CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
REGULAR CONCURRENT MEETING
TUESDAY, NOVEMBER 15, 2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM
AGENDA
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428 7400.
For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.
Pursuant to AB 361 regarding public meetings held during the COVID19 emergency, councilmembers may attend via teleconference. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85300304627?pwd=Wm9pUlBDaXdTVmlzTVpyeGxKVFUrdz09 or via phone (408) 6380968, Webinar ID: 853 0030 4627, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Colonel Bradley Kelsey, Travis Air Force Base Chaplain PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
Packet Page 1 of 490
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, NOVEMBER 15, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85300304627?pwd=Wm9pUlBDaXdTVmlzTVpyeGxKVFUrdz09 or viaphone (408) 6380968, Webinar ID: 853 0030 4627, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Colonel Bradley Kelsey, Travis Air Force Base ChaplainPLEDGE OF ALLEGIANCECOUNCIL REPORTS CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY CLERK REPORT
PRESENTATIONS
1.Proclamation Declaring Small Business Saturday Presented by Councilmember Scott Tonnesen
Contact:Karen Rees, (707) 428 7767
a
2.Proclamation Declaring Native American Heritage Month Presented by Councilmember Cat Moy
Contact:Karen L. Rees, (707) 4287767
a
3.Fairfield 101 Civic Academy Graduation
Contact:Esther Beavers, (707) 4287400
a
4.Presentation by Colonel Garlow, TAFB Intergovernmental Support Agreement Advancement Contact:David Gassaway, (707) 4287398
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.
CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY The holding of a joint meeting of the City Council and Housing Authority entitles the Councilmembers to receive additional compensation of $35 for attending this joint meeting.
JOINT MEETING CONSENT CALENDAR
5.Resolution 2022293 of the City Council of the City of Fairfield Declaring That Certain Real Properties Owned by the City, Under Government Code Section 54221, are Surplus and Not Necessary for the City’s Use; and
Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain Real Properties Owned by the Fairfield Housing Authority, Under Government Code Section 54221, are Surplus and Not Necessary for the Housing Authority’s Use
Recommended Action
Adopt resolutions.
Funding Source
Packet Page 2 of 490
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, NOVEMBER 15, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85300304627?pwd=Wm9pUlBDaXdTVmlzTVpyeGxKVFUrdz09 or viaphone (408) 6380968, Webinar ID: 853 0030 4627, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Colonel Bradley Kelsey, Travis Air Force Base ChaplainPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Small Business Saturday Presented by Councilmember ScottTonnesenContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Native American Heritage Month Presented by Councilmember CatMoyContact:Karen L. Rees, (707) 4287767a3.Fairfield 101 Civic Academy GraduationContact:Esther Beavers, (707) 4287400a4.Presentation by Colonel Garlow, TAFB Intergovernmental Support Agreement AdvancementContact:David Gassaway, (707) 4287398aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles theCouncilmembers to receive additional compensation of $35 for attending this joint meeting.JOINT MEETING CONSENT CALENDAR5.Resolution 2022293 of the City Council of the City of Fairfield Declaring That Certain RealProperties Owned by the City, Under Government Code Section 54221, are Surplus and NotNecessary for the City’s Use; and Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain Real PropertiesOwned by the Fairfield Housing Authority, Under Government Code Section 54221, are Surplusand Not Necessary for the Housing Authority’s Use Recommended Action Adopt resolutions.
Funding Source
N/A
Dwayne Dalman, (707) 4287649
a
RECONVENE MEETING OF THE CITY COUNCIL
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
6.Resolution 2022294 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a
7.Resolution 2022295 of the City Council of the City of Fairfield Canceling January 3, July 4, and August 1, 2023, City Council Meetings
Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a
8.Approval of Meeting Minutes from October 2022
Recommended Action
Approve the meeting minutes.
Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a
9.Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the 2022 City Council Handbook
Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Anna Guiles, (707) 4287399
a
10.Resolution 2022297 of the City Council of the City of Fairfield Approving the Fiscal Year 2022 2023 Supplement to Engineer’s Report, as Modified, Confirming the Boundaries, and Deferring the Fiscal Year 20222023 Levy and Collection of Assessments for the Smith Ranch Assessment District
Recommended Action
Packet Page 3 of 490
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, NOVEMBER 15, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85300304627?pwd=Wm9pUlBDaXdTVmlzTVpyeGxKVFUrdz09 or viaphone (408) 6380968, Webinar ID: 853 0030 4627, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Colonel Bradley Kelsey, Travis Air Force Base ChaplainPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Small Business Saturday Presented by Councilmember ScottTonnesenContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Native American Heritage Month Presented by Councilmember CatMoyContact:Karen L. Rees, (707) 4287767a3.Fairfield 101 Civic Academy GraduationContact:Esther Beavers, (707) 4287400a4.Presentation by Colonel Garlow, TAFB Intergovernmental Support Agreement AdvancementContact:David Gassaway, (707) 4287398aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles theCouncilmembers to receive additional compensation of $35 for attending this joint meeting.JOINT MEETING CONSENT CALENDAR5.Resolution 2022293 of the City Council of the City of Fairfield Declaring That Certain RealProperties Owned by the City, Under Government Code Section 54221, are Surplus and NotNecessary for the City’s Use; and Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain Real PropertiesOwned by the Fairfield Housing Authority, Under Government Code Section 54221, are Surplusand Not Necessary for the Housing Authority’s Use Recommended ActionAdopt resolutions.Funding SourceN/ADwayne Dalman, (707) 4287649aRECONVENE MEETING OF THE CITY COUNCILCONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.6.Resolution 2022294 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a7.Resolution 2022295 of the City Council of the City of Fairfield Canceling January 3, July 4, andAugust 1, 2023, City Council MeetingsRecommended ActionAdopt resolution.Funding SourceN/AContact:Esther Beavers, (707) 4287402a8.Approval of Meeting Minutes from October 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a9.Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the 2022City Council Handbook Recommended ActionAdopt resolution. Funding SourceN/AContact:Anna Guiles, (707) 4287399a10.Resolution 2022297 of the City Council of the City of Fairfield Approving the Fiscal Year 20222023 Supplement to Engineer’s Report, as Modified, Confirming the Boundaries, and Deferringthe Fiscal Year 20222023 Levy and Collection of Assessments for the Smith Ranch Assessment District
Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
11.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.
Funding Source
$164,527; Intergovernmental Service Fund
Contact:Marisa Cumpian, (707) 4287494
a
12.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.
Funding Source
N/A
Contact:Marisa Cumpian, (707) 4287494
a
13.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.
Funding Source
$2,042,329; Water Capital Fund
Contact:Phil Layoso, (707) 4287505
a
14.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.
Funding Source
N/A
Contact:Amber Villarreal, (707) 4343804
a
15.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 Packet Page 4 of 490
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, NOVEMBER 15, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85300304627?pwd=Wm9pUlBDaXdTVmlzTVpyeGxKVFUrdz09 or viaphone (408) 6380968, Webinar ID: 853 0030 4627, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Colonel Bradley Kelsey, Travis Air Force Base ChaplainPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Small Business Saturday Presented by Councilmember ScottTonnesenContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Native American Heritage Month Presented by Councilmember CatMoyContact:Karen L. Rees, (707) 4287767a3.Fairfield 101 Civic Academy GraduationContact:Esther Beavers, (707) 4287400a4.Presentation by Colonel Garlow, TAFB Intergovernmental Support Agreement AdvancementContact:David Gassaway, (707) 4287398aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles theCouncilmembers to receive additional compensation of $35 for attending this joint meeting.JOINT MEETING CONSENT CALENDAR5.Resolution 2022293 of the City Council of the City of Fairfield Declaring That Certain RealProperties Owned by the City, Under Government Code Section 54221, are Surplus and NotNecessary for the City’s Use; and Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain Real PropertiesOwned by the Fairfield Housing Authority, Under Government Code Section 54221, are Surplusand Not Necessary for the Housing Authority’s Use Recommended ActionAdopt resolutions.Funding SourceN/ADwayne Dalman, (707) 4287649aRECONVENE MEETING OF THE CITY COUNCILCONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.6.Resolution 2022294 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a7.Resolution 2022295 of the City Council of the City of Fairfield Canceling January 3, July 4, andAugust 1, 2023, City Council MeetingsRecommended ActionAdopt resolution.Funding SourceN/AContact:Esther Beavers, (707) 4287402a8.Approval of Meeting Minutes from October 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a9.Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the 2022City Council Handbook Recommended ActionAdopt resolution. Funding SourceN/AContact:Anna Guiles, (707) 4287399a10.Resolution 2022297 of the City Council of the City of Fairfield Approving the Fiscal Year 20222023 Supplement to Engineer’s Report, as Modified, Confirming the Boundaries, and Deferringthe Fiscal Year 20222023 Levy and Collection of Assessments for the Smith RanchAssessment DistrictRecommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a11.Resolution 2022298 of the City Council of the City of Fairfield Authorizing Task Order No. 16 forKimleyHorn & Associates to Provide Engineering Services for Fiber Communications(Broadband) Asset Field Investigation and Authorizing an Update to the Fiscal Year 20222023BudgetRecommended ActionAdopt resolution.Funding Source$164,527; Intergovernmental Service FundContact:Marisa Cumpian, (707) 4287494a12.Resolution 202299 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Blanket Intergovernmental Support Agreement between the City of Fairfield andTravis Air Force Base Recommended ActionAdopt resolution.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a13.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 North BayRegional Water Treatment Plant Laboratory Improvement Project; and Resolution 2022301 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Amendment No. 1 to Task Order No. 3 for West Yost Associates to provideConstruction Support Services for the North Bay Regional Water Treatment Plant LaboratoryImprovement Project Recommended ActionAdopt resolutions.Funding Source$2,042,329; Water Capital FundContact:Phil Layoso, (707) 4287505a14.Resolution 2022302 of the City Council of the City of Fairfield Authorizing the City Manager toExecute the 2022 Amended and Restated Clipper® Memorandum of UnderstandingRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Villarreal, (707) 4343804 a
15.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.
Funding Source
Community Facilities District No. 3 North Cordelia General Improvement Fund Contact:John Furtado, (707) 4287629
a
16.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.
Funding Source
N/A
Contact:Kristina Chamberlin, (707) 4287470
a
17.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.
Funding Source
N/A
Contact:David Gassaway, (707) 4287398
a
18.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.
Funding Source
N/A
Contact:Jonathan Atkinson, (707 )4287387
a
NEW BUSINESS
19.Measure P Oversight Committee Annual Report Presented by Chris Matthews and Steve Vancil Recommended Action
Receive and file report.
Funding Source
N/A
Contact:John Furtado, (707) 4287629
a
Packet Page 5 of 490
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, NOVEMBER 15, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85300304627?pwd=Wm9pUlBDaXdTVmlzTVpyeGxKVFUrdz09 or viaphone (408) 6380968, Webinar ID: 853 0030 4627, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Colonel Bradley Kelsey, Travis Air Force Base ChaplainPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Small Business Saturday Presented by Councilmember ScottTonnesenContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Native American Heritage Month Presented by Councilmember CatMoyContact:Karen L. Rees, (707) 4287767a3.Fairfield 101 Civic Academy GraduationContact:Esther Beavers, (707) 4287400a4.Presentation by Colonel Garlow, TAFB Intergovernmental Support Agreement AdvancementContact:David Gassaway, (707) 4287398aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles theCouncilmembers to receive additional compensation of $35 for attending this joint meeting.JOINT MEETING CONSENT CALENDAR5.Resolution 2022293 of the City Council of the City of Fairfield Declaring That Certain RealProperties Owned by the City, Under Government Code Section 54221, are Surplus and NotNecessary for the City’s Use; and Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain Real PropertiesOwned by the Fairfield Housing Authority, Under Government Code Section 54221, are Surplusand Not Necessary for the Housing Authority’s Use Recommended ActionAdopt resolutions.Funding SourceN/ADwayne Dalman, (707) 4287649aRECONVENE MEETING OF THE CITY COUNCILCONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.6.Resolution 2022294 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a7.Resolution 2022295 of the City Council of the City of Fairfield Canceling January 3, July 4, andAugust 1, 2023, City Council MeetingsRecommended ActionAdopt resolution.Funding SourceN/AContact:Esther Beavers, (707) 4287402a8.Approval of Meeting Minutes from October 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a9.Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the 2022City Council Handbook Recommended ActionAdopt resolution. Funding SourceN/AContact:Anna Guiles, (707) 4287399a10.Resolution 2022297 of the City Council of the City of Fairfield Approving the Fiscal Year 20222023 Supplement to Engineer’s Report, as Modified, Confirming the Boundaries, and Deferringthe Fiscal Year 20222023 Levy and Collection of Assessments for the Smith RanchAssessment DistrictRecommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a11.Resolution 2022298 of the City Council of the City of Fairfield Authorizing Task Order No. 16 forKimleyHorn & Associates to Provide Engineering Services for Fiber Communications(Broadband) Asset Field Investigation and Authorizing an Update to the Fiscal Year 20222023BudgetRecommended ActionAdopt resolution.Funding Source$164,527; Intergovernmental Service FundContact:Marisa Cumpian, (707) 4287494a12.Resolution 202299 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Blanket Intergovernmental Support Agreement between the City of Fairfield andTravis Air Force Base Recommended ActionAdopt resolution.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a13.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 North BayRegional Water Treatment Plant Laboratory Improvement Project; and Resolution 2022301 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Amendment No. 1 to Task Order No. 3 for West Yost Associates to provideConstruction Support Services for the North Bay Regional Water Treatment Plant LaboratoryImprovement Project Recommended ActionAdopt resolutions.Funding Source$2,042,329; Water Capital FundContact:Phil Layoso, (707) 4287505a14.Resolution 2022302 of the City Council of the City of Fairfield Authorizing the City Manager toExecute the 2022 Amended and Restated Clipper® Memorandum of UnderstandingRecommended ActionAdopt resolution.Funding SourceN/AContact:Amber Villarreal, (707) 4343804a15.Resolution 2022303 of the City Council of the City of Fairfield Authorizing the Execution andDelivery of a First Supplement to Fiscal Agent Agreement for the City of Fairfield CommunityFacilities District No. 3 (North Cordelia General Improvements) Special Tax Refunding Bonds,Series 2018, and Approving and Authorizing Related ActionsRecommended ActionAdopt resolution.Funding SourceCommunity Facilities District No. 3 North Cordelia General Improvement FundContact:John Furtado, (707) 4287629a16.Resolution 2022304 of the City Council of the City of Fairfield Approving an Amendment toResolution 99302 Revising the Structure and Duties of the Fairfield Golf Advisory BoardRecommended ActionAdopt resolution.Funding SourceN/AContact:Kristina Chamberlin, (707) 4287470a17.Resolution 2022305 of the City Council of the City of Fairfield Updating Resolution 2020208Authorizing the City of Fairfield to Submit an Application for the Housing and CommunityDevelopment Permanent Local Housing Allocation (PLHA) Program Funding and to Sign andExecute Standard Program AgreementsRecommended ActionAdopt resolutions.Funding SourceN/AContact:David Gassaway, (707) 4287398a18.Provide Second Reading and Adopt Ordinance 202216 of the City Council of the City ofFairfield Amending Chapter 25, Article I of the Fairfield City Code (also known as the ZoningOrdinance and the Zoning Map) to Rezone Approximately 19.44 Acres at 300 ChadbourneRoad (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.Funding SourceN/AContact:Jonathan Atkinson, (707 )4287387aNEW BUSINESS19.Measure P Oversight Committee Annual Report Presented by Chris Matthews and Steve VancilRecommended ActionReceive and file report.Funding SourceN/AContact:John Furtado, (707) 4287629aPUBLIC HEARINGS20.Public Hearing; and Second Reading of Ordinance 202214 of the City Council of the City of Fairfield Repealing andReplacing Chapter 5 of the City Of Fairfield Municipal Code (Also Known as the Building andHousing Code of The City Of Fairfield), Adopting by Reference Title 24, of the 2022 CaliforniaCode 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, CaliforniaPlumbing 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 2021International Property Maintenance Code, and Supplementary Secondary References Recommended ActionHold public hearing; provide second reading and adopt Ordinance 202214.Funding SourceN/AContact:Jeff Thomas (707) 4287442a21.Public Hearing; and Second Reading of Ordinance 202215 of the City Council of the City of Fairfield Repealing andReplacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by ReferenceCalifornia Code of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, withAmendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the2021 International Fire CodeRecommended ActionHold public hearing; provide second reading and adopt Ordinance 202215.Funding SourceN/AContact:Steven Conti, (707) 4287550a22.Public Hearing; and Resolution 2022306 of the City Council of the City of Fairfield Approving the Engineer’s Reportand Assessment Diagram Contained Therein Regarding the Annexation of Territory Designatedas Annexation No. 8 (LogistiCenter at Fairfield) to the City of Fairfield Landscaping and LightingMaintenance District No. 17 ChadbourneBeckCordelia; and the Levy and Collection ofAnnual Assessments Related Thereto Commencing with Fiscal Year 20232024; andResolution 2022307 of the City Council of the City of Fairfield Declaring the Results of aProperty Owner Protest Ballot Proceeding for the City of Fairfield Landscaping and LightingMaintenance District No. 17 ChadbourneBeckCordelia, Annexation No. 8 (LogistiCenter atFairfield); and the Levy and Collection of Annual Assessments Related Thereto CommencingFiscal Year 20232024; and Resolution 2022308 of the City Council of the City of Fairfield Ordering the Annexation of Territory (LogistiCenter at Fairfield) to the City of Fairfield Landscaping and Lighting Maintenance District No. 17 ChadbourneBeckCordelia; Designation as Annexation No. 8; and the Levy and Collection of Annual Assessments Related Thereto Commencing Fiscal Year 20232024
Recommended Action
Hold public hearing and adopt resolutions.
Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
23.Public Hearing; and
Resolution 2022309 of the City Council of the City of Fairfield Annexing Territory (LogistiCenter at Fairfield) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 61, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022310 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 61 (LogistiCenter at Fairfield) Recommended Action
Hold public hearing and adopt resolutions.
Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
ADJOURN TO TUESDAY, DECEMBER 6, 2022, 6:00 P.M., COUNCIL CHAMBER.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
PUBLIC NOTIFICATION
I, Kelly Ballard, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Thursday, November 10, 2022.
Packet Page 7 of 490
Agenda Item No: 5.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council/ Fairfield Housing Authority Chair and Commissioners FROM:David Gassaway, Interim City Manager & Interim Executive Director SUBJECT:Resolution 2022293 of the City Council of the City of Fairfield Declaring That Certain Real Properties Owned by the City, Under Government Code Section 54221, are Surplus and Not Necessary for the City’s Use; and
Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain Real Properties Owned by the Fairfield Housing Authority, Under Government Code Section 54221, are Surplus and Not Necessary for the Housing Authority’s Use RECOMMENDED ACTION
Adopt resolutions.
STATEMENT OF ISSUE
As required by Government Code Section 54221, the proposed resolutions allow the City Council to declare real property surplus land prior to disposing of or leasing the properties.
DISCUSSION
The City owns the properties at 1100 Texas Street and 1120 Texas Street (City Properties). The Fairfield Housing Authority (FHA) owns 1133 Empire Street, 730 Great Jones Street, and Highway 12 (FHA Properties). The City and FHA have determined that under the Surplus Land Act, Government Code Sections 5422054223 (Act), the City Properties and the FHA Properties are no longer needed for the City and FHA’s use and therefore, the City and FHA wish to declare the City Properties and FHA Properties surplus (collectively Surplus Properties.)
The Surplus Properties identified in the Surplus Land List, Attachment 3, are vacant parcels not being used by the City or the FHA, and there is no future need for the Surplus Properties. The FHA owns the property at Highway 12, zoned Industrial and Business Park (IBP), and has no use for this property. The remaining 3 properties are owned by the FHA and City, and they would like to assemble these properties for a larger potential mixeduse project. Allowable commercial and mixeduse uses are the highest and best use of these properties as opposed to any potential City or FHA use.
Before the council disposes of or negotiates to dispose of the Surplus Properties, the Act requires a written notice of availability (NOA) of the Surplus Properties. The NOA must include the location and a description of the Surplus Properties and be sent to certain designated entities. The City and HA must Packet Page 8 of 490
Agenda Item No: 5.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City Council/ Fairfield Housing Authority Chair and CommissionersFROM:David Gassaway, Interim City Manager & Interim Executive DirectorSUBJECT:Resolution 2022293 of the City Council of the City of Fairfield Declaring That CertainReal Properties Owned by the City, Under Government Code Section 54221, areSurplus and Not Necessary for the City’s Use; and Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain RealProperties Owned by the Fairfield Housing Authority, Under Government Code Section54221, are Surplus and Not Necessary for the Housing Authority’s Use RECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEAs required by Government Code Section 54221, the proposed resolutions allow the City Council todeclare real property surplus land prior to disposing of or leasing the properties.DISCUSSIONThe City owns the properties at 1100 Texas Street and 1120 Texas Street (City Properties). TheFairfield Housing Authority (FHA) owns 1133 Empire Street, 730 Great Jones Street, and Highway 12(FHA Properties). The City and FHA have determined that under the Surplus Land Act, GovernmentCode Sections 5422054223 (Act), the City Properties and the FHA Properties are no longer neededfor the City and FHA’s use and therefore, the City and FHA wish to declare the City Properties and FHAProperties surplus (collectively Surplus Properties.) The Surplus Properties identified in the Surplus Land List, Attachment 3, are vacant parcels not beingused by the City or the FHA, and there is no future need for the Surplus Properties. The FHA owns theproperty at Highway 12, zoned Industrial and Business Park (IBP), and has no use for this property. Theremaining 3 properties are owned by the FHA and City, and they would like to assemble theseproperties for a larger potential mixeduse project. Allowable commercial and mixeduse uses are thehighest and best use of these properties as opposed to any potential City or FHA use.
Before the council disposes of or negotiates to dispose of the Surplus Properties, the Act requires a written notice of availability (NOA) of the Surplus Properties. The NOA must include the location and a description of the Surplus Properties and be sent to certain designated entities. The City and HA must send the NOA by email or certified mail to the designated entities set forth below:
1. Certified Housing Sponsors that have notified the Department of Housing and Community Development (HCD) of their interest in receiving notices of availability (for the purpose of developing low and moderateincome housing).
2. Local public entities within whose jurisdiction the Surplus Properties is located (for the purpose of developing low and moderateincome housing). “Local public entities” include cities, counties, cities and counties, the governing bodies of Indian reservations or rancherias, housing authorities, and any state agency, public district, or other political subdivision of the State, and any instrumentality thereof, authorized to engage in or assist in the development of or operation of housing for low or moderateincome households. “Local public entities” also include joint power authorities.
3. The park or recreation department of any city or county within which the Surplus Properties is located; any regional park authority having jurisdiction within the area in which the Surplus Properties is located; and the State Resources Agency, or any agency that succeeds to its powers if the NOA is for open space purposes.
4. Any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the Surplus Properties is located if the Surplus Properties is in an infill opportunity zone or an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994.
If a designated entity is interested in purchasing or leasing the Surplus Properties for an authorized purpose, it must notify the City or FHA in writing within 60 days of the NOA.
If the City or FHA receives a notice of interest from one or more designated entities within the 60day period that complies with the Act, the City or FHA must enter good faith negotiations for a negotiation period of at least 90 days. If the City does not receive any notices of interest within the 60day period or if the City does not agree on price and terms with any of the entities who responded to the NOA during the negotiation period, the City or FHA may dispose of the Surplus Properties without further regard to the Act. However, certain restrictive covenants must be recorded by the City and FHA against the land prior to the entitlement of that land. Further, the City and FHA are prohibited from disallowing residential use as a condition of any sale.
Specifically, the recorded covenants must stipulate that if ten or more residential units are ultimately developed on the Surplus Properties, not less than 15% of the total residential units developed shall be made available as affordable housing for lowerincome households. The covenants restricting the affordability of units shall be recorded, and a copy of the recorded covenants will be provided to HCD.
The covenants include any future reuse of the Surplus Properties, locking in the affordability requirement for future residential development.
The Act does not restrict the City’s or FHA’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the Surplus Properties. Nor does it limit the power of the City or FHA to sell or lease the Surplus Properties for fair market value or less than fair market value.
FINANCIAL IMPACT
Staff estimates that the sale proceeds from the disposition of the Surplus Properties will generate over $1,000,000. These funds will be deposited into the Intergovernmental Loan Fund Economic Development reserve (Fund 55145199) and the Housing Authority Low Mod Account (Fund 152).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
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Agenda Item No: 5.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City Council/ Fairfield Housing Authority Chair and CommissionersFROM:David Gassaway, Interim City Manager & Interim Executive DirectorSUBJECT:Resolution 2022293 of the City Council of the City of Fairfield Declaring That CertainReal Properties Owned by the City, Under Government Code Section 54221, areSurplus and Not Necessary for the City’s Use; and Resolution HA202209 of the Fairfield Housing Authority Declaring That Certain RealProperties Owned by the Fairfield Housing Authority, Under Government Code Section54221, are Surplus and Not Necessary for the Housing Authority’s Use RECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEAs required by Government Code Section 54221, the proposed resolutions allow the City Council todeclare real property surplus land prior to disposing of or leasing the properties.DISCUSSIONThe City owns the properties at 1100 Texas Street and 1120 Texas Street (City Properties). TheFairfield Housing Authority (FHA) owns 1133 Empire Street, 730 Great Jones Street, and Highway 12(FHA Properties). The City and FHA have determined that under the Surplus Land Act, GovernmentCode Sections 5422054223 (Act), the City Properties and the FHA Properties are no longer neededfor the City and FHA’s use and therefore, the City and FHA wish to declare the City Properties and FHAProperties surplus (collectively Surplus Properties.) The Surplus Properties identified in the Surplus Land List, Attachment 3, are vacant parcels not beingused by the City or the FHA, and there is no future need for the Surplus Properties. The FHA owns theproperty at Highway 12, zoned Industrial and Business Park (IBP), and has no use for this property. Theremaining 3 properties are owned by the FHA and City, and they would like to assemble theseproperties for a larger potential mixeduse project. Allowable commercial and mixeduse uses are thehighest and best use of these properties as opposed to any potential City or FHA use. Before the council disposes of or negotiates to dispose of the Surplus Properties, the Act requires awritten notice of availability (NOA) of the Surplus Properties. The NOA must include the location and adescription of the Surplus Properties and be sent to certain designated entities. The City and HA mustsend the NOA by email or certified mail to the designated entities set forth below:1. Certified Housing Sponsors that have notified the Department of Housing and CommunityDevelopment (HCD) of their interest in receiving notices of availability (for the purpose ofdeveloping low and moderateincome housing).2. Local public entities within whose jurisdiction the Surplus Properties is located (for the purpose ofdeveloping low and moderateincome housing). “Local public entities” include cities, counties,cities and counties, the governing bodies of Indian reservations or rancherias, housing authorities,and any state agency, public district, or other political subdivision of the State, and anyinstrumentality thereof, authorized to engage in or assist in the development of or operation ofhousing for low or moderateincome households. “Local public entities” also include joint powerauthorities.3. The park or recreation department of any city or county within which the Surplus Properties islocated; any regional park authority having jurisdiction within the area in which the SurplusProperties is located; and the State Resources Agency, or any agency that succeeds to itspowers if the NOA is for open space purposes.4. Any county, city, city and county, successor agency to a former redevelopment agency, publictransportation agency, or housing authority within whose jurisdiction the Surplus Properties islocated if the Surplus Properties is in an infill opportunity zone or an area covered by a transitvillage plan adopted pursuant to the Transit Village Development Planning Act of 1994.If a designated entity is interested in purchasing or leasing the Surplus Properties for an authorizedpurpose, it must notify the City or FHA in writing within 60 days of the NOA. If the City or FHA receives a notice of interest from one or more designated entities within the 60dayperiod that complies with the Act, the City or FHA must enter good faith negotiations for a negotiationperiod of at least 90 days. If the City does not receive any notices of interest within the 60day period orif the City does not agree on price and terms with any of the entities who responded to the NOA duringthe negotiation period, the City or FHA may dispose of the Surplus Properties without further regard tothe Act. However, certain restrictive covenants must be recorded by the City and FHA against the landprior to the entitlement of that land. Further, the City and FHA are prohibited from disallowing residentialuse as a condition of any sale.Specifically, the recorded covenants must stipulate that if ten or more residential units are ultimatelydeveloped on the Surplus Properties, not less than 15% of the total residential units developed shall bemade available as affordable housing for lowerincome households. The covenants restricting theaffordability of units shall be recorded, and a copy of the recorded covenants will be provided to HCD.The covenants include any future reuse of the Surplus Properties, locking in the affordability requirementfor future residential development. The Act does not restrict the City’s or FHA’s authority or discretion to approve land use, zoning, orentitlement decisions in connection with the Surplus Properties. Nor does it limit the power of the City orFHA to sell or lease the Surplus Properties for fair market value or less than fair market value. FINANCIAL IMPACTStaff estimates that the sale proceeds from the disposition of the Surplus Properties will generate over$1,000,000. These funds will be deposited into the Intergovernmental Loan Fund EconomicDevelopment reserve (Fund 55145199) and the Housing Authority Low Mod Account (Fund 152).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.
ALTERNATIVE ACTION
The City Council and the Fairfield Housing Authority may choose not to adopt all or some of the Properties as surplus. Doing so would mean that the City and/or Fairfield Housing Authority would not be able to sell or lease those properties.
STAFF CONTACT
Dwayne Dalman, Economic Development Manager
(707) 4287649
[email protected]
COORDINATED WITH
City Attorney's Office, Housing Services Department
ATTACHMENTS:
Description
Attachment 1: Surplus Land List
Attachment 2: Surplus Land Aerial Map and Property Profile Attachment 3: Proposed Resolution
Attachment 4: Exhibit A
Attachment 5: Proposed FHA Resolution
Attachment 6: FHA Exhibit A
REVIEWERS:
Reviewer Action Date
Dalman, Dwayne Approved 11/2/2022 7:06 PM
Feinstein, David Approved 11/2/2022 7:15 PM
Ballard, Kelly Approved 11/2/2022 7:29 PM
Ballard, Kelly Approved 11/2/2022 7:30 PM
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REAL PROPERTY
SURPLUS LAND LIST
No. Address APN Description Owner Recommended
Designation
1. 1120 Texas Street 0030-174-120 The property consists of an old bank building and a small stand-alone retail building. All structures are to be removed and the property will be sold as a vacant
lot; ±1.25 acres; zoned HD-P1
COF Surplus
2. 1100 Texas Street 0030-174-080 The property consists of a one-story office building. All structures are to be removed and the property will be
sold as a vacant lot; ± .66 acres; zoned HD-P1
COF Surplus
3. 1133 Empire Street 0030-174-110 Vacant land; ± .13 acres; zoned HD-P1 FHA Surplus
4. 730 Great Jones Street 0030-174-010 Vacant land; ± .15 acres; zoned HD-P1 FHA Surplus
5. Highway 12 0032-010-240 Vacant land; +- 26.34 acres; zoned IBP FHA Surplus
ATTACHMENT 3
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ATTACHMENT 4
SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 1
PROPERTY PROFILE
Address: 1120 Texas Street
APN: 0030-174-120
Ownership: City of Fairfield
Size: ±1.25 acres
Zoning: HD-P1 (Downtown)
Notes: The property consists of an old bank building and a small stand-alone retail building. All structures are to be removed and the property will be sold as a vacant lot.
Packet Page 12 of 490Attachment 2 Page 1 of 5
ATTACHMENT 4
SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 2
PROPERTY PROFILE
Address: 1100 Texas Street
APN: 0030-174-080
Ownership: City of Fairfield
Size: ± .66 acres
Zoning: PF (Public Facilities)
Notes: The property consists of a one-story office building. All structures are to be removed and the property will be sold as a vacant lot.
Packet Page 13 of 490Attachment 2 Page 2 of 5
ATTACHMENT 4
SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 3
PROPERTY PROFILE
Address: 1133 Empire Street
APN: 0030-174-110
Ownership: Fairfield Housing Authority
Size: ± .13 acres
Zoning: HD-P1 (Downtown)
Notes: The property is vacant land.
Packet Page 14 of 490Attachment 2 Page 3 of 5
ATTACHMENT 4
SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 4
PROPERTY PROFILE
Address: 730 Great Jones Street
APN: 0030-174-010
Ownership: Fairfield Housing Authority
Size: ± .15 acres
Zoning: HD-P1 (Downtown)
Notes: The property is vacant land.
Packet Page 15 of 490Attachment 2 Page 4 of 5
ATTACHMENT 4
SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 5
PROPERTY PROFILE
Address: Highway 12
APN: 0032-010-240
Ownership: Fairfield Housing Authority
Size: ± 26.34 acres
Zoning: IBP
Notes: The property is vacant land.
Packet Page 16 of 490Attachment 2 Page 5 of 5
CITY OF FAIRFIELD
RESOLUTION NO. 2022-293
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THAT CERTAIN REAL PROPERTIES OWNED BY THE CITY, UNDER GOVERNMENT CODE SECTION 54221, ARE SURPLUS AND NOT NECESSARY FOR THE CITY’S USE
WHEREAS, the City of Fairfield is the owner in fee simple of those certain real properties described in Exhibit A, hereto and made a part hereof by this reference (Properties); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (Act), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and WHEREAS, under the Act, the land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the council, for City work or operations; and
WHEREAS, the Properties are vacant and are not currently being used by the City; and WHEREAS, City staff has evaluated the Properties for their potential to be used for City work or operations, including City facilities; and
WHEREAS, City staff has determined that the Properties are not suitable for the City’s use; and WHEREAS, the council desires to declare that Properties identified on Exhibit A are surplus land and not necessary for the City’s use; and
WHEREAS, the Act requires that before the council disposes of the Properties declared surplus land or engages in negotiations to dispose of such Properties, the City shall send a written notice of the availability of the Properties to certain designated entities identified in the Act . In the manner required by the Act, and engage in good faith negotiations in accordance with the Act with any designated entities that have timely notified the City in accordance with the Act of their interest in leasing or purchasing the Properties for uses authorized by the Act; and WHEREAS, the accompanying staff report provides supporting information upon which the declarations and findings set forth in this resolution are based.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The above recitals are true and correct and are a substantive part of this resolution.
Packet Page 17 of 490Attachment 3 Page 1 of 2
RES. NO. 2022-293
Section 2. Pursuant to Section 54221(b)(1) of the Act, the council hereby declares that the Properties identified in Exhibit A are surplus land and not necessary for the City’s use. The Properties are not needed for City work or operations, including City facilities. These Properties do not have potential for the City use because the zoning designations are either commercial or residential. Allowable commercial and mix-use uses are the highest and best use of the Properties as opposed to any potential City use.
Section 3. The city clerk is hereby directed to send a notice of availability for the Properties that are surplus land to the entities designated in Section 54222 of the Act (Designated Entities) by electronic mail or certified mail in accordance with the requirement s of the Act.
Section 4. The officers and staff of the City are hereby authorized, jointly and severally, to do all things they deem necessary or proper to effectuate the purposes of this resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the Act’s requirements with any of the Designated Entities that timely submit a written notice of interest to purchase or lease the Properties in compliance with the Act.
