice of the mediator or arbitrator.
Unless the schedule of the mediator or arbitrator does not permit, the Parties shall complete their ADR process within 60 days after agreement on the choice of the mediator or arbitrator. Nothing in this MOU affects the rights or abilities of the Parties to avail themselves of all rights and remedies they have under the law of California or federal law, as applicable, and to the state or federal courts to resolve their dispute.
3. Financial Obligations
A Party who disputes amounts claimed by the Contracting Agency to be due under the MOU agrees to pay the amount claimed pending dispute resolution.
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Appendix E
Special Provisions for the City and County of San Francisco (References to "City" in Paragraphs 1, 2 and 3 refer to the City and County of San Francisco)
1. Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non- Appropriation. This Agreement is subject to the budget and fiscal provisions of the City's Charter.
Charges will accrue only after prior written authorization certified by the Controller, and the amount of City's obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor's assumption of risk of possible non-appropriation is part of the consideration for this Agreement.
THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.
2. Guaranteed Maximum Costs. The City's obligation hereunder shall not at any time exceed the amount certified by the Controller for the purpose and period stated in ·such certification.
Except as may be provided by laws governing emergency procedures, officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Commodities or Services beyond the agreed upon contract scope unless the changed scope is authorized by amendment and approved as required by law. Officers and employees of the City are not authorized to offer or promise, nor is the City required to honor, any offered or promised additional funding in excess of the maximum amount of funding for which the contract is certified without certification of the additional amount by the Controller. The Controller is not authorized to make payments on any contract for which funds have not been certified as available in the budget or by supplemental appropriation.
3. Sunshine Ordinance. In accordance with San Francisco Administrative Code §67.24(e), contracts, contractors' bids, responses to solicitations and all other records of communications between City and persons or firms seeking contracts, shall be open to inspection immediately after a contract has been awarded . Nothing in this provision requires the disclosure of a private person or organization's net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request.
4. Large Vehicle Driver Safety Training Requirements. The City and County of San Francisco requires that the employees its contractors and their subcontractors driving “large vehicles” within the City and County of San Francisco shall successfully complete either (a) the SFMTA’s Large Vehicle Urban Driving Safety training program or (b) a training program that meets the SFMTA’s approved standards for large vehicle urban driving safety. The SFMTA’s approved standards for large vehicle urban driving safety is available for download at www.SFMTA.com/largevehicletrainingstandards . This requirement does not apply to drivers providing delivery services who are not employees or subcontractors of the contractor. For purposes of this section, “large vehicle” means any single vehicle or combination of vehicle and trailer with an unladen weight of 10,000 pounds or more, or a van designed to carry 10 or more people. MTC, as Contracting Agency, has confirmed with its contractors that no equipment purchased from its Next Packet Page 319 of 490Attachment 2 Page 29 of 31
Generation Clipper Contract, Cubic Transportation System, Inc. will be delivered on large vehicles, as defined herein.
5. Protection of Private Information. San Francisco Administrative Code Chapter 12M establishes restrictions for City contractors on the use and disclosure of “private information” as defined in Chapter 12M. MTC, as Contracting Agency, is subject to restrictions on the use, disclosure, and storage of “personally identifiable information” protected under California Streets and Highways Code Section 31490. To that end, MTC has adopted a Clipper Privacy Policy, posted on the Clipper website, and Special Conditions Regarding Personally Identifiable Information, incorporated into the Clipper Operating Rules applicable to MTC and Clipper Operators, which are passed along to all Clipper contractors. Such efforts embody privacy protections at least as strict as Chapter 12M.
6. Payment Card Industry (PCI) Requirements. MTC, as Contracting Agency, shall to the extent applicable comply with, and require its contractors and service providers to comply with, current Payment Card Industry (PCI) standards, including the then in effect Payment Application Data Security Standard (PA-DSS), or the Software Security Framework (SSF), which includes the Secure Software Standard and the Secure Software Lifecycle (Secure SLC) Standard. PCI DSS standards apply to all system components, people, and processes that store, process, and transmit cardholder data, including any system components, people, and processes that could impact the security of the Cardholder Data Environment. Current compliant PCI attestations of compliance and PCI audits then in effect shall be provided to SFMTA upon request.
Bank Accounts. Collections that represent funds belonging to the City and County of San Francisco shall be deposited into a City and County of San Francisco bank account designated by the Office of the Treasurer and Tax Collector.
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Appendix F
Notices
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Agenda Item No: 15.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022303 of the City Council of the City of Fairfield Authorizing the Execution and Delivery of a First Supplement to Fiscal Agent Agreement for the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) Special Tax Refunding Bonds, Series 2018, and Approving and Authorizing Related Actions
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City previously issued bonds for the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements). Staff recommends that the City Council approve an amendment to the Fiscal Agent Agreement for the outstanding bonds to ensure that special taxes in excess of debt service are available on an annual basis to pay for authorized facilities and services.
DISCUSSION
Community Facilities District No. 3
The City Council previously formed the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) (the “CFD”) under the MelloRoos Community Facilities Act of 1982, as amended (the “Act”). The City Council is authorized to levy special taxes in the CFD to finance certain public facilities and public services, and to issue bonds secured by the special taxes. 2018 Bonds
For the purpose of refinancing outstanding bonds that had financed authorized public facilities, the City previously issued the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) Special Tax Refunding Bonds, Series 2018 (the “2018 Bonds”). The 2018 Bonds were issued pursuant to a Fiscal Agent Agreement (the “Original Fiscal Agent Agreement”), dated as of December 1, 2018, by and between the City, for and on behalf of the CFD, and The Bank of New York Mellon Trust Company, N.A, as fiscal agent (the “Fiscal Agent”).
Proposed Amendment
Staff recommends that the City Council approve an amendment to the Original Fiscal Agent Agreement to provide for the deposit into a special fund held by the Fiscal Agent of special tax revenues remaining Packet Page 322 of 490
Agenda Item No: 15.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022303 of the City Council of the City of Fairfield Authorizing theExecution and Delivery of a First Supplement to Fiscal Agent Agreement for the City ofFairfield Community Facilities District No. 3 (North Cordelia General Improvements)Special Tax Refunding Bonds, Series 2018, and Approving and Authorizing RelatedActionsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City previously issued bonds for the City of Fairfield Community Facilities District No. 3 (NorthCordelia General Improvements). Staff recommends that the City Council approve an amendment tothe Fiscal Agent Agreement for the outstanding bonds to ensure that special taxes in excess of debtservice are available on an annual basis to pay for authorized facilities and services.DISCUSSIONCommunity Facilities District No. 3The City Council previously formed the City of Fairfield Community Facilities District No. 3 (NorthCordelia General Improvements) (the “CFD”) under the MelloRoos Community Facilities Act of 1982,as amended (the “Act”). The City Council is authorized to levy special taxes in the CFD to financecertain public facilities and public services, and to issue bonds secured by the special taxes.2018 BondsFor the purpose of refinancing outstanding bonds that had financed authorized public facilities, the Citypreviously issued the City of Fairfield Community Facilities District No. 3 (North Cordelia GeneralImprovements) Special Tax Refunding Bonds, Series 2018 (the “2018 Bonds”). The 2018 Bonds wereissued pursuant to a Fiscal Agent Agreement (the “Original Fiscal Agent Agreement”), dated as ofDecember 1, 2018, by and between the City, for and on behalf of the CFD, and The Bank of New YorkMellon Trust Company, N.A, as fiscal agent (the “Fiscal Agent”).
Proposed Amendment
Staff recommends that the City Council approve an amendment to the Original Fiscal Agent Agreement to provide for the deposit into a special fund held by the Fiscal Agent of special tax revenues remaining after debt service and other required costs related to the 2018 Bonds have been paid, and to authorize the City to use such special tax revenues to finance authorized public facilities and public services.
The Original Fiscal Agent Agreement provides that the Original Fiscal Agent Agreement may be amended as proposed without the consent of the owners of the 2018 Bonds as long as the amendment will not adversely affect the owners of the 2018 Bonds, as evidenced by an opinion of counsel.
Staff has consulted with Jones Hall, A Professional Law Corporation, in its capacity as bond counsel to the City, the underwriter of the 2018 Bonds (Stifel, Nicolaus & Company, Incorporated) and the insurer of the 2018 Bonds (Assured Guaranty Municipal Corp.), and staff has concluded that the proposed amendment of the Original Fiscal Agent Agreement will not adversely the affect the owners of the 2018 Bonds.
Attached as Attachment 2 is a form of a First Supplement to Fiscal Agent Agreement (the “First Supplement to Fiscal Agent Agreement”), by and between the City, for and on behalf of the CFD, and the Fiscal Agent. Assured Guaranty Municipal Corp. will execute the First Supplement to Fiscal Agent Agreement to indicate its consent.
Attached as Attachment 3 is the opinion of Jones Hall, as bond counsel, required by the Original Fiscal Agent Agreement.
FINANCIAL IMPACT
The only financial impact of the First Supplement to Fiscal Agent Agreement is that it will ensure that special taxes levied in the CFD that are not required to pay debt service on bonds and required costs will be available to pay for authorized facilities and services.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to approve the proposed amendment, and if that occurs, the City would be unable to use special taxes levied in the CFD that are not needed to pay debt service on bonds and required costs to pay for authorized facilities and services.
