Agenda, first session — Fairfield City Council, March 7, 2023 (part 1 of 2)

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.

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/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION Worship Pastor Patrick Serna, Highway International Christian Fellowship PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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PRESENTATIONS

1.Poem Reading "Listen to Her Story" by Poet Laureate Suzanne Bruce Contact:Karen L. Rees, (707) 4287767
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2.Proclamation Declaring International Women's History Month Contact:Karen Rees, (707) 428 7767
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PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

CONVENE MEETING OF THE HOUSING AUTHORITY
The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

ROLL CALL
Commissioner Doug Carr Commissioner Doriss Panduro Commissioner Scott Tonnesen Commissioner Rick Vaccaro Commissioner K. Patrice Williams Vice Chair Pam BertaniChair Catherine "Cat" Moy
HOUSING AUTHORITY CONSENT CALENDAR
HOUSING AUTHORITY CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Authority or the public requests that separate action be taken on a specific item.

3.Resolution HA202301 of the Fairfield Housing Authority Approving the Third Amendment to the Disposition and Development Agreement by and Among the Fairfield Housing Authority, Affordable Housing Alliance II, Inc., and Sutton Place Development Corp. for Land Located at 1600 Woolner Avenue, Fairfield, CA
Recommended Action
Adopt resolution.

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Funding Source
N/A
Contact:LaTanna Jones, (707) 4287647
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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.

4.Resolution 202337 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

5.Resolution 202338 of the City Council of the City of Fairfield Approving Amendments to the City of Fairfield Conflict of Interest Code
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a

6.Resolution 202339 of the City Council of the City of Fairfield Approving the Appointment of a Director and Alternative Director from the City of Fairfield City Council to Serve on the Marin Clean Energy Board of Directors
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Corey Beavers, (707) 4287528
a

7.Resolution 202340 of the City Council of the City of Fairfield Vacating the Waterline Easement Lying Within 1420 Travis Boulevard (Raising Cane’s Development) Recommended Action
Adopt resolution.

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

8.Resolution 202341 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Contribution Agreement between the City of Fairfield and the Solano Transportation Packet Page 3 of 154

Funding Source
N/A
Contact:Diane Feinstein, (707) 4343808
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9.Resolution 202342 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Dutch Bros Coffee) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 62
Recommended Action
Adopt resolution.

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

10.Resolution 202343 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (StorQuest Express Fairfield) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 63 Recommended Action
Adopt resolution.

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

11.Resolution 202344 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Second Amendment to the Disposition and Development Agreement Between the City of Fairfield and Lionext, Inc.

Recommended Action
Adopt resolution.

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

12.Resolution 202345 of the City Council of the City of Fairfield Approving the Revised and Amended Plans and Specifications for the Manuel Campos Parkway Extension Phase 2 Improvements
Recommended Action
Adopt resolution.

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

13.Resolution 202346 of the City Council of the City of Fairfield Adopting the City of Fairfield’s 2023 State and Federal Legislative Platform
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, MARCH 7, 2023; 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.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Worship Pastor Patrick Serna, Highway International Christian FellowshipPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Poem Reading "Listen to Her Story" by Poet Laureate Suzanne BruceContact:Karen L. Rees, (707) 4287767a2.Proclamation Declaring International Women's History MonthContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE MEETING OF THE HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyHOUSING AUTHORITY CONSENT CALENDARHOUSING AUTHORITY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Authority or the public requests that separate action be taken on a specific item.3.Resolution HA202301 of the Fairfield Housing Authority Approving the Third Amendment to theDisposition and Development Agreement by and Among the Fairfield Housing Authority,Affordable Housing Alliance II, Inc., and Sutton Place Development Corp. for Land Located at1600 Woolner Avenue, Fairfield, CARecommended ActionAdopt resolution.Funding SourceN/AContact:LaTanna Jones, (707) 4287647aRECONVENE 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.4.Resolution 202337 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) 4287767a5.Resolution 202338 of the City Council of the City of Fairfield Approving Amendments to the Cityof Fairfield Conflict of Interest CodeRecommended ActionAdopt resolution.Funding SourceN/AContact:Esther Beavers, (707) 4287402a6.Resolution 202339 of the City Council of the City of Fairfield Approving the Appointment of aDirector and Alternative Director from the City of Fairfield City Council to Serve on the MarinClean Energy Board of DirectorsRecommended ActionAdopt resolution.Funding SourceN/AContact:Corey Beavers, (707) 4287528a7.Resolution 202340 of the City Council of the City of Fairfield Vacating the Waterline EasementLying Within 1420 Travis Boulevard (Raising Cane’s Development)Recommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a8.Resolution 202341 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Contribution Agreement between the City of Fairfield and the Solano TransportationAuthority for the Purchase of Solano Express Intercity Bus Replacements Recommended ActionAdopt resolution.Funding SourceN/AContact:Diane Feinstein, (707) 4343808a9.Resolution 202342 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (Dutch Bros Coffee) to Community Facilities District No. 20122 and Authorizing theLevy of Special Taxes Therein for Annexation No. 62Recommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a10.Resolution 202343 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (StorQuest Express Fairfield) to Community Facilities District No. 20122 andAuthorizing the Levy of Special Taxes Therein for Annexation No. 63Recommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a11.Resolution 202344 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Second Amendment to the Disposition and Development Agreement Betweenthe City of Fairfield and Lionext, Inc.Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a12.Resolution 202345 of the City Council of the City of Fairfield Approving the Revised andAmended Plans and Specifications for the Manuel Campos Parkway Extension Phase 2Improvements Recommended ActionAdopt resolution.Funding SourceN/AContact:Ryan Panganiban, (707) 4287017aNEW BUSINESS

13.Resolution 202346 of the City Council of the City of Fairfield Adopting the City of Fairfield’s 2023 State and Federal Legislative Platform
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Anna Guiles, (707) 4287399
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14.City Council Discussion and Direction on the HearttoHeart Listening Tours Recommended Action
Receive report, open discussion, and provide direction to staff.

Funding Source
N/A
Contact:David Gassaway, (707) 4287400
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PUBLIC HEARINGS

15.Public Hearing; and
Resolution 202347 of the City Council of the City of Fairfield Adopt CitySponsored Special Events for the 2023 Calendar Year; and
First Reading and Introduction of Ordinance 202306 of the City Council of the City of Fairfield Amending Chapter 12A of the Fairfield Municipal Code, also Known as the Special Events Ordinance, to Clarify the Application Process and Requirements, Correct Typographical Errors, and Make Minor Organizational Revisions for Special Event Permits Recommended Action
Hold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinance for first reading.

Funding Source
N/A
Contact:Yee Lynn Wong, (707) 4287449
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16.Public Hearing; and First Reading and Introduction of Ordinance 202307 of the City Council of the City of Fairfield Amending Chapter 11, Section 7.2, Regarding the Use of Streets for Vehicle, Boat, Etc., Storage Prohibited
Recommended Action
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

Funding Source
N/A
Contact:Jeremy Profitt, (707) 4287709
a
ADJOURN TO TUESDAY, MARCH 21, 2023, 6:00 P.M., COUNCIL CHAMBER.

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

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PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, March 1, 2023.

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Agenda Item No: 3.

AGENDA REPORT
DATE:March 7, 2023
TO:Fairfield Housing Authority Chair and Commissioners
FROM:David Gassaway, Executive Director
SUBJECT:Resolution HA202301 of the Fairfield Housing Authority Approving the Third Amendment to the Disposition and Development Agreement by and Among the Fairfield Housing Authority, Affordable Housing Alliance II, Inc., and Sutton Place Development Corp. for Land Located at 1600 Woolner Avenue, Fairfield, CA RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Affordable Housing Alliance II, Inc. and Sutton Place Development Corp (collectively, "Developer") entered into a Disposition and Development Agreement (DDA) with the Fairfield Housing Authority (FHA), dated February 10, 2020. According to the DDA, the FHA agreed to sell 1600 Woolner Ave. to the Developer upon the satisfaction of certain conditions, including affordable housing development.

Subsequently, the DDA was amended twice to extend the close of escrow dates and add project milestones precedent to closing escrow. In 2022, the Developer obtained all project and financing approvals. Construction will now begin in 2023. To that end, the Developer request more time to complete the prerequisites to obtain building permits from the Planning and Building Divisions precedent to construction.

The current amended DDA provides a close of escrow date of February 10, 2023. Staff recommends an amendment of that date until August 1, 2023, to give the Developer sufficient time complete all requirements to close escrow and initiate construction.

DISCUSSION
The Redevelopment Agency to the City of Fairfield purchased the property from the City of Fairfield in 2010 for future housing development. In 2013, after the dissolution of the Redevelopment Agency, the property was transferred to the FHA to continue efforts to find a suitable housing developer.

On February 4, 2020, the FHA approved Resolution HA202002 approving the DDA for a development proposal for a +162unit mixedincome housing project. Subsequent negotiations regarding an adjustment on the sale price due to soil conditions at the site resulted in the agreement to adjust the Packet Page 7 of 154

Agenda Item No: 3.AGENDA REPORTDATE:March 7, 2023 TO:Fairfield Housing Authority Chair and CommissionersFROM:David Gassaway, Executive DirectorSUBJECT:Resolution HA202301 of the Fairfield Housing Authority Approving the ThirdAmendment to the Disposition and Development Agreement by and Among theFairfield Housing Authority, Affordable Housing Alliance II, Inc., and Sutton PlaceDevelopment Corp. for Land Located at 1600 Woolner Avenue, Fairfield, CARECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAffordable Housing Alliance II, Inc. and Sutton Place Development Corp (collectively, "Developer")entered into a Disposition and Development Agreement (DDA) with the Fairfield Housing Authority(FHA), dated February 10, 2020. According to the DDA, the FHA agreed to sell 1600 Woolner Ave. tothe Developer upon the satisfaction of certain conditions, including affordable housing development.Subsequently, the DDA was amended twice to extend the close of escrow dates and add projectmilestones precedent to closing escrow. In 2022, the Developer obtained all project and financingapprovals. Construction will now begin in 2023. To that end, the Developer request more time tocomplete the prerequisites to obtain building permits from the Planning and Building Divisionsprecedent to construction. The current amended DDA provides a close of escrow date of February 10, 2023. Staff recommendsan amendment of that date until August 1, 2023, to give the Developer sufficient time complete allrequirements to close escrow and initiate construction.DISCUSSIONThe Redevelopment Agency to the City of Fairfield purchased the property from the City of Fairfield in2010 for future housing development. In 2013, after the dissolution of the Redevelopment Agency, theproperty was transferred to the FHA to continue efforts to find a suitable housing developer. On February 4, 2020, the FHA approved Resolution HA202002 approving the DDA for a development proposal for a +162unit mixedincome housing project. Subsequent negotiations regarding an adjustment on the sale price due to soil conditions at the site resulted in the agreement to adjust the sales price based on updated appraisals and bid estimates for the required soil engineering work. In addition, COVID19 negatively impacted the financial markets, and the Developer expended more time than expected securing project financing.

On January 19, 2021, the FHA approved Resolution HA202102 approving the First Amendment to the DDA, extending the Close of Escrow to February 10, 2022. Based on the appraisal completed then, the property's purchase price was determined to be $1,500,000 minus a credit of $400,000 for the required soil engineering work. The market value of the property will be updated prior to the close of escrow.

On February 15, 2022, the FHA approved Resolution HA202201 approving the Second Amendment to the DDA, extending the close of escrow date to February 10, 2023. The Third Amendment to the DDA will extend the term of the agreement to August 1, 2023. Other terms of the original DDA and Amendments will remain the same.

FINANCIAL IMPACT
The Buyer will pay the FHA an estimated Purchase Price of $1,500,000 minus the $400,000 credit for the soil engineering work, subject to an updated market appraisal. The net proceeds will be deposited into the FHA's LowMod Income Housing Fund (Fund 022, Organization Code 99000, Project 2211).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The FHA may choose not to approve the Third Amendment to the Disposition and Development Agreement. However, this would require staff to put the property back on the market, attempt to secure another housing developer, and extend the development of the property further into the future.

STAFF CONTACT
LaTanna Jones, Director of Housing Services
(707) 4277647
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/16/2023 10:56 AM
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FAIRFIELD HOUSING AUTHORITY

RESOLUTION NO. HA2023-01

RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY APPROVING THE THIRD AMENDMENT

TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE FAIRFIELD HOUSING AUTHORITY, AFFORDABLE HOUSING ALLIANCE II, INC., AND SUTTON PLACE DEVELOPMENT CORP. FOR LAND LOCATED AT 1600 WOOLNER AVENUE, FAIRFIELD, CA

WHEREAS, the City of Fairfield approved the formation of the Fairfield Housing Authority (FHA) in November 1968 under Resolution HA68-01 to transact business and exercise its powers in its area of operation; and

WHEREAS, the Fairfield Redevelopment Agency purchased land from the City located at 1600 Woolner Avenue (Property); and

WHEREAS, in 2013, the Property was transferred from the Successor Agency to the Fairfield Redevelopment Agency to the Fairfield Housing Authority; and

WHEREAS, on February 4, 2020, the FHA adopted Resolution HA2020 -02 approving the Disposition and Development Agreement by and among the FHA, Affordable Housing Alliance II, Inc., and Sutton Place Development Corp., dated February 10, 2020 (DDA) for the sale of the Property to Affordable Housing Alliance II, Inc. and Sutton Place Development Corp. (collectively, Developer) to develop a mixed-income housing project; and

WHEREAS, on January 19, 2021, the FHA adopted Resolution HA2021 -02 approving the First Amendment to the DDA by and among the FHA, Affordable Housing Alliance II, Inc., and Sutton Place Development Corp., extending the close of escrow to February 10, 2022, and subjecting the sales price to the latest market appraised value at the time of close. The appraised value and purchase price at the time of that resolution was $1,500,000 minus a credit of $400,000 for required soil engineering work; and

WHEREAS, On February 15, 2022, the FHA approved Resolution HA2022-01 approving the Second Amendment to the DDA, extending the close of escrow date to February 10, 2023 ; and

WHEREAS, the contemplated residential development is being undertaken pursuant to the Heart of Fairfield Specific Plan (Specific Plan), for which an Environmental Impact Report (EIR) was certified by the City Council on May 2, 2017 ; and

WHEREAS, disposition of the Property and the proposed development is in conformance with the Specific Plan, and none of the events described in Section 15162 of the California Environmental Quality Act (CEQA) Guidelines have occurred ; and

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RES. NO. HA2023-01

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WHEREAS, the FHA and the Developer have negotiated a Third Amendment (Third Amendment) to the DDA to, among other things, extend the term of the DDA and adjust performance milestones; and

WHEREAS, the FHA wishes to approve the Third Amendment and has determined that it is in the best interest of the public's health, safety, and welfare to do so .

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The foregoing recitals are true and correct and are a substantive part of this resolution.

Section 2. The executive director is hereby authorized to execute and deliver, for and in the name of the FHA, the Third Amendment in substantially the form attached hereto and incorporated herein by reference with such non -substantive changes therein as the Executive Director may approve (such approval to be conclusively evidenced by the execution and delivery thereof).

Section 3. The officers and staff of the FHA are hereby authorized, jointly and severally, to do all things they may deem necessary or proper to effectuate the purposes of this resolution.

Section 4. The FHA's approval of this resolution and execution of the Third Amendment is exempt from environmental review under the CEQA, namely Section 15182 of the CEQA Guidelines and Section 65457 of the Government Code.

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COMMISSIONERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

CHAIR

ATTEST:

____________________________

SECRETARY
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Agenda Item No: 4.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202337 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 Packet Page 13 of 154

Agenda Item No: 4.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202337 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 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

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

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

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

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/23/2023 8:26 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-37

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
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RES. NO. 2023-37

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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 16 of 154Attachment 1 Page 2 of 3

RES. NO. 2023-37

Page 3 ends

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

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

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

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

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 17 of 154Attachment 1 Page 3 of 3

Agenda Item No: 5.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202338 of the City Council of the City of Fairfield Approving Amendments to the City of Fairfield Conflict of Interest Code
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Government Code Section 87306 requires amending the City’s Conflict of Interest Code whenever new positions are created or in the event of any reclassification, renaming, or deletion of previously designated positions (those positions that involve the making or participation in the making of decisions that may have a foreseeable material effect on any financial interest). The attached resolution satisfies the requirements of this Government Code section.