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 18 of 490Attachment 3 Page 2 of 2
EXHIBIT A
No. Address APN Description Owner Recommended
Designation
1. 1120 Texas Street 0030-174-120 The property comprises an old bank building and a small stand-alone
retail building. All structures are to
be removed, and the property will
be sold as a vacant lot; ±1.25 acres;
zoned HD-P1
COF Surplus
2. 1100 Texas Street 0030-174-080 The property consists of a one-story office building. All structures are to
be removed and the property will
be sold as a vacant lot; ± .66 acres;
zoned HD-P1
COF Surplus
Packet Page 19 of 490Attachment 4 Page 1 of 1
FAIRFIELD HOUSING AUTHORITY
RESOLUTION NO. HA2022-09
RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY DECLARING THAT CERTAIN REAL
PROPERTIES OWNED BY THE FAIRFIELD HOUSING AUTHORITY, UNDER GOVERNMENT CODE SECTION 54221, ARE SURPLUS AND NOT NECESSARY FOR THE HOUSING AUTHORITY’S USE
WHEREAS, the Fairfield Housing Authority is the owner in fee simple of those certain real properties described in Exhibit A, hereto and made a part hereof by this reference (FHA Properties); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (Act), surplus land is land owned in fee simple by the FHA for which the Fairfield Housing Authority (The City Council) takes formal action in a regular public meeting declaring the land is surplus and not necessary for the FHA’s use; and
WHEREAS, under the Act, land is necessary for the FHA’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the FHA Board, for FHA work or operations; and WHEREAS, the FHA Properties are vacant and are not currently being used by the FHA; and WHEREAS, FHA staff has evaluated the FHA Properties for their potential to be used for FHA work or operations, including FHA facilities; and
WHEREAS, FHA staff has determined that the FHA Properties are not suitable for the FHA’s use; and WHEREAS, the FHA Board desires to declare that FHA Properties identified on Exhibit A are surplus land and not necessary for the FHA’s use; and
WHEREAS, the Act requires that before the FHA Board disposes of the FHA Properties declared surplus land or engages in negotiations to dispose of such FHA Properties, the FHA shall send a written notice of the availability of the FHA Properties to certain designated entities identified in the Act, in the manner required by the Act, and engage in good faith negotiations in accordance with the Act with any designated entities that have timely notified the FHA in accordance with the Act of their interest in leasing or purchasing the FHA Properties for uses authorized by the Act; and WHEREAS, the accompanying staff report provides supporting information upon which the declarations and findings set forth in this resolution are based.
NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:
Section 1. The above recitals are true and correct and are a substantive part of this resolution.
Section 2. Pursuant to Section 54221(b)(1) of the Act, the FHA Board hereby declares that the FHA Properties identified in Exhibit A are surplus land and not necessary for the FHA’s use. The FHA Properties Packet Page 20 of 490Attachment 5 Page 1 of 2
RES. NO. HA2022-09
are not needed for FHA work or operations, including FHA facilities. These FHA Properties do not have the potential for FHA use because the zoning designations are residential, and the FHA and City would like to assemble with adjacent commercial properties for a larger potential mixed-use project. Allowable commercial and mixed-use uses are the highest and best use of the FHA Properties as opposed to any potential FHA use.
Section 3. The secretary is hereby directed to send a notice of availability for the FHA Properties that are surplus land to the entities designated in Section 54222 of the Act (“Designated Entities”) by electronic mail or by certified mail in accordance with the requirements of the Act.
Section 4. The officers and staff of the FHA are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that timely submit a written notice of interest to purchase or lease the FHA Properties in compliance with the Act.
PASSED AND ADOPTED this 15th day of November, 2022, by the following vote:
AYES: COMMISSIONERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
CHAIR
ATTEST:
____________________________
SECRETARY
Packet Page 21 of 490Attachment 5 Page 2 of 2
EXHIBIT A
No. Address APN Description Owner Recommended
Designation
1. 1133 Empire Street 0030-174-110 Vacant land; ± .13 acres; zoned HD-P1
FHA Surplus
2. 730 Great Jones
Street
0030-174-010 Vacant land; ± .15 acres;
zoned HD-P1
FHA Surplus
3. Highway 12 0032-010-240 Vacant land; +26.34 acres;
zoned IBP
FHA Surplus
Packet Page 22 of 490Attachment 6 Page 1 of 1
Agenda Item No: 6.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022294 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Government Code 54953(e) is new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. The code requires that the City Council reconsider and reauthorize these provisions every 30 days following initial authorization.
DISCUSSION
On October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies:
1. State or local officials have imposed or recommended measures to promote social distancing; or
2. The agency has already determined whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of the attendee.
Council has utilized teleconferencing options throughout the pandemic, including remote appearances by Councilmembers and public comments from citizens via Zoom, email, or teleconference.
AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:
1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or
Packet Page 23 of 490
Agenda Item No: 6.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022294 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in personwould present imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 daysfollowing the adoption of the law and make specific findings that either of the following cases exists:
1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or
2. State or local officials continue to impose or recommend measures to promote social distancing.
FINANCIAL IMPACT
There is little to no fiscal impact by this action. City staff is already utilizing many of the procedures for teleconferencing in recent council meetings and other meetings of the legislative bodies.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.
ALTERNATIVE ACTION
The council may choose not to reauthorize these procedures, in which case they would no longer be able to teleconference into council meetings without meeting the notice requirements for teleconferencing that existed before the State of Emergency. Public comment via remote access would also be curtailed at council meetings.
STAFF CONTACT
Karen Rees, City Clerk
(707) 4287767
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 10/27/2022 4:20 PM
Packet Page 24 of 490
CITY OF FAIRFIELD
RESOLUTION NO. 2022-294
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RECONSIDERING AND
AUTHORIZING PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(E) AND MAKING FINDINGS AND DETERMINATIONS
REGARDING THE SAME
WHEREAS, the Fairfield City Council (the City Council) is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19; and
WHEREAS, all meetings of the City Council are open and public, as required by the Ralph M.
Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council conduct its business; and
WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on September 16, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees ; and
WHEREAS, pursuant to Government Code Section 54953(e)(3), the City Council must reconsider the circumstances of the state of emergency and make specific finding every 30 d ays after enacting the provisions of Government Code Section 54953(e) by making the following findings:
1. The City Council has reconsidered the circumstances of the state of emergency; and
2. Either of the following circumstances exists:
A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
Packet Page 25 of 490Attachment 1 Page 1 of 3
RES. NO. 2022-294
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic (the Emergency); and
WHEREAS, the Centers for Disease Control and Prevention (CDC) continue to advise that COVID- 19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time; and
WHEREAS, the California Department of Public Health (CDPH) and the CDC caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and
WHEREAS, the CDC has established a “Community Transmission” metric with 4 tiers designed to reflect a community’s COVID-19 case rate and percent positivity; and
WHEREAS, Solano County currently has a Community Transmission metric of “high” which is the most serious of the tiers; and
WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council intends to hold public meetings via teleconferencing pursuant to Government Code Section 54953(e); and
WHEREAS, on October 5, 2021, the City Council adopted the provisions of Government Code Section 54953(e) for the first time by resolution and majority vote.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.
Section 2. The City Council hereby determines that, as a result of the Emergency, meeting in person presents imminent risks to the health or safety of attendees.
Section 3. The City Council shall conduct its meetings pursuant to Government Code section 54953(e) and authorizes its boards and commissions to do likewise.
Section 4. The City Council has reconsidered the circumstances of the state of emergency.
Packet Page 26 of 490Attachment 1 Page 2 of 3
RES. NO. 2022-294
Section 5. The state of emergency continues to directly impact the ability of the City Council members to meet safely in person.
Section 6. State or local officials continue to impose or recommend measures to promote social distancing.
Section 7. Staff is hereby authorized and directed to continue to take all actions necessary to carry out the intent and purpose of this resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisi ons of the Brown Act.
Section 8. This resolution shall take effect immediately upon its adoption and must be reconsidered within 30 days to stay in effect.
PASSED AND ADOPTED this 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 27 of 490Attachment 1 Page 3 of 3
Agenda Item No: 7.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022295 of the City Council of the City of Fairfield Canceling January 3, July 4, and August 1, 2023, City Council Meetings
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
City staff reviews the calendar of meeting dates for the upcoming year to determine if any of the first and third Tuesday meetings conflict with holidays or vacation breaks. Any meeting dates that have conflicts may be canceled in advance.
DISCUSSION
Following a review of the 2023 calendar for upcoming City Council meetings, it is recommended that January 3, July 4, and August 1, 2023, meetings be canceled. Council agenda distribution for the first meeting in January occurs during the Christmas/New Year holiday week. July 4 is a holiday and falls on a regularly scheduled meeting night. The first meeting in August is traditionally canceled to allow for a vacation break and National Night Out. Additional council meetings may be called as the need arises, and standard noticing procedures would be followed at that time.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to cancel the meetings or select alternative dates.
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
Packet Page 28 of 490
Agenda Item No: 7.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022295 of the City Council of the City of Fairfield Canceling January 3,July 4, and August 1, 2023, City Council MeetingsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity staff reviews the calendar of meeting dates for the upcoming year to determine if any of the firstand third Tuesday meetings conflict with holidays or vacation breaks. Any meeting dates that haveconflicts may be canceled in advance.DISCUSSIONFollowing a review of the 2023 calendar for upcoming City Council meetings, it is recommended thatJanuary 3, July 4, and August 1, 2023, meetings be canceled. Council agenda distribution for the firstmeeting in January occurs during the Christmas/New Year holiday week. July 4 is a holiday and falls ona regularly scheduled meeting night. The first meeting in August is traditionally canceled to allow for avacation break and National Night Out. Additional council meetings may be called as the need arises,and standard noticing procedures would be followed at that time.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to cancel the meetings or select alternative dates.STAFF CONTACTEsther Beavers, Deputy City Clerk (707) 4287402
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Proposed Meeting Schedule
REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 10/24/2022 10:01 AM
Packet Page 29 of 490
CITY OF FAIRFIELD
RESOLUTION NO. 2022-295
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD CANCELING JANUARY 3, JULY 4, AND AUGUST 1, 2023, CITY COUNCIL MEETINGS
WHEREAS, City staff reviewed the 2023 calendar and determined that some of the first and third Tuesday meeting dates conflict with holidays or vacation breaks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. January 3, July 4, and August 1, 2023, City Council meetings are hereby canceled.
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 30 of 490Attachment 1 Page 1 of 1
City of Fairfield
2023 City Council Agenda Schedule
Tuesday, January 3, 2023 CANCELLED
Tuesday, January 17, 2023
Tuesday, February 7, 2023
Tuesday, February 21, 2023
Tuesday, March 7, 2023
Tuesday, March 21, 2023
Tuesday, April 4, 2023
Tuesday, April 18, 2023
Tuesday, May 2, 2023
Tuesday, May 16, 2023
Tuesday, June 6, 2023
Tuesday, June 20, 2023
Tuesday, July 4, 2023 CANCELLED
Tuesday, July 18, 2023
Tuesday, August 1, 2023 CANCELLED
Tuesday, August 15, 2023
Tuesday, September 5, 2023
Tuesday, September 19, 2023
Tuesday, October 3, 2023
Tuesday, October 17, 2023
Tuesday, November 7, 2023
Tuesday, November 21, 2023
Tuesday, December 5, 2023
Tuesday, December 19, 2023
Packet Page 31 of 490Attachment 2 Page 1 of 1
Agenda Item No: 8.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Approval of Meeting Minutes from October 2022
RECOMMENDED ACTION
Approve the meeting minutes.
STATEMENT OF ISSUE
Minutes need approval by the City Council.
DISCUSSION
The City Council Minutes for October 18, 2022, have been approved by the city attorney and need council approval.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Packet Page 32 of 490
Agenda Item No: 8.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Approval of Meeting Minutes from October 2022RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for October 18, 2022, have been approved by the city attorney and needcouncil approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] WITHCity Attorney's Office ATTACHMENTS:
Description
City Council Minutes 10182022
REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 10/27/2022 4:57 PM
Packet Page 33 of 490
CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
REGULAR MEETING
TUESDAY, OCTOBER 18, 2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Harry T. Price called the meeting to order at 6:07 p.m.
ROLL CALL
On roll call were Councilmembers Pam Bertani (online), Cat Moy, Doriss Panduro, Chuck Timm, Scott Tonnesen, Vice-Mayor Rick Vaccaro, and Mayor Harry Price.
INVOCATION
Worship Pastor Jeff Hood of First Baptist Church gave an invocation.
PLEDGE OF ALLEGIANCE
Councilmember Moy led the Pledge of Allegiance.
COUNCIL REPORTS
Councilmember Panduro reported she attended a meeting of the California Association of Student Councils last week with Solano County Supervisor John Vasquez. She stated the students were from all over the region and were speaking on policy issues that they want to take to the State Capitol regarding mental health and substance abuse issues. Next, she thanked the Fire Department for their wonderful Open House on October 13. She stated that her two-year-old nephew had a blast!
Councilmember Bertani invited the community to attend a movie night on the Solano County lawn at dusk on October 22, hosted by Clergy Action Network (CAN) and the Solano County Black Chamber of Commerce. On October 25, CAN will host a group of service men and women from Travis Air Force Base, and the discussion will focus on how CAN and the community can assist those military members once they return home from deployment. Lastly, she reported that CAN will host a Thanksgiving meal on November 22 at Willow Hall in the Fairfield Community Center, and they need donations of turkeys.
Councilmember Moy thanked the Police Department officers who visited Oakbrook Academy of the Arts on Oakbrook Drive, as the school has a problem with people parking in “No Parking” zones. She asked her colleagues who are part of the Governing Board of Fairfield -Suisun Unified School District to discuss the matter at their next meeting for a potential solution. Next, she spoke about a sober living home, Caleb’s Place, where five men live who were previously homeless. She visited there and assisted the men in registering to vote, as none of them had ever voted before.
Councilmember Timm reported he was at Ledgewood Creek on October 17, where a homeless encampment joint cleanup effort occurred by the California Highway Patrol, Fairfield Police, Caltrans, Fairfield Public Works, and the Homeless Intervention Team. They cleared a lot of trash and he thanked everyone for their hard work. Lastly, he thanked the Fairfield Community Services Foundation for its Vine to Table event on October 8. He said it was a beautiful, picture-perfect night in downtown Fairfield and he looks forward to next year.
Packet Page 34 of 490Attachment 1 Page 1 of 6
Vice Mayor Vaccaro reported that November 13-19, 2022, is United Against Hate Week and that Fairfield will participate again this year and a resolution will be presented at the November 15, 2022, City Council meeting. He stated that he and Communications Manager Bill Way are working on having Associate Professor of UC Santa Cruz, Camilla Hawthorne, do a reading of her most recent book at the Solano Civic Center Library. Ms. Hawthorne was a former valedictorian at Armijo High School.
Councilmember Tonnesen reported that pickleball is “exploding” in the community. It’s becoming the #1 sport and is now played in 70 countries. He stated that “The Kitchen Pickleball” mentioned Fairfield’s new pickleball courts on their Instagram account, which has 50,000 followers! He said he looks forward to the City of Fairfield hosting tournaments in the future. Next, he reported that he and Councilmember Panduro did a walk-through of Shelter Solano’s kitchen and that the project is coming along nicely and will be a positive asset to our community.
Mayor Price reported that he enjoyed the Vine to Table dinner hosted by the Fairfield Community Services Foundation and said the food was excellent, all from local restaurants ; it was a very successful fundraiser for the foundation. Lastly, he reported that he attended the Asian Pacific Islander American Public Affairs (APAPA) Association’s 21st Anniversary Celebration, which was held on October 6 at Yin Ranch in Vacaville. California Governor Gavin Newson was among the guests, which also recognized a variety of individuals with awards.
CITY MANAGER REPORT
Interim City Manager David Gassaway reported that the City has acquired the Bank of America site on Texas Street and with the relocation of Police Investigations from 1100 Texas Street, that has created an opportunity for the first substantial redevelopment project in downtown Fairfield. Staff is currently working on the analysis and environmental assessments that are required. He hopes that in spring 2023, the city will start working on demolishing that block to make room for a mixed-use housing project.
He asked that Item 14 from New Business be moved under Presentations.
CITY ATTORNEY REPORT
City Attorney David Lim reported that the purchase price for the Bank of America site was $1.2 million, according to Interim City Manager Gassaway, who later corrected the amount to $2.1 million. Attorney Lim also stated that the documents that are public records are available upon request.
CITY CLERK REPORT
City Clerk Karen Rees thanked James Smart and family for adopting a section of Travis Blvd., Erika Milton and family for adopting Woodcreek Drive; Kim Pantoja and Cub Scout Pack 8853 for adopting Meadow Glen Neighborhood Park, and lastly, Rosa Maya for renewing the Adopt A Park contract for Dover Park.
PRESENTATIONS
1. Proclamation declaring Domestic Violence Awareness Month presented by Councilmember Bertani to the Fairfield Police’s Domestic Violence Program Manager Lilia Breaux. Lilia then introduced her team of the Special Victims Unit: Detectives Dennis Chapman, Darin Miller, and Jeremy Nipper.
Item #14 was moved to Presentations at the request of staff.
14. Director of Information Technology Savita Chaudhary introduced Solano County Registrar of Voters/Chief Information Officer Tim Flanagan to present the Solano Connected Broadband & Digital Equity Report. He was followed by Solano County Regional IT Infrastructure and Operations Manager Stewart Bruce. Several councilmembers thanked them for the excellent presentation.
Packet Page 35 of 490Attachment 1 Page 2 of 6
PUBLIC COMMENTS
Jeff Trager spoke about upcoming events at the Downtown Theatre.
Bryan Lynch spoke about vacant lots.
Denise Martinez spoke about Solano Community College’s Day of the Dead celebrations.
George Kennedy spoke about homelessness.
Brandon Wirth spoke about Shelter Solano.
Nora Dizon spoke about the lack of parking at schools in Fairfield.
Erika Dellenbach (online) spoke about paid menstrual leave for city employees.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
2. Approval of Meeting Minutes from August 2022
3. Resolution 2022-270 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same
4. Resolution 2022-271 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Enter into a Contract with Westnet Inc. for the Installation of a First-In Alerting Platform Systems in the City of Fairfield Dispatch Center and Fire Stations 35, 37, 38, 39 (Including Annex), 40, and 41
5. Resolution 2022-272 of the City Council of the City of Fairfield Authorizing the Filing of a Clai m with the Metropolitan Transportation Commission (MTC) for Allocation of Transportation Development Act (TDA) and State Transit Assistance Funds (STAF) for Fiscal Year 2022-2023
6. Resolution 2022-273 of the City Council of the City of Fairfield Approving Amendment No. 2 to the Consultant Services Agreement Between the City of Fairfield and Karen Kramer Workplace Investigations
7. Resolution 2022-274 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Eleven Replacement Police Vehicles and Authorizing an Update to the Fiscal Year 2022-2023 Budget
8. Resolution 2022-275 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to FBD Vanguard Construction, Inc. for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132-049 and Authorizing an Update to the Fiscal Year 2022-2023 Budget
9. Resolution 2022-276 of the City Council of the City of Fairfield Approving the Technology Software-as-a-Service (SaaS) Agreement for On-Demand (Microtransit) and In-Advance (Paratransit) Scheduling, Dispatch, and Management Software between the City of Fairfield and The Routing Company
10. Resolution 2022-277 of the City Council of the City of Fairfield Approving the Amendment to HOME Tenant Based Rental Assistance (TBRA) Program Guidelines
11. Resolution 2022-278 of the City Council of the City of Fairfield Approving the Community Development Block Grant Program 4th Substantial Amendment to the Fiscal Year 2019-2020 Annual Packet Page 36 of 490Attachment 1 Page 3 of 6
Action Plan; and
Resolution 2022-279 of the City Council of the City of Fairfield Approving the Community Development Block Grant Program 3rd Substantial Amendment to the Fiscal Year 2020-2021 Annual Action Plan
12. Second Reading and Adoption of Ordinance 2022-12 of the City Council of the City of Fairfield Amending Chapter 25, Article XI of the Fairfield Municipal Code
Nora Dizon requested to speak on Item 13. City Attorney Lim asked that the item be pulled for discussion.
13. Second Reading and Adoption of Ordinance 2022-13 of the City Council of the City of Fairfield Approving the First Amendment to the Restated and Amended Development Agreement by and between the City of Fairfield and Albert D. Seeno Construction Co., a California Limited Partnership, Seecon Financial and Construction Co. Inc., a California Corporation, and West Coast Homebuilders Inc., a California Corporation
Councilmember Tonnesen made a motion to approve Item 13. Councilmember Moy seconded the motion. By a roll call vote, the motion carried unanimously.
Councilmember Moy made a motion to approve the Consent Calendar as presented , excluding Item 13.
Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.
NEW BUSINESS
Item 14 was moved to Presentations.
15. Director of Human Resources Farbod Pirouzmand recommended to Council that it approve Resolution 2022-280 of the City Council of the City of Fairfield Adopting a Resolution to Increase the Hourly Wage of Dispatcher I/II and Amend the Memorandum of Understanding Between the City and Fairfield Employees' Association.
Jena Draper spoke on Item 15.
Vice Mayor Vaccaro made a motion to approve Resolution 2022-280. Councilmember Timm seconded the motion. By a roll call vote, the motion carried unanimously.
16. Chief Building Official Jeff Thomas recommended to Council that it approve Resolution 2022-281 of the City Council of the City of Fairfield Approving Required Findings Relating to the Adoption and Amendment of the 2022 California Building Standards Code (Also Known as Chapter 5, Building and Housing Code of the City of Fairfield Municipal Code); and
The First Reading and Introduction of Ordinance 2022-14 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 .
Councilmember Timm made a motion to approve Resolution 2022-281. Councilmember Bertani Packet Page 37 of 490Attachment 1 Page 4 of 6
seconded the motion. By a roll call vote, the motion carried unanimously.
17. Fire Marshal Steven Conti recommended to Council that it approve Resolution 2022-282 of the City Council of the City of Fairfield Repealing and Replacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by Reference California Code of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the 2021 International Fire Code; and Publish Notice and Set A Public Hearing On This Matter for November 15, 2022 , at 6:00 P.M. in the Fairfield City Council Chamber; and
First Reading and Introduction of Ordinance 2022-15 of the City Council of the City of Fairfield Repealing and Replacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by Reference California Code of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the 2021 International Fire Code
Vice Mayor Vaccaro made a motion to approve Resolution 2022 -282, and to waive full reading of Ordinance 2022-15, read by title only, and introduce the ordinance for first reading. Councilmember Moy seconded the motion. By a roll call vote, the motion carried unanimously.
PUBLIC HEARINGS
18. Public Works Management Analyst Chris Lewis recommended to Council that it open the Public Hearing; and approve Resolution 2022-283 of the City Council of the City of Fairfield Annexing Territory (Fairfield Industrial Center) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 59, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022-284 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety
Services, Open Space Operation, and Park Maintenance) Annexation No. 59 (Fairfield Industrial Center)
Mayor Price opened the public hearing. There were n o requests to speak. Mayor Price closed the public hearing.
Councilmember Moy made a motion to approve Resolution 2022-283. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously.
City Clerk Rees opened the ballot and read that there were 12 yes votes in favor of annexation.
Councilmember Panduro made a motion to approve Resolution 2022-284. Councilmember Tonnesen seconded the motion. By a roll call vote, the motion carried unanimously.
19. Public Works Management Analyst Chris Lewis recommended to Council that it open the Public Hearing; and approve Resolution 2022-285 of the City Council of the City of Fairfield Annexing Territory (Valley Strong Credit Union) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 60, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022-286 of the City Council of the City of Fairfield Declaring the Results of a Special Packet Page 38 of 490Attachment 1 Page 5 of 6
Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60 (Valley Strong Credit Union).
Councilmember Timm stated he serves as an adviser to the Board for Valley Strong Credit Union.
Mayor Price opened the public hearing. There were no requests to speak. May or Price closed the public hearing.
Councilmember Timm made a motion to approve Resolution 2022-285. Councilmember Tonnesen seconded the motion. By a roll call vote, the motion carried unanimously.
City Clerk Rees opened the ballot and read that there were 2 no votes. Management Analyst Lewis said that was unexpected and that she would work with the consultant to contact the property owner. No further action on this item.
20. Director of Housing Services LaTanna Jones recommended to Council that it open the Public Hearing; and approve Resolution 2022-287 of the City Council of the City of Fairfield Approving the Issuance of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $70,000,000 to Finance Parkside Flats, an Affordable Rental Housing project to be Located at 1600 Woolner Avenue for the Benefit of Affordable Housing Alliance II, Inc., or an Affiliate Thereof, and Certain Other Matters Relating Thereto
Mayor Price opened the public hearing. There were no requests to speak. Mayor Price closed the public hearing.
Councilmember Timm made a motion to approve Resolution 2022-287. Vice Mayor Vaccaro seconded the motion. By a roll call vote, the motion carried unanimously.
ADJOURNED MEETING AT 7:49 P.M. TO TUESDAY, NOVEMBER 1, 2022, 6:00 P.M., COUNCIL CHAMBER.
___________________________________
City Clerk
________________________________
Mayor
Packet Page 39 of 490Attachment 1 Page 6 of 6
Agenda Item No: 9.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the 2022 City Council Handbook
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Adoption of the proposed Resolution will update the Council Handbook which serves as a reference guide outlining department structure, City operations, and rules and procedures for Council conduct.
DISCUSSION
In 2004 the City Council directed staff to prepare a handbook addressing council procedures and the responsibilities of council members and mayors. Since the initial publication of the handbook, the document has been updated periodically, with the last update in December 2020.
At the April 5 Council Meeting, council formed a subcommittee to review and provide staff feedback on updates for the 2022 Council Handbook. Subcommittee members Councilmember Chuck Timm and Doriss Panduro reviewed handbook updates and provided feedback to staff. In addition to format and style updates, significant changes in the 2022 Council Handbook include:
Chapter Change Summary
Chapter 1 Addition of government structure overview including councilmanager form of government, City of Fairfield mission, vision, and council priorities.
Updated department pages and organization charts to reflect operational changes.
Chapter 2 Updated to reflect the new district election process and added information about FY 202223 Council Goals.
Chapter 3 Provided supplemental Brown Act information, clarified procedure for Special Meetings and Study Sessions, and updated tips for broadcasting to reflect new teleconference technology and best practices. Based on Subcommittee approval, a standing study session was added for council to convene on the second Tuesday of each month. The study session will be cancelled if there is no topic to review.
Packet Page 40 of 490
Agenda Item No: 9.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the2022 City Council Handbook RECOMMENDED ACTIONAdopt resolution. STATEMENT OF ISSUEAdoption of the proposed Resolution will update the Council Handbook which serves as a referenceguide outlining department structure, City operations, and rules and procedures for Council conduct. DISCUSSIONIn 2004 the City Council directed staff to prepare a handbook addressing council procedures and theresponsibilities of council members and mayors. Since the initial publication of the handbook, thedocument has been updated periodically, with the last update in December 2020.At the April 5 Council Meeting, council formed a subcommittee to review and provide staff feedback onupdates for the 2022 Council Handbook. Subcommittee members Councilmember Chuck Timm andDoriss Panduro reviewed handbook updates and provided feedback to staff. In addition to format andstyle updates, significant changes in the 2022 Council Handbook include:Chapter Change SummaryChapter 1 Addition of government structure overview including councilmanager formof government, City of Fairfield mission, vision, and council priorities.Updated department pages and organization charts to reflect operationalchanges.Chapter 2 Updated to reflect the new district election process and added informationabout FY 202223 Council Goals.Chapter 3 Provided supplemental Brown Act information, clarified procedure forSpecial Meetings and Study Sessions, and updated tips for broadcastingto reflect new teleconference technology and best practices. Based on Subcommittee approval, a standing study session was added for council to convene on the second Tuesday of each month. The study session will be cancelled if there is no topic to review.
Chapter 4 Included information about public records requests.
Chapter 5 Updated to include information about support in coordinating meetings, travel, and use of meeting rooms in City Hall. Provided guidelines for councilmember Town Halls and Channel 26 Roundtables supported using City resources. Feedback provided by council at the April 5, 2022 Council Meeting was included in this section regarding Town Halls and Roundtables. Subcommittee members also provided additional guidance for procedures.
Chapter 7 Updated resources available to council members for managing press and news media relations. Clarified use of City letterhead by councilmembers.
Chapter 8 Updated council salary information to reflect raises effective December 2022 and added information about use of IMPAC cards and allowable expenses.
Chapter 9 Consolidated Chapter 11 into Chapter 9 for one comprehensive list of additional trainings for council members.
Chapter 10 No changes.
Appendices Updated appendices to remove duplicative documents, updated council resolutions to most recent copies, and added the following resources: city owned facilities list, Chapter 2 of the Municipal Code, Homeless Resource Guide, FY 202223 Council Goal Document, Chapter 6 of the Municipal Code, Cal Cities Summary of the Brown Act, Channel 26 Admin Policy, and updated Email Policy.
Once adopted, the Council Handbook will be available to council members as a resource for what to expect as an elected official. The Council Handbook is updated during each council election cycle but can be amended as needed at council's discretion.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council could provide additional direction on amendments to be included in the 2022 Council Handbook.
STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
2022 Council Handbook
Packet Page 41 of 490
Agenda Item No: 9.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022296 of the City Council of the City of Fairfield Adopting Updates to the2022 City Council Handbook RECOMMENDED ACTIONAdopt resolution. STATEMENT OF ISSUEAdoption of the proposed Resolution will update the Council Handbook which serves as a referenceguide outlining department structure, City operations, and rules and procedures for Council conduct. DISCUSSIONIn 2004 the City Council directed staff to prepare a handbook addressing council procedures and theresponsibilities of council members and mayors. Since the initial publication of the handbook, thedocument has been updated periodically, with the last update in December 2020.At the April 5 Council Meeting, council formed a subcommittee to review and provide staff feedback onupdates for the 2022 Council Handbook. Subcommittee members Councilmember Chuck Timm andDoriss Panduro reviewed handbook updates and provided feedback to staff. In addition to format andstyle updates, significant changes in the 2022 Council Handbook include:Chapter Change SummaryChapter 1 Addition of government structure overview including councilmanager formof government, City of Fairfield mission, vision, and council priorities.Updated department pages and organization charts to reflect operationalchanges.Chapter 2 Updated to reflect the new district election process and added informationabout FY 202223 Council Goals.Chapter 3 Provided supplemental Brown Act information, clarified procedure forSpecial Meetings and Study Sessions, and updated tips for broadcastingto reflect new teleconference technology and best practices. Based onSubcommittee approval, a standing study session was added for council toconvene on the second Tuesday of each month. The study session will becancelled if there is no topic to review.Chapter 4 Included information about public records requests.Chapter 5 Updated to include information about support in coordinating meetings,travel, and use of meeting rooms in City Hall. Provided guidelines forcouncilmember Town Halls and Channel 26 Roundtables supported usingCity resources. Feedback provided by council at the April 5, 2022 CouncilMeeting was included in this section regarding Town Halls andRoundtables. Subcommittee members also provided additional guidancefor procedures.Chapter 7 Updated resources available to council members for managing press andnews media relations. Clarified use of City letterhead by councilmembers.Chapter 8 Updated council salary information to reflect raises effective December2022 and added information about use of IMPAC cards and allowableexpenses.Chapter 9 Consolidated Chapter 11 into Chapter 9 for one comprehensive list ofadditional trainings for council members.Chapter 10 No changes.Appendices Updated appendices to remove duplicative documents, updated councilresolutions to most recent copies, and added the following resources: cityowned facilities list, Chapter 2 of the Municipal Code, Homeless ResourceGuide, FY 202223 Council Goal Document, Chapter 6 of the MunicipalCode, Cal Cities Summary of the Brown Act, Channel 26 Admin Policy, andupdated Email Policy.Once adopted, the Council Handbook will be available to council members as a resource for what toexpect as an elected official. The Council Handbook is updated during each council election cycle butcan be amended as needed at council's discretion. FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCouncil could provide additional direction on amendments to be included in the 2022 CouncilHandbook. STAFF CONTACTAnna Guiles, Assistant to the City Manager(707) 428[email protected] COORDINATED WITHCity Attorney's OfficeATTACHMENTS:Description Proposed Resolution
2022 Council Handbook
REVIEWERS:
Reviewer Action Date
Ballard, Kelly Approved 11/8/2022 3:05 PM
Packet Page 42 of 490
CITY OF FAIRFIELD
RESOLUTION NO. 2022-296
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING UPDATES TO THE 2022 CITY COUNCIL HANDBOOK
WHEREAS, in 2004 City Council directed staff to prepare a handbook addressing council procedures and the responsibilities of council members and mayor; and
WHEREAS, the last update to the Council Handbook took place in December 2020; and
WHEREAS, at the April 5, 2022, City Council Meeting, the council formed a subcommittee to review and provide staff feedback on updates for the 2022 Council Handbook; and
WHEREAS, staff has updated the Council Handbook to reflect operational changes and new policies enacted since December 2020; and
WHEREAS, the subcommittee has met with City staff to provide feedback and review the Council Handbook, and supports the proposed amendments.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council hereby adopts the 2022 Council Handbook as attached hereto.
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 43 of 490Attachment 1 Page 1 of 1
CITY OF FAIRFIELD
2022-2023 City Council Handbook
Adopted on November 15, 2022
by Resolution 2022-296
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City of Fairfield Council Handbook Page 2
Table of Contents
Letter from the City Manager to Council ...................................................................................................... 4 CHAPTER 1 - INTRODUCTION AND OVERVIEW ............................................................................................. 6 CHAPTER 2 - GENERAL POWERS AND RESPONSIBILITIES OF CITY COUNCIL ............................................... 36 CHAPTER 3 - CITY COUNCIL MEETINGS ....................................................................................................... 41 CHAPTER 4 - CONFLICTS AND LIABILITY ...................................................................................................... 55 CHAPTER 5 - SUPPORT PROVIDED TO CITY COUNCIL ................................................................................. 61 CHAPTER 6 - INTERACTION WITH CITY STAFF/OFFICIALS ........................................................................... 68 CHAPTER 7 - COMMUNICATIONS ............................................................................................................... 72 CHAPTER 8 - FINANCIAL MATTERS .............................................................................................................. 74 CHAPTER 9 - ADDITIONAL TRAINING AND RESOURCE MATERIALS ............................................................ 76 CHAPTER 10 - LEAVING OFFICE ................................................................................................................... 78 CHAPTER 11 – APPENDICIES ....................................................................................................................... 80
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Letter from the City Manager to Council
Congratulations on your election to the Fairfield City Council! The coming months will be a whirlwind as you step into office and learn more about the City organization and our operations. Service in local elected office is a very rewarding experience! It is also a major commitment of time and dedication that can present challenges in balancing competing interests and issues, often with limited resources to address them.
The role of Councilmembers is integral in shaping the future of Fairfield. Councilmembers serve as legislators, visionaries, and ambassadors for the City. Although the City has transitioned to district-based elections, Councilmembers have a responsibility to consistently provide policy direction and vote for the betterment of the community as a whole.
The City of Fairfield operates under the Council-Manager form of government. This is the most common form of government in the United States. The organization comprises a group of talented and dedicated individuals who serve the community and the City Council with pride. This Council Handbook provides you with an overview of the City organization and will help you learn about what we do and how we implement policies of the City Council.
Service in local government is the essence of servant leadership, ripe with opportunity to make positive and meaningful impacts on the lives of our residents. Together, we work to improve our community and ensure the future is bright in Fairfield.
Over the coming months, myself, my office, and members of our Senior Leadership Team are happy to assist with onboarding into your new role and to answer any questions you might have about City operations. Our hope is to provide information that builds awareness of the organization and the scope of responsibilities of the City of Fairfield.
Sincerely,
David Gassaway
Interim City Manager
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CHAPTER 1 - INTRODUCTION AND OVERVIEW
Purpose of Handbook
The City Manager’s Office has prepared this handbook to assist new and returning city councilmembers in familiarizing themselves to easily obtain reference information on adopted practices and procedures, an overview of city operations, city council powers and responsibilities, and related matters.
Orientation for New Members
It is important that members of the city council gain an understanding of the full range of services and programs provided by the organization. As new members join the city council, the city manager will make arrangements for councilmembers to meet with each department and provide site tours of city facilities. At any time, if there are facilities or programs about which councilmembers would like more information, arrangements should be made through the City Manager’s Office to increase awareness of these operations. A full list of City owned facilities is available in Appendix A.
Overview of Council-Manager Form of Government
The City of Fairfield is a general law city and was incorporated in 1903 and is a Council-Manager form of government. A general law city is bound by the state’s general law, regardless of whether the subject concerns a municipal affair. The Council-Manager form is the most common structure of city government in the United States. In this form of government, City Council’s role is that of a legislative policy-making body which determines not only the local laws that regulate community life, but also determines what public policy is and gives direction to the City Manager to administer the affairs of the city government in a businesslike and prudent manner.
