Agenda — Fairfield City Council, June 20, 2023 (part 2 of 5)

Joint Use Agreement Facilities Usage Application
Multiple Day Usage Schedule

Not Available Contact Pers/Group Day of Week Date (m/d/y) Start Time End Time

____________________ ___________ __________ ________ ________

____________________ ___________ __________ ________ ________ Packet Page 149 of 977Attachment 2 Page 21 of 32

EXHIBIT “E”

POST EVENT EVALUATION FORM

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Exhibit E

Fairfield-Suisun Unified School District and City of Fairfield Joint Use and Development Agreement

Post-Event Evaluation Form

• This form should be filled out after each one-time user, or at the conclusion or as needed throughout a long-term usage.
• If there are property damages to the site after the function, fill out the “Damages” section as well.
• Send the completed form to the DIRECTOR or SUPERINTENDENT, or their designated representatives.

Facility user: __________________________ Date of usage: ____________________

Site: ____________________________ Area of usage at the site: _________________

Type of Activity: _____

• Were all rules and regulations followed?  Yes  No

• Were the laws of the city and state followed by the facility users?  Yes  No

• Was the site left in a clean and orderly condition?  Yes  No

• Did the facility users borrow or use any equipment?  Yes  No

• Was the equipment returned in acceptable condition?  Yes  No

Comments: (Positive or problems encountered)
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Damages:

Please describe in as much detail as possible the damage. If this section is filled out, send the original to the DIRECTOR OR SUPERINTENDENT, or their designated representatives.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 We would rather not have this facility user use our facility again.

Facility Evaluator: _____________________________ Date: __________________ Packet Page 151 of 977Attachment 2 Page 23 of 32

EXHIBIT “F”

DAMAGES BILLING FORM

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Exhibit F

THE CITY OF FAIRFIELD AND

THE FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT

Joint Use Agreement Damages Billing Form

FACILITY_______________________________________DATE__________________

FACILITY USER ________________________________________________________

FACILITY USER ADDRESS _______________________________________________

DATE OF USE _________________________________________________________

DESCRIPTION / LOCATION OF DAMAGE

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Material: ___________________

Labor: _____________________

Total: _____________________

Signature _________________________________ Date ______________________ This invoice is due upon receipt. If
payment is not made within two
weeks of the date of the invoice you
will lose your privilege to use any
District or City facility.

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EXHIBIT “G”

INSURANCE
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EXHIBIT G

INSURANCE
Each Party, at its sole cost and expense, shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services or use of the Recreational Facilities hereunder by the Parties, their agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

The coverage described in Insurance Services Office Form Number GL 0002 (Ed. 01/96) covering Commercial General Liability together with Insurance Services Office Form Number GL 0404 covering Broad Form Comprehensive General Liability; or that described in Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001 (Ed. 01/96), including X.C.U. (Explosion, Collapse and Underground) coverage.

2. The coverage described in Insurance Services Office Form Number CA 0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", or Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also include Code 8 "hired autos" and Code 9 "nonowned autos"; and

3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and
Minimum Limits of Insurance
Each Party shall maintain limits no less than:

1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1 combined single limit per accident for bodily injury and property damage; and

3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the California Labor and Employers Liability limits of $1 per accident.

4. Builder's Risk: Completed value of the project. No deductible shall exceed $100,000.

D. Other Insurance Provisions
Each policy shall contain, or be endorsed to contain, the following provisions:
1 Commercial General Liability and Automobile Liability Coverage Packet Page 155 of 977Attachment 2 Page 27 of 32

a. The other Party, its officers, employees, agents and contractors are to be covered as additional insureds. Coverage shall contain no special limitations on the scope of protection afforded to the other Party, its officers, employees, agents and contractors.

b. Any failure to comply with reporting provisions of the policies by either Party shall not affect coverage provided to the other Party, its officers, employees, agents, or contractors.

c. Each policy shall state that the policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2 All Coverage
Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days' prior written notice has been given to the other Party.

E. Acceptability of Insurers
Insurance is to be placed with insurers acceptable to the other Party.

F. Verification of Coverage
Each Party shall furnish the other Party with certificates of insurance and with original endorsements affecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance shall be mailed to the following address or any subsequent address as may be directed in by each PARTY:

CITY OF FAIRFIELD FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT Risk Manager Risk Manager

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EXHIBIT "H"

DISTRICT EMERGENCY RESPONSE PROCEDURES
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EXHIBIT H

FSUSD EMERGENCY RESPONSE PROCEDURES
Active Shooter: Sounds of gunfire. Announcement may be made over intercom. • Try to remain calm, listen to ascertain if active shooter is within your vicinity, and determine whether to Run, Hide, or Fight.
• Run: If there is an escape path, attempt to evacuate yourself and students. Leave your personal belongings behind. • Hide: If evacuation is not possible, hide. Lock and/or blockade the door. Close the blinds. Silence your cell phone and direct your students to as well. Hide behind large objects. Remain very quiet. • Fight: As a last resort, and only if you and your students’ lives are in danger, attempt to incapacitate the shooter. Act with physical aggression. Improvise weapons.
• When law enforcements arrives:
o Remain calm and follow instructions.
o Keep your hands visible at all times.
o Avoid pointing or yelling.
o Know that help for the injured is on its way.

Air Pollution/Chemical Release: Announcement will be made over intercom. • Staff will be notified to discontinue all athletic activity on campus. • Call parents and dismiss students who are susceptible to respiratory problems. • Turn off air intake systems.
• Follow shelter-in-place instructions (such as close doors/windows), if applicable.

Bomb Threat: Fire alarm will signal evacuation, if evacuation is indicated.

Receiving Threats:
• Phone: keep caller on line, gather info re: location, timing of the bomb, person(s) responsible. Note:
gender, age, voice features, background noises.
• Mailed/Written: handle letter, note or package as
little as possible.
• Electronic (ex: e-mail, text): do not delete
message.

Response Protocol:
• Call 911 immediately.
• Promptly report threat or suspicious package to
Administrator. Place written threat into envelope,
note where & by whom it was found.
• Turn off 2-way radio equipment located in
threatened building. Public safety officials or
school staff may conduct bomb search. School staff
shall not handle nay explosive or incendiary device.
• If evacuated, do not reenter threatened building
until cleared to do so.

Civil Disturbance on Campus: Announcement will be made over intercom.

Such an event would most likely occur if a large number of students caused a disturbance and refused efforts of administrators and teaching staff to maintain order. The following will take place; • A civil disturbance situation will be announced.
• Police will be contacted.
• Move disturbance to an isolated area, if possible. The administration will meet with concerned parties. • Daily instruction will continue. Staff should attempt to persuade all uninvolved students to go to class. Teacher who have students in class will keep them until further notice.

Earthquake: Ground will start shaking. For drills: announcement will be made over intercom. • Implement “Duck, Cover and Hold” (students and staff should take protective positions under desks or tables away from and with backs to windows).
• Fire alarm will sound if students need to be evacuated (see fire procedures). • Students may return to class only when given the “All Clear” signal.

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Evacuation/Fire: Fire alarm will signal. Specific information may be relayed by intercom, if applicable. • Fire alarm will signal evacuation unless inoperable. A bullhorn or messenger will be used if the alarm is not functioning. • Teachers will direct students to the evacuation area(s). Teachers will be the last person out of the room and will bring their roll books.
• Students: bring phones; line up by class (according to evacuation map) in a straight line during the entire emergency. • Teachers are to take attendance quickly and return to the front of the line to account for missing students. Implement colored card coding system once attendance is taken.
o Green Status Card: Everyone is ok and accounted for. o Red Status Card: Missing or extra student(s). Report missing students to administration. o Red Cross on White Status Card: Medical Attention Needed. • Return to class only when given the “All Clear” signal. • Students are not to be released unless instructed to do so by administration. Parent staging area should be established and communicated.

Lockdown (Locks, Lights, Out of Sight)
Announcement- “Lockdown” will be made over the
intercom
• Lock perimeter doors, close and lock all windows,
draw blinds, and turn off lights.
• Move away from sight.
• Do not open door.
• Maintain silence; silence cell phones that are on
person.
• Take attendance.
• Listen for further instructions.

If students are outside:
• Direct students into any available
classroom/indoor location.
• If students scatter and run, let them go.

Lockout (Secure the Perimeter)
Announcement-“Lockout” will be made over the intercom
• Bring everyone indoors.
• Lock perimeter doors.
• Increase situational awareness.
• Keep all students/staff in classroom.
• Staff can continue to teach/work in locked
classrooms/offices.
• Take attendance.
• Contract school office if staff/students need to use
restroom. Admin will confirm with police it is safe
to do so prior to authorizing temporary release
from class.

Severe Windstorm/Tornado: Announcement will be made over the intercom including words “SEVERE WINDSTORM” or “TORNADO WARNING.”
• All students remain in classrooms. If students are outside, they should report to class. If this emergency occurs at lunch, all students will go to open rooms (multiuse room, gymnasium). • Teachers should shut all blinds and drapes. Do not close windows all the way. • Students should stay away from windows and should turn their backs to them. • Refrain from touching downed electrical wires.

Threat of Explosion/Gas Leaks/Aircraft Accident: Announcement will be made over the intercom. • A Duck and Cover Command will be issued, or evacuation will be ordered with the fire alarm, depending on the situation. • In the event of gas leak, teachers will be instructed to close all windows and to wait for further instructions.

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Emergency Telephone Numbers
From an outside line CALL 911
*Stay calm *Speak clearly *State your emergency *Give name address *Allow dispatcher to direct conversation *Stay on phone*

Emergency: Police/Fire/Sheriff/Medical …………………………………………………………………911 Cell Phone Emergency # - Fairfield ……………………………………………………… (707) 428-7373 Cell Phone Emergency # - Suisun ………………………………………………………… (707) 421-6622 Cell Phone Dispatch # - Solano County Sheriff ……………………………………. (707) 421-7090 Poison ………………………………………………………………………………………………… (800) 876-4766 Gas/Power Failure ……………………………………………………………………………… (800) 743-5000 Red Cross …………………………………………………………………………………………… (700) 429-3131 Non-emergency Police:

Fairfield police/Fire Dept ………………...… (707) 428-7300
Suisun Police Dept ………………………….…. (707) 428-7373
TAFB Military Police Desk ……...……….…. (707) 424-3293

Fairfield-Suisun Unified School District
Central Office Main Number ……………………………. (707) 399-1201

Tune in to Radio Frequencies for Emergency Broadcasts:

KUIC ………………………………………………….. 95.3 FM

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Agenda Item No: 13.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023163 of the City Council of the City of Fairfield Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood O Subdivision
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Per Chapter 25, Article III, Division 6, Section 25.165 of the City of Fairfield Municipal Code, the developer shall enter into an agreement with the City to construct the proposed improvements prior to city council approval of a final map. The recommended action approves the final map, authorizes the city engineer to approve the subdivision design drawings, and authorizes execution of the subdivision improvement agreement (Agreement) for the Canon Station Planning Area 5 – Neighborhood O subdivision.

DISCUSSION
One Lake Holding, LLC (Developer) is proposing to construct Canon Station Planning Area 5 – Neighborhood O subdivision (Subdivision), a 63lot singlefamily residential development within Planning Area 5 of the Train Station Specific Plan (TSSP). With adoption of Planning Commission Resolution No. 202122, Planning Area 5’s Master Planned Unit Development (MPUD) entitlements were previously approved with adoption of Planning Commission Resolution No. 202122.

Council previously adopted Resolution No. 202355 and Resolution No. 2022325 authorizing the Developer to construct critical roadways, including Lake Club Drive and Pathway Drive, which will provide vehicular and pedestrian access from Planning Area 4 to the Subdivision.

With previous Planning Area 5 subdivision approvals, the council’s approval of this Subdivision final map will allow the Developer to construct 185 total lots in Planning Area 5. Prior to issuance of the 86th certificate of occupancy in Phase 1 of Planning Area 5, the MPUD conditions of development obligate the Developer to complete construction of the 0.82acre pocket park at the corner of Lake Trail and Vanden Road.

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Approval of the final map and execution of the Agreement will obligate the Developer to construct all public and private improvements, including streets, underground utilities, streetlights, and pedestrian sidewalk, to serve future residents of the proposed subdivision.

The Developer has provided all the necessary bonds and insurance and has paid the fees required to enter into this Agreement.

Per Section 5.8.1.6 of the development agreement (DA) executed between the City and the Developer, the City may assign Transportation Improvements, as defined by the DA, up to a total value equal to 2,125 equivalent dwelling units (EDUs). With approval of this Agreement, the Developer is obligated to complete public improvements up to approximately $23.9 million, in 2023 dollars. With execution of this improvement agreement, the Developer has now accrued enough fee assignment for the City to assign the Developer the construction of transportation infrastructure. As part of the next subdivision improvement agreement, the City will assign the Developer to construct transportation improvements, which may include segments of Vanden Road/Jepson Parkway. The fee assignment is equal to the cumulative total of previously accrued fee assignments, escalated to 2023 dollars, in addition to fee assignments for Neighborhood O, as specified below:

Planning Area 4 – Neighborhood 7 ($1,416,221.97, 2020 dollars) Planning Area 4 – Neighborhood 4B & 4C ($2,001,183.33, 2020 dollars) Planning Area 4 – Neighborhood 4A ($1,913,631.45, 2020 dollars) One Lake Apartments ($3,885,354.50 $3,417,217.50, 2020 dollars) Planning Area 4 – Neighborhood 8 ($2,067,787.00, 2021 dollars) Planning Area 4 – Neighborhood 5 ($3,754,916.24, 2021 dollars) Backbone – Phase 2 ( $4,363,717.10, 2021 dollars)
Planning Area 4 – Neighborhood 6 ($2,894,238.11, 2021 dollars) Planning Area 5 – Neighborhood R, L, K1 ($5,401,163.00, 2022 dollars) Planning Area 5 – Neighborhood O ($2,990,447.18, 2023 dollars) As part of the development obligations, the Developer will be providing dust control by frequently applying water to the site throughout construction, which is a typical mitigation measure. The proposed improvements will have no traffic impacts, as the improvements contemplated are outside of any active roadways. Additionally, the Developer will minimize disturbances to nearby residents by working within the allowed construction hours between 7 a.m. and 5 p.m. and performing public outreach to notify residents of any anticipated construction impacts.

FINANCIAL IMPACT
There is no cost to the City in constructing the public improvements contemplated under the Agreement.