DISCUSSION
Government Code Section 87306 requires a local agency to amend the Conflict of Interest Code whenever a change occurs that affects the code. The types of changes that warrant amendments include:

1. The creation of a new position which involves the making of, or participation in the making of, decisions which may foreseeably have a material effect on any financial interest; and/or

2. The reclassification, renaming, or deletion of a previously designated position.

Annually, City department heads should review the list of positions required to file a Conflict of Interest Code to determine necessary amendments.

The City last revised its Conflict of Interest Code in Resolution 202223. The resolution contained the list of designated positions, assigned disclosure categories, and described the disclosure categories.

The following amendments are now proposed:

Remove the following positions from the list of designated positions in Exhibit A:

Administrative Analyst
Packet Page 18 of 154

Agenda Item No: 5.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202338 of the City Council of the City of Fairfield Approving Amendmentsto the City of Fairfield Conflict of Interest CodeRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code Section 87306 requires amending the City’s Conflict of Interest Code whenever newpositions are created or in the event of any reclassification, renaming, or deletion ofpreviously designated positions (those positions that involve the making or participation in the makingof decisions that may have a foreseeable material effect on any financial interest). The attachedresolution satisfies the requirements of this Government Code section.DISCUSSIONGovernment Code Section 87306 requires a local agency to amend the Conflict of Interest Codewhenever a change occurs that affects the code. The types of changes that warrant amendmentsinclude:1. The creation of a new position which involves the making of, or participation in the making of,decisions which may foreseeably have a material effect on any financial interest; and/or2. The reclassification, renaming, or deletion of a previously designated position.Annually, City department heads should review the list of positions required to file a Conflict of InterestCode to determine necessary amendments.The City last revised its Conflict of Interest Code in Resolution 202223. The resolution contained thelist of designated positions, assigned disclosure categories, and described the disclosure categories.The following amendments are now proposed:

Remove the following positions from the list of designated positions in Exhibit A:

Administrative Analyst
Assistant Civil Engineer
Chief Information Officer
Development Specialist
Housing Authority Member (NonCouncil)
Park Planning Manager
Parks & Recreation Manager
Senior Transportation Planner
Vehicle Maintenance Manager
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose to not approve the proposed changes.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Proposed Changes
Exhibit B Summary of Categories
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/16/2023 2:33 PM
Packet Page 19 of 154

CITY OF FAIRFIELD

RESOLUTION NO. 2023-38

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD

APPROVING AMENDMENTS TO THE CITY OF FAIRFIELD CONFLICT OF INTEREST CODE

WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., (the “Political Reform Act”) requires local agencies to adopt and promulgate a Conflict of Interest Code; and

WHEREAS, the Political Reform Act requires local agencies to perform a biennial review of their agency’s Conflict of Interest Code; and

WHEREAS, Government Code Section 87306 requires local agencies to amend its Conflict of Interest Code whenever new positions are created or when job reclassifications which rename or delete previously designated positions are made; and

WHEREAS, the City Council of the City of Fairfield has adopted and amended from time to time a Conflict of Interest Code, with the most recent Code adopted by Resolution 2022-23.

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

Section 1. The City Council rescinds Resolution 2022-23 and approves and adopts the attached list showing the designated positions and assigned disclosure categories for the Conflict of Interest Code for the City of Fairfield and its Affiliated Agencies.

Section 2. The City Council adopts the Summary of Disclosures, as attached hereto, summarizing the disclosure categories for the Conflict of Interest Code for the City of Fairfield and its Affiliated Agencies.

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS______

NOES: COUNCILMEMBERS: ______________________________________________________

ABSENT: COUNCILMEMBERS: ______________________________________________________

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK

Packet Page 20 of 154Attachment 1 Page 1 of 1

EXHIBIT A

CONFLICT OF INTEREST CODE

CITY OF FAIRFIELD AND ITS AFFILIATED AGENCIES

March 7, 2023

Position Category
Accounting Manager 1, 2, 4
Administrative Analyst 1, 2, 3, 4
Assistant City Attorney 1, 2, 3, 4
Assistant City Manager 1, 2, 3, 4
Assistant to the City Manager 1, 2, 3, 4
Assistant Civil Engineer 1, 2, 3, 4
Assistant Engineer 1, 2, 3, 4
Assistant Planner 1, 2, 3
Assistant Public Works Director 1, 2, 3, 4
Associate Civil Engineer 1, 2, 3, 4
Associate Planner 1, 2, 3
Battalion Chief 1, 2
Budget Officer 1, 2, 4
Building Inspector 1, 2, 3
Building Inspector Supervisor 1, 2, 3
Building Maintenance Manager 2, 3, 4
Chief Building Official 3
Chief of Police 1, 2
Chief Information Officer 4
City Clerk 1, 2, 3, 4
Code Enforcement Officer 1, 2
Code Enforcement Supervisor 1, 2
Communications Manager 1, 2, 3, 4
CDBG Advisory Committee Member 1, 2, 3, 4
Consultants* 1, 2, 3, 4
Crime Prevention Specialist 1, 2
Deputy Fire Chief 1, 2
Development Specialist 1, 2, 3
Director of Housing Services 1, 2, 3, 4
Director of Human Resources 1, 2, 3, 4
Director of Information Technology 1, 2, 3, 4
Director of Parks & Recreation 1, 2, 3, 4
Director of Community Development 1, 2, 3, 4
Director of Finance 1, 2, 3, 4
Director of Public Works 1, 2, 3, 4
Packet Page 21 of 154Attachment 2 Page 1 of 3

Dispatch Manager 1, 2, 3, 4
Economic Development Division Manager 1, 2, 3, 4
Economic Development Project Manager 1, 2, 3, 4
Economic Development Specialist 1, 2, 3
Executive Office Manager 1, 2, 3, 4
Human Resources Manager 1, 2, 3, 4
Financial Services Manager 1, 2, 4
Finance Support Supervisor 1, 2, 4
Fire Chief 1, 2
Fire Inspector (for code enforcement, plan review,
or inspection 1, 2, 3
Fire Prevention Supervisor 1, 2, 3
Fleet Division Manager 1, 2, 3, 4
Homeless Services Manager 1, 2, 3, 4
Housing Authority Member (non-Council) 1, 2, 4
Housing Division Manager 1, 2, 3, 4
Housing Finance Analyst 1, 2, 3, 4
Housing Specialist 1, 2, 3, 4
I.T. Analyst 1, 2, 3, 4
I.T. Manager 1, 2, 3, 4
Landscape Maintenance Manager 1, 2, 3, 4
Management Analyst 1, 2, 3, 4
Operations Superintendent 1, 2, 3, 4
Park Planning Manager 1, 2, 3, 4
Parks & Recreation Manager 1, 2, 3, 4
Parks & Recreation Superintendent 1, 2, 3, 4
Parks & Recreation Supervisor 1, 2, 3, 4
Permit Center Supervisor 1, 2, 3
Planning Division Manager 1, 2, 3, 4
Police Captain 1, 2, 3, 4
Police Communications Manager 1, 2
Police Community Engagement Manager 1, 2
Police Lieutenant 1, 2
Police Records and Property Manager 1, 2
Principal Accountant 1, 2, 3, 4
Principal Planner 1, 2, 4
Public Works Construction Manager 1, 2, 3, 4
Public Works Inspector 1, 2, 3, 4
Risk Manager 1, 2, 3, 4
Senior Civil Engineer 1, 2, 3, 4
Senior Economic Development Project Manager 1, 2, 3, 4
Packet Page 22 of 154Attachment 2 Page 2 of 3

Senior Management Analyst 1, 2, 3, 4
Senior Management Analyst/Police 1, 2, 3, 4
Senior Planner 1, 2, 3, 4
Senior Housing Project Manager 1, 2, 3, 4
Senior Transportation Planner 1, 2, 3, 4
Street Maintenance Manager 1, 2, 3, 4
Traffic Engineer 1, 2, 3, 4
Transit Operations Manager 3, 4
Transportation Manager 1, 2, 4
Vehicle Maintenance Manager 1, 2, 3, 4
Water Distribution Manager 2, 4
Water Treatment Manager 2, 4

*Bold represents added positions, and strikethroughs represent deleted positions.

Disclosure for the following positions is regulated by State law:

City Attorney
City Manager
Mayor and Council
Planning Commissioner
City Treasurer

*The city attorney may determine in writing that a particular consultant. However, a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section . The such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The city attorney’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Packet Page 23 of 154Attachment 2 Page 3 of 3

EXHIBIT B
City of Fairfield
Conflict of Interest Code
Summary of Categories
As of March 7, 2023

Category 1. Persons in this category shall disclose interests in real property if the real property is located in the city of Fairfield.

Category 2. Persons in this category shall disclose income from sources of income and business entities in which he/she has an investment if the business entity or source of income owns real property within the city of Fairfield and does business within the city of Fairfield.

Category 3. Persons in this category shall disclose income from sources of income and business entities in which he/she has an investment if the source of income or business entity is in the construction or building industry within the city of Fairfield.

Category 4. Persons in this category shall disclose income from sources of income and investments in business entities in which he/she has an investment if the source of income or business entity within the previous two years provided services, equipment, lease space, materials, or supplies to the City of Fairfield, Fairfield Housing Authority, or Successor Agency to the Fairfield Redevelopment Agency.

Packet Page 24 of 154Attachment 3 Page 1 of 1

Agenda Item No: 6.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202339 of the City Council of the City of Fairfield Approving the Appointment of a Director and Alternative Director from the City of Fairfield City Council to Serve on the Marin Clean Energy Board of Directors
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On November 16, 2021, the City Council approved Resolution No. 2021285 appointing Councilwoman Doriss Panduro as the regular Director to represent the City of Fairfield (City) on the Marin Clean Energy (MCE) Board of Directors, and Councilman Scott Tonnesen as the alternate Director. The council desires to edit these appointments. The proposed resolution would finalize the appointment of Councilwoman K. Patrice Williams as the regular Director, and Councilman Doriss Panduro as the alternate Director, to serve on the MCE Board of Directors, as initiated per Resolution No. 202320.

DISCUSSION
In December 2019, the City and MCE executed a memorandum of understanding which allowed the City to join MCE’s service program. The California Public Utilities Commission formally accepted MCE’s Implementation Plan to include the City on March 8, 2021. On November 16, 2021, council approved Resolution No. 2021285 and appointed Councilwoman Doriss Panduro as the regular Director to represent the City of Fairfield on MCE Board of Directors, and Councilman Scott Tonnesen as the alternate Director. In April 2022, MCE became the primary provider for electricity generation for the City.

MCE is governed by a board comprised of one elected councilmember, or supervisor, from each member community. As a member, the City is entitled to a voting seat on the MCE Board (Board). The Board generally meets on the third Thursday of each month at 7:00 p.m. to determine policy and administration decisions for MCE. The Board may not meet each month, but the meetings dates are reserved each month in case urgent matters arise. Due to the COVID19 pandemic, Board meetings are currently being held virtually. Prior to the pandemic, meetings alternated between MCE offices in San Rafael and Concord. MCE has indicated that meetings will remain virtual for the foreseeable future.

Packet Page 25 of 154

Agenda Item No: 6.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202339 of the City Council of the City of Fairfield Approving theAppointment of a Director and Alternative Director from the City of Fairfield City Councilto Serve on the Marin Clean Energy Board of DirectorsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn November 16, 2021, the City Council approved Resolution No. 2021285 appointing CouncilwomanDoriss Panduro as the regular Director to represent the City of Fairfield (City) on the Marin CleanEnergy (MCE) Board of Directors, and Councilman Scott Tonnesen as the alternate Director. Thecouncil desires to edit these appointments. The proposed resolution would finalize the appointment ofCouncilwoman K. Patrice Williams as the regular Director, and Councilman Doriss Panduro as thealternate Director, to serve on the MCE Board of Directors, as initiated per Resolution No. 202320. DISCUSSIONIn December 2019, the City and MCE executed a memorandum of understanding which allowed theCity to join MCE’s service program. The California Public Utilities Commission formally acceptedMCE’s Implementation Plan to include the City on March 8, 2021. On November 16, 2021, councilapproved Resolution No. 2021285 and appointed Councilwoman Doriss Panduro as the regularDirector to represent the City of Fairfield on MCE Board of Directors, and Councilman Scott Tonnesenas the alternate Director. In April 2022, MCE became the primary provider for electricity generation forthe City.MCE is governed by a board comprised of one elected councilmember, or supervisor, from eachmember community. As a member, the City is entitled to a voting seat on the MCE Board (Board). TheBoard generally meets on the third Thursday of each month at 7:00 p.m. to determine policy andadministration decisions for MCE. The Board may not meet each month, but the meetings dates arereserved each month in case urgent matters arise. Due to the COVID19 pandemic, Board meetings are currently being held virtually. Prior to the pandemic, meetings alternated between MCE offices in San Rafael and Concord. MCE has indicated that meetings will remain virtual for the foreseeable future.

The council has indicated desire to edit the regular Director and alternate Director positions. Per Section 4.2.1 of the MCE Implementation Plan, the governing body of each jurisdiction (city council) is required to appoint and designate in writing one regular Director and one alternate Director; this would be accomplished by adoption of the attached resolution. The city's Director will be authorized to act for and on behalf of the City on matters within the powers of the authority. The alternate Director may vote on matters when the regular Director is absent from a Board meeting. These designations may be revoked at any time upon written notice of the governing body.

FINANCIAL IMPACT
There is no fiscal impact associated with this appointment.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff may provide the necessary additional information or documents.

STAFF CONTACT
Corey Beavers, Management Analyst II
(707) 4287528
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Proposed Resolution
Resolution No. 2021285
Resolution No. 202320
REVIEWERS:

Reviewer Action Date
Hether, Michael Rejected 2/16/2023 5:35 PM
Hether, Michael Approved 2/16/2023 8:02 PM
Panganiban, Ryan Approved 2/16/2023 8:29 PM
Beavers, Esther Approved 2/21/2023 5:43 PM
Beavers, Esther Approved 2/21/2023 5:43 PM
Packet Page 26 of 154

CITY OF FAIRFIELD

RESOLUTION NO. 2023-39

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

APPOINTMENT OF A DIRECTOR AND ALTERNATE DIRECTOR FROM THE CITY OF FAIRFIELD CITY

COUNCIL TO SERVE ON THE MARIN CLEAN ENERGY BOARD OF DIRECTORS

WHEREAS, on December 3, 2019, the City Council adopted Resolution No. 2019-288 requesting membership in Marin Clean Energy (MCE), a community choice aggregation program and joint powers authority; and

WHEREAS, a memorandum of understanding was executed between the City of Fairfield (City) and MCE; and

WHEREAS, subsequently the City became a Party to MCE; and

WHEREAS, the California Public Utilities Commission formally accepted MCE’s Implementation Plan to include the City on March 8, 2021; and

WHEREAS, the MCE is governed by a Board of Directors, comprised of one elected Councilmember or Supervisor from each member community; and

WHEREAS, MCE is governed by a Joint Powers Authority Agreement whereby a Party to the MCE may appoint and designate in writing a regular Director and Alternate Director to serve as the City representatives at MCE Board meetings; and

WHEREAS, the regular Director and Alternate Director must be members of a Party’s governing board; and

WHEREAS, per the Joint Powers Authority Agreement, the regular Director shall be authorized to act for and on behalf of the City on matters within the powers of the authority and the Alternate Director shall be authorized to vote on matters when the regular Director is absent from an MCE Board Meeting; and

WHEREAS, on November 16, 2021, the council adopted Resolution No. 2021-285 appointing Councilmember Doriss Panduro as the regular Director, and Councilmember Scott Tonnesen as the Alternate Director; and

WHEREAS, on February 3, 2023, the council adopted Resolution No. 2023-20 recommending Councilmember K. Patrice Williams as the appointed regular Director, and Councilmember Doriss Panduro as the Alternate Director; and

WHEREAS, the council desires to update these appointments as allowed per Sections 4.2.1 and

4.3 of the MCE Implementation Plan.

Packet Page 27 of 154Attachment 1 Page 1 of 2

RES. NO. 2023-39

Page 2 ends

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

Section 1. The council hereby appoints K. Patrice Williams as the regular Director to represent the City of Fairfield on the MCE Board of Directors.

Section 2. The council hereby appoints Doriss Panduro as the Alternate Director to represent the City of Fairfield on the MCE Board of Directors.