STAFF CONTACT
John Furtado, Director of Finance
(707) 4287629
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:
Description
Attachment 1: Proposed Resolution
Attachment 2: First Supplement to Fiscal Agent Agreement Attachment 3: Jones Hall Opinion
REVIEWERS:
Reviewer Action Date
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Agenda Item No: 15.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022303 of the City Council of the City of Fairfield Authorizing theExecution and Delivery of a First Supplement to Fiscal Agent Agreement for the City ofFairfield Community Facilities District No. 3 (North Cordelia General Improvements)Special Tax Refunding Bonds, Series 2018, and Approving and Authorizing RelatedActionsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City previously issued bonds for the City of Fairfield Community Facilities District No. 3 (NorthCordelia General Improvements). Staff recommends that the City Council approve an amendment tothe Fiscal Agent Agreement for the outstanding bonds to ensure that special taxes in excess of debtservice are available on an annual basis to pay for authorized facilities and services.DISCUSSIONCommunity Facilities District No. 3The City Council previously formed the City of Fairfield Community Facilities District No. 3 (NorthCordelia General Improvements) (the “CFD”) under the MelloRoos Community Facilities Act of 1982,as amended (the “Act”). The City Council is authorized to levy special taxes in the CFD to financecertain public facilities and public services, and to issue bonds secured by the special taxes.2018 BondsFor the purpose of refinancing outstanding bonds that had financed authorized public facilities, the Citypreviously issued the City of Fairfield Community Facilities District No. 3 (North Cordelia GeneralImprovements) Special Tax Refunding Bonds, Series 2018 (the “2018 Bonds”). The 2018 Bonds wereissued pursuant to a Fiscal Agent Agreement (the “Original Fiscal Agent Agreement”), dated as ofDecember 1, 2018, by and between the City, for and on behalf of the CFD, and The Bank of New YorkMellon Trust Company, N.A, as fiscal agent (the “Fiscal Agent”).Proposed AmendmentStaff recommends that the City Council approve an amendment to the Original Fiscal Agent Agreementto provide for the deposit into a special fund held by the Fiscal Agent of special tax revenues remainingafter debt service and other required costs related to the 2018 Bonds have been paid, and to authorizethe City to use such special tax revenues to finance authorized public facilities and public services.The Original Fiscal Agent Agreement provides that the Original Fiscal Agent Agreement may beamended as proposed without the consent of the owners of the 2018 Bonds as long as the amendmentwill not adversely affect the owners of the 2018 Bonds, as evidenced by an opinion of counsel.Staff has consulted with Jones Hall, A Professional Law Corporation, in its capacity as bond counsel tothe City, the underwriter of the 2018 Bonds (Stifel, Nicolaus & Company, Incorporated) and the insurerof the 2018 Bonds (Assured Guaranty Municipal Corp.), and staff has concluded that the proposedamendment of the Original Fiscal Agent Agreement will not adversely the affect the owners of the 2018Bonds.Attached as Attachment 2 is a form of a First Supplement to Fiscal Agent Agreement (the “FirstSupplement to Fiscal Agent Agreement”), by and between the City, for and on behalf of the CFD, andthe Fiscal Agent. Assured Guaranty Municipal Corp. will execute the First Supplement to Fiscal AgentAgreement to indicate its consent.Attached as Attachment 3 is the opinion of Jones Hall, as bond counsel, required by the OriginalFiscal Agent Agreement.FINANCIAL IMPACTThe only financial impact of the First Supplement to Fiscal Agent Agreement is that it will ensure thatspecial taxes levied in the CFD that are not required to pay debt service on bonds and required costswill be available to pay for authorized facilities and services.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council may choose not to approve the proposed amendment, and if that occurs, the City would beunable to use special taxes levied in the CFD that are not needed to pay debt service on bonds andrequired costs to pay for authorized facilities and services.STAFF CONTACTJohn Furtado, Director of Finance(707) 428[email protected] WITHCity Attorney's Office, City Manager's OfficeATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: First Supplement to Fiscal Agent AgreementAttachment 3: Jones Hall Opinion REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 10/24/2022 3:51 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-303
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE EXECUTION
AND DELIVERY OF A FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT FOR THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 3 (NORTH CORDELIA GENERAL IMPROVEMENTS) SPECIAL TAX REFUNDING BONDS, SERIES 2018, AND APPROVING AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the City Council previously conducted proceedings under and pursuant to the Mello - Roos Community Facilities Act of 1982, as amended (the “Act”), to form the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) (the “CFD”), to authorize the levy of special taxes upon the land within the CFD to finance certain public facilities and public services, and to issue bonds secured by said special taxes the proceeds of which were to be used to finance such public facilities, all as described in those proceedings; and
WHEREAS, for the purposes of financing authorized public facilities, and pursuant to Resolution No. 2018-264, which was adopted by the council on October 16, 2018 (the “Resolution of Issuance”), and a Fiscal Agent Agreement (the “Original Fiscal Agent Agreement”), dated as of December 1, 2018, by and between the City, for and on behalf of the CFD, and The Bank of New York Mellon Trust Company, N.A, as fiscal agent (the “Fiscal Agent”), the City p reviously issued the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) Special Tax Refunding Bonds, Series 2018 (the “2018 Bonds”) in the initial principal amount of $12,020,000; and
WHEREAS, the City wishes to amend the Original Fiscal Agent Agreement to provide for the deposit into a special fund held by the Fiscal Agent of special tax revenues remaining after debt service and other required costs related to the 2018 Bonds have been paid, and to authorize the City to use such special tax revenues to finance authorized public facilities and public services; and
WHEREAS, the Original Fiscal Agent Agreement provides that the Original Fiscal Agent Agreement may be amended as proposed without the consent of the owners of the 2018 Bonds as long as the amendment will not adversely affect the owners of the 2018 Bonds , as evidenced by an opinion of counsel; and
WHEREAS, City has consulted with Jones Hall, A Professional Law Corporation, in its capacity as bond counsel to the City, the underwriter of the 2018 Bonds (Stifel, Nicolaus & Company, Incorporated) and the insurer of the 2018 Bonds (Assured Guaranty Municipal Corp.), and Council has concluded that the proposed amendment of the Original Fiscal Agent Agreement will not adversely the affect the owners of the 2018 Bonds; and
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RES. NO. 2022-303
WHEREAS, there has been submitted to the Council the form of a First Supplement to Fiscal Agent Agreement (the “First Supplement to Fiscal Agent Agreement”), by and between the City, for and on behalf of the CFD, and the Fiscal Agent, which the Council with the aid of its staff has reviewed and found to be in proper order, and the Council approve wishes to supplement; and
WHEREAS, all conditions, things, and acts required to exist, to have happened and to have been performed precedent to and in the execution and delivery of the First Supplement to Fiscal Agent Agreement as contemplated by this resolution, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. First Supplement to Fiscal Agent Agreement. The Council hereby approves the First Supplement to Fiscal Agent Agreement, in substantially the form on file with the City Clerk, together with such additions or changes as are approved by an Authorized Officer (as defined below). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery by an Authorized Officer of the First Supplement to Fiscal Agent Agreement. The mayor, the city manager, and the finance director, or such other official of the City as may be designated by the mayor, the city manager or the finance director (each, an “Authorized Officer”), acting alone, is hereby authorized and directed to execute the First Supplement to Fiscal Agent Agreement on behalf of the City, and the city clerk is hereby authorized and directed to attest thereto, subject to receipt by such Authorized Officer of an opinion of Bond Counsel, addressed to the City, that the First Supplement to Fiscal Agent Agreement will not adversely affect the rights of the owners of the 2018 Bonds.
Section 2. Actions Authorized. All actions heretofore taken by the officers and agents of the City with respect to the proposed First Supplement to Fiscal Agent Agreement are hereby approved, confirmed and ratified, and the appropriate officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in connection with accomplishing the purposes of this resolution, including but not limited to any actions required in connection any certificate, agreement, and other document described in the documents herein approved. All actions to be taken by an Authorized Officer, as defined herein, may be taken by such Authorized Officer or any designee, with the same force and effect as if taken by the Authorized Officer.
Section 3. Effectiveness. This resolution shall take effect from and after its adoption. The provisions of any previous resolutions that are in any way inconsistent with the provisions hereof in and for the issuance of the Bonds as herein described are hereby repealed.
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RES. NO. 2022-303
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
_________
MAYOR
ATTEST:
____________________________
CITY CLERK
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FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT
by and between the
CITY OF FAIRFIELD
and
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.,
as Fiscal Agent
Dated as of _______ 1, 2022
RELATING TO
$12,020,000
CITY OF FAIRFIELD
COMMUNITY FACILITIES DISTRICT NO. 3
(NORTH CORDELIA GENERAL IMPROVEMENTS)
SPECIAL TAX REFUNDING BONDS, SERIES 2018
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- i -
TABLE OF CONTENTS
Section 1. Amendments to Original Fiscal Agent Agreement ................................................................ 3 Section 2. Applicable Law ...................................................................................................................... 4 Section 3. Conflict with Act..................................................................................................................... 4 Section 4. Confirmation of Original Fiscal Agent Agreement; Conflict With Original Fiscal Agent Agreement ..................................................................................................................... 5 Section 5. Counterparts ......................................................................................................................... 5 Section 6. Execution by Electronic Means ............................................................................................. 5 Section 7. Concerning the Fiscal Agent ................................................................................................. 5
EXHIBIT A OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM CFD FUND
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FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT
THIS FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT, dated as of _________ 1, 2022 (the “First Supplement to Fiscal Agent Agreement”), by and between the CITY OF FAIRFIELD, a municipal corporation and general law city organized and existing under and by virtue of the Constitution and laws of the State of California (the “City”) for and on behalf of the "City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements)" (the “CFD”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States of America, as fiscal agent (the “Fiscal Agent”);
W I T N E S S E T H :
WHEREAS, the City Council of the City has formed the CFD under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (section 53311 et seq. of the California Government Code) (the “Act”); and
WHEREAS, the City Council, as the legislative body with respect to the CFD, is authorized under the Act to levy special taxes within the CFD to pay for the costs of facilities and to authorize the issuance of bonds secured by said special taxes under the Act; and
WHEREAS, the City and the Fiscal Agent previously executed a Fiscal Agent Agreement, dated as of December 1, 2018 (the “Original Fiscal Agent Agreement”), and the City issued and sold, for and on behalf of the CFD, the City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) Special Tax Refunding Bonds, Series 2018 (the “2018 Bonds”) in the initial principal amount of $12,020,000; and
WHEREAS, the City wishes to amend the Original Fiscal Agent Agreement pursuant to Section 8.01(B)(iii) to, among other things, establish a CFD Fund for the 2018 Bonds and provide a procedure for disbursements from such CFD Fund;
WHEREAS, as required by Section 8.01(B)(iii), the City has concluded that such amendment will not adversely affect the owners of the 2018 Bonds, and City and the Fiscal Agent have received an opinion of counsel that such amendment complies with the provisions of Section 8.01(B)(iii) and the consent of the 2018 Bond Insurer (as defined in the Original Fiscal Agent Agreement); and
WHEREAS, on ________, 2022, the Board adopted Resolution No. ________ (the “Resolution”) authorizing the amendment of the Original Fiscal Agent Agreement; and
WHEREAS, it is in the public interest and for the benefit of the City, the CFD, and the persons responsible for the payment of special taxes that the City enter into this First Supplement to Fiscal Agent Agreement; and
WHEREAS, the City has determined that all acts and proceedings required by law and the Original Fiscal Agent Agreement necessary to constitute this First Supplement to Fiscal Agent Agreement a valid and binding agreement for the uses and purposes herein set forth, in Packet Page 330 of 490Attachment 2 Page 3 of 10
2 accordance with its terms, have been done and taken; and the execution and delivery of this First Supplement to Fiscal Agent Agreement have been in all respects duly authorized;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereto agree as follows:
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3 Section 1. Amendments to Original Fiscal Agent Agreement.
(A) Addition of Section 4.07. Article IV of the Original Fiscal Agent Agreement is hereby amended to add a Section 4.07 that reads as follows:
“Section 4.07. CFD Fund.
(A) Establishment of CFD Fund. The CFD Fund is hereby established as a separate fund to be held by the Fiscal Agent, to the credit of which deposits shall be made as required by Section 4.06(B). Moneys in the CFD Fund shall be held by the Fiscal Agent for the benefit of the City, and shall be disbursed as provided below.
(B) Procedure for Disbursement. Disbursements from the CFD Fund shall be made by the Fiscal Agent for the City’s use in accordance with applicable law to finance the public facilities and the public services described in the Resolution of Formation and for any other lawful purpose of the CFD, which use may be conclusively presumed by the Trustee, upon receipt of an Officer's Certificate from the Finance Director.
(C) Investment. Moneys in the CFD Fund shall be invested by the Fiscal Agent under Section 6.01. Interest earnings and profits resulting from such investment shall be retained by the Fiscal Agent in the CFD Fund to be used for the purposes of such fund.”
(B) Amendment of Section 4.06(B). Section 4.06(B) of the Original Fiscal Agent Agreement is hereby amended and restated in its entirety as follows:
(B) Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the Fiscal Agent and paid to the City or its order upon receipt by the F iscal Agent of an Officer’s Certificate, in substantially the form of Exhibit C hereto, stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense or a Cost of Issuance and the nature of such Administrative Expense or such Cost of Issuance. Proceeds of Bonds deposited into the Administrative Expense Fund shall be separately identified at all times, and shall be expended for purposes of the Administrative Expense Fund prior to the use of amounts transferred to the Administrative Expense Fund from the Special Tax Fund pursuant to Sections 4.05(A) and (B).
Annually, on or after the last day of each Fiscal Year, the Finance Director, in an Officer’s Certificate, shall direct the Fiscal Agent to withdraw from the Administrative Expense Fund and transfer any amount in the Administrative Expense Fund as of the last day of such Fiscal Year in excess of that which is needed to pay any Administrative Expenses incurred but not yet paid, and which are not otherwise encumbered, as identified by the Finance Director in such Officer’s Certificate, to (i) the CFD Fund if (a) the City is not in default in the payment of scheduled debt service on the Bonds, (b) the amount in the 2018 Reserve Fund is equal to or greater than the 2018 Reserve Requirement and the amount in any other reserve account held by the Fiscal Agent is equal to or greater than its required amount and (c) the Finance Director has concluded that the amount of the Special Taxes that it can levy in the immediately succeeding Fiscal Year on Class I and Class II properties under the Rate and Method, without taking Packet Page 332 of 490Attachment 2 Page 5 of 10
4 into account any Special Taxes that it can levy on Class I parcels or Class II parcels that are then delinquent in the payment of Special Taxes, is at least equal to the amounts described in Section 3.05(E) or (ii) the Special Tax Fund.
(C) Amendment of Article I. Article I of the Original Fiscal Agent Agreement is hereby amended to add a definition as follows:
“CFD Fund” means the fund designated, established and administered under Section
4.07. (D) Amendment of Section 3.02. Section 3.02 of the Original Fiscal Agent Agreement is hereby amended and restated in its entirety as follows:
Section 3.02. Pledge of Special Tax Revenues. The Bonds shall be secured by a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of the Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to Section 4.05(A)(i) and the Special Tax Revenues to be deposited in the CFD Fund) and all moneys deposited in the Bond Fund, and, until disbursed as provided herein, in the Special Tax Fund. The Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to Section 4.05(A)(i) and the Special Tax Revenues to be deposited in the CFD Fund) and all moneys deposited into such funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose under Section 9.03.
The 2018 Bonds and all 2018 Related Parity Bonds shall be secured by a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all moneys deposited in the 2018 Reserve Fund. The moneys in the 2018 Reserve Fund (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the 2018 Bonds and all 2018 Related Parity Bonds as provided herein and in the Act until all of the 2018 Bonds and all 2018 Related Parity Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose under Section 9.03.