Acceptance of the public improvements by council will obligate the City to maintain the public improvements, including Kashaya Drive, Waller Drive, Enliven Drive, Yarbrough Way, and public water, sewer, and storm utilities. The future homeowner’s association shall maintain improvements within the pedestrian realm, including landscape, irrigation, streetlights, and sidewalks. Maintenance costs shall be funded by the newly formed TSSP Community Facilities District (CFD) #20181 and CFD #20191.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Sections 66458 and 66462 of the Subdivision Map Act require that the council approve the Agreement if conditions of the tentative map have been met. The Developer has met the necessary conditions and Packet Page 162 of 977

Agenda Item No: 13.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023163 of the City Council of the City of Fairfield Approving the Final Mapand Authorizing Execution of the Subdivision Improvement Agreement for the CanonStation Planning Area 5 – Neighborhood O SubdivisionRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEPer Chapter 25, Article III, Division 6, Section 25.165 of the City of Fairfield Municipal Code, thedeveloper shall enter into an agreement with the City to construct the proposed improvements prior tocity council approval of a final map. The recommended action approves the final map, authorizes thecity engineer to approve the subdivision design drawings, and authorizes execution of the subdivisionimprovement agreement (Agreement) for the Canon Station Planning Area 5 – Neighborhood Osubdivision.DISCUSSIONOne Lake Holding, LLC (Developer) is proposing to construct Canon Station Planning Area 5 –Neighborhood O subdivision (Subdivision), a 63lot singlefamily residential development withinPlanning Area 5 of the Train Station Specific Plan (TSSP). With adoption of Planning CommissionResolution No. 202122, Planning Area 5’s Master Planned Unit Development (MPUD) entitlementswere previously approved with adoption of Planning Commission Resolution No. 202122.Council previously adopted Resolution No. 202355 and Resolution No. 2022325 authorizing theDeveloper to construct critical roadways, including Lake Club Drive and Pathway Drive, which willprovide vehicular and pedestrian access from Planning Area 4 to the Subdivision.With previous Planning Area 5 subdivision approvals, the council’s approval of this Subdivision finalmap will allow the Developer to construct 185 total lots in Planning Area 5. Prior to issuance of the 86thcertificate of occupancy in Phase 1 of Planning Area 5, the MPUD conditions of development obligatethe Developer to complete construction of the 0.82acre pocket park at the corner of Lake Trail andVanden Road. Approval of the final map and execution of the Agreement will obligate the Developer to construct allpublic and private improvements, including streets, underground utilities, streetlights, and pedestriansidewalk, to serve future residents of the proposed subdivision.The Developer has provided all the necessary bonds and insurance and has paid the fees required toenter into this Agreement. Per Section 5.8.1.6 of the development agreement (DA) executed between the City and the Developer,the City may assign Transportation Improvements, as defined by the DA, up to a total value equal to2,125 equivalent dwelling units (EDUs). With approval of this Agreement, the Developer is obligated tocomplete public improvements up to approximately $23.9 million, in 2023 dollars. With execution of thisimprovement agreement, the Developer has now accrued enough fee assignment for the City to assignthe Developer the construction of transportation infrastructure. As part of the next subdivisionimprovement agreement, the City will assign the Developer to construct transportation improvements,which may include segments of Vanden Road/Jepson Parkway. The fee assignment is equal to thecumulative total of previously accrued fee assignments, escalated to 2023 dollars, in addition to feeassignments for Neighborhood O, as specified below: Planning Area 4 – Neighborhood 7 ($1,416,221.97, 2020 dollars)Planning Area 4 – Neighborhood 4B & 4C ($2,001,183.33, 2020 dollars)Planning Area 4 – Neighborhood 4A ($1,913,631.45, 2020 dollars)One Lake Apartments ($3,885,354.50 $3,417,217.50, 2020 dollars)Planning Area 4 – Neighborhood 8 ($2,067,787.00, 2021 dollars)Planning Area 4 – Neighborhood 5 ($3,754,916.24, 2021 dollars)Backbone – Phase 2 ( $4,363,717.10, 2021 dollars)Planning Area 4 – Neighborhood 6 ($2,894,238.11, 2021 dollars)Planning Area 5 – Neighborhood R, L, K1 ($5,401,163.00, 2022 dollars)Planning Area 5 – Neighborhood O ($2,990,447.18, 2023 dollars)As part of the development obligations, the Developer will be providing dust control by frequentlyapplying water to the site throughout construction, which is a typical mitigation measure. The proposedimprovements will have no traffic impacts, as the improvements contemplated are outside of any activeroadways. Additionally, the Developer will minimize disturbances to nearby residents by working withinthe allowed construction hours between 7 a.m. and 5 p.m. and performing public outreach to notifyresidents of any anticipated construction impacts.FINANCIAL IMPACTThere is no cost to the City in constructing the public improvements contemplated under the Agreement.Acceptance of the public improvements by council will obligate the City to maintain the publicimprovements, including Kashaya Drive, Waller Drive, Enliven Drive, Yarbrough Way, and public water,sewer, and storm utilities. The future homeowner’s association shall maintain improvements within thepedestrian realm, including landscape, irrigation, streetlights, and sidewalks. Maintenance costs shallbe funded by the newly formed TSSP Community Facilities District (CFD) #20181 and CFD #20191. PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTION Sections 66458 and 66462 of the Subdivision Map Act require that the council approve the Agreement if conditions of the tentative map have been met. The Developer has met the necessary conditions and has provided the proper documents for the Agreement. However, if the council has any questions regarding the layout of the subdivision or public improvement construction, approval may be postponed until the questions are addressed.

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 4287476
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
Neighborhood O Vicinity Map
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 6/6/2023 6:58 PM
Kaushal, Paul Approved 6/6/2023 7:23 PM
Beavers, Esther Approved 6/6/2023 8:01 PM
Beavers, Esther Approved 6/6/2023 8:01 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-163

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FINAL MAP

AND AUTHORIZING EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CANON STATION PLANNING AREA 5 – NEIGHBORHOOD O SUBDIVISION

WHEREAS, the final subdivision map of Canon Station Planning Area 5 – Neighborhood O subdivision, with provisions for its design and improvement, is consistent with the General Plan and the Specific Plan of the City of Fairfield; and

WHEREAS, the final map is in substantial compliance with the previously approved tentative map; and

WHEREAS, the city engineer has found the engineering design to be reasonable and consistent with the current City Standard Specifications and Details; and

WHEREAS, pursuant to Section 25.164 of the City of Fairfield Municipal Code, the city engineer has examined the final map and accessory data submitted and has determined that the subdivision as shown meets the requirements of the approved tentative map, the Subdivision Map Act, and the provisions of said ordinance and is technically correct; and

WHEREAS, the developer has provided all of the necessary bonds and insurance and paid the fees required to enter into this improvement agreement.

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

Section 1. The final map of Canon Station Planning Area 5 – Neighborhood O subdivision is hereby approved subject to the execution by all parties of the subdivision improvement agreement for that subdivision.

Section 2. All offers of dedication shown on said map are hereby accepted, subject to the improvement thereof required by the subdivision improvement agreement.

Section 3. The city engineer is authorized and directed to sign and approve the engineering plans, final map, and landscape drawings associated with the improvement agreement.

Section 4. The city manager is authorized and directed to execute that certain subdivision improvement agreement, between the City and One Lake Holding, LLC, to provide for the subdivision improvements required by the Subdivision Map Act and Chapter 25 (Subdivision Regulations) of the Fairfield City Code.

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RES. NO 2023-163

Page 2 ends

Section 5. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned agreement.

PASSED AND ADOPTED this 20th day of June, 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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CITY OF FAIRFIELD

SUBDIVISION IMPROVEMENT AGREEMENT
Canon Station Planning Area 5 - Neighborhood 0

ONE LAKE HOLDING, LLC
THIS AGREEMENT ("Agreement"), for purposes of identification, dated _ 2023 is made and entered into by and between the CITY OF FAIRFIELD, a California municipal corporation, hereinafter referred to as "City," and ONE LAKE HOLDING, LLC, a Delaware Limited Liability Company, hereinafter referred to as "Subdivider." City and Subdivider may be collectively referred to as the "Parties" or individually as a "Party." RECITALS:

A. Subdivider has presented to City a certain parcel map or final map of a proposed subdivision of land located within the corporate limits of City, said map having been prepared in accordance with the Subdivision Map Act of the State of California, the Subdivision Regulations of the City of Fairfield (Chapter 25, Fairfield City Code), and the tentative map of the subdivision heretofore approved by the City Council of the City.

B. The proposed development of land is commonly known and described as Canon Station Planning Area 5 - Neighborhood 0. Said subdivision is hereinafter referred to as "the subdivision."
C. The map of the subdivision was filed with the City Clerk for presentation to the City Council of the City for its approval, which map is referred to and incorporated herein.

D. Subdivider has requested approval of the map prior to the construction and completion of improvements, including, but not limited to, streets, highways, or public ways, public utility facilities, and design standards which are part of the provisions for lot grading and drainage in or appurtenant to the subdivision, that are required by the Subdivision Map Act, the Subdivision Regulations of the City, the tentative map (and approvals given in connection therewith), and final grading plan, if any, heretofore approved by -1-
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the C ity C ouncil of the C ity. S aid im provem ents are hereinafter referred to as the "R equired Im provem ents."
E . C ity C ounc il, by the adoption of R esolution N o . 2023- __ , incorporated he rein by reference, has approved the m ap of the subdivision and accepted all offers of dedication m ade in connection the rew ith (except as otherw ise pro vided in said resolution), on condition that S ubdivider first enter into and execute this subdivision im provem ent agreem ent w ith C ity and m eet the requirem ents of said R esolution.

A G R E E M E N T S :

T h e P art ies hereto agree as follow s:

1. P erform ance of W ork: S ubdivider agrees to furn ish, construct, and install at his ow n expense all R equired Im provem ents as show n on the plans and specifications of said subdivision, a copy of w hich is on file in the O ffi ce of the C ity E ngineer and is incorporated he rein by reference, along w ith any change s and m odifications as m ay be required by the C ity Enginee r due to erro rs of om ission on the plans.

2. W ork; S atisfaction of the C ity E ngineer: A ll of the w ork on the R equired Im pro vem ents is to be done at the places, of the m aterials, and in the m anner and at the grades, all as show n upon the approved plans and specifications and the C ity's S tandard S pecifications, and to the satisfaction of the C ity E ngineer. N o occupancy w ill be allow ed fo r any building w hich fr onts on im pro vem ents (incl uding energizing of streetlights) required by this subdiv ision agreem ent until those im provem ents are constructed and appro ved by the C ity E ngineer.

N o building perm its w ill be issued until the follow ing conditions are satisfied:
a. T he w ater system shall be constructed, tested (bacteriologically and pressure), final ro ck grade shall be attained, and fire hydrants brought to grade .
b. C urb and gutter shall be constructed along the fro ntage of the lots fo r w hich building perm its are being requested.
-2-
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c . A n a ll-w e a th e r a c c e s s ro a d to th e b u ild in g a re a w ith in th e rig h t-o f- w a y , a s a p p ro v e d b y th e F ire M a rs h a l, s h a ll b e c o n s tru c te d c o n s is tin g o f a m in im u m s ix in c h e s o f a g g re g a te b a s e ro c k . d . S e e S e c tio n 2 0 , "A d d itio n a l T e rm s a n d C o n d itio n s ", fo r a d d itio n a l b u ild in g p e rm it re s tric tio n s .

W o rk ; T im e fo r C o m m e n c e m e n t a n d P e rfo rm a n c e : C ity fi x e s th e ti m e fo r th e c o m m e n c e m e n t o f th e w o rk to b e d o n e o n th e d a y fo llo w in g a p p ro v a l o f th e A g re e m e n t, a n d fo r its c o m p le tio n to b e w ith in 3 6 5 c a le n d a r d a y s th e re a ft e r. A t le a s t fift e e n (15 ) c a le n d a r d a y s p rio r to th e c o m m e n c e m e n t o f w o rk h e re u n d e r, S u b d iv id e r s h a ll n o tify th e C ity E n g in e e r in w ritin g o f th e d a te fi x e d b y S u b d iv id e r fo r c o m m e n c e m e n t th e re o f, s o th a t th e C ity E n g in e e r s h a ll b e a b le to p ro v id e s e rv ic e s o f in s p e c tio n , a n d a p re - c o n s tru c ti o n m e e tin g s h a ll b e h e ld b e tw e e n th e P a rt ie s . 4 . T im e o f E s s e n c e ; E x te n s io n : T im e is o f th e e s s e n c e o f th is A g re e m e n t, b u t 3 .
5 .

6. the dates for commencement and completion of the work of construction may be extended as herein provided. The City Engineer shall be the sole and final judge as to whether good cause has been shown to entitle Subdivider to an extension.

Request for Extension; Granting: Requests for extension of commencement and completion date shall be in writing, shall be delivered to City in the manner hereinafter specified for services of notices.

Extensions shall be granted in writing and an oral extension shall not be valid for any purpose whatsoever.

Extension; No Release of Obligations: In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by Subdivider pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time.
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Extension; Conditions: The granting of any extension may be conditioned upon Subdivider providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Required Improvements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work.

8. Improvement Security: Concurrently with the execution hereof, Subdivider shall furnish City:

7. 9.
a. Improvement security in the sum of $1,982,557, which sum is equal to one hundred ten percent ( 110%) of the estimated cost of constructing the Required Improvements and the cost of any other obligation to be performed by Subdivider hereunder, securing the faithful performance of this Agreement.
b. Separate improvement security in the sum of $991,279, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Required Improvements, securing payment to the contractor, his subcontractor, and to persons furnishing labor, materials, or equipment to them for the construction of the Required Improvements.

The form of the improvement security shall be subject to the approval of the City Attorney. Improvement security shall be reduced or released by City only in the manner provided by the Subdivision regulations of City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.

Engineering and Inspection Fee:
a. Subdivider shall pay to the City an engineering plan check fee of

1.35% of the total cost of subdivision improvements, as estimated by the City Engineer, less the initial plan check fee of one percent (1 %) of the total cost paid upon first submittal of improvement plans, rounded to the nearest whole number. The total amount of this fee still due is:
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(1.35% X $1,802,325.00) - $22,711.39. = $1,619.99.
b. Subdivider shall pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required Improvements, rounded to the nearest whole number, as estimated by the City Engineer being:

5.5% X $1,802,325.00 = $99,127.85.

It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.
c. Subdivider shall pay to the City a fee for the City's cost to print mylar copies of the recorded Final Map at $15 per sheet, as estimated by the City Engineer being:
10 map sheets x $15 = $150.00.

It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.
d. Subdivider shall pay to the City an engineering plan check fee for plan checks provided by the Fairfield-Suisun Sewer District. The total amount of the fee still due is $425.00, as follows:

Residential Subdivision - Flat Rate = $425.00.

10. Hold Harmless Agreement: The Subdivider will indemnify, hold harmless, and defend the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damages (including property damage, personal injury, and death), and liabilities of every kind, directly or indirectly arising from the operations of Subdivider, its contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for Subdivider, its contractor or subcontractor, but not including the sole negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, or liabilities occurring after completion of the Required Improvements as well as during the work's progress. This indemnification, however, shall not apply to any claims, losses, damages, or liabilities occurring after the completion of the -5-
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Required Improvements by the Subdivider and their acceptance by the City which are not related directly or indirectly to the Subdivider's operations under this Agreement and the construction of the Required Improvements.