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________________
MAYOR
ATTEST:

____________________________

CITY CLERK

Packet Page 28 of 154Attachment 1 Page 2 of 2

CITY OF FAIRFIELD
RESOLUTION NO. 2021-285

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

APPOINTMENT OF A DIRECTOR AND ALTERNATE DIRECTOR FROM THE CITY OF FAIRFIELD CITY

COUNCIL TO SERVE ON THE MARIN CLEAN ENERGY BOARD OF DIRECTORS WHEREAS, on December 3, 2019, the City Council adopted Resolution No. 2019-288 requesting membership in Marin Clean Energy (MCE), a community choice aggregation program and joint powers authority (JPA); and
WHEREAS, a memorandum of understanding was executed between the City of Fairfield and MCE; and
WHEREAS, subsequently the City of Fairfield became a party to MCE; and WHEREAS, the California Public Utilities Commission formally accepted MCE's Implementation Plan to include the City of Fairfield on March 8, 2021; and WHEREAS, the MCE is governed by a Board of Directors (Board) comprised of one elected councilmember or supervisor from each member community; and WHEREAS, MCE is governed by a JPA agreement whereby a party to the MCE may appoint and designate in writing a regular director and alternate director to serve as City of Fairfield representatives at MCE Board meetings; and
WHEREAS, the regular director and alternate director must be members of a party's governing board; and
WHEREAS, per the JPA agreement, the regular director shall be authorized to act for and on behalf of the City of Fairfield on matters within the powers of the authority, and the alternate director shall be authorized to vote on matters when the regular director is absent from an MCE Board meeting.

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

Section 1. The council hereby appoints Doriss Panduro as the regular director to represent the City of Fairfield on the MCE Board.

Section 2. The council hereby appoints Scott Tonnesen as the alternate director to represent the City of Fairfield on the MCE Board.

Packet Page 29 of 154Attachment 2 Page 1 of 2

RES. NO. 2021-285

Page 2 ends

PASSED AND ADOPTED this 16th day of November, 2021, by the following vote:

AYES: COUNCILMEMBERS: PRICE/ BERTANI/MOY/PANDURO/TIMM/TONNESEN/VACCARO NOES: COUNCILMEMBERS: kiotle_
ABSENT: COUNCILMEMBERS: !V On'
ABSTAIN: COUNCILMEMBERS: VO ne.

VaA-t-4 1/76/4....c.

MAYOR
ATTEST:
aZ• R,_

CITY CLERK
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Agenda Item No: 7.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202340 of the City Council of the City of Fairfield Vacating the Waterline Easement Lying Within 1420 Travis Boulevard (Raising Cane’s Development) RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Sears parcel, located at 1420 Travis Boulevard, is being divided into two parcels. The smaller of the two, on assessor’s parcel number 0033240030, will be developed as a Raising Cane’s commercial drivethru restaurant. The City of Fairfield (City) is required to vacate any unused public easements on this parcel. The City owns an existing reclaimed waterline easement that has never been improved and is no longer needed. The recommended action authorizes the vacation of this easement.

DISCUSSION
The City owns a 20foot wide approximately 60footlong easement for reclaimed water pipeline purposes. The easement was conveyed to the City in 1988, however the reclaimed water facilities were not constructed nor is future reclaimed water infrastructure anticipated in this area. The City is looking into the viability of recycled water elsewhere. This easement conflicts with the developer’s proposed drivethru and a portion of their restaurant building for Raising Cane’s. Approval of this resolution will formally remove this easement, providing the developer with better use of the parcel.

FINANCIAL IMPACT
All costs associated with the preparation and recordation of the easement vacation will be borne by the proposed developer.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Chapter 9 of the California Streets and Highways Code authorizes the City Council to vacate public easements if they are not required for utility purposes. Staff agrees the proposed vacation is appropriate.

Packet Page 36 of 154

Agenda Item No: 7.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202340 of the City Council of the City of Fairfield Vacating the WaterlineEasement Lying Within 1420 Travis Boulevard (Raising Cane’s Development)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Sears parcel, located at 1420 Travis Boulevard, is being divided into two parcels. The smaller ofthe two, on assessor’s parcel number 0033240030, will be developed as a Raising Cane’scommercial drivethru restaurant. The City of Fairfield (City) is required to vacate any unused publiceasements on this parcel. The City owns an existing reclaimed waterline easement that has neverbeen improved and is no longer needed. The recommended action authorizes the vacation of thiseasement. DISCUSSIONThe City owns a 20foot wide approximately 60footlong easement for reclaimed water pipelinepurposes. The easement was conveyed to the City in 1988, however the reclaimed water facilitieswere not constructed nor is future reclaimed water infrastructure anticipated in this area. The City islooking into the viability of recycled water elsewhere. This easement conflicts with the developer’sproposed drivethru and a portion of their restaurant building for Raising Cane’s. Approval of thisresolution will formally remove this easement, providing the developer with better use of the parcel. FINANCIAL IMPACTAll costs associated with the preparation and recordation of the easement vacation will be borne by theproposed developer.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONChapter 9 of the California Streets and Highways Code authorizes the City Council to vacate public easements if they are not required for utility purposes. Staff agrees the proposed vacation is appropriate.

ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary background information.

STAFF CONTACT
Trisha Curran, Senior Engineering Technician
(707) 4287471
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Vicinity Map
Easement Location
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/16/2023 5:24 PM
Beavers, Esther Approved 2/16/2023 5:39 PM
Beavers, Esther Approved 2/16/2023 5:40 PM
Packet Page 37 of 154

CITY OF FAIRFIELD

RESOLUTION NO. 2023-40

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD VACATING THE WATERLINE EASEMENT LYING WITHIN 1420 TRAVIS BOULEVARD (RAISING CANE’S DEVELOPMENT)

WHEREAS, Chapter 4 of the California Streets and Highways Code, Division 9, Part 3, authorizes the City Council to summarily vacate streets, highways, and public service easements if said easements or portions thereof are not required for street and utility purposes; and

WHEREAS, the City of Fairfield (City) has an easement for waterline purposes that affects the parcel known as Assessor’s Parcel Number 0033-240-030, which was conveyed to the City on October 25, 1988, and recorded in Book 1988, page 140036, Instrument No. 64257; and

WHEREAS, this easement has not been used for the purposes for which it was created; and

WHEREAS, pursuant to California Streets and Highways Code Section 8334(a), the City has determined this waterline easement is no longer needed for public purposes.

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

Section 1. The council finds and determines that the recitals contained herein are true and correct.

Section 2. The council finds that the vacation of the waterline easement is consistent with the City’s General Plan.

Section 3. Pursuant to the authority granted in Section 8330 et seq. of the California Streets and Highways Code, the council orders the summary vacation of the waterline easement and any and all interests the City may have therein. Upon the recordation of this resolution, the waterline easement is hereby vacated and shall no longer constitute a public easement of the City.

Section 4. The City Clerk shall:
(a) Certify to the adoption of this resolution;
(b) Cause a certified copy of this resolution to be recorded in the Office of the Recorder of the County of Solano in accordance with the provisions of California Streets and Highways Code, Section 8336; and

(c) Within 15 days of the adoption of this resolution, give written notice of the vacation to any local agency requesting such notice pursuant to the applicable law.

Packet Page 38 of 154Attachment 1 Page 1 of 2

RES. NO. 2023-40

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PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY/ BERTANI / CARR / PANDURO / TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

__________________________

CITY CLERK

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Agenda Item No: 8.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202341 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Contribution Agreement between the City of Fairfield and the Solano Transportation Authority for the Purchase of Solano Express Intercity Bus Replacements
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield is one of seven contributing Solano County funding partners for Solano Express intercity commuter service. In coordination with funding partners, Solano Transportation Authority (STA) developed a capital replacement plan for Solano Express buses. Fairfield’s Solano Express bus replacement plan contribution is $2,595,974 for July 1, 2022June 30, 2024. Solano County Transit (SolTrans) is the current Solano Express service operator and would use Fairfield’s contribution to procure new commuter buses.

DISCUSSION
Solano Express intercity commuter service serves Solano County cities (except Rio Vista), UC Davis, Sacramento, and the El Cerrito del Norte and Walnut Creek BART stations. This service is funded through annual contributions by the following Solano County agencies:

City of Fairfield
County of Solano
City of Dixon
City of Vacaville
Solano Transportation Authority (STA)
SolTrans commuter buses have a useful life of 12 years. In 2013, Solano Express funding partners began developing an intercity bus fleet replacement plan to ensure all commuter buses were replaced at, or shortly after, their useful life whenever possible. STA coordinated this process initially and manages the ongoing process. With this agreement, the City of Fairfield would contribute $2,595,974 using a combination of its Federal Transit Administration (FTA) 5307 and FTA 5339 funding for intercity bus purchases as shown below:

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Agenda Item No: 8.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202341 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Contribution Agreement between the City of Fairfield and theSolano Transportation Authority for the Purchase of Solano Express Intercity BusReplacements RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield is one of seven contributing Solano County funding partners for Solano Expressintercity commuter service. In coordination with funding partners, Solano Transportation Authority (STA)developed a capital replacement plan for Solano Express buses. Fairfield’s Solano Express busreplacement plan contribution is $2,595,974 for July 1, 2022June 30, 2024. Solano County Transit(SolTrans) is the current Solano Express service operator and would use Fairfield’s contribution toprocure new commuter buses.DISCUSSIONSolano Express intercity commuter service serves Solano County cities (except Rio Vista), UC Davis,Sacramento, and the El Cerrito del Norte and Walnut Creek BART stations. This service is fundedthrough annual contributions by the following Solano County agencies:City of FairfieldCounty of SolanoCity of DixonCity of VacavilleSolano Transportation Authority (STA)SolTrans commuter buses have a useful life of 12 years. In 2013, Solano Express funding partnersbegan developing an intercity bus fleet replacement plan to ensure all commuter buses were replacedat, or shortly after, their useful life whenever possible. STA coordinated this process initially and manages the ongoing process. With this agreement, the City of Fairfield would contribute $2,595,974 using a combination of its Federal Transit Administration (FTA) 5307 and FTA 5339 funding for intercity bus purchases as shown below:

FTA 5339 FY 2021
22:
$308,398
FTA 5339 FY 2022
23:
$ 320,588
FTA 5307 FY 2022
23:
$1,966,988
Total:$2,595,974
FINANCIAL IMPACT
No City general funds would be used.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to execute this agreement. However, not replacing buses that have exceeded their useful life could affect the safety of Fairfield residents utilizing Solano Express.

STAFF CONTACT
Diane Feinstein, Transportation Manager
(707) 4343808
[email protected]
COORDINATED WITH
City Attorney's Office, Solano Transportation Authority, and Solano County Transit ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 2/21/2023 1:07 PM
Beavers, Esther Approved 2/21/2023 5:45 PM
Beavers, Esther Approved 2/21/2023 8:32 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-41

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRIBUTION AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND

THE SOLANO TRANSPORTATION AUTHORITY FOR THE PURCHASE OF SOLANO EXPRESS

INTERCITY BUS REPLACEMENTS

WHEREAS, the City of Fairfield (City) currently contributes annually to Solano Express Intercity Bus Service; and

WHEREAS, as a Solano Express funding partner, the City understands the importance of intercity bus replacement to ensure the safety of riders; and

WHEREAS, in 2013, Solano Transportation Authority (STA), in coordination with its funding partners, developed a capital replacement plan for Solano Express buses in coordination with its funding partners; and

WHEREAS, an agreement has been developed between the City and STA stating the City will contribute $2,595,974 during the period July 1, 2022 , through June 30, 2024, for purchase of Solano Express replacement buses; and

WHEREAS, Federal Transit Administration (FTA) funds totaling $2,595,974 from the City will be used for purchase of Solano Express replacement buses.

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

Section 1. The city manager is hereby authorized and directed to execute a Contribution Funding Agreement between the City of Fairfield and Solano Transportation Authority for an amount not to exceed $2,595,974.

Section 2. Solano County Transit will receive City of Fairfield fiscal year (FY) 2021-22 and FY 2022-23 FTA 5339 and FTA 5307 funding totaling $2,595,974 to complete future Solano Express bus purchases.

Section 3. The city manager is hereby authorized to do all necessary steps to implement this resolution.

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RES. NO. 2023-41

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PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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1 CONTRIBUTION AGREEMENT

BETWEEN

THE SOLANO TRANSPORTATION AUTHORITY
AND

CITY OF FAIRFIELD
FOR

THE PURCHASE OF SOLANO EXPRESS INTERCITY BUS REPLACEMENTS

This Contribution Agreement (“Agreement”) is made as of ________________________ between the Solano Transportation Authority, a joint powers authority consisting of the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun, Vacaville and Vallejo, and the County of Solano, (“STA”), and the City of Fairfield, a municipal corporation (“Fairfield”), collectively referred to as the “Parties”.

RECITALS

WHEREAS, STA and its member agencies have coordinated intercity transit services, marketed as Solano Express, with the goal of continuing to provide and enhance intercity transit services throughout Solano County since 1997; and

WHEREAS, Solano Express provides intercity transit service that connects the City of Fairfield to other Solano County cities, the Bay Area and Bay Area Rapid Transit (“BART”), Sacramento, and UC Davis; and

WHEREAS, STA, pursuant to a contract with Solano County Transit (“SolTrans”) operates the Solano Express intercity transit service, and the Solano Express Transit Consortium have identified the need and plan to replace all 35 intercity buses that provide the Solano Express intercity transit service; and

WHEREAS, in furtherance of STA and its member agencies' efforts to stabilize and maintain the Solano Express intercity transit service throughout Solano County, Fairfield desires to contribute funds to subsidize the purchase of buses by the intercity transit providers that provide Solano Express transit service to the residents of Fairfield; and

WHEREAS, Fairfield and STA desire to enter into this Agreement to acknowledge Fairfield’s payment of its share of the cost to purchase and replace its share of the Solano Express buses as depicted in Exhibit A.

AGREEMENT

The Parties agree as follows:

1. Fairfield and STA agree that Fairfield's share of the costs of the replacement of the Solano Express buses is $2,595,974, which will be claimed solely through FTA 5339, 5307, or Fairfield’s Transportation Development Act (“TDA”) fund and not through Fairfield's general fund. Fairfield shall not be required to contribute any additional funds for Solano Express bus replacement cycle period July 1, 2022 through June 30, 2024.

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2 2. This Agreement may be amended only by written agreement executed by the Parties.

No alterations or variation of the terms of this Agreement shall be valid unless made in writing signed by both Parties and no oral understanding or agreement not incorporated into this Agreement shall be binding on either of the Parties.

3. This Agreement shall be interpreted under and governed by the laws of the State of California.

4. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes any previous agreement or understanding.

CITY OF FAIRFIELD

By: ____________________________
David Gassaway, City Manager

SOLANO TRANSPORTATION AUTHORITY

By: ____________________________
Daryl K. Halls, Executive Director

Approved as to Form:

By: ____________________________
City Attorney

Approved as to Form:

By: ____________________________
Bernadette Curry, STA Legal Counsel

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3 Exhibit A
Funding Plan

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Agenda Item No: 9.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202342 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Dutch Bros Coffee) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 62 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the attached resolution will begin the proceedings for the annexation of certain property, known as Dutch Bros Coffee, into Community Facilities District 20122 (CFD 20122). CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

DISCUSSION
By Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos community facilities district, with the intention that future development within the City of Fairfield (City) would annex to this district. The special taxes collected from the property owners within the district are used to fund public safety services, open space operation, and park maintenance.

The property proposed for annexation is owned by Druthers Construction, LLC, BJB Investments, LLC and Slover Investments, LLC and is located north of Travis Blvd and east of Oliver Road within the boundary of assessor’s parcel number 0152280140, as depicted on Exhibit A. The development on the property will be a commercial Dutch Bros Coffee stand. Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

The City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation process. This process is a specialty service that the City has contracted out since 1995, on an individual consultant services basis for each development requiring annexation into a MelloRoos community facilities district.

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Agenda Item No: 9.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202342 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Dutch Bros Coffee) to Community Facilities District No. 20122 andAuthorizing the Levy of Special Taxes Therein for Annexation No. 62RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as Dutch Bros Coffee, into Community Facilities District 20122 (CFD 20122). CFD 20122was established as an annexable district to provide funding to offset the increased cost for public safetyservices, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield (City) would annexto this district. The special taxes collected from the property owners within the district are used to fundpublic safety services, open space operation, and park maintenance.The property proposed for annexation is owned by Druthers Construction, LLC, BJB Investments, LLCand Slover Investments, LLC and is located north of Travis Blvd and east of Oliver Road within theboundary of assessor’s parcel number 0152280140, as depicted on Exhibit A. The development onthe property will be a commercial Dutch Bros Coffee stand. Development of this property will changethe property’s characteristics and manner in which the property will be used, thereby creating a need formore services funded by CFD 20122.The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995, on an individual consultant services basis for each development requiring annexation into a MelloRoos community facilities district.