In addition, the City hereby covenants and agrees that the Insurer Reimbursement Amounts (as defined in Appendix D) are secured by a lien on and pledge of the Special Tax Revenues and payable from such Special Tax Revenues on a parity with debt service due on the Bonds.
Amounts in the Costs of Issuance Fund, the CFD Fund and the Administrative Expense Fund are not pledged to the repayment of the Bonds.
Section 2. Applicable Law. This First Supplement to Fiscal Agent Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California.
Section 3. Conflict with Act. In the event of a conflict between any provision of this First Supplement to Fiscal Agent Agreement and any provision of the Act as in effect on the Packet Page 333 of 490Attachment 2 Page 6 of 10
5 Closing Date, the provision of the Act shall prevail over the conflicting provision of this First Supplement to Fiscal Agent Agreement.
Section 4. Confirmation of Original Fiscal Agent Agreement; Conflict With Original Fiscal Agent Agreement . All representations, covenants, warranties and other provisions of the Original Fiscal Agent Agreement, unless specifically amended, modified or supplemented by this First Supplement to Fiscal Agent Agreement, are hereby confirmed as applicable to this First Supplement to Fiscal Agent Agreement. In the event of any conflict between the provisions of this First Supplement to Fiscal Agent Agreement and the Original Fiscal Agent Agreement, the provisions of this First Supplement to Fiscal Agent Agreement shall govern.
Section 5. Counterparts. This First Supplement to Fiscal Agent Agreement may be executed in counterparts, each of which shall be deemed an original.
Section 6 Execution By Electronic Means. The parties agree that the Electronic Signature of a party to this First Supplement, including all acknowledgements and attestations, shall be as valid as an original signature of such party and shall be effective to bind such party to this First Supplement. The parties agree that any Electronically Signed Document, including this First Supplement, shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed, and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. For purposes hereof, “Electronic Signature” means a manually signed original signature that is transmitted by Electronic Means, including without limitation in the form of a pdf (portable document format) or other replicating image attached to an e-mail message; and “Electronically Signed Document” means a document transmitted by Electronic Means and containing, or to which there is affixed, an Electronic Signature.
Section 7 Concerning the Fiscal Agent. In entering into and acting under this First Supplement, and with respect to all matters arising hereunder, the Fiscal Agent shall have and be entitled to all of the rights, immunities, indemnities and protections afforded or granted to it under the Original Fiscal Agent Agreement.
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6 IN WITNESS WHEREOF, the CITY OF FAIRFIELD has caused this First Supplement to Fiscal Agent Agreement to be signed in its name by an authorized representative and attested to by its City Manager, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., has caused this First Supplement to Fiscal Agent Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written.
CITY OF FAIRFIELD for and on behalf of
the CITY OF FAIRFIELD COMMUNITY
FACILITIES DISTRICT NO. 3 (NORTH
CORDELIA GENERAL IMPROVEMENTS)
By
City Manager
THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A., as Fiscal Agent
By
Authorized Officer
ACKNOWLEDGED AND CONSENTED
TO:
ASSURED GUARANTY MUNICIPAL
CORP., as 2018 Bond Insurer
By
Authorized Officer
Packet Page 335 of 490Attachment 2 Page 8 of 10
Exhibit A
EXHIBIT A
CITY OF FAIRFIELD
COMMUNITY FACILITIES DISTRICT NO. 3
(NORTH CORDELIA GENERAL IMPROVEMENTS)
SPECIAL TAX REFUNDING BONDS, SERIES 2018
OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM CFD FUND
REQUISITION NO. _____
The undersigned hereby states and certifies that:
(i) I am the duly appointed, qualified and acting City Manager of the City of Fairfield, a municipal corporation duly organized and existing under the laws of the State of California (the “City”) and as such, am familiar with the facts herein certified and am authorized to certify the same;
(ii) I am an “Authorized Officer,” as such term is defined in that certain Fiscal Agent Agreement, dated as of December 1, 2018, as supplemented by a First Supplement to Fiscal Agent Agreement, dated as of ______ 1, 2022 (as supplemented, the “Fiscal Agent Agreement”), by and between the City and The Bank of New York Mellon Trust Company, N.A., as fiscal agent (the “Fiscal Agent”);
(iii) under Section 4.07(B) of the Fiscal Agent Agreement, the undersigned hereby requests and authorizes the Fiscal Agent to disburse from the CFD Fund established under the Fiscal Agent Agreement to each payee designated on Schedule A attached hereto (which may include the City) and by this reference incorporated herein, the amount set forth opposite such payee, for payment or reimbursement of previous payment of a project cost as described on attached Schedule A;
(iv) the disbursements described on the attached Schedule A are properly chargeable to the CFD Fund; and
(v) no portion of the amount herein requested to be disbursed was set forth in any Officer’s Certificate previously filed requesting disbursement.
Dated: ________, 2022
CITY OF FAIRFIELD
By:
City Manager
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Exhibit A
SCHEDULE A
Payee Name and
Address
Purpose of Obligation
Amount
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______, 2022
City of Fairfield
Fairfield, California
Assured Guaranty Municipal Corp.
1633 Broadway
New York, New York 10019
The Bank of New York Mellon Trust
Company, N.A.
San Francisco, California
RE: $12,020,000 City of Fairfield Community Facilities District No. 3 (North Cordelia General Improvements) Special Tax Refunding Bonds, Series 2018 (“2018 Bonds”)
Ladies and Gentlemen:
We are acting as bond counsel to the City of Fairfield (the "City") in connection with the execution and delivery of a First Supplement to Fiscal Agent Agreement, dated as of ______ 1, 2022 (the "First Supplement to Fiscal Agent Agreement"), by and between the City and The Bank of New York Mellon Trust Company, N.A., as fiscal agent (the "Fiscal Agent"), which First Supplement to Fiscal Agent Agreement amends a Fiscal Agent Agreement, dated as of December 1, 2018, between the City and the Fiscal Agent (the "Original Fiscal Agent Agreement," as amended by the First Supplement to Fiscal Agent Agreement, the “Fiscal Agent Agreement”), pursuant to which the 2018 Bonds were issued and are outstanding. The execution and delivery of the First Supplement to Fiscal Agent Agreement is authorized by a resolution of the City Council of the City adopted on ________ __, 2022.
This opinion is being rendered to satisfy the requirements of the following:
(i) Section 8.01(B) of the Fiscal Agent Agreement. Section 8.01(B) provides that the Fiscal Agent Agreement and the rights and obligations of the City and of the Owners (as defined in the Fiscal Agent Agreement) of the Bonds may be modified or amended at any time by a Supplemental Agreement (as defined in the Fiscal Agent Agreement) which shall become binding upon adoption without the prior written consent of any owners of the Bonds, but only to the extent permitted by law and only for specified purposes, including “to make modifications not adversely affecting any Outstanding Bonds in any material respect (as evidenced by the opinion of counsel delivered pursuant to Section 8.01(C) hereof).”
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City of Fairfield
The Bank of New York Trust Company, N.A.
Assured Guaranty Municipal Corp.
________, 2022
(ii) Section 8.01(C) of the Fiscal Agent Agreement. Section 8.01(C) of the Fiscal Agent Agreement provides that any amendment of the Fiscal Agent Agreement shall require the Fiscal Agent’s written consent and the Fiscal Agent shall be furnished with “an opinion of counsel that any such Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Section 8.01.”
We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion.
Based upon the foregoing, we are of the opinion, as follows:
(i) The execution and delivery of the First Supplement to Fiscal Agent Agreement, in and of itself, does not adversely affect any Outstanding Bonds (as defined in the Fiscal Agent Agreement) in any material respect.
(ii) The execution and delivery of the First Supplement to Fiscal Agent Agreement complies with the provisions of Section 8.01 of the Fiscal Agent Agreement.
We express no opinion herein as to any matter governed by laws other than the laws of the State of California and the laws of the United States of America. This opinion is being rendered to the addressees hereof solely for their benefit in connection with the execution and delivery of the First Supplemental Indenture and is not to be relied on, used, circulated, quoted or otherwise referred to by anyone else for any other purpose. We are issuing this opinion as counsel to the City, and not as counsel to any other addressee.
Respectfully submitted,
A Professional Law Corporation
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Agenda Item No: 16.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022304 of the City Council of the City of Fairfield Approving an Amendment to Resolution 99302 Revising the Structure and Duties of the Fairfield Golf Advisory Board
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Several of the previous items listed within Resolution 99302 are no longer relevant, i.e., in December 2021 the City Council eliminated term limits for all boards, commissions, and committees. The proposed resolution revises the structure and duties of the Fairfield Golf Advisory Board (GAB).
DISCUSSION
In January 2022, the staff management and oversight of the GAB transitioned from Public Works to Parks & Recreation. The Parks & Recreation Director provided the GAB with a review of the evolution and current practices of the Board and parliamentary procedure. Through a series of work sessions with the GAB, collectively, staff and Board members developed a full revision of Resolution 99302 to convey the new basis of the GAB structure, term, and role.
FINANCIAL IMPACT
There are no defined financial impacts; however, with modification to quarterly meetings, costs associated with staff resources may be reduced.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The language in the proposed resolution was established through work sessions with the GAB. The final draft was presented to the board, and all members present (six of seven board members) recommended submittal to City Council for adoption.
ALTERNATIVE ACTION
Provide staff direction as appropriate.
STAFF CONTACT
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Agenda Item No: 16.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022304 of the City Council of the City of Fairfield Approving anAmendment to Resolution 99302 Revising the Structure and Duties of the Fairfield GolfAdvisory BoardRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUESeveral of the previous items listed within Resolution 99302 are no longer relevant, i.e., in December2021 the City Council eliminated term limits for all boards, commissions, and committees. Theproposed resolution revises the structure and duties of the Fairfield Golf Advisory Board (GAB).DISCUSSIONIn January 2022, the staff management and oversight of the GAB transitioned from Public Works toParks & Recreation. The Parks & Recreation Director provided the GAB with a review of the evolutionand current practices of the Board and parliamentary procedure. Through a series of work sessionswith the GAB, collectively, staff and Board members developed a full revision of Resolution 99302 toconvey the new basis of the GAB structure, term, and role.FINANCIAL IMPACTThere are no defined financial impacts; however, with modification to quarterly meetings, costsassociated with staff resources may be reduced.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe language in the proposed resolution was established through work sessions with the GAB. Thefinal draft was presented to the board, and all members present (six of seven board members)recommended submittal to City Council for adoption.ALTERNATIVE ACTIONProvide staff direction as appropriate.
STAFF CONTACT
Kristina Chamberlin, Director of Parks & Recreation
(707) 4287470
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:
Description
Resolution 99302
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Ballard, Kelly Approved 10/27/2022 2:29 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-304
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AN AMENDMENT TO RESOLUTION 99-302 REVISING THE STRUCTURE AND DUTIES OF THE FAIRFIELD GOLF
ADVISORY BOARD
WHEREAS, Resolution 90-89 established a five-member Rancho Solano Golf Course Advisory Board; and
WHEREAS, Resolution 93-40 renamed and revised the GAB, and Resolution 99-302 revised the role and responsibilities of the Fairfield Golf Advisory Board (GAB); and
WHEREAS, in December 2021, the City Council eliminated term limits and
WHEREAS, the Fairfield Golf Advisory Board held work sessions in 2022 to discuss revisions to the structure and duties of the GAB.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The Fairfield Golf Advisory Board is the official name and title of the advisory board and is referenced as the “GAB.”
Section 2. The purpose of the GAB is to assist in the promotion and development of golf for all ages in the community at both Paradise Valley Golf Course and Rancho Solano Golf Course.
Section 3. The members of the GAB shall be appointed by the Mayor with the approval of the City Council. The term of office shall be four years, beginning on January 1 and ending on December 31. There are no term limits.
Section 4. The GAB is comprised of seven members reporting to the Fairfield City Department designated by the City Manager. Members must be residents of Fairfield and must be active participants at either or both courses. A balance of Board members should be selected from all sections of the community of Fairfield with the preference of having one member representing each Council District.
Section 5. The GAB shall hold at least one regular meeting quarterly.
Section 6. Annually and at the first regular meeting, the GAB members shall select from and among them a chair and vice-chair to serve for one year at the pleasure of the Board. There are no term limits.
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RES. NO. 2022-304
Section 7. Failure of a member to attend two consecutive regular meetings of the GAB without the consent of the group shall be deemed vacated.