This form of government is predicated on the philosophy that elected representatives are better able to make community value judgements on behalf of residents and translate these values into policy direction – the “what” in city government. It is also based on the belief that professional staff are best able to determine the “how” of implementing policies and delivering day-to-day services due to their experience and training. Since both roles are closely related, it is the city manager's responsibility to coordinate between both realms to assure the effective delivery of services consistent with city council direction. If and when it is unclear if an item is policy or administration, the Council and the City Manager should discuss and clarify their respective roles and expectations of one another. The result can be a more effective and harmonious partnership.
The City Manager is the administrative head of the city government under direction of the City Council.
He or she is responsible for the efficient administration of all the affairs of the City. A detailed outline of the City Manager’s responsibilities are outlined in Article 2.10 in the Fairfield Municipal Code.
Mission, Vision, and Priorities
The City’s Mission and Vision is set by City Council. The mission statement is a concise explanation of the organization’s reason for existence, while the vision looks forward and what the City seeks to create.
Mission
To foster a sense of pride in the community, improve the lives of our residents, and deliver dependable essential services through integrity, professionalism, and fiscal responsibility.
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City of Fairfield Council Handbook Page 7
Vision
Fairfield is a vibrant, safe, clean, affordable, and diverse community with robust commerce, thriving businesses, and has transitioned from being a bedroom community to a destination.
In addition to the mission and vision, City Council sets priorities and goals each year at their strategic planning meeting in January. Based on the mission, vision, and goals of the Council, the Senior Leadership Team establishes objectives, strategies, and tactics to accomplish the identified goals.
Overview of Basic City Documents
This handbook is a summary of important aspects of city council activities. However, it cannot incorporate all materials, and information necessary for undertaking the business of a city council. Many other laws, plans, and documents exist which bind the city council to certain courses of action and practices. A summary of some of the most notable documents that govern the city council is provided below.
Fairfield Municipal Code
The Fairfield Municipal Code contains local laws and regulations adopted by ordinances. The Fairfield Municipal Code is located online at http://www.codepublishing.com/ca/fairfield/ . Upon request, a hard copy of the Fairfield Municipal Code and periodic amendments can be provided.
California Government Code
California Government Code contains many requirements for the operation of city government and administration of meetings of city councils throughout the state. Title 4 of the Government Code outlines the formation of city government including the role of city council, city manager, and other elected officers.
General Plan
The General Plan is the City’s basic planning document and is a comprehensive discussion of city council policies for the development of the city. It provides the blueprint for development throughout the community and is the vehicle through which competing interests and the needs of the citizenry are balanced and meshed. Fairfield’s existing General Plan was adopted in 2002 and was comprehensively Packet Page 50 of 490Attachment 2 Page 7 of 165
City of Fairfield Council Handbook Page 8
revised several years before that, and is now in the process of being comprehensively re-examined to ensure that it reflects the City’s goals and priorities for the next 30 years. The Fairfield General Plan is located online at www.fairfield.ca.gov/gp .
Below is a list of key elements included within the City of Fairfield General Plan:
• Circulation Element – Balances the multi-modal circulation system for the city and addresses roadway development, road safety, public transit, ped-bike facilities, and transportation system management.
• Economic Development Element – Sets forth policies to maintain a healthy jobs-housing balance and provide for a diversity of quality businesses and jobs. Attracting and retaining quality jobs and development, preserving the local economy, including agriculture, and maintaining the viability of Travis Air Force Base are key policies.
• Health and Safety Element – Describes potential hazards for city and establishes city policies for the protection of citizens from earthquakes, fire, flood, and other natural and man-made disasters.
• Housing Element – Plans for the future housing needs of everyone in the community. Housing Elements have been required by law for all cities and counties since 1969 and is updated every eight years. State funding programs for transportation, infrastructure, and housing often require or consider a local jurisdiction’s compliance with Housing Element Law. • Land Use Element – Establishes a pattern for land-use development and sets policy on population density and building intensity of development. • Open Space, Conservation, and Recreation Element – Discusses open space acquisitions and management, conservation of natural resources and wildlife, and outdoor recreation and future parks.
Budget
Budgeting is the process of allocating scarce resources to programs and services, and as a result is one of the most important activities undertaken by governments. The budget determines which programs will be funded and at what level, reflecting the needs and priorities of the community. The Council’s work is important in emphasizing that budgeting should have a long-range perspective, and not simply an exercise in balancing revenues and expenditures one year at a time.
The City’s adopts a two-year operating budget reflecting a comprehensive financial framework for all City services over the two-year period. One of the primary advantages of two-year budgets is the amount of time savings that can be realized by both staff in preparing the budget, and by the governing body who must review and adopt the budget. The two-year budget also provides funding certainty for departments and employees. The City’s General Fund budgets for FY 2021-22 and 2022-23 represents a true two-year budget, in which the City Council adopted a 24-month fiscal plan. The two-year budget generally represents a continuation of the same levels of staffing and services with minor updates as new information becomes available.
In addition to the two-year operating budget, the Council adopts a Capital Improvement Program (CIP) budget every two years, which provides a detailed description of the capital improvement projects over the next five-year period. The purpose of the CIP Budget is to coordinate the financing and scheduling of Packet Page 51 of 490Attachment 2 Page 8 of 165
City of Fairfield Council Handbook Page 9
major projects undertaken by the City. Many CIP projects take multiple years from conception to completion. For this reason, the five-year period of the CIP captures the complexity of projects to ensure resources are provided over a longer time horizon than the two-year budget.
Since 1988, the budget has incorporated a comprehensive long-term forecast of Fairfield’s operating, debt service, and capital needs. Long-term forecasts show the future consequences of today’s actions, provide early warnings of adverse trends, and improve financial planning and policy making for the allocation of scarce budget resources. Though generally considered good stewardship of public resources and a fiduciary duty to the citizens of the city, there is no requirement in state statutes that the city approve a balanced budget. The primary limitation is that cities generally may not incur indebtedness or liability which exceeds in any year the income and revenue anticipated for that year without two-thirds voter approval. (Cal. Const. Art. XVI, §18.) Appendix B consists of an overview of the budget process and the city’s budget policies. To view the current budget visit www.Fairfield.ca.gov/budget .
Emergency Operations Plan
The city maintains the City of Fairfield Emergency Operations Plan, which is part of the federal and state prescribed format for emergency response. The Emergency Operations Plan provides guidance for city response to extraordinary emergency situations associated with natural disasters, technological incidents, and nuclear defense operations, both in war and peacetime. The plan concentrates on operational concepts and response procedures relative to large scale disasters primarily and also targets hazards as established by the Standardized Emergency Management System (SEMS).
Additionally, the plan has adopted and uses the National Incident Management System (NIMS) to coordinate resource needs and manage the incident. The Federal Office of Homeland Security mandates that local, county, and state jurisdictions remain in compliance with NIMS regulations in order to remain eligible for post-disaster funding. The city manager (or his/her designee) will act as the Director of Emergency Services. While serving in this position, the city manager will manage and coordinate the emergency operations center during a disaster. The city council will provide policy direction decisions that have major consequences regarding liability, public outcry, or loss of lives or property.
Overview of Departments and Functions
Day-to-day operations are handled by the city’s departments. There are ten departments, including the City Manager’s Office, that provide a wide range of services to citizens. All the departments except the City Attorney’s Office, are run by department directors who report to the city manager. This organization ensures the city manager can keep the city council aware of operational issues of importance and citywide concern. An organization chart is attached as Appendix C.
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City Manager’s Office
The City Manager’s Office encompasses support for the city council, the city clerk’s office, city treasurer, the city manager and city attorney. In this regard, the City Manager’s Office works with the city council to develop policy and establish the legislative agenda for the city. In addition to these activities, the City Manager’s Office is responsible for homeless services, citywide communications, and coordinating volunteer activities.
City Manager and City Manager’s Office
The city manager is appointed and directed by the city council to oversee the daily operations of the city, a copy of the city manager’s employment contract is in Appendix D. The appointed city manager is nonpartisan and nonpolitical. As chief executive officer, the role of the city manager is to provide the professional expertise to carry out the council’s policy direction through the day-to-day management of city functions, including the oversight of city operating departments.
Much like executives who direct private-sector corporations, professional local governments managers provide leadership, vision, and a focus on results that is needed to create better communities by:
• Managing financial and human resources.
• Overseeing the delivery of essential community services. • Planning strategically for community development.
• Using performance metrics to drive continuous improvement. • Committing to the highest level of ethical standards.
Electorate
City Clerk Mayor and
Council
Commissions
David Gassaway
Interim City
Manager
Assistant to the
City Manager
Assistant City
Manager/Dir. of
CD
Executive
Assistant
Deputy City
Clerk
Communications
Manager
MOD
Homeless
Services Manager
David Lim
City Attorney
City Treasurer
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The City Manager’s Office presents recommendations and information to the city council, enabling them to make necessary policy decisions, including input on regional, state, and federal issues which affect the City of Fairfield. Disseminating information regarding city activities and responding promptly to the inquiries and requests of citizens is another function of the City Manager’s Office. The city manager is responsible for the preparation of the city’s budget and maintenance and oversight of sound fiscal policy for the city. In addition, the city manager provides a liaison between the City of Fairfield and other governmental agencies to provide effective public information. Chapter 2, Article II (Appendix E) of the Fairfield Municipal Code specifically addresses the role of the city manager.
City Attorney
The city attorney is appointed by the city council, performing professional and administrative work as chief counsel and legal representative of the city. A copy of the city attorney’s employment contract is available in Appendix F. The city attorney has a unique duty of professional responsibility to the client, which is the city as a whole, but performs that duty by providing legal counsel to the city council as well as city manager, department heads, commissions, committees, and boards of the city. The City Attorney’s Office prepares or reviews city resolutions and ordinances; provides the legal defense for actions brought against the city that are not handled by outside litigation counsel retained by the California Joint Powers Risk Management Authority; and prepares necessary legal documents for the city council, planning commission, and the successor agency to the redevelopment agency.
The City Attorney’s Office reviews city contracts for their legal validity and sufficiency, brings actions to enforce the city code and abate public nuisances, and provides advice on labor and personnel matters.
The City Attorney’s Office consists of a private law firm that is retained by a contract approved by the city council. The city attorney and his assistants maintain office hours at city hall two days per week and attend all City Council Meetings and Planning Commission Meetings. Chapter 2, Article II of the Fairfield Municipal Code specifically addresses the role of the city attorney.
City Treasurer
The city treasurer is an elected official. Under city code, responsibility for all financial functions, including budget, investments, fund accounting and debt management, has been delegated to the Director of Finance.
City Clerk’s Office
The City Clerk is an elected official who serves as clerk to the city council. The Deputy City Clerk is a full- time appointed position who plans, organizes, and directs activities of the City Clerk’s Office. Duties of the City Clerk and Deputy City Clerk include serving as clerk to the city council, maintaining official city records, conducting city elections, serving as filing officer for Statements of Economic Interests, filing campaign forms, preparing agenda packets and minutes for city council meetings, certifying and maintaining all ordinances and resolutions adopted by the council, updating and maintaining the city code, updating city website content with new agendas, minutes, and city code changes, preparing correspondence and proclamations, managing the city’s records retention schedules, administering the commission/committee application process and coordinating interviews, administering oaths of office to city officials and employees, and providing information and services to the public, as well as public access of records for review by interested parties.
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Marketing and Outreach Division
The Marketing and Outreach Division develops and executes strategies to provide timely, accurate, and beneficial public information to residents, businesses, other government agencies, and city employees, and manages two portals for the community to communicate directly into the city. The division oversees volunteer services, media services, and public information.
The team communicates via content on the City’s public facing and employee web sites, social media outlets, and three television channels – Channel 26 (Government), Channel 27 (Community Access), and Channel 28 (Education/Solano College). The volunteer services element of the division recruits, tracks, and recognizes city volunteers, and manages the Adopt-A-Park and Adopt-A-Street programs. These volunteer opportunities foster community engagement through these activities. Media Services creates city-centric video content for Channel 26, which includes televising city council meetings, presenting new and expanding businesses in town, and promoting city departments' citizen-serving works and activities. Through media services, the public can have its content of common interest published on Channel 27. The division engages citizens through sending out information and conversational communications.
Homeless Services Division
The City Manager’s Office Homeless Services Division manages the City of Fairfield’s response to homelessness by coordinating efforts with various city departments, including the Housing Services Department, the Community Development Department, the Fairfield Police Department, Public Works, the Quality of Life Task Force, and others. The City’s Homeless Services Division develops best practice- oriented public policy for the City of Fairfield, while guiding the City’s participation in ongoing regional planning activities. The City’s Homeless Services Division coordinates activities and planning for service providers, stakeholders, and affected citizens to ensure an efficient and effective system offering everyone access to shelter, food, employment, housing, and other basic needs and opportunities. This office serves as an information source and assists with problem-solving and communications for difficult situations requiring multiple resources and organizations.
The mission of the Homeless Services Division is to permanently reduce homelessness in Fairfield. It aims to meet the mission through:
1. Protecting the Health and Welfare
2. Connection to Services
3. Supportive Housing
4. Regional Homeless Strategy
A list of homeless resource is available in Appendix G.
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Community Development
The mission of the Community Development Department is to protect, enhance, and expand the community’s physical, environmental, economic, and historic assets, and ensure building and life safety.
The Department is responsible for planning, building safety and economic development. The professional staff has a wide variety of work experience in government, ranging from technical expertise on the California Environmental Quality Act (CEQA) to structural engineering, construction trades best practices, and business/property development negotiations.
As currently structured, the Assistant City Manager directly manages the Community Development Department’s three divisions of Planning, Building, and Economic Development.
Planning Division
The Planning Division is responsible for implementing the city’s General Plan and administering land use regulations. This includes the city’s zoning and sign codes, development permitting, conducting environmental review, conducting long range planning, and coordinating regional planning activities.
Planning staff also engage residents and stakeholders to ensure opportunity for input on community- wide planning efforts, area specific development proposals and concepts, and site-specific development projects. Community involvement includes staff support and interface with the city’s Planning Commission.
In a typical calendar year, the Planning Division performs dozens of development reviews, processes hundreds of development entitlements, conducts dozens of CEQA reviews/approvals, implements development through two adopted specific plans, and provides staff services for around 12 planning commission meetings on average. Planning staff organize the city’s interdepartmental development application review team, which includes members from Public Works, Fire, Police, and others as needed.
Major initiatives underway include a comprehensive General Plan Update, which was last completed in 1992. The update provides the opportunity for council and the community to set a renewed vision for how the built environment will develop in Fairfield for the next 30 years and set land use policies that implement that vision. The Planning Division is also a major contributor to a renewed focus on revitalization of downtown Fairfield through the Heart of Fairfield Specific Plan.
VACANT
Assistant CM/Director of Community
Development
Building Safety Planning Economic Development
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Building Safety Division
The Building Safety Division performs all work necessary to intake submittals for construction permits, reviews plans for compliance with the California Building Standards, issues permits, and inspects construction in the city to ensure a safe built environment. Building permits and inspections range from brand new buildings, including commercial, industrial, public facilities, and residential single and multi- family, to improvements of existing buildings such as tenant improvements for commercial use and residential remodels.
The Division ensures that all permitted projects are held to required life safety standards of city adopted building codes. Additional functions include investigating unpermitted construction and unsafe structures, responding to general construction and disabled access inquiries, calculating permit fee estimates, performing safety assessments for damaged buildings, and serving as a repository of construction documents for purposes of tracking and future reference.
In calendar year 2021, the Building Safety Division performed 5,200 plan checks (including re-checks), issued 4,000 permits, conduct 16,000 inspections, and generated $2.7 million in fee for service revenue.
Major initiatives underway include improvements to streamline the permitting process and reduce the time it takes for contractors or homeowners to go from plan submittal to permit issuance. Augmenting efforts is a transition to a new online permitting system that allows for expedited plan review, paperless processing, and tablet-based inspections logs in the field. Additionally, Building Safety is responsible for issuance of business licenses and processes more than 4,200 licenses annually.
Economic Development Division
The Economic Development Division is responsible for spurring business activity, growing the job base, revitalizing distressed areas, and attracting new business to the community. The Division serves as the city liaison with the Fairfield-Suisun Chamber of Commerce, North Texas Street Business Association, and the Fairfield Conference & Visitors Bureau. The Economic Development Division duties include working directly with companies seeking a location in Fairfield as well as those businesses considering expansion. These efforts include working with a variety of local, state, and federal incentive programs, as well as regional and state economic development organizations. The team also administers the Business Revolving Loan Fund and other funding mechanisms to spur new activity.
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Finance
The mission of the Finance Department is to protect and enhance the city’s financial security, safeguard city funds, provide fiscal information in support of city decision-making, and to provide high quality financial services. The Department consists of the following divisions:
Financial Services
The Financial Services Division is responsible for payroll and benefits, purchasing, and revenue collection. The division is responsible for purchasing supplies and services and the collection of various taxes and fees that are used to pay for city services. Financial Services also process the monthly billing for the city operated Fairfield Municipal Utilities, with approximately 31,500 accounts.
Accounting
The Accounting Division is responsible for all financial, grant accounting, reporting, auditing functions, investments, debt management, and payment requests for the entire organization. The division also prepares the award-winning Annual Comprehensive Financial Report.
Budget/ Administration
The Budget Division oversees the city’s award-winning multi-year operating and capital budget. The Budget Division is also responsible for leading strategic planning opportunities and supporting the organization with special studies and analyses.
General Liability/Risk
The Risk Management Division in the Finance Department is responsible for litigation, claims, subrogation, ADA and insurance. The division also works in cooperation with the City Attorney’s Office to maintain control over legal actions and claims against the City to ensure settlements and rejections are handled fairly, consistently, and in the best interest of the taxpayers.
John Furtado
Director of Finance
Financial Services Accounting Budget General
Liability/Risk
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Fire Department
Guided by core values of pride, integrity and respect, the mission of the Fire Department is to provide quality emergency services by highly trained and motivated professionals. The department is divided into six divisions: Emergency Response, Administration, Prevention, Training, EMS, and Emergency Management.
As a result of the Staffing for Adequate Fire and Emergency Response (SAFER) grant, effective June 1st, 2022, Fairfield Fire operates seven companies from five fire stations throughout the City. Station 36 (Business Center Drive) is expected to open in the latter half of 2024. Each company is staffed with a Fire Captain, Fire Engineer, and Firefighter/Paramedic which including the Battalion Chief, translates to 22 suppression staff on-duty each day. The shift Battalion Chief is responsible for oversight of all on-duty fire suppression personnel. Each fire station and apparatus is equipped to respond to a variety of emergencies, including medicals, fires, hazardous materials incidents, vehicle accidents, and specialized rescues. Furthermore, the department always has two specialty teams available—Hazardous Materials and the Solano County Rescue Team.
Headquartered at 1200 Kentucky Street at the Civic Center, Station 37 serves as a “double house” and is the busiest station in Solano County with a fulltime engine and truck company. Additionally, Fire Administration and the City’s Emergency Operations Center share the dual function building adjacent to Station 37.
Matt Luckenbach
Fire Chief
Deputy Chief
Operations
Emergency Response
Training Division
Emergency
Management Division
Administration Prevention Bureau Support Services
EMS Division
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Division Overview
Emergency Response Division
The Emergency Response Division is responsible for the deployment of personnel and equipment to respond to all calls for service. The Fire Department responds to a variety of incidents including emergency medical calls, structure fires, wildland fires, vehicle fires, and vehicle entrapments as well as responding to a wide array of service calls such as odor investigations, fall victims who need assistance getting up, and alarms sounding. In 2021 the Fairfield Fire Department responded to 15,068 emergency calls, or roughly 41 responses per day, representing a 9.3% increase over prior year.
The department has a variety of specialized teams including Hazardous Materials, Tactical Paramedics, Urban Search and Rescue, and Fire Investigations. Fire Suppression consists of three shifts of firefighters that each have 21 personnel on duty. These firefighters work a “48/96” schedule which means they live in the firehouse for 48 hours and return to their homes for 96 hours. This unique schedule is optimal for staffing utilization and is broadly used in the fire service.
Administration
The Administration Division is responsible for supporting all other divisions in the department. Through budget oversight, payroll, staffing, A/R, A/P, grant management, strategic planning, social media, procurement, recruitments/promotions, policies and procedures, and disaster reimbursement efforts, the Administration Division is behind the scenes of all department functions to ensure smooth operations.
Fire Prevention Bureau
Re-established by City Council action in October 2017, the Fire Prevention Bureau is responsible for protecting the public through coordinated efforts in fire prevention code enforcement and fire protection engineering. Fire inspectors are responsible for code enforcement, inspection of existing buildings and properties for fire code violations, assisting fire suppression personnel, responding to complaints, and reviewing and approving licensed care facilities. Fire inspectors also conduct plan review for all new construction projects and perform the testing and inspections for those projects.
Additionally, the Fire Prevention Bureau manages the vegetation management program and reviews, approves, and completes inspections for all special events.
Emergency Medical Services (EMS)
The Emergency Medical Services Division is responsible for all aspects of the Advanced Life Support program. This includes maintaining current emergency medical practices, acquiring adequate EMS supplies and equipment, continuing education, quality assurance and maintaining compliance with the rules and regulations of the Solano County Emergency Medical Services Cooperative public-private partnership (PPP).
Emergency Management
The Emergency Management Division is responsible for housing, opening, staffing, and training all city EOC personnel.
Training
The Training Division, overseen by a Battalion Chief on a more traditional ‘days’ schedule (4/10), is responsible for coordination, documentation, and delivery of all Fire Department training. Other Packet Page 60 of 490Attachment 2 Page 17 of 165
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responsibilities include promotional exam development, JAC Task Book oversight, new hires and reserve academies, fitness and wellness programs, continuing education, specialized certificates, seminars, and workshops. The Training Division is also responsible for oversight of the department’s training facility off Union Avenue, which includes our training tower (2019), an array of props/trailers, and a training classroom. The Training Battalion Chief works on-site at the facility along with one administrative support staff member.
The Fire Department currently operates from five strategically located fire stations to ensure the fastest response to calls for service. Station 36 (Business Center Drive) is currently in the design phase—once open in 2024, the 7th company will transition from its temporary home at Station 35.
Fire Station Location Overview
Fire Station 35 600 Lopes Road • Provides fire and rescue services for west Fairfield, I-80 and I-680 corridor, as well as assistance to the surrounding unincorporated districts for larger incidents.
Fire Station 37 1200 Kentucky Street • Multi-company headquarters • Provides fire and rescue services to central Fairfield. • Includes Fire Administration, Fire Prevention, and Emergency Operations Center (EOC)
Fire Station 39 1975 Huntington Drive • Provides fire protection and emergency response services to east Fairfield as well as assistance to Suisun City Fire Department, Suisun Fire Protection District, and Travis AFB Fire Department for larger incidents.
Fire Station 40 2555 Hilborn Drive • Provides fire protection and emergency response services for west-central Fairfield.
Fire Station 41
3200 N. Texas Street • Provides fire protection and emergency response services to north Fairfield.
Station 38 (Training
& Fleet
Maintenance)
1633 Union Ave • Home to public safety fleet maintenance overseen by the City’s Fleet Division Manager as well as the Fire Department Training Facility & Tower
Call Volume Trends
Fairfield Fire added only one engine company in the 20-year period spanning 2001 – 2021, while call volume more than doubled. Over the last decade alone, total call volume increased by 65%, fires increased by 92% and EMS calls for service increased by 61%. The demand for services to our community has grown exponentially and the department is continuously challenged by financial limitations to expand operations at the same rate.
In 2021, 34% or 5,079 of total calls for service were in District 37. Station 37 consistently ranks in the top 100 busiest stations in the nation. While EMS calls for service represent 70% of our call volume, in the last three years alone, 9-1-1 calls for fires rose 26%. When compared to our closest peers in the fire service (Vacaville & Vallejo), we are doing more with less (22% less General Fund budget).
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Housing Services Department
The mission of the Housing Services Department is to revitalize communities and provide affordable and mixed-income housing and rental subsidies to low-income individuals in Fairfield. The Department is comprised of two divisions: The Housing Services Division and the Fairfield Housing Authority (FHA). The Department intrinsically links to the Community Development Department because of the overlap of workforce housing with economic development, state requirements of the Housing Element of the General Plan, and fee incentive programs administered by the Building Division.
Fairfield Housing Authority (FHA)
FHA is responsible for administering the Housing Choice Voucher Program (formerly Section 8), a federally funded rental assistance program for low-income households, and tenant-based rental assistance. These programs support more than 880 families in Fairfield with rental assistance needed to ensure access to safe, decent, and affordable housing opportunities. FHA follows strict federal guidelines in implementing rental assistance programs and provides direct case management for each household receiving public subsidy.
FHA also provides for Project Based Rental Assistance (Project Based Vouchers), which is like the Housing Choice Vouchers but tied to a specific project. FHA strategically manages Project Based Vouchers to support new development or substantial rehabilitation of affordable housing projects. FHA also provides the Tenant Based Rental Assistance Program (TBRA) which is a rental subsidy used to help extremely low income/homeless households afford housing costs such as rent, security deposits and utility costs. It is tied to the family, not the unit. The TBRA program is similar to the Voucher program, however, it is funded from the HOME funds. Residents pay 30% of their adjusted gross income for rent and the remaining portion is provided in subsidy for up to 24 months.
Housing Services Division
The Housing Services Division (HSD) promotes various housing and community revitalization initiatives that support low-income families with grants and loans for home repairs, community revitalization programs, and the new development/substantial rehabilitation of affordable housing projects.
LaTan Jones
Dir. of Housing Services
Housing Authority Office Assistant Housing Services
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Housing Rehabilitation and Loan Program
The Owner-Occupied Housing Rehabilitation Program provides grants and below market rate loans to owner-occupants whose households qualify as low- to moderate-income and whose residences need life- safety home repairs. These grants and loans help residents install accessibility features as well as complete emergency repairs required to preserve the integrity of the residents’ properties.
CDBG
The US Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to entitled cities and counties through the Community Development Block Grant (CDBG) Entitlement Program. The goal of the program is to develop viable urban communities via the provision of decent housing, a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. Funds are used for a variety of activities such as housing rehabilitation, code enforcement, land acquisition, public facility improvements, economic development and social services to low-income individuals and households.
Housing Development
HSD negotiates and/or develops affordable housing units through partnership with both for-profit and non-profit developers. Most all new affordable housing development is funded through the Low-Income Housing Tax Credit Program administered by the State of California. This Program provides development subsidies for new housing construction through corporate investors who receive special tax benefits in concert with the Low-Income Tax Credit Program. Other funding for substantial rehabilitation or new development will be targeted from the Housing Trust Fund in conjunction with various grant programs administered by the California Department of Housing and Community Development.
Major initiatives underway in the HSD include the execution and/or negotiation of approximately 1099 units affordable to households from extremely low to moderate income.
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Human Resources
The Human Resources Department provides overall policy direction on human resource management issues and administrative support functions related to the management of employees for all City departments.
The mission of the department is to be a strategic partner by providing Human Resources programs that attract, develop, retain, and engage a skilled and diverse workforce. Human Resources supports the unique needs of all City departments, including recruitments, employee orientation and trainings, performance management, documentation, employee relations, classification and compensation, and policy development. The Department also ensures compliance with federal, state, and local employment laws.
In addition to providing strategic central human resources functions, the Human Resources Department is responsible for administering employee benefits, workers’ compensation, and long-term disability programs
Farbod Pirouzmand
Dir. of Human Resources
HR Management HR Analysts HR Technicians
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Information Technology
Information Technology (IT) Department’s mission is to provide excellent customer service, build trusted partnerships for civic innovation, and optimize city’s investment in technology through collaboration and partnerships to bring value to the city and its constituents.
The department is divided into four divisions: 1) Administration, 2) Infrastructure and Security, 3) Business Systems including Geographical Information System (GIS), and 4) Technical Services and Support.
The department provides citywide strategic technology direction, long-range planning and policymaking, arranges for the acquisition and operation of hardware and software, and insures the integrated operation of all information technology and systems. On a day-to-day basis, IT provides a variety of voice and data services to City departments, supports over 800 computers, and manages citywide networks and telecommunications systems. Services include responding to support calls, installing new computers, maintaining the telephone and radio systems, and providing training and support to users. IT also provides in-house programming and project management services.
The department also ensure compliance with federal and state laws around data retention, data security, data privacy, and data protection critical to the organization and to the community. This is driving us to continuously improve the way we serve our departments, community, promote benefits in safety, sustainability, and enhance digital experiences for our residents, businesses, and visitors.
Administration
Functions of the Administration Division includes:
• Strategic Planning
• Budget and Research
• Special Projects
• Compliance with laws and regulations
• Performance Metrics and Dashboard
• Technology Policy and Governance
• Technology Procurement and Contract management
• Technology Risk Management
Savita Chaudhary
Dir. of Information Technology
Administration Business Systems
Geographical
Information Systems
Infrastructure and
Security
Technical Services
and Support
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Infrastructure and Security
Functions of the Infrastructure and Security Division includes:
• Data Center Management
• Servers and Storage
• Wireless, Routers, Network Switches
• Cyber Security
• CCTV Cameras
• Radio System
• Microwave System
• Data Backups and Retention
• Data Security and Privacy
• Un-Interrupted Power Supply (UPS)
• Phone System [Voice Over IP (VoIP)]
Business Systems
Functions of the Business Systems Division includes:
• Business Applications Implementation, Upgrades and Support for all aspects of 100+ business applications
• Geographical Information Systems (GIS) Data Layers
• Technology Project and Portfolio Management
• Business Analysis and Data Analytics
• Report-writing and programming services
• Application Training
Technical Services and Support
Functions of the Technical Services and Support Division includes:
• 24 X 7 Emergency Support (Public Safety)
• Employee Onboarding/Offboarding (User setup and accounts) • Asset Management
• Helpdesk, End-User, and Device Support
• Security Awareness and Training
• Technology Training
Major Initiatives underway are developing a Digital Strategic Plan, Cyber Resilience Plan, and GIS Assessment and Strategy. These projects will develop 5-year roadmaps which will provide direction to the City for technology initiatives for the newly created department. IT is co-leading the Broadband Master Plan efforts with Public Works Department.
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Kristina Chamberlin
Dir. of Parks and Recreation
Programming
Superintendent
Sports/Aquatic
Youth Services
Senior/Adult
Therapeutic Recreation
Administration Operations
Superintendent
Community Services
Special Events
Facilities/Maintenance
Parks & Recreation
The Parks & Recreation Department’s mission is to DELIVER AWESOME by engaging the community in programs, facilities, events, and services that foster healthy and active lifestyles, support positive social interaction, and enhance our community’s quality of life. We strive to provide a variety of fun, healthy activities, programs, and events for all ages, from 2 to 102! The department manages the Aquatics Complex and Sports Center at Allan Witt Park, Fairfield Community Center, Fairfield Adult Recreation Center, Dunnell Nature Center, neighborhood centers and sports fields. The Department has management oversight of the Downtown Theater and the two city-owned golf courses, Paradise Valley and Rancho Solano.
We provide these services, programs, and events through a team of individuals committed to positively impact the Fairfield community through a dedication of service and their desire to make a difference in the lives of our residents. Each brings a personalized set of skills, talent, and enthusiasm that enhances and strengthens our team and our participants’ experience! Our team is comprised of twenty-four (24) full-time, 2.45 FTE pro-rata, and between 100-150 seasonal staff members.
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Programming Division
Sports – Aquatics – Youth Services - Adult Services – Therapeutic Recreation This division develops and oversees various youth sports and a variety of classes, leagues, and camps for all ages throughout the year – youth basketball, tennis classes, golf clinics, open gym, pickleball, and more. This division coordinates the city’s comprehensive swim program which includes recreational swim, fitness classes, swim lessons, swim team, and a variety of special events held at the Aquatics Complex throughout the year such as the annual Easter Egg Dive, Bobbing for Pumpkins and Santa Splash.
This division manages several successful programs for Fairfield youth including Fun on the Run, The Place 2 be After 3, and Kids Corner. This division also provides a variety of youth programs and childcare alternatives including Life After School, holiday and summer day camps, and preschool for children ranging in age from 18 months to 5 years. The division staff serve in support of the Youth Commission.
This division operates the Adult Recreation Center and provides a wide range of senior services, including a variety of drop-in senior social activities, vacation travel and day trip opportunities, meals on wheels, special lunch and dinner events, concerts, fitness classes, and provides support to a variety of clubs, groups, and organizations serving the interests of seniors in the community.
Therapeutic Recreation has been integrated into the division and staff is developing new programming, activities, and events for all ages. Currently the division supports Club Chaos a summer camp serving children with special needs, as well as, provides adaptive aquatic drop-in swimming, and offers a senior activity group as a respite for caregivers.
Operations Division
Community Services – Special Events – Facilities Maintenance This division develops and oversees a variety of leisure and enrichment activities such as karate classes, ballet, music lessons, movies in the park, fun activities in our dog parks and more. This division facilitates public and private rental of the building facilities, park picnic areas, and ballfield usage.
Community and special events are managed under this division which includes the signature events:
Independence Day parade, Tomato & Vine Event, Veterans Day Parade, and Christmas Tree Lighting. In addition, a variety of special events take place throughout the year, such as Junk in the Trunk and Summer Concert Series.
The division is responsible for maintaining the Adult Recreation Center, Community Center, Sports Center, Neighborhood Centers, the Aquatics Complex at Allan Witt Park, Dunnell Nature Park and Education Center, tennis courts, and various softball, baseball, and soccer fields. The division provides support and facilitates use of city parks to a wide variety of community sport organizations (i.e., Solano Surf, three Little League baseball leagues, American Legion, and adult baseball, youth football, etc.).
Administration Division
Customer Service - Budget/Finance – Personnel – Marketing & Community Engagement This division provides customer service support at the Fairfield Community Center, Adult Recreation Center, and Aquatics Complex. Their primary role is with providing information about the Department’s programs and services, take registration and collect fees.
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This division manages all budget and finance activities for the entire department, including grant management, A/P, A/R, joint use agreements with the school districts and contract management support. The division is also responsible for the department’s personnel and payroll functions including on-boarding, staff training and development, and serve as general administrative support to all divisions.
The Marketing and Community Engagement efforts are housed under this division which develops, manages, and maintains all marketing and social media outlets, publications, and website. Community outreach efforts are managed through this division.
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Police Department
The Fairfield Police Department is committed to reducing harm by advancing safety, service, and the quality of life in Fairfield. The police department is a public safety agency that is evolving 21st century policing to reduce harm, build public trust and safeguard officer well-being. The department’s goals are:
• Reduce crime, the fear of crime, nuisance, and homelessness • Reduce traffic collisions and increase roadway safety • Increase personnel health and wellness
• Strengthen regional partnerships
• Increase community trust and engagement
The department is organized into two bureaus: Operations and Support Services. The Operations Bureau consists of the Patrol, Investigations, and Special Enforcement Divisions. The Support Services Bureau consists of the Administrative Services, Community Engagement, Records & Property, and Dispatch Divisions.
Office of the Chief
The Office of the Chief is made up of the chief of police and immediate staff. This office is responsible for fostering an environment that empowers leadership, promotes vision, and creates strategy, while securing the resources to execute the department’s mission and achieve its goals. The Office of the Chief Dan Marshall
Chief of Police
Operations Bureau
Captain
Patrol Division
Investigations Division
Special Enforcement
Division
Support Services Bureau
Captain
Admin Services Division
Community Engagement
Division
Records, Property, and
Administration Division
Dispatch Division
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serves as the primary administrative, fiscal and research entity for the department. Personnel provide professional administrative support to the chief and other divisions.
Operations Division
Patrol and Traffic Bureaus
The Patrol Bureau makes up the majority of sworn police personnel. The uniformed officers are the most visible members of the department and are the first to arrive when help is required anywhere and anytime, 24 hours a day, 7 days a week. A police lieutenant acts as public service area liaison for each of the five Public Service Areas (PSA) in the City.
Figure 1-1 City of Fairfield, CA PSAs
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Figure 1-2 City of Fairfield, CA Patrol Beats
The PSA commanders and beat sergeants are given authority and responsibility for building partnerships, problem solving, and the implementation of COPPS (Community Oriented Policing and Problem Solving) philosophy. The city’s website provides contact information (name, phone number, and email address) for the PSA commander and beat sergeant. This information is updated every six months.