Adoption of the Resolution of Intention is the first step to annex this property to CFD 20122. This will be the 62nd annexation to the district. The resolution also establishes April 18, 2023, as the public hearing date for the final consideration of the annexation of the property to CFD 20122. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property, beginning in fiscal year (FY) 202324, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment was established as part of the formation of the district and fixed FY 201213 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the current special tax rate for the district.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $280.54, which is based on the FY 202324 maximum special tax rate for commercial property at $0.295 per gross square foot of the building floor area. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the developer and no general fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If council has any questions concerning the required annexation of this development, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Boundary Map
Attachment 3: Exhibit B Rate and Method of Apportionment of Special Tax Attachment 4: Exhibit C Maximum Special Tax Rate
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/16/2023 5:23 PM
Beavers, Esther Approved 2/16/2023 5:37 PM
Beavers, Esther Approved 2/16/2023 5:38 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-42

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (DUTCH BROS COFFEE) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 62

WHEREAS, this City Council has conducted proceedings to establish Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation and Park Maintenance) (CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and

WHEREAS, under the Act, this council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.

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

Section 1. This council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

Section 2. The name of the existing CFD is “Community Facilities District No. 2012 -2 (Public Safety Services, Open Space Operation and Park Maintenance).”

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 24 of Maps of Assessment and Community Facilities Districts at Page 87-100 in the office of the County Recorder, County of Solano, State of California, to which map reference is hereby made, as well as the maps for Annexations 1 through 40 filed in Book 25 of Maps of Assessment and Community Facilities Districts at Pages 8, 12, 14, 19, 20, 31, 33, 34, 35, 38, 44, 45, 51, 53, 54, 57, 58, 59, 65, 64, 66, 68, 72, 73, 76, 77, 78, 79, 80, 81, 83, 84, 89, 90, 93, 94, 95, 96, 97 and 99 and the maps for Annexations 41 through 61 filed in Book 26 of Maps of Assessment and Community Facilities Districts at Pages 2, 4, 5, 6, 7, 13, 14, 15, 18, 24, 25, 26, 34, 35, 40, 41, 42, 54, 55 and 58 which have been filed with the Solano County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 62 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 62 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Solano within fifteen days of the date of adoption of this resolution.

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RES. NO. 2023-42

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Section 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (Services) described in Exhibit A to Resolution No. 2012-233 adopted by the council on the 20th day of November, 2012, (Resolution of Formation). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.

Section 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, and the maximum special tax rate for the 2023-2024 fiscal year is described in Exhibit C. Both Exhibits are hereby incorporated by this reference.

Section 6. Notice is given that on April 18, 2023, at 6:00 p.m., in the regular meeting place of this council, being the Council Chambers, located at 1000 Webster Street, Fairfield, California, the council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

Section 7. The city clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing.

Said notice shall be substantially in the form specified in Section 53339.4 of the Act.

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RES. NO. 2023-42

Page 3 ends

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax of City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2012-13 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of an Assessor’s Parcel, expressed in acres, as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the Country Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries and benefits of City employees whose duties are directly related to administration of the CFD and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the CFD as determined by the City.

“Affordable Residential” or “Affordable Unit(s)” means for each Fiscal Year, any Dwelling Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost, as defined by Health and Safety Code Section 50052.5, or an affordable rent, as defined in Health and Safety Code Section 50053, to lower income households as defined in Health and Safety Code Section 50079.5. Affordable Units will require annual application to the City for verification of their affordable housing status on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. Any Unit not verified and approved by the City as an Affordable Unit shall be classified as Taxable Property for the Fiscal Year in which the Special Tax is being levied. The City will have the authority to approve and establish policies regarding Affordable Units and their status.

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Exhibit B

Page 2 ends

“Annual Escalation Factor” means the annual percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-San Jose area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.

“Assessor's Parcel” means a parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.

“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.

“Certificate of Occupancy” means a certificate issued by the City that authorizes the actual occupancy of a Dwelling Unit for habitation by one or more residents or the occupancy of a Non- residential structure.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

“Commercial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non- residential use located in a commercial zoning district as described in Section 25.22 of the Zoning Ordinance and all other property considered commercial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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Exhibit B

Page 3 ends

“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

“Density” means for each Assessor’s Parcel of Taxable Property the number of Dwelling Units per Acre determined pursuant to City’s Zoning Ordinance, or applicable Specific Plan, or a project- specific approval, whichever reflects the most accurate number of Dwelling Units planned for the project.

“Developed Property” means an Assessor’s Parcel within the CFD for which a Certificate of Occupancy was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units, the amount of Commercial or Office building floor area, and/or the amount of Industrial lot area included in each Certificate of Occupancy for that Assessor’s Parcel.

“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non- residential use only.

“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Affordable Units, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Undeveloped Property and (vi) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.

“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.

“Final Subdivision Map” means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 6610 et seq.), or recordation of a condominium plan pursuant to California Civil Code Section 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“High Density Residential Housing” means all Assessor’s Parcels of Developed Property for which a building permit has been issued as of April 1st preceding the Fiscal Year in which the Special Tax is being levied for a residential structure consisting of two or more Dwelling Units, including, Packet Page 56 of 154Attachment 2 Page 3 of 9

Exhibit B

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but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

“Industrial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial zoning district, as described in Section 25.24 of the Zoning Ordinance, which is not an office or financial institution and all other property considered industrial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Mixed-Use Property” means an Assessor’s Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for non-residential use.

“Multi-Family Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units, intended for development of less than 18 Dwelling Units per Acre, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

“Office Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for an office or financial institution in an industrial zoning district, as described in Section 25.4 of the Zoning Ordinance. Office property includes all office and financial institutions, as described in Table 25- 11 of the Zoning Ordinance and all other property considered office as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Open Space” means any lands and interest in lands of a term of not less than five years, including easements, rights-of-way, and other interests, deemed appropriate for the use as public open space in, around, or adjacent to the City of Fairfield.

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Exhibit B

Page 5 ends

“Open Space Operation” means the estimated and reasonable costs of operating public open space lands including maintenance of improvements, fire control measures, educational programs and park ranger services. The costs for these activities include but not limited to (i) the costs of contracting for open space operation services, (ii) the salaries and benefits of City staff, including staff, that directly provide open space operation services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Open Space Operation Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Open Space Operation applicable to the CFD for such Fiscal Year.

“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

“Park Maintenance” means the estimated and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Park Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Park Maintenance applicable to the CFD for such Fiscal Year.

“Property Owner Association Property” means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

“Proportionately” means for Developed Property, the ratio of the actual Special Tax levied per Unit to the Maximum Special Tax per Unit for Developed Property is equal for all Assessor’s Parcels of Developed Property.

“Public Property” means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the CFD Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Public Property does not include property for which a public agency is a landowner within the meaning of Section 53317(f) of the Act.

Packet Page 58 of 154Attachment 2 Page 5 of 9

Exhibit B

Page 6 ends

“Public Safety Services” means the estimated and reasonable costs of providing police services, fire protection and suppression services, and paramedic services including but not limited to (i) the costs of contracting for police, fire, and paramedic services, (ii) the salaries and benefits of City staff, if the City directly provides police services, fire protection and suppression services, and/or paramedic services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Public Safety Services Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Public Safety Services applicable to the CFD for such Fiscal Year.

“Reserve Fund for Maintenance” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.

“Single-Family Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family Dwelling Unit, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement and shall include Special Taxes levied or to be levied under Sections “C” and “D”, below.

“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to pay for:
(i) the Public Safety Services Requirement; (ii) the Open Space Operation Requirement; (iii) the Park Maintenance Requirement; (iv) reasonable Administrative Expenses; (v) any amounts required to establish or replenish a reserve fund that will not exceed 50% of the Special Tax requirement for that Fiscal Year; (vi) any amounts required to establish or replenish the Reserve Fund for Maintenance to the Reserve Fund for Maintenance Requirement; and (vii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.

“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

Packet Page 59 of 154Attachment 2 Page 6 of 9

Exhibit B

Page 7 ends

“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Certificate of Occupancy has not been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the CFD Administrator.

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, commencing with Fiscal Year 2012-13, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2012-2013, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property or Undeveloped Property. Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, High Density Residential, Mixed-Use Property, Commercial Property, Office Property, or Industrial Property.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $736.77 per Dwelling Unit
2 Multi-Family Residential $503.28 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $489.68 per Dwelling Unit
5 Commercial $0.21 per gross square foot of
building floor area
6 Office $0.07 per gross square foot of
building floor area
7 Industrial $0.02 per net square foot of lot area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be Packet Page 60 of 154Attachment 2 Page 7 of 9

Exhibit B

Page 8 ends

increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2012-13, and for each subsequent Fiscal Year, the CFD Administrator shall calculate the Special Tax Requirement based on the definitions in Section “A” and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:

The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Single- Family Residential, Multi-Family Residential, Mixed-Use Property, High Density Residential, Commercial, Office or Industrial Property.

E. APPEALS

Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Engineer who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons.

Packet Page 61 of 154Attachment 2 Page 8 of 9

Exhibit B

Page 9 ends

F. MANNER OF COLLECTION

Special Taxes levied pursuant to Section “D” above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Packet Page 62 of 154Attachment 2 Page 9 of 9

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

Packet Page 63 of 154Attachment 3 Page 1 of 9

Exhibit B

Page 2 ends

“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

Packet Page 64 of 154Attachment 3 Page 2 of 9

Exhibit B

Page 3 ends

“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

Exhibit B

Page 4 ends

but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

Packet Page 66 of 154Attachment 3 Page 4 of 9

Exhibit B

Page 5 ends

“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

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Exhibit B

Page 6 ends

“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

Packet Page 68 of 154Attachment 3 Page 6 of 9

Exhibit B

Page 7 ends

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be Packet Page 69 of 154Attachment 3 Page 7 of 9

Exhibit B

Page 8 ends

increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

E. APPEALS

Packet Page 70 of 154Attachment 3 Page 8 of 9

Exhibit B

Page 9 ends

F. MANNER OF COLLECTION

G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Packet Page 71 of 154Attachment 3 Page 9 of 9

EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2023-2024

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $1,036.04 per Dwelling Unit 2 Multi-Family Residential $707.71 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $688.58 per Dwelling Unit
5 Commercial $0.295 per gross square foot of
building floor area
6 Office $0.098 per gross square foot of
building floor area
7 Industrial $0.028 per net square foot of lot
area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor as defined in the Rate and Method of Apportionment.

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA).

Packet Page 72 of 154Attachment 4 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202343 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (StorQuest Express Fairfield) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 63 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the attached resolution will begin the proceedings for the annexation of certain property, known as StorQuest Express Fairfield, into Community Facilities District 20122 (CFD 20122). CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

The property proposed for annexation is owned by 1094 Horizon SP, LLC and is located south of Sacramento Northern Railway and west of Horizon Drive within the boundary of assessor’s parcel number 0168320630, as depicted on Exhibit A. The development on the property will be a single story selfstorage facility. Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

Adoption of the Resolution of Intention is the first step to annex this property to CFD 20122. This will Packet Page 73 of 154

Agenda Item No: 10.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202343 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (StorQuest Express Fairfield) to Community Facilities District No.20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 63RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as StorQuest Express Fairfield, into Community Facilities District 20122 (CFD 20122). CFD20122 was established as an annexable district to provide funding to offset the increased cost forpublic safety services, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield (City) would annexto this district. The special taxes collected from the property owners within the district are used to fundpublic safety services, open space operation, and park maintenance.The property proposed for annexation is owned by 1094 Horizon SP, LLC and is located south ofSacramento Northern Railway and west of Horizon Drive within the boundary of assessor’s parcelnumber 0168320630, as depicted on Exhibit A. The development on the property will be a single storyselfstorage facility. Development of this property will change the property’s characteristics and mannerin which the property will be used, thereby creating a need for more services funded by CFD 20122.The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995, on an individual consultant services basis for each development requiringannexation into a MelloRoos community facilities district.

Adoption of the Resolution of Intention is the first step to annex this property to CFD 20122. This will be the 63rd annexation to the district. The resolution also establishes April 18, 2023, as the public hearing date for the final consideration of the annexation of the property to CFD 20122. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property, beginning in fiscal year (FY) 202324, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment was established as part of the formation of the district and fixed FY 201213 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the current special tax rate for the district.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $3,295.47, which is based on the FY 202324 maximum special tax rate for industrial property at $0.028 per net square foot of lot area. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the developer and no general fund monies are used for this effort.

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Reviewer Action Date
Panganiban, Ryan Approved 2/16/2023 5:24 PM
Beavers, Esther Approved 2/16/2023 5:38 PM
Beavers, Esther Approved 2/16/2023 5:39 PM
Packet Page 74 of 154

CITY OF FAIRFIELD

RESOLUTION NO. 2023-43

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO

ANNEX TERRITORY (STORQUEST EXPRESS - FAIRFIELD) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 63

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

Section 1. This council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

Section 2. The name of the existing CFD is “Community Facilities District No. 2012 -2 (Public Safety Services, Open Space Operation and Park Maintenance).”

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 63 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 63 to the CFD, showing Packet Page 75 of 154Attachment 1 Page 1 of 3

RES. NO. 2023-43

Page 2 ends

the territory to be annexed, in the Office of the County Recorder of the County of Solano within fifteen days of the date of adoption of this resolution.

Section 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (Services) described in Exhibit A to Resolution No. 2012-233 adopted by the council on November 20, 2012 (Resolution of Formation). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.

Said notice shall be substantially in the form specified in Section 53339.4 of the Act.

Packet Page 76 of 154Attachment 1 Page 2 of 3

RES. NO. 2023-43

Page 3 ends

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 77 of 154Attachment 1 Page 3 of 3

SACRAMENTO NORTHERN R.R.HORIZON DR.ANNEXATION MAP NO. 63 (STORQUEST EXPRESS - FAIRFIELD)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapAir Base PkwySunsetAvDoverAvClay Bank RdRailroad AvEast Tabor AvCementHill RdSiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 63 (STORQUEST EXPRESS -FAIRFIELD) OF COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLICSAFETY SERVICES, OPEN SPACE OPERATION, AND PARKMAINTENANCE), CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OFCALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITYOF FAIRFIELD AT A REGULAR MEETING, THEREOF, HELD ON THE____________ DAY OF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___, ATTHE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendMap Reference Number1WESTERN ST.1Map Reference NumberAssessors Parcel Number1 0168-320-630Packet Page 78 of 154Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

Packet Page 79 of 154Attachment 3 Page 1 of 9

Exhibit B

Page 2 ends

“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

Packet Page 80 of 154Attachment 3 Page 2 of 9

Exhibit B

Page 3 ends

“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

Exhibit B

Page 4 ends

but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

Packet Page 82 of 154Attachment 3 Page 4 of 9

Exhibit B

Page 5 ends

“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

Packet Page 83 of 154Attachment 3 Page 5 of 9

Exhibit B

Page 6 ends

“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

Packet Page 84 of 154Attachment 3 Page 6 of 9

Exhibit B

Page 7 ends

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be Packet Page 85 of 154Attachment 3 Page 7 of 9

Exhibit B

Page 8 ends

increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

E. APPEALS

Packet Page 86 of 154Attachment 3 Page 8 of 9

Exhibit B

Page 9 ends

F. MANNER OF COLLECTION

G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Packet Page 87 of 154Attachment 3 Page 9 of 9

EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2023-2024

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA).

Packet Page 88 of 154Attachment 4 Page 1 of 1

Agenda Item No: 11.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202344 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Second Amendment to the Disposition and Development Agreement Between the City of Fairfield and Lionext, Inc.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield (City) and Lionext, Inc. (Lionext) entered into a Disposition and Development Agreement on January 20, 2022, and the First Amendment to the Disposition and Development Agreement dated September 29, 2022 (collectively, the DDA), for the purchase of a one acre parcel located at 501 Lopes Road currently owned by the City (Property).

DISCUSSION
The DDA required the close of escrow no later than six months after the date of the execution of the DDA, or March 28, 2023. Lionext requests an extension to the close of escrow. The proposed Second Amendment to Disposition and Development Agreement (Second Amendment) extends the close of escrow for an additional five months from the date of execution of the Second Amendment. In consideration of the Second Amendment, Lionext will deposit into escrow an additional deposit in the amount of $25,000, upon the execution of the Amendment. Lionext will also reimburse the City for the cost of a new appraisal report to ensure the market value of the Property. Payment for the appraisal report is to be deposited into escrow upon receipt of the appraisal report.

The City and Lionext both wish to execute the Second Amendment.