Section 8. While the primary role of the GAB is to assist in the promotion and development of golf in the community and encourage golf awareness, participation, and support for both Rancho Solano and Paradise Valley Golf Courses and while the day-to-day operation is led by the city’s contract management service provider, the GAB plays a critical role in representing the community’s interest with respect to safeguarding and ensuring access to the golf courses and related facilities. This is accomplished through an objective perspective as both golf parti cipant and advocate of furthering the City’s mission and goals for expanding programming and general use of the public facilities.
Section 9. GAB responsibilities may include the following:
a. Assisting with prioritization of capital improvement projects b. Reviewing and recommending proposed fee adjustments
c. Providing observation and making recommendations to the department regarding operations and maintenance of the golf courses and restaurants
d. Suggesting and/or reviewing proposed modifications to the Golf Operating Manual e. Suggesting and/or reviewing various proposed policy and procedure changes f. Serving as volunteers at signature golf course fundraising events g. Advocating use of facilities – public and private events, activities, and programming
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
_________
MAYOR
ATTEST:
____________________________
CITY CLERK
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Agenda Item No: 17.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022305 of the City Council of the City of Fairfield Updating Resolution 2020208 Authorizing the City of Fairfield to Submit an Application for the Housing and Community Development Permanent Local Housing Allocation (PLHA) Program Funding and to Sign and Execute Standard Program Agreements RECOMMENDED ACTION
Adopt resolutions.
STATEMENT OF ISSUE
In November 2020, City Council approved Resolution 2020208 accepting up to $2,345,460 in Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD). Staff seeks reauthorization of the use of PLHA funds for use in providing emergency shelter beds for use by the Fairfield Police Homeless Intervention Team (HIT).
DISCUSSION
The City of Fairfield receives an annual allocation of PLHA funds from HCD for the provision of homeless services and affordable housing. PLHA funds are an annual entitlement funding stream from HCD as authorized under Senate Bill 2 (SB 2) in 2017. SB 2 established a $75 recording fee on real estate documents to provide a steady funding stream to local jurisdictions to increase the supply of affordable homes in California.
Authorized by City Council Resolution 2020208, the City began accepting PLHA funds in 2021 with the stated purpose of providing funding for homeless emergency shelter beds and first time homebuyer assistance. In May 2021, the City entered into an agreement with Shelter Solano, Inc. to provide access to 10 emergency shelter beds each month at Shelter Solano located at 310 Beck Avenue, Fairfield, CA.
The original agreement carried a term of one year using $293,000 in PLHA funds from the firstyear allocation of PLHA.
Staff seeks council authorization to amend the original contract for emergency shelter beds for an additional 14 months, through June 2023, and to increase the number of emergency shelter beds available from 10 to 15 beds each month. The second 14 months of services for 15 beds will cost $465,872 in PLHA funds.
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Agenda Item No: 17.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022305 of the City Council of the City of Fairfield Updating Resolution2020208 Authorizing the City of Fairfield to Submit an Application for the Housing andCommunity Development Permanent Local Housing Allocation (PLHA) ProgramFunding and to Sign and Execute Standard Program AgreementsRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEIn November 2020, City Council approved Resolution 2020208 accepting up to $2,345,460 inPermanent Local Housing Allocation (PLHA) funding from the California Department of Housing andCommunity Development (HCD). Staff seeks reauthorization of the use of PLHA funds for use inproviding emergency shelter beds for use by the Fairfield Police Homeless Intervention Team (HIT).DISCUSSIONThe City of Fairfield receives an annual allocation of PLHA funds from HCD for the provision ofhomeless services and affordable housing. PLHA funds are an annual entitlement funding stream fromHCD as authorized under Senate Bill 2 (SB 2) in 2017. SB 2 established a $75 recording fee on realestate documents to provide a steady funding stream to local jurisdictions to increase the supply ofaffordable homes in California. Authorized by City Council Resolution 2020208, the City began accepting PLHA funds in 2021 with thestated purpose of providing funding for homeless emergency shelter beds and first time homebuyerassistance. In May 2021, the City entered into an agreement with Shelter Solano, Inc. to provide accessto 10 emergency shelter beds each month at Shelter Solano located at 310 Beck Avenue, Fairfield, CA.The original agreement carried a term of one year using $293,000 in PLHA funds from the firstyearallocation of PLHA. Staff seeks council authorization to amend the original contract for emergency shelter beds for anadditional 14 months, through June 2023, and to increase the number of emergency shelter beds available from 10 to 15 beds each month. The second 14 months of services for 15 beds will cost $465,872 in PLHA funds.
Resolution 2020208, Section 11, made specific reference to a now defunct emergency shelter program called Going Home. Resolution 2022XX would remove the reference to the Going Home program and provide the city manager with council authorization to amend the funding agreement for the provision of additional emergency shelter services and make any amendments as may be necessary to implement the program.
FINANCIAL IMPACT
All funds used for the provision of emergency shelter operations and services is paid for by the PLHA program from State HCD and will have no impact on the General Fund.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may choose not to authorize amendments to the funding agreement with Shelter Solano, Inc. for the provision of emergency shelter operations and services. However, not amending the funding agreement with Shelter Solano, Inc. will cause a reduction in the availability of emergency shelter beds that assist the Fairfield Police Homeless Intervention Team in getting homeless individuals and families off the streets.
STAFF CONTACT
David Gassaway, Interim City Manager
(707) 4287400
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
Proposed Amendment
REVIEWERS:
Reviewer Action Date
Ballard, Kelly Approved 11/8/2022 1:51 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD UPDATING RESOLUTION 2020- 208 AUTHORIZING THE CITY OF FAIRFIELD TO SUBMIT AN APPLICATION FOR THE HOUSING
AND COMMUNITY DEVELOPMENT PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PROGRAM FUNDING AND TO SIGN AND EXECUTE STANDARD PROGRAM AGREEMENTS
WHEREAS, the California Department of Housing and Community Development (the Department) is authorized to provide up to $195 million under SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Act for assistance to Cities and Counties as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 [SB 2]); and
WHEREAS, on February 26, 2020, the Department issued a Notice of Funding Availability (NOFA) under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the City of Fairfield (the City) is an eligible Entitlement Local Government and can receive up to $2,345,460 in the next five years, and desires to apply for the Program to administer one or more eligible activities, including support of the City’s homeless strategy to reduce homelessness and increase supportive housing; and
WHEREAS, the City specifically wishes to reduce homelessness by increasing emergency shelter operations and sustainability to further build on the continuum of services for homeless in Fairfield; and
WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of its guidelines, the Notice of Funding Availability, the Program requirements, the standard agreement and other contracts between the Department and PLHA grant recipients; and
WHEREAS, on July 7, 2020, the City Council adopted Resolution 2020-132, authorizing the City of Fairfield to submit an application for the PLHA Program funding and to sign and execute standard program agreements; and
WHEREAS, on November 17, 2020, council adopted Resolution 2020-208 amending Resolution 2020-132 at the request of the Department in order for the City’s application to move forward to award; and
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RES. NO. 2022-305
WHEREAS, an amendment to Resolution 2020-208 is required to provide authorization to make amendments to the funding agreement for the provision of emergency shelter operations and services.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. Should the City receive a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, the City represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City may have with the Department.
Section 2. The City is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations as stated in Appendix C of the current NOFA ($2,345,460) in accordance with all applicable rules and laws.
Section 3. The City hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City and the Department.
Section 4. The City certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to the Department’s PLHA Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local government may delegate its PLHA allocation.
Section 5. The City certifies that its selection process of subgrantees will be accessible to the public and shall avoid any conflicts of interest.
Section 6. Pursuant to the City’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
Section 7. The City certifies that if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale projects, the City shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in PLHA Guidelines Section 302(c)(6)(A), (B), and (C).
Section 8. The City certifies that if funds are used for the development of an Affordable Rental Housing Development, the City shall make PLHA assistance in the form of a low -interest, deferred loan to the Sponsor of the Project, an d such loan shall be evidenced through a Packet Page 349 of 490Attachment 1 Page 2 of 4
RES. NO. 2022-305
Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.
Section 9. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Guidelines, and any other applicable SB 2 Guidelines published by the Department.
Section 10. The city manager is authorized on behalf of the council to execute and submit the PLHA Program Application, the PLHA Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to the City, as the Department may deem appropriate.
Section 11. The city manager is authorized on behalf of the council to execute an agreement with a qualified subgrantee, make amendments as necessary, and do all things necessary to implement PLHA programs designed to provide participants access to emergency shelter beds and an extensive continuum of services. The Fairfield Police Homeless Intervention Team (HIT) will collaborate with the City to refer citizens to the PLHA Program.
Section 12. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
Section 13. The City of Fairfield agrees to abide by the terms and conditions of the Standard Agreement as set forth by the Department.
Section 14. The council hereby directs the city manager to submit this resolution, which shall replace Resolution 2020-208, to the Department.
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RES. NO. 2022-305
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
_________
MAYOR
ATTEST:
____________________________
CITY CLERK
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SHELTER Solano, Inc. City of Fairfield The Way Home Program Budget SHELTER Solano
FTE
Annual
FTE Total Salary
Benefits @
42%Total Budget
City of Fairfield -
May 2022-June
2023
Other Funds
contributing to the
project
Staffing
Program Director 1 $86,250 $86,250 $36,225 $122,475 $18,521 $103,954 Program Managers 1 $72,000 $72,000 $30,240 $102,240 $15,461 $86,779 Shelter Supervisor 1 $45,000 $45,000 $18,900 $63,900 $9,663 $54,237 Shelter Supervisor, Assistant 1 $39,500 $39,500 $16,590 $56,090 $8,482 $47,608 Case Manager, Senior II 1 $55,750 $55,750 $23,415 $79,165 $11,971 $67,194 Case Manager II 2 $44,000 $88,000 $36,960 $124,960 $18,896 $106,064 Shelter Attendant 12 $28,750 $345,000 $144,900 $489,900 $74,083 $415,817 Outreach Specialist 0.5 $44,000 $22,000 $9,240 $31,240 $4,724 $26,516 Eligibility Specialist 1 $42,250 $42,250 $17,745 $59,995 $9,072 $50,923 Employment Specialist 1 $44,000 $44,000 $18,480 $62,480 $9,448 $53,032 Housing Resource Specialist 1 $42,250 $42,250 $17,745 $59,995 $9,072 $50,923 Intake Assistant II 0.5 $40,500 $20,250 $8,505 $28,755 $4,348 $24,407 Data Analyst II 1 $58,000 $58,000 $24,360 $82,360 $12,454 $69,906 Maintenance Technician 1.00 $38,750 $38,750 $16,275 $55,025 $8,321 $46,704 Food Manager 1.00 $50,250 $50,250 $21,105 $71,355 $10,790 $60,565 TOTAL PERSONNEL $1,489,935 $225,308 $1,264,627
OPERATING EXPENSES Cost
Client expense
Food and beverage $352,590 $352,590 $53,319 $299,271
Client supplies (clothing and incidentals)$12,000 $12,000 $1,815 $10,185 $0
Facilities $0
Property lease $25,200 $25,200 $3,811 $21,389
Utilities $72,404 $72,404 $11,000 $61,404
Janitorial $12,000 $12,000 $1,815 $10,185
Maintenance, Grounds $73,200 $73,200 $11,069 $62,131
Other professional services $16,513 $16,513 $2,497 $14,016 Taxes $58,500 $58,500 $8,846 $49,654
Site vehicle maintenance/repair $5,000 $5,000 $756 $4,244 $0
Loans and Fees $0
Sewer district loan $13,376 $13,376 $2,023 $11,353
City fees (water, garbage, etc…)$20,612 $20,612 $3,117 $17,495 Audit expense $11,900 $11,900 $1,800 $10,100
Business license $2,000 $2,000 $302 $1,698
$0
General Office $0
Office Supplies $13,042 $13,042 $1,982 $11,060
Telephone $6,800 $6,800 $1,028 $5,772
Insurance $14,600 $14,600 $2,208 $12,392
Office equipment $7,300 $7,300 $1,104 $6,196
Bank charges and fees $3,100 $3,100 $469 $2,631
Software licenses/dues $3,000 $3,000 $454 $2,546
Printing $6,000 $6,000 $907 $5,093
Postage $6,000 $6,000 $907 $5,093
Legal $3,500 $3,500 $529 $2,971
$0
Staff expense $0
Conferences and education $5,000 $5,000 $756 $4,244
Meetings and supplies $1,500 $1,500 $227 $1,273
Meals $5,000 $5,000 $756 $4,244
Travel and Lodging $2,500 $2,500 $378 $2,122
Mileage and parking $30,800 $30,800 $4,658 $26,142
Temporary personnel $12,000 $12,000 $1,815 $10,185
$0
Operating reserves $240,000 $240,000 $57,000 $183,000
TOTAL OPERATING EXPENSES $1,035,437 $177,347 $858,090
Indirect Expense @ 15.7%$396,483 $63,217 $333,267
TOTAL BUDGET $2,921,855 $465,872 $2,455,984
SHELTER SOLANO PERSONNEL & OPERATING BUDGET
YEAR 2 PROGRAM BUDGET
Packet Page 368 of 490Attachment 2 Page 17 of 17
Agenda Item No: 18.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Provide Second Reading and Adopt Ordinance 202216 of the City Council of the City of Fairfield Amending Chapter 25, Article I of the Fairfield City Code (also known as the Zoning Ordinance and the Zoning Map) to Rezone Approximately 19.44 Acres at 300 Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR (Regional Commercial) District to IL (Limited Industrial) District RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202216.