The Emergency Services Unit consists of the Special Weapons and Tactics Team (SWAT), the Crisis Negotiations Team (CNT), the Technology Support Team (TST) and the Solano County Mutual-aid Mobile Field Force (MFF).
Investigations Division
The Investigations Division is comprised of the following units and work groups:
Crimes against Persons / Property Unit
This unit investigates crimes such as homicide, burglaries, grand theft, identity theft, and high-tech crimes. A community services officer is also responsible for maintaining the department’s sex registrant files and for public dissemination of information regarding high-risk sex offenders under the authority of Packet Page 72 of 490Attachment 2 Page 29 of 165
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Megan’s Law. One detective is assigned to the Solano County Major Crimes Task Force in the Solano County District Attorney’s Office.
Family Violence Unit
This unit consists of specially trained detectives and professional staff who investigate domestic violence crimes, sexual assaults, and child abuse. A Domestic Violence Program Manager provides advocacy, crisis intervention, safety planning, emergency shelter assistance, help with restraining orders, resource and referrals within the community and domestic violence education.
Special Operations Team including Gang/Narcotic Unit
The Special Operations Team is comprised of the Gang and Narcotic Investigations Units. The Gang Unit investigates all gang related crimes, and the Narcotic Investigations Unit investigates all drug related crimes. The Special Operations Team assists other investigative and patrol units on complex investigations and problem-solving initiatives. One detective is assigned to the FBI’s Solano County Violent Crime Safe Streets Task Force.
Community Action Team (CAT)
CAT consists of a sergeant and four officers who work closely with the business and multi-housing communities. CAT coordinates resources to assist these communities and problem-solve issues with them and reduce crime and nuisance in the city.
Crime Scene Investigation
The CSI Unit documents and processes the scenes of major crimes for physical evidence.
Electronic Crimes Unit (ESU)
ESU collects information and data to identify crime patterns and link suspects with crimes, monitors social media for crime information, and investigates all computer crimes.
Special Operations Division
The Special Operations Division is comprised of the following units:
Traffic Unit
The Traffic Unit consists of a sergeant, six motor officers, two DUI enforcement officers, and a community services officer. The Traffic Unit is responsible for ensuring roadway safety by conducting traffic enforcement, DUI enforcement, and conducting major traffic collision investigations.
The Homeless Intervention Team (HIT)
One sergeant, four police officers, a community services officer, and a program coordinator are assigned to work with the transient population in the city. HIT works closely with Public Works’ HEART team, the City’s Homeless Services Division and various local and state resources.
Youth Services Unit (YSU)
YSU is made up of a sergeant, six school resource officers, and one diversion officer. The school resource officers provide support and protection to the high schools and middle schools in the city, as well as to the Public Safety Academy. The diversion officer works with adult and juvenile offenders of low-level crimes to facilitate a restorative justice and divert low-level offenders from the criminal justice system.
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employees, providing youth programs that develop discipline, positive self-image, mutual trust, and respect.
Support Services Bureau
Administrative Services Division
The Administrative Services Division consists of the following units:
Training Unit
The Training Unit consists of a sergeant and an officer. It is responsible for coordinating all training within the department including field training of new officers and ongoing in-service training. They maintain all training records including POST requirements. Training staff also coordinate all contracts, scheduling and billing of the Art Koch Range and Training Facility.
Personnel Unit
The personnel sergeant coordinates the recruitment and hiring of all police personnel. He/ she works with Human Resources on all duty related injuries, workers’ compensation claims, and disability claims.
Professional Standards Unit (PSU)
PSU reviews and investigates citizen complaints, internal affairs complaints, and administrative inquiries within the department. The PSU Sergeant meets regularly with the Citizen’s Audit Committee to review citizen complaints. PSU also reviews all use of force reports and vehicle pursuits.
Community Engagement Division
The Community Engagement Division is made up of the following units:
Code Enforcement Unit
Code Enforcement works closely with all city departments to resolve health, safety, and public nuisance problems that adversely affect the quality of life for Fairfield residents. The unit enforces the City of Fairfield Municipal Code as it applies to property maintenance, property nuisances, and other violations in residential and commercial districts.
Crime Prevention
Crime Prevention participates in community-oriented prevention and community engagement programs such as Neighborhood Watch, Business Watch, Citizens’ Police Academy, Site Security Surveys, Operation 10 Fingerprinting, and National Night Out. They provide crime prevention information and training for these programs in the community. Through the Fairfield Police Department, Fairfield apartment community property managers and owners can participate in Crime-Free Multi-housing (CFMH), a free education and certification program that has been developed to reduce crime, clean up rental properties, improve quality of life, and increase property values throughout the city.
The Volunteers in Police Services (VIPS)
VIPS program is a dedicated group who volunteer in all aspects of the department donating thousands of hours annually to the Fairfield community. The Police Explorer program is for students ages 14 to 21 to gain insight into the law enforcement profession. Explorer cadets also volunteer hundreds of hours annually. The Police Chaplain program consists of clergy who provide support to police staff, while Community Chaplains—consisting of clergy of various denominations and faiths—provide support to members of the community in crisis.
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Records, Property and Administrative Division
The Records, Property, and Administration Division includes the following:
Records Unit
Records is the repository for all official police report information.
Property Unit
Property is responsible for receiving, tracking, and maintaining incoming and outgoing property and evidence for the Police Department. Property staff handles over 10,000 pieces of incoming property or evidence each year.
Administration Unit
The Administration Unit consists of professional staff who provide administrative support for all police department functions. They handle payroll, billing, record-keeping, and a variety of other administrative tasks that keep the department running.
Dispatch Division
The Dispatch Bureau receives all 9-1-1 and non-emergency calls for the Fairfield Police and Fairfield Fire Departments.
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Public Works
The mission of the Public Works Department is to provide prompt, courteous service to the citizens of Fairfield and to design, build, maintain and operate facilities in the City of Fairfield for the maximum level of service. Areas of responsibility include streets, water, sewer, drainage/flood management, public buildings, fleet, parks, open space, and landscaping. The department also manages transit operations, including local fixed route and paratransit services. The management team comes from diverse academic backgrounds, including public works administration, civil engineering, water treatment, construction, quality control, traffic engineering, transportation planning, and operations.
The department consists of five functional areas: engineering, operations, utilities, transportation, and fleet.
Engineering Division
The Engineering Division provides the following services: issues encroachment, utility, transportation and water hydrant meter permits; provides flood zone information; provides plan checks, develops conditions and performs inspections for private developments; provides design, bidding, construction management and inspection of all City Capital Improvement Projects; and provides contract management and administration for Landscape Maintenance Districts Traffic Engineering/Transportation Planning services are also the Division’s responsibility which includes developing/reviewing traffic signal timing and coordination, intelligent transportation systems, pedestrian/ bicycle planning, transportation analysis and addressing traffic engineering issues.
Operations Division
The Operations Division is located at the City’s Corporation Yard (420 Gregory Lane, between West Texas Street and Woolner Avenue) and is responsible for maintaining the City’s infrastructure. This division is organized into the following functional areas: Landscape Maintenance, Streets and Traffic Maintenance, Water Distribution and Sewer Collection, and Building Maintenance.
Landscape Maintenance is responsible for maintaining 228 acres of developed parkland (and associated playground structures), 137 acres of medians, and more than 68,000 city trees. The Division also inspects and manages Landscape Maintenance District contracted work and includes the Homeless Engagement and Response Team (HEART), that removes debris from illegal dumping and homeless encampments Streets and Traffic Maintenance maintain 702 lane mile of city streets, 110 traffic signals, 350 cameras, 10,200 street lights, 18,000 traffic signs, 6,700 drainage structures, and 205 miles of storm drain facilities.
Paul Kaushal, PE
Dir. of Public Works
Engineering Fleet Operations Transportation Utilities
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Water Distribution and Sewer Collection are responsible for 283 miles of sewer mains, 378 miles of water lines, 29,600 water meters, and 29,000 sewer laterals.
Building Maintenance provides janitorial services and repair to 31 city-owned buildings that encompasses more than 250,000 square feet.
Utilities Division
The Utilities Division includes water treatment and solid waste activities. Water treatment and administration coordinates all of the activities that bring water to Fairfield residents and businesses. The city’s extensive water system consists of 15 treated water pump stations with a total treatment capacity of over 57 million gallons per day (mgd), 12 treated water reservoirs with a storage capacity of over 78 million gallons, and approximately 378 miles of pipelines. The Water Division is responsible for water quality testing and reporting, developing and implementing conservation programs, drought response management (as needed), water source acquisition, water treatment, and water supply planning and management. Fairfield has two water treatment plants:
• Waterman Water Treatment Plant located at 2900 Vista Grande completed a modernization project in July 2010 that expanded capacity of the system from 16 mgd to 30 mgd. • North Bay Regional Water Treatment Plant (NBR), located at 5110 Waterworks Lane off of Peabody Road, is jointly owned by the City and the City of Vacaville. NBR can treat up to 40 mgd.
The City of Fairfield’s share is approximately 27 mgd.
Of note, the city has secured water rights to ensure the build-out of the city’s General Plan. In addition, the high-quality of the city’s water distinguishes Fairfield from surrounding communities and has enabled the city to attract a wide array of businesses such as Anheuser-Busch. The city continues to promote the supply and quality of its water as a means to grow.
Solid waste activities include the administration of the city’s solid waste and recycling franchise agreement with Republic Services.
Transportation Division
The Transportation Division, operating as Fairfield and Suisun Transit (FAST), is located at the Fairfield Transportation Center (2000 Cadenasso Drive). FAST oversees public transportation/transit services and implements related planning activities. FAST delivers local fixed-route services, ADA paratransit services, and reduced-fare taxi programs to residents of Fairfield and Suisun City.
Fleet Management Division
The Fleet Management Division provides complete services to the city’s entire fleet. The division is located inside the city’s Corporation Yard (420 Gregory Street) with a satellite facility at Fire Station 38 (1633 Union Avenue). The Union Avenue location services 262 public safety vehicles while the Corporation Yard location services 370 vehicles and pieces of construction related equipment. Staff assist every department and division with budgeting for replacement vehicles, purchasing new and replacement vehicles, maintains the units throughout their useful life and disposes of them per city policy at the end of their useful life. The division also maintains fuel tank storage of over 40,000 gallons, as well as dispensing at the following fueling sites: Police Department, Corporation Yard, Fire Station 35 and Fire Station 37.
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CHAPTER 2 - GENERAL POWERS AND
RESPONSIBILITIES OF CITY COUNCIL
General Information
The City of Fairfield operates according to the council-manager form of government which vests authority in an elected city council. The city council is comprised of seven members, six are elected by district on a nonpartisan basis to serve overlapping four-year terms. The mayor is elected at-large by the community. The mayor appoints and the city council confirms a vice mayor to serve a two-year term after each council election. The mayor serves as the presiding officer at city council meetings and as the official head of the city for intergovernmental and ceremonial purposes. The mayor also recommends appointments to the city’s commissions, boards, and committees and the council confirms his selection.
The city manager and city attorney are appointed by the city council and serve at the pleasure of that body.
Regardless of the method from which city councilmembers are elected, city council serves all people of Fairfield. Governing at-large allows for the continuation of accessible customer service, the most effective use of taxpayer resources, and consistency in City services. Acting as a whole, the city council is responsible for passing ordinances and resolutions necessary for governing the city, as well as setting the direction of city policy. City council works collaboratively to have a vision for the future of Fairfield and to work together toward that vision.
The city manager is responsible for the overall administration of the city. This responsibility includes implementation of the general policies set by the city council in addition to the day-to-day operations of all city functions. The city manager, with the assistance of staff, provides the city council with the information needed to fulfill its policymaking role.
The council-manager form of government separates legislative and executive responsibilities in a manner that provides “checks and balances” between the policy and administrative branches of government by limiting the power of each.
Council Goals
Goal setting requires time, energy, and a well-defined process. Every year, a Council Workshop is held with the city council, city manager, city attorney, and department directors in a goal setting session to review progress on goals previously set and define new goals for the City. This workshop format can change at the direction of the city council. Generally, the workshop is held in early January of each year.
Goal setting enables the city council to:
1. Establish a basic framework for action. By setting priorities, the council defines what it wants to achieve over a given period. Otherwise, the council may find itself floating from issue to issue, crisis to crisis.
2. Spend its time wisely. By understanding what goals the council wants to accomplish, the council can wisely allocate resources to achieve those goals.
3. Provide everyone a chance to share their individual goals and priorities and then work out the differences. The council ends up with a list of goals to which everyone is committed.
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4. Give the city manager clear guidelines to get the job done. It lets the city manager know exactly what the council is trying to accomplish as a group. Without clearly defined goals, the city manager may get conflicting signals and end up not meeting the agreed upon goals.
5. Establish some important budget guidelines. Knowing what programs and issues are the highest priorities will enable staff to have a better idea of how to allocate funds when preparing the budget for council approval.
6. Utilize an evaluation tool. When goals and priorities are set, the council has valuable data in hand to determine how well the council and the city manager did in achieving the agreed upon goals and priorities.
After the City Council identifies goals and priorities for the upcoming fiscal year, the city staff senior leadership team (SLT) conducts a retreat to further identify objectives and strategies for accomplishing the council goals. The final goal document with objectives and strategies is then presented to city council for formal approval (Appendix H).
The FY 2022-23 Council Priorities and Goals are as follows:
• Homelessness: Reduce homelessness and the impacts of homelessness • Quality of Life: Elevate Fairfield as the place to live, work, and play • Downtown Development: Create an economically vibrant and safe downtown with equal access to all
• Housing: Provide housing diversity affordable and accessible to all • Organizational Excellence: Become a leader in local government best practices • Community Engagement: Increase diversity of opportunity to engage the Fairfield community
City Council Role in a Disaster
The city council has some extraordinary powers in the case of a disaster. Chapter 6 of the Fairfield Municipal Code (Appendix I) define those powers.
The city’s Emergency Operations Center (EOC) is located at the Fairfield Fire Department, Fire Station
37. The Fire Department manages the City of Fairfield’s Emergency Plan, which provides for the effective mobilization of all city resources. Both public and private resources are a part of this planning process.
The Emergency Operations Plan is designed to meet the needs of any local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the emergency organization. This plan is updated and adopted by resolution of the city council on an as needed basis. The Emergency Operations Center (EOC) is activated when required due to threat of a local emergency or once an incident has occurred. The city manager is responsible for activating the EOC. The Emergency Plan outlines the structure of the organization, location of the EOC and general guidelines regarding the City of Fairfield’s emergency management goals.
Councilmember Appointments to Advisory Boards and Committees Councilmembers are requested to serve on various boards and committees for outside agencies.
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appointments. Any councilmember desiring to serve on a certain committee (or desiring not to be considered) should inform the mayor. These appointments are subject to approval by the majority of the city council.
When a councilmember cannot attend a meeting of a committee, they will call their alternate in advance. Councilmembers also agree to periodically report back to the full council on their committee assignments. Councilmembers are welcome to attend committees on which they are not the designated representative or alternate as an observer. As a courtesy, try to notify representatives, if possible. If three or more councilmembers are present at any of these meetings, the non-representative councilmembers must not participate in the meeting.
Citizen Appointments to City Commissions, Committees, and Advisory Boards The city has several committees, boards, and commissions. The following procedures reflect the policy of the city council regarding the appointment of citizen volunteers to the various committees, boards, and commissions of the city.
The establishment of these procedures ensures that well-qualified, responsible, and willing citizens are given the opportunity to serve the city and participate in the governing of their community. These procedures apply to all appointments and reappointments to committees, boards, and commissions.
Qualifications: Specific qualifications for appointment of members to the various committees, boards, and commissions are set forth in resolutions that have been adopted by city council.
Appointments: Unless otherwise required by law, the mayor will make all appointments to committees, boards, and commissions, based upon recommendations received from the City Council Appointments Committee and subject to approval by the city council unless otherwise specifically provided by statute.
Terms: Each advisory board has specific terms, usually four years per term. At the expiration of the term, the incumbent must reapply for appointment and compete with other interested candidates for the board position.
The following is a summary of the specific scope of responsibility for each committee, board, or commission.
Community Development Block Grant (CDBG) Advisory Committee The CDBG Advisory Committee shall participate in community meetings and public hearings during the development of the Consolidated Plan, review all applications for CDBG funding, receive testimony from applicants, attend public hearings regarding the Annual Action Plan (AAP) and funding allocations, make annual allocation recommendations to the city council following strategies developed in the Consolidated Plan, participate in the development of Substantial Amendments to the Consolidated Plan or the AAP, and review the Consolidated Annual Performance and Evaluation Report (CAPER) detailing the city’s progress towards accomplishing the goals set forth in the Consolidated Plan.
Golf Advisory Board
The Golf Advisory Board advises in the promotion and development of golf for all ages in the community at Paradise Valley and Rancho Solano golf courses.
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Housing Authority Board of Commissioners
The Housing Authority Board of Commissioners consists of all members of the city council. City councilmembers who attend a Housing Authority Board Meeting receive $35 at each meeting. These meetings are held concurrently to the city council meetings.
Measure P Committee
The Measure P Oversight Committee reviews the use of revenues collected pursuant to Ordinance No. 2012-12 and reviews the annual audit of the sales tax revenues collected. The committee holds quarterly meetings. These meetings are open to the public and occur on the fourth floor of city hall or other designated places. Measure P provides much-needed revenues to stabilize city finances and address community needs.
Planning Commission
The Planning Commission initiates the preparation of general plans, specific plans, zoning amendments, programs and legislation to implement the planning and zoning power of the city and advises the city council of matters relating to planning. Planning Commission also hears and decides on the applications for the following, as authorized by the zoning ordinance or referred by the Director of Community Development:
• Use Permit
• Variance
• Minor Discretionary Approval
• Minor Development Approval
• Development Review
• Tentative Subdivision Map
In addition to initiating the preparation of various plans, the commission serves as the advisory agency for the review and approval of zoning amendments, general plan or specific plan amendments and development agreements, and acts as the board of appeals to hear and decide each appeal on a decision or determination made by planning staff, the zoning administrator or Director of Community Development, in the administration and enforcement of the zoning regulations.
The commission acts as an advisor to the city council on matters concerning the physical development of the city. Commission members are appointed for four-year terms by the city council. The Commission is aided in its work by the Department of Community Development, which acts in an advisory capacity to the Commission. The Director of Community Development serves as secretary to the Commission. The Commission meets regularly on the second and fourth Wednesdays of each month at 6 p.m. in the Council Chamber.
Rockville Hills Regional Park Citizen Advisory Committee The Rockville Hills Regional Park Citizen Advisory Committee provides the city feedback and input regarding major decisions affecting the Park. The five committee members must live in Solano County, three of which must live in the City of Fairfield. The committee meets as needed and reviews all management plans or governing ordinances based on improvements planned for the park by the city.
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Youth Commission
The Youth Commission was established in 1996 to create opportunities for youth input and involvement in local government. It is made up of 15 Fairfield residents ages 12 to 21 who are appointed by the mayor and the city council. In addition, the Commission may also choose to host and sponsor recreation and community events, champion specific causes and review city policies related to youth. The Fairfield Youth Commission meets on the first and third Mondays of each month in the Fairfield City Council Chamber at 7 p.m.
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CHAPTER 3 - CITY COUNCIL MEETINGS
Open Meeting Laws (The “Brown Act”)
The entire city organization conducts its business in compliance with the Ralph M. Brown Act, Government Code Section 54950 (the “Brown Act”). The Brown Act provides rules and regulations to ensure that the actions of legislative bodies are conducted openly, with the opportunity for the public to provide input on decision-making activities. This law is an important part of local government operations, some specific requirements of the law are highlighted below for information and future reference. A comprehensive guide to the Brown Act is available in Appendix J.
Applicability and Penalties:
The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (Cal. Gov. Code Section 54959). In addition, violations are subject to civil action (Cal. Gov.
Code Section 54960). The provisions that most directly affect the council are summarized in this chapter.
1. Applicability: The Act applies to council and all commissions, boards and task forces that advise council. Staff cannot promote actions which would violate the Act.
2. Meetings: All meetings shall be open and public. A city council meeting takes place whenever a quorum (4 or more members) is present and information about the business of the body is received. Discussions qualify as a meeting. Social functions (e.g., receptions, dinners) do not fall under the Act unless city business is conducted.
3. Agendas: Agendas for regular meetings must be posted at least 72 hours in advance of the meeting. Agendas must specify the time and location of the meeting and briefly describe each item of business to be discussed.
4. Actions: The general rule is that no action can be taken on any item not appearing on the posted agenda. However, there are three exceptions to that rule:
a. An emergency situation exists consisting of a crippling disaster, terrorist attack, work stoppage or other activity that severely impairs public health or safety as determined by a majority vote of the council.
b. An urgency situation exists, in that the need to take action arose subsequent to the agenda being posted and there is a need for immediate action prior to the next council meeting (determined by a separate motion and 2/3 vote of the council, or if less than 2/3 are present, by unanimous vote).
c. The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda.
5. Public Input: The public, by law, has an opportunity to address the council on any item of interest to the public that is within the jurisdiction of the council, at the time the matter is heard. The mayor has the right to establish a time limit on speakers and the total time allocated for a particular issue. Three minutes per speaker is the normal time period, but in special cases, shorter or longer time periods may be allowed.
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6. Public Disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting “unfeasible”. The press may remain unless they participate in the disruption.
7. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records.
8. Special Meetings: Special meetings may be called by the mayor or a majority of the council with strict notification requirements for delivery to the media and Council at least 24 hours before the time of the meeting.
9. Emergency Meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters, terrorist acts or other activity that impairs the public health and/or safety qualify for emergency meetings. Notice must be given by telephone at least one hour in advance of the meeting to all media that have requested notice of special meetings.
10. Other Provisions: The Act provides many other restrictions and requirements; this chapter is intended merely as a council summary and overview of the Act, and nothing in this chapter supersedes the provisions of the Brown Act. Please check with the city attorney if you have any questions about Brown Act requirements.
Council Rules of Procedure
The effective operation of democratic institutions requires that public officials enjoy the trust and confidence of the individuals and businesses they serve. Accordingly, the following procedures are designed to:
1. Encourage the highest standards of behavior, going beyond the requirements of the law;
2. Promote and maintain public trust and confidence;
3. Provide an ongoing source of guidance to members of the city council in their day-to-day service to Fairfield;
4. Provide a seamless integration process for new members to the city council.
The City Council has a Code of Conduct (Appendix K) which is updated as needed.
I. PURPOSE
These Council Rules of Procedure assist the council to conduct its business in an orderly, efficient, professional, and lawful manner.
Ground Rules and Principles for City Councilmember Conduct at Council Meetings or Study Sessions
ACTIONS TO PRACTICE
• Recognize that a council election district is not a political subdivision; the Mayor and each councilmember is obligated by the municipal code and the oath they take to represent the entire City and all its citizens. To that end, regardless of how we are each elected or where we reside in Packet Page 86 of 490Attachment 2 Page 43 of 165
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Fairfield, we are committed to making the best decisions, recognizing that we are all desirous of good outcomes for the city and its stakeholders.
• Everyone has the right to be heard respectfully.
• Be careful how you say what you say and be aware of physical clues and body language. • Avoid being too thin-skinned.
• Listen fully without interrupting.
• Be open to healthy debate and discussion regarding issues before the dais, and once a decision is made by the City Council, agree to all work in support of that decision. • Avoid correcting others behavior in public settings, especially in two areas – relevance of comments to the topic and length of comments – this is the prerogative of the mayor/ chair of the meeting.
• Let the mayor balance the tension between moving on to get through issues; AND creating the opportunity for members to explore the issue as needed to reach a decision. • Allow the mayor to run the meeting. Councilmembers to direct their process concerns to the mayor for action.
• Avoid people moving beyond their roles or taking over the mayor’s role. • Avoid pointing out ground rules to others and overlooking ground rules when a topic is particularly important to you.
• Council agrees to have the mayor call for a recess when a situation is volatile. • At public meetings, council should praise in public and criticize in private. • Engage fully with regard to each City issue presented at council meetings, regardless of which district or districts it might be most directly impacting, and provide assistance to any and all stakeholders, without regard to which district they might reside, but with respect and thoughtfulness to the councilmembers and residents of that district.
ACTIONS TO AVOID
• Avoid wording or phrasing that tends to “shut members down” by characterizing them personally in a negative way or characterizing their ideas in a way that becomes personal. • Avoid personal attack and language that is demeaning. • Focus on the issue, not the person. It is acceptable for the council to question issues, decisions, projects, and process but to not personalize this with regard to staff members in public session. • Avoid seeking to make the other person wrong or demeaning them. “You are wrong to believe...”. Instead, use phrases such as “I see it differently”. “My understanding is...”
II. MEETINGS
A. Regular Meetings
The council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 6 p.m. City council frequently holds closed sessions or special meetings prior to a city council meeting so councilmembers should be available starting at 5 p.m. on the first and third Tuesday of each month.
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B. Meeting Place
The city council meets in the City Council Chamber located at 1000 Webster Street, Fairfield, or at such other place to which the meeting may be adjourned and as provided in Government Code §54954. In the case of an emergency or other condition rendering the Council Chamber unsafe or unsuitable for the meeting, the meeting may be held for the duration of such condition at such other place as may be designated by the presiding officer in a notice to the local media who have requested such notices in writing. The notice will be given by the most rapid means of communication available at the time.
C. Special Meetings
1. A special meeting may be called by the mayor, by the presiding officer in the absence of the mayor, or by a majority of the council.
2. A special meeting shall be held at the place specified in the notice and as provided in Government Code §54954.
D. Business at a special meeting shall be limited to the items specified in the special meeting notice.
E. Study Session
The purpose of study sessions is to educate and inform the council on focused city issues and to encourage councilmembers to ask wide-ranging questions. Agenda reports are typically executive summaries unless a detailed report is requested by council. The primary purpose of the study session is to allow the council to come together to discuss city issues among themselves.
There are two kinds of study sessions:
o The first creates a chance for councilmembers to interact and have expanded dialog with each other. Brief or no staff presentation is shared. This format allows open, free- wheeling discussion and enables councilmembers to ask questions among themselves.
Councilmembers commit to coming to this type of study session prepared. o The second provides an opportunity to educate constituents on an issue. The staff typically presents an extended presentation for this study session. One example of this format is the budget presentation. Budget study sessions will be televised on Channel 26 and streamed on the web. Another example of this format would be updates on long- term and ongoing city projects.
A standing study session is scheduled for the second Tuesday of each month and councilmembers should be available starting at 6 p.m. The study session will be cancelled if there is no topic to review.
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F. Adjourned Meetings
The council may adjourn any regular, special, adjourned regular, or adjourned special meeting to a time and place specified in the order of adjournment. A copy of the order of adjournment must be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held within 24 hours after the time of the adjournment.
G. Quorum
1. Except where otherwise provided by law, four councilmembers, present and qualified to act, shall be a quorum for the transaction of business at council meetings.
2. In the absence of a quorum, a lesser number may adjourn the meeting or postpone any business to a later time, provided that 30 minutes shall have elapsed after the hour set for such meeting.
3. In the absence of any councilmember present and qualified to act, the clerk will adjourn the meeting to a stated day and hour and personally serve each councilmember with a notice of the time of such adjourned meeting.
H. Meetings Open to Public
1. All regular, special meetings, and study sessions of the council must be public, provided that the council may hold a closed session as provided by law during any regular, special, adjourned regular, or adjourned special meeting, from which the public is excluded.
2. No member of the council, employee of the city, or any other person present during a closed session shall disclose to any person the content or substance of any discussion which took place during the closed session unless disclosure is authorized by a majority vote of the council.
I. Attendance at Meetings
If any councilmember cannot attend a meeting, he or she shall notify the city manager as soon as possible, but in no event later than noon on the meeting day.
III. NOTICES OF SPECIAL MEETINGS
A. Mail and Posting
1. Notice of a special meeting must be given by the clerk at least 24 hours before the time of the meeting by delivering written notice either personally, by email, or by mail to each member of the council at his or her usual place of residence, or email address, and to each local newspaper of general circulation, radio, and television station requesting special meeting notice in writing.
2. The notice shall be posted at least 24 hours before the meeting at the locations specified by resolution of the city council.
B. Contents of Notice
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opportunity to directly address the city council concerning any item on the agenda before or during consideration of that item.
IV. THE AGENDA
A. Agenda and Background Information
1. Preparing Agenda
For all regular and special meetings, the city manager consults with the mayor and prepares an agenda setting forth the time and place of the meeting and a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.
2. Review Process for Putting Agenda Together as It Relates to Position of Items As best as possible, controversial issues will be placed early in the evening to provide quicker opportunity for public participation. There is always flexibility on moving the order of items within the council agenda, even up to and including at the start of a meeting with concurrence of a majority of the council members present at a meeting.
The goal is to hear items that the highest public interest first.
3. Process for Adding or Removing an Item on the City Council Agenda If a councilmember wishes to add an item to the agenda of an upcoming council meeting, the member needs to go to the mayor to seek his/her concurrence for it to be added. If the mayor does not agree to add an item, then, at the next regular council meeting, the councilmember can bring up the request and seek one other councilmember to agree. If a second member agrees, then the item will be listed on the agenda for a future council meeting.
If a councilmember wishes to remove an item from the agenda prior to the agenda being finalized, the member needs to go to the mayor to seek his/her concurrence for it to be removed. If the mayor, after consultation with the city manager, does not agree to remove the item on the city council agenda, then, at the next regular council meeting, the councilmember can request that the item be removed from the agenda or continued to a future meeting. If three other members of the council agree with the request, the agenda item will be removed or continued.
4. Recognition and Presentations
Presentations are agendized with the concurrence of the city manager or mayor. There is not a firm rule that covers all situations, the mayor and city manager will use their best judgment on scheduling presentations and recognitions. Time limits shall not exceed 10 minutes and should be made clear to all parties for presentations prior to the council meeting. Presentations may be extended by special circumstances as needed at the discretion of the city manager or mayor.
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V. THE PRESIDING OFFICER
A. Mayor
The mayor is elected at-large by the community. During a regular scheduled meeting between November 15 and January 15 of the mayor appoints a vice mayor and the council confirms the decision.
B. Duties of the Mayor
1. The mayor presides and preserves order at all regular and special meetings of the council.
2. The mayor decides all questions of order, subject however, to advice and direction from the council.
C. Presiding Officer – Succession
In the absence of the mayor, the vice-mayor is the presiding officer. In the absence of both, the most senior councilmember presides at the meeting.
D. Presiding Officer – Rights
The mayor or other presiding officer may move an item for a vote, or second a motion, and has the right to debate a subject only to such limitations of debate as are imposed on all members.
The presiding officer may not be deprived of any of the rights or privileges of a councilmember by reason of his or her occupying the chair as presiding officer.
VI. ORDER OF BUSINESS
A. Regular Meeting
The order of business of all regular meetings of the council is as follows:
1. Call to Order at 6 p.m.
2. Roll Call
3. Invocation
4. Pledge of Allegiance
5. City Council Reports
6. City Manager Report
7. City Attorney Report
8. City Clerk Report
9. Presentations
10. Public Comments
11. Consent Calendar
12. New Business
13. Public Hearings
The order of business may be changed any time by a majority vote of the council.
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B. Closed Session
Closed session meetings are generally held prior to regular meetings at 5 p.m.
C. Consent Calendar
Any non-hearing item may be placed on a consent calendar and enacted by one motion. There will be no separate discussion of these items unless a member of the council or a member of the public so requests. If such a request is made, the item will be removed from the consent calendar and considered in the normal sequence on the agenda.
VII. CONDUCT OF BUSINESS
A. Session
The mayor or other presiding officer takes the chair at the hour scheduled for the meeting and immediately calls the council to order.
B. Roll Call
Before proceeding with the business of the council, the roll of the members is called by the clerk, and the names of those present is entered in the minutes.
C. Minutes-Preparation-Distribution
The minutes of the council are kept by the clerk and filed online, with a record of each particular type of business transacted; provided, that the clerk is required to make a record only of such business as was actually passed upon by a vote of the council, and is not required to record any remarks of councilmembers or of any other person except at the request of a member of the council. The minutes further record the names of persons addressing the council, the title of the subject matter to which their remarks related, and the item number, or if they spoke during public comment.
D. Minutes-Approval-Reading
The clerk places the minutes on the consent calendar for approval by the council. The minutes are not posted online until approved by the council
E. Standards of Decorum
Under the Brown Act, the City Council may not prohibit public criticism of the policies, procedures, programs, or services of the City or the conduct or actions of the City Council.
However, members of the public are not allowed to disrupt the orderly conduct of Council meetings. Any person who disrupts a Council meeting may be removed from the Council Chamber by order of the mayor.
F. Manner of Addressing Council
1. Each person addressing the Council will be asked to give his or her name and city of residence in an audible tone of voice for the record. All remarks are to be addressed to the Council as a body and not to any individual member, or to staff, or to the public. No person, other than a member of the council, the city manager or the city attorney, and the person having the floor, is permitted to enter into any discussion without the permission of the presiding officer.
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2. For items not on the agenda and for non-hearing items on the agenda the person addressing the Council is limited to three minutes, unless the time is extended or shortened by the presiding officer.
3. For hearing items on the agenda, public comments are typically limited to three minutes. However, the presiding officer may impose reasonable time limits on any member of the public addressing the Council, including applicants, proponents and opponents, when the presiding officer determines the limits are necessary for the orderly conduct of the hearing.
4. Whenever any group of persons wishes to address the Council on the same subject matter, it is proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented at the time by any member of the group, to limit the number of persons addressing the Council, so as to avoid unnecessary repetition.
G. Procedure for Public Hearing
The order of conducting a public hearing by the Council shall be as follows:
a. Presiding officer announces the item and opens the public hearing; b. Staff report;
c. Questions of staff for clarification by councilmembers; d. Statement by proponents;.
e. Questions of proponents or staff by councilmembers;
f. Statements by public; the presiding officer may request those speaking in favor of the item to speak first, followed by those opposed;
g. Questions of public or staff by councilmembers;
h. Response by proponents;
i. Response by staff;
j. Final questions by councilmembers to staff, proponents, or public; k. Presiding officer closes public hearing or asks for motion to close the public hearing; l. Council discussion; and
m. Council action on item.
H. Motions
The making and handling of motions are governed by the presiding officer.
I. Non-Agenda Items
1. No action or discussion may be taken on any item not appearing on the posted agenda, except as provided below:
a. Councilmembers may briefly respond to statements made or questions posed by members of the public addressing the council on any item not on the agenda. b. Councilmembers may, on their own initiative or in response to questions posed by a member of the public, ask a question for clarification, provide a reference to staff or Packet Page 93 of 490Attachment 2 Page 50 of 165
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other resources for factual information, or request that any matter be placed on a future agenda.
c. The council may take action to direct staff to report back to the council at a subsequent meeting on any matter.
2. The council may add to the posted agenda, and take action on any item of business under the conditions stated below:
a. Upon a determination by a majority vote of the council that an emergency situation exists. “Emergency situation” means a crippling disaster, terrorist act, work stoppage, or other activity that severely impairs public health or safety. b. Upon a determination by a two-thirds vote of the council, or, if less than two-thirds of the members are present, by a unanimous vote of those present, that there is a need to take immediate action before the next meeting and that the need for action came to the attention of the city after the agenda was posted.
c. The item was on the agenda for a prior meeting of the council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
VIII. VOTING
A. Majority Vote
1. Except where otherwise required by law, all motions by the council are carried by a majority vote of all members who are present, qualified to act, and who cast either a “yes” or “no” vote, provided that a quorum is present. Silence is deemed to be a “yes” vote.
2. In the event of a tie vote, the motion fails.
B. Abstention
An abstention will be recorded when a member, although qualified to vote on a motion, votes neither “yes” nor “no,” and instead states “abstain.”
C. Same - Majority Vote
An abstention is not considered for purposes of determining a majority vote. For purposes of determining whether a sufficient number of councilmembers are present to act on an item of business; however, the abstaining member is counted as present. For example, where seven councilmembers are present and qualified to vote, a vote on a motion of three (3) in favor, one (1) opposed, and three (3) abstain would be a majority vote. Likewise, where four councilmembers are present and qualified to vote, a vote on a motion of two (2) in favor and two (2) abstain would be a majority vote.