FINANCIAL IMPACT
Upon execution of the Second Amendment, Lionext will pay an additional deposit in the amount of $25,000. The additional deposit will be deposited into escrow and applied to the purchase price at the close of escrow. Lionext will also reimburse the City for a new appraisal report estimated at $1,500.

Payment to be deposited into escrow upon receipt of the appraisal report.

Packet Page 89 of 154

Agenda Item No: 11.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202344 of the City Council of the City of Fairfield Approving and Authorizingthe Execution of the Second Amendment to the Disposition and DevelopmentAgreement Between the City of Fairfield and Lionext, Inc.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield (City) and Lionext, Inc. (Lionext) entered into a Disposition and DevelopmentAgreement on January 20, 2022, and the First Amendment to the Disposition and DevelopmentAgreement dated September 29, 2022 (collectively, the DDA), for the purchase of a one acre parcellocated at 501 Lopes Road currently owned by the City (Property).DISCUSSIONThe DDA required the close of escrow no later than six months after the date of the execution of theDDA, or March 28, 2023. Lionext requests an extension to the close of escrow. The proposed SecondAmendment to Disposition and Development Agreement (Second Amendment) extends the close ofescrow for an additional five months from the date of execution of the Second Amendment. Inconsideration of the Second Amendment, Lionext will deposit into escrow an additional deposit in theamount of $25,000, upon the execution of the Amendment. Lionext will also reimburse the City for thecost of a new appraisal report to ensure the market value of the Property. Payment for the appraisalreport is to be deposited into escrow upon receipt of the appraisal report. The City and Lionext both wish to execute the Second Amendment.FINANCIAL IMPACTUpon execution of the Second Amendment, Lionext will pay an additional deposit in the amount of$25,000. The additional deposit will be deposited into escrow and applied to the purchase price at the close of escrow. Lionext will also reimburse the City for a new appraisal report estimated at $1,500.

Payment to be deposited into escrow upon receipt of the appraisal report.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the transaction and terminate the Agreement with the parties.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Second Amendment to the Disposition and Development Agreement REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/22/2023 2:09 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-44

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

AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND LIONEXT, INC.

WHEREAS, the City of Fairfield (City) and Lionext, Inc. (Lionext) entered into a Disposition and Development Agreement on January 20, 2022, and the First Amendment to the Disposition and Development Agreement dated September 29, 2022 (collectively, the DDA), for the purchase of a (1) one-acre site located at 501 Lopes Road (Property) in Fairfield; and

WHEREAS, the DDA required the close of escrow to occur no later than six months from the execution of the DDA or March 28, 2023; and

WHEREAS, Lionext would like to extend the close of escrow for an additional five months; and

WHEREAS, Lionext and the City want to enter into the Second Amendment to Disposition and Development Agreement (Second Amendment), allowing the extension of the close of escrow to occur no more than five months from the execution of the Second Amendment; and

WHEREAS, Lionext has reviewed, approved, and executed the Second Amendment.

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

Section 1. The City Council hereby approves the Second Amendment, as attached hereto, with such non-substantive changes as may be approved by the city manager.

Section 2. The city manager is hereby authorized to execute the Second Amendment and all documents required or contemplated by the Second Amendment on behalf of the City, and to give all consents and approvals contemplated thereby on behalf of the City.

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RES. NO. 2023-44

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PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: BERTANI/ CARR / MOY / PANDURO / TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 12.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202345 of the City Council of the City of Fairfield Approving the Revised and Amended Plans and Specifications for the Manuel Campos Parkway Extension Phase 2 Improvements
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Rancho Tolenas Corp. (Developer) is nearing construction completion on the Manuel Campos Parkway Extension – Phase 2 Improvements (Project). Additional striping and signage was not previously approved by City Council and are required as interim improvements to transition public traffic onto the widened westbound lanes of Manuel Campos Parkway. This resolution approves the plans and specifications for the revised Project and allows the Developer to complete the proposed interim work.

DISCUSSION
In June 2020, the council authorized an improvement agreement with the Developer to construct roadway improvements on Manuel Campos Parkway from the bridge crossing of Putah South Canal to Clay Bank Road. Most of the Project improvements, including roadway widening and streetlight installation, are complete. However, during the course of construction, the Project has experienced supply chain issues causing significant delays. A key component of the Project is the construction of two traffic signals located at the intersections of Manuel Campos Parkway at Mystic Drive and Dickson Hill Road. The traffic signals are not yet complete due to equipment shortages.

From October 2022 to February 2023, staff and the Developer have been collaborating on a plan to open the widened section of Manuel Campos Parkway to westbound traffic. To safely complete this transition, the Project is proposing temporary ‘allway’ stops at the intersections of Manuel Campos Parkway at Mystic Drive and Dickson Hill Road. The work includes the installation of additional striping, temporary electronic Changeable Message Boards (CMS), and temporary signage. The ‘allway’ stops would be in place until the remaining traffic signal equipment is received and installed, and the new traffic signals are operational.

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Agenda Item No: 12.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202345 of the City Council of the City of Fairfield Approving the Revisedand Amended Plans and Specifications for the Manuel Campos Parkway Extension Phase 2 Improvements RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUERancho Tolenas Corp. (Developer) is nearing construction completion on the Manuel Campos ParkwayExtension – Phase 2 Improvements (Project). Additional striping and signage was not previouslyapproved by City Council and are required as interim improvements to transition public traffic onto thewidened westbound lanes of Manuel Campos Parkway. This resolution approves the plans andspecifications for the revised Project and allows the Developer to complete the proposed interim work. DISCUSSIONIn June 2020, the council authorized an improvement agreement with the Developer to constructroadway improvements on Manuel Campos Parkway from the bridge crossing of Putah South Canal toClay Bank Road. Most of the Project improvements, including roadway widening and streetlightinstallation, are complete. However, during the course of construction, the Project has experiencedsupply chain issues causing significant delays. A key component of the Project is the construction oftwo traffic signals located at the intersections of Manuel Campos Parkway at Mystic Drive and DicksonHill Road. The traffic signals are not yet complete due to equipment shortages. From October 2022 to February 2023, staff and the Developer have been collaborating on a plan toopen the widened section of Manuel Campos Parkway to westbound traffic. To safely complete thistransition, the Project is proposing temporary ‘allway’ stops at the intersections of Manuel CamposParkway at Mystic Drive and Dickson Hill Road. The work includes the installation of additional striping,temporary electronic Changeable Message Boards (CMS), and temporary signage. The ‘allway’ stops would be in place until the remaining traffic signal equipment is received and installed, and the new traffic signals are operational.

Staff has reviewed the Project plans and specifications, which have been prepared by a registered professional engineer, and are included as Exhibit “A.” Staff has determined that the design is in general conformance with the applicable codes and standards. Staff recommends council approve the revised and amended plans and specifications for Project as an interim condition thereby allowing public traffic to utilize the recently completed road.

FINANCIAL IMPACT
There is no cost to the City in constructing the public improvements contemplated by this Project. The Developer is completing the Project through the previously executed improvement agreement, issued bonds, and approved insurance.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Developer has met the necessary conditions and has provided the proper documents. However, if the council has any questions regarding the public improvement construction, approval may be postponed until the questions are addressed.

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer (707) 4287017
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Draft Improvement Plans
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 2/28/2023 2:42 PM
Beavers, Esther Approved 2/28/2023 4:08 PM
Beavers, Esther Approved 2/28/2023 4:11 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-45

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE REVISED AND AMENDED PLANS AND SPECIFICATIONS FOR THE MANUEL CAMPOS PARKWAY EXTENSION – PHASE 2 IMPROVEMENTS

WHEREAS, on June 16, 2020, the City Council authorized execution of the Improvement Agreement with Rancho Tolenas Corp. (developer) to construct the Manuel Campos Parkway Extension – Phase 2 Improvements (Project); and

WHEREAS, differing field conditions have required revisions and amendments to the previously approved Project improvement plans; and

WHEREAS, the developer has prepared revised striping and signage plans to include a temporary all-way stop at two intersection on Manuel Campos Parkway, attached as Exhibit “A;” and

WHEREAS, the revised and amended Project improvement plans were prepared and stamped by appropriately licensed registered engineers.

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

Section 1. The revised and amended plans and specifications for the Manuel Campos Parkway Extension – Phase 2 Improvements project, attached as Exhibit “A,” are hereby approved.

Section 2. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned Project.

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RES. NO. 2023-45

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PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK

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Agenda Item No: 13.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202346 of the City Council of the City of Fairfield Adopting the City of Fairfield’s 2023 State and Federal Legislative Platform RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Each year the City Council adopts an annual legislative platform that establishes the priorities, principles, and policy statements of the City of Fairfield City Council and creates the basis for its advocacy efforts at the state and federal levels. This resolution will update and adopt the 2023 State and Federal Legislative Platform.

DISCUSSION
The Legislative Platform (Platform) establishes the priorities, principles, and policy statement of the City of Fairfield City Council and creates the basis for its advocacy efforts, alerting our legislative partners of the greatest needs of our residents and where we need additional help. The Platform provides general direction to City departments, legislative advocates, delegation members, and the public on our positions on critical policy matters that may impact how the City does business.

In 2022, the City submitted 12 position letters to legislators representing Fairfield, including a funding request to Assemblymember Lori Wilson, which successfully secured $2.7 million for quality of life infrastructure projects. In addition to state funding, the City received federal funding through Congressman John Garamendi; $4 million for Jepson Parkway Phase 2C and $1 million for the Habitat for Humanity Woolner Avenue project.

Overall, the proposed 2023 Platform priorities remain unchanged from the previous platform and reflect the current issues and challenges the City faces. The Platform is organized by departments and highlights legislative interests, including policy positions intended to strengthen the City's operations, increase funding opportunities, and maintain local authority. While the City will respond to various legislative items throughout the year, priority policy areas include affordable housing and homeless resources, infrastructure funding, and maintaining local control.

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Affordable Housing and Homeless Resources
The City continues to support policies and funding mechanisms for affordable housing and homeless resources. The City strives to permanently reduce homelessness in Fairfield by protecting the health and safety of all residents, increasing housing opportunities, enhancing the system of care, improving public policy and engagement, and strengthening regional capacity to address homelessness. Since fiscal year 2019, the City of Fairfield has spent approximately $11.57 million in overall services for those experiencing homelessness. The City will continue to seek funding support and legislation that provides resources and programming to address California's homeless crisis. Affordable and permanent supportive housing is a vital component in addressing homelessness, and the City strives to make housing accessible to all income and service levels. The City will continue to monitor and support sustainable funding for various levels of housing while also balancing the importance of local control over planning and land use.

Infrastructure Funding
The City faces a significant amount of deferred maintenance and unfunded capital projects.

Approximately $82 million of unfunded capital and maintenance projects are outstanding over the next five years, the largest being in streets and public buildings. Priority projects for infrastructure funding include the Jepson Parkway Phase 2B and the New Canon Road realignment. The City also seeks funding and support in improving public safety resiliency with the construction of Fire Stations 36 and 39, and an expansion to the existing Police Station.

Maintaining Local Control
The City of Fairfield is committed to preserving local control and decisionmaking authority, along with state and local funding sources, and opposes unfunded or inadequately funded mandates. The City supports ongoing engagement between state and local governments to ensure local control is maintained and responsible housing development is promoted in a collaborative effort.

Adoption of the proposed platform by the City Council will streamline the City’s advocacy efforts by enabling City staff to take immediate action on pressing legislative items efficiently and without delay under City Council direction. Throughout the legislative session, the City will review and take positions on various policy and budget items at the State and Federal levels. When a recommended position is consistent with existing City policy, as adopted in the platform, the City Manager’s Office will prepare a position letter for the mayor’s signature.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
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Agenda Item No: 13.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202346 of the City Council of the City of Fairfield Adopting the City ofFairfield’s 2023 State and Federal Legislative PlatformRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEEach year the City Council adopts an annual legislative platform that establishes the priorities,principles, and policy statements of the City of Fairfield City Council and creates the basis for itsadvocacy efforts at the state and federal levels. This resolution will update and adopt the 2023 Stateand Federal Legislative Platform. DISCUSSIONThe Legislative Platform (Platform) establishes the priorities, principles, and policy statement of the Cityof Fairfield City Council and creates the basis for its advocacy efforts, alerting our legislative partners ofthe greatest needs of our residents and where we need additional help. The Platform provides generaldirection to City departments, legislative advocates, delegation members, and the public on ourpositions on critical policy matters that may impact how the City does business.In 2022, the City submitted 12 position letters to legislators representing Fairfield, including a fundingrequest to Assemblymember Lori Wilson, which successfully secured $2.7 million for quality of lifeinfrastructure projects. In addition to state funding, the City received federal funding throughCongressman John Garamendi; $4 million for Jepson Parkway Phase 2C and $1 million for the Habitatfor Humanity Woolner Avenue project.Overall, the proposed 2023 Platform priorities remain unchanged from the previous platform and reflectthe current issues and challenges the City faces. The Platform is organized by departments andhighlights legislative interests, including policy positions intended to strengthen the City's operations,increase funding opportunities, and maintain local authority. While the City will respond to variouslegislative items throughout the year, priority policy areas include affordable housing and homelessresources, infrastructure funding, and maintaining local control.Affordable Housing and Homeless ResourcesThe City continues to support policies and funding mechanisms for affordable housing and homelessresources. The City strives to permanently reduce homelessness in Fairfield by protecting the healthand safety of all residents, increasing housing opportunities, enhancing the system of care, improvingpublic policy and engagement, and strengthening regional capacity to address homelessness. Sincefiscal year 2019, the City of Fairfield has spent approximately $11.57 million in overall services forthose experiencing homelessness. The City will continue to seek funding support and legislation thatprovides resources and programming to address California's homeless crisis. Affordable andpermanent supportive housing is a vital component in addressing homelessness, and the City strives tomake housing accessible to all income and service levels. The City will continue to monitor and supportsustainable funding for various levels of housing while also balancing the importance of local controlover planning and land use. Infrastructure FundingThe City faces a significant amount of deferred maintenance and unfunded capital projects.Approximately $82 million of unfunded capital and maintenance projects are outstanding over the nextfive years, the largest being in streets and public buildings. Priority projects for infrastructure fundinginclude the Jepson Parkway Phase 2B and the New Canon Road realignment. The City also seeksfunding and support in improving public safety resiliency with the construction of Fire Stations 36 and39, and an expansion to the existing Police Station.Maintaining Local ControlThe City of Fairfield is committed to preserving local control and decisionmaking authority, along withstate and local funding sources, and opposes unfunded or inadequately funded mandates. The Citysupports ongoing engagement between state and local governments to ensure local control ismaintained and responsible housing development is promoted in a collaborative effort.Adoption of the proposed platform by the City Council will streamline the City’s advocacy efforts byenabling City staff to take immediate action on pressing legislative items efficiently and without delayunder City Council direction. Throughout the legislative session, the City will review and take positionson various policy and budget items at the State and Federal levels. When a recommended position isconsistent with existing City policy, as adopted in the platform, the City Manager’s Office will prepare aposition letter for the mayor’s signature.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONN/ASTAFF CONTACTAnna Guiles, Assistant to the City Manager(707) 428[email protected] COORDINATED WITH
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed 2023 State and Federal Legislative Platform REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/22/2023 7:22 PM
Beavers, Esther Approved 2/22/2023 7:23 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2023-46

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING THE CITY OF FAIRFIELD’S 2023 STATE AND FEDERAL LEGISLATIVE PLATFORM WHEREAS, historically, the City Council adopts an annual legislative platform that establishes the priorities, principles, and policy statements of the City of Fairfield City Council ; and WHEREAS, the legislative platform creates the basis for advocacy efforts, alerting legislative partners of the greatest needs of our residents and where additional help is needed; and WHEREAS, the 2023 Legislative Platform remains mostly unchanged from the 2022 Platform and continues to reflect the current issues and challenges of the City of Fairfield ; and WHEREAS, the Platform highlights legislative interests, including policy positions intended to strengthen the City’s operations, increase funding opportunities, and maintain local authority; and
WHEREAS, the City will respond to various legislative items throughout the year, but priority policy areas will include affordable housing and homeless resources, infrastructure funding, and maintaining local control.

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

Section 1. The City Council approves the 2023 State and Federal Legislative Platform.