STATEMENT OF ISSUE
On November 1, 2022, the City Council held the first reading of an ordinance that would Amend Chapter 25, Article I of the Fairfield City Code (also known as the Zoning Ordinance and the Zoning Map) to rezone approximately 19.44 acres at 300 Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR (Regional Commercial) District to IL (Limited Industrial) District.
DISCUSSION
On August 24, 2022, the Planning Commission adopted Resolution No. PC20229 approving Development Review (DR2021016) for the development of two industrial warehouse buildings and associated site improvements on a 19.44acre site at 300 Chadbourne Road. Building 1 will have a building area of 103,440 square feet and a height of 42 feet, and Building 2 will have a building area of 225,113 square feet and a height of 46 feet. The project site was formerly home to Walmart, for which the existing vacant building and site improvements will be demolished as part of the project.
Additionally, the Planning Commission recommended City Council approval of the proposed General Plan Amendment and Zone Change and adoption of the Mitigated Negative Declaration.
On November 1, 2022, the City Council adopted Resolution No. 2022292 adopting the Mitigated Negative Declaration and approving the General Plan Amendment. The City Council also approved the first reading of an ordinance that would Amend Chapter 25, Article I of the Fairfield City Code (also known as the Zoning Ordinance and the Zoning Map) to rezone approximately 19.44 acres at 300 Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR (Regional Commercial) District to IL (Limited Industrial) District.
Packet Page 369 of 490
Agenda Item No: 18.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Provide Second Reading and Adopt Ordinance 202216 of the City Council of the Cityof Fairfield Amending Chapter 25, Article I of the Fairfield City Code (also known as theZoning Ordinance and the Zoning Map) to Rezone Approximately 19.44 Acres at 300Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR(Regional Commercial) District to IL (Limited Industrial) DistrictRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202216.STATEMENT OF ISSUEOn November 1, 2022, the City Council held the first reading of an ordinance that would Amend Chapter25, Article I of the Fairfield City Code (also known as the Zoning Ordinance and the Zoning Map) torezone approximately 19.44 acres at 300 Chadbourne Road (APNs: 0028750240, 250, 260, 270,290, and 300) from CR (Regional Commercial) District to IL (Limited Industrial) District.DISCUSSIONOn August 24, 2022, the Planning Commission adopted Resolution No. PC20229 approvingDevelopment Review (DR2021016) for the development of two industrial warehouse buildings andassociated site improvements on a 19.44acre site at 300 Chadbourne Road. Building 1 will have abuilding area of 103,440 square feet and a height of 42 feet, and Building 2 will have a building area of225,113 square feet and a height of 46 feet. The project site was formerly home to Walmart, for whichthe existing vacant building and site improvements will be demolished as part of the project.Additionally, the Planning Commission recommended City Council approval of the proposed GeneralPlan Amendment and Zone Change and adoption of the Mitigated Negative Declaration.On November 1, 2022, the City Council adopted Resolution No. 2022292 adopting the MitigatedNegative Declaration and approving the General Plan Amendment. The City Council also approved thefirst reading of an ordinance that would Amend Chapter 25, Article I of the Fairfield City Code (alsoknown as the Zoning Ordinance and the Zoning Map) to rezone approximately 19.44 acres at 300Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR (Regional Commercial) District to IL (Limited Industrial) District.
General Plan and Zoning Analysis: To facilitate the planned industrial development, the project requires City Council approval of a General Plan Amendment from Highway and Regional Commercial (CHR) to Limited Industrial (IL) and approval of a Zone Change from CR District to IL District.
The project is consistent with the IL designation in that it anticipates light and medium industrial activities, including warehousing, wholesale and distribution, manufacturing, and assembly for properties with the IL designation. The General Plan vision for the IL designation is implemented by the IL District. Although no specific operators or users have been identified as part of the project, Zoning Ordinance Table 2511: Industrial District Land Use Regulations would govern future uses that occupy the buildings under the IL District. The project is consistent with the applicable development standards of the Zoning Ordinance, as approved and conditioned.
The project is also consistent with the following General Plan Objectives:
• Objective LU 14:
Develop sufficient employment generating uses to maintain a positive City fiscal condition and housing balance.
• Objective LU 18:
Encourage infill development and compact growth.
• Objective ED 2:
Effectively concentrate industrial and commercial uses. • Objective ED 4:
Select commercial and industrial locations which are convenient, while compatible with the growth and future service needs of the community.
• Objective UD 8:
Encourage and approve infill development that is compatible with the surrounding area.
FINANCIAL IMPACT
There are no direct financial impacts to the City.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Planning Division published a public hearing notice in the Daily Republic newspaper and mailed to all property owners within 500 feet of the project site for the both the Planning Commission meeting of August 24, 2022, and the City Council meeting of November 1, 2022. The staff has not received any subsequent correspondence on the project as of writing this staff report.
ALTERNATIVE ACTION
The City Council may choose to deny any, or all, of the requests and not adopt the proposed ordinance.
In this case, the 8012 Industrial Center project, as proposed, would not proceed.
STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 4287387
[email protected]
Packet Page 370 of 490
Agenda Item No: 18.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Provide Second Reading and Adopt Ordinance 202216 of the City Council of the Cityof Fairfield Amending Chapter 25, Article I of the Fairfield City Code (also known as theZoning Ordinance and the Zoning Map) to Rezone Approximately 19.44 Acres at 300Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR(Regional Commercial) District to IL (Limited Industrial) DistrictRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202216.STATEMENT OF ISSUEOn November 1, 2022, the City Council held the first reading of an ordinance that would Amend Chapter25, Article I of the Fairfield City Code (also known as the Zoning Ordinance and the Zoning Map) torezone approximately 19.44 acres at 300 Chadbourne Road (APNs: 0028750240, 250, 260, 270,290, and 300) from CR (Regional Commercial) District to IL (Limited Industrial) District.DISCUSSIONOn August 24, 2022, the Planning Commission adopted Resolution No. PC20229 approvingDevelopment Review (DR2021016) for the development of two industrial warehouse buildings andassociated site improvements on a 19.44acre site at 300 Chadbourne Road. Building 1 will have abuilding area of 103,440 square feet and a height of 42 feet, and Building 2 will have a building area of225,113 square feet and a height of 46 feet. The project site was formerly home to Walmart, for whichthe existing vacant building and site improvements will be demolished as part of the project.Additionally, the Planning Commission recommended City Council approval of the proposed GeneralPlan Amendment and Zone Change and adoption of the Mitigated Negative Declaration.On November 1, 2022, the City Council adopted Resolution No. 2022292 adopting the MitigatedNegative Declaration and approving the General Plan Amendment. The City Council also approved thefirst reading of an ordinance that would Amend Chapter 25, Article I of the Fairfield City Code (alsoknown as the Zoning Ordinance and the Zoning Map) to rezone approximately 19.44 acres at 300Chadbourne Road (APNs: 0028750240, 250, 260, 270, 290, and 300) from CR (RegionalCommercial) District to IL (Limited Industrial) District.General Plan and Zoning Analysis: To facilitate the planned industrial development, the project requiresCity Council approval of a General Plan Amendment from Highway and Regional Commercial (CHR) toLimited Industrial (IL) and approval of a Zone Change from CR District to IL District. The project is consistent with the IL designation in that it anticipates light and medium industrialactivities, including warehousing, wholesale and distribution, manufacturing, and assembly forproperties with the IL designation. The General Plan vision for the IL designation is implemented by theIL District. Although no specific operators or users have been identified as part of the project, ZoningOrdinance Table 2511: Industrial District Land Use Regulations would govern future uses that occupythe buildings under the IL District. The project is consistent with the applicable development standardsof the Zoning Ordinance, as approved and conditioned. The project is also consistent with the following General Plan Objectives:• Objective LU 14: Develop sufficient employment generating uses to maintain a positive City fiscal condition and housingbalance. • Objective LU 18: Encourage infill development and compact growth. • Objective ED 2: Effectively concentrate industrial and commercial uses. • Objective ED 4: Select commercial and industrial locations which are convenient, while compatible with the growth andfuture service needs of the community. • Objective UD 8: Encourage and approve infill development that is compatible with the surrounding area.FINANCIAL IMPACTThere are no direct financial impacts to the City.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe Planning Division published a public hearing notice in the Daily Republic newspaper and mailed toall property owners within 500 feet of the project site for the both the Planning Commission meeting ofAugust 24, 2022, and the City Council meeting of November 1, 2022. The staff has not received anysubsequent correspondence on the project as of writing this staff report.ALTERNATIVE ACTIONThe City Council may choose to deny any, or all, of the requests and not adopt the proposed ordinance.In this case, the 8012 Industrial Center project, as proposed, would not proceed.STAFF CONTACTJonathan Atkinson, Senior Planner(707) 428[email protected] COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:
Description
Proposed Ordinance
Exhibit A (Zoning Exhibit)
REVIEWERS:
Reviewer Action Date
Feinstein, David Approved 10/31/2022 8:33 PM
Beavers, Esther Approved 11/1/2022 10:53 AM
Beavers, Esther Approved 11/1/2022 10:54 AM
Packet Page 371 of 490
CITY OF FAIRFIELD
ORDINANCE NO. 2022-16
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING CHAPTER 25, ARTICLE I, SECTION 25.12.3 OF THE FAIRFIELD CITY CODE (ALSO KNOWN AS THE ZONING ORDINANCE AND ZONING MAP) TO REZONE APPROXIMATELY 19.44 ACRES AT 300 CHADBOURNE ROAD (APNs: 0028-750-240, -250, -260, -270, -290, AND -300) FROM REGIONAL
COMMERCIAL (CR) DISTRICT TO LIMITED INDUSTRIAL (IL) DISTRICT
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 25, Article I, Section 25.12.3 to the Fairfield City Code, also known as the City of Fairfield Zoning Map, is hereby amended as shown on the Sectional Zoning Map (ZC2021-005) attached hereto as Exhibit A.
Section 25.47.5 Findings. The City Council finds as follows:
A. The proposed amendment is consistent with the goals, policies, and actions of the General Plan. The proposed Amendments would change the General Plan designation of the Project site from Highway and Regional Commercial to Limited Industrial and Zoning designation from Regional Commercial (CR) District to Limited Industrial (IL) District. The IL District implements the Limited Industrial designation of the General Plan. The Project is consistent with the General Plan in that it anticipates light and medium industrial activities, including warehousing, wholesale and distribution, manufacturing, and assembly for properties with the Limited Industrial designation. The Project is also consistent with multiple General Plan Objectives: Objective LU 14: Develop sufficient employment generating uses to maintain a positive city fiscal condition and housing balance; Objective LU 18: Encourage infill development and compact growth; Objective ED 2: Effectively concentrate industrial and commercial uses; Objective ED 4: Select commercial and industrial locations which are convenient, while compatible with the growth and future service needs of the community; and Objective UD 8: Encourage and approve infill development which is compatible with the surrounding area. The Project is consistent with each of these General Plan Objectives for the following reasons: The Project adds 328,553 square feet of flexible industrial space to the Fairfield market allowing for a variety of employment-generating uses. The Project is an infill development that will result in the redevelopment of a property that was formerly Walmart and is now largely underutilized. The Project effectively replaces a large vacant commercial building with two industrial warehouse buildings in a contiguous area with a collection of industrial buildings of varying sizes. The Project site is conveniently located along Highway 12 in the proximity of Interstate 80 and is already served by exist ing services and infrastructure.