Acceptance of insurance certificates required under this agreement does not relieve Contractor from liability under this indemnity and hold harmless clause. This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of Subdivider's, contractor's or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

11. Subdivider's Insurance: Subdivider shall not commence work under this Agreement or permit his subcontractor to commence work thereunder until Subdivider shall have obtained or caused to be obtained all insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier.

Subdivider shall not allow any contractor or subcontractor to commence work on this contract until all insurance required of the subcontractor shall have been so obtained and approved. Said insurance shall be maintained in force and effect until the completion of work under this Agreement and the acceptance thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier.
a. W ORKER'S COMPENSATION INSURANCE: Subdivider shall
obtain and maintain (or cause to be obtained and maintained) workers' compensation insurance for all Subdivider's employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide workers' compensation insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the -6-
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project is not protected under any workers' compensation law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherw ise protected. Subdivider hereby agrees to indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractors to take out or maintain such insurance. Subdivider shall provide the Director of Public Works with a certificate of insurance indicating workers' compensation coverage prior to engaging in any activity required by this Agreement.
b. LIABILITY INSURANCE: Subdivider, at his sole expense, shall obtain and maintain (or cause to be obtained and maintained) an insurance policy or policies, issued by an admitted insurer or insurers as defined by the California Insurance Code, providing the City, its officers, employees, and agents, named as additional insureds under the policy, broad form property damage, personal injury, automobile, employers', and comprehensive form liability insurance in the amount of not less than $3 million per occurrence. By the terms of said insurance policy or policies, such insurance shall be deemed primary insurance, and no other insurance affected by the City or other named insureds will be called upon to cover a loss covered thereunder.

In the event that any of the aforesaid insurance policies provided for in this paragraph 11 insures any entity, persons, boards, or commissions other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents, and employees, Contractor and any subcontractor performing work covered by this Agreement.

12. Evidence of Insurance: Subdivider shall furnish the City Engineer concurrently with the execution hereof:
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a. A certificate of insurance providing that no cancellation, major change in coverage, expiration or renewal shall be made during the term of this agreement, without thirty (30) days written notice to the Director of Public Works prior to the effective date of such cancellation, change in coverage, expiration or non-renewal; b. A City standard endorsement form for insurance coverage (attached hereto) naming the City of Fairfield, its officers, employees, agents and volunteers and additional insureds.

13. Title to Improvements: Title to and ownership of all public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City. All common private improvements constructed hereunder by Subdivider shall vest absolutely in the Homeowner Association ("HOA") upon completion and acceptance of such improvements by the HOA.

14. Repair or Reconstruction of Defective W ork: If, within a period of one year after final acceptance of the public improvement work performed under this Agreement, any public improvement or part of any public improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherw ise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

All common private improvements that will be maintained by the HOA are covered under this Agreement. The Subdivider shall submit performance and labor and material bonds for the common private improvements. At the -8-
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time these improvements are completed to the satisfaction of the City Engineer, a warranty bond shall be submitted to release the original bonds.

15. Subdivider Not Agent of City: Neither Subdivider nor any of Subdivider's agents or subcontractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.

16. Notice of Breach and Default: If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider 's creditors, or if a receiver should be appointed in the event of Subdivider 's insolvency, or if Subdivider or any of Subdivider 's contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon Subdivider and Subdivider 's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider.

17. Breach of Agreement: Performance by Surety or City: In the event of any such notice, Subdivider 's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider 's surety shall be liable to City for any excess cost of damages occasioned City thereby; and in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor.
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18. Notices: All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

City Engineer
Fairfield City Hall
1000 Webster Street, Suite #300
Fairfield California 94533
Notices required to be given to Subdivider shall be addressed as follows:

ONE LAKE HOLDING LLC
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK CA 94596
(To be completed by Subdivider)
Notices to be given surety of Subdivider shall be addressed as follows:

ONE LAKE HOLDING LLC
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK CA 94596
(To be completed by surety of Subdivider)
Any Party or the surety may change such address by notice in writing to the other Party and thereafter notices shall be addressed and transmitted to the new address.

19. Public Improvement Oversizing: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 68, Chapter 10, Article IV, Sections 10.56 through 10.65; and Chapter 25, Article Ill, Section 25.166.79 through 25.166.81 is not applicable.

20. Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions:
a. Approval of this improvement agreement shall not obligate the City to subsequently accept improvements which strictly conform to the plans referenced by this agreement. All costs associated with modifications resulting from subsequent improvement plan changes required by the City shall be borne by the Subdivider.
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b. Temporary Sewer Lift Station: There is an existing gas main owned by Kinder-Morgan, located within the Vanden Road right-of-way.

Kinder-Morgan requires relocation of the existing gas main in order to connect the subdivision's proposed sewer improvements to existing sewer infrastructure, owned by the Fairfield-Suisun Sewer District, within Vanden Road. Prior to relocation of the gas main, the Subdivider intends to construct a temporary sewer lift station to pump sewage from the subdivision, over the Kinder-Morgan gas main, to the existing sewer infrastructure within Vanden Road. Furthermore, Parties intends to finalize and execute an "Interim Wastewater Facilities Agreement," obligating maintenance responsibility of the temporary lift station, and all upstream sewer improvements, to the Subdivider. The City shall not accept responsibility of any Required Improvements, specifically sewer improvements, prior to the Subdivider satisfying the terms of the executed "Interim W astewater Facilities Agreement."
c. DA Section 4.5.8.3 - Land Exchange: The subdivision includes development of 3.5 acres of City Property, as defined by the Amended and Restated Development Agreement, recorded on June 10, 2015 ("DA"), including any subsequent amendments to the DA. Per Section

4.5.8.3 of the DA, the developer shall pay to the City $45,105.60 concurrent with, or prior to, approval of the subdivision Final Map, the amount being a percentage of the total area of City Property, summarized as follows:
( 1.2 acres I 100 acres) x $3,758, 800.00 = $45,105.60
d. Train Station Specific Plan Community Facilities District: The subdivision shall annex into the new Train Station Specific Plans Community Facilities District (CFD #2018-1), which will provide funding for various elements of operations, maintenance and service, including but not limited to:
• Police Protection Services;
• Fire Protection and Suppression Services;
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• A m b u la n ce and Pa ram e d ic S e rv ice s;
• M a inte na n ce of R o a d , R o a dw ays, S id e w a lks, in cl u d in g T raffi c S ig n a ls, S tree tlig hts, and S o un d w a lls
• S to rm P ro tectio n (S torm D rain) S e rv ice s
• M a inte na nce , R e p a ir, and R e p la ce m e nt of P a rks, O p e n S p a ce , and P u b lic La ndsca p ing
• M a inte n a n ce of A rchitectura l A m e n itie s, Fe n ce s, o r B a rrie rs in the P u b lic R ig ht-o f-W ay
• A ny O the r P ub lic S e rv ice s autho rize d to be F u n d e d un d e r S e ctio n 5 3 3 13 of the C a lifo rn ia G o ve rn m e nt C o d e Pro pe rt y ow ne rs w ithin C F O #2 0 18 -1 are re q u ire d to p a y sp e cia l o n - go ing an n u a l asse ssm e nts. T he S u b d iv id e r sh a ll fu rn ish the ne cessa ry pro ce ssing fee s, do cu m e nts a n d bo u n d a ry m a p re q u ire d to anne x into C F O #2 0 18 -1 and co m p le te the an n e xa tio n p ro ce ss prio r to issua n ce of a n y B u ild ing pe rm its for the su b d iv isio n . A sse ssm e n ts w ill ha ve an an n u a l infla tio n adju stm e nt. P le a se re fe r to S e ctio n 5 .2 of the D A fo r ad d itio n a l inform a tio n on the C F O . e. Planning Area 5 Community Facilities District: The subdivision shall annex into the new One Lake Community Facilities District (CFO #2023-1 ), as opposed to the existing One Lake CFO for Planning Area 4 (CFO #2019-1 ). CFO #2023-1 will provide funding for various elements of infrastructure construction, maintenance, and public safety needs, including but not limited to:
• Onsite Backbone Street and Road Improvements and Facilities, including: wet utilities, traffic utilities, and pavement • In-tract Improvements, including: wet utilities, street signage, curb, and gutter
• Potable Water Improvements and Facilities;
• Storm Drain Improvements
• Sewer Improvements;
• Wetland Basins and Bio-retention Basins;
• Public neighborhood parks;
• Proposed sports park & complex
Property owners within CFO #2023-1 are required to pay special on- going annual assessments. The Subdivider shall furnish the necessary processing fees, documents and boundary map required to annex into CFO #2023-1 and complete the annexation process prior -12-
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to issuance of any Buildings permits for the subdivision. Assessments will have an annual inflation adjustment.
f. Northeast Special Impact Fee for Area-wide Infrastructure: The proposed project is within the Northeast Fairfield Area. Subdivider shall pay a Special Impact Fee (Fee) for area-wide infrastructure as a part of project development. The Fee amount is adjusted each April 1st for inflation using the Engineering News Record construction cost index from the preceding December. The Subdivider may construct certain infrastructure in-lieu of paying the fee, but such construction must be approved by the City Engineer and be consistent with the infrastructure plan described in the Revised Study of the Northeast Fairfield District (the Study). The City Engineer may approve modifications to the technical specifications in the Study to accomplish the purposes of the overall infrastructure plan, but under no circumstances may credits for the construction of infrastructure exceed the budgeted levels shown in the Study. The amount of credit given to Subdivider for in-lieu construction work may not exceed the amount of the special impact fees due for the subdivision. If this fee credit for improvements constructed is less than the total fee, Subdivider shall pay the remaining balance prior to the issuance of the applicable building permits. For additional information on fees and Subdivider obligations, contact the Fairfield Finance Department at (707) 428-7 496.
g. Updated Citywide AB1600 and Northeast Area Impact Fee Credits: Pursuant to Section 5.5.1 of the DA, City completed an update to the Study for the Citywide Traffic Impact Fee and Northeast Area Fee programs, previously adopted per Resolution No. 2013-69.

This update was adopted per City Council Resolution No. 2022-146 and City Council resolution No. 2022-269 (collectively, Fee Update). h. Northeast Impact Fee Credits: In accordance with the requirements of Section 5.5.1, Section 5.5.2, and Section 5.8.1 of the DA and any subsequent amendments, the Subdivider shall be assigned fees as -13-
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prescribed by the adopted Citywide Traffic Impact Fee and Transportation Component (Assigned Fees), escalated to the current year as documented in the Fee Update. As of the date of execution of this Agreement, the value of the Assigned Fees totals $2,990,447.18 (see Exhibit 1 ), for 63 Low-Density, Single-Family Dwelling Units ("DUs"), as shown on the subdivision Final Map. The assignments for this project, and the fee credits associated with it, are as follows:

1. Pursuant to Section 5.5.1.2 of the DA, the Subdivider shall pay $100,000 in cash to City at the time of City's issuance of building permits for the subdivision. Subdivider shall pay the $100,000 for the current year as part of the next subdivision improvement agreement. Therefore, the Assigned Fees
remains $2,990,447.18.

2. Pursuant to Section 5.8.1.1 0.b of the DA, the Subdivider may request to apply the fee credits Subdivider has currently earned for right-of-way dedication and environmental
mitigation towards a maximum of one-third of the dollar value of the imposed fees. Currently, the Subdivider has used all earned right-of-way and environmental mitigation credits, thus none shall be applied towards the Assigned Fees.

3. Accumulated Unassigned Fee Credits. Parties acknowledge and agree any previously identified, unassigned fee credits shall be included in the total Assigned Fee credits provided to Subdivider pursuant to this Agreement. The fees that have not yet been assigned total $20,902,281.57 (2023 dollars), see Exhibit 1 ), therefore the total Assigned Fees increases to $23,892,728.75.
$20,902,281.57 + $2,990,447.18 = $23,892,728.75

4. Parties acknowledge and agree the remaining Assigned Fees under this Agreement, a total of $23,892,728.75 (2023
dollars), will be subject to the terms and conditions of a future -14-
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improvement agreement between Subdivider and City,
governing the subdivision. In the event such an improvement agreement is not executed in 2023, the amount of the
outstanding Assigned Fees shall be escalated pursuant to City of Fairfield Resolution 2013-69 & Resolution 2022-269.

21. Prohibited Interest: No employee of the City shall have any direct financial interest in this agreement. This agreement shall be voidable at the opinion of the City if this provision is violated.
[continued on next page]
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22. Local Employment Policy: The City of Fairfield desires, wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

The City encourages an active affirmative action program on the part of its contractors, consultants, and developers.

When local projects require, subcontractors, contractors, consultants, and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures.