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK
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City of Fairfield
2023 Federal and State Legislative Platform
Reaffirmed by City Council Resolution on March 7,
2023
Resolution 2023-xxx

PURPOSE
The Legislative Platform establishes the priorities, principles, and policy statement of the City of Fairfield City Council and creates the basis for its advocacy efforts, alerting our legislative partners of the greatest needs of our residents and where w e need additional help. The Platform provides general direction to City departments, legislative advocates, delegation members, and the public on our positions on critical policy matters that may impact how the City does business. Adoption of a legislative platform by the City Council streamlines the City’s advocacy efforts by enabling City staff to take immediate action on pressing legislative items efficiently and without delay under City Council direction.

Throughout the legislative session, the City w ill review and take positions on various policy and budget items at the State and Federal levels. When a recommended position is consistent with existing City policy, as adopted in the Platform, the City Manager’s Office will prepare a position letter for the mayor’s signature.

PRIORITY POLICY AREAS
Throughout the year, the City will respond to various legislative items, but three policy areas will remain a priority.

o Affordable Housing and Homeless Resources – The City supports policies and funding mechanisms for affordable housing and homeless resources. The City strives to permanently reduce homelessness in Fairfield by protecting the health and safety of all residents, increasing housing opportunities, enhancing the system of care, improving public policy and engagement, and strengthening regional capacity to address homelessness. Since Fiscal Year 2019, the City of Fairfield has spent approximately $11.57 million in overall services for those experiencing homelessness. The City will continue to seek funding support and legislation that provides resources and programming to address California's homeless crisis.

Affordable and permanent supportive housing is vital in addressing homelessness, and the City strives to make housing accessible to all income and service levels.

The City will monitor and support sustainable funding for various housing types while also balancing the importance of local control over planning and land use.

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o Infrastructure Funding – The City faces a significant amount of deferred maintenance and unfunded capital projects. Approximately $82 million of unfunded capital and maintenance projects are outstanding over the next five years, the largest being in streets and public buildings. Priority projects for infrastructure funding include the Jepson Parkway Phase 2B and the New Canon Road realignment. The City also seeks funding and support in improving public safety resiliency with the construction of Fire Stations 36 and 39, and an expansion to the existing Police Station.

o Maintaining Local Control – The City of Fairfield is committed to preserving local control and decision-making authority, along with state and local funding sources, and opposes unfunded or inadequately funded mandates. The City supports ongoing engagement between state and local governments to ensure local control is maintained and responsible housing development is promoted in a collaborative effort.

POLICY STATEMENTS

COMMUNITY DEVELOPMENT: Monitor and support efforts that encourage economic development; strengthen local government’s capability to implement plans for growth, development, and conservation; seek additional funding through grants and other possible revenue streams for housing and neighborhood revitalization programs.

State
• Support legislation that provides cities with tools and resources to promote and stimulate economic development.
• Support local, county, and state efforts to attract, retain and provide incentives for current and future commercial and industrial businesses; to jointly leverage resources and assets to develop economic centers in Fairfield. • Support incentives for private investment, technological innovation, and job creation throughout the City.
• Support programs that enable local government to finance economic revitalization; pursue tax-increment financing through Enhanced Infrastructure Financing District (EIFD), or similar redevelopment strategies. • Support efforts to protect local control over planning and land use while strengthening local agencies’ legal and fiscal capability to prepare, adopt, and implement financial plans for orderly growth, development, beautification , and conservation of local planning areas.
• Support legislation that provides additional resources, including adequate funding, to local agencies to address regional growth issues such as air quality, water quality, air pollution, transportation corridors, and homelessness.

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• Oppose efforts to penalize RHNA non-performance without specific entitlement funding from the state to support local affordable housing development. • Monitor local, state, and federal actions related to medical and recreational marijuana regulatory changes; support legislation strengthening local governments’ regulatory authority and control over siting of marijuana. • Seek modification to the current state guidelines on the disposition of City surplus property, allowing more flexibility on how disposed property may be developed. • Seek additional funding sources, including grants, for affordable housing such as single residence occupancy housing, transit-oriented development, after- school/preschool programs, health and fitness programs, and downtown economic development.
• Support efforts to create efficiencies within CEQA and support efforts to limit delays in the local planning and development process.
• Support legislation that prevents CEQA lawsuits from being filed for any reason other than a genuine environmental impact.

Federal
• Monitor federal mandates affecting economic development, land-use planning, neighborhood rehabilitation, revitalization, and oppose any redundant or cumbersome mandates/restrictions.

EMPLOYEE RELATIONS: Monitor impacts of legislation or reform affecting public employees’ benefits, rights, and labor relations.

State
• Monitor legislation and regulations affecting labor relations, employee rights, benefits, and working conditions.
• Oppose legislation and regulations that further erode the management rights of public employers.
• Preserve a balance between the needs of the employees and the resources of public employers that have a legal fiduciary responsibility to taxpayers. • Monitor legislation or reform impacting local public agencies and existing labor agreements.
• Monitor legislation or reform impacting the California Public Employees’ Retirement System (CalPERS).
• Work in partnership with other groups and sta keholders to promote sustainable and secure public pension systems to help ensure responsive and affordable public services.
• Support legislation that would control medical and legal costs related to workers’ compensation, especially for safety employees.

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FIRE/EMS/DISASTER PREPAREDNESS: Seek and support funding for various fire, EMS, and disaster preparedness projects, including specific federal funding for enhancements to the Emergency Operations Center and Fire Training Facility.

State
• Support efforts to address disaster preparedness and operational needs at the city and county levels, particularly communication equipment, PG&E Public Safety Power Shutoff (PSPS) events, training, or ongoing operations and maintenance costs.
• Support efforts to improve disaster preparedness, including evacuation preparedness and emergency fire responsiveness; healthy vegetation management; climate adaptation and resilience; and homeowner’s insurance reform.
• Seek funding and support for Critical Incident Stress Management (CISM) training and programs to address Post Traumatic Stress Disorder (PTSD) effects on public safety and administration.
• Monitor legislation and potential reform surrounding the state EMS Act and Local EMS Agency (LEMSAs) authority regarding EMS delivery in the City. • Seek funding and possible legislation to recover costs associated with preparing for and recovering from PG&E PSPS events.

Federal
• Support, and if necessary, apply for Urban Search & Rescue (US&R), Hazardous Materials (HAZMAT), Community Emergency Response Team (CERT), Staffing for Adequate Fire and Emergency Response (SAFER), Emergency Medical Technicians (EMT), Emergency Medical Services (EMS), Assistance to Firefighters Grants (AFG), and Physical Fitness funding in order to strengthen existing programs, replace outdated equipment, provide training, safety gear and continuing education, and to increase public awareness about Emergency Awareness and Fire Safety. • Support and apply for funding to enhance the City’s Emergency Operations Center and disaster preparedness capabilities.

GOVERNMENT ADMINISTRATION & BUDGET/FINANCE: Protect and secure local authority and revenue sources to preserve existing infrastructure and community programs. Support legislation and funding that helps the City of Fairfield provide residents equitable access to City programs and services.

State
• Oppose efforts to eliminate or cap the tax-exempt status of municipal bonds - one of the few remaining tools for local governments to finance large capital projects.

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• Seek, promote, and implement any new or alternative approaches that may replace redevelopment funding mechanisms that deliver positive benefits to Fairfield.
• Oppose attempts to restrict local authority concerning issues that affect local communities.
• Oppose attempts to decrease, restrict, or eliminate city revenue sources. Oppose efforts at the state level to retain additional revenues currently dedicated to local government for state purposes.
• Oppose measures that would impose state-mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e., unfunded mandates). Monitor legislation affecting accounting rules and financial reporting for both changes and conflicts between federal and state regulations. • Seek modification to state and local sales tax use and allocation, specifically online sales tax from the County pool to the city where the purchase is made, and the voter threshold for local infrastructure funding, to provide the City more opportunity to pursue particular local tax revenue.
• Oppose efforts to restrict local voter passed revenue measures to increase taxes, assessments, and other funding mechanisms to fund critical infrastructure and services.
• Monitor potential legislation that makes mandatory changes to district election policy and procedures.
• Seek modification to the California Public Utilities Commission (PUC) Digital Infrastructure and Video Competition Act of 2006 to allow Public, Educational, and Government (PEG) channels to be included in High-Definition tiers of service provided by any multichannel video service provider at no cost to local government.
• Support state action and funding to assist cities in maintaining local services and pandemic relief programs for residents and businesses.

Federal
• Monitor the progress of the federal budget committee and the budget’s effects on local government.
• Support federal action and funding to assist cities in maintaining local services and pandemic relief programs for residents and businesses.

INFORMATION TECHNOLOGY AND CYBER SECURITY: Support legislative initiatives and pursue funding to promote data and technology to create efficiencies, promote economic development, enhance public safety, improve transportation and mobility, improve sustainability, enhance the municipal quality of life factors, and help solve civic challenges.

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State
• Advocate for legislation and funding to prevent and reduce cybercrime that would impact municipal services and support efforts to protect, prevent, and resolve cyber security attacks and breaches.
• Support and advocate for legislation and funding and resources for an emergency response to develop technology infrastructure.
• Support and advocate for funding for technological advances for the proper digitization and archival of vital City records to ensure transparency, accessibility, and posterity of records.
• Support legislation and regulations that ensure emergency communication capabilities and interoperability for information technology and public safety department and agencies.
• Support legislation for cost-effective environmental technology initiatives. • Support policies that enhance digital inclusion and equity and seek to overcome the digital divide.
• Support legislative initiatives and funding to increase access to technology to increase digital literacy and technology access.

Federal
• Advocate for legislation and funding to prevent and reduce cybercrime that would impact municipal services and support efforts to protect, prevent, and resolve cyber security attacks and breaches.

HOUSING/HOMELESSNESS: Monitor and support sustainable funding for various levels of housing to address California’s housing and homeless crisis; neighborhood revitalization programs; improve cumbersome state funding allocation process and requirements; increase local funding and opportunities for substance abuse and/or mental health related homelessness, seek additional funding through grants and other types of revenue sources that improve and sustain the quality of life for all Fairfield residents, including those who are homeless or at risk of homelessness.

State
• Develop, seek, and support legislation to provide the City with tools and resources that promote and stimulate housing development in areas of most need. • Support state budget policies and related legislation that provide sustainable and reliable funding for homeless response, workforce development, and affordable housing for very low- to moderate-income person.
• Monitor state mandates such as CEQA and Bay Area Quality Management D istrict legislation, that can potentially delay housing development, housing rehabilitation, and neighborhood revitalization efforts.

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• Support owner-occupancy through homeowner housing and homebuyer assistance programs that foster long-term neighborhood investment and stabilization.
• Propose modifications to any programs that fund affordable housing programs and projects that do not provide funds to administer and deliver them. • Pursue additional funding sources, including grants, to produce workforce and affordable housing for lower-income households. Housing types include single- residence occupancy units, transit-oriented development, and accessory dwelling units.
• Support and pursue changes to the Surplus Land Act that currently limits local authority to dispose of property where proceeds can be used for affordable housing development.
• Continue opposition to state efforts to mandate construction of new unfunded affordable housing and penalties that would penalize cities that fail to meet under - funded Regional Housing Needs Assessment requirements for new housing construction.
• Support legislation that increases mental health funding, services, and resources for homeless individuals, including crisis intervention, mobile outreach, diagnosis, streamlined access to medication, and dual diagnosis.
• Support legislation exempting motel and hotel conversions to transitional housing from CEQA.
• Support efforts to prevent and end youth and transition al-aged youth homelessness.
• Support legislation and resources that support mental health resources, such as access to psychiatric facilities, behavioral health care treatment, and street -based services.
• Support ongoing state investment for homeless services, homelessness prevention, and rapid rehousing/supportive housing to meet the needs of those experiencing homelessness and the chronically homeless. • Improve state funding allocation process and requirements for emergency shelters, homeless prevention, and supportive services for homeless and those at risk of homelessness.
• Increase local funding and opportunities for substance abuse and/or mental health related homelessness.
• Seek and support legislation and/or initiatives that create alternatives to incarceration for homeless with mental health and/or substance abuse conditions committing low-level crimes.
• Seek and support initiatives that identify, address, and eliminate racial disparity among homeless and those at risk of homelessness.

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• Support legislation and policy that provides opportunity for regional collaboration of services and funding that most effectively and efficiently serves homeless and those at risk of homelessness.

Federal
• Monitor federal mandates that affect housing rehabilitation, neighborhood revitalization, and homeowner/homebuyer assistance programs, and continue opposition to additional mandates/restrictions that delay development. • Urge Congressional action to adopt federal spending plans that provide sustainable, reliable funding for priority local programs such as Home Investment Partnerships Program (HOME), Community Development Block Grant (CDBG), Veteran’s Affairs Supportive Housing (VASH) vouchers and U.S. Department of Housing and Urban Development (HUD) Section 8 funds. Monitor budget bills to ensure that administrative and program funding is not provided at levels below what is required to manage these programs.

PARKS AND RECREATION: Support investment in policy and funding that creates equitable access to City programs, parks, open space and recreation and that fosters active and healthy lifestyles.

State
• Support youth funding and policies that promote healthy lifestyles, proper nutrition, life skills, college preparation, job experience training, antibullying awareness, decrease obesity and diabetes, and funding incentives for inter- generational programming.
• Seek funding and support legislation for trail improvements, park development, enhancement, and expansion. Offer Prop 68 funding or similar opportunities annually.
• Support senior funding and policies that promote healthy lifestyles, financial protection and security, safety measures, proper nutrition, and funding incentives for intergenerational programming.
• Seek funding and resources to provide more opportunities for at -risk youth to access youth programming.
• Support diverse ethnic public health outreach efforts and policies that educate and promote physical activity, healthy lifestyle options, and maximizing use of open space for personal enjoyment.
• Seek and support funding and policies that promote equity of access to recreational programming for people with disabilities, and funding incentives for adaptive recreation programming.
• Support funding and legislation in line with community need that improve community engagement through technology at all City Community Centers, Packet Page 114 of 154Attachment 2 Page 8 of 13

Americans with Disabilities Act (ADA) upgrades and improvements, community outreach efforts, virtual programming, and enhanced quality of the City’s local access station, Channel 26.
• Seek funding for ADA upgrades on existing facilities, park and open space improvement and preservation, water safety, and increased equitable access to outdoor recreation in low-income neighborhoods.
• Seek funding and resources such as solar and habitat restoration that foster environmental stewardship and sustain the future of Fairfield’s natural habitat. • Seek funding for additional facilities and upgrades on existing facilities including youth soccer fields, baseball and softball fields, and basketball courts that will result in additional programming opportunities for at -risk youth and in locations in high unemployment and low-income neighborhoods.
• Seek ongoing funding for ongoing disease prevention (such as COVID-19) for public protection and prevention, such as sanitization, staffing, supplies, and one -time equipment upgrades in parks and public facilities.
• Support strategies and legislation to foster independence, well-being, and access to resources for older adults.
• Advocate for state and federal funding for opportunities to increase access to childcare for the community.
• Support legislation and bond measures that provide per capita grants to local governments to fund parks and capital improvements to community facilities and recreation programs that enhance the quality of life for Fairfield residents. • Seek and support funding and policies that promote art in public places, including parks and on public property.
• Seek and support funding and policies for irrigation infrastructure, including the removal and replacement of water smart technologies for municipal golf courses. • Seek and support funding for open space maintenance, educational programming, and increased public safety.

POLICE DEPARTMENT/CRIMINAL JUSTICE REFORM: Monitor ongoing effects of Criminal Justice Reform including potential for available funding sources; 2016’s pass age of Proposition 64; and seek funding for supported local law enforcement projects including the Fairfield Police Activities League. Support legislation that assists in preventing and reducing crime, such as drug prevention programs, mental health initia tives, enhanced protective equipment, and solutions for homelessness.

State
• Support legislative and/or ballot measure efforts that provide dedicated funding to address the impacts associated with California’s Criminal Justice Reform.

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• Continue to participate with local partners and the California Police Chiefs Association in addressing the adverse effects of California’s Criminal Justice Reform.
• Support efforts to address emergency preparedness and operational needs, particularly those that include regional efforts to improve interoperability, training, and/or ongoing operations and maintenance costs. • Monitor legislation that would implement changes to police officers’ duty requirements, including use of police cameras, K9 dogs, license plate readers, city cameras, data storage requirements, and any changes to officer training requirements.
• Seek support and funding resources for mental health, supportive housing, and shelters to assist the police Homeless Intervention Team in reducing homelessness.
• Seek support and funding resources to create a mobile mental health system that addresses acute mental health needs in line with current trends in response to the homeless mental health crisis.
• Oppose restrictions on the use of K9s for the purpose of apprehension and arrest which reduce the use of lethal force encounters.
• Oppose restrictions on the type of firearms police officers are allowed to purchase and use in an off-duty capacity.