The Project serves economic needs in that it will create industrial space that can accommodate employment-generating uses. The two industrial warehouse buildings will have respective building areas of 103,440 and 225,113 square feet and building heights Packet Page 372 of 490Attachment 1 Page 1 of 3
ORD. NO. 2022-16
of 42and 46 feet. Both buildings are generally comparable to the buildings that comprise the surrounding industrial business parks in size and bulk.
B. The Proposed Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. The Proposed Amendments would result in General Plan and Zoning designations already present in the surrounding area: IL District.
Residential uses are located on the other side of Highway 12 and do not border the Project site. The proposed industrial development will be subject to a collection of development standards and conditions of approval to ensure that it is constructed in a manner that does not endanger the public interest, health, and general welfare of Fairfield. Land uses that will occupy the Project site will be evaluated on a case -by-case basis for consistency with the IL District and compatibility, as necessary. Additionally, the Project site would not involve heavy industrial uses that could potentially have detrimental impacts on the surrounding area.
C. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested Zoning designations and anticipated land uses/developments. The Project site is physically suitable for industrial development in that it sits immediately south of Highway 12 with two points of access on Chadbourne Road. Because the Project site has previously been developed and surrounded by existing developments, the provision of utilities is not an issue for the planned industrial development. The area within Fairfield which is bound by Highway 12, Pennsylvania Avenue, Cordelia Road, and Hale Ranch Road is characteristically industrial with a variety of light and medium industrial operations, and some office uses. The anticipated land uses resulting from the General Plan Amendment, and Zone Change would be consistent with the IL District and compatible with existing and future industrial uses that comprise the surrounding area south of Highway 12.
D. The Proposed Amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA). The Mitigated Negative Declaration (ER2021-038), attached hereto as Exhibit A, properly identifies and mitigates potentially significant impacts relative to biological resources, cultural resources, hazards/hazardous materials, transportation, and tribal cultural resources.
Section 2. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.
Packet Page 373 of 490Attachment 1 Page 2 of 3
ORD. NO. 2022-16
INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of November, 2022, and
PASSED AND ADOPTED this 15th day of November, 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 374 of 490Attachment 1 Page 3 of 3
I 80
EB I80
WB I80
CHADBOURNE RDEB HWY 12 WB HWY 12
BUSCH DR
AUTO
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K
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AUTO MA
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WB HIGHWAY 12 AT CHADBOURNE OFFSUISUN PKWY ONBARLOW CTWB HIGHWAY 12 AT CHADB O
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LNWOOLNER AVCARTIER CT
ERICSSON CT
GUITTAR
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WB HWY 12I 80
EB HWY 12
SUISUN PK
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WB I80 CHADBOURNE RDSUISUN PKWY ON
IL
CR
IG
CR
IBP
RLM:6
REC
PF RLM
±
LEGEND
Zone Designations
AG
CC
CD
CDC
CM
CN
CO
CR
CS
CT
IBP
IG
IL
ITP
OSC
PF
REC
RVL
RL
RLM
RM
RH
RVH
None
Overlays
-NC
-PD
-P1
-H
Agriculture
Community Commercial
Downtown Commercial
Downtown Commercial Core
Mixed Commercial
Neighborhood Commercial
Office Commercial
Regional Commercial
Service Commercial
Thoroughfare Commercial
Industrial Business Park
General Industrial
Limited Industrial
Industrial Technology Park
Open Space Conservation
Public Facilities
Recreation
Very Low Density Residential
Low Density Residential
Low-Medium Density Residential
Medium Density Residential
High Density Residential
Very High Density Residential
Not in City / No Pre-Zoning
North Cordelia Overlay
Proposed Development Overlay
Downtown Parking Overlay
Hillside Overlay
Project Site: Zone Change: CR to IL
Parcels
Zoning
ZONING EXHIBIT
80-12 Industrial Center
(GPA2021-003), (ZC2021-005), (DR2021-016),(ER2021-038)
Exhibit A
Packet Page 375 of 490Attachment 2 Page 1 of 1
Agenda Item No: 19.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Measure P Oversight Committee Annual Report Presented by Chris Matthews and Steve Vancil
RECOMMENDED ACTION
Receive and file report.
STATEMENT OF ISSUE
City Council is being asked to receive the annual report from the Measure P Oversight Committee.
DISCUSSION
On November 12, 2012, Fairfield voters passed Measure P, a onecent transaction and use tax ordinance. The ordinance (Ordinance No. 2012 20) was certified as adopted by the voters by the council on December 18, 2012 (Resolution 2012 278), the measure was renewed by voters in 2016 for a further 15 years that will end in the year 2033.
Section 18.85 of the ordinance directed the council to establish a Fairfield Taxpayers Committee (hereafter referred to as the Measure P Oversight Committee or Committee) to review expenditures of revenues collected pursuant to the ordinance. The committee is also responsible to review the annual audit of the sales tax funds and other City financial reports necessary to advise the council of its findings. The committee’s role is advisory in nature, with no decisionmaking authority. The committee consists of five members appointed by the council. Members of the committee must be Fairfield residents and/or taxpayers.
Since Measure P was adopted, the Measure P Oversight Committee has met on a quarterly basis. The Committee received reports on the revenues generated by Measure P. The Oversight Committee has also received indepth presentations on the programs and services that are funded by Measure P, as well as other services that the city is enabled to perform due to several critical areas of Public Safety being funded by Measure P. Attached to this staff report is the annual report prepared by the Measure P Oversight Committee for the council.
FINANCIAL IMPACT
N/A
Packet Page 376 of 490
Agenda Item No: 19.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Measure P Oversight Committee Annual Report Presented by Chris Matthews andSteve VancilRECOMMENDED ACTIONReceive and file report.STATEMENT OF ISSUECity Council is being asked to receive the annual report from the Measure P Oversight Committee.DISCUSSIONOn November 12, 2012, Fairfield voters passed Measure P, a onecent transaction and use taxordinance. The ordinance (Ordinance No. 2012 20) was certified as adopted by the voters by thecouncil on December 18, 2012 (Resolution 2012 278), the measure was renewed by voters in 2016 fora further 15 years that will end in the year 2033.Section 18.85 of the ordinance directed the council to establish a Fairfield Taxpayers Committee(hereafter referred to as the Measure P Oversight Committee or Committee) to review expenditures ofrevenues collected pursuant to the ordinance. The committee is also responsible to review the annualaudit of the sales tax funds and other City financial reports necessary to advise the council of itsfindings. The committee’s role is advisory in nature, with no decisionmaking authority. The committeeconsists of five members appointed by the council. Members of the committee must be Fairfieldresidents and/or taxpayers.Since Measure P was adopted, the Measure P Oversight Committee has met on a quarterly basis. TheCommittee received reports on the revenues generated by Measure P. The Oversight Committee hasalso received indepth presentations on the programs and services that are funded by Measure P, aswell as other services that the city is enabled to perform due to several critical areas of Public Safetybeing funded by Measure P. Attached to this staff report is the annual report prepared by the Measure POversight Committee for the council.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
John Furtado, Finance Director
(707) 4287629
[email protected]
COORDINATED WITH
City Manager's Office, N/A
ATTACHMENTS:
Description
Measure P Oversight Committee Annual Report (FY2122)
REVIEWERS:
Reviewer Action Date
Ballard, Kelly Approved 11/4/2022 10:39 AM
Packet Page 377 of 490
Measure P: Delivering on the Promise. . . and then some! Fiscal Year 2021 – 2022 Annual Report (July 2021 – June 2022)
Chris Matthews, Chair
What is Measure P
Measure P is a locally controlled 1% transaction and general use tax designed to protect public safety, improve services, and enhance the quality of life in Fairfield. Measure P’s mandate is “to support neighborhood police patrols, firefighting and rapid 9-1-1 emergency response, crime prevention programs, fix potholes and repair neighborhood streets, parks and recreation (with an emphasis on youth and senior services), and other general services, with mandatory audits and independent oversight.” Measure P funds are dedicated solely for use by the City of Fairfield and are not subject to be diverted to the state or other agencies.
History of Measure P
In 2012, the City faced unprecedented deficits in its General Fund due to the loss of revenue associated with the 2008 recession and the unexpected loss of redevelopment dollars. As a result, Fairfield was forced to reduce its workforce by more than 20% and close City Hall and other city facilities every Friday. City employees pitched in by reducing their work hours and contributing more to their pensions and health care. These efforts, however, were not enough to maintain public safety and basic services, let alone offer services to enhance quality of life.
To prevent further cuts, the City Council put Measure P on the ballot for voter approval. It was passed by 68% of voters in 2012 and extended in 2016 with 69% voter approval.
Since its inception, Measure P has played an integral role in restoring critical services; strengthening public safety, improving streets and roads, and expanding services to enhance quality of life in Fairfield. Rather than a one-time financial solution, Fairfield has now benefitted from more than nine years of steady Measure P revenue.
Fiscal Year 2021 – 22 Summary:
The past fiscal year saw relaxation in COVID-19 restrictions with infections driven primarily by the Omicron variants, and City services transitioned back to normal operations.
SUMMARY OF FINANCIAL DATA TO INCLUDE TRENDS
Table 1 contains a comparison of the original budget, the revised budget, and the General Fund spending of actual receipts.
Packet Page 378 of 490Attachment 1 Page 1 of 10
Graph 1 shows spending ranked by category. We believe our Measure P categories align with the preferences stated in the Measure P ballot language. The largest amount of Measure P funds went to the Police and Fire Departments, as they have the largest budgets within the City.
Table 1 - Measure P FY 21-22 Revenue Trend and Use
Measure P Funding Description
FY 2021-22
Budget %
FY 2021-22
Revised
Budget %
FY 2021-22
Actual Exp*%
Public Works - Improving Streets and Roads 4,507,000 5,012,000 Streets Team 1,151,728
Annual Seal Coat Program 750,000
Maintain Local Streets (traffic O&M Signals)2,595,487
Subtotal 4,507,000 21% 5,012,000 19% 4,497,215 17% Public Works - Enhancing Quality of Life 950,000 1,400,000 Park Maintenance 980,571
Homeless Engagement & Response Team (HEART)800,832
Subtotal 950,000 4% 1,400,000 5% 1,781,403 7% Fire Department - Maintain Fire Service Levels 6,471,000 6,959,271 26 Firefighters/Engineers, 1BC 5,327,048
Vehicle Replacement/Maintenance Contributions 1,500,099 Subtotal 6,471,000 30% 6,959,271 27% 6,827,147 26% Police Department - Strengthening Public Safet 8,853,000 11,423,259 35 Police Officers 7,459,680
PAL Center 221,787
Vehicle Replacement Contributions 524,148
6 Dispatchers 743,645
Crime Prevention Unit 1,978,480
Homeless Intervention Team (HIT)802,265
Subtotal 8,853,000 41% 11,423,259 44% 11,730,005 45% Parks & Recreation - Enhancing Quality of Life 947,000 984,514 Adult Recreation Center/Senior Day Programming 255,294
Allan Witt Aquatics Complex 638,690
Downtown Theatre 167,016
Subtotal 947,000 4% 984,514 4% 1,061,000 4% TOTAL Measure P Revenue 21,728,000 100% 25,779,044 100% 25,896,770 100% *Actual Measure P receipts were $25,896,770, which is $117,726 higher then the revised budget.
Packet Page 379 of 490Attachment 1 Page 2 of 10
Graph 1 – Measure P Spending by Category
Graph 1 – Measure P spending by category
Graph 2 – Measure P tax and traditional Sales tax
Graph 2 – Measure P Tax Versus Traditional Sales Tax
Measure P Sales Tax
Orginal Budget 21.73 25.20
Revised Budget 25.78 28.79
Actual Results 25.90 30.28
-
5.00 10.00
15.00 20.00
25.00 30.00
35.00 FY 21-22 Sales Tax in Millions
Orginal Budget Revised Budget Actual Results
Parks &
Recreation Public Works Public Works Fire Police
Enhancing Quality of Life Improving Streets
and Roads
Maintain Fire
Service Levels
Strengthening
Public Safety
Total 1.06 1.78 4.50 6.83 11.73
0 2
4 6
8 10
12 14
In Millions
Total
Packet Page 380 of 490Attachment 1 Page 3 of 10
Graph 2 represents the budgeted amounts for the Measure P transaction tax in comparison to the sales tax figures. The Measure P amount was 84.1% of the traditional sales tax amount.
Traditional sales tax, also known as Bradley-Burns tax, is also funded by taxes from county pools.
Measure P transaction tax only captures purchases that are made within the physical boundaries of the City of Fairfield. Measure P is a significant augmentation of Fairfield’s traditional sales tax revenue, without which severe budget cuts to services would be required.