Dated: ----------
ATTEST:

By: _
City Clerk
City of Fairfield,
a municipal corporation
By: _
City Manager
One Lake Holding, LLC.,
a Delaware Corporation
Name: Steve Riter
Title:Co-President
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CITY OF FAIRFIELD

SUBDIVISION IMPROVEMENT AGREEMENT CHECK LIST
SUBDIVISION: Canon Station Planning Area 5 - Neighborhood 0 OWNER: One Lake Holding, LLC
ADDRESS: 2121 N. California Blvd., Suite 1010, Walnut Creek, CA 94596 COUNCIL MEETING DESIRED: June 06, 2023
SUBMISSION DEADLINE: May 10, 2023

DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC) 1.35% $1,802,325 $1,619.99 Engineering/Inspection Fee 5.5% $1,802,325 $99,127.85
Final Map Mylar Fee 10 $15 $150.00
Fairfield-Suisun Sewer District 1 $425 $425.00
DA Section 4.5.8.3 (Land Exchange) $45,105.60
TOTAL: $146,428.45
Civil Engineer's Estimate $1,509,000
Landscape Cost Estimate $197,325
Streetlight Cost Estimate 24 $4,000 $96,000
Total Cost Estimate $1,802,325
Faithful Performance Bond 110% $1,982,557
Labor and Materials Bond 55% $991,279
Insurance Certificate $3 Million
Signed Agreement
Distribution:

City Manager
City Engineer
Subdivider
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EX H IB IT 1
Number of Low-Density Dwelling Units (Neighborhod O) Cost Traffic AB 1600 Fee $660,933
63 Northeast Traffic Impact Fee $1,745,982
Northeast Linear Park Fee $433,850
Number of Medium Density Dwelling Units (Neighborhood O) Traffic AB 1600 Fee $0
0 Northeast Traffic Impact Fee $0
Northeast Linear Park Fee $0
2022 Fee Assignment Total (October 4, 2022) = $2,840,764.50 Fee Assignment Total (April 1, 2023) = $2,990,447.18
Fee Credit Summary Table
2023 Assignment Breakdown
AB1600 Traffic Impact $695,758.21
NE Traffic Impact $1,837,979.51
NE Linear Park $456,709.46
I Total $2,990,447.18
0NOTE: Lots 76 - 131 & Lots 432 - 438 on the Final Map are zoned as low-density residential on the Master Planned Unit Development entitlements for PAS.
•NOTE: Per Section 5.8.1 of the DA, the City may assign Transportation Improvements, as defined by the DA, equal to 150% of the number of dwelling units multiplied by the fee per density category. •NOTE: Calculation Formula and Example
2022 Assignment Total= Number of Residential Units
x (Citywide Traffic Impact Fee+ Transportation Component of NE Fee) x150%
2022 Assignment Total = 63 x ($6,994 + $18,476 +$4,591) )( 150% (low•density) $2,840,764.50
2023 Assignment Total = $2,84 0,764.50 )( CCI Escalation = $2,840 ,764.50 )( 1.05269
= $2,990 ,447.18
San Francisco Construction Cost Index Table J
DATE I SF CC Index I I
December 1, 20 10 10120.29 Annual
December 1, 2011 10204 .79 0.83%
December 1, 2012 !Q!~~~ 1.473%
December 1, 2013 I 10898.84 5.251% ::,,L::,1%
Accrued Assi_E:ned Fees
2013 I 2022 Project Assigned Fees Year I Fee Studv Fee Uodate Neighborhood 7 $1,416,221.97 2020 l X
Neighborhood 4B & 4C $2,CXll,183.33 2020
Neighborhood 4A $1,913 ,631.45 2020
One Lake Apartments $3,417,217.50 2020
Neighborhood 8 $2,06 7,787.00 2021
Neighborhood 5 $3,754,916.24 2021
Backbone- Phase2 $ (4,353./1/.10 ) 2021
Neighborhood 6 $2,894,238.11 2021
Neighborhood RLK $5,401,163.00 2022
Neighborhood O $2,990,447.18 2023
Accrued Asslgnl!d Fee T otaf:= $23,_§9p28.7S 2023'
•NOTE : Assigned fees in years prior to 2023, are escalated to 2023 in final Accrued Assigned Fee Total "NOTE: Negative Assigned Fee amounts represent previously assigned fees, reducing the cumulative "Accrued Assigned Fee Total"
•NOTE: One Lake Apartments Assignment is equal to the sum of the Citywide Traffic Impact Fees and Northeast Transportation Impact Fee, as assessed in the Fee Deferral Agreement, executed between the City, One lake Holding LLC, and the group collectively referred to as "Meta," assigned at 150"/4 of the total assessed fees, per the DA. •NOTE: One Lake Apartments Calculation Formula
December 1. 2014 I 10915.84 0.156% I 5.415%
December 1, 2015 1 111 55.41 I 2.195% 7.72 9%
December 1, 2016 11 60 9.44 I 4.070"/4 12.11 3%
December 1.!. 2017 12014.72 I 3.491% 16.027%
"One Lake Apartments" = (Citywide Traffic Impact Fee (2020) + Northeast Transportation Impact Fee (2020)
-$18,385 (One Lake Holding paid on 12/17/20 20, Deferral Agreement) = $971,280 + $1,325,2S0- $18,385
December 1.!. 2018 I 12 11 5.37 0.838% 16.999%
December 1, 2019 I 12764.52 5.358% 23.268%
= $2,278,145.00
x150'/4
December 1, 2020 I 13 168.76 3.167% I 27.172 %
December 1, 2021 I 14228.24 8.04 5% I 37.40 3%
= $3,417,217.50 (2020 dollars)
December 1~ 2022 I 14977 .94 5.269% I 44 .643%
•NOTE: First date of 2013 Fee Study fee:
•NOTE : First date of escalation:

May 21, 20 13
April 1, 2014
"NOTE: Fees escalated per the Engineering News Record Construction Cost Index as outlined in Fairfield Resolution 2013 -69 (Section 1, 3, and 4) & Resolution 2022-269 l) Traffic AB 1600 (Citywide Traffic Impact Fee)
2) Northeast Traffic Fee
3) Northeast Traffic Fee
4) Northeast Linear Park Fee
5) Northeast linear Park Fee
2022
$6,994 per single-family dwelling unit
$18,476 per low-density unit
$14,04 2 per medium-density unit
$4,591 per low-density unit
$4,0S 2 per medium-density unit
•NOTE: Impact Fees are based on the fees adopted by City Council Resolution No. 2022-269 •NOTE: City Council Resolution No. 2022-146 updated the Citywide Transportation Impact Fee and Northeast Area Development Impact Fees from the original Fee Study, previously adopted per City Council Resolution No. 2013 -69 "NOTE: First date of updated fee: December 5, 2022
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OPARCEL P1G:\1668\1668-16\ACAD\TM\PA5\TM01.DWGTENTATIVE MAPONE LAKE - PLANNING AREA 5CITY OF FAIRFIELD SOLANO COUNTY CALIFORNIASCALE: 1" = DATE: MAY 27, 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF 20 SHEETSSHEET NO.MANUEL CAMPOS PKWYPEABODY ROAD VAN
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Agenda Item No: 14.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023164 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a FiveYear Software Agreement with Flock Safety for License Plate Reading Products
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield entered into a software agreement with Flock Safety in May 2021 which expires this month. The proposed resolution approves an agreement with a fiveyear term.

DISCUSSION
The Police Department has 59 cameras in total located around the city. The cameras are placed along the I80 corridor, Highway 12 and various points of the city to capture vehicles entering the geographical boundaries of the Fairfield City limits. In addition, cameras have been strategically placed in areas that were identified through the use of data identified by crime trends as areas considered to be the most likely to assist with the reduction of crime and paths most likely to be taken by individuals who were recently involved in crimes.

The use of these cameras has led to over 200 cases being solved, over 100 stolen vehicles being recovered, as well as many other cases involving acts of violence being solved. Some cases of note, a homicide case being solved due to the use of our Flock cameras, a sexual assault suspect being identified and located within a few hours and many others. These cameras have proven to be very successful over the past two years and the department intends to retain the cameras and service for continued use. The original contract was for installation and purchase of the software for a limited term.

The proposed agreement is for a term of five years with a renewal fee of $118,408 annually.

FINANCIAL IMPACT
The total contract price for services shall not exceed $592,040 through fiscal year 2028. Funds for services are budgeted in the General Fund for the Police Department (Fund 101, Organization Code Packet Page 185 of 977

Agenda Item No: 14.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023164 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a FiveYear Software Agreement with Flock Safety for LicensePlate Reading ProductsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield entered into a software agreement with Flock Safety in May 2021 which expiresthis month. The proposed resolution approves an agreement with a fiveyear term.DISCUSSIONThe Police Department has 59 cameras in total located around the city. The cameras are placed alongthe I80 corridor, Highway 12 and various points of the city to capture vehicles entering the geographicalboundaries of the Fairfield City limits. In addition, cameras have been strategically placed in areas thatwere identified through the use of data identified by crime trends as areas considered to be the mostlikely to assist with the reduction of crime and paths most likely to be taken by individuals who wererecently involved in crimes. The use of these cameras has led to over 200 cases being solved, over 100 stolen vehicles beingrecovered, as well as many other cases involving acts of violence being solved. Some cases of note, ahomicide case being solved due to the use of our Flock cameras, a sexual assault suspect beingidentified and located within a few hours and many others. These cameras have proven to be verysuccessful over the past two years and the department intends to retain the cameras and service forcontinued use. The original contract was for installation and purchase of the software for a limited term.The proposed agreement is for a term of five years with a renewal fee of $118,408 annually.FINANCIAL IMPACT The total contract price for services shall not exceed $592,040 through fiscal year 2028. Funds for services are budgeted in the General Fund for the Police Department (Fund 101, Organization Code 50100, and Project 9410).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may choose to not adopt the resolution which would result in the Police Department not having license plate reading cameras.

STAFF CONTACT
Nick McDowell, Police Lieutenant
(707) 4287645
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 6/5/2023 3:36 PM
Packet Page 186 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-164

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

MANAGER TO EXECUTE A FIVE-YEAR SOFTWARE AGREEMENT WITH FLOCK SAFETY FOR

LICENSE PLATE READING PRODUCTS

WHEREAS, the Fairfield Police Department acknowledges reducing crime and stolen vehicles within our city is a priority; and

WHEREAS, Flock Safety provides a public safety operating system that helps communities and law enforcement agencies work together to reduce crime and better identify vehicles used in crimes; and

WHEREAS, the City of Fairfield entered into an agreement on May 25, 2021, for a two year term with Flock Safety to provide license plate reading services; and

WHEREAS, entering into a new agreement with Flock Safety will ensure continuity of services; and

WHEREAS, both the City of Fairfield and Flock Safety wish to enter into a new five year agreement.

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

Section 1. The City Council hereby authorizes the city manager to execute and approve the five year agreement for the purchase of the Flock Safety Platform.

PASSED AND ADOPTED this 20th day of June, 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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Agenda Item No: 15.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023165 of the City Council of the City of Fairfield Approving an Amendment to Resolution 99302 Revising the Fairfield Golf Advisory Board RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Several of the previous items listed within Resolution 99302 are no longer relevant, i.e., in December 2021 the City Council eliminated term limits for all boards, commissions, and committees. The proposed resolution revises the structure and duties of the Fairfield Golf Advisory Board (GAB).

DISCUSSION
In January 2022, the staff management and oversight of the GAB transitioned from Public Works to Parks & Recreation. The Parks & Recreation Director provided the GAB with a review of the evolution and current practices of the Board and parliamentary procedure. Through a series of work sessions with the GAB, collectively, staff and Board members developed a full revision of Resolution 99302 to convey the new basis of the GAB structure, term, and role.

FINANCIAL IMPACT
There are no defined financial impacts; however, with modification to quarterly meetings, costs associated with staff resources may be reduced.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The language in the proposed resolution was established through work sessions with the GAB. The final draft was presented to the board, and all members present (six of seven board members) recommended submittal to City Council for adoption.

ALTERNATIVE ACTION
Provide staff direction as appropriate.

Packet Page 240 of 977

Agenda Item No: 15.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023165 of the City Council of the City of Fairfield Approving anAmendment to Resolution 99302 Revising the Fairfield Golf Advisory BoardRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUESeveral of the previous items listed within Resolution 99302 are no longer relevant, i.e., in December2021 the City Council eliminated term limits for all boards, commissions, and committees. Theproposed resolution revises the structure and duties of the Fairfield Golf Advisory Board (GAB).DISCUSSIONIn January 2022, the staff management and oversight of the GAB transitioned from Public Works toParks & Recreation. The Parks & Recreation Director provided the GAB with a review of the evolutionand current practices of the Board and parliamentary procedure. Through a series of work sessionswith the GAB, collectively, staff and Board members developed a full revision of Resolution 99302 toconvey the new basis of the GAB structure, term, and role.FINANCIAL IMPACTThere are no defined financial impacts; however, with modification to quarterly meetings, costsassociated with staff resources may be reduced.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe language in the proposed resolution was established through work sessions with the GAB. Thefinal draft was presented to the board, and all members present (six of seven board members)recommended submittal to City Council for adoption.

ALTERNATIVE ACTION
Provide staff direction as appropriate.

STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 4287470
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Attachment 1: Resolution No. 99302
Attachment 2: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaunzinger, Kristina Approved 6/5/2023 4:48 PM
Beavers, Esther Approved 6/5/2023 5:50 PM
Beavers, Esther Approved 6/5/2023 5:51 PM
Packet Page 241 of 977

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CITY OF FAIRFIELD

RESOLUTION NO. 2023-165

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AN AMENDMENT TO RESOLUTION 99-302 REVISING THE STRUCTURE AND DUTIES OF THE FAIRFIELD GOLF

ADVISORY BOARD

WHEREAS, Resolution 90-89 established a five-member Rancho Solano Golf Course Advisory Board; and

WHEREAS, Resolution 93-40 renamed and revised the Fairfield Golf Advisory Board (GAB), and Resolution 99-302 revised the role and responsibilities of the GAB; and

WHEREAS, in December 2021, the City Council eliminated term limits and in 2022 held work sessions to discuss revisions to the structure and duties of the GAB.

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

Section 1. The Fairfield Golf Advisory Board is the official name and title of the advisory board and is referenced as the “GAB.”

Section 2. The purpose of the GAB is to assist in the promotion and development of golf for all ages in the community at both Paradise Valley Golf Course and Rancho Solano Golf Course.

Section 3. The members of the GAB shall be appointed by the mayor with the approval of the City Council. The term of office shall be four years, beginning on January 1 and ending on December 31. There are no term limits.

Section 4. The GAB is comprised of seven members reporting to the Fairfield City Department designated by the city manager. Members must be residents of Fairfield and must be active participants at either or both golf courses. A balance of Board members should be selected from all sections of the community of Fairfield with the preference of having one member representing each Council District.

Section 5. The GAB shall hold at least one regular meeting quarterly.

Section 6. Annually and at the first regular meeting, the GAB members shall select from and among them a chair and vice-chair to serve for one year at the pleasure of the Board. There are no term limits.

Section 7. Failure of a member to attend two consecutive regular meetings of the GAB without the consent of the group shall be deemed vacated.

Packet Page 244 of 977Attachment 2 Page 1 of 2

RES. NO. 2023-165

Page 2 ends

Section 8. While the primary role of the GAB is to assist in the promotion and development of golf in the community and encourage golf awareness, participation, and support for both Rancho Solano and Paradise Valley Golf Courses and while the day-to-day operation is led by the City’s contract management service provider, the GAB plays a critical role in representing the community’s interest with respect to safeguarding and ensuring access to the golf courses and related facilities. This is accomplished through an objective perspective as both golf participant and advocate of furthering the City’s mission and goals for expanding programming and general use of the public facilities.

Section 9. GAB responsibilities may include the following:
a. Assisting with prioritization of capital improvement projects b. Reviewing and recommending proposed fee adjustments
c. Providing observation and making recommendations to the department regarding operations and maintenance of the golf courses and on premise restaurants d. Suggesting and/or reviewing proposed modifications to the Golf Operating Manual e. Suggesting and/or reviewing various proposed policy and procedure changes f. Serving as volunteers at signature golf course fundraising events g. Advocating use of facilities – public and private events, activities, and programming h. Serving on RFP/RFQ selection panel

Section 10. GAB representative(s) to provide semi-annual report to City Council.