PUBLIC WORKS/TRANSPORTATION: Secure funding and favorable administration to ensure infrastructure is built in a timely manner and projects are delivered.

State
• Monitor climate change, alternative fuels, innovative clean transit regulations, and their potential impacts.
• Support the state's goals for increased use of zero emission vehicles and support funding that goes towards the charging and electrical infrastructure necessary for plug-in electric vehicles. Allow flexible standards for certain emergency and fleet vehicles that require traditional fuel due to technology, range, and terrain issues. • Support legislation that provides funding opportunities for energy-efficiency projects and programs for public buildings, facilities, and infrastructure. • Oppose further restrictions and changes in state law on local water conservation. • Monitor and oppose efforts to impose state water taxes on local water utilities. • Support legislation providing land use incentives in connection with rail and multimodal transit stations (Transit Oriented Development). • Support legislation that generates funding to support all modes of transportation, including transit, bicycles, and pedestrians.

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• Support legislation that generates funding for storm drain capacity and maintenance projects.
• Oppose legislation that would reduce access to, or otherwise condition the receipt of, local streets and roads funding.
• Support legislation and regional policy that provide qualified commuter carpools and vanpools with reduced tolls on toll facilities as an incentive to encourage and promote ridesharing that reduces greenhouse gases. Support legislative and regulatory efforts to ensure that projects are eligible for state and regional funding of Transportation Oriented Development (TOD) projects. Ensure that development and transit standards for TOD projects can be reasonably met by developing suburban communities.
• Monitor and support efforts to streamline application, reporting and monitoring requirements to meet State local road mandates, and decrease additional requirements for ADA standards for on-street public parking and ramps for persons with disabilities.
• As Performance Standards continue to become more restrictive, actively support dialogue and possible legislation that would relax the Metropolitan Transportation Commission (MTC) standards to qualify for funding.
• Seek and support legislation and transportation funding reform to permanently increase funding for local streets and road maintenance. Continue to work with the local, regional, state, and federal partners to secure permanent funds for transportation infrastructure including maintenance and electrification mandates. • Support efforts to preserve and enhance local road maintenance fundi ng, as well as transit, “safe route to school” initiatives, road safety, and enhanced accessibility and mobility initiatives.
• Monitor state efforts to lower the voter threshold on local tax measures for local road maintenance, storm drainage, and capital improvements. • Support legislation preserving the City’s interest in telecommunication, broadband, and infrastructure operations. Support efforts to fund and provide high-speed internet including infrastructure development and training, competition and redundancy, and local franchise authority and public right-of-way management. Monitor implementation of the State “Broadband for All" Action Plan.
• Support legislation, regulation, and compliance regarding cyber and physical security to protect utility assets and operations.
• Oppose legislation, regulatory proposals, or administrative actions that limit or eliminate local discretionary review of the installation of small cell wireless equipment or any wireless technology facilities on public infrastructure or in the public right of way.
• Seek funding support to help comply with solid waste mandates for recycling and organics recovery/processing.

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Federal
• Seek and secure funding to meet storm water/water quality regulation mandates. • Continue to support and seek funding for transportation infrastructure, Fairfield/Vacaville Hannigan Intermodal Train Station buildout (including a station structure located on-site), and public transportation equipment, maintenance, replacement, and electrification initiatives.
• Seek funding for the New Canon Road rail crossing grade separation. • Support federal legislation in both houses for MAP-21 and related transportation legislation and assist Fairfield and Suisun Transit and the Solano Transportation Authority in their efforts to secure federal funding for local and regional initiatives. • Seek funding for Fairfield Transportation Center expansion. • Support legislation and regional policy that provide qualified Commuter Carpools and Vanpools with reduced tolls on toll facilities as an incentive to encourage and promote ridesharing.
• Monitor and support efforts to streamline application, reporting and monitoring requirements to meet federal mandates, and decrease additional requirements for ADA standards for on-street public parking and handicap ramps associated with local road maintenance.
• Seek remedy to U.S. Attorney opinion requiring costly ADA upgrades to cape seal pavement surfacing projects.

TRAVIS AIR FORCE BASE/TRAVIS COMMUNITY CONSORTIUM: As the contracting agency for the Travis Community Consortium, support Travis Air Force Base (AFB) in maintaining funding and sustainability for key missions, while protecting the base from issues such as encroachment which would lessen the military value to the Department of Defense.

• Continue support of KC-10 program and oppose any attempts to eliminate the KC- 10 fleet due to federal budget cuts such as sequestration. • Continue support to change laws to streamline military spouse licensure requirements.
• Secure additional federal funding for military construction at Travis AFB as part of the President’s Budget Request (PBR) or alternative methods to provide facilities and infrastructure.
• Continue to explore and develop potential partnerships for the Air Force Community Partnership Program, formerly identified as “P4”, to assist in sharing community resources, reducing base operation costs, and enhancing military value.
• Continue to collaborate and partner on new initiatives to increase access to local transportation on base and within the regional community.

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• Remain engaged on military family housing issues and watch the privatized Travis AFB housing. This includes monitoring any changes to the plan and looking for opportunities to further enhance affordable housing opportunities and transportation connectivity for Travis personnel on -base and within the regional community.
• Look for new opportunities to support Travis AFB, e.g., a study to address the establishment of a railroad spur line, a revised Air Installation Compatible Use Zone (AICUZ) due to aircraft modifications, and joint use of existing off-base activities to support Air Force efforts to reduce base operating costs. • Continue to support the Travis Community Consortium Strategy adopted in 2014. • Oppose budget cuts to the Department of the Air Force caused by federal budget sequestration or other congressional budget actions.
• Seek support from state legislators and policymakers as well as the Governor’s Military Council to assist in protecting and preserving Travis AFB missions and viability, including the future basing of the KC-46 at Travis AFB.

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Agenda Item No: 14.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:City Council Discussion and Direction on the HearttoHeart Listening Tours RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
Mayor Catherine “Cat” Moy requested an item be placed on the agenda to discuss policy direction with City Council for the HearttoHeart Listening Tours.

DISCUSSION
Council desires discussion and direction for logistics and expectations for the HearttoHeart Listening Tours throughout Fairfield. Upon council direction, staff will schedule HearttoHeart Listening Tours dates and locations and advertise to the public.

Mayor Moy and Vice Mayor Bertani tentatively suggested the fourth Saturday of each month, from March through August, at 11 a.m. to 1 p.m. Each meeting with take place in a different district with the proposed schedule:

Date District
Saturday, March 25, 2023 5
Saturday, April 22, 2023 3
Saturday, May 27, 2023 2
Saturday, June 24, 2023 4
Saturday, July 22, 2023 6
Saturday, August 26, 2023 1
Input on specific locations is sought by council members from each district.

FINANCIAL IMPACT
N/A
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Agenda Item No: 14.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:City Council Discussion and Direction on the HearttoHeart Listening ToursRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEMayor Catherine “Cat” Moy requested an item be placed on the agenda to discuss policy direction withCity Council for the HearttoHeart Listening Tours.DISCUSSIONCouncil desires discussion and direction for logistics and expectations for the HearttoHeart ListeningTours throughout Fairfield. Upon council direction, staff will schedule HearttoHeart Listening Toursdates and locations and advertise to the public.Mayor Moy and Vice Mayor Bertani tentatively suggested the fourth Saturday of each month, fromMarch through August, at 11 a.m. to 1 p.m. Each meeting with take place in a different district with theproposed schedule:Date DistrictSaturday, March 25, 2023 5Saturday, April 22, 2023 3Saturday, May 27, 2023 2Saturday, June 24, 2023 4Saturday, July 22, 2023 6Saturday, August 26, 2023 1Input on specific locations is sought by council members from each district.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to provide any direction desired.

STAFF CONTACT
David Gassaway, City Manager
(707) 4287400
[email protected]
COORDINATED WITH
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/23/2023 8:10 AM
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Agenda Item No: 15.

AGENDA REPORT
DATE:March 7, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 202347 of the City Council of the City of Fairfield Adopt CitySponsored Special Events for the 2023 Calendar Year; and
First Reading and Introduction of Ordinance 202306 of the City Council of the City of Fairfield Amending Chapter 12A of the Fairfield Municipal Code, also Known as the Special Events Ordinance, to Clarify the Application Process and Requirements, Correct Typographical Errors, and Make Minor Organizational Revisions for Special Event Permits
RECOMMENDED ACTION
Hold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinance for first reading.

STATEMENT OF ISSUE
The proposed resolution revises the previously approved list of Citysponsored (Sponsored) events and completely lists all the proposed Sponsored events for the 2023 calendar year. The proposed ordinance amends Chapter 12A of the Fairfield Municipal Code to clarify the application process and requirements for Special Event Permits.

DISCUSSION
On January 21, 2014, the City Council adopted Ordinance No. 201325, amending the Fairfield Municipal Code to include Chapter 12A Special Events. The ordinance provides a comprehensive scheme to regulate special events in the City of Fairfield.

Section 12A.4 of the ordinance currently designates six Sponsored events as exempt special events:

Tomato & Vine Festival, Independence Day Parade, Matt Garcia Run for Good, Candlelight Parade/ Christmas Tree Lighting, Veterans Day Parade, and the Downtown Farmers Market. The municipal code also states that council may designate additional Sponsored events. To provide council with the opportunity to modify the list of Sponsored events, staff proposes an annual comprehensive Sponsored Packet Page 122 of 154

On July 6, 2021, the council adopted Ordinance No. 202111, amending Chapter 12A to clarify the application process and amend insurance and indemnity requirements. Since adopting Ordinance No. 202111, staff has updated requirements and procedures surrounding Special Event Permits. The City proposes amendments to parts of Chapter 12A that would further clarify application procedures, application requirements, and definitions of terms to reflect the intent of the Chapter. Amendments to Chapter 12A include minor edits to fix grammar, text flow, and language for better readability; clarification of terms used in the Chapter; revisions to increase the review period for Special Event Permits by 30 days; additional permit application requirements; regulations for events proposed in the City’s Downtown/ Downtown Core District; revisions to the process for events seeking City sponsorship; revisions to insurance language requirement. The subsections below summarize all the amendments proposed.

Ordinance Amendments:
12A.3 Definitions.

Athletic Event: Add “bike” to the traffic impacts that constitute an athletic event.

Block Party: Clarify that “residential street” also refers to the definition of a residential street per the California Vehicle Code.

Special Event: Add Block Parties, Minor Special Events, and Major Special Events to the definition of a Special event.
c. Clarify that a Carnival, Concert, Dance, Fair, or other event likely to require traffic and crowd control, involving 75 or more persons that occurs on private property is considered a Special Event if it is open to the public.

Traffic Control Plan:Clarify that “Traffic Control Plan” refers to the definition per the California Manual of Uniform Traffic Control Devices and edit language to capture all forms of traffic, including pedestrian, bike, and transit.
12A.4 Permits required, exceptions.
(a) Temporary Land Uses and Events: “Temporary Events” revised to read “Temporary Land Uses and Events” title of the referenced section.
(e, f) Removed redundant language requiring other permits, add condensed language at the end of 12A.4.
(i) Remove the list of Sponsored events. The new process will involve City staff annually taking a list of events to council for review and approval. Increase time to adopt by 30 days to be consistent with other time changes in the Ordinance. Add language that allows the City Manager to approve date changes for Sponsored events.

Renumber and format 12A.4 to accommodate changes.
12A.5 Application procedure/ fee.

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Renumber and format 12A.5 to accommodate changes.
12A.6 Contents of application form.
(c) Add event time as an application information criterion. (e) Remove the requirement of an encroachment permit for Special Event applications. The Special Event Permit process already requires the applicant to obtain event insurance, and the City’s Traffic section reviews all events that have significant traffic impacts or that are proposed in the public right of way.
(1) Edit language for accuracy.
(2) Revise Block Party neighbor acceptance threshold to twothirds and add event start and end time to application form requirements.
(f) Add the following language: “Events proposed in the City’s Downtown/Downtown Core District shall provide documentation that the City Council designated the event as a Special Event in the calendar year for which the event is proposed.”
Renumber and format 12A.6 to accommodate changes.
12A.7 Director review of Special Events permit application.

Clarify that notice is given to the applicant regarding their permit application within 30 days of the City receiving a complete application.

Deadline for the Director to take action on a Special Event application is extended to 15 days for events with preestablished routes or events with the same location and scope of event that have occurred in the past.

Remove deadline for the Director to take action for a Minor Special Event within 30 days. Minor events vary and 30 days may not be enough time for sufficient City review. 12A.8 Grounds to deny permit.
(a.2) Replace “reasonable time period” with a 30day deadline for the application completion deadline.

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Agenda Item No: 15.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 202347 of the City Council of the City of Fairfield Adopt CitySponsoredSpecial Events for the 2023 Calendar Year; and First Reading and Introduction of Ordinance 202306 of the City Council of the City ofFairfield Amending Chapter 12A of the Fairfield Municipal Code, also Known as theSpecial Events Ordinance, to Clarify the Application Process and Requirements,Correct Typographical Errors, and Make Minor Organizational Revisions for SpecialEvent PermitsRECOMMENDED ACTIONHold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinancefor first reading.STATEMENT OF ISSUEThe proposed resolution revises the previously approved list of Citysponsored (Sponsored) events andcompletely lists all the proposed Sponsored events for the 2023 calendar year. The proposedordinance amends Chapter 12A of the Fairfield Municipal Code to clarify the application process andrequirements for Special Event Permits. DISCUSSIONOn January 21, 2014, the City Council adopted Ordinance No. 201325, amending the FairfieldMunicipal Code to include Chapter 12A Special Events. The ordinance provides a comprehensivescheme to regulate special events in the City of Fairfield. Section 12A.4 of the ordinance currently designates six Sponsored events as exempt special events:Tomato & Vine Festival, Independence Day Parade, Matt Garcia Run for Good, Candlelight Parade/Christmas Tree Lighting, Veterans Day Parade, and the Downtown Farmers Market. The municipalcode also states that council may designate additional Sponsored events. To provide council with theopportunity to modify the list of Sponsored events, staff proposes an annual comprehensive Sponsoredevents schedule for council’s review and approval. For the 2023 calendar year, staff is proposing theattached Sponsored Event List. Approved Sponsored events will require the event organizer to submita complete application, as set forth in Section 12.A.6, but shall be exempt from paying the SpecialEvent Permit application fees. Sponsored events are not exempt from other legal or regulatoryrequirements, including but not limited to other required permits from City Departments. On July 6, 2021, the council adopted Ordinance No. 202111, amending Chapter 12A to clarify theapplication process and amend insurance and indemnity requirements. Since adopting Ordinance No.202111, staff has updated requirements and procedures surrounding Special Event Permits. The Cityproposes amendments to parts of Chapter 12A that would further clarify application procedures,application requirements, and definitions of terms to reflect the intent of the Chapter. Amendments toChapter 12A include minor edits to fix grammar, text flow, and language for better readability;clarification of terms used in the Chapter; revisions to increase the review period for Special EventPermits by 30 days; additional permit application requirements; regulations for events proposed in theCity’s Downtown/ Downtown Core District; revisions to the process for events seeking Citysponsorship; revisions to insurance language requirement. The subsections below summarize all theamendments proposed.Ordinance Amendments: 12A.3 Definitions.Athletic Event: Add “bike” to the traffic impacts that constitute an athletic event.Block Party: Clarify that “residential street” also refers to the definition of a residential street per theCalifornia Vehicle Code.Special Event: Add Block Parties, Minor Special Events, and Major Special Events to the definition of aSpecial event.c. Clarify that a Carnival, Concert, Dance, Fair, or other event likely to require traffic and crowdcontrol, involving 75 or more persons that occurs on private property is considered a SpecialEvent if it is open to the public.Traffic Control Plan:Clarify that “Traffic Control Plan” refers to the definition per the California Manual ofUniform Traffic Control Devices and edit language to capture all forms of traffic, including pedestrian,bike, and transit.12A.4 Permits required, exceptions.(a) Temporary Land Uses and Events: “Temporary Events” revised to read “Temporary Land Usesand Events” title of the referenced section.(e, f) Removed redundant language requiring other permits, add condensed language at the endof 12A.4.(i) Remove the list of Sponsored events. The new process will involve City staff annually taking alist of events to council for review and approval. Increase time to adopt by 30 days to beconsistent with other time changes in the Ordinance. Add language that allows the City Managerto approve date changes for Sponsored events.Renumber and format 12A.4 to accommodate changes.12A.5 Application procedure/ fee.(b) Add application submittal timeline. Special Event Permits for Block Parties shall be filed notless than 30 days nor more than 90 days before the date on which the event is to occur.(c,d) Add 30 days to application submittal timelines for Minor and Major Special Events. Anapplication for a Minor Special Event shall be filed not less than 60 days nor more than 90 daysbefore the date on which the event is to occur. An application for a Major Special Event permitshall be filed not less than 90 days nor more than one year before the date on which the event is tooccur. This allows City staff sufficient review time for the Special Event and gives the applicantmore time to obtain any permits required in the permit letter conditions of approval.(e) Add language that allows the City to deny permit applications even if they are submitted withan Expedite Fee.(g) Added language to clarify what constitutes a complete Special Event Permit applicationsubmittal.Renumber and format 12A.5 to accommodate changes.12A.6 Contents of application form.(c) Add event time as an application information criterion.(e) Remove the requirement of an encroachment permit for Special Event applications. TheSpecial Event Permit process already requires the applicant to obtain event insurance, and theCity’s Traffic section reviews all events that have significant traffic impacts or that are proposed inthe public right of way.(1) Edit language for accuracy.(2) Revise Block Party neighbor acceptance threshold to twothirds and add event start andend time to application form requirements.(f) Add the following language: “Events proposed in the City’s Downtown/Downtown Core Districtshall provide documentation that the City Council designated the event as a Special Event in thecalendar year for which the event is proposed.”Renumber and format 12A.6 to accommodate changes.12A.7 Director review of Special Events permit application.Clarify that notice is given to the applicant regarding their permit application within 30 days of theCity receiving a complete application.Deadline for the Director to take action on a Special Event application is extended to 15 days forevents with preestablished routes or events with the same location and scope of event that haveoccurred in the past.Remove deadline for the Director to take action for a Minor Special Event within 30 days. Minorevents vary and 30 days may not be enough time for sufficient City review.12A.8 Grounds to deny permit. (a.2) Replace “reasonable time period” with a 30day deadline for the application completion deadline.
(a.9) Add language to accommodate events held by the school, so as to not prevent schools from hosting Special Events on their own school grounds during school hours. (a.13) Add language that allows the City to deny events proposed in the Downtown/ Downtown Core District if the event is not included in the list of approved Sponsored events for that calendar year.