Improving Quality of Life
Broad Assistance to Address Homelessness: Measure P funds were instrumental in helping several City’s departments address one of our most urgent issues – homelessness. The Police Department’s Homeless Intervention Team (HIT), addresses homeless at various locations or in camps, and tries to assist individuals by providing resources. The Public Works Department manages the Homeless Engagement and Response Team (HEART) and cleans up camps, debris, and graffiti. This is important for health, sanitation, and the general welfare of the city. The county manages most social programs that provide assistance. To improve coordination, Fairfield has joined Solano County and our neighboring cities by forming a “2 by 2” committee of elected officials to address homelessness.
Below is data from the HIT and HEART teams:
Homeless Intervention Team (Police)
278 camps posted
109 individuals placed in shelter
17 individuals moved towards home
Homeless Engagement and Response Team (Public Works)
418 camps and sites cleaned up
1,542 cubic yards of debris removed
935 shopping carts retrieved
1,935 cubic yards of roadside debris removed
833 Adopt-A-Street bags removed
23,012 square feet of graffiti removed
Parks and Recreation
Measure P has helped maintain our Parks & Recreation facilities, further improving our quality of life. During the past year, the COVID pandemic continued to impact some service levels and staffing. With that said, the Aquatic Center was operated throughout the year, the Downtown Packet Page 381 of 490Attachment 1 Page 4 of 10
Theatre resumed their full contractual capacity, and the Adult Recreation Center was reactivated with social and recreational club activities. Department staff also sponsored many special events.
In addition to keeping City parks open, the following activities were held:
AQUATIC COMPLEX
Swim lessons through June included 157 sessions with a combined total of 690 participants.
Recreation swim totaled 5,034 users.
Four fitness programs were offered year-round with a combined total of 513. This includes monthly and 10-punch memberships.
Adaptive Aquatics had eight unique users.
DOWNTOWN THEATER
Resumed regular in-person operation and their contractual obligation of 39 shows.
Partnered with Jeff Traeger to offer outdoor concerts in the event space adjacent to the theater.
SENIOR PROGRAMS/SENIOR DAY PROGRAM
Twenty-four social and recreational clubs resumed meeting on-site.
Eight unique events were hosted at the Adult Recreation Center.
Meals on Wheels resumed congregate dining and on-site programs.
Police Department
Measure P continues to fund new and expanding police programs including the following:
Patrol Beat Realignment: For the past 15 years the city has been broken up into five beats, or Public Service Areas, for the purpose of deploying officers. This year, the Police divided the city into eight beats. Each beat is managed by a lieutenant, and the workload is balanced between a sergeant, a team of officers, and code enforcement officers. We updated the department webpages to include an interactive map that let’s residents know which beat they live in and provides contact information for police staff assigned to that beat.
CompStat 360: Police initiated a comprehensive monthly review of crime statistics, trends, and reduction/prevention tactics currently employed. Each Public Service Area (PSA) and beat presents crime data for their area and ideas are generated to respond to developing trends.
CompStat 360 allows the Police to remain focused on current crime issues and respond to emerging trends before they become overwhelming.
Packet Page 382 of 490Attachment 1 Page 5 of 10
Part 1 Crimes: Violent and property crimes were reduced by 8% and 475 firearms were removed, an increase of 68%.
Homeless Intervention Team: HIT continues to improve its operations with increased staffing.
The HIT team posted 61% more camps for cleanup and sheltered 1200% more individuals experiencing homelessness. Calls for service related to homelessness increased 39% and the HIT team continues to look for long-term solutions for our homeless residents.
Investigations Division: The Investigations Division was able to identify a better workspace solution in Cordelia above the Solano County Library. This new location provides more space for staff and will assist Cordelia residents by providing a police presence.
Crime Prevention: Police recently added one more crime prevention specialist, bringing that unit to three full-time staff. This year staff established five new neighborhood watch groups, for a total of 31 groups citywide. The unit also conducted 16 “Crime Prevention Through Environmental Design” surveys, a 433% increase. Staff planned and supported 52 community events throughout the year, a 372% increase, and oversaw a National Night Out with on-scene support at several neighborhood gatherings.
Citizen’s Police Academy: Crime Prevention staff planned and hosted the first Citizen’s Police Academy in several years. The seven-week course introduced over 20 attendees to every unit of the Department and included lecture, demonstrations, and hands-on experiences. The academy allowed residents to see and understand police work through the eyes of staff.
Community Action Team: Four officers and a sergeant were reassigned to create a CAT team, whose responsibility is to assist the business community and the multi-family housing community with issues of crime and blight. They are working to re-establish the Crime Free Multi Housing program and set up robust business watch programs in the Heart of Fairfield, West Texas, and North Texas street corridors.
Community Survey: The Department sent out a community survey to discover what residents need and expect from the Police Department. Approximately 750 residents responded, and their responses will aid in the development of our strategic plan.
Police Activities League (PAL): PAL has relocated to a new, permanent home in the old skating rink building on North Texas Street. This location is centrally located to assist the 600 youth that attend, and the additional police presence will aid in revitalization efforts in the area. The facility is scheduled to open near the end of 2022.
Public Information Officer: A full time Public Information Officer was hired last year. The new PIO has expanded our community and social media outreach, enabling us to better communicate with varying groups of residents.
Community Forums: To improve relationships with our underserved and underrepresented community groups, the department started community forums with Latino, African American, Packet Page 383 of 490Attachment 1 Page 6 of 10
Asian, and LGBTQ communities. A sergeant, a team of officers, and professional staff lead each community forum where they provide presentations on various topics and listen to concerns as they relate to policing in Fairfield.
Increase Personal Health and Wellness
Internal Staff Survey: The Department conducted an internal staff survey, which will help to inform strategic plan development. The survey gave staff an opportunity to anonymously give input and feedback on department operations and has led to the formation of internal focus groups that will improve trust, communication, and internal processes.
Hiring: Twenty-five new employees were hired, in both sworn and professional positions. Hiring has increased the department’s diversity and commitment to achieving 30% female officers by 2030 as the Department has increased from 6% to 15% female officers in the first year.
Enhance Regional Partnerships
Mobile Crisis: Police partnered with Solano County Behavioral Health and Uplift Family Services to start a mobile crisis program. The program allows trained mental health professionals to respond to police calls for service for mental health issues where there is no crime or safety concern. The partnership has resulted in better mental health treatment for patients, and safer responses for both the patients and the police.
Increase Roadway Safety
DUI Checkpoints: The Department held seven DUI checkpoints resulting in thousands of vehicles being screened, dozens of citations being issued for safety violations, and several DUI arrests.
Each DUI arrest potentially saves a life by removing an impaired driver from the roadway, and funding is vital to maintain these periodic checkpoints as they require dozens of staff to safely operate.
Side Shows: The Department partnered with other police agencies in Solano County to establish a task force to respond to illegal side show activity. Additionally, the department got a new city ordinance adopted which makes side shows on private property illegal and penalizes side show spectators who encourage the illegal activity.
Police Activities League (PAL)
Measure P funding has played an intricate part in the development of PAL, whose mission is to support the underserved and at-risk teens in Fairfield.
In 2022 PAL hosted a 10-week summer series. Each week, PAL members enjoyed a night of roller- skating with a live DJ, contests, blacktop basketball battles, and more.
PAL also completed a formal need assessment for Fairfield teens that included 522 student surveys and 102 listening circle / focus group participants. After, the student advisory body Packet Page 384 of 490Attachment 1 Page 7 of 10
provided recommendations for best practices and program strengths. They also discussed new opportunities for services and measured overall program outcomes.
With help from local agencies, PAL provided over 600 gourmet Thanksgiving meals, 50 breakfast with Santa boxes, and 25 4th of July shopping sprees!
There were 22 graduates from the National PAL membership program and the Why Try curriculum, where members train in public speaking, games leadership, and project management, before hosting the conference for their peers.
Fire Department
Measure P’s Cumulative Long-Term Impact on the Fire Department Since Measure P began, Fire Department call volume has increased 50.7%. During the 2021 calendar, the department received 15,068 calls for service. Between 2012 and 2021, minimum staffing increased by 20%. The Fire Prevention Bureau was re-established, and firefighter training ramped up with the completion of a new training tower. The extra work allowed the City to eventually upgrade its Insurance Services Office (ISO) rating from 3 to 2. (As a reference, only about 1% of all cities nationwide receive a 1 rating.)
Without the support of Measure P funds, the Fire Department would be unable to keep pace with the evolving demands of the community. In addition to call volume increases, the departments Prevention, Administration, Training, and Emergency Management divisions have all adapted to changes and increases in workload.
Past Year Fire Department Performance
COVID-19 continued to impact the Fire Department. Support to the city included serving as the liaison to the Solano County Public Health Officer. The department conducted extensive COVID- 19 testing and vaccinations and assisted with the development and enforcement of COVID-19 guidelines. The department responded with mutual aid to multiple statewide wildfires and shattered the previous record with more than 15,000 service calls. The Fire Prevention Bureau conducted over a thousand business inspections, plan reviews, public education, and code enforcement actions.
Station 37, home to both and engine and full-time truck company, continues to be the busiest in Solano County, and ranked as the 75th busiest in the nation. Requests for emergency medical service (EMS) represented about 70% of the call volume, and the department responded to 607 fires, an increase of 38% over the last five years.
Additional Staffing
Over the past year, four full-time firefighter/paramedic positions were added. That constituted the first phase of adding a seventh engine company to support the future Station 36 in Green Packet Page 385 of 490Attachment 1 Page 8 of 10
Valley. In combination with a Staffing for Adequate Fire and Emergency Response (SAFER) grant, the Department was able to fully deploy the seventh company in June 2022.
With continuous demands in the Emergency Management Division, Covid-19, and large-scale fires, the Department garnered City Council support to add a full-time administrative technician who serves as primary support to both that division and at the City-wide Fire Department level.
Another fire inspector was also added in September 2021.
Improving Streets and Roads
Cumulative statistics from Public Works covering 2014 to 2022:
• 686 potholes filled by Measure P Street Team
• 256 crosswalk improvements
• 29.67 million square ft. streets and roads improved
2021 - 22 projects:
The 2021 Pavement Project resurfaced more than 1,096,000 square feet of pavement and replaced 16 curb ramps to meet Americans with Disabilities Act (ADA) compliance on East Travis Boulevard, Air Base Parkway (from Peabody to Travis AFB), and the industrial park area of Fulton, Fermi, and Watt Streets.
The West Texas Street Gateway Project placed 1,925 tons of asphalt and provided 126,000 square feet of newly paved road on West Texas Street between Interstate 80 and Beck Avenue.
Measure P Street Teams improved 20 crosswalks and restored 75,000 square feet of asphalt at 89 locations throughout the city.
Upcoming projects include the Grange Middle School Safe Routes to School improvements and the North Texas Street Overlay. These projects will resurface approximately 740,000 square feet of pavement. An additional 110,000 square feet of pavement will be fully reconstructed on Cadenasso Drive to facilitate heavy bus traffic near the Fairfield Transportation Center.
Additional funds from Measure P have allowed us to catch up on deferred road repairs and resurfacing, resulting in improved local streets and roads.
The Public Works Department continues to employ an active Homeless Engagement and Response Team (HEART).
Investing in Fairfield’s Future
The City of Fairfield has made strategic investments in building general fund reserves, pension stabilization, economic development, infrastructure improvements, and revitalization (e.g., investment in parks and recreation, and the Heart of Fairfield plan). Although Measure P is not Packet Page 386 of 490Attachment 1 Page 9 of 10
the sole funding source for everything noted in this report, the improvements and investments could not have been made without Measure P. We are delivering on the promise, and then some.
Measure P Oversight Committee
In accordance with the Measure P ordinance, the City Council established an independent five- member Citizen Oversight Committee to monitor the use of those funds. The Committee meets quarterly to review financials, receive programmatic updates, and include conducted audits. The Committee attempts to have these meetings with various departments and locations throughout the City of Fairfield to gain a first-hand view of the funding needs of our city.