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D. Conflict of Interest
No councilmember may make, participate in making, or in any way attempt to use his or her official position to influence a decision on any issue when prohibited from doing so by law.
E. Same - Member Considered Absent
A councilmember disqualified from participation because of paragraph D, above, is not considered present at the meeting for the item(s) of business on which such member is disqualified.
F. Same - Conduct During Consideration of Item
At the time the presiding officer calls an item from which a councilmember is disqualified from participation under paragraph D, above, the disqualified councilmember must announce the fact and the reason he or she is disqualified for the record and thereafter recuse themselves, refraining from any participation as a councilmember in the discussion and action on the item. In addition, unless the item is on the consent calendar, the councilmember must step down from the council dais and leave the Council Chamber for the entire time that the item is being considered by the council.
IX. CLOSED SESSIONS
A. Closed Sessions Authorized
The council may meet in closed session for the following purposes and as authorized by law:
1. License or permit determination pursuant to Government Code §54956.7;
2. Conference with real property negotiators pursuant to Government Code §54956.8;
3. Conference with legal counsel regarding existing or anticipated litigation pursuant to Government Code §54956.9;
4. Liability claims discussion or action pursuant to Government Code §54956.95;
5. Matters involving threat to public services pursuant to Government Code §54957;
6. Matters involving personnel pursuant to Government Code §54957;
7. Conference with labor negotiator pursuant to Government Code §54957.6; and
8. Matters involving multi-jurisdictional drug law enforcement agency pursuant to Government Code §54957.8..
B. Agenda Requirements
Closed sessions shall be described on the agenda of the meeting for which they are scheduled as specified in Government Code §54954.5.
C. Reporting After Closed Session
The council is required to publicly report certain final actions taken in closed session in the manner required by the Brown Act. The city attorney will advise the mayor and council when a public report is required and what should be disclosed. Generally, the city attorney will make the report orally at the beginning of the council’s public agenda.
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D. Disclosure of Confidential Information is Prohibited The Brown Act at Government Code Section 54963 prohibits any councilmember or staff member attending a closed session from disclosing any confidential information received in the closed session to a person not entitled to receive it.
X. DISTRIBUTION OF MATERIALS
A. City Council Meetings
Agendas and other writings distributed by any person to all or a majority of the city council for discussion or consideration at a public meeting must be made available for inspection and copying as public records (unless otherwise confidential). Writings prepared by staff or by a member of the council which are distributed during a public meeting also must be available for public inspection at the meeting. If prepared by some other person, the writings may be made available for public inspection after the meeting.
B. Documents Approved in Closed Session
Copies of contracts, settlement agreements, or other documents that are finally approved or adopted in closed session must be provided to any person who has submitted a request for such to the council within 24 hours of the posting of the agenda listing the closed session, or to any person who has made a standard request for all documentation as part of a request for notice of meetings, if the requester is present at the time the closed session ends. If the action taken results in substantial revisions to the documents, the documents do not have to be released until retyping is completed. Upon request, the presiding officer is required to orally summarize the substance of the amendments if requested at the end of the closed session. The closed session documents must be made available to any person on the next business day following the closed session or, where substantial revisions are necessary, when the revisions are completed.
Tips for Broadcast & Playback at Council Meetings
The Council Chamber is equipped with five cameras and a powered audio system to record the meetings at optimal levels for broadcast and playback. There are microphones at every position at the council dais, presentation podium, and public comment podium. When participating in a meeting, please keep the following in mind:
• The camera may capture you even when you are not speaking. Do not make faces or gestures you do not want seen.
• Even though you can hear people without a microphone and vice versa, the volume level is not adequate for broadcast and playback. You must use a microphone to speak. • Turn the microphone on when you want to talk and keep about 5 inches between it and your mouth. Speaking directly into the microphone may cause distortion. • The microphone is directional, so it must be pointed at your mouth. If you are facing away from the microphone and talking, it will not detect your voice. • Turn the microphone on/off by pressing the base when you start and stop talking. A green light indicates the microphone is on. Always ensure the green light is off when you have finished speaking, during recess, and after the meeting. Never say things near a microphone that you do not want heard.
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• All public speakers should come forward to the podium. Do not allow people to speak from the audience as they will not be heard during the broadcast or playback.
Teleconference Tips for Council Meetings
• If your camera is on, keep personal items out of your backdrop/camera view. You may request a City of Fairfield backdrop to use.
• When positioning the camera, frame yourself towards the top of the screen so that your lower third/title graphic won’t block your face.
• Everyone on zoom can see and hear you. Do not make faces or gestures you do not want seen, or say things you do not want heard.
• Do not unmute yourself unless you are speaking, and mute yourself once you have finished speaking.
• When using the chat feature, remember that everyone the teleconference will see your chat unless you select a specific participant to send it to.
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CHAPTER 4 - CONFLICTS AND LIABILITY
Introduction
This Chapter covers conflicts of interest and liability concerns during your duties as a City Councilmember. This Chapter is meant to give you a broad overview of some of the more important issues related to conflicts of interest and liability. However, this chapter is not intended to cover all areas of the law, nor is this Chapter necessarily updated as the laws are changed. For a comprehensive review of conflict-of-interest laws, please refer to the website for the Fair Political Practices Committee (FPPC).
Additionally, any information that is out of date or incorrect in this chapter does not give a Councilmember a defense to violation of any law. When in doubt, seek the advice of the City Attorney, your own private attorney, or seek an advice letter from the FPPC.
For more information visit https://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics- training.html
Conflict of Interest
State laws are in place to eliminate any action by a councilmember which may reflect a conflict of interest. Such laws and regulations aim to ensure that all actions are taken in the public interest. Newly elected officials are required to file a Statement of Economic Interests (Form 700) within 30 days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. The city clerk will notify you of your filing requirements. Note: Councilmembers may also serve on various joint power agencies or regional boards and should verify their filing requirements with each of those agencies.
If a member believes the potential for conflict of interest exists, they are encouraged to consult with the city attorney or private legal counsel for advice. Staff may also request an opinion from the city attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated and violations may result in significant penalties, including criminal prosecution.
This chapter provides a general summary of conflict rules and not a comprehensive explanation of this complex area of law.
There are laws that govern conflicts of interest for public officials in California, including the Political Reform Act (commencing at Government Code Section 81000) and Government Code Section 1090. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from being financially interested in government contracts.
Political Reform Act
The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify him or herself from acting on or participating in the decision before the City.
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An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally,” on a financial interest of the official or a member of the official’s immediate family.
Determining whether a councilmember has a financial interest is complex and fact specific. Financial interests include interests in businesses worth $2,000 or more, interests in real property, both ownership and leases, worth $2,000 or more, and gifts of $470 or more provided to or received within one year of the decision. These dollar amounts are subject to annual increases. Please check with the city attorney to verify the current dollar amount.
The California Political Reform Act and the regulations administered by the FPPC provide that councilmembers may not participate in certain governmental decisions if they, their spouse, or dependent children may have a financial interest in the outcome of the decision, whether positive or negative. If applicable, the councilmember is disqualified from making, participating in making or using his or her official position to influence the making of the decision at any stage of the decision-making process.
Real property interests of the councilmember, their spouse, or dependent children often affect participation by councilmembers. A councilmember is considered to have interest in real property if you, your spouse or dependent children have a direct or indirect equity, option or leasehold interest of $2,000 or more in a parcel of real property (e.g., ownership, mortgages, deeds of trust, option to buy, joint tenancies, and partnerships) and any part of that property is located in the city or within two miles of the city boundaries.
If that real property is the direct subject of a proceeding in the city, it is generally presumed you have a disqualifying interest and you must not participate in any manner regarding the pending matter. For example, the FPPC regulations expressly provide that if your property is involved in City related zoning, annexations, sale, lease, actual or permitted use of, or taxes or fees imposed on the property or major redevelopment decisions, among other things, you will be presumed to be disqualified.
You can also be disqualified if your real property is not the subject of a city matter but any part of it is within 500 feet of other real property which is the subject of a city proceeding or action. In such cases you will be presumed to have a disqualifying direct interest in the outcome unless you can demonstrate that the outcome will not have a financial impact on you, your spouse, or dependent children. The Department of Community Development will assist you in identifying all your real property interests and the 500 foot radius. You also may have a disqualifying financial interest even if your property is located more than 500 feet from the proposed project if there are specific circumstances involving the project that make it reasonably foreseeable that the project would affect the market value of your property.
If you think you may have a disqualifying real property interest (or any other financial interest) in a matter coming before or pending in the city, there are a series of checklists and rules to review to determine whether you can participate or not. Please contact the city attorney at the earliest possible time to get assistance.
Government Code 87105 states that a Council or commission member who has a conflict of interest must now recuse himself or herself and leave the room, unless the matter is on the consent calendar.
You must take the following steps after you have determined that a conflict of interest exists under the Political Reform Act:
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• Publicly identify the financial interest. This must be done in enough detail for the public to understand the financial interest that creates the conflict of interest. Residential street addresses do not have to be disclosed.
• Recuse yourself from both the discussion and the vote on the matter. You must recuse yourself from all proceedings related to the matter.
• Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote or any other action.
Exception: If the matter is on the consent calendar, you do not have to leave the room.
Exception: If you wish to speak during public comment regarding your personal interests, you may do so as a private citizen, but this is the only time when you may be in the room while the matter is considered.
The Fair Political Practices Commission (FPPC) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also publishes informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest. You also may request a written advice letter from the FPPC on whether you have a prohibited conflict of interest on a particular matter. The city attorney can assist you in formulating the request. Only a written advice letter from the FPPC will immunize you from a future prosecution. Advice from the city attorney does not protect you from prosecution under the Political Reform Act if a court disagrees with the city attorney’s conclusions.
Government Code Section 1090
Government Code §1090 is similar to the Political Reform Act, but applies only to city contracts in which a public official has a financial interest. The financial interests covered by §1090 are different from those in the Political Reform Act. The regulations of the FPPC do not apply to Section 1090 and a violation of Section 1090 can occur even if the Political Reform Act is not violated. Having an interest in a contract may preclude the city from entering the contract. In addition, the penalties for violating §1090 are severe. A violation is a felony and bars the local official from ever holding public office again. If a councilmember believes that they may have any financial interest in a contract that will be before the council, the member should immediately seek advice from the city attorney.
There are a number of other restrictions placed on council actions that may result in personal liability for individual councilmembers. The following describe the other laws councilmembers are subject too – additional ethics training is available through ICMA and Cal Cities throughout the year.
Ex Parte Communications
Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum – with residents and interested parties; however, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official or other officials in order to obtain a more favored treatment or special consideration to advance personal or private interests. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests.
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Councilmembers who have ex parte communication with a party that has an application or other matter before them at the meeting, should disclose that they had ex parte communication with the party. This can be done by stating that the councilmember had ex parte communication with a party at a time in the meeting when the item is discussed.
Any written ex parte communication received by an official in matters involving a noticed public hearing where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
Transportation Pass Restriction
Councilmembers should be aware that acceptance of free passes for public transportation will cause a forfeiture of office under the California Constitution (Art. 12.6) Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. For example, those involved in automobile accidents sometimes choose to take actions against a city since the accident occurred on a city roadway. The City must always approach its responsibilities in a manner which reduces risk to all involved; however, with such a wide variety of high-profile services (e.g., police, fire), risk cannot be eliminated. The City belongs to the California Joint Powers Risk Management Authority to pool our resources to manage insurance and risk activities.
It is important to note that violations of certain laws and regulations by individual members of the city council may result in that member being personally liable for damages which would not be covered by the city’s insurance or the Government Code requirement that the city defend its officers in litigation arising from the performance of their duties. Examples may include discrimination, sexual harassment, or fraud.
Code of Ethics Policy
Councilmembers should become familiar with the City’s Code of Ethics for City Employees Policy and policy regarding city-owned property for political activities. The Code of Ethics Policy is attached as Appendix L.
AB 1234 – Ethics Training for Public Officials
Assembly Bill 1234 was signed into law and went into effect on January 1, 2006. This State law requires city councilmembers (those who receive compensation for their service or are eligible to have their expenses reimbursed) to receive two hours of ethics training every two years. Newly seated officials must receive this training within 12 months of taking their positions. The original certificate of completion of this training must be filed with the city clerk by that deadline.
This training covers subjects such as personal financial gain, personal advantages and perks, government transparency, fair process, and when to seek advice from agency counsel. The training will cover in detail the laws that are briefly presented in this chapter.
Public Records Request
The California Public Records Act (the PRA) was enacted in 1968 to:
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2. Promote maximum disclosure of the conduct of governmental operations; and
3. Explicitly acknowledge the principle that secrecy is antithetical to a democratic system of “government of the people, by the people, and for the people.” The PRA is an indispensable component of California’s commitment to open government and expressly provides that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” The PRA provides for two types of access, a right to inspect public records and a right to prompt availability of copies of those records.
The PRA defines “public records” as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” Records subject to the PRA include records in any media, including electronic media, in which government agencies may possess records. Overall, the PRA is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed. The PRA does not provide for creation/preparation of a record or document that does not exist at the time of the request.
In responding to a public records request, the City has 10 days to respond to the request, either providing the information, or may provide a detailed explanation as to what information may be released or what cannot because it is protected by law. The 10 day period is not a legal deadline for producing records, rather it is a time frame which allows the agency to review records to determine if the records being sought are legally allowed to be released or whether they are exempt. As soon as a determination is made, the request will receive a response as to the status, cost, and/or time frame as some records may need to be released incrementally due to size and extent.
The League of California Cities has created a thorough guide to the PRA, The People's Business: A Guide to the California Public Records Act, and is available online.
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CHAPTER 5 - SUPPORT PROVIDED TO CITY
COUNCIL
Staff/Clerical Support
General staff and administrative support to members of the city council is provided through the City Clerk’s Office and City Manager’s Office. Administrative services including scheduling of appointments, receiving telephone messages, and word processing are available as needed and coordinated through the City Manager’s Executive Office Manager. Sensitivity to the workload of support staff members in the City Clerk’s Office and City Manager’s Office is appreciated. When coordinating meeting schedules and conference travels with support staff, a timely response to e-mails and phone calls is appreciated.
All other inquiries that may arise, should be directed to the city manager. The city manager is responsible for ensuring that these requests are addressed by the appropriate staff.
Councilmember Inquiries and Staff Resources
The following ranking prioritizes how staff will address councilmembers inquiries before requiring council concurrence to pursue further.
Ranking of priorities:
1. Constituent: Priority to get an answer right away.
2. Small/simple question: OK to go ahead (city manager and city attorney to alert council if it will take a significant amount of work).
3. Significant body of work: If significant work is involved (two or more hours) there must be two (2) votes to place it on the agenda for discussion and four (4) votes to approve the work to be done.
On occasions when a councilmember asks for information or research that costs a significant amount of money or takes a great deal of staff time (two or more hours), the city manager will first give the councilmember a brief summary reply of the issue and let the council know that any further information would likely take significant amounts of time, resources, and dollars and will need to be brought to the council as a whole. The council agreed to support the city manager in making these decisions and to review the effectiveness of this agreement and process periodically.
When a councilmember does need to talk to a staff member to answer questions or provide information that does not require significant amounts of research the council understands that they will direct this question or concern to the department head or city manager first. Councilmembers understand that staff members need not interrupt their normal duties to respond to council requests unless the councilmember indicates it is an emergency.
It is further agreed that information requested by one councilmember that is reasonably considered to be of interest to the entire council will be shared with all councilmembers.
Email/Voicemail
Councilmembers will be offered the use of a city email and voicemail account.
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These technologies facilitate efficient communication by councilmembers. However, their use also raises important legal issues to which councilmembers must pay special attention. First, the Brown Act prohibits members from using “technological devices” to communicate with a majority of the council to discuss, deliberate or take action on any item of business within the subject matter jurisdiction of the council. “Technological devices” under the Brown Act include, but not limited to, telephones, faxes, e- mail, text messages, public access cable TV, video, smart devices, and social media. Councilmembers should not use email, faxes or telephones for communicating with other councilmembers in order to develop a majority position on any particular issue that may come before the full council.
Second, councilmembers should be aware that emails and text messages sent by councilmembers are public records under the Public Records Act. Even if an email is not printed, the information in the email is stored on the computer network until deleted and may continue to exist on the network’s back-up systems even after being deleted. As a result, emails and text messages can become records of the city maintained in the course of business, and thus available for public disclosure under the Public Records Act.
The city’s E-mail Use Policy is attached as Appendix M.
Mail/Deliveries
Members of the city council receive a large volume of mail and other materials from the public, private interests, and staff. The city clerk maintains a file for each councilmember on the fourth floor of City Hall and mail should be picked up on a regular basis.
Meeting Rooms
There is a shared city council office and conference room available in the City Manager’s Office for shared use by members of the city council. The conference room is equipped with a telephone, computer with a large screen, and printer for shared council use. Councilmembers are free to use the office on a drop-in basis and may also request a specific reservation through the Executive Office Manager in the City Manager’s Office.
Meeting Request, Invitations
City council members receive many meeting requests and invitations to special events. The City Manager’s Office Executive Office Manager serves as a liaison for meeting requests and invitations.
Invitations to city council members will be distributed as they are received and in the weekly update to council. Council members are asked to RSVP by contacting the Executive Office Manager.
Travel
The City Manager’s Office is responsible for making all council-related travel arrangements. Council is provided approved per diem costs for meals and incidentals and reimbursed for mileage when applicable.
City Supported Councilmember Town Halls and Events
Community engagement is an important role of the council – an ongoing understanding of the needs of the citizens of Fairfield is prudent in serving as a legislator, visionary, and ambassador for Fairfield.
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community as a whole. Town halls and councilmember hosted roundtables on Channel 26 are two common forms of community engagement which require considerable staff support. The following are guidelines on council hosted town halls and roundtables to ensure equitable access to staff resources for each councilmember interested in hosting these forms of community engagement.
Councilmember Hosted Roundtables for Channel 26
Roundtable discussions are an opportunity for councilmembers to host a televised 60-minute discussion focusing on the topic of their choosing with selected guests. These recorded roundtables will air on Channel 26 and be shared on the City’s social media accounts including YouTube. Programming for Channel 26 is bound by the guidelines and restriction identified in the City’s Admin Policy, Chapter 100 Section 14.
To ensure equitable use of Channel 26 and to prevent the misuse of public funds, requests for roundtable discussions must be coordinated through the City Manager’s Office and the following guidelines will pertain to roundtables:
• Roundtable discussions must focus on topics that are within the City’s responsibility. Topics cannot include school district or county concerns that the City does not directly control.
Participation by any employees of the City is subject to City Manager approval. • To ensure sufficient staff time to produce and edit a roundtable discussion, roundtable discussions must be requested at least fifteen (15) business days prior to the date of the recording.
• Once recorded, roundtable discussions will air within fifteen (15) business days of the original recording and will re-air up to two (2) times within 60 days of the original recording date. • Roundtable discussions recorded for the purposes of Channel 26 are considered the intellectual property of the City and the City owns all copyrights.
Councilmember Hosted Town Halls
Town hall meetings are an important tool in allowing councilmembers to serve the greater community and make informed policy decisions. Town hall meetings are intended to be informal meetings between a councilmember and members of the community of Fairfield, held to provide interested members of the community an opportunity to discuss emerging issues and voice concerns, opinions, and preferences for their community. It is not the purpose of town hall meetings to take action on any matter under consideration by the City or City Council.
A town hall is considered any event on City property, or using City resources when requested by a councilmember, to conduct outreach to the community to provide information and/or solicit information and opinions regarding specific topics affecting the community. Town hall formats include virtual and in-person events using City resources. The following guidelines are intended to ensure adequate staff and city resources are available for each town hall:
• Town Hall Meetings can focus on a specific topic or serve as a general listening session for the councilmember; however, town hall meetings must focus on issues within the City’s scope of responsibility.
• Town Hall Meetings must be requested and approved at least ten (10) business days prior to the date of the event and should not conflict with any previously scheduled City sponsored event.
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• City staff will support the promotion of town hall meetings including the development of press releases, social media, and other standard outreach practices for City events. Final authority of the level of support allocated for the promotion of town hall meetings will be subject to the discretion of the City Manager or his/her designee.
• If a Town Hall Meeting is hosted in the City Council Chambers, Councilmembers have the option to request the Town Hall Meeting be aired on City of Fairfield’s government access channel, Channel 26, pending staff availability and approval by the City Manager’s Office. o Recorded Town Hall Meetings will be aired on Channel 26 within five (5) business days of the original event date and aired up to two (2) additional times within 30 days of the original event date.
• A quorum of councilmembers shall not attend any single town hall meeting. Attendance of a town hall meeting by city councilmembers shall be coordinated through the City Manager’s Office to prevent any Brown Act violations.
Town halls do not include the following:
• A meeting arranged by a councilmember held off City property and not using any City resources. • A meeting originating from someone other than a councilmember including but not limited to a resident, business, or City staff.
• Community clean-ups.
• A meeting arranged by a councilmember held on City property but not using any City resources and reserved and paid for by a councilmember using non-public funds.
No more than two Town Hall Meetings will take place in a month to ensure adequate staff resources are available to support each meeting.
Use of Public Funds for Councilmember Hosted Events
Council hosted town halls and council roundtables on Channel 26 which utilize City resources including property, staff time, or funds is considered a use of public funds and are subject to FPPC rules and regulations and all other applicable laws including California Penal Code 424. To prevent the misuse of public funds, the following limitations apply to council hosted engagement events supported by City resources:
• There will be a moratorium on all councilmember hosted events including roundtables and town halls supported by City resources beginning on the day the filing period for city council elections opens, until the day after the election.
o Should a councilmember file papers to run for office in a non-city election (i.e. county supervisor or state assemblymember) prior to the City election filing period, that councilmember would not be able to host a city supported community engagement event during the duration of their campaign.
• During an election year, no town hall or roundtable discussion recording will be aired on Channel 26 beginning on the first day of the candidacy filing period through the day after the Election.
• Channel 26 recordings of council hosted town halls and roundtables shall not be used in any part of an election campaign.
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It is the responsibility of the hosting councilmember to ensure that town halls, roundtable discussions, and other community engagement events which use City resources comply with FPPC rules and regulations and all other applicable laws including California Penal Code 424. Misuse of public funds is a felony and is punishable by imprisonment in state prison for up to four (4) years and disqualification from holding any public office. Councilmembers are solely responsible for complying with all California laws, and the City of Fairfield, City staff, and the City Attorney are not liable should a councilmember knowingly or unknowingly misuse public funds.
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CHAPTER 6 - INTERACTION WITH CITY
STAFF/OFFICIALS
Overview
Professional staff implements City Council policies; therefore, all parties must understand the relationship between the council and staff to implement policies and programs successfully. The City of Fairfield has a long tradition of positive relationships between city council members and staff. To maintain these effective relationships, it is important that roles are clearly recognized.
Relationship of city council and staff
It is important to follow the chain of command. Councilmembers should work through the city manager and city attorney for requests. Council is welcome to have contact with any city employee, but requests for information should go through the city manager and or executive management team.
Council agrees to stay within the chain of command. All councilmembers are free to speak with anyone within the organization as long as they are not directing them. Councilmembers should be aware that staff aim to please and any conversations about preferences of an individual councilmember may be perceived as direction to staff. Keep the city manager informed of contacts made to prevent confusion.
Any concerns by a member of the council regarding the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved.
Council/City Manager Relationship
The employment relationship between the city council and city manager recognizes the fact that the city manager is the chief executive officer of the city. This means the council should direct the city manager to execute policy, and then the city manager should delegate tasks to staff to execute policy. It is inappropriate for councilmembers to directly delegate tasks to staff. Regular communication between the city council and city manager is important in maintaining open communications. All dealings with the city manager, whether in public or private, should respect the authority of the city manager in administrative matters.
The full city council retains the power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, departmental priorities, and the performance of city business.
Should a councilmember become dissatisfied about a department, he or she should always discuss it with the city manager, not the department head. Concerns about the department head must be taken to the city manager only. Individuals are encouraged to initiate resolution of problems as soon as possible.
The city council should evaluate the city manager on a regular basis (at least annually) to ensure that both the city council and city manager are in agreement about performance and goals based on mutual trust and common objectives. Evaluations should utilize a written feedback form which both the city manager and city council agree to prior to the evaluation period.
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City Manager-Council Briefings
As in any professional relationship, it is important that the city manager keep the city council informed.
The city manager respects and is sensitive to the political responsibility of the city council and acknowledges that the final responsibility for establishing the policy direction of the city is held by the city council.
The City Manager holds regular briefings with individual councilmembers to discuss city initiatives, emerging issues, and topics of council interest. In addition, the City Manager may conduct 3-3-2 Briefings which prevents a quorum from occurring but allows councilmembers to learn about and discuss city projects prior to a council meeting
Communication is undertaken in such a way that all councilmembers are treated similarly and kept equally informed. It is equally important that the council provide ongoing feedback, information and perceptions to the city manager.
Staff roles
City staff serves the city council as a whole, with the primary function being to execute council policy and actions taken by the council, and to keep the council informed. Through the direction of the city manager, staff is obligated to take guidance and direction only from the council as a whole. Staff is directed to reject any attempts by individual members of the council to direct or otherwise pressure them into making, changing or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests made by individual councilmembers for information or assistance, provided that, in the judgment of the city manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full city council. When preparing for council meetings, councilmembers should direct questions ahead of time to the City Manager so that staff can provide the desired information at the council meeting.
It is recognized that many councilmembers have personal friendships with city staff. While this is not prohibited, it is important that councilmembers recognize they are in a position of power and personal friendships between staff and elected officials could cause conflicts of interest. Councilmembers shall not use their friendships or confidential information obtained while serving on Council to derive unfair advantages for themselves or others.
City Manager Code of Ethics
The city manager is subject to a professional code of ethics from his or her professional association.
These standards appear in Appendix N of this manual. It should be noted that this code binds the city manager to certain practices that are designed to ensure actions are in support of the city’s best interests. Violations of such standards can result in censure by the professional association.
City Council/City Attorney Relationship
The city attorney is the legal advisor for the council, city manager, and department heads. The general legal responsibilities of the city attorney are to:
1. Provide legal assistance necessary for formulation and implementation of policies and projects.
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2. Represent the city’s interests, as determined by the city council, in litigation, administrative hearings, negotiations, and similar proceedings.
3. Prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared.
4. Keep city council and staff apprised of court rulings and legislation affecting the legal interests of the city.
It is important to note that the city attorney does not represent individual members of council, but the city council as a whole. Thus, information a councilmember shares with the city attorney may be disclosed to the entire council. Any requests for significant research or the preparation of documents should be requested by the whole council and not individual councilmembers.
Access to Information and Communications Flow
It is the responsibility of staff to ensure councilmembers’ access to information from the city and to ensure such information is communicated completely and with candor to those making the request.
However, councilmembers must avoid intrusion into those areas that are the responsibility of staff.
Individual councilmembers may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the city council as a whole. This is necessary to protect staff from undue influence and pressure from individual councilmembers, and to allow staff to execute priorities given by management and the council as a whole without fear of reprisal.
Placing Articles on Controversial Issues in Channel 26 and the City Website
Channel 26 is the City of Fairfield’s government access channel. The programming is bound by the guidelines and restrictions identified in City of Fairfield’s Administrative Policy Chapter 100 Section 14 (Appendix O). All articles published on the city website or topics broadcast on Channel 26 are to be impartial. Any placement of a political issue requires a council decision. If the political piece is approved, staff will produce the content without city council input. Prior to posting any political content, the city attorney’s office will review for compliance with state law.
Councilmembers Receiving Same Information
All councilmembers will receive the same information.
Access to Information
Individual councilmembers, as well as the council as a whole, are generally permitted access to any information requested of staff and shall receive the full cooperation and candor of staff in providing any requested information. Appropriate personnel will pass critical information to all councilmembers. The city manager or appropriate staff will always inform the council when a critical or unusual event occurs about which the public would be concerned.
There are limited restrictions when staff cannot provide information. There are legal restrictions on the city’s ability to release certain personnel information, even to councilmembers. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the council. Any concerns a councilmember may have regarding the release of Packet Page 113 of 490Attachment 2 Page 70 of 165
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information, or the refusal of staff to release information, should be discussed with the city attorney for clarification.
Councilmembers have a responsibility in this information flow as well. It is critical that they make extensive use of staff and commission reports and commission minutes. Councilmembers should come to meetings prepared – having read the council agenda packet materials and supporting documents, as well as any additional information or memoranda provided on city projects or evolving issues. Additional information may be requested from staff, if necessary.
Dissemination of Information
In cases where a staff response to an individual councilmember request involves written materials, the city manager will provide copies of the material to all other councilmembers.
Staff Relationship with Advisory Bodies
Staff provides support and assistance to committees, boards, and commissions, but advisory bodies do not have supervisory authority over city employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors, the city manager, and the city council.
Staff support includes the preparation of an agenda and reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person will serve as a clerk, taking minutes as needed.
Council Relationship with Advisory Bodies
The city council has determined that councilmembers should not lobby commissioners for particular votes. However, councilmembers may request that commissioners consider certain issues during their deliberations.
Restrictions on Political Involvement by Staff
Local governments are non-partisan entities. Professional staff, as reflected within the principles of the council-city manager form of government, formulate recommendations in compliance with council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fundraisers, or other means.
By working for the city, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement.
Generally, employees have no restrictions while off the job. However, no participation in campaigns or other activities may take place while on the job. No city resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaign or other activities while in a city uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is prohibited.
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CHAPTER 7 - COMMUNICATIONS
Overview
Councilmembers regularly communicate with the public to hear community concerns, opinions, and needs. Since the city council performs as a body (acting on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the council. City Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
Once the city council has taken a position on an issue, all official City correspondence regarding that issue will reflect the council’s adopted position. If a member of the city council appears before another governmental agency organization to give a statement on an issue affecting the City, the councilmember should indicate the majority position and opinion of the council.
When council has not taken a position on an issue, neither the mayor nor any member of the council will speak on behalf of the council. In these situations, the mayor or councilmember will use a phrase like, “Council has not taken an official position. Personally, this is what I think...”.
Correspondence from Councilmembers
City councilmembers will often be called upon to write letters to citizens, businesses, or other public agencies. These communications fall into two categories, either the communication is from the city council, or the councilmember will be writing simply as an individual member of the council.
Communication from City Council
Typically, the mayor will be charged with transmitting the city’s position on policy matters to outside agencies on behalf of the city council. City letterhead is available for this purpose and staff will assist in the preparation of such correspondence. After the city council has taken a position on an issue, official correspondence should reflect this position.
Communication as an Individual Councilmember
City letterhead is available for individual councilmembers upon request, but use of city letterhead is limited to actions within your official title of councilmember. City letterhead is not allowed to be used for personal use or interests outside the scope of your duties as an elected official.
On occasion, members may wish to transmit correspondence on an issue upon which the council has yet to take a position or about an issue for which the council has no position. In these circumstances, members should clearly indicate within their letters that they are not speaking for the city council as a whole, but for themselves as one member of council.
While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, city letterhead and staff support should not be utilized. Importantly, City stationery and staff may not be used for solicitation of campaign contributions, to advocate positions on local ballot measures, or for personal business not related to the City. No councilmember shall use stationery for mass mailings.
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Councilmembers are often asked to prepare letters of recommendation for students and others seeking employment or appointment. It is appropriate for individual councilmembers to utilize city letterhead and their council titles for such letters. No review by the full council is required.
Speaking for the City
Similar to written correspondence, when members are requested to speak to groups or are asked the council’s position on an issue, the response should reflect the council’s position as a whole. Of course, a member may clarify their vote on a matter by stating, “While I voted against X, the city council voted in support of it.”
When representing the city at meetings or other venues, it is important that those in attendance gain an understanding of the city council’s position rather than that of an individual member.
Proclamations
Ceremonial proclamations are often requested of the city in recognition of an event or individual.
Proclamations are not statements of policy, but a ceremonial document to honor, celebrate, or create awareness of an event or significant issue. The mayor is charged with administration of proclamations.
Individual councilmembers do not issue proclamations.
For a list of the Proclamations Guidelines, please visit www.fairfield.ca.gov/proclamation .
Press and News Media Relations
The mayor serves as the general spokesperson for the city representing the elected body and may have routine contacts with media regarding city business. When appropriate, the mayor will work with the City’s communication manager and staff to develop talking points for media and public addresses.
Occasionally, councilmembers may receive inquiries from the media. Councilmembers who prefer not to respond should direct media inquiries to the communications manager in the City Manager’s Office. A councilmember who does grant an interview, should not go “off the record” and discuss confidential or unreportable information. Prior to interviewing or immediately after, a courtesy notice to the communication manager is appreciated. The communication manager is also available as a resource for preparing talking points and media training.
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CHAPTER 8 - FINANCIAL MATTERS
Council Compensation
State law and the City Municipal Code provide for compensation to members of the city council.
Currently, city councilmembers receive a salary of $500 per month and the mayor receives a salary of $600 per month. Effective December 2022, city council will receive a salary of $1,300 per month and the mayor a salary of $1,500 per month. A seated city council may not increase its own salary. Councils may only pass an ordinance to raise the salary of an incoming city council. State law limits an increase in city council salaries to 5% per year.
Many councilmembers serve on special boards, commissions, and committees which may compensate participants at varying rates. Appointments to paid and unpaid boards, commissions, and committees is at the discretion of the mayor and are typically selected at the City Council Retreat each year. City Council also serves as the city’s Housing Authority; when a joint meeting of the City Council and Housing Authority is convened councilmembers receive an additional compensation of $35 for attending.
In addition to a monthly salary, councilmembers participate in the City’s medical insurance and life insurance plans as well as the California Public Employees’ Retirement System (CalPERS).
Councilmembers also receive an auto allowance of $150 per month and the mayor receives an auto allowance of $300 per month.
Allowable Expenditures
The city budget includes funds for councilmembers to undertake official city business. Eligible expenses include membership in professional associations, attendance at city events, conferences or educational seminars, and the purchase of publications and annual subscriptions. In addition, travel expenses related to city business, including meals, are included for councilmembers.
Expenditure Guidelines
It is very important to note that any expense must be related to city affairs. Public property and funds may not be used for any private or personal purposes. Courts have ruled that this prohibition includes personal political purposes. For example, the city cannot reimburse a councilmember for meals at a meeting designed to discuss political or campaign strategies.
Councilmembers are issued an IMPAC (Cal-Card) for business use. Receipts and invoices for charges made on Cal-Cards must be kept for submission at the end of the month to reconcile with the bank statement. Councilmembers can work with the City Manager’s Office to complete necessary forms to submit to Finance.
Meals and gas should not be charged to Cal-Cards as they are reimbursed through the travel authorization form. Allowable charges are outlined in Chapter 100, Section 29, of the Administrative Policy and is attached as Appendix P along with the Travel and Business Expense policy.
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CHAPTER 9 - ADDITIONAL TRAINING AND
RESOURCE MATERIALS
Institute for Local Government (ILG)
ILG empowers local government leaders and delivers real-world expertise to help them navigate complex issues, increase capacity, and build trust in communities. ILG’s effectiveness in promoting good government at the local level is greatly enhanced by its close working relationship with the associations that represent counties, cities, and special districts. ILG has a website at www.ca-ilg.org International City/County Management Association (ICMA) The International City/County Management Association (ICMA) is a professional association of local government chief executives. The association has an extensive list of publications to assist local officials including the ICMA Elected Officials Handbook series which is a great resource for councilmembers.
Publications have also been developed on every basic city service. ICMA has a website at www.icma.org .
League of California Cities (Cal Cities)
Cal Cities is an association of cities in California founded in 1898. It provides many levels of service including the production of educational conferences for local officials, and publication of various newsletters and a monthly magazine Western City. Each year representatives from the City of Fairfield attends Cal Cities signature events including their annual Leaders Summit and Annual Conference.