Renumber and format 12A.8 to accommodate changes.
12A.9 Permit conditions.
(m) Add language that refers to Chapter 10B Business License Taxes. This will cover the requirement that Special Events with vendors have the proper business licenses and permits with the City.
(n) Add tenant/property owner notification requirement for events that occur in the City’s Downtown/Downtown Core District. The event applicant is responsible for sending written event notices to all properties in the Downtown/Downtown Core District at least two weeks prior to the event date.

Renumber and format 12A.9 to accommodate changes.
12A.15 Insurance.
(a)Clarify insurance requirements. Add the following language:
"At the sole expense to the Permittee, a comprehensive general liability insurance policy must be in place to protect against loss or damages for bodily injury and property damage arising from the event, including setup and takedown. The City shall determine minimum insurance requirements based on the unique risks of each event. The policy can be:

1. Purchased through the City; or

2. Purchased by a licensed insurance representative or agent; or

3. Part of a homeowner’s policy if the insurer allows special events to attach to the policy.” FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on Wednesday, February 24, 2023.

ALTERNATIVE ACTION
The council may choose not to approve the resolution as proposed, and direct staff to modify the list of Citysponsored events as desired.

The council may choose not to adopt the proposed ordinance amendments. In this case, Chapter 12A will remain as is. Alternatively, the council may provide direction to staff to make alternative amendments to Chapter 12A.

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Agenda Item No: 15.AGENDA REPORTDATE:March 7, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 202347 of the City Council of the City of Fairfield Adopt CitySponsoredSpecial Events for the 2023 Calendar Year; and First Reading and Introduction of Ordinance 202306 of the City Council of the City ofFairfield Amending Chapter 12A of the Fairfield Municipal Code, also Known as theSpecial Events Ordinance, to Clarify the Application Process and Requirements,Correct Typographical Errors, and Make Minor Organizational Revisions for SpecialEvent PermitsRECOMMENDED ACTIONHold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinancefor first reading.STATEMENT OF ISSUEThe proposed resolution revises the previously approved list of Citysponsored (Sponsored) events andcompletely lists all the proposed Sponsored events for the 2023 calendar year. The proposedordinance amends Chapter 12A of the Fairfield Municipal Code to clarify the application process andrequirements for Special Event Permits. DISCUSSIONOn January 21, 2014, the City Council adopted Ordinance No. 201325, amending the FairfieldMunicipal Code to include Chapter 12A Special Events. The ordinance provides a comprehensivescheme to regulate special events in the City of Fairfield. Section 12A.4 of the ordinance currently designates six Sponsored events as exempt special events:Tomato & Vine Festival, Independence Day Parade, Matt Garcia Run for Good, Candlelight Parade/Christmas Tree Lighting, Veterans Day Parade, and the Downtown Farmers Market. The municipalcode also states that council may designate additional Sponsored events. To provide council with theopportunity to modify the list of Sponsored events, staff proposes an annual comprehensive Sponsoredevents schedule for council’s review and approval. For the 2023 calendar year, staff is proposing theattached Sponsored Event List. Approved Sponsored events will require the event organizer to submita complete application, as set forth in Section 12.A.6, but shall be exempt from paying the SpecialEvent Permit application fees. Sponsored events are not exempt from other legal or regulatoryrequirements, including but not limited to other required permits from City Departments. On July 6, 2021, the council adopted Ordinance No. 202111, amending Chapter 12A to clarify theapplication process and amend insurance and indemnity requirements. Since adopting Ordinance No.202111, staff has updated requirements and procedures surrounding Special Event Permits. The Cityproposes amendments to parts of Chapter 12A that would further clarify application procedures,application requirements, and definitions of terms to reflect the intent of the Chapter. Amendments toChapter 12A include minor edits to fix grammar, text flow, and language for better readability;clarification of terms used in the Chapter; revisions to increase the review period for Special EventPermits by 30 days; additional permit application requirements; regulations for events proposed in theCity’s Downtown/ Downtown Core District; revisions to the process for events seeking Citysponsorship; revisions to insurance language requirement. The subsections below summarize all theamendments proposed.Ordinance Amendments: 12A.3 Definitions.Athletic Event: Add “bike” to the traffic impacts that constitute an athletic event.Block Party: Clarify that “residential street” also refers to the definition of a residential street per theCalifornia Vehicle Code.Special Event: Add Block Parties, Minor Special Events, and Major Special Events to the definition of aSpecial event.c. Clarify that a Carnival, Concert, Dance, Fair, or other event likely to require traffic and crowdcontrol, involving 75 or more persons that occurs on private property is considered a SpecialEvent if it is open to the public.Traffic Control Plan:Clarify that “Traffic Control Plan” refers to the definition per the California Manual ofUniform Traffic Control Devices and edit language to capture all forms of traffic, including pedestrian,bike, and transit.12A.4 Permits required, exceptions.(a) Temporary Land Uses and Events: “Temporary Events” revised to read “Temporary Land Usesand Events” title of the referenced section.(e, f) Removed redundant language requiring other permits, add condensed language at the endof 12A.4.(i) Remove the list of Sponsored events. The new process will involve City staff annually taking alist of events to council for review and approval. Increase time to adopt by 30 days to beconsistent with other time changes in the Ordinance. Add language that allows the City Managerto approve date changes for Sponsored events.Renumber and format 12A.4 to accommodate changes.12A.5 Application procedure/ fee.(b) Add application submittal timeline. Special Event Permits for Block Parties shall be filed notless than 30 days nor more than 90 days before the date on which the event is to occur.(c,d) Add 30 days to application submittal timelines for Minor and Major Special Events. Anapplication for a Minor Special Event shall be filed not less than 60 days nor more than 90 daysbefore the date on which the event is to occur. An application for a Major Special Event permitshall be filed not less than 90 days nor more than one year before the date on which the event is tooccur. This allows City staff sufficient review time for the Special Event and gives the applicantmore time to obtain any permits required in the permit letter conditions of approval.(e) Add language that allows the City to deny permit applications even if they are submitted withan Expedite Fee.(g) Added language to clarify what constitutes a complete Special Event Permit applicationsubmittal.Renumber and format 12A.5 to accommodate changes.12A.6 Contents of application form.(c) Add event time as an application information criterion.(e) Remove the requirement of an encroachment permit for Special Event applications. TheSpecial Event Permit process already requires the applicant to obtain event insurance, and theCity’s Traffic section reviews all events that have significant traffic impacts or that are proposed inthe public right of way.(1) Edit language for accuracy.(2) Revise Block Party neighbor acceptance threshold to twothirds and add event start andend time to application form requirements.(f) Add the following language: “Events proposed in the City’s Downtown/Downtown Core Districtshall provide documentation that the City Council designated the event as a Special Event in thecalendar year for which the event is proposed.”Renumber and format 12A.6 to accommodate changes.12A.7 Director review of Special Events permit application.Clarify that notice is given to the applicant regarding their permit application within 30 days of theCity receiving a complete application.Deadline for the Director to take action on a Special Event application is extended to 15 days forevents with preestablished routes or events with the same location and scope of event that haveoccurred in the past.Remove deadline for the Director to take action for a Minor Special Event within 30 days. Minorevents vary and 30 days may not be enough time for sufficient City review.12A.8 Grounds to deny permit.(a.2) Replace “reasonable time period” with a 30day deadline for the application completiondeadline.(a.9) Add language to accommodate events held by the school, so as to not prevent schools fromhosting Special Events on their own school grounds during school hours.(a.13) Add language that allows the City to deny events proposed in the Downtown/ DowntownCore District if the event is not included in the list of approved Sponsored events for that calendaryear. Renumber and format 12A.8 to accommodate changes.12A.9 Permit conditions.(m) Add language that refers to Chapter 10B Business License Taxes. This will cover therequirement that Special Events with vendors have the proper business licenses and permits withthe City.(n) Add tenant/property owner notification requirement for events that occur in the City’sDowntown/Downtown Core District. The event applicant is responsible for sending written eventnotices to all properties in the Downtown/Downtown Core District at least two weeks prior to theevent date.Renumber and format 12A.9 to accommodate changes.12A.15 Insurance.(a)Clarify insurance requirements. Add the following language:"At the sole expense to the Permittee, a comprehensive general liability insurance policy must bein place to protect against loss or damages for bodily injury and property damage arising from theevent, including setup and takedown. The City shall determine minimum insurance requirementsbased on the unique risks of each event. The policy can be:1. Purchased through the City; or2. Purchased by a licensed insurance representative or agent; or3. Part of a homeowner’s policy if the insurer allows special events to attach to the policy.”FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA public hearing notice was published in the Daily Republic newspaper on Wednesday, February 24,2023.ALTERNATIVE ACTIONThe council may choose not to approve the resolution as proposed, and direct staff to modify the list ofCitysponsored events as desired.The council may choose not to adopt the proposed ordinance amendments. In this case, Chapter 12A will remain as is. Alternatively, the council may provide direction to staff to make alternative amendments to Chapter 12A.

STAFF CONTACT
YeeLynn Wong, Junior Planner
(707) 4287449
[email protected]
COORDINATED WITH
City Manager's Office, Finance Department, Fire Department, Parks and Recreation Department, Police Department, Public Works Department
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A 2023 City Sponsored Events List
Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Sheehan, Meily Approved 2/22/2023 7:15 PM
Beavers, Esther Approved 2/22/2023 7:22 PM
Beavers, Esther Approved 2/22/2023 7:22 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-47

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPT CITY-SPONSORED SPECIAL EVENTS FOR THE 2023 CALENDAR YEAR

WHEREAS, Section 12A.4 of the Fairfield Municipal Code provides that the City Council may designate additional City-sponsored events; and

WHEREAS, City-sponsored events shall require the event organizer to submit a complete application in compliance with Section 12.A.6; and

WHEREAS, City-sponsored events shall be exempt from paying the Special Event Permit application fees; and

WHEREAS, designating additional City-sponsored events does not exempt an event from other legal and regulatory requirements, including but not limited to encroachment permits, building permit requirements, or any requirement for a fire permit; and

WHEREAS, all City-sponsored events for the 2023 calendar year are in the attached Exhibit A.

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

Section 1. The events listed on Exhibit A to this resolution shall be adopted as City-sponsored activities for the 2023 calendar year.

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 127 of 154Attachment 1 Page 1 of 1

#DeptDescriptionLocationDate of EventTime1P&R Blues, Brews, & BBQ Cook‐offSolano County Annex Lawn4/22/202312:00p ‐ 4:00p2CD MAYkers MarketDowntown5/20/202312:00p ‐ 5:00p3P&R Trucks of the TradeSolano Mall Parking Lot6/3/20239am‐12pm4CD Farmer's MarketSolano County Annex LawnTBDTBD5CMO Fairfield CAN Juneteenth EventSolano County Annex Lawn6/17/202312‐5pm6Fairfield Community Services: Downtown Dinner DowntownTBDTBD7P&R Summer Movies & Food TrucksGary Falati ParkTBD7pm ‐ 10pm8P&R July 4th ParadeDowntown7/4/202310am9PD National Night Outcity‐wide8/1/20235pm ‐ end10 PD/FD/CMO Back‐to‐School Backpack Giveaway (City & FCSF) Bethel Church8/5/20238:30a ‐ 12:00p11P&R Tomato & Vine FestivalDowntown8/19‐20/2023 11am‐7pm, 11am‐5pm12 CMO Fairfield CAN Movie Night at the ParkSolano County Annex Lawn10/28/20236:30p ‐ 9:30p13FIRE Fire ‐ Open House Fire Station 3710/13/20225:00p ‐ 8:00p14CD OctoberfestDowntownTBDTBD15Matt Garcia Foundation: Halloween Spookfest Downtown & Solano County Annex La10/29/20223:00pm ‐ 9:00pm16P&R Veteran's Day ParadeDowntown11/11/202312:30p17CD Small Business SaturdayDowntown11/25/2023TBD18P&R Christmas Tree LightingDowntown12/1/20236pm‐9pm19 PD/FD/CMO FCSF Backpack Giveaway ChristmasBethel Church12/16/20238:30p ‐ 12:00p20 PD/FD/CMO LOGIC Ministries Toys for Tots EventLOGIC MinistriesTBD8:30p ‐ 12:00p21P&R Menorah LightingSolano County Annex LawnTBD5:30pm2023 City-Sponsored Events ListEXHIBIT APacket Page 128 of 154Attachment 2 Page 1 of 1

CITY OF FAIRFIELD

ORDINANCE NO. 2023-06

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD
AMENDING CHAPTER 12A OF THE FAIRFIELD MUNICIPAL CODE, ALSO KNOWN AS THE SPECIAL

EVENTS ORDINANCE, TO CLARIFY THE APPLICATION PROCESS AND REQUIREMENTS, CORRECT

TYPOGRAPHICAL ERRORS, AND MAKE MINOR ORGANIZATIONAL REVISIONS FOR SPECIAL

EVENT PERMITS

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Statement of Intent
A. On January 21, 2014, the City Council adopted Ordinance No. 20 13-25, amending the Fairfield Municipal Code to include Chapter 12A Special Events. The Ordinance provides a comprehensive scheme to regulate special events held in the City of Fairfield. Chapter 12A defines what constitutes a special event and provides guidelines for application submittal requirements and procedures.

B. On July 6, 2021, the City Council adopted Ordinance No. 2021-11, amending Chapter 12A to clarify the application process for special event permits and to amend insurance and indemnity requirements.

C. Since adopting Ordinance No. 2021-11, City staff has updated Special Event permit requirements and procedures. Staff proposes amendments to parts of Chapter 12A that would further clarify application procedures, application requirements, and definitions of terms to reflect the intent of the Chapter.

D. Nothing in this Chapter is intended to unreasonably interfere with expressive activities protected by the First Amendment. The regulations herein are intended to provide reasonable access to the use of streets, sidewalks, and other public areas for expressive activity.

E. The City has held a duly noticed public hearing on the proposed revisions to the Fairfield Municipal Code in accordance with the rules and regulations regarding such.

SECTION 2. Chapter 12A, “Special Events,” is hereby amended in its entirety to read as follows:
“12A.1 Title.

This chapter shall be known as the Special Events Ordinance.

12A.2 Purpose.

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ORD. NO. 2023-06

Page 2 ends

Fairfield City CouncilMarch 7, 2023

Fairfield City Council
March 7, 2023