The Committee wants to thank the following individuals who provided data from their departments:
Ashley Adair – Police Department
Taylor Armour – Fire Department
Deanna Cantrell – Police Department
Kristina Chamberlin – Parks and Recreation Department
Ashley Doyle – Finance Department
John Furtado – Finance Department
Sullina Sanchez – Homeless Services Division
Heather Sanderson – Police Activities League
David Vong – Public Works Department
Karen Rees – City Clerk
Measure P committee members include:
Chris Matthews, Chair (Member since 2018)
Stephen Vancil, Vice Chair (Member since 2018)
Tim Tomko (Member since 2013)
Eddie Ramirez (Member since 2020)
Tehraleigh Martin (Member since 2020)
Packet Page 387 of 490Attachment 1 Page 10 of 10
Agenda Item No: 20.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Second Reading of Ordinance 202214 of the City Council of the City of Fairfield Repealing and Replacing Chapter 5 of the City Of Fairfield Municipal Code (Also Known as the Building and Housing Code of The City Of Fairfield), Adopting by Reference Title 24, of the 2022 California Code of Regulations, Known Collectively as the California Building Standards Code; Respectively Part 2, California Building Code; Part 2.5, California Residential Building Code; Part 3, California Electrical Code; Part 4, California Mechanical Code; Part 5, California Plumbing Code; Part 6, California Energy Code; Part 8, California Historical Building Code; Part 9, California Fire Code (as Amended in Chapter 8 of the City of Fairfield Municipal Code); Part 10, California Existing Building Code; Part 11, California Green Building Standards Code (Calgreen Code); Part 12, California Referenced Standards Code, and Also Adopting the 2021 International Property Maintenance Code, and Supplementary Secondary References RECOMMENDED ACTION
Hold public hearing; provide second reading and adopt Ordinance 202214.
STATEMENT OF ISSUE
On January 1, 2023, the 2022 California Building Standards Code (2022 Code) will become effective in all cities and counties in the State, regardless of whether they actually adopt said Code. The July 1, 2022, publication of the California Building Standards Code set in motion the 180day adoption cycle.
Within this cycle period, California State law permits the adoption of the State Building Standards Code with local amendments. The State requires most amendments to be based upon local climatic, topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, and welfare.
DISCUSSION
As residents, businesses, builders, and designers have come to expect certain historical construction considerations due to the City’s regional proximity to faults and subjugation to earthquakes, the historically associated local amendments are not proposed to be modified, except for the requirement to install copper water service lines to the building. The Public Works Water Division no longer relies on Packet Page 388 of 490
Agenda Item No: 20.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Second Reading of Ordinance 202214 of the City Council of the City of FairfieldRepealing and Replacing Chapter 5 of the City Of Fairfield Municipal Code (AlsoKnown as the Building and Housing Code of The City Of Fairfield), Adopting byReference Title 24, of the 2022 California Code of Regulations, Known Collectively asthe California Building Standards Code; Respectively Part 2, California Building Code;Part 2.5, California Residential Building Code; Part 3, California Electrical Code; Part4, California Mechanical Code; Part 5, California Plumbing Code; Part 6, CaliforniaEnergy Code; Part 8, California Historical Building Code; Part 9, California Fire Code(as Amended in Chapter 8 of the City of Fairfield Municipal Code); Part 10, CaliforniaExisting Building Code; Part 11, California Green Building Standards Code (CalgreenCode); Part 12, California Referenced Standards Code, and Also Adopting the 2021International Property Maintenance Code, and Supplementary Secondary References RECOMMENDED ACTIONHold public hearing; provide second reading and adopt Ordinance 202214.STATEMENT OF ISSUEOn January 1, 2023, the 2022 California Building Standards Code (2022 Code) will become effectivein all cities and counties in the State, regardless of whether they actually adopt said Code. The July 1,2022, publication of the California Building Standards Code set in motion the 180day adoption cycle.Within this cycle period, California State law permits the adoption of the State Building Standards Codewith local amendments. The State requires most amendments to be based upon local climatic,topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, andwelfare.DISCUSSIONAs residents, businesses, builders, and designers have come to expect certain historical constructionconsiderations due to the City’s regional proximity to faults and subjugation to earthquakes, the historically associated local amendments are not proposed to be modified, except for the requirement to install copper water service lines to the building. The Public Works Water Division no longer relies on electrical bonding and cathodic protection to prevent corrosion of their lines. The attached resolution identifies findings in support of the City of Fairfield’s local code amendments such as: prohibiting copper piping under buildings, and safer construction standards for fire prevention, such as roofing material fire classifications and fire reduction construction requirements for wood burning appliances based on the City’s unique climate, geography, and topography.
While the State is mandating the adoption of the 2022 Code, the council and the public should know there are a few notable changes from the previous Code version. The most notable changes occur in the California Energy Code and California Electrical code.
To address the State’s mandate for future electric vehicles and the desire to transition to allelectric residences, the new codes will require all new residences to have the following:
• Will now be required to install infrastructure to support a future Energy Storage System (ESS).
Examples of ESS systems include backup generators and or battery storage systems. This is in addition to the current requirements to install infrastructure for future solar and electric vehicle charging. • Systems or appliances plumbed with natural gas or propane must also install infrastructure for future electricity at the locations. Such systems and appliances include water heaters, clothes dryers, heating and ventilation systems, and ovens and ranges.
• As a result of the increasing electricity demand, we will now require to install a minimum of 200amps main electric service panel. This is an increase from the current minimum of 100amps. With these demands and potential additions of accessory dwelling units (ADU), main service panels will likely be required to be increased to 400amps to meet the electric demand and loads on the system. • With the increase in required electrical installations and the sensitive electronics that will be required to control these systems, the code will also require all new main service panels to have integrated surge protectors to safeguard the sensitive electronics from both electrical surges, and high amperage draws through the main panel when the electric grid is overtaxed.
Regarding environmental determination, the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3). This exemption applies where it can be seen with certainty, there is no possibility that the activity in question may have a significant effect on the environment.
FINANCIAL IMPACT
No new financial impacts on the City of Fairfield are anticipated from the implementation of this ordinance. However, it is anticipated that the new code changes, especially those noted above, will have a substantial impact on the cost of construction, especially new residences.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public hearing notices were published in the Daily Republic on Friday, October 21, 2022, and Friday, October 28, 2022.
ALTERNATIVE ACTION
The City Council may choose not to adopt the ordinance regarding the 2022 Code. If not adopted, the 2022 Code referenced herein will go into effect regardless, per the state mandate. However, it will not allow for local amendments to said codes to address the specific safety and wellbeing of the citizens of Fairfield.
Packet Page 389 of 490
Agenda Item No: 20.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Second Reading of Ordinance 202214 of the City Council of the City of FairfieldRepealing and Replacing Chapter 5 of the City Of Fairfield Municipal Code (AlsoKnown as the Building and Housing Code of The City Of Fairfield), Adopting byReference Title 24, of the 2022 California Code of Regulations, Known Collectively asthe California Building Standards Code; Respectively Part 2, California Building Code;Part 2.5, California Residential Building Code; Part 3, California Electrical Code; Part4, California Mechanical Code; Part 5, California Plumbing Code; Part 6, CaliforniaEnergy Code; Part 8, California Historical Building Code; Part 9, California Fire Code(as Amended in Chapter 8 of the City of Fairfield Municipal Code); Part 10, CaliforniaExisting Building Code; Part 11, California Green Building Standards Code (CalgreenCode); Part 12, California Referenced Standards Code, and Also Adopting the 2021International Property Maintenance Code, and Supplementary Secondary References RECOMMENDED ACTIONHold public hearing; provide second reading and adopt Ordinance 202214.STATEMENT OF ISSUEOn January 1, 2023, the 2022 California Building Standards Code (2022 Code) will become effectivein all cities and counties in the State, regardless of whether they actually adopt said Code. The July 1,2022, publication of the California Building Standards Code set in motion the 180day adoption cycle.Within this cycle period, California State law permits the adoption of the State Building Standards Codewith local amendments. The State requires most amendments to be based upon local climatic,topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, andwelfare.DISCUSSIONAs residents, businesses, builders, and designers have come to expect certain historical constructionconsiderations due to the City’s regional proximity to faults and subjugation to earthquakes, thehistorically associated local amendments are not proposed to be modified, except for the requirementto install copper water service lines to the building. The Public Works Water Division no longer relies onelectrical bonding and cathodic protection to prevent corrosion of their lines. The attached resolutionidentifies findings in support of the City of Fairfield’s local code amendments such as: prohibitingcopper piping under buildings, and safer construction standards for fire prevention, such as roofingmaterial fire classifications and fire reduction construction requirements for wood burning appliancesbased on the City’s unique climate, geography, and topography.While the State is mandating the adoption of the 2022 Code, the council and the public should knowthere are a few notable changes from the previous Code version. The most notable changes occur inthe California Energy Code and California Electrical code. To address the State’s mandate for future electric vehicles and the desire to transition to allelectricresidences, the new codes will require all new residences to have the following:• Will now be required to install infrastructure to support a future Energy Storage System (ESS).Examples of ESS systems include backup generators and or battery storage systems. This is inaddition to the current requirements to install infrastructure for future solar and electric vehicle charging.• Systems or appliances plumbed with natural gas or propane must also install infrastructure for futureelectricity at the locations. Such systems and appliances include water heaters, clothes dryers, heatingand ventilation systems, and ovens and ranges. • As a result of the increasing electricity demand, we will now require to install a minimum of 200ampsmain electric service panel. This is an increase from the current minimum of 100amps. With thesedemands and potential additions of accessory dwelling units (ADU), main service panels will likely berequired to be increased to 400amps to meet the electric demand and loads on the system.• With the increase in required electrical installations and the sensitive electronics that will be requiredto control these systems, the code will also require all new main service panels to have integrated surgeprotectors to safeguard the sensitive electronics from both electrical surges, and high amperage drawsthrough the main panel when the electric grid is overtaxed. Regarding environmental determination, the adoption of this ordinance is exempt from the CaliforniaEnvironmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3). This exemptionapplies where it can be seen with certainty, there is no possibility that the activity in question may have asignificant effect on the environment.FINANCIAL IMPACTNo new financial impacts on the City of Fairfield are anticipated from the implementation of thisordinance. However, it is anticipated that the new code changes, especially those noted above, willhave a substantial impact on the cost of construction, especially new residences.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONPublic hearing notices were published in the Daily Republic on Friday, October 21, 2022, and Friday,October 28, 2022.ALTERNATIVE ACTIONThe City Council may choose not to adopt the ordinance regarding the 2022 Code. If not adopted, the2022 Code referenced herein will go into effect regardless, per the state mandate. However, it will not allow for local amendments to said codes to address the specific safety and wellbeing of the citizens of Fairfield.
STAFF CONTACT
Jeff Thomas, Chief Building Official
(707) 4287442
[email protected]
COORDINATED WITH
ATTACHMENTS:
Description
Proposed Ordinance
REVIEWERS:
Reviewer Action Date
Thomas, Jeff Rejected 11/1/2022 8:24 AM
Thomas, Jeff Approved 11/1/2022 1:47 PM
Feinstein, David Approved 11/1/2022 11:52 AM
Ballard, Kelly Approved 11/2/2022 6:19 PM
Ballard, Kelly Approved 11/2/2022 6:19 PM
Packet Page 390 of 490
CITY OF FAIRFIELD
ORDINANCE NO. 2022-14
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REPEALING AND REPLACING CHAPTER 5 OF THE CITY OF FAIRFIELD MUNICIPAL CODE (ALSO KNOWN AS
THE BUILDING AND HOUSING CODE OF THE CITY OF FAIRFIELD), ADOPTING BY REFERENCE TITLE 24, OF THE 2022 CALIFORNIA CODE OF REGULATIONS, KNOWN COLLECTIVELY AS THE CALIFORNIA BUILDING STANDARDS CODE; RESPECTIVELY PART 2, CALIFORNIA BUILDING CODE; PART 2.5, CALIFORNIA RESIDENTIAL BUILDING CODE; PART 3, CALIFORNIA ELECTRICAL CODE; PART 4, CALIFORNIA MECHANICAL CODE; PART 5, CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA ENERGY CODE; PART 8, CALIFORNIA HISTORICAL BUILDING CODE; PART 9, CALIFORNIA FIRE CODE (AS AMENDED IN CHAPTER 8 OF THE CITY OF FAIRFIELD MUNICIPAL CODE); PART 10, CALIFORNIA EXISTING BUILDING CODE; PART 11, CA LIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN CODE); PART 12, CALIFORNIA REFERENCED STANDARDS CODE, AND ALSO ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE
CODE, AND SUPPLEMENTARY SECONDARY REFERENCES
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5 of the city of Fairfield Municipal Code (also known as the Building and Housing Code of the city of Fairfield) is hereby repealed in its entirety and replaced as follows:
Packet Page 391 of 490Attachment 1 Page 1 of 38
ORD. NO. 2022-14