PASSED AND ADOPTED this 20th day of June, 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 245 of 977Attachment 2 Page 2 of 2

Agenda Item No: 16.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023166 of the City Council of the City of Fairfield Authorizing the City Manager to Execute and Extend the Terms of Two Current Memorandums of Understanding Between the City of Fairfield and SHELTER Solano, Inc. for the Provision of Emergency Shelter Beds
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
To provide a place for homeless persons to take shelter who might otherwise spend the night on the streets, sidewalks, or parks of the city, the City of Fairfield has made efforts to increase availability and access to emergency shelter consistent with the City Council’s goals and priorities. Adoption of the proposed resolution approves and extends the current memorandums of understanding (MOUs) with SHELTER Solano, Inc. to further support the City's Homeless Strategy by providing emergency shelter beds and wrap around services to homeless individuals referred by the City's Homeless Services Division and Police Homeless Intervention Team (HIT).

DISCUSSION
The City of Fairfield currently has two agreements with SHELTER Solano, Inc. for 25 emergency shelter beds at 310 Beck Avenue, utilizing two separate funding sources. Contracting emergency shelter beds is part of the City’s strategy to reduce homelessness as it allows direct access for the Homeless Intervention Team to refer participants into shelter and reduce the number of unsheltered individuals living on the streets.

Permanent Local Housing Allocation Beds – 15 Beds
The Permanent Local Housing Allocation (PLHA) provides funding to local governments in California for housingrelated projects and programs that assist in addressing unmet housing needs of local communities. PLHA is an entitlement grant and the amount allocated to the City is based on prior year real estate transactions recorded in each county. Authorized by City Council Resolution 2020208, the City began utilizing PLHA funds in 2021 for ten emergency shelter beds. The City Council amended the original contract by Resolution 2020305 extending the term through June 30, 2023, and increasing the number of beds to 15.

Packet Page 246 of 977

Homeless Services Division, General Fund Beds – 10 Beds In addition to the PLHA funded beds, the City also funds an additional 10 beds. Initially the 10 beds were funded using Community Development Block Grant (CDBG)COVID funds. When funding expired the City supplemented the beds using the Housing Construction Fund. Due to the high utilization by Fairfield Police Department and staff in referring participants into these beds, ongoing funding for these beds has been budgeted in the Homeless Services Division General Fund budget.

Program Successes
The existing funding agreements have enabled the Homeless Services Division and the Homeless Intervention Team (HIT) to assist homeless individuals and families in getting off the streets and into shelter and services. Throughout fiscal year 202223, HIT has referred 89 unsheltered individuals to Shelter Solano, Inc. Twentyone of these individuals are still in the program and receiving wrap around services to move towards permanent housing. Sixteen individuals now live with family or have exited the program to permanent housing.

Navigation Center Transition
SHELTER Solano continues to work on transitioning 310 Beck Avenue from the current emergency shelter model to a Regional Navigation Center. A key component to this transition is the completion of the commercial kitchen which is expected to be completed this summer. In addition to the kitchen completion, SHELTER Solano has been awarded funds from Community Action Partnership (CAP) Solano, Joint Powers Authority (JPA) to complete deferred maintenance over the next year to assist in the shelter transition. The proposed resolution and MOU will give the city manager the necessary authority to partner with SHELTER Solano and transition our sheltering agreement to a navigation center agreement should the transition be completed prior to the next renewal.

FINANCIAL IMPACT
Due to the two separate funding sources, the City will maintain two separate MOUs with matching language. Below is the not to exceed costs for each contract:

Funding Source Total Beds Not to Exceed
PLHA 15 $458,389
HSD General Fund 10 $300,000
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolution that authorizes the city manager to execute an extension of the MOU between the City of Fairfield and SHELTER Solano, Inc. to provide Emergency Shelter beds. However, this is not recommended, as this resolution aligns with the City’s efforts to increase availability and access to emergency shelters overnight and permanently reduce homelessness.

STAFF CONTACT
April Cobb, Management Analyst I
(707) 4287609
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Police Department Packet Page 247 of 977

Agenda Item No: 16.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023166 of the City Council of the City of Fairfield Authorizing the CityManager to Execute and Extend the Terms of Two Current Memorandums ofUnderstanding Between the City of Fairfield and SHELTER Solano, Inc. for theProvision of Emergency Shelter BedsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUETo provide a place for homeless persons to take shelter who might otherwise spend the night on thestreets, sidewalks, or parks of the city, the City of Fairfield has made efforts to increase availability andaccess to emergency shelter consistent with the City Council’s goals and priorities. Adoption of theproposed resolution approves and extends the current memorandums of understanding (MOUs) withSHELTER Solano, Inc. to further support the City's Homeless Strategy by providing emergency shelterbeds and wrap around services to homeless individuals referred by the City's Homeless ServicesDivision and Police Homeless Intervention Team (HIT).DISCUSSIONThe City of Fairfield currently has two agreements with SHELTER Solano, Inc. for 25 emergency shelterbeds at 310 Beck Avenue, utilizing two separate funding sources. Contracting emergency shelter bedsis part of the City’s strategy to reduce homelessness as it allows direct access for the HomelessIntervention Team to refer participants into shelter and reduce the number of unsheltered individualsliving on the streets.Permanent Local Housing Allocation Beds – 15 BedsThe Permanent Local Housing Allocation (PLHA) provides funding to local governments in California forhousingrelated projects and programs that assist in addressing unmet housing needs of localcommunities. PLHA is an entitlement grant and the amount allocated to the City is based on prior yearreal estate transactions recorded in each county. Authorized by City Council Resolution 2020208, theCity began utilizing PLHA funds in 2021 for ten emergency shelter beds. The City Council amended theoriginal contract by Resolution 2020305 extending the term through June 30, 2023, and increasing thenumber of beds to 15.Homeless Services Division, General Fund Beds – 10 BedsIn addition to the PLHA funded beds, the City also funds an additional 10 beds. Initially the 10 bedswere funded using Community Development Block Grant (CDBG)COVID funds. When funding expiredthe City supplemented the beds using the Housing Construction Fund. Due to the high utilization byFairfield Police Department and staff in referring participants into these beds, ongoing funding for thesebeds has been budgeted in the Homeless Services Division General Fund budget.Program SuccessesThe existing funding agreements have enabled the Homeless Services Division and the HomelessIntervention Team (HIT) to assist homeless individuals and families in getting off the streets and intoshelter and services. Throughout fiscal year 202223, HIT has referred 89 unsheltered individuals toShelter Solano, Inc. Twentyone of these individuals are still in the program and receiving wrap aroundservices to move towards permanent housing. Sixteen individuals now live with family or have exited theprogram to permanent housing.Navigation Center TransitionSHELTER Solano continues to work on transitioning 310 Beck Avenue from the current emergencyshelter model to a Regional Navigation Center. A key component to this transition is the completion ofthe commercial kitchen which is expected to be completed this summer. In addition to the kitchencompletion, SHELTER Solano has been awarded funds from Community Action Partnership (CAP)Solano, Joint Powers Authority (JPA) to complete deferred maintenance over the next year to assist inthe shelter transition. The proposed resolution and MOU will give the city manager the necessaryauthority to partner with SHELTER Solano and transition our sheltering agreement to a navigationcenter agreement should the transition be completed prior to the next renewal.FINANCIAL IMPACTDue to the two separate funding sources, the City will maintain two separate MOUs with matchinglanguage. Below is the not to exceed costs for each contract:Funding Source Total Beds Not to ExceedPLHA15$458,389HSD General Fund 10 $300,000PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to adopt the resolution that authorizes the city manager to execute anextension of the MOU between the City of Fairfield and SHELTER Solano, Inc. to provide EmergencyShelter beds. However, this is not recommended, as this resolution aligns with the City’s efforts toincrease availability and access to emergency shelters overnight and permanently reducehomelessness.STAFF CONTACTApril Cobb, Management Analyst I(707) 428[email protected] COORDINATED WITH
City Attorney's Office, City Manager's Office, Police Department ATTACHMENTS:

Description
Resolution
MOU_HCF
Exhibits AD
MOU_PLHA
PLHA Exhibits AD
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 6/6/2023 8:25 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-166

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

MANAGER TO EXECUTE AND EXTEND THE TERMS OF TWO CURRENT MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND SHELTER SOLANO, INC. FOR THE

PROVISION OF EMERGENCY SHELTER BEDS

WHEREAS, the City strives to increase availability and access to emergency shelter in order to provide a place for homeless persons to take shelter who might otherwise spend the night on the streets, sidewalks, and parks of the city without shelter; and

WHEREAS, the City has two contracts with Shelter Solano, Inc. for 25 emergency shelter beds funded by the Housing Construction Fund (HCF) and the Permanent Local Housing Allocation Fund (PLHA), and both are set to expire on June 30, 2023; and

WHEREAS, SHELTER Solano, Inc. provides emergency shelter beds and programs and has assisted 16 homeless individuals and families in Fairfield to get off the streets and secure shelter and services that provide long-term success; and

WHEREAS, the City wishes to extend the current Memorandums of Understanding (MOUs) and continue an agreement between the Parties for the provision of 25 emergency shelter beds at SHELTER Solano, thereby continuing shelter services on behalf of the City's Homeless Services Division and Police Homeless Intervention Team for a period of 12 months at a cost not to exceed $300,000 using HCF funds and $458,389 using PLHA funds; and

WHEREAS, each Party has caused these MOUs to be duly approved by its respective governing body and by so doing, has found and determined that this MOU furthers the health, safety, and general welfare of their respective residents; and

WHEREAS, the council finds that this Resolution is exempt from review under the Cali fornia Environmental Quality Act pursuant to Government Code Section 8698.4(a)(4), as an action taken by the City to provide financial assistance to a homeless shelter constructed or allowed pursuant to that section.

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

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

Section 2. The city manager, or his designee, is hereby authorized to negotiate and execute an MOU with SHELTER Solano, Inc. to provide 25 Emergency Shelter beds and do all things necessary or proper to implement the MOU. The MOU shall have a not-to-exceed amount of Packet Page 249 of 977Attachment 1 Page 1 of 2

RES. NO. 2023-166

Page 2 ends

$300,000 in HCF funds and $458,389 in PLHA funds and be substantially in the form o f the MOUs attached to the staff report associated with this resolution, with such changes as may be approved by the city attorney.

Section 3. The city manager, or his designee, is hereby authorized and directed to do all things necessary and proper to effectuate the purpose of this resolution.

Section 4. The city manager is authorized to approve amendments to the contract amount within the city manager's signing authority.

Section 5. This resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 20th day of June, 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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Memorandum of Understanding
Housing Construction Fund

NOW, THEREFORE, the Parties agree as follows:

Part I
Roles and Responsibilities

A. CITY's Role and Responsibilities.

1. CITY, through the City Manager or Designee, shall designate a primary point of contact for all matters related to the performance of this Agreement (“City Liaison”).

2. CITY’S role is to provide administrative oversight and monitoring of the contracted (10) Emergency Shelter Beds (“Program”).

3. CITY shall approve operational procedures, eligibility screening requirements, and enrollment guidelines. Future changes require the same approval.

4. CITY (City Manager or Designee and Police Chief or Designee) shall be solely responsible for referring all homeless individuals (“Participants”) to the PROVIDER. Any outside non- City referrals will not be considered as a part of this Agreement and shall be considered ineligible for the CITY reimbursement.

5. CITY shall ensure that referrals made pursuant to this MOU shall require a SHELTER Solano Fairfield Referral Form be provided to PROVIDER staff upon referral of persons to the program, as attached in Exhibit “D”.

B. PROVIDER's Role and Responsibilities.

1. PROVIDER shall designate a primary point of contact for all matters related to the performance of this Agreement (“Provider Liaison”).

2. PROVIDER will provide the non-exclusive use of the Property for the Program at no cost so long as the Program is operating; and provide access to tap water and a reasonable supply of electricity for the Program, with the cost of electricity utilities to be paid by the PROVIDER.

3. PROVIDER hereby agrees to use the funds for eligible activities as approved by the CITY and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with each funding source.

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4. PROVIDER must provide emergency shelter activities in a manner consistent with the Housing First Practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC section 8255(b)(8).

5. PROVIDER shall provide a minimum of 10 emergency shelter beds with “wrap around” services at SHELTER Solano (located at 310 Beck Avenue, Fairfield, CA 94533-6836) for people experiencing homelessness. PROVIDER’S “wrap around" services for each referred homeless individuals shall include, but not be limited to, providing food (three meals per day plus snacks), case management, employment services, housing navigation, access to legal services, and other related services, subject to the requirements of the SHELTER Solano, Inc. Management Plan attached as Exhibit “A”, the SHELTER Solano, Inc. Program Budget as attached in Exhibit “B”, Insurance Requirements as attached in Exhibit "C”, and SHELTER Solano Fairfield Referral Form as attached in Exhibit “D”.

6. In order to limit impact on surrounding properties, hours of operation for intake of guests and provision of services shall be limited from 8:30 AM to 3:30 PM Monday - Friday.

7. PROVIDER will ensure that the Property will meet Health and Safety Requirements and comply with local codes, as appropriate, have appropriate security personnel, be accessible to participants, and have sufficient staff and funds to operate the Program.

8. PROVIDER shall prepare and enforce all rules as outlined in the Management Plan, to be approved by CITY, and included in PROVIDER's shelter policies for conduct and safety.

9. PROVIDER shall utilize the Homeless Management Information System (HMIS) to ensure accurate data is collected for reporting and referrals. Copies of all referral forms shall be provided in a location accessible to the CITY and shall be kept current.

10. PROVIDER shall integrate and coordinate with existing Solano County Housing First homeless initiatives so long as there is no threat to the safety of PROVIDER staff or Participants.

11. PROVIDER shall make available as requested by CITY, Participant and Program data for those served under this Agreement, including but not limited to data on Participant intake and exit, when and where participants have exited, and Program successes and challenges. PROVIDER shall submit monthly reports no later than 15 days after the end of each month during the contract period and a final narrative report within thirty {30} days after the end of the contract period, in a format approved by CITY, and other reports as may be required by CITY. The report will include a narrative accounting of the progress achieved toward the Scope of Work objectives, and the following client information:

i. Types of services rendered to clients
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ii. Client Characteristics

1. Client intake/exits

2. Date of admittance, length of stay

3. Client HMIS number (unduplicated)

4. City of residency (or location of last place stayed prior to coming to Shelter)

5. Race/ethnicity

6. Gender

7. Age

8. Number of clients with disabilities (specific type of disability)

9. Number of clients who are veterans of the U.S. Armed Forces

12. PROVIDER shall make available reporting data for the length of this Agreement, including all program related expenses set forth in Exhibit "B" for the prior month with the proper back-up documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or payroll stubs, occupancy data etc.). Any expense not authorized by this Agreement as set forth in Exhibit "B" and/or submitted without proper back-up documentation will be disallowed and must be reimbursed to the CITY.

13. PROVIDER shall immediately exit any Participant remaining after the term of this Agreement expires unless transferred to another funded program.

14. PROVIDER shall provide the CITY within five (5) business days such reports and information as the CITY may reasonably request.