Cal Cities also has lobbyists on staff who represent the interest of cities before the state legislature and federal government. Committees having local officials as members are also organized around the interests of city departments (e.g., city council, city manager, city clerk, fire, police) to address issues as they arise. Cal Cities has a website at www.calcities.org .
Local Government Commission
The Local Government Commission (LGC) is a California-based organization which is focused largely on planning and resource conservation issues. It conducts workshops, offers periodic seminars, and publishes several newsletters. The LGC has a website at https://www.lgc.org Additional Reference Materials
Other reference materials which may be of interest are on file with the City Clerk or may be accessed at the links below:
The Brown Act - Open Meetings for Local Legislative Bodies https://www.cacities.org/brownact
California Government Codes
https://leginfo.legislature.ca.gov
City of Fairfield Municipal Code
www.codepublishing.com/ca/fairfield
The Political Reform Act
http://www.fppc.ca.gov/the-law/politicalreformact
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CHAPTER 10 - LEAVING OFFICE
Filling Council Vacancies
Generally, if a vacancy occurs on the city council during a member’s term (e.g., resignation) the council may appoint an individual to serve the remaining term or call for a special election.
Conflicts of Interest When Leaving Office
Prior to leaving government office or employment, the Political Reform Act prohibits all public officials from making, participating in the making or using their official position to influence the making of government decisions directly relating to any person with whom they are negotiating, or have any arrangement, concerning prospective employment. (Gov. Code 87407.) This requirement was amended in 2003 to include government officials as well as State officials.
A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held a position with a local government agency shall not, for a period of one year after leaving that office or employment, act as agent or attorney for any other person by making any formal or informal appearance before or by making any oral or written communication to that local government agency, or any committee, subcommittee, or present member, officer, or employee of that local government agency, if the appearance or the communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant or contract, or the sale of purchase of goods or property. (Gov. Code 87406.3(a).) This prohibition will not apply if the former official is an officer or employee of, an appearing on behalf of, another public agency. (Gov. Code 87406.3(b).)
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CHAPTER 11 – APPENDICIES
A. City Owned Facilities
B. Budget Process Overview
C. Citywide Organizational Chart
D. City Manager’s Employment Contract
E. Chapter Two of the Fairfield Municipal Code
F. City Attorney’s Employment Contract
G. Resource Guide for Individuals Experiencing Homelessness H. FY 2022-23 Council Goals Document
I. Chapter Six of the Fairfield Municipal Code
J. Cal Cities Summary of the Brown Act
K. Council Code of Conduct
L. City of Fairfield Code of Conduct
M. E-Mail Use Policy
N. ICMA Code of Ethics
O. Channel 26 Admin Policy
P. Travel and Business Expense Policy
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Appendix A: City Owned Facilities and Parks
Allan Witt Aquatics Center 1741 W. Texas Street
Allan Witt Community Park 1741 W. Texas Street
Allan Witt Rotary Skate Park 1900 Woolner Avenue
City Hall & Civic Center Park 1000 Webster Street
Community Center 1000 Kentucky Street
Cordelia Community Park 1300 Gold Hill Road
Dover Neighborhood Park 800 E. Travis Boulevard
Dunnell Nature Park and Education Center 3351 Hillridge Drive Fairfield Adult Recreation Center (50+) 1200 Civic Center Drive Fairfield Rose Garden Travis Boulevard & Linear Trail
Fairfield Sports Center 1741 W. Texas Street
Gary Falati Neighborhood Park 5100 Falati Lane
Hayes & Utah Street Tot Lot 1101 Hayes Street
Hillview Neighborhood Park 300 Atlantic Avenue
Kentucky Street Tot Lot 1740 Kentucky Street
Laurel Creek Neighborhood Center 2980 Gulf Drive
Lee Bell Neighborhood Park 1401 Washington Street
Linear Park Playground at 2nd Street 1250 2nd Street
Linear Park Playground at 5th Street 950 5th Street
Mankas Neighborhood Center 2800 Owens Street
Meadow Glen Neighborhood Park 2800 Parkview Terrace
Meadow Neighborhood Park 1520 Meadowlark Drive
Octo Inn Soccer Complex 1600 Capitola Way
Ridgeview Neighborhood Park 4910 Silver Creek Road
Rolling Hills Neighborhood Park 3520 Glenwood Drive
Sunrise Neighborhood Park 2920 Camrose Avenue
Tabor Neighborhood Park 1084 East Tabor Avenue
Tolenas Neighborhood Park 1700 Catlin Drive
Veterans Memorial Park 2050 Fairfield Avenue
Vintage Green Valley Neighborhood Park 600 Vintage Valley Drive Woodcreek Neighborhood Park 1470 Astoria Drive
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Appendix B: Budget Process Overview
The primary purpose of the budget is to make decisions about how the city will spend the financial resources at its disposal, including which programs will be funded and at what level. Another important goal is to inform the community about the city’s financial and programmatic activities. Finally, the Fairfield budget is a long-range planning tool that allows elected representatives, staff, and citizens to quickly see the long-term trends that will affect the city in future years. The city’s budget process and policies are responsible for shaping this comprehensive and informative document.
Financial Plan
The City adopts a two-year budget for all of its funds, including a five-year forecast for the General Fund, and a five-year capital improvement program. Looking out more than one year at a time is crucial to sound financial planning. Long-term forecasts show the future consequences of today’s actions, provide early warning of adverse trends, and improve financial planning and policy making for the allocation of scarce budget resources. The forecast is a valuable strategic planning tool, and can show decision makers the fiscal outcome of different policy choices or economic assumptions.
The growth projections used in the Financial Plan are jointly prepared by the Finance and Community Development departments, and the forecast is consistent with the city’s current General Plan and economic development policies. Staff works with a budget forecasting model to produce future revenue and expense forecasts on a consistent basis for all funds, and accounts for all inter-fund transfers and loans. The Financial Plan’s projections may or may not occur as predicted, depending upon changes in the economy, future service level changes, and the mandates of other governments. However, this is not a static plan. During the year, Finance continues to update the budget forecasting model based on actual experience and the latest available information on economic and local growth trends.
Council Budget Policies
The Financial Plan is shaped by various budget and financial policies formally adopted by the city council.
These include the budget process, minimum reserve and staffing level targets, policies for management of investments, debt, utility rates, employee compensation, information technology, and principles for developing budget reductions. The text of all policies has been updated and is proposed for adoption as part of this year’s budget resolution package.
The Budget Process
The city operates on a fiscal year basis that begins on July 1 of each year, and ends the following year on June 30. The City Manager’s Office and Finance Department manage the budget process, with support from each of the operating departments. The preparation of the budget takes place between January and June, culminating with the adoption of a two-year budget by the city council, with council adopting any adjustments prior to the beginning of the second fiscal year as part of a mid-cycle review performed by staff.
Public hearings and community workshops are conducted on the proposed budgets to review all appropriations and sources of financing. Budgeted expenditures are then adopted through the passage of a resolution. The budget represents the maximum authorized expenditures for the year and cannot legally be exceeded except by subsequent amendments of the budget by the city council. Any Packet Page 125 of 490Attachment 2 Page 82 of 165
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amendments to the total level of net appropriations for a fund or transfers between funds must be approved by the city council. Capital project appropriations shall remain in effect until the project is completed or until modified in a subsequently adopted budget.
The budget is shaped by various budget and financial policies formally adopted by the city council. These include minimum reserve levels, policies for management of investments, debt, and information technology.
Budget Control
Once the budget is approved, revenue and expense information is entered in the city’s accounting system, which provides on-line access for up-to-date financial information.
Operating budgets are controlled at the departmental level, and line-item comparisons are available for internal budget monitoring. The city manager or designee may transfer appropriations among departments (including a city-wide contingency account), while city council approval is required for any increase in net appropriations.
Project budgets are adopted for capital project funds, and these budgets can span a number of years.
Subsequent council approval is required for approving bids and contracts.
Debt service budgets are established when the debt issuance is authorized by the city council.
Basis of Accounting
Expenditures are controlled at the fund level for all budgeted departments within the city, the level at which expenditures may not legally exceed appropriations. The budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) in accordance with standards established by the Governmental Accounting Standards Board (GASB), California Society of Municipal Finance Officers (CSMFO) and Government Finance Officers Association (GFOA).
The accounting policies of the city conform to generally accepted accounting principles. The accounts of the city are organized on the basis of funds, each of which is considered a separate accounting entity.
Fund accounting segregates funds according to their purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions.
All governmental funds (i.e. General, Special Revenue, Capital Projects and Funds) are accounted for on the modified accrual basis of accounting. Under this method, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period. Revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year-end) are recognized when due. Expenditures are recorded in the accounting period when the liability is incurred. Proprietary funds (i.e. Enterprise and Internal Service Funds) are accounted for using the accrual basis of accounting. Under the accrual basis of accounting, revenues are recognized when earned, while expenses are recognized when they are incurred.
February 2020 marked the kickoff of budget preparation for the mid-cycle update to the original two year adopted budget, with the distribution of a budget package and financial data to help departments begin to prepare their budgets. Departments then submitted proposed budgets based upon existing service levels, proposed new service levels or reductions and program goals.
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This process, overseen by the City Manager’s Office and the Finance Department, as completed in June 2020. The city manager’s recommended budget was presented to council and made available to the public in June 2020.
BUDGET AND FISCAL POLICIES
GENERAL FUND-RELATED BUDGET POLICIES
General Fund Reserve – The General Fund shall maintain an available fund balance of at least 20% of total General Fund budgeted expense for the next fiscal year. This is needed to maintain the city’s creditworthiness and to adequately provide for economic and legislative uncertainties, cash flow needs and contingencies. Any balance accrued in excess of 20% should be used primarily for one-time expenses rather than on-going expenses, to avoid the problem of over-committing on expenses during “good times” only to exacerbate the challenge of cutting back during the inevitable “bad times” to come in future years.
The reserve shall not go below 10%, except during times of revenue shortfalls or in fiscal years where budget and staffing cutbacks are enacted, in which case the minimum balance may be lowered to 7% of total General Fund expense over time. If the General Fund reserves fall below 20%, the city will implement a funding strategy to replenish the balance by using a minimum of one-third of excess revenue or expenses in any given year for this purpose. Additionally the funding strategy implemented should restore the reserve level to 20% within three (3) fiscal years of the shortfall.
General Fund Budget Shortfall - If the total resources as estimated by the Director of Finance are insufficient in a given fiscal year to support the current level of appropriations and minimum 7% reserve, the city manager shall report the financial shortfall to the city council and recommend actions to alleviate that shortfall. The council shall adopt budget amendments that reduce appropriations as necessary. If no council action is forthcoming within 45 days of the city manager’s report, the city manager shall reduce the total amount of General Fund departmental appropriations accordingly on a uniform percentage basis.
Reductions shall be evaluated on a programmatic basis to reach the appropriation levels required within available funding. When budget reductions are necessary, departments prioritize service programs and propose reductions in areas that have the least impact upon services to the community, the overall attainment of city goals and revenues of the General Fund. Departments also shall consider the potential effects on interrelated or cross-departmental programs and related revenues when developing budget reductions.
Contingency Reserves - In the General Fund, the city shall strive to maintain a minimum of $500,000 of its operating budget in budgeted contingency. Contingency should be used to support economic uncertainties, one-time operating cost increases, special studies or reports necessary to fulfill the organization’s mission.
Pursuit of New Revenues/Maximizing Use of Non-General Fund Revenues - City departments shall pursue revenue sources, when reasonable, in support of department goals. Departments will maximize use of non-General Fund revenues prior to using General Fund revenues to fund programs.
OTHER BUDGET POLICIES
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Balanced Budget - The city shall strive with its two year budget to balance resources with expenditure appropriations. The City Council requires the city manager to control expenses so that department expenditures do not exceed the levels that are appropriated in the annual budget and for which the city has funds to support.
Use of “One-Time” Funds - City Council policy states that one-time revenues shall be dedicated for use as one-time expenditures. Annual budgets are not increased to the point that ongoing operating costs become overly reliant on cyclical or one-time revenues sources. During periods of economic downturn or any significant State “take-aways”, the use of one-time sources of funds or reserves may be used to ease the transition to downsized and/or reorganized operations.
Intergovernmental Loan Fund – The primary purpose of the Loan Fund is to advance funds for capital projects to permit earlier construction than would otherwise be possible. Other purposes include covering shortfalls in other funds (including the General Fund), paying for economic development projects that facilitate revenue generating projects, and providing additional reserves for economic uncertainty. Generally, loans shall accrue interest at a rate equal to the city’s rate of return on its pooled investments or as approved by council. The interest rate shall reflect the risk of the project. Funds which can repay loans with interest shall have priority in the use of the Loan Fund. Co Long-Term Financial Planning – Staff shall prepare a five year General Fund forecast on an annual basis.
This long-term perspective is a valuable planning tool: it gives early warning of adverse trends, allows council and staff to craft timely and prudent budget solutions, and avoids the “tunnel-vision” of looking only one year ahead. This five year forecast shall use anticipated and realistic estimates of revenues and provide a discussion of forecast risk and assumptions used as the basis for major revenue and expense items.
Budget Development Principles – The following principles are designed to guide the preparation of staffing and service reductions in future budgets.
A balance between public safety, infrastructure maintenance, and quality of life services is required to ensure a livable community.
Reducing capital project funding to support operating activities sacrifices the community’s long-term interests.
Continuous investment in technology, systems, and equipment is needed to improve organizational efficiency, especially when staffing levels are reduced.
To minimize staff turnover and maintain city productivity, compensation levels should be maintained in line with the labor market, to the extent available resources permit.
Program cost recovery should be maximized, including General Fund indirect costs allocated to other funds, to reduce the need for program reductions.
Additional revenue sources and grants should be sought to augment city resources, provided that local match requirements and maintenance of effort provisions are not unsustainable over time.
Quality economic development with higher-paying jobs should be promoted to expand the city’s revenue base and provide a net resource gain.
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Services/programs that serve few participants should be the focus of reductions, or taken over by a private vendor or non-profit organization.
Reductions should be avoided that could exacerbate liability issues for the City, or have negative long- term consequences.
The budget must provide for accountability, internal controls, and long-term financial stability.
Approval from the city manager or designee is required to transfer General Fund operating budget appropriations between departments. Any amendments to the total level of net appropriations for a fund or transfers between funds must be approved by the city council.
The budget assumes existing service levels and city council approval is required for significant changes.
Significant variances from budgeted General Fund Support/Net City Cost amounts during the fiscal year may result in a recommendation to reduce expenditures to ensure that the budgeted net costs are achieved by fiscal year end.
Department Carryover – To the extent the funds are not needed for the General Fund, departmental carryover funds will be maintained as an incentive for departments to hold down spending and avoid a “use it or lose it” outlook. In fiscal years where General Fund resources are adequate to support it (recurring revenues exceeds total expenses, including transfers out of the General Fund and the General Fund Reserve exceeds 20%), unexpended prior year appropriations shall be carried forward to the budget year to the credit of the respective departments carryover fund. Departmental carryover funds should be used primarily for one-time expenses rather than on-going expenses. During times when the General Fund reserve is projected to be at or below 10%, the Director of Finance may use department carryover funds, as necessary, to support the General Fund.
Midyear Budget Review – The council will formally review the city’s fiscal condition and amend the budget as necessary on an annual basis. The Department of Finance will also post interim financial reports on the finance section of the city’s website.
Budget Awards – The city’s Budget will be submitted on an annual basis to the California Society for Municipal Finance Officers (CSMFO) and the Government Finance Officers Association (GFOA) Operating Budget Awards for Excellence Programs and to CSMFO for its Capital Improvement Plan (CIP) Award program; obtaining distinction provides independent recognition for the quality and presentation of the city’s budget.
CAPITAL MANAGEMENT POLICIES
Capital Projects – Capital project appropriations shall remain in effect until the project is completed or until modified in a subsequently adopted budget. Only funds, not individual capital projects, shall accrue interest. city council approval is required for capital project cost increases in excess of 10% of a project’s current total authorized budget. Given the volatility of development-related revenues, it is recognized capital projects funded from these sources are subject to delays in scheduling if the collection of such revenues falls below projections.
Technology, Vehicle and Equipment Replacement – Sufficient reserves will be maintained for the systematic replacement of technology (including computers, radio, telephone, Internet/website enhancements and video), vehicles, and heavy equipment. Replacement costs will be charged as rent to Packet Page 129 of 490Attachment 2 Page 86 of 165
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departments over the useful life of vehicles and equipment. Replacement decisions will be based on a lifecycle analysis of costs. Internal service rates will be updated annually to ensure charges to departments will be sufficient to pay for the timely replacement of equipment and related maintenance costs. Due to the variability of expense in any given fiscal year, reserves should be maintained at expenses for a two year period.
Facility Maintenance – Revolving funds shall be maintained to allow for the accumulation of funds for pay-as-you-go financing of preventative maintenance and major repairs to city facilities to avoid the costs of deferred maintenance. Facilities covered by these funds include City Hall/Civic Center, parks and recreation facilities, and fire stations.
Vehicle Maintenance – Sufficient reserves will be maintained for the systematic maintenance of the city’s fleet. Due to the potential for expenses to vary in any given fiscal year and the potential for unbudgeted expenses to arise, reserves for public safety vehicles should be maintained at or above 50% of future replacement costs of the vehicles, but not less than $2,000,000.
DEBT MANAGEMENT POLICIES
Debt is incurred for the purpose of financing capital projects cost effectively in those years in which the improvement will provide benefits. Debt is also incurred to reduce future costs such as refinancing at lower interest rates. External financial advisers and bond counsel will be consulted regarding each proposed bond issue. The debt ratio (debt guaranteed by the General Fund) will not exceed the maximum allowed under State law.
Long-Term Debt – Debt financing shall be used primarily for one-time capital expenditures when the project’s useful life meets or exceeds the financing term, and dedicated revenues are adequate to pay debt service. An internal analysis will be conducted for each proposed long-term financing to analyze the impacts of the estimated annual debt service costs on current and future budgets.
Unfunded Liabilities – Any net General Fund revenues available at year-end may be applied by the Director of Finance to meet unfunded liabilities and reserves identified in any actuarial studies, audits, or other analyses, including the city’s liability for compensated leave balances.
Short-Term Debt – Cash flow borrowings (Tax and Revenue Anticipation Notes, capital line-of-credit) are encouraged as good cash management techniques to provide cost-effective initial project funding and/or to realize net investment income.
Credit Ratings and Disclosure – Financing and debt service sufficiency and reliability should be adequate to obtain investment grade credit ratings (Baa/BBB) or greater. Non-rated financing may be used whenever it is cost-effective. City will seek investment grade ratings and/or cost-effective credit enhancements, diligently monitor its compliance with bond covenants, adhere to Federal arbitrage regulations by participating in a comprehensive arbitrage management program, maintaining good communication with bond rating agencies, and practicing full disclosure.
Developer Financing – Assessment district financing may be extended to a developer/builder subject to city’s adopted Assessment District Policy (see Resolution 92-190 and also Mello-Roos District Policy Resolution 96-246, and Economic Development Strategy).
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Maintenance Districts – The financial policies relative to landscape maintenance districts shall be governed by the city’s Maintenance District Policy. Notwithstanding Section 1(I) of Resolution 91- 213B, the total annual General Fund Contribution to landscape maintenance districts shall not exceed $155K for fiscal year 15/16, nor shall the growth rate in the annual amount of said Contribution exceed the rate of the Bay Area Consumer Price Index for fiscal years 16/17 and thereafter.
Pension Obligation Bonds (POBs) – If the General Fund reserve (cash balance excluding departmental carryover) is in excess of 20% of total General Fund expense, the city council may consider using a portion of the excess over 20% to prepay pension obligation bond principal in order to reduce future debt service payments. The city council may also consider establishing interfund loans to retire and reduce future debt service payments on the 2011 POBs, with interest rates ranging from 2.78% to
8.50%.
FINANCIAL MANAGEMENT POLICIES
Cash Management – The Director of Finance shall work with the city treasurer and the city’s investment advisors to invest city funds on a pooled basis in accordance with the City Investment Policy, as well as applicable federal state and local legislation governing the investment of public funds. Funds are invested with the following priority of goals: (1) safety, (2) liquidity, and (3) yield, while meeting the daily cash flow demands of the city. As outlined in the investment policy, interest earnings in operating funds are allocated to specific funds, based upon their proportionate shares of funds invested.
The policy spells out standards of conduct, prohibits investments in derivatives, sets a five-year maximum maturity and recognizes that in changing interest rate environments it may be financially advantageous to sell investments at a book value loss in order to invest in a more profitable security.
The city’s pooled investments are not invested in stock and will not deal in futures or options.
Investment reports are prepared on a monthly basis, and the city’s investment policy is approved bi- annually as part of the budget and is included in the appendix to the budget.
Cost Recovery through Fees - Departments must utilize fees to recover costs where reasonable, once all cost-saving options have been explored. There must be statutory authority for the City to levy a fee, and the fee must be approved by the City Council. If permissible by law, fees and charges shall recover costs of the services provided, unless otherwise directed by the City Council. Programs funded by charges for services, fees, grants, and special revenue sources should pay their full or fair share of all direct and indirect costs to the extent feasible and legally permitted, so that the users of the service bear the costs, rather than the general taxpayer.
Parks and Recreation Fees – Parks and Recreation program fees shall cover at least 33% of overall program costs. Facility fees shall be reviewed on an annual basis, and the city Council shall approve changes in facilities fees. The Director of Parks and Recreation or designee is authorized to establish annually all operational fees at a level not to exceed direct and indirect program costs and reserve needs for those programs, classes and events which are supported in whole or in part by fees, grants, and donations.
Cost Allocation Plan – The city shall maintain and regularly update a cost allocation plan which shall be used to recover indirect costs from other city funds, outside funding sources, maintenance districts and fee-supported programs. Overhead costs shall be allocated based upon an internally developed cost allocation and implementation plan developed annually. The city uses a “Double Step Down” method by Packet Page 131 of 490Attachment 2 Page 88 of 165
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first allocating overhead to all departments, exclusive of unallowable items (i.e. capital expenditures, debt service, and other various costs as defined by the Federal Office of Management and Budget (OMB) then secondarily allocating these costs down only to operating departments. The Cost Allocation schedule is updated every two years.
Growth – To the extent practicable, new development shall pay fees and taxes as necessary to meet all identified costs associated with that development.
Employee Compensation – The city has established an employee compensation plan that is designed to attract and retain highly qualified individuals who are capable of delivering a high level of service in a streamlined organization. The city is committed to providing competitive, market-based compensation as permitted by its finances. As part of this policy, market surveys may be performed and salary ranges may be adjusted based upon these surveys and available financial resources of the city (See Resolution 2000-156 for complete policy). Salary adjustments are periodically provided to employees within their classification survey upon completion of a comprehensive performance appraisal. As part of its employee compensation package, the city offers the following range of benefits (depending on bargaining unit) to its regular full and part-time employees:
• Choice of medical plans (with employer contributions) • Flexible benefits: dependent care, medical spending accounts • Paid holidays and leave
• 457 Deferred Compensation Plan
• Dental coverage
• Life insurance
• Wellness program
• Disability insurance
• Employee Assistance Program
• Vision insurance
• CalPERS Retirement Plan (Classic PERS Employees - 3% @ 50 for Sworn; 2.7 or 2.5% @ 55 for all other employees) (For employees new to PERS – 2.7% @ 55 for Sworn, 2% @ 62 for all other employees)
To obtain additional information regarding the memorandums of understanding for the employee bargaining groups within the city, see the city’s website for more information in the City Manager/ Human Resources section.
Grants – Grant funding will be considered as a means to leverage city funds but will be primarily used for capital or one-time expenses. The City must consider the impact on the General Fund of local match requirements and ongoing commitments to higher service and staffing levels after grant funds run out.
In the event of reduced grant funding, city resources will be substituted only after all program priorities and alternatives are considered during the budget process.
When applying for grants for ongoing programs, as opposed to planning or capital grants, departments must consider funding to be provided for the duration of the program. To the extent legally possible, all grant applications should be based on full costing, including overhead and indirect costs. Unless long- term funding is secure, departments should avoid adding staff to support new grant supported Packet Page 132 of 490Attachment 2 Page 89 of 165
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programs. If it is necessary to add staff, limited term positions should be used. All grants received by the city are to be administered under the guidelines established in the city’s grant management policy.
Inflation – “Consumer Price Index” as used in labor MOUs, budget calculations and fee indexing means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners (CPI- W), as reported by the Bureau of Labor Statistics or successor agency, from the December preceding the budget year over the preceding December, for the San Francisco Bay Area.
Information Technology – Technologies that support city goals, improve organizational efficiency, reduce operating costs or result in improved service shall be emphasized. The policy spells out safeguards to maintain continuity of service, recommends “beta” testing before implementing new technology, promotes use of integrated systems over standalone applications, supports upgrading of current systems with existing vendors where performance is satisfactory and limits in-house development to applications which cannot be cost-effectively purchased from outside vendors. A long- term technology plan and project list is updated periodically and is included as part of the budget, which ensures that computer and telephone assets will be replaced on a cyclical basis according to their useful life.
Park Maintenance – The city does not have adequate financial or personnel resources required to operate and maintain proposed new parks and pay for improved park security. Current maintenance funding levels are inadequate to support the construction of any additional park facilities. To ensure there is adequate funding for park maintenance and park security needs, the following policies shall be followed:
• New residents shall pay for maintenance of new parks to the extent practicable to generate new revenues to offset added costs.
• No new park facilities shall be constructed unless a reliable, on-going funding source to provide for park maintenance and park security are put in place. • New facilities shall be maintained through contract or lease arrangement to the extent practicable to shift the responsibility for costs away from the City and the General Fund.
Personnel Practices – The city manager may propose amendments to the classification plan for adoption by the council during the budget year. The city council shall approve the salaries for all new classifications and any increases to the salaries shown on the current classification plan. The city manager or his or her designee shall have the authority, without separate council approval, to place employees within existing classifications or to move employees from one classification to another and to promote employees to a higher step within existing classifications. The city manager or his or her designee may delete classifications shown on the plan and change job titles of existing classifications.
Self-Insurance Reserves – Reserves will be maintained at a level, together with purchased policies, adequate to indemnify the city for property, liability, workers compensation, and other health and insurance risks. Reserves for liability and workers compensation should be maintained at no less than a 75% confidence level for the expected value of future losses, based on the latest actuarial study for that fund. In the event reserves are below the 50% confidence level, contributions to these reserves should be increased. Actuarial studies shall be performed once every two years. 85 December 2020 Packet Page 133 of 490Attachment 2 Page 90 of 165
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Water Rates – As necessary, water rates shall be adjusted between user classes in accordance with accepted cost of service methodology, to ensure each user class pays only its fair share. Rate increases shall be made based on long-term financial needs of the Water Fund, and shall be sufficient to accomplish the following:
• Recover all direct and indirect costs and maintain two months operating reserves. • Maintain major maintenance reserves sufficient to meet significant emergency repairs to water treatment and distribution facilities such as reservoirs, pump stations, and transmission mains (10% of annual operations expenses).
• Maintain reserves for adverse impact on water revenues due to drought, conservation, or reduced collections (annual goal of 10% of user fee revenue). • Maintain reserve for water line replacement to cover aging infrastructure such as pipelines. • Finance all capital improvement costs on a timely basis, using primarily cash, and bond proceeds to the extent necessary.
• Establish cash reserves to pay for future water supply and entitlements, deferred maintenance needs at Waterman Treatment Plant and the expansion of the North Bay Treatment Plant. • For North Bay maintain reserves in compliance with Joint Powers Agreement.
Meet all minimum bond coverage reserve requirements as mandated by bond indentures (net operating revenue with connection fees to be 125% of annual debt service, and net operating revenue without connection fees to be 100% of annual debt service).
FINANCIAL REPORTING POLICIES
Financial Systems – The city’s accounting and financial reporting systems will be maintained in conformance with all State and Federal laws, generally accepted accounting principles (GAAP) and standards of the Governmental Accounting Standards Board (GASB) and the Government Finance Officers Association (GFOA). Internal controls will be maintained to monitor revenues, expenditures, and program performance on an ongoing basis.
Audit – An annual audit will be performed by an independent public accounting firm, with an audit opinion to be included with the city’s published Comprehensive Annual Financial Report (CAFR). The council will approve the audit annually.
City Council Audit Committee – An audit committee consisting of two council members will meet annually with the external auditor and staff to discuss the scope of the audit, auditor findings and financial results, and report on its work to city council.
Awards Programs – The city’s Comprehensive Annual Financial Report (CAFR) will be submitted to the Government Finance Officers Association (GFOA) Certification of Achievement for Excellence in Financial Reporting Program; gaining this award provides independent recognition for the quality of the city’s financial reporting.
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Appendix C: Organizational Chart
Citizens of Fairfield
City Clerk
Karen L. Rees Mayor -Harry T. Price
and Council
Interim City Manager
David Gassaway
Community Development
David Gassaway
Finance
John Furtado
Fire
Matt Luckenbach
Housing
LaTanna Jones
Human Resources
Farbod Pirouzmand
Information Technology
Savita Chaudhari
Parks and Recreation
Kristina Chamberlin
Police
Deanna Cantrell
Public Works
Paul Kaushal
City Attorney
David Lim
City Treasurer
Arvinda Krishnan
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Appendix D: City Manager’s Employment Contract
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Appendix E: Fairfield Municipal Code, Chapter 2, Article II
Article II. City Manager.
2.4 Office created; appointment; qualifications; term of office.
The office of city manager is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council. (Ord. No. 16 [1952], § 1; Ord. No. 65-3, § 1.)
2.5 Residency requirements; eligibility of councilmen.
Residence in the city at the time of appointment shall not be required as a condition of appointment of the city manager.
No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the city council. (Ord. No. 16 [1952], § 2; Ord. No. 65-3, § 1.)
2.6 Absence or disability.
In case of an approved absence of the city manager, the city manager may designate a city employee to serve as acting city manager, performing the duties of city manager, during his or her absence.
In case of an unapproved absence of the city manager that is not the result of disability or in case of an absence resulting from disability of the city manager, the persons holding the offices designated below, in the order listed, shall assume the duties and obligations of the city manager until such time as the City Council appoints a new or acting/interim city manager. The person holding the offices named below shall only assume the city manager’s duties if the person holding the office above them on the list is unavailable to assume such duties.
The list of offices is as follows:
1. Assistant City Manager.
2. Assistant to the City Manager.
In the event that the persons listed above are not available or cannot assume the duties of the city manager, the City Council shall appoint an acting city manager. (Ord. No. 16 [1952], § 4; Ord. No. 65-3, § 1; Ord. No. 98-7, § 1; Ord. No. 2010-06, § 1.)
2.7 Term of office; removal by city council generally; salary after removal.
The city council shall appoint the city manager for an indefinite term and may remove him by a three- member vote. At least thirty days before such removal shall become effective, the city council shall by a three-member vote of its members adopt a preliminary resolution stating the reason for his removal. By the preliminary resolution the council may suspend the city manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his monthly salary shall continue to be paid for the next calendar month following the month of the adoption of the preliminary resolution.
The city council, in removing the city manager, shall use its uncontrolled discretion and its action shall be final. (Ord. No. 16 [1952], § 5; Ord. No. 65-3, § 1.)
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2.8 Not to be removed ninety days following municipal election.
Notwithstanding the provisions of the chapter, the city manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member to the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the ninety days the provisions of the preceding section as to the removal of the city manager shall apply and be effective. (Ord. No. 16 [1952], § 6; Ord. No. 65-3, § 1.)
2.9 Compensation; travel expenses.
The city manager shall receive such compensation as the city council shall from time to time determine and fix. This compensation shall be a proper charge against such funds of the city that the city council shall designate.
The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made, however, when a verified, itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the city council and duly approved and allowed. (Ord. No. 16 [1952], § 7; Ord. No. 65-3, § 1.)
2.10 Responsibilities and duties.
The city manager shall be the administrative head of the city government under the direction and control of the city council except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the city. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the responsibility for:
(a) Keeping council informed. The city manager shall, at all times, keep the council fully informed of major issues facing the city so as to allow the mayor and councilmembers to fulfill their roles as policymakers and spokespersons for the city. As part of these duties, the city manager shall inform the council of major issues involving the city which will be reported in the press. (b) Enforcement of laws, franchises, etc. To see that all laws and ordinances of the city are duly enforced and that all franchise permits and privileges granted by the city are faithfully observed. (c) To keep the city council at all times fully advised as to the financial conditions and needs of the city.
The city manager shall report every six months, or more frequently as needed, on the financial condition of the city to allow the council to take corrective action if necessary and to insure the financial stability of the city’s fiscal position.
(d) Scope of authority. Supervising, ordering and giving directions to all heads of departments, subordinate officers and employees of the city, except elected officers and their respective staffs. To transfer employees from one department to another and to consolidate or confine offices, positions, departments or units under his direction.
(e) Appointments and removals; exceptions. To appoint and remove any officers and employees of the city except the elected officers (Ord. No. 98-1, § 2.).
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(f) Departments, appointive officers and employees. To supervise all departments of the city government and over all appointive officers and employees thereof, except elective officers and their respective staffs.
(g) Attendance at council meetings. To attend all meeting of the city council unless excused therefrom by the city council, except when his removal is under consideration by the council. (h) Recommending ordinances; etc. To recommend to the city council for adoption such measures and ordinances that are necessary.
(i) Annual budget. To prepare and submit to the city council the annual budget. (j) Annual reports, finances and activities. To prepare and to submit to the city council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year, such financial report not to be confused with city clerk’s report to state controller. (k) Purchase supplies. To purchase or cause to be purchased all supplies for all the departments or division of the city.
(l) Investigation of city affairs, contracts and obligations. To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligations of the city. The city council will receive prompt notification of the results of any such investigation affecting the operations of the City which are not required to be kept confidential. (m) Investigating complaints, franchises, permits and privileges. To investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed.
(n) Supervision of public buildings, parks, etc. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council. (o) Devoting time to duties. Except as authorized by the city council, to devote his entire time to the duties of his office and the interest of the city. (Ord. No. 83-10, § 1.) (p) Providing leadership for civic movements. To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the city council. (q) Supervision of departments; special counsel. To supervise in general the operations of all departments of the city, securing special counsel as required. (r) Capacity as personnel director. To act as personnel director until the council shall establish a separate office therefor.
(s) Superseded by Ordinance No. 75-22.
(t) Additional delegated duties and responsibilities. To perform such other duties and exercise such other responsibilities as may be delegated to him from time to time by ordinance or resolution of the city council. (Ord. No. 16 [1952], § 8; Ord. No. 65-3, § 1; Ord. No. 75-22; Ord. No. 83-10, § 1.)(Ord. No. 96-5, § 1.)
2.11 Council to interact with administrative employees through city manager.
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The city council and its members shall interact with the administrative employees through the city manager, except for the purpose of inquiry and neither the city council nor any members thereof shall give orders to any subordinates of the city manager. (Ord. No. 96-5, § 2.)
2.12 Council to assist in advisory capacity.
It shall be the responsibility of the city council and its members to aid and assist in an advisory capacity, any department head, individually or collectively on any phase of policy or public relations. The council will have the option to discuss and determine the effectiveness of these relationships with the city manager on an annual basis. (Ord. No. 96-5, § 3.)