15. PROVIDER, at its own expense, shall procure and maintain for the duration of t his Agreement policies of insurance, the requirements for which are set forth in Exhibit "C".

C. Mutual Roles and Responsibilities

1. It is the intent of the Parties to be collaborative in all matters to ensure the health and safety of the residents of the City of Fairfield.

2. Parties agree that the services provided under this Agreement will be made available at the following address (Property):

SHELTER, Solano, Inc.
310 Beck Avenue, Fairfield, CA 94533-6836

lead to eviction of any resident while the declaration of the State of Emergency remains in effect. Both Parties agree to work together to find resolutions that avoid eviction whenever possible. The written policy shall clearly define the type(s) of behavior that could lead to eviction, set concrete notice requirements for residents at-risk of eviction, and set forth the specific roles of the CITY and PROVIDER. It shall also establish a process for managing the repercussions of any eviction.

4. The Parties shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and all applicable state laws, regulations, and policies relating to client rights and confidentiality.

5. The PROVIDER agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the PROVIDER, its Subrecipients, and any other grant activity.

Part II
General Terms and Conditions

A. Term of Agreement.

The term of this Agreement shall begin on the Effective Date and shall remain in effect until June 30, 2024, unless earlier terminated in writing by the Parties.

B. Payment.

In consideration for the costs incurred for the services to be provided under this Agreement, CITY shall pay to PROVIDER $300,000.00 on a reimbursement basis every thirty (30) days thereafter until the expiration or termination of this Agreement. The payments made by CITY to PROVIDER under this Agreement shall collectively be referred to as the "City Funds." The total amount of the City Funds shall not exceed $300,000.00.

This equates to approximately $83 per night, per bed for the 12-month period. The monthly allowable line-item cost for "Operating Costs" as referred to in Program Budget as attached in Exhibit "B", for the ten (10) beds shall be $25,000, whether the beds are filled or not. City Funds must be spent in accordance with this Agreement. Any City Funds remaining that are not expended or legally obligated for the services required to be provided by PROVIDER upon expiration or termination of this Agreement shall be returned to CITY within thirty (30) days. PROVIDER shall maintain invoices with recei pts, or other documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or pay stubs, occupancy data etc.) supporting expenditures made pursuant to this Agreement and shall submit such documentation to CITY within thirty (30) days following receipt of initial payment of City Funds and by the 15th of every month thereafter. Any Packet Page 254 of 977Attachment 2 Page 4 of 8

tangible property purchased with City Funds during the duration of this Agreement is considered the property of the CITY.

C. Indemnification.

Each Party shall indemnify, defend, protect, hold harmless, and release the other Party and its elected bodies, officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying Party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee benefit acts.

D. No Waiver
The waiver by any Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.

E. Notices.

All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that a Party desires to give to the other Parties shall be addressed to the other Parties at the addresses set forth below. A Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.

PROVIDER
John Eckstrom, CEO
SHELTER, Solano, Inc.

P.O. Box 5368
Concord, CA 94524-0368

CITY OF FAIRFIELD
David Gassaway, City Manager City
of Fairfield
1000 Webster Street
Fairfield, CA 94533-4836
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F. Amendment/Modification.

This Agreement may be modified or amended only in writing and with the prior written consent of the Parties.

G. Termination.

1. Termination for Convenience: Either Party may terminate this Agreement for any reason by notifying the other party in writing thirty (30} days prior to the effective date of termination.

2. Termination for Cause: If PROVIDER fails to perform any of the responsibilities under this Agreement or if PROVIDER fails to comply with any other provisions of this Agreement, the CITY may terminate this Agreement for cause. Termination shall be effected by serving written notice of termination on the PROVIDER setting forth the manner by which PROVIDER is in default.

If it is later determined by the CITY that the PROVIDER had an excusable reason for not performing, such as an epidemic, fire, or other events which are not the fault of or are beyond the control of the PROVIDER, the CITY, after setting up a new delivery of performance schedule, may allow the PROVIDER to continue work, or treat the termination as a termination for convenience.

3. Opportunity to Cure: The CITY in its sole discretion may, in the case of a termination for breach or default, allow the PROVIDER five (5} days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If PROVIDER fails to remedy to CITY's satisfaction and within five (5) days of receipt of the written notice of termination, CITY shall have the right to terminate the Agreement without any further obligation to PROVIDER.

4. Waiver of Remedies: In the event that CITY elects to waive its remedies for any breach by PROVIDER of any covenant, term or condition of this Agreement, such waiver by CITY shall not limit CITY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement.

H. Severability.

If any provision or portion of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.

I. Compliance with all Laws. Venue.

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The Parties shall observe and comply with all applicable federal, state, and local laws, ordinances, and codes. Venue for any legal dispute shall be the Solano County Superior Court or the United States Eastern District of California.

J. Non-Discrimination Clause.

1. During the performance of this Agreement, the Parties and their subcontractors shall not deny any benefits or privileges to any person on the basis of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation. Each Party shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

2. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), regulations promulgated pursuant to it (Title 2, California Code of Regulations, section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time.

K. Access Records and Retention
All Parties, acting through their duly authorized representative, as well as any federal or state granter agency providing all or part of the funding associated with this Agree ment, the papers, Controller, the Comptroller General of the United States, and the duly authorized representatives of any of Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions.

Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.

K. Assignment.

Except as otherwise permitted by this Agreement, no assignment of rights and obligations hereunder shall be valid without prior written consent of the non-assigning Party.

L. Entirety of Agreement.

This Agreement constitutes the entire Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, among the Parties with respect to the subject matter of this Agreement.

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IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the date first above written.

PROVIDER CITY OF FAIRFIELD, a municipal corporation

By: ___________________ By: _________________________

APPROVED AS TO FORM

By: __________________________
City Attorney

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EXHIBIT A

SHELTER SOLANO MANAGEMENT PLAN

(attached)

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Memorandum of Understanding
Permanent Local Housing Fund

NOW, THEREFORE, the Parties agree as follows:

Part I
Roles and Responsibilities

A. CITY’s Role and Responsibilities.

1. CITY, through the City Manager or Designee, shall designate a primary point of contact for all matters related to the performance of this Agreement (“City Liaison”).

2. CITY’S role is to provide administrative oversight and monitoring of The Way Home PLHA Sheltering Program contracted 15 Emergency Shelter Beds (“Program”).

3. CITY shall approve operational procedures, eligibility screening requirements, and enrollment guidelines. Future changes require the same approval.

5. CITY shall ensure that referrals made pursuant to this MOU shall require a Shelter Solano, Inc. Fairfield Referral Form be provided to PROVIDER staff upon referral of persons to the program, as attached in Exhibit “D”.

B. PROVIDER’S Role and Responsibilities.

1. PROVIDER shall designate a primary point of contact for all matters related to the performance of this Agreement (“Provider Liaison”).

3. PROVIDER hereby agrees to use the funds for eligible activities as approved b y the CITY and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with each funding source.

4. PROVIDER will strictly comply with the terms, conditions, and requirements of the Permanent Local Housing Allocation (PLHA) Statutes, Guidelines, the Notice of Funding Packet Page 337 of 977Attachment 4 Page 1 of 8

PAGE 2

Availability (NOFA), the "Standard Agreement" entered into by the CITY and the Department attached as Exhibit "E", and this Agreement.

5. PROVIDER must provide emergency shelter activities in a manner consistent with the Housing First Practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC section 8255(b)(8).

6. PROVIDER shall provide a minimum of 15 emergency shelter beds with “wrap around” services at SHELTER Solano (located at 310 Beck Avenue, Fairfield, CA 94533-6836) for people experiencing homelessness. PROVIDER’S “wrap around" services for each referred homeless individuals shall include, but not be limited to, providing food (three meals per day plus snacks), case management, employment services, housing navigation, access to legal services, and other related services, subject to the requirements of the SHELTER Solano, Inc. Management Plan attached as Exhibit “A”, the SHELTER Solano, Inc. Program Budget as attached in Exhibit “B”, Insurance Requirements as attached in Exhibit "C”, and SHELTER Solano Fairfield Referral Form as attached in Exhibit “D”.

7. In order to limit impact on surrounding properties, hours of operation for intake of guests and provision of services shall be limited from 8:30 AM to 3:30 PM Monday - Friday.

8. PROVIDER will ensure that the Property will meet Health and Safety Requirements and comply with local codes, as appropriate, have appropriate security personnel, be accessible to participants, and have sufficient staff and funds to operate the Program.

9. PROVIDER shall prepare and enforce all rules as outlined in the Management Plan, to be approved by CITY, and included in PROVIDER's shelter policies for conduct and safety.

10. PROVIDER shall utilize the Homeless Management Information System (HMIS) (or alternative case management system as approved by the CITY) to ensure accurate data is collected for reporting and referrals. Copies of all referral forms shall be p rovided in a location accessible to the CITY and shall be kept current.

11. PROVIDER shall integrate and coordinate with existing Solano County Housing First homeless initiatives so long as there is no threat to the safety of PROVIDER staff or Participants.

12. PROVIDER shall make available as requested by CITY, Participant and Program data for those served under this Agreement, including but not limited to data on Participant intake and exit, when and where participants have exited, and Program successes and challenges. PROVIDER shall submit monthly reports no later than 15 days after the end of each month during the contract period and a final narrative report within thirty {30} days Packet Page 338 of 977Attachment 4 Page 2 of 8

PAGE 3

after the end of the contract period, in a format approved by CITY, and oth er reports as may be required by CITY. The report will include a narrative accounting of the progress achieved toward the Scope of Work objectives, and the following client information:

i. Types of services rendered to clients
ii. Client Characteristics

1. Client intake/exits

2. Date of admittance, length of stay

3. Client HMIS number (unduplicated)

4. City of residency (or location of last place stayed prior to coming to Shelter)

5. Race/ethnicity

6. Gender

7. Age

8. Number of clients with disabilities (specific type of disability)

9. Number of clients who are veterans of the U.S. Armed Forces

13. PROVIDER shall make available reporting data for the length of this Agreement, including all program related expenses set forth in Exhibit "B" for the prior month with the proper back-up documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or payroll stubs, occupancy data etc.). Any expense not authorized by this Agreement as set forth in Exhibit "B" and/or submitted without proper back-up documentation will be disallowed and must be reimbursed to the CITY.

14. PROVIDER shall immediately exit any Participant remaining after the term of this Agreement expires unless transferred to another funded program.

15. PROVIDER shall provide the CITY within five (5) business days such reports and information as the CITY may reasonably request.

16. PROVIDER, at its own expense, shall procure and maintain for the duration of this Agreement policies of insurance, the requirements for which are set forth in Exhibit "C".

C. Mutual Roles and Responsibilities

1. It is the intent of the Parties to be collaborative in all matters to ensure the health and safety of the residents of the City of Fairfield.

2. Parties agree that the services provided under this Agreement will be made available at the following address (Property):

SHELTER, Solano, Inc.
310 Beck Avenue, Fairfield, CA 94533-6836
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PAGE 4

3. Prior to placement of any individuals at the Property, the Parties shall establish a mutually agreed upon written policy and process for intervening in escalating problems that could lead to eviction of any resident while the declaration of the State of Emergency remains in effect. Both Parties agree to work together to find resolutions that avoid eviction whenever possible. The written policy shall clearly define the type(s) of behavior that could lead to eviction, set concrete notice requirements for residents at-risk of eviction, and set forth the specific roles of the CITY and PROVIDER. It shall also establish a process for managing the repercussions of any eviction.

Part II
General Terms. and Conditions
A. Term of Agreement.

The term of this Agreement shall begin on the Effective Date and shall remain in effect until June 30, 2024, unless earlier terminated in writing by the Parties.

B. Payment.

In consideration for the costs incurred for the services to be provided under this Agreement, CITY shall pay to PROVIDER $458,389 on a reimbursement basis every thirty (30) days thereafter until the expiration or termination of this Agreement. The payments made by CITY to PROVIDER under this Agreement shall collectively be referred to as the "City Funds." The total amount of the City Funds shall not exceed $458,389. This equates to approximately $83 per night, per bed for the 12-month period. The monthly allowable line-item cost for "Operating Costs" as referred to in Program Budget as attached in Exhibit "B", for the fifteen (15) beds shall be $38,199.09, whether the beds are filled or not. City Funds must be spent in accordance with this Agreement. Any City Funds remaining that are not expended or legally obligated for the services required to be provided by PROVIDER upon expiration or termination of this Agreement shall be returned to CITY within thirty (30) days. PROVIDER shall maintain invoices with receipts, or other documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or pay stubs, occupancy data etc.) supporting expenditures made Packet Page 340 of 977Attachment 4 Page 4 of 8

PAGE 5

pursuant to this Agreement and shall submit such documentation to CITY within thirty (30) days following receipt of initial payment of City Funds and by the 15th of every month thereafter. Any tangible property purchased with City Funds during the duration of this Agreement is considered the property of the CITY.

C. Indemnification.

D. No Waiver.

The waiver by any Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.

E. Notices.

PROVIDER
John Eckstrom, CEO
SHELTER, Solano, Inc.

P.O. Box 5368
Concord, CA 94524-0368

CITY OF FAIRFIELD
David Gassaway, City Manager City
of Fairfield
1000 Webster Street
Fairfield, CA 94533-4836

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PAGE 6

F. Amendment/Modification.

This Agreement may be modified or amended only in writing and with the prior written consent of the Parties.

G. Termination.

1. Termination for Convenience: Either Party may terminate this Agreement for any reason by notifying the other party in writing thirty (30} days prior to the effective date of termination.

H. Severability.

H. Compliance with all Laws. Venue.

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PAGE 7

I. Non-Discrimination Clause.

1. During the performance of this Agreement, the Parties and their subcontractors shall not deny any benefits or privileges to any perso n on the basis of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation, nor shall they discriminate unlawfully against any emp loyee or applicant for employment because of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation. Each Party shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

K. Access to Records and Retention.

All Parties, acting through their duly authorized representative, as well as any federal or state granter agency providing all or part of the funding associated with this Agreement, the papers, Controller, the Comptroller General of the United States, and the duly authorized representatives of any of Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.

L. Assignment.

Except as otherwise permitted by this Agreement, no assignment of rights and obligations hereunder shall be valid without prior written consent of the non -assigning Party.

M. Entirety of Agreement.
his Agreement constitutes the entire Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, among the Parties with respect to the subject matter of this Agreement.

IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the dat e first above written.