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Appendix F. City Attorney’s Employment Contract
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Appendix G: Resources for Individuals Experiencing Homelessness
Shelter and Housing
Bay Area Rescue Mission
200 Macdonald Ave. Richmond, Ca
(510)215-4868 (Men)
(510)215-4860 (Women & Children)
Christian Help Center
2166 Sacramento St. Vallejo, Ca
(707)553-8192
Change And New Beginnings (CAN-B)
416 Union Ave. Fairfield, Ca
(707)427-1148
My Friend’s House
Vacaville, Ca
(707)685-9753
Opportunity House
267 Bennett Hill Ct. Vacaville, Ca
(707)447-1988
Princess Transitional House
48 Terry Ct. Suisun City, Ca (Women)
Robin Weidman: (707) 207-5148
Resource Connect Solano
1234 Empire St. 2nd Floor Fairfield, Ca
908 Tuolumne St. Vallejo, Ca
(707)652-7311
The New Man Clean & Sober Living
2809 Marigold Dr. Fairfield, Ca
Douglas Mccoy: (510) 708-4350
Mental Health and Substance Abuse
Bay Area Community Services
236 Georgia St. Vallejo, Ca
(707)654-8875
First Christian Church Celebrate Recovery
199 Marina Blvd. Suisun City, Ca
(707)428-4284 (707) 344-3054
House Of Acts
627 Grant St. Vallejo, Ca
(707)553-1042
MedMark
1143 Missouri St. Fairfield, Ca
(707)435-9911
National Alliance On Mental Illness
1225 Travis Blvd. Suite #E, Fairfield, Ca
(707)438-9510
Solano County Mental Services
2101 Courage Dr. Fairfield, Ca
Access Line: (800) 547-0495 (707) 428-1131
Stepping Stone Sober Living
833 1st St. Benicia, Ca
Sharon: (707) 731-4457 Rachel: (707) 334-1220
Veteran Services
Change And New Beginning (CAN-B)
416 Union Ave. Fairfield, Ca
(707) 427-1148
Berkeley Food And Housing
301 Georgia St. Vallejo, Ca
(707) 654-8400
Shelter Solano
310 Beck Ave. Fairfield, Ca
(707) 425-3663
US Military Veteran Resource Center
1055 Azuar Dr. Vallejo, Ca
(707) 373-9287
Veteran Resource Centers Of America
2900 Sonoma Blvd.
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Food and Meals
Change And New Beginnings (CAN-B)
416 Union Ave. Fairfield, Ca
(707)427-1148
Dover Academy
301 E. Alaska Ave. Fairfield, Ca
1st and 3rd Friday 4:00 PM - 5:00 PM
(707)435-3794
Family Resource Center at Cleo Gordon
Elementary
1950 Dover Ave. Fairfield, Ca
1st & 3rd Friday 2:00 PM - 3:00 PM
(707)421-4125
Mission Samoa
1200 Western St. Fairfield, Ca
(707)399-9209
Salvation Army
1200 Missouri Ave. Fairfield, Ca
Mon. & Wed. 9 AM - 12:00 PM / 1:00 PM - 3:00
PM
(707)439-7880
586 E. Wigeon Way Suisun City, Ca
1st & 3rd Friday 12:00 PM - 1:00 PM
(707)439-7880
630 Tuolumne St. Vallejo, Ca
Tues. & Thurs. 9:00 AM - 12:00 PM
Thurs. 1:00 PM - 3:00 PM
WIC Fairfield
2101 Courage Dr. Fairfield, Ca
2nd & 4th Thurs. 2:00 PM - 3:00 PM
(707)784-2200
Rental Assistance
Fairfield Housing Authority
823 Jefferson St. Suite #B Fairfield, Ca
(707) 428-7392
Other Services
Solano County Health & Social Services
275 Beck Ave. Fairfield, Ca
(707) 784-8050
(800) 400-6001
Solano Workforce Development Board
500 Chadbourne Rd. Fairfield, Ca
(707) 863-3500
Solano County Accessible Resources for the
Community’s Homeless (ARCH)
(707) 580-5864
City of Fairfield Contacts
Coordinator Dawkins-Padigela:
Officer Aldredge:
Officer Neal:
Officer Sanchez:
(707) 372-1611
(707) 580-1026
(707) 580-0028
(707) 580-2809
Officer Whipple:
Cso Vinatieri:
Sgt. Timm:
Program Questions:
(707) 580-8216
(707) 718-3256
(707) 249-0402
[email protected]
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Appendix H: City Council Goals for FY 2022-23
City Vision:
Fairfield is a vibrant, safe, clean, affordable, and diverse community with robust commerce, thriving businesses, and has transitioned from being a bedroom community to a destination.
City Mission:
To foster a sense of pride in the community, improve the lives of our residents, and deliver dependable essential services through, integrity, professionalism, and fiscal responsibility.
We Value:
• Communication
• Diversity
• Inclusion
• Innovation
• Transparency
Council Priorities:
Homelessness Goal: Reduce homelessness and the impacts of homelessness Quality of Life Goal: Elevate Fairfield as the place to live, work, and play Downtown Development Goal: Create an economically vibrant and safe downtown with equal access to all
Housing Goal: Provide housing diversity affordable and accessible to all Organizational Excellence Goal: Become a leader in local government best practices Community Engagement Goal: Increase diversity of opportunity to engage the Fairfield community
Homelessness
Goal: Reduce homelessness and the impacts of homelessness
Strategy 1 – Strengthen Regional Capacity
A. Expand CAP Solano and the 2x2 Regional Committee - In Process B. Create regional navigation center - In Process
C. Coordinate regional approach for navigation and outreach - New D. Create regional registry of resources to assist those who need services - New
Strategy 2 – Enhance Services and Local Partnerships
A. Create pallet shelter - In Process
B. Prevent non-Fairfield residents from being stuck here after jail release - New/In Process
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C. Create mobile crisis intervention - New
D. Partner with County behavioral health - New
Strategy 3 – Improve Public Policy and Community Engagement A. Create homelessness data system to share performance metrics - New B. Support State efforts to develop CARE Courts - New C. Increase education to the community on City efforts and services - New
Quality of Life
Goal: Elevate Fairfield as the place to live, work, and play
Strategy 1 – Crime Reduction
A. Add more Flock Cameras to City systems - In Process B. Implement Compstat 360 - In Process
C. Enhance outreach through Community Action Team - New D. Bolster Neighborhood Watch & add events like National Night Out - New
Strategy 2 – Infrastructure and Beautification
A. Undertake Facility and Park Master Plan to identify needs/gaps - In Process B. Develop new CIP and be deliberate about infrastructure improvements - New C. Enhance HEART efforts and host community cleanups - New/In Process
D. Improve/upgrade roads, utilities, and transit service - In Process
Strategy 3 – Programs, Services, and Events
A. Update CDBG Consolidated Plan - In Process
B. Develop more youth services and programming - New C. Increase programming in parks to support neighborhoods - New D. Conduct community needs assessment for recreation programming - New
Strategy 4 – Economic Development
A. Rebrand the image of Fairfield for business attraction - In Process B. Attract new retail establishments for underserved areas - New C. Build partnerships with Suisun Valley Vintners to grow agritourism - New
Downtown Development
Goal: Create an economically vibrant and safe downtown with equal access to all
Strategy 1 – Increase Residential Housing
A. Develop 1600 Woolner Avenue - In Process
B. Develop former Sem Yeto school site - In Process C. Reduce fees for new development - New
D. Create parking enforcement program to support neighborhoods - New
Strategy 2 – Improve Infrastructure
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B. Improve walkability through streetscapes and new sidewalks - New/In Process
C. Continue utility upgrades and undergrounding to support development - In Process D. Improve bollards with art and reflectivity for safety - New
Strategy 3 – Commercial Development
A. Assist existing businesses and attract new businesses - In Process B. Reduce barriers to new commercial development (ministerial approval) - New C. Enhance incentive package for targeted development/businesses - New D. Recruit new development and anchor businesses - In Process
Strategy 4 – Placemaking and Activation
A. Activate downtown through programming (famers market, events, etc.) - In Process B. Advance branding campaign to change perceptions of downtown - In Process C. Add more public art and art-based programming - New/In Process
Housing
Goal: Provide housing diversity affordable and accessible to all
Strategy 1 – Implement Plan for Affordable Housing
A. Achieve Pro-Housing designation from State HCD - In Process B. Enhance funding mechanisms from Feds, State, and local - In Process C. Create first time homebuyer program - New
D. Develop new tools (development/lending guidelines & ADU program) - New
Strategy 2 – Plan for Needed Housing Mix
A. Adopt General Plan that accounts for all housing needs - In Process B. Reinstate homeowner rehabilitation loan program - New/In Process
C. Identify housing needs to support Travis AFB - New D. Implement Crime Prevention Through Environmental Design (CPTED) - New E. Seek out opportunities for adding transitional housing for homeless - New
Organizational Excellence
Goal: Become a Leader in Local Government Best Practices
Strategy 1 – Retain, Recruit, and Develop and Empowered, Engaged, and Diverse Workforce A. Undertake comprehensive employee engagement program/strategy - In Process B. Develop leadership/supervisory training/academy - New C. Create formal succession and promotion plan to train needed skills - New D. Enhance employee accountability, empowerment, and transparency - New
Strategy 2 – Develop Strong and Effective Systems and Processes
A. Digital Strategic Plan - In Process
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C. Create disaster recovery and continuity of services plan - New D. Develop uniform department-based policies and procedure manuals - New E. Consolidate citywide purchasing and service contracts for efficiency - New
Strategy 3 – Enhance the Customer Experience
A. Implement use of tech (ERP/LMS) to improve customer access - In Process B. Improve transparency of data and information – share info better - New C. Geographic Information Services Master Plan - New D. Continue technology hardware and software replacements / upgrades – In Process E. Create and share new vision, mission, values, and goals - New
Strategy 4 – Ensure Fiscal Sustainability
A. Assess areas of departmental overlap to identify cost saving strategies - New B. Review reserve funds and policies to address un/underfunded liabilities - New C. Implement updated internal service fund and cost allocation plans - In Process D. Support Travis AFB for continuing success - In Process
Community Engagement
Goal: Increase Diversity of Opportunity to Engage Fairfield Community
Strategy 1 – Improve Transparency and Info Sharing
A. Utilize community surveys including satisfaction and priorities - New B. Create more opportunities for two-way communication - New C. Develop robust annual report that covers major accomplishments - New D. Reinvent budget document to be more programmatic based - New
Strategy 2 – Provide Opportunities for Community Dialogue A. Create more opportunities for two-way communication - In Process B. Increase staff participation in community events - New C. Establish/enhance community forums - New/In
Process
D. Enhance/support connection to Travis AFB community - New
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Appendix I: Chapter Six of the Fairfield Municipal Code
DISASTERS AND EMERGENCIES
6.1 Purposes of chapter.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. No. 71-39, § 1, Ord. No. 2005-22, § 1.)
6.2 "Emergency" defined.
As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, terrorism, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. No. 71-39. § 2, Ord. No. 2005-22, § 2.)
6.3 Disaster council Created; membership.
The disaster council is hereby created and shall consist of the following:
a) The mayor, who shall be chairperson. If the mayor is not available, then the vice-mayor shall be the chairperson.
b) The director of emergency services (city manager or his; her designee), who shall be vice chairperson. c) The assistant director of emergency services (assistant city manager or his; her designee). d) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter. (Ord. No. 71-39, § 3, Ord. 2005-22, §3.)
6.4 Same Powers and duties.
It shall be the duty of the disaster council, and it is hereby empowered, to ensure the development and recommend the adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
The disaster council shall meet upon call of the chairperson or, in his/her absence from the city or inability to call such meeting, upon call of the vice chairperson. (Ord. No. 71-39, § 4, Ord. 2005-22, § 4.)
6.5 Director and assistant director of emergency services Offices created. (a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.
(b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director. (Ord. No. 71-39, § 5, Ord. 2005-22, § 5.)
6.6 Same Powers and duties.
(a) The director of emergency services is hereby empowered to:
(1) Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days if in session thereafter or the proclamation shall have no further force or effect.
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(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter.
(4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the governor or the director of the state office of emergency services or the existence of a "state of war emergency," the director is hereby empowered:
a. To obtain, contract or commandeer, vital supplies, equipment and such other properties found lacking and needed for the protection of life and property. The City shall reimburse the providers of these vital supplies, equipment, and property at their fair market value. b. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency," in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers. c. To requisition necessary personnel or material of any city department or agency. d. To execute all of his ordinary power as city manager, all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her by any statute, by any agreement approved by the city council and by any other lawful authority. (b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. (c) The assistant director shall, under the supervision of the director and with the assistance of emergency service personnel, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. No. 71-39, § 6, Ord. No. 2005-22, § 6.)
6.7 Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency (e.g. Red Cross), and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section 6.6(a), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. No. 71-39, § 7, Ord. No. 2005-22, § 7.)
6.8 Emergency plan.
The disaster council shall ensure that staff develops and maintains the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. No. 71-39, § 8, Ord. 2005-22, § 8.)
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6.9 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. No. 71-39, § 9.)
6.10 Prohibited acts.
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him/her by virtue of this chapter.
(b) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city or to prevent, hinder or delay the defense or protection thereof. (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state, county or local government. (Ord. No. 71-39, § 10, Ord. 2005-22, § 10.)
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Appendix J: Cal Cities Summary of the Brown Act
The following overview is from the Cal Cities publication Essential Hour: Your First Public Meeting – Brown Act Basics, published November 5, 2021. This publication is available online at https://bit.ly/39CHOKN . Cal Cities has also published a fuller overview of the Brown Act, Open & Public V, A guide to the Ralph M Brown Act, which is also available online at https://bit.ly/3N87mx4 .
Essential Hour: Your First Public Meeting - Brown Act Basics Introduction
The Ralph M. Brown Act (Brown Act) (codified at Govt C §54950 et seq.) requires meetings of “legislative bodies” of local agencies to be open and public. The Brown Act also has a constitutional component. In 2004, the California Constitution was amended to recognize “[t]he people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” In 2014, the California Constitution was again amended to require all local agencies to comply with the Brown Act.
What Is a Legislative Body?
The term “legislative body” under the Act includes the following:
• The governing body of a local agency (including those of charter and general law cities) or any other local body created by state or federal statute.
• Any permanent or temporary advisory or decision-making commission, committee, board, or other body created by charter, ordinance, resolution, or formal action of a legislative body. • Standing committees, regardless of their composition, that have either o Continuing subject matter jurisdiction; or
o A meeting schedule fixed by charter, ordinance, resolution, or other formal action of the legislative body.
What is not a Legislative Body?
The term “legislative body” excludes less-than-a-quorum advisory committees composed solely of members of the legislative body, provided they are not standing committees that have continuing subject matter jurisdiction or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. These types of committees are commonly referred to as “ad hoc” committees. To be an ad hoc committee exempt from the Brown Act, the body should have a defined task and be of limited duration.
What Constitutes a Covered Meeting?
A meeting is any congregation of a majority of the members of a legislative body at the same time and location (including permitted teleconference locations) to hear, discuss, deliberate or take action on any item that is within the subject matter jurisdiction of the legislative body.
Even though that definition has a physical focus—a congregation of a majority at the same time and place—the Brown Act also prohibits a majority of the members of a legislative body, outside an open and noticed meeting, from using a series of communications of any kind, directly or through Packet Page 172 of 490Attachment 2 Page 129 of 165
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intermediaries, to discuss, deliberate, or take any action on any item of business within the subject matter jurisdiction of the legislative body.
Are there Exemptions to the Brown Act?
1. “Individual Contacts”
Individual contacts or conversations between a member of a legislative body and any other person are permitted, as long as the communications do not result in a serial meeting.10 Thus, it is clear that a citizen may lobby, one by one, a majority of the members of a legislative body.
Further, substantive staff briefings are permitted to answer questions and provide information to individual members of a legislative body if staff does not serve as an intermediary and communicate to members of the body the comments or positions of other members.
PRACTICE TIP: The due-process-based restrictions on ex parte contacts during consideration of quasi-judicial matters exist independently of the Brown Act and may restrict individual contacts on such matters.12 Many cities have policies or practices that require members of legislative bodies to either avoid ex parte contacts entirely or disclose ex parte contacts with applicants or members of the public before participating in quasi-judicial matters.
2. Conferences and Seminars
Attendance of a majority of the members of a legislative body at a conference or similar gathering is not a meeting subject to the Brown Act if the gathering a. Is open to the public;
b. Involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body; and
c. A majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the local agency.
3. Open Community Meetings
The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency is not a meeting governed by the Brown Act. The exemption applies as long as a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body.
4. Meetings of Other Legislative Bodies
The attendance of a majority of the members of a legislative body at an open and noticed meeting of another legislative body of the local agency, or of another local agency, does not become a meeting of the first legislative body. This exemption allows, for example, a majority of a city council to attend a meeting of that city’s (or another city’s) planning commission. The exemption applies as long as a majority of members of the first legislative body do not discuss among themselves business of a specific nature that is within their subject matter jurisdiction, other than as part of the scheduled meeting of the second legislative body.
5. Social or Ceremonial Gatherings
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governed by the Brown Act. The exemption applies as long as a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body.
6. Meetings of Standing Committees
The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body is not a meeting of the legislative body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. The phrase “only as observers” means the attending members may be physically present at the committee meeting but may not ask questions, make statements, or sit in their usual places on the dais.
Are “Serial” or “Seriatim” Meetings Covered by the Brown Act? A congregation of a majority of the members of a legislative body outside a properly noticed and duly convened meeting during which they discuss, deliberate, or take action on a matter within their subject matter jurisdiction is prohibited.
The Brown Act also prohibits use of a series of communications, of any kind, among a majority of members of a legislative body, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. These are commonly referred to as serial or seriatim meetings.20 Unlawful seriatim meetings can occur through:
• In-person contacts among a majority of members of a legislative body; • Technological contacts (such as fax, email, text message, telephone, or social media) among a majority; or
• Contacts with a majority through staff members or others acting on behalf of the body or one of its members.
However, the ban on seriatim meetings does not prevent a staff member from engaging in separate conversations or communications, outside of a meeting, with members of a legislative body to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if the staff member does not communicate to members of the legislative body the comments or position of any other member of the legislative body.
How Does the Brown Act Apply to Social Media?
Members of a legislative body may use certain internet-based social media platforms to answer questions from the public, provide information to the public, or solicit information from the public regarding a matter within the legislative body’s subject matter jurisdiction.23 The platform must be “open and accessible to the public,” which means that “members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.” However, a majority of the members of the legislative body may not use any social media platform to “discuss among themselves” official business. In the context of social media, “discuss among themselves” means “communications made, posted, or shared on an internet-based platform between Packet Page 174 of 490Attachment 2 Page 131 of 165
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members of a legislative body, including comments or use of digital icons [i.e., emojis] that express reactions to communications made by other members of the legislative body.” A single contact between two public officials (less than a quorum) normally would not constitute a prohibited serial meeting. However, on social media, a member of a legislative body may not “respond directly” to any communication relating to a matter within the subject matter jurisdiction of that agency that is made, posted, or shared by any other member of the legislative body.
PRACTICE TIP Members of the same legislative body should be advised not to comment on each other’s posts.
What Are the Noticing Requirements for Meetings?
4. Regular Meetings
Each legislative body except advisory committees and standing committees must take formal action to establish a time and place for holding regular meetings. Meetings of advisory committees or standing committees for which an agenda is posted 72 hours in advance of the meeting are considered to be regular meetings for all purposes under the Brown Act, even if the committee does not have a regular meeting schedule.
Regular meeting agendas must be posted at least 72 hours before the meeting in a location that is freely accessible to the public. Agendas must also be posted on the local agency’s website, if it has one, 72 hours before the meeting.
5. Special Meetings
A special meeting may be called by the presiding officer of the legislative body (in the case of a city council, the mayor or mayor pro tem) or by a majority of the members of the legislative body, by proper delivery of required written notice and, in certain circumstances, posting on the local agency’s website.
At least 24 hours before a special meeting, a notice that contains the time and place for the meeting, with a statement of the business to be transacted and an opportunity for the public to address the legislative body on that item, must be posted in a location freely accessible to the public. The notice must be delivered personally or by any other means to all members of the legislative body (unless waived in writing before the meeting) and to any newspaper, radio, or television station that has requested notice in writing, and received at least 24 hours before the time of the meeting. In addition, the special meeting notice must be posted on the local agency’s website, if one exists, at least 24 hours before the meeting.
6. Emergency Meetings
Emergency meetings may be called in “emergency situations.” An “emergency situation” exists when a majority of the members of the legislative body determines a “work stoppage, crippling activity, or other activity” severely impairs the public health or safety, or a “crippling disaster, mass destruction, terrorist act, or threatened terrorist activity” poses imminent and significant peril, endangering the public health or safety. Notice of an emergency meeting is required, but may be waived in certain instances.
7. Teleconference Meetings (Traditional)
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apply. “Teleconference” is defined as “a meeting of the legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.” The agenda must specify each teleconferencing location and must be posted at each teleconference location. Teleconference meetings must also comply with all of the following requirements:
a. The meeting must comply in all other respects with the Brown Act and is in all respects the same as a meeting where the members are all physically present in one location; b. All votes taken during a teleconferenced meeting must be by roll call; c. At least a quorum of the members of the legislative body must participate from within the territory over which the local agency exercises jurisdiction; and d. Each teleconference location must be accessible to the public and the public (including the disabled) must have the same rights to address the body as if physically present.
8. AB 361 Remote Meeting Emergency Authorization
AB 361 is an urgency bill effective October 1, 2021 and expiring on January 1, 2024. The bill extends the teleconference procedures previously authorized by Executive Order N-29-20 to address the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill. AB 361 applies to meetings during a proclaimed state of emergency and when state or local officials have imposed or recommended measures to promote social distancing. (“State of emergency” is defined as a state of emergency declared by the Governor under Government Code Section 8625.) It also applies to other states of emergency proclaimed by the Governor where holding in person meetings would “present imminent risks to the health or safety of attendees.” The legislative body must make an initial finding that meeting in person would "present an imminent risk to the health or safety of attendees".
AB 361 requires several procedural safeguards, such as giving the public the ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, and requiring the agency to stop the meeting if call-in or internet-based option fails. Public members must be given a reasonable time to register to provide public comment, comments may not be required to be submitted in advance, pre- registrations (except as required by call-in or internet platform) are prohibited and agencies that provide a timed public comment period shall not close the public comment period until that timed period has expired. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter.
What Is Required on the Agenda?
1. Agenda Descriptions
The agenda must specify the time and location of the meeting and provide a “brief general description” of each item of business to be transacted or discussed.37 It must also provide an opportunity for the public to address the legislative body on any item of interest to the public within the subject matter jurisdiction of the legislative body, before or during the time the legislative body considers the item. The agenda must designate and provide the address of a location where members of the public may inspect the agenda and any associated writings, such Packet Page 176 of 490Attachment 2 Page 133 of 165
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as staff reports, and where documents delivered after the posting of the agenda may be obtained. The agenda must also contain information on how a person may request a disability accommodation to participate in a meeting.
Agenda item descriptions “generally” need not exceed 20 words in length. However, agenda descriptions should give enough information to permit a person to make an informed decision about whether they want to attend or participate in a discussion on an issue.
2. Items Not on the Agenda
Subject to certain exceptions, no action or discussion may occur on any item not appearing on the posted agenda. Limited questions, requests, and responses on matters not appearing on the posted agenda are allowed as follows:
a. Brief responses by members of the legislative body and staff to statements or questions posed by the public;
b. Questions for clarification;
c. References to staff or other resources for factual information; d. Requests to staff to report back on an issue at a subsequent meeting; e. Requests or actions to agendize a matter of business for some future meeting; and f. Brief announcements by members of the body or staff and brief reports on their activities.
3. Closed Session Items
The Brown Act permits legislative bodies to meet privately for very limited purposes such as litigation, labor negotiations, real property negotiations and performance evaluations of direct hires. These “closed sessions” must be agendized in the same manner as regular and special meetings.
After any closed session, the legislative body must reconvene in open session and make a public report of specified actions and the vote or abstention of every member present.
Disclosure of confidential information acquired at a closed session is prohibited, unless the legislative body authorizes disclosure.
Does the Public Have a Right to Comment?
Members of the public have a right to address the city council or other legislative body at regular and special meetings. Agendas for regular meetings must provide an opportunity for the public to address the council on any item of interest to the public within the subject matter jurisdiction of the council, before or during the time the council considers the item. Special meeting agendas must provide the public an opportunity to address the council concerning only those items addressed in the notice of special meeting before or during consideration of such item.
A legislative body may limit public comment to matters that serve the purpose for which the council holds meetings.
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Members of the public cannot be required to provide their name, address, or other information as a condition to participating in a meeting.
Any person may record a meeting by audio or videotape, or by still or motion picture camera, unless the legislative body makes a reasonable finding the recording cannot continue because noise, illumination, or disruption of a view constitutes or would constitute persistent disruption of the proceedings.
What Are the Remedies for Violating the Brown Act?
1. Criminal Prosecution of Member of the Legislative Body A member who attends a meeting of their legislative body when a violation of the Brown Act occurs is guilty of a misdemeanor if the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under the Brown Act.
2. Civil Actions
Most actions taken in violation of the Brown Act are voidable. The district attorney or any interested person may commence an action by mandamus or injunction to obtain a judicial determination that an action taken in violation of specified sections is null and void. The party who alleges a violation must make a written demand to the legislative body to cure or correct the violation within 90 days from the date the action was taken, unless the action was taken in an open session but in violation of §54954.2 (regular meeting agenda posting requirement), in which case the written demand must be made within 30 days from the date the action was taken. The legislative body may still cure or correct the defect and have the action dismissed with prejudice. One common approach to cure and correct a challenged action, is for a city council to consider the challenged action in a subsequent, duly agendized open-session meeting.
The district attorney or any interested person may also bring a civil action to ascertain the applicability of the Brown Act to past, ongoing, or threatened actions of a legislative body and to obtain injunctive relief to enjoin future violations.
3. Costs and Attorney Fees Awarded Unless Unjust
A court may award a plaintiff court costs and reasonable attorney fees in an action brought under Govt C §54960, §54960.1, or §54960.2 when it finds a violation of the Brown Act. The court has discretion to deny fees only if the defendant shows special circumstances exist that would make such an award unjust.
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Appendix K: Council’s Code of Conduct
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Appendix L: City of Fairfield Code of Conduct
City of Fairfield Administrative Policy
Chapter 100 – Administration
Section 4 – Code of Ethics for City Employees
Purpose
To establish a uniform Code of Ethics policy for all City employees.
Declaration of Policy
The proper operation of municipal government requires that 1) public employees be independent, impartial and responsible to the people; 2) that government decisions and policy be made in the proper channels of the government structure.
Responsibilities of Public Service
Public employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out the laws of the nation, state and municipality.
Public employees’ conduct in both official and private affairs should be above reproach. Employees are bound to discharge faithfully the duties of their offices regardless of personal consideration. Public interest must be their primary concern.
Fair and Equal Treatment
In dealing with the public the guiding principle should be to provide courteous and fair treatment.
Because of the wide variety of citizens, each request must be evaluated on their own merit.
No employee shall disclose confidential information concerning the property, government or affairs of the City.
No employee shall use confidential information to advance the financial or other private interest of himself/herself or others.
Conflict of Interest
No employee shall engage in any business or transaction or shall have a financial or personal interest, direct or indirect, which would tend to impair his/her independence or judgment or action in the performance of his/her official duties.
Employees of the City of Fairfield shall comply with the applicable provisions of State Law relative to conflicts of interest and generally regulating the conduct of public officials and employees, including the completion of conflict of interest statements.
Gratuity Policy
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The City of Fairfield states that employees shall not accept any gift, present, reward or gratuity by reason of their employment. Should you encounter a situation which could tend to compromise this policy, you should courteously decline such an offer or consult your supervisor.
In the event perishable gifts are received and are unable to be returned, supervisors may wish to contact Community Resources Department on the first floor of City Hall. The Community Resources Department staff will arrange for such gifts to be donated to appropriate programs operated by the City of Fairfield.
Use of Public Property
No employee shall request or permit the use of City-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available for the public generally or are provided as municipal policy for the use of such employee in the conduct of official business.
Moonlighting and Other Business Activity
Employees considering a second job or outside activity must have prior approval from his or her supervisor to determine whether or not the outside employment or activity has a potential conflict of interest with the employee’s duties, the objective of the department, or the City. The final determination will be rendered by the employee’s department head and City Manager. Outside activity and business activity applies to any duties, services or functions performed by a City employee for compensation or other personal gain. Excluded are any duties, acts, services, or functions performed by a City employee without compensation or other personal gain from a non-profit organization.
Employees may appeal their department head’s decision to the City Manager’s representative within ten (10) working days from the date of the department head’s decision. The City Manager’s decision is final.
Permission for moonlighting may be revoked when it is determined that the activity has negatively affected the employees work performance.
Employees who are on sick leave may not work at a secondary job. Employees who are off work due to a work related injury but have been provided work restrictions that their secondary job can accommodate, must report the additional income to the City.
Political Activity
As American citizens, employees have the right to belong to a political party, to sign petitions, to attend political meetings, to express opinions, and to vote. The laws and regulations, however, do not allow employees to participate in any political activity during working hours or allow employees to engage in political activities in workplace areas not usually open to the public. Per Resolution 89-298, workplace areas include Fire Stations, Senior Center, City Hall Complex (with exception of Community Center meeting rooms and Council Chambers); City Hall lobby and other entrance areas. No Police officer, Firefighter, or employee may participate in political activities of any kind while in uniform.
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Appendix M: E-Mail Use Policy
City of Fairfield Administrative Policy
Chapter 100 – Administration
Section 17 – E-Mail Use
Purpose
The City of Fairfield (City) provides electronic mail (e-mail) services to City employees to assist them in performing their duties for the City. Each employee has a responsibility to use e-mail in a manner that increases productivity, enhances service to citizens, and is respectful of the rights of others. Failure to follow this policy may lead to disciplinary measures, up to and including termination of employment.
This policy establishes regulations governing City employees in their use of the electronic mail computer resources. The purpose of this policy is to define and outline acceptable use of e-mail resources within the City. Under limited and special circumstances, volunteers and contractors may be granted permission to use the City’s e-mail services for the purpose of furthering City business. When permitted use of the City’s e-mail system, this policy will also apply to volunteers and contractors even though they are not employees of the City.
Use
The City requires responsible use of e-mail. A City employee who is an e-mail user has an accompanying responsibility of prudent use. This e-mail policy is in place to protect both the user and the City and requires all employees to comply with the following provisions:
• Use e-mail in a responsible and informed way, conforming to network etiquette, customs, courtesies, and any or all applicable laws or regulations. • As with all technology resources, all copyright restrictions/regulations must be observed.
Employees shall not use e-mail to copy, retrieve, forward or send copyrighted materials unless the employee has the author’s permission or is accessing a single copy for the employee’s reference.
• Employees shall be aware that their conduct or information they publish could reflect on the reputation of the City. Therefore, professionalism in all communications is of the utmost importance.
• Electronic communications sent from the City and retained for reference or otherwise retained in the ordinary course of City business should be considered the same as if they were regular correspondence sent out on City letterhead and as such are governed by the Public Records Act.
Even records that do not appear to be disclosable public records may subsequently be determined to be disclosable or may be disclosable pursuant to subpoena or through discovery in litigation. There is no reasonable expectation of privacy in electronic communications using City resources and employees should always be conscious of the possibility of monitoring, review or disclosure of such communications.
• Users should be aware that e-mail messages are not confidential. The inclusion of sensitive or personal information is strongly discouraged.
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• E-mail messages are much like paper memos or faxes with regard to privacy and security. When it has left the sender, he/she relinquishes domain over it and the recipient(s) have control. With electronic information, there are two additional dangers:
o Changes may be made without it being apparent to the next person. o It is extremely easy to forward it to others for whom it may not have been intended. • The e-mail system, including storage space, is a City asset which all employees are responsible for preserving. Because messages require storage space and take time to read, consideration should be given to whom they are sent. The objective is to freely share information appropriately. As a receiver of unwanted messages, individual users are encouraged to notify the sender to remove them from the sender’s distribution list.
Monitoring
The City has the right to monitor and audit all aspects of e-mail use, including, but not limited to the amount of time spent using e-mail services, the material downloaded or uploaded, and reviewing messages sent and received. Audits of software and data stored on the City’s computer and telecommunications equipment may be conducted at any time by the City without advance warning.
Privacy
E-mail is subject to all policies regarding acceptable/unacceptable uses and the user should not consider e-mail to be either private or secure. E-mail and attachments that are to be redistributed to other City staff must also comply with City downloading guidelines.
Individuals are cautioned regarding the disclosure of their e-mail address except for City business. Even responding to unsolicited messages may inadvertently disclose your e-mail address. These actions generate junk e-mail and may expose the City to liability or unwanted attention. When access requires providing an e-mail address for City-related business, individuals are cautioned to use good judgment.
Users shall take care when transmitting e-mail messages to avoid sending information or stating a position that might be mistaken as the position of the City. The City strongly encourages individuals who wish to use e-mail for non-work-related activities to acquire their own personal e-mail accounts.
Although the City does not wish to examine personal information of its employees, on occasion, the City may need to access its computer and telecommunications equipment, including data, computer files and e-mail messages. Individuals should understand, therefore, that they have no right of privacy with respect to any messages or information created, collected, transmitted, received or maintained on the City’s computer and telecommunications equipment. The City may, at its discretion, inspect all files or messages on its computer and telecommunications equipment at any time for any reason. The City, at its sole and exclusive discretion also may monitor its computer and telecommunications equipment at any time, without prior notice, in order to determine compliance with City policies, for purposes of legal proceedings, to investigate misconduct, to locate information, or for any other business purpose.
Retention
City e-mail systems are not intended to be and may not be used for the electronic storage or maintenance of official City records. The email system, to function as intended, anticipates or requires that employees regularly delete communications from the system.
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E-mail messages or attachments which are comparable to a hard copy document and considered City business, should be saved and retained in a separate folder on your PC (or network drive) or printed in hard copy and retained in appropriate document files. Documents are not to be stored in the e-mail system.
Routine e-mail messages are similar to telephone communications and are considered “non-records.” They are not intended to be and, if they are not retained in the ordinary course of City business, the informational content of such communications is neither necessary nor intended to be preserved for future City use or reference.
Each user will have the responsibility to remove such non-records from folders within the e-mail system and no e-mail should be retained for more than 730 days. This includes items in “received”, “sent”, and “deleted items” folders as well as any folders set up by individual users. Any e-mail older than 730 days will be automatically deleted from the system. E-mail messages that have been deleted (either manually by the user or automatically by the default retention policy) will be recoverable within 30 days of the deletion date. An e-mail is considered destroyed past the 30-day retention period of recoverable items.
Authorized Uses
City e-mail is to be used for the purpose of conducting City business and City-approved activities, including communication with citizens and City service providers and other similar activities, except as otherwise provided. Conversely, personal e-mail accounts shall not be used for City-related business or activities correspondence. City e-mail may also be used for the following incidental personal uses so long as such use does not interfere with the job duties, does not conflict with the City’s business, is at no cost to the City and does not violate either this or any other City policy:
• To send and receive occasional personal communications; • To prepare and store incidental personal data (such as personal calendars, personal address lists, and similar incidental personal data) in a reasonable manner; • To send and receive messages and attachments outside of established work hours provided that access is in compliance with this and all other City policies.
While incidental personal use is permitted, employees are strongly encouraged to use personal e-mail accounts and personal technology resources rather than City e-mail resources. Incidental personal use is a privilege and not a right. The City Manager, an employee’s department head or the Chief Information Officer (CIO) may further limit or revoke the privilege of incidental personal use at any time.
Prohibited Uses
Use of e-mail resources is a privilege that may be revoked at any time for unacceptable use or inappropriate conduct. The following activities are, in general, strictly prohibited. With the proper exception approved by the City Manager or CIO, employees may be exempt from these prohibitions during the course of job responsibilities and legitimate City business. • Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, including but not limited to, the downloading, installation or distribution of pirated software, digital music and video files. • Engaging in illegal activities or using e-mail for any illegal purposes, including initiating or receiving communications that violate any state, federal or city laws and regulations. This Packet Page 190 of 490Attachment 2 Page 147 of 165
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includes malicious use, spreading of viruses, and hacking. Hacking means gaining or attempting to gain the unauthorized access to any computers, computer networks, databases, data or electronically stored information.
• Using e-mail for personal commercial activities such as buying or selling of commodities or services or conducting a personal business with a profit motive. • Using resources to receive, transmit or store material that is in violation of sexual harassment or hostile workplace laws or related City policies, whether through language, frequency or size of messages. This includes statements, language, images, e-mail signatures or other materials that are likely to be perceived as offensive or disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religion, political beliefs or any other status protected by law. In addition, resources may not be used to receive, transmit or store material that is defamatory, threatens violence or that other=- wise makes threats in violation of City polices. • Using abusive or objectionable language in either public or private messages. • Misrepresenting, obscuring, suppressing, or replacing a user’s identity on e-mail. This includes the use of false or misleading subject headers and presentation of information in the distribution of e-mail.
• Employees are not permitted to use the e-mail account of another employee without receiving written authorization or delegated permission to do so. • Employees are not permitted to forge e-mail headers to make it appear as though an e-mail came from someone else.
• Employees are not permitted to alter documents which could be used to represent on-line transactions (e.g. receipts).
• Sending or forwarding chain letters or other pyramid schemes of any type. • Sending or forwarding unsolicited commercial e-mail (spam) including jokes. • Soliciting money for religious or political causes, advocating religious or political opinions, and endorsing political candidates.
• Making fraudulent offers of products, items, or services originating from any City account or using City technology resources.
Etiquette
Users of e-mail and other network services should be aware of the common expectations or network etiquette that users expect from one another.
• E-mail messages are not guaranteed to be private. The IT Department has access to all mail in order to maintain, manage and administer the system. City personnel may access e-mail messages as outlined in this policy.
• When sending e-mail, make your “subject” as descriptive as possible. • Do not post the personal addresses or phone numbers of employees. • Check your e-mail frequently and delete after reading it. • Proofread and edit messages before they are sent, but be tolerant of errors in messages from others.
• Be careful when using sarcasm and humor: without face-to-face communications, a joke may not be taken the way it was intended.
• Do not publicly criticize or inflame others.
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• Protect the privacy of other people.
• Messages written in all capitals are difficult to read and are the network equivalent of shouting. • Do not send messages with attachment(s) to all of the City’s distribution groups, i.e., email messages that are sent Citywide - to all City personnel. Place the attachment on an accessible City-shared network share or upload the attachment to the City Intranet site and provide the link to the shared location to the recipients.
• Do not send messages to global or mass distribution lists that are not of universal interest and importance.
• Refrain from “Replying to All” to a mass distribution list and use common sense and best judgment in determining if you reply to the original sender of the message is of interest and importance to all in the distribution list.
• Do not send large, unsolicited attachments, graphics, images, or seasonal greetings. • If you discover you have a virus, call the IT Division Help Desk at 428-7530. • Use common sense and focus primarily on using e-mail for City business. Never transmit an e- mail that you would not want your supervisor or other employees to read, or that you would be embarrassed to see in the newspaper.
• Do not open e-mail attachments or links from an unknown sender. Delete junk or “spam” e-mail without opening it if possible.
• Do not gossip or include personal information about yourself or others in an e-mail. • All emails must comply with all City policies, including those related to respectful workplace, harassment prevention and workplace violence.
Employee E-Mail Signatures
All employees’ signatures may only have the following information and in this order:
• Name
• Title
• Department
• Department physical address, if applicable (not required) • Phone numbers
• Fax number
• E-mail address
• A department logo, if applicable (not required)
• City seal (not required)
• Department motto, if applicable (not required)
• Department mission statement or values, if applicable (not required) • Confidentiality notice, if applicable (not required)
The e-mail signature may not include any message that is religious or political in nature or otherwise in violation of City policies.
Employee Microsoft Outlook “Out of Office” Message
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The Microsoft Outlook “Out of Office” tool should be activated during any absence where the employee will not be regularly checking and responding to e-mail. Such as in the following circumstances, however not limited to:
• Vacation
• Personal leave
• Medical leave
• Holidays
Department heads or their designees are responsible for requesting that the Information Technology Division activate the “Out of Office” Microsoft Outlook feature for employees that are unexpectedly placed on leave. The information provided on the “Out of Office” message, should include:
• Expected time or day of return
• The contact information of someone else that would be able to assist • Method by which to reach you, if possible
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Appendix N: ICMA Code of Ethics
ICMA Code of Ethics with Guidelines
The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in June 2020. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in June 2020.
The mission of ICMA is to advance professional local government through leadership, management, innovation, and ethics. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
Tenet 1. We believe professional management is essential to efficient and democratic local government by elected officials.
Tenet 2. Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant.
GUIDELINE
Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities in order to uphold local government professionalism.
Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
GUIDELINES
Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.
Length of Service. For chief administrative/executive officers appointed by a governing body or elected official, a minimum of two years is considered necessary to render a professional service to the local government. In limited circumstances, it may be in the best interests of the local government and the member to separate before serving two years. Some examples include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or significant personal issues. It is the responsibility of an applicant for a position to understand conditions of employment, including expectations of service. Not understanding the terms of employment prior to accepting does not justify premature separation. For all members a short tenure should be the exception rather than a recurring experience, and members are expected to honor all conditions of employment with the organization.
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commitment is considered binding unless the employer makes fundamental changes in the negotiated terms of employment.
Credentials. A member’s resume for employment or application for ICMA’s Voluntary Credentialing Program shall completely and accurately reflect the member’s education, work experience, and personal history. Omissions and inaccuracies must be avoided.
Professional Respect. Members seeking a position should show professional respect for persons formerly holding the position, successors holding the position, or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity.
Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report possible violations to ICMA. In reporting the possible violation, members may choose to go on record as the complainant or report the matter on a confidential basis.
Confidentiality. Members shall not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics.
Seeking Employment. Members should not seek employment for a position that has an incumbent who has not announced his or her separation or been officially informed by the appointive entity that his or her services are to be terminated. Members should not initiate contact with representatives of the appointive entity. Members contacted by representatives of the appointive entity body regarding prospective interest in the position should decline to have a conversation until the incumbent's separation from employment is publicly known.
Relationships in the Workplace. Members should not engage in an intimate or romantic relationship with any elected official or board appointee, employee they report to, one they appoint and/or supervise, either directly or indirectly, within the organization.
This guideline does not restrict personal friendships, professional mentoring, or social interactions with employees, elected officials and Board appointees.
Influence. Members should conduct their professional and personal affairs in a manner that demonstrates that they cannot be improperly influenced in the performance of their official duties.
Conflicting Roles. Members who serve multiple roles – either within the local government organization or externally – should avoid participating in matters that create either a conflict of interest or the perception of one. They should disclose any potential conflict to the governing body so that it can be managed appropriately.
Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should not engage in, or condone bullying behavior, harassment, sexual harassment or discrimination on the basis of race, religion, national origin, age, disability, gender, gender identity, or sexual orientation.
Tenet 4. Serve the best interests of the people.
GUIDELINES
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Impacts of Decisions. Members should inform their governing body of the anticipated effects of a decision on people in their jurisdictions, especially if specific groups may be disproportionately harmed or helped.
Inclusion. To ensure that all the people within their jurisdiction have the ability to actively engage with their local government, members should strive to eliminate barriers to public involvement in decisions, programs, and services.
Tenet 5. Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization.
Tenet 6. Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions.
Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.
GUIDELINES
Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party.
To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.
Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive.153
Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities.
Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office.
Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond.
Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity.
Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.
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Tenet 8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques.
GUIDELINES
Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis.
Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA.
Tenet 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.154
GUIDELINE
Information Sharing. The member should openly share information with the governing body while diligently carrying out the member’s responsibilities as set forth in the charter or enabling legislation.
Tenet 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline.
GUIDELINE
Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status.
It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations.
Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
GUIDELINES
Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part.
The term “Gift” includes but is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts of money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable.
Members should not accept any gift that could undermine public confidence. De minimus gifts may be accepted in circumstances that support the execution of the member’s official duties or serve a legitimate public purpose. In those cases, the member should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law.
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The guideline is not intended to apply to normal social practices, not associated with the member’s official duties, where gifts are exchanged among friends, associates and relatives.
Investments in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict of interest, in fact or appearance, with their official duties.
In the case of real estate, the use of confidential information and knowledge to further a member’s personal interest is not permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided (see the guideline on “Confidential Information”). Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety, members should disclose or dispose of such investments prior to accepting a position in a local government. Should the conflict of interest arise during employment, the member should make full disclosure and/or recuse themselves prior to any official action by the governing body that may affect such investments.
This guideline is not intended to prohibit a member from having or acquiring an interest in or deriving a benefit from any investment when the interest or benefit is due to ownership by the member or the member’s family of a de minimus percentage of a corporation traded on a recognized stock exchange even though the corporation or its subsidiaries may do business with the local government.
Personal Relationships. In any instance where there is a conflict of interest, appearance of a conflict of interest, or personal financial gain of a member by virtue of a relationship with any individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the relationship to the organization. For example, if the member has a relative that works for a developer doing business with the local government, that fact should be disclosed.
Confidential Information. Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course of their official duties.
Information that may be in the public domain or accessible by means of an open records request, is not confidential.
Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.
Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment.
Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve.
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materials, social media, or other documents, whether the member is compensated or not for the member’s support. Members may, however, provide verbal professional references as part of the due diligence phase of competitive process or in response to a direct inquiry.
Members may agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.
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Appendix O: Channel 26 Programming Policy
City of Fairfield Administrative Policy
Chapter 100 – Administration
Section 14 – Channel 26 Programming Policy
Purpose
To establish a uniform policy for the City of Fairfield’s government access channel, Channel 26.
Procedure
Channel 26 is the City of Fairfield’s government access channel. Programming for the channel is designed and implemented by City staff for the purpose of providing local government related information to Fairfield’s residents. The programming is bound by the guidelines and restrictions identified in this administrative memorandum and are subject to staff availability for production.
Channel 26 Programming Guidelines:
1. To broadcast the regularly scheduled public meetings of the City Council and the City Commissions (including Planning, Community Services, and Youth Commissions).
2. To broadcast the regularly scheduled public meetings of the Fairfield-Suisun Unified School District (FSUSD).
3. To produce and broadcast current and future City programs such as Fairfield Living, City View and Bringing People Together. These productions (which are considered magazine style shows) discuss events, issues and activities that are of interest to the community.
4. To produce tapes, City related Public Service Announcements, and City sponsored event programming that are of interest to the community.
5. To broadcast governmental agencies’ pre-recorded and live programming, such as town hall meetings, that is of interest to the community.
Programming Restrictions:
1. Programming must be direct and non-editorial in content. Channel 26 is not a mechanism for building support for a particular policy, program or issue. The City Man- ager’s Office has the final approval for all programming content.
2. Declared candidates for any elective public office will not be eligible to appear on the government access channel as part of a campaign effort. This exclusion does not apply to persons who receive airtime as part of a public meeting that is broad- casted on the channel.
3. Program sponsors can be listed as credits during the opening and/or closing of video productions. However, Channel 26 is a non-commercial channel and does not accept revenue for advertising or endorsing consumer products.
4. Written permission must be obtained for all programs produced by outside sources that are broadcasted on Channel 26. Copyrighted music is not allowed unless written permission is obtained. Local radio stations, such as KUIC 95.3 FM, may be played on Channel 26 during Bulletin Board broadcasts, or in case of Emergency Broadcast System requests.
5. No slanderous, lewd, obscene, indecent or violent material or language will be allowed on Channel 26.
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The City Manager’s Office may revise programming policy at any time.
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Appendix P: Purchase of Meals, Refreshments, and Other
Discretionary Purchases Policy and Travel and Business Expense Policy
City of Fairfield Administrative Policy
Chapter 100 – Administration
Section 29 – Purchase of Meals, Refreshments and Other Discretionary Purchases Purpose
To establish a uniform policy for the City of Fairfield pertaining to the purchase of meals, refreshments and other discretionary purchases. Policy City funds shall not be expended for meals, refreshments, other miscellaneous food, gifts, cards, flowers, gift certificates or tokens of recognition unless these items are for an authorized City activity or training as outlined below.
Authorized Use of Funds
An authorized City activity includes the following:
1) Special City-wide events provided by City for its own employees with prior approval by the City Manager or his/her designee;
2) New employee recognition program;
3) Mandatory City-wide trainings and/or briefings for employees that are 4 or more hours in length; 4) Oral boards and employee recruitment process;
5) City Council event or widely advertised community meeting; 6) Annual City-sponsored volunteer recognition event;
7) Emergency Operations Center training and activation; 8) Department events as initiated by department heads, no more than quarterly; 9) City hosted trainings, meetings and/or events involving other agencies; 10) Recreation programs where food is part of service delivery; 11) Monthly meetings with the Fairfield Community Services Foundation; 12) Required employee training that includes working through employees’ lunch All authorized City activities outlined above must be approved by the respective department head prior to using City funds. Documentation of department head approval must be submitted with receipts, invoices and/or statements. The City Manager, or his/her designee, can, upon written approval, authorize an exception to the authorized City activity. As a general guideline, refreshments should not be purchased for City staff meetings, activities, and trainings unless they meet the criteria above.
Non-allowable use of funds
1) Meals and/or refreshments for non-mandatory staff training; 2) Meals and/or refreshments for mandatory City-wide training and/or briefings that are less than 4 hours in length;
3) Purchase of flowers, gifts, cards, and/or refreshments for social events including: staff birthdays, baby showers, anniversaries, and/or retirements for staff with less than 10 years of service; 4) Purchase of flowers, gifts, cards, and/or refreshments for deaths, births or illnesses; 5) Purchase of alcohol for any reason
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Emergency Call-outs
Employees who have been called out for emergencies, (e.g. repairing water main breaks or SWAT call- outs) and are unable to leave their assignments to take meal breaks are eligible for meals and refreshments paid by the City.
Discretionary purchases
1) Departments are allowed to pay for water cooler expenses for employees. 2) Fire and Police Departments are allowed to purchase retirement shadow boxes and badge embedment in Lucite for an amount not to exceed $500 per item. 3) Departments are authorized to pay for employee departure expenses (i.e. cake, and/or refreshments, gift, etc.) for employees departing after a minimum of 10 years of service with the City of Fairfield. Allowable purchase amount is based on the employee’s years of service as follows:
(a) 10 – 19 years of service $100.00 maximum
(b) 20 – 29 years of service $150.00 maximum
(c) 30 + years of service $200.00 maximum
Department Recognition/Appreciation Non-Cash Awards
Non-cash awards such tickets for movies, events and t-shirts with City logos, may be provided to employees as part of the department’s recognition/appreciation program. Retirements, birthdays, baby showers, births and other personal celebrations are not considered department recognition/appreciation activities. Purchases of non-cash awards must be paid from each Department’s existing budget and is capped at $50 per employee per fiscal year.
Celebrations
Staff is allowed to participate during regular work-hours for other type of appreciation events if approved by their department head, but material costs associated with these events are not paid for by city funds.
Training policy
An authorized training must be approved by the department head. The employee training and travel expense policy shall govern the reimbursement of expenses incurred by City employees attending out- of-town trainings or conferences. See Section 19 for further details on the travel and business policy.
Business lunch policy
In the event that an employee is having a meal/business lunch with a vendor or an outside party of the agency, outside of City Hall, the employee must pay for his/her lunch and is eligible for the meal reimbursement by the City for his/her lunch, only if this meeting is approved in advance by the department head. Employees should strive to schedule meetings with outside vendor/parties during non-meal times.
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City of Fairfield Administrative Policy
Chapter 100 – Administration
Section 22 – Travel and Business Expense Policy
Purpose
To establish a uniform policy for City elected officials, City appointed officials, City commissioners, City employees, and City volunteers hereafter known as “employees” for travel and business expenses. The policy is not intended to supersede Peace Officer Standards and Training (POST) reimbursable travel policies established by the State of California. Expenses incurred in connection with the following type of activities generally constitute authorized expenses as long as the other requirements of this policy are met:
1. Communicating with representatives of regional, state, and national government on City- adopted policy and/or program positions.
2. Attending educational seminars designed to improve employees’ skill and knowledge related to their position within the City.
3. Participating in local, regional, state, and national organizations whose activities affect the City’s interest.
4. Attending City-sponsored events.
5. Implementing a City-approved strategy for attracting or retaining businesses to the City.
6. Other meetings as required to further the City’s interest.
General Provisions
It is the policy of the City of Fairfield that all travel expenses and business expenses incurred meet the following criteria:
1. The expense incurred is of direct benefit to the City.
2. The amount of the expense is reasonable in terms of the event or activity involved.
3. The expenses incurred are within the department’s budget and are approved by the department head. The department heads have approval authority for employees traveling within the state.
The City Manager or designee will approve travel and business expenses incurred by employees for all out of state and international travel only, regardless of funding source or reimbursement by an outside agency.
Responsibilities
Every employee who travels on official business on behalf of the City is responsible for knowing and complying with the Travel and Business Policy. A department head, or his or her designee, is responsible for reviewing and approving or denying all travel requests for compliance with this policy.
General Business Travel Guidelines
When an employee is traveling for training, meetings, or conferences, the City’s Travel Authorization and Reconciliation form shall be approved prior to traveling or incurring any associated expenses. Event brochures/agendas are required documentation to accompany the form along with all anticipated costs (using the “Anticipated Costs” column.) The form shall include the following advisory:
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All expenses reported on this form must comply with the City’s policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City’s policies may include, but are not limited to, the loss of reimbursement privileges, restitution, civil and criminal penalties, additional tax liability and employment disciplinary action (if applicable), up to and including termination of employment.
After travel is completed, City employees must fill out the “Actual Cost” column of the Travel Authorization and Reconciliation form for all training/travel expenses incurred. This form shall be included with every request for payment (including City procurement (IMPAC) card payments and requests for reimbursements) and separate forms must be used for individual employees. Detailed, itemized receipts for expenses shall be attached to the Travel Authorization and Reconciliation form for reimbursement purposes (note: receipts that are not itemized are not acceptable). Receipts are not required for per diem meal and incidental expenses. The Travel Authorization and Reconciliation form shall reflect all travel-related costs. If reimbursement is necessary, the form must be signed by the employee, the department head or his or her designee, and the City Manager for out-of-state travel.
Meals
1. During travel, meal and incidental expenses are paid on a per diem basis. The City’s per diem rate for Meals and Incidental Expenses (M&IE) shall be equal to the U.S. General Services Administration’s (GSA) M&IE rates ( www.gsa.gov) . For international travel, M&IE rates are set by the U.S. Department of State.
2. For the first and last day of travel, an employee is limited to 75% of the applicable per diem rate for M&IE. If the employee leaves prior to 9:00 a.m. or the employee returns after 6:00 p.m. the first and last day, the employee is eligible for 100% of the per diem for those days.
3. When meals are included as part of the event (included in the registration fee), employees will not be provided per diem for these meals. When the employee can justify a legitimate business or personal, or medical reason and there are no accommodations available to participate in the provided meal, the employee must submit written justification to receive per diem for that meal.
4. Meal expenses shall not be purchased using a City procurement (IMPAC) card.
Lodging
1. It is the City’s policy to provide adequate lodging for its employees while they are out of town on City business. Out of town is defined as a location greater than one and one half (1.5) hours drive of normal commute time from City Hall. Lodging is an allowable expense for the evening preceding a training, meeting, or conference only when the employee would have to leave his/her residence before 7:00 a.m. on the day of the event to arrive at his/her destination at the designated time. Lodging is an allowable expense for the evening subsequent to an event when travel would result in the employee arriving at his/her residence after 10:00 p.m. Employees must submit an itemized hotel check-out receipt to obtain reimbursement or as supporting documentation if lodging is paid for using a City procurement (IMPAC) card. Booking receipts are not acceptable forms of documentation.
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2. Lodging charges are based on single occupancy rates. The City will not reimburse employees for lodging expenses incurred by family members when an employee’s family accompanies him/her, or for any charges above the single occupancy rate if the hotel charges more for additional guests in the same room.
3. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question, or the rate for government employees on official business, if such rates are available at the time of booking. If the group or government rate is not available, lodging at accommodations at comparable rates to the group rate, which do not substantially increase transportation costs or interfere with an employee’s duties, are presumed to be reasonable and reimbursable. If an employee chooses to extend his or her stay for personal business, the employee is responsible for all associated costs.
When possible, the employee shall attempt to keep all documentation (receipts, hotel check-out receipts) related to business travel separate from personal business.
Travel Expenses
1. Rail, bus, taxi, ridesharing, or airfare expenses will be reimbursed at actual cost. Only economy and coach airfare will be authorized. When possible, travel arrangements should be made in advance by the department. If there is not a prepaid ticket arrangement for travel, receipts are required for reimbursement. Metro/BART Tickets and FasTrak bridge tolls where the employee has an electronic transponder do not require a receipt.
2. Rental vehicles are only allowed for business reasons in the situation when the hotel location is not within walking distance of the event location and a shuttle service or other means of ground transportation is not available, impractical or too costly. Rental vehicles are only allowed as a business necessity, not for personal convenience. All rental car requests must have prior approval from the department head or City Manager (for out of state travel). Rental car expenses without prior approval from the department or City Manager will not be reimbursed.
Rental vehicle agreements should be limited to economy, compact or subcompact cars. If a portion of the trip includes personal business (i.e., staying over a weekend), then the employee shall pay the pro-rata cost of the rental car during the personal business time. Vans and other large vehicles may be rented if there is a group of employees and/or officials traveling together.
3. Garage, toll, taxis, rideshares, shuttles and hired vehicle fares, and parking expenses will be reimbursed at actual cost. It is recommended that employees obtain receipts for expenses and attach receipts to the Travel Authorization and Reconciliation form. Reimbursement for airport parking will be at the long-term airport parking rate for travel exceeding 24 hours, with employee paying the difference, if any.
4. Mileage expenses will be reimbursed at the actual miles traveled times the Federal mileage rate.
Mileage expenses may not be reimbursed via petty cash. For those employees participating in a POST training and/or conference, the POST reimbursement rate for mileage will be used instead.
Employees receiving a monthly mileage allowance are not eligible for mileage reimbursement.
Travel by private vehicle is authorized when additional time away from the job is previously approved in lieu of flying when it does not necessitate more time away from the job. The total travel cost shall be computed on direct route distances, but in no case shall exceed the round trip by air. Employees who receive a monthly auto allowance, or use a City vehicle are not eligible for mileage reimbursement.
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5. Baggage charges, non-meal related tips and gratuities are eligible for reimbursement as long as the charges are reasonable. Airline early check-in fees are not eligible for reimbursement.
Baggage charges, non-meal related tips and gratuities are to be reflected in the “Other” line on the Travel Authorization and Reconciliation form.
6. Telecommunication expenses related to City business are reimbursable (i.e., cell phone calls on personal cell phones or internet costs at a hotel). Personal phone calls are not eligible for reimbursement.
7. Personal expenses including entertainment expenses are not eligible for reimbursement.
8. Detailed receipts are required if any City issued charge, debit or gasoline card is used for business travel.
9. If an employee changes a flight after it is booked and incurs a cost, the additional cost shall be borne by the employee, unless the change was required by business of the City.
10. For airfare expenses, if an employee chooses to extend his or her stay for personal purposes, any additional costs resulting from this extension is the responsibility of the employee and documentation (flight print-outs at time of booking) must be submitted to ensure compliance with this policy.
Approval of Business Travel Expenses
The City Manager or designee approves business travel expenses for elected officials, department heads and out of state or international travel for employees regardless of funding source or reimbursement by an outside agency. The department heads have approval authority for their individual departments for employees traveling within the state. The City Manager’s travel shall be approved by either the Assistant City Manager or Finance Director.
Travel Authorization and Reconciliation forms without authorized signatures will not be accepted for processing payments. The Finance Department will retain completed reports, documentation, and records pertaining to travel and business expenses.
Conferences, Meetings, and Training Expenses
The City encourages employee’s participation in special training and educational activities that are directly job related. Reimbursement for tuition and cost of materials is available from the City for approved training courses. Receipts are required for registration fees, books, and supplies related to approved conferences, meetings and/or trainings. The City’s Travel Authorization and Reconciliation form may be used to process any reimbursements.
All training and educational activities within the state require prior approval of the department head. All training and educational activities outside the state or country require prior approval of the department head and the City Manager or designee.
For those employees participating in a POST training and/or conference, the City will use the POST advance rate (per diem) for meals if it is different from this guideline.
The guidelines for general business travel apply to the lodging, meals, and transportation costs associated with training, conferences, workshops, and meetings.
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preceding paragraph, may, at the discretion of the department head, attend such meeting or conference on City time up to three calendar days, and be reimbursed for part or all of any registration costs, if it deemed that the resulting education or information derived will be of benefit to the City, but such employee will be required to pay for all other out-of-pocket costs such as food, transportation, and lodging.
Cash Advances
Generally the City will pay in advance for registration, hotels, and airfares. Advances for meal and incidental expenses (per diems) can be requested no later than three weeks prior to travel. All other expenses will be reimbursed after the Travel Authorization and Reconciliation form is submitted to reflect actual costs incurred. Detailed, itemized receipts for expenses must be attached to the General Business Travel Expense form the reimbursement purposes (note: receipts that are not itemized are not acceptable). Receipts are not required for per diem meal and incidental expenses.
Out of State Travel
The City Manager or designee must approve, in advance, all out of state and international travel requests. Department heads or designees will submit requests to the City Manager for approval and will provide a rationale on why the request falls within this policy.
Employees may travel out of state if assigned by their department head with prior City Manager or designee approval to: (a) attend training on systems, equipment or procedures used by the City, where such training is either not offered in California, or is offered at lesser cost than comparable training in California; or (b) conduct interviews or gather information related to a law enforcement, economic development or other City operation or project, where such access to individuals or information is not available in California. An exception is made and no City Manager or designee approval is required for travel associated with ongoing criminal investigations.
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Agenda Item No: 10.
AGENDA REPORT
DATE:November 15, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022297 of the City Council of the City of Fairfield Approving the Fiscal Year 20222023 Supplement to Engineer’s Report, as Modified, Confirming the Boundaries, and Deferring the Fiscal Year 20222023 Levy and Collection of Assessments for the Smith Ranch Assessment District
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The adoption of this resolution will approve the fiscal year (FY) 20222023 supplement to Engineer’s Report, as modified, confirm the boundaries of the district, and defer the FY 20222023 levy and collection of assessments for the Smith Ranch Assessment District (District).
DISCUSSION
The City formed the District in 1986 to provide funding for some of the initial infrastructure improvements in the Rancho Solano subdivision, and to allow for the levy of annual assessments to fund other capital improvements and ongoing maintenance of private streets and street storm drains that were originally constructed by the District.
Pursuant to Section 10100.8.(b) of the Streets and Highways Code, a legislative body may choose to hold a public hearing and adopt a resolution to levy and collect assessments from parcels within the District. On June 21, 2022, council adopted Resolution No. 2022142 granting preliminary approval of the FY 20222023 engineer’s report, declaring intention to order the levy and collection of assessments, and providing notice of a public hearing set for July 19, 2022. The notice for the public hearing was provided in accordance with Government Code 6066. Due to an administrative oversight, the required public hearing was not conducted at the July 19, 2022, council meeting.
There was insufficient time to provide a second notice of public hearing in accordance with Government Code 6066, hold a public hearing, and meet the Solano County AuditorController’s August 10, 2022, deadline to submit special assessments for the FY 20222023 tax rolls. As a result of the inability to meet the Solano County deadline, the City will defer the FY 20222023 levy and collection of assessments for District.
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Agenda Item No: 10.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022297 of the City Council of the City of Fairfield Approving the FiscalYear 20222023 Supplement to Engineer’s Report, as Modified, Confirming theBoundaries, and Deferring the Fiscal Year 20222023 Levy and Collection ofAssessments for the Smith Ranch Assessment DistrictRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution will approve the fiscal year (FY) 20222023 supplement to Engineer’sReport, as modified, confirm the boundaries of the district, and defer the FY 20222023 levy andcollection of assessments for the Smith Ranch Assessment District (District).DISCUSSIONThe City formed the District in 1986 to provide funding for some of the initial infrastructureimprovements in the Rancho Solano subdivision, and to allow for the levy of annual assessments to fundother capital improvements and ongoing maintenance of private streets and street storm drains thatwere originally constructed by the District. Pursuant to Section 10100.8.(b) of the Streets and Highways Code, a legislative body may choose tohold a public hearing and adopt a resolution to levy and collect assessments from parcels within theDistrict. On June 21, 2022, council adopted Resolution No. 2022142 granting preliminary approval ofthe FY 20222023 engineer’s report, declaring intention to order the levy and collection ofassessments, and providing notice of a public hearing set for July 19, 2022. The notice for the publichearing was provided in accordance with Government Code 6066. Due to an administrative oversight,the required public hearing was not conducted at the July 19, 2022, council meeting. There was insufficient time to provide a second notice of public hearing in accordance with GovernmentCode 6066, hold a public hearing, and meet the Solano County AuditorController’s August 10, 2022,deadline to submit special assessments for the FY 20222023 tax rolls. As a result of the inability to meet the Solano County deadline, the City will defer the FY 20222023 levy and collection of assessments for District.
The proposed temporary deferment does not preclude the City from levying assessments in future years. The District assessments are existing, ongoing annual assessments that are not subject to Proposition 218 as 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. The council may undertake future proceedings to levy annual assessments in FY 20232024, and all future fiscal years.
Future assessments will not exceed the District’s assessment range maximum of $395 per parcel, which was established in 1996, unless the council undertakes proceedings in accordance with Proposition 218.
The proposed Engineer’s Report, as modified, reduces the FY 20222023 assessments to $0 and reduces the proposed budgeted assessment revenue to $0. The District has a sufficient fund balance to finance all expenses over the next year. Deferment of the FY 20222023 assessments will not impact the District’s ability to address repair or maintenance needs.
The adoption of this resolution will approve the FY 20222023 supplement to Engineer’s Report, as modified, confirm the boundaries of the district, and defer the FY 20222023 levy and collection of assessments for the District.
FINANCIAL IMPACT
All eligible expenses will be paid from the Smith Ranch Assessment District Fund (Organization Code 171). There is no financial impact to the General Fund. The City notified the Solano County Auditor of the intent to defer assessments for FY 20222023 by the August 10, 2022, tax roll submission deadline.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff has been in close contact with the Rancho Solano Homeowner’s Association (HOA) Board and a formal notice to the HOA Board was sent the week of October 24th.
ALTERNATIVE ACTION
If council has any questions regarding the adoption of this resolution, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information.
STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department
ATTACHMENTS:
Description
Proposed Resolution
Supplement to the Engineer's Report, as Modified
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 10/31/2022 7:03 PM
Kaushal, Paul Approved 10/31/2022 7:52 PM
Beavers, Esther Approved 11/1/2022 11:03 AM
Beavers, Esther Approved 11/1/2022 11:07 AM
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Agenda Item No: 10.AGENDA REPORTDATE:November 15, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022297 of the City Council of the City of Fairfield Approving the FiscalYear 20222023 Supplement to Engineer’s Report, as Modified, Confirming theBoundaries, and Deferring the Fiscal Year 20222023 Levy and Collection ofAssessments for the Smith Ranch Assessment DistrictRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution will approve the fiscal year (FY) 20222023 supplement to Engineer’sReport, as modified, confirm the boundaries of the district, and defer the FY 20222023 levy andcollection of assessments for the Smith Ranch Assessment District (District).DISCUSSIONThe City formed the District in 1986 to provide funding for some of the initial infrastructureimprovements in the Rancho Solano subdivision, and to allow for the levy of annual assessments to fundother capital improvements and ongoing maintenance of private streets and street storm drains thatwere originally constructed by the District. Pursuant to Section 10100.8.(b) of the Streets and Highways Code, a legislative body may choose tohold a public hearing and adopt a resolution to levy and collect assessments from parcels within theDistrict. On June 21, 2022, council adopted Resolution No. 2022142 granting preliminary approval ofthe FY 20222023 engineer’s report, declaring intention to order the levy and collection ofassessments, and providing notice of a public hearing set for July 19, 2022. The notice for the publichearing was provided in accordance with Government Code 6066. Due to an administrative oversight,the required public hearing was not conducted at the July 19, 2022, council meeting. There was insufficient time to provide a second notice of public hearing in accordance with GovernmentCode 6066, hold a public hearing, and meet the Solano County AuditorController’s August 10, 2022,deadline to submit special assessments for the FY 20222023 tax rolls. As a result of the inability tomeet the Solano County deadline, the City will defer the FY 20222023 levy and collection ofassessments for District. The proposed temporary deferment does not preclude the City from levying assessments in futureyears. The District assessments are existing, ongoing annual assessments that are not subject toProposition 218 as long as the annual assessments do not exceed the annual assessment rangemaximum that was established in July 1996, prior to the adoption of Proposition 218. The council mayundertake future proceedings to levy annual assessments in FY 20232024, and all future fiscal years.Future assessments will not exceed the District’s assessment range maximum of $395 per parcel,which was established in 1996, unless the council undertakes proceedings in accordance withProposition 218. The proposed Engineer’s Report, as modified, reduces the FY 20222023 assessments to $0 andreduces the proposed budgeted assessment revenue to $0. The District has a sufficient fund balanceto finance all expenses over the next year. Deferment of the FY 20222023 assessments will not impactthe District’s ability to address repair or maintenance needs. The adoption of this resolution will approve the FY 20222023 supplement to Engineer’s Report, asmodified, confirm the boundaries of the district, and defer the FY 20222023 levy and collection ofassessments for the District. FINANCIAL IMPACTAll eligible expenses will be paid from the Smith Ranch Assessment District Fund (Organization Code171). There is no financial impact to the General Fund. The City notified the Solano County Auditor ofthe intent to defer assessments for FY 20222023 by the August 10, 2022, tax roll submission deadline. PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONStaff has been in close contact with the Rancho Solano Homeowner’s Association (HOA) Board and aformal notice to the HOA Board was sent the week of October 24th. ALTERNATIVE ACTIONIf council has any questions regarding the adoption of this resolution, this item may be rescheduled untilthe next council meeting to allow staff to provide the necessary background information.STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428[email protected] WITHCity Attorney's Office, Finance DepartmentATTACHMENTS:DescriptionProposed ResolutionSupplement to the Engineer's Report, as ModifiedREVIEWERS:Reviewer Action DatePanganiban, Ryan Approved 10/31/2022 7:03 PM Kaushal, Paul Approved 10/31/2022 7:52 PM
Beavers, Esther Approved 11/1/2022 11:03 AM
Beavers, Esther Approved 11/1/2022 11:07 AM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-297
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FISCAL YEAR 2022-2023 SUPPLEMENT TO ENGINEER’S REPORT, AS MODIFIED, CONFIRMING THE BOUNDARIES, AND DEFERRING THE FISCAL YEAR 2022-2023 LEVY AND COLLECTION OF
ASSESSMENTS FOR THE SMITH RANCH ASSESSMENT DISTRICT
WHEREAS, on October 7, 1986, the City Council adopted Resolution No. 1986-291, a Resolution of Intention to Make Acquisitions and Improvements, Smith Ranch Assessment District (Resolution of Intention); and
WHEREAS, on November 18, 1986, the council adopted Resolution No. 1986-341, A Resolution Adopting Engineer’s Report, Confirming the Assessment and Ordering the Work and Acquisitions, Directing Recording and Filling of Assessment, Assessment Diagram and Notice of Assessment, Appointing Collection Officer, and Providing for Notice to Pay Assessments; and
WHEREAS, on June 21, 2022, the council adopted Resolution No. 2022-142 Granting Preliminary Approval of Fiscal Year 2022-2023 Supplement to Engineer’s Report (Engineer’s Report), Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Hearing for the Smith Ranch Assessment District (District); and
WHEREAS, notice for a July 19, 2022, public hearing in connection with the annual levy of maintenance assessments pursuant to Section 10100.8 of the Streets and Highways Code for the District was provided in accordance with Government Code 6066; and
WHEREAS, due to administrative oversight, the public hearing was not held on July 19, 2022; and
WHEREAS, there was insufficient time to provide notice for and conduct the required public hearing prior to the Auditor-Controller’s August 10, 2022, deadline to submit special assessments for the Fiscal Year 2022-2023 tax rolls; and
WHEREAS, City staff has prepared a modification to the Engineer’s Report reducing the fiscal year (FY) 2022-2023 assessments to $0 and reducing the budgeted assessment revenue to $0 , which has been presented to this council at this meeting; and
WHEREAS, deferment of the FY 2022-2023 levy and collection of assessments for the District will not impact the District’s ability to address repair or maintenance needs during FY 2022-2023; and
WHEREAS, deferment of the FY 2022-2023 levy and collection of assessments for the District does not preclude the District from levying assessments in future years; and
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RES. NO. 2022-297