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PROVIDER CITY OF FAIRFIELD, a municipal corporation

By: ___________________ By: _________________________ David Gassaway, City Manager

APPROVED AS TO FORM

By: __________________________
City Attorney

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EXHIBIT A

SHELTER SOLANO MANAGEMENT PLAN

(attached)

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EXHIBIT B

SHELTER SOLANO PROGRAM BUDGET

[atached]

BUDGET FOR SHELTER SOLANO, INC.
15 BED EMERGENCY SHELTER MOU

Budget Item Monthly Rate Total Months Total Contract Opera�ng Cost $38,199.99 12 458,389

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Agenda Item No: 17.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023167 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement to Correct Errors on In Lieu Holiday Accrual Rates for Affected Employees Represented by the Fairfield Employees' Association (FEA) RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Pursuant to Section 7.A. (Holidays), eligible employees who work in 24/7 day operational departments and divisions receive in lieu holiday accrual rates because they are required to work on holidays. A payroll error was discovered showing some employees did not receive the correct in lieu holiday accruals. Staff has reached a proposed agreement is reached with Fairfield Employees' Association (FEA) to make employees whole but City Council authorization is needed to execute the agreement.

DISCUSSION
On or about August of 2022, the City became aware of a payroll error caused by a software malfunction.

This malfunction began in 2015 and caused accrual rates for vacation in lieu of holiday (VIL) to be miscalculated for 44 employees. In the FEA MOU, Section 7.A. (Holidays) VIL is given to employees who work holidays as part of their normal work schedule because they work in a 24 hour, 7 days a week operation.

The affected employees work for the Police and Public Works Departments. The adjustments were manually calculated to correct the VIL accrual amounts for each effected employee and a spreadsheet was provided to the employees to help them verify the corrected amounts. These hours need to be credited back to the employees’ appropriate leave banks. A proposed settlement was negotiated between the parties to reflect the resolution of this issue, which is attached to this agenda report.

Five of the 44 employees affected by this error have retired or separated from the City, therefore, the City is obligated, based on the FEA MOU, to send these former employees a check based on the number of hours owed and their hourly wages.

Packet Page 423 of 977

Agenda Item No: 17.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023167 of the City Council of the City of Fairfield Authorizing the CityManager to Execute an Agreement to Correct Errors on In Lieu Holiday Accrual Ratesfor Affected Employees Represented by the Fairfield Employees' Association (FEA)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEPursuant to Section 7.A. (Holidays), eligible employees who work in 24/7 day operational departmentsand divisions receive in lieu holiday accrual rates because they are required to work on holidays. Apayroll error was discovered showing some employees did not receive the correct in lieu holidayaccruals. Staff has reached a proposed agreement is reached with Fairfield Employees' Association(FEA) to make employees whole but City Council authorization is needed to execute the agreement.DISCUSSIONOn or about August of 2022, the City became aware of a payroll error caused by a software malfunction.This malfunction began in 2015 and caused accrual rates for vacation in lieu of holiday (VIL) to bemiscalculated for 44 employees. In the FEA MOU, Section 7.A. (Holidays) VIL is given to employeeswho work holidays as part of their normal work schedule because they work in a 24 hour, 7 days a weekoperation.The affected employees work for the Police and Public Works Departments. The adjustments weremanually calculated to correct the VIL accrual amounts for each effected employee and a spreadsheetwas provided to the employees to help them verify the corrected amounts. These hours need to becredited back to the employees’ appropriate leave banks. A proposed settlement was negotiatedbetween the parties to reflect the resolution of this issue, which is attached to this agenda report. Five of the 44 employees affected by this error have retired or separated from the City, therefore, theCity is obligated, based on the FEA MOU, to send these former employees a check based on thenumber of hours owed and their hourly wages.

FINANCIAL IMPACT
The total dollar amount owed to the five retired/separated employees is $2,327.98. That amount will come from both the General Fund and the City's Water fund because they employees who are separated worked for the Police Department and Public Works Water Division. The cost of the remaining hours will depend on the hourly wage of the affected employees. The total number of hours that need to be adjusted for current employees is 1,187.80.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to approve the agreement.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287400
[email protected]
COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Settlement
Employee Signatures for Proposed VIL Settlement
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 6/7/2023 3:51 PM
Beavers, Esther Approved 6/8/2023 4:54 PM
Packet Page 424 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-167

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

MANAGER TO EXECUTE AN AGREEMENT TO CORRECT ERRORS ON IN LIEU HOLIDAY ACCRUAL

RATES FOR AFFECTED EMPLOYEES REPRESENTED BY THE FAIRFIELD EMPLOYEES'

ASSOCIATION (FEA)

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Employees’ Association; and

WHEREAS, City staff found a payroll error that resulted in several represented employees not receiving the correct in lieu holiday accrual rates pursuant to the MOU between the City and Fairfield Employees’ Association; and

WHEREAS, the City is legally obligated to correctly administer the terms of the MOU between the City and the Fairfield Employees’ Association.

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and the Fairfield Employees’ Association to correct errors on in lieu holiday accrual rates for affected employees represented by the Fairfield Employees' Association, as referenced in the attachment to this resolution.

PASSED AND ADOPTED this 20th day of June, 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 425 of 977Attachment 1 Page 1 of 1

City of Fairfield Letterhead
Settlement Agreement and General Release

This Settlement Agreement and General Release (hereafter “Agreement”) is entered into by the City of Fairfield, affected employees, and the Fairfield Employees Association represented by Service Employees International Union, Local 1021, AFL-CIO (hereafter “FEA”) and collectively referred to as the Parties.

The City of Fairfield employs the employees listed on the signature page of this Settlement Agreement and in the attached spreadsheet as Code Enforcement Officers, Community Services Officers, Crime Scene Investigators, Dispatchers, Police Property Specialists, Police Department Record Assistants, Police Department Record Assistant Leads and Water Plant Operators.

On or about August of 2022, the City became aware of a payroll error caused by a software malfunction. This malfunction began in 2015 and because of it accrual rates for Vacation in Lieu of holiday (VIL) was miscalculated. Pursuant to FEA MOU Section 7.A. (Holidays) VIL is granted to employees who worked holidays as part of their normal work schedule because they work in a 24 hour, 7 days a week operation, e.g. the Police Department or the Public Work Department’s Water and Operations Divisions. The issue was identified by Payroll staff and was addressed by manually calculating the proper VIL accrual amounts for each effected employee and a spreadsheet was provided to the employees to help them verify the corrected amounts. These hours will be credited back to the employees’ appropriate leave banks.

To avoid the uncertainty, inconvenience, and expense of litigation and/or an administrative proceeding, the Parties have agreed to the terms and conditions in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises herein contained, the Parties agree as follows:

1. A dispute has arisen between the parties concerning the provision of information.

2. The parties have agreed to the following substantive terms:

A. Payroll staff calculated for each affected employee the correct VIL accrual amount owed and provided a spreadsheet for each employee for review and verification;
B. FEA and City staff agree that this settlement will resolve all disputes on VIL accrual rates between the Parties between the first pay period in 2015 calendar year and June 30, 2022; and
C. FEA and affected employees will not pursue any further action including but not limited to wage and hour claims, grievances or litigation related to the matters specifically identified in this Agreement; and
D. The employees listed on the signature page agree that the hours listed in the attached spreadsheet constitute the full amount owed to him/her and that nothing further is owed to these employees by the City in connection with this dispute; and
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2 4. This Settlement Agreement represents a full and complete resolution of the claims and disputes between the parties based upon the above-referenced matter.

5. The undersigned parties represent that they have read and understand the terms of this settlement and that they are authorized to execute this Settlement Agreement on behalf of their principals.

For FEA: For City:

____________________________________
Amy Tudi-Akaka Date
President

_____________________________________
David Gassaway Date
City Manager

For Affected Employees (See next page):

Packet Page 427 of 977Attachment 2 Page 2 of 2

Name Signature Date

ALARCON-MEDINA, DANIELA

ALBARRAN, DALIA

BAILLIE, MARISSA

BALHOTRA, KERNDEEP

BLAIR, BILLY G

BLUE, NIKIA A

BRAMES, CAROLMARIE

CASTILLO, ANNA K

COLLIER, BRENDA J

DAVIS, INDIKA

DRAPER, JENA J

FARNETH, SANDRA

FIGUEROA, MINERVA

FRINK, JASON

GRAY, PATRICIA A

HIGGINS, SARAH B

HUBER, CASSIDY

HUSSEY, JON P

JONES, JESSICA

KILLION, KYLE R

LEONG, CHANCE

MEDEROS, FLORENTINA

MOODY, STEVEN L

O'CONNELL, MEGHAN

PATE, SUZANNE LYNETTE

PENA, LAURA L

PODGER, DEBORAH A
Packet Page 428 of 977Attachment 3 Page 1 of 11

Name Signature Date

POPPE, AMANDA

PUCCI, KATHLEEN K

RAMBLAS, CATHY

REMO, STEPHANIE

ROBERTSON, STEFANIE R

RODRIGUEZ-MEDINA, ENITH

RUSSO, NICOLE

SHABAZZ, MICHELLE

STEINKRAUS, MICHELLE A

THOMAS, BROOKE

TONGE, KRYSTAL C

TUDI-AKAKA, AMY L

VINATIERI, JESSICA

WASHINGTON, LYNNE

WOEHLER, ALEXANDER

WONG, WILLIAM H

WOODSIDE, JESSE
Packet Page 429 of 977Attachment 3 Page 2 of 11

RE: VIL Adjustments
Pi rouzma nd, Fa rbod
Wed3/UZA23 10:32 AM
Cc: Rudolph, Adam ;Romie, Patty
Hiall-
ln order to assist with signature gathering, I created a PDF of the signature page that was in the original excel spreadsheet I sent everyone. Adam and the stewards, if you can help me with getling signatures l'd really appreciate it. I don't think we want 4l- pages from employees. Can you help me please? @ Farbod Pirouzmand I Director of Hurnan Resources
City of Fairfield
1000 Webster Street, 4th Floor
Office: 7A7.428.7397
Email : fpirouzmand @fairfi elfu Sov
www.fairfield.ca.gov
IVOIF: Cily offices are closed on ft & 3rd Fridays every month, From: Pirouzmand, Farbod
Sent; Tuesday, March 7,2023 8:48 AM
Cc: Rudolph, Adam ; Romie, Patty
Subject: Vl L Adjustments
HiAll-
FEA and HR have been working on an error payroll discovered last year on your VIL accruals. We have calculated the necessary adjustments and l've attached to this email. I have attached the settlement language that was vetted bySElU and in the excelspreadsheet lhave a signature page foryou allto sign so that payrollcan make these adjustments in your banks.
please talk to Adam if you have any questions and Adam let me know if you get any questions you can't answer.

Best,
Farbod Pirouzmand I Director of Human Resources
City of Fairfield
1000 Webster Street, 4th Floor
Office: 7O7.428.7397Email:f@gov
www.fairfield.ca.gov
NATE: City offices are closed on lst & 3rd Fridays eve{y ffilnth Packet Page 430 of 977Attachment 3 Page 3 of 11

Name Signature Date

ALARCON-MEDI NA, DAN I ELA

ALBARRAN, DALIA

BAILLIE, MARISSA

BALHOTRA, KERNDEEP

BLAIR, BILLY G

BLUE, NIKIA A

BRAMES, CAROLMARIE

CASTILLO, ANNA K

COLLIER, BRENDA J

DAVIS, INDIKA

DRAPER, JENA J

FARNETH, SANDRA

FIGUEROA, MINERVA
FRINK, JASON v IO /><

GRAY, PATRICIA A
t v

HIGGINS, SARAH B

HUBER, CASSIDY

HUSSEY, JON P
JONES. JESSICA

KILLION, KYLE R

LEONG, CHANCE

MEDEROS, FLORENTINA

MOODY, STEVEN L

O'CONNELL, MEGHAN

PATE, SUZANNE LYNETTE

PENA, LAURA L

PODGER, DEBORAH A
Packet Page 431 of 977Attachment 3 Page 4 of 11

Name Signature Date

POPPE, AMANDA

PUCCI, KATHLEEN K

RAMBLAS, CATHY

REMO, STEPHANIE

ROBERTSON, STEFANIE R

RODRIGUEZ-MEDI NA, ENITH

RUSSO, NICOLE

SHABMZ, MICHELLE

STEINKRAUS, MICHELLE A

THOMAS, BROOKE

TONGE, KRYSTAL C

TUDI-AKAKA, AMY L

VINATIERI, JESSICA

WASHINGTON, LYNNE

WOEHLER, ALEXANDER

WONG, WILLIAM H

WOODSIDE, JESSE
Packet Page 432 of 977Attachment 3 Page 5 of 11

Name Signature Date

ALARCON-MEDINA, DANIELA

ALBARRAN, DALIA

BAILLIE, MARISSA

BALHOTRA, KERNDEEP

BLAIR, BILLY G

BLUE, NIKIA A

BRAMES, CAROLMARIE

CASTILLO, ANNA K

COLLIER, BRENDA J

DAVIS, INDIKA

DRAPER, JENA J

FARNETH, SANDRA

FIGUEROA, MINERVA

FRINK, JASON

GRAY, PATRICIA A

HIGGINS, SARAH B

HUBER, CASSIDY

HUSSEY, JON P

JONES, JESSICA

KILLION, KYLE R

LEONG, CHANCE

MEDEROS, FLORENTINA

MOODY, STEVEN L

O'CONNELL, MEGHAN

PATE, SUZANNE LYNETTE

PENA, LAURA L

PODGER, DEBORAH A
Packet Page 433 of 977Attachment 3 Page 6 of 11

Name Signature Date

POPPE, AMANDA

PUCCI, KATHLEEN K

RAMBLAS, CATHY

REMO, STEPHANIE

ROBERTSON, STEFANIE R

RODRIGUEZ-MEDINA, ENITH

RUSSO, NICOLE

SHABAZZ, MICHELLE

STEINKRAUS, MICHELLE A

THOMAS, BROOKE

TONGE, KRYSTAL C

TUDI-AKAKA, AMY L

VINATIERI, JESSICA

WASHINGTON, LYNNE

WOEHLER, ALEXANDER

WONG, WILLIAM H

WOODSIDE, JESSE
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Agenda Item No: 18.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Markeley Lane Extension to Peabody Road
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
There has been an increase in traffic congestion in the roadways near Center Elementary School, Golden West Middle School, and Vanden High School, particularly during school dropoff and pickup times. Realigning and extending Markeley Lane to connect with Peabody Road has been identified as a future roadway improvement that will help address traffic congestion in the area. However, the schedule for the Markeley Lane extension is development driven and is currently unknown.

DISCUSSION
The construction of the FairfieldVacaville Hannigan Train Station necessitated several major roadway modifications and improvements, including widening Peabody Road south of Vanden Road and constructing a bridge over the existing railroad tracks.

Markeley Lane previously intersected with Peabody Road. However, the Peabody Road bridge construction required that the Markeley Lane connection to Peabody Road be removed in 2015. Prior to removing the Markeley Lane connection, a new roadway – Viking Lane – was constructed circa 2012 to provide an alternate route for motorists traveling to and from Peabody Road.

Future planned roadway improvements include a realignment of Markeley Lane to reconnect to Peabody Road, as part of a 2016 Master Planned Unit Development Permit (MPUD). The schedule and funding to improve Markeley Lane is development driven. When private development south of the train station moves forward, that project(s) will be required to complete the improvements to Markeley Lane. Therefore, the Markeley Lane extension project has not been programmed as a city Capital Improvement Program (CIP) project and funding has not been identified.

FINANCIAL IMPACT
Upon council direction, staff can return to a future council meeting with potential project funding options.

Packet Page 439 of 977

Agenda Item No: 18.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Markeley Lane Extension to Peabody RoadRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThere has been an increase in traffic congestion in the roadways near Center Elementary School,Golden West Middle School, and Vanden High School, particularly during school dropoff and pickuptimes. Realigning and extending Markeley Lane to connect with Peabody Road has been identified asa future roadway improvement that will help address traffic congestion in the area. However, theschedule for the Markeley Lane extension is development driven and is currently unknown.DISCUSSIONThe construction of the FairfieldVacaville Hannigan Train Station necessitated several major roadwaymodifications and improvements, including widening Peabody Road south of Vanden Road andconstructing a bridge over the existing railroad tracks. Markeley Lane previously intersected with Peabody Road. However, the Peabody Road bridgeconstruction required that the Markeley Lane connection to Peabody Road be removed in 2015. Priorto removing the Markeley Lane connection, a new roadway – Viking Lane – was constructed circa 2012to provide an alternate route for motorists traveling to and from Peabody Road.Future planned roadway improvements include a realignment of Markeley Lane to reconnect toPeabody Road, as part of a 2016 Master Planned Unit Development Permit (MPUD). The scheduleand funding to improve Markeley Lane is development driven. When private development south of thetrain station moves forward, that project(s) will be required to complete the improvements to MarkeleyLane. Therefore, the Markeley Lane extension project has not been programmed as a city CapitalImprovement Program (CIP) project and funding has not been identified.

FINANCIAL IMPACT
Upon council direction, staff can return to a future council meeting with potential project funding options.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Staff is seeking council direction on desired next steps.

STAFF CONTACT
Paul Kaushal, Director of Public Works
(707) 4287477
[email protected]
COORDINATED WITH
Community Development Department
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 6/12/2023 7:42 PM
Beavers, Esther Approved 6/12/2023 8:04 PM
Beavers, Esther Approved 6/12/2023 8:05 PM
Packet Page 440 of 977

Agenda Item No: 19.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolutions 2023168 Through 2023176 of the City Council of the City of Fairfield Granting Preliminary Approval of Fiscal Year 20232024 Engineer’s Reports, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Public Hearing for Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 11 – Paradise Valley North, No. 12 – Downtown Business District, and No. 13 – North Cordelia
RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The adoption of these resolutions will grant preliminary approval of the fiscal year (FY) 20232024 engineer’s reports, declare intention to order the levy and collection of assessments, and set the date and provide notice for a public hearing for nine existing landscaping and lighting maintenance districts (LLMDs).

DISCUSSION
The city formed these assessment districts under the State of California Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500, et seq., to provide a funding source for the maintenance and servicing of the landscaping and lighting improvements within the various development areas.

The preliminary approval of the engineer’s reports is the first step in the process of levying the annual assessments for FY 20232024 within the existing LLMDs. Final approval of the engineer’s reports and confirmation of assessments require a public hearing, which is scheduled for the July 18, 2023, council meeting.

All proposed annual assessment amounts for each LLMD are subject to the provisions of Proposition 218 and are set at or below (1) the assessment amount or range adopted at the time the district was formed, (2) the assessment amount or range adopted after the district was formed, but prior to the Packet Page 441 of 977

During FY 20212022, staff determined these nine LLMDs were projected to have a fund balance and budget deficit in the next 13 fiscal years if services were provided at the same levels as previous fiscal years. Due to the existing maximum assessment rates in each district, the total assessments generated in each district were insufficient to support services at the existing levels.

During FYs 20212022 and 20222023, staff conducted a community engagement process and in FY 20222023, the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of new maintenance districts (Proposed Districts) with higher assessments that would adequately fund services. Each new district was proposed with assessments rates subject to annual increases equal to the consumer price index (CPI), not to exceed 3%, and a base budget that included funding for regular landscape maintenance services, irrigation services and system repair, regular tree pruning, streetlight service and maintenance (in applicable districts), administrative services, contingency spending, and annual reserves.

To minimize the disruption of services while the community engagement and Proposition 218 balloting process was carried out, council issued General Fund loans to supplement assessment revenue and support services through FY 20222023 of $410,000 to LLMD No. 7 – Rolling Hills, $175,000 to LLMD No. 11 – Paradise Valley North, and $151,000 to LLMD No. 13 – North Cordelia on May 3, 2022, and loans of $165,000 to LLMD No. 1 – Gateway, $28,000 to LMD No. 3 – Waterman Highlands, $28,000 to LMD No. 6 – Peppertree, and $40,000 to LLMD No. 12 – Downtown Business District on August 16, 2022. Each loan was issued at 0% interest with a fiveyear repayment term, commencing in FY 2023 2024 and concluding at the end of FY 20272028. LLMDs No. 5 – Smith Ranch and No. 8 – Kolob Estates had sufficient fund balances and incoming assessment revenues to maintain services during FY 20222023 and did not require a loan.

If the Proposed Districts and assessment rates were approved, all landscaping and lighting maintenance services in each respective existing LLMD would be funded by assessments levied under the new Proposed District, effective July 1, 2023, and the council would undertake proceedings to dissolve the existing LLMDs. However, proceedings for the dissolution of the existing LLMDs that received a General Fund loan would be deferred until FY 20282029 to allow the council to continue levying and collecting assessments against the parcels in the amount needed to pay the annual loan installment.

On April 18, 2023, the council initiated formation proceedings, preliminarily approved the Engineer’s Reports, and appointed the date for the public hearing for the Proposed Districts. On June 6, 2023, the council held a public hearing. On June 7, 2023, ballots were tabulated, and the council reconvened to consider the results.

Based upon the tabulation of the assessment ballots, the council determined that a majority protest, as defined in Section 53753 of the Government Code, was not filed by the property owners in two of the Proposed Districts: LLMD Nos. 20231 (Gateway) and 202311 (Paradise Valley). The council adopted Resolution Nos. 2023139 and 2023145 declaring the results of ballot proceedings, approving the engineer’s reports, and ordering the formation of each district. All landscaping and lighting maintenance services in each respective community will be funded by assessments levied under the new districts, LLMD No. 20231 (Gateway) and LLMD No. 202311 (Paradise Valley), effective July 1, 2023.

Since LLMDs No. 1 – Gateway and No. 11 – Paradise Valley North received a General Fund loan, the council may continue to levy and collect assessments against the parcels in these districts during the fiveyear repayment term, commencing FY 20232024, and may consider the dissolution of these districts after FY 20272028. The resolutions in Attachments 1 and 2 initiate the FY 20232024 annual proceedings to levy assessments in the amounts needed to pay the annual loan installment as follows:

LLMD No. 1 – Gateway:The FY 20232024 assessments for the Gateway district are proposed to decrease approximately 84% from the FY 20222023 rates. Assessment rates for each parcel vary depending on parcel size and are below the maximum allowable rate for each parcel established in 1995.

The budget includes the first of five annual loan repayments of $33,000 and applicable county collection fees of $400. The total proposed revenue for this district is $33,170, which includes assessments of $33,000 and interest of $170. There will be no operations or maintenance services provided under this district.

The district is projected to end FY 20222023 with $17,883 in fund balance. However, since the finance and accounting activity and reporting for FY 20222023 is not typically finalized until the end of the 2023 calendar year, this fund balance will be reserved to cover residual FY 20222023 expenses and FY 20232024 county collection fees and will not be applied to the loan payment in FY 20232024.

LLMD No. 11 – Paradise Valley North:The FY 20232024 assessment for the Paradise Valley North district is proposed to decrease from the FY 20222023 rate of $190 per residential unit to $25.65 per residential unit. The assessment is below the maximum rate allowable by the district’s adopted assessment range established in 1995.

The budget includes the first of five annual loan repayments of $35,000 and applicable county collection fees of $400. The total proposed revenue for this district is $35,100, which includes assessments of $35,000 and interest of $100. There will be no operations or maintenance services provided under this district.

The district is projected to end FY 20222023 with $9,249 in fund balance. However, since the finance and accounting activity and reporting for FY 20222023 is not typically finalized until the end of the 2023 calendar year, this fund balance will be reserved to cover residual FY 20222023 expenses and FY 20232024 county collection fees and will not be applied to the loan repayment in FY 20232024.

Also based upon the June 7, 2023, tabulation of the assessment ballots, the council determined that a majority protest, as defined in Section 53753 of the Government Code, was filed by the property owners in seven of the Proposed Districts: LLMDs No. 20233 (Waterman Highlands), No. 20235 (Rancho Solano), No. 20236 (Peppertree), No. 20237 (Rolling Hills), No. 20238 (Kolob Estates), No. 202312 (Downtown Business District), and No. 202313 (North Cordelia). In accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings for these districts. All landscaping and lighting maintenance services in these communities will continue to be provided under the respective existing LLMDs.

The resolutions in Attachments 39 initiate the FY 20232024 annual proceedings to levy the maximum assessment rates in LLMDs No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 – Downtown Business District, and No. 13 – North Cordelia to pay for landscaping and lighting maintenance services, and applicable General Fund loan repayments as follows:

LMD No. 3 – Waterman Highlands:The FY 20232024 assessment for the Waterman Highlands district is proposed to remain at the FY 20222023 rate of $195 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.

Packet Page 443 of 977

The budget includes operations, maintenance, administration, and the first of five annual loan repayments of $5,600. The total proposed revenue for this district is $59,522, which includes assessments of $47,190, a General Fund contribution of $12,162, and interest of $170. There are no special projects planned for this district. Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

LLMD No. 5 – Smith Ranch:The FY 20232024 assessment for the Smith Ranch (also known as Rancho Solano) district is proposed to increase from the FY 20222023 rate of $663.66 per parcel to $706.13 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range, which was established in 1999 and is adjusted each year by the October SF OaklandHayward Urban Wage Earners and Clerical Workers CPI.

The budget includes operations, maintenance, and administration. The total proposed revenue for this district is $882,909, which includes assessments of $847,356, a General Fund contribution of $35,373, and interest of $180. There are no special projects planned for this district. Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

LMD No. 6 – Peppertree:The FY 20232024 assessment for the Peppertree district is proposed to remain at the FY 20222023 rate of $60 per residential unit. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.

The budget includes operations, maintenance, administration, and the first of five annual loan repayments of $5,600. The total proposed revenue for this district is $28,390, which includes assessments of $28,320, and interest of $70. There are no special projects planned for this district.

Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

LLMD No. 7 – Rolling Hills:The FY 20232024 assessments for the Rolling Hills district are proposed to remain at the FY 20222023 rates of $300 per parcel for the Rolling Hills development, and $250 per parcel for the Serpas Ranch development. These assessments are the maximum rates allowable by the district’s adopted assessment ranges. The assessments for commercial properties at the intersection of Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward Urban Wage Earners and Clerical Workers CPI.

The budget includes operations, maintenance, administration, and the first of five annual loan repayments of $82,000. The total proposed revenue for this district is $355,418, which includes assessments of $318,094, a General Fund contribution of $35,374, and interest of $1,950. There are no special projects planned for this district. Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

LLMD No. 8 – Kolob Estates:The FY 20232024 assessment for the Kolob Estates district is proposed to remain at the FY 20222023 rate of $400 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1994.

The budget includes operations, maintenance, and administration. The total proposed revenue for this district is $53,340, which includes assessments of $52,000, a General Fund contribution of $1,040, and interest of $300. There are no special projects planned for this district. Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 Packet Page 444 of 977

Agenda Item No: 19.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 2023168 Through 2023176 of the City Council of the City of FairfieldGranting Preliminary Approval of Fiscal Year 20232024 Engineer’s Reports, DeclaringIntention to Order the Levy and Collection of Assessments, and Providing Notice of aPublic Hearing for Landscaping and Lighting Maintenance Districts No. 1 – Gateway,No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – RollingHills, No. 8 – Kolob Estates, No. 11 – Paradise Valley North, No. 12 – DowntownBusiness District, and No. 13 – North CordeliaRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe adoption of these resolutions will grant preliminary approval of the fiscal year (FY) 20232024engineer’s reports, declare intention to order the levy and collection of assessments, and set the dateand provide notice for a public hearing for nine existing landscaping and lighting maintenance districts(LLMDs).DISCUSSIONThe city formed these assessment districts under the State of California Landscaping and Lighting Actof 1972, California Streets and Highways Code Section 22500, et seq., to provide a funding source forthe maintenance and servicing of the landscaping and lighting improvements within the variousdevelopment areas. The preliminary approval of the engineer’s reports is the first step in the process of levying the annualassessments for FY 20232024 within the existing LLMDs. Final approval of the engineer’s reports andconfirmation of assessments require a public hearing, which is scheduled for the July 18, 2023, councilmeeting. All proposed annual assessment amounts for each LLMD are subject to the provisions of Proposition218 and are set at or below (1) the assessment amount or range adopted at the time the district wasformed, (2) the assessment amount or range adopted after the district was formed, but prior to thepassage of Proposition 218 in 1996, or (3) the assessment amount or range adopted in accordancewith Proposition 218 proceedings, including applicable Consumer Price Index (CPI) adjustments. During FY 20212022, staff determined these nine LLMDs were projected to have a fund balance andbudget deficit in the next 13 fiscal years if services were provided at the same levels as previous fiscalyears. Due to the existing maximum assessment rates in each district, the total assessments generatedin each district were insufficient to support services at the existing levels.During FYs 20212022 and 20222023, staff conducted a community engagement process and in FY20222023, the city conducted a balloting process in accordance with Article XIII D of the CaliforniaConstitution (Article XIII D), also known as Proposition 218, to propose to property owners the formationof new maintenance districts (Proposed Districts) with higher assessments that would adequately fundservices. Each new district was proposed with assessments rates subject to annual increases equal tothe consumer price index (CPI), not to exceed 3%, and a base budget that included funding for regularlandscape maintenance services, irrigation services and system repair, regular tree pruning, streetlightservice and maintenance (in applicable districts), administrative services, contingency spending, andannual reserves.To minimize the disruption of services while the community engagement and Proposition 218 ballotingprocess was carried out, council issued General Fund loans to supplement assessment revenue andsupport services through FY 20222023 of $410,000 to LLMD No. 7 – Rolling Hills, $175,000 to LLMDNo. 11 – Paradise Valley North, and $151,000 to LLMD No. 13 – North Cordelia on May 3, 2022, andloans of $165,000 to LLMD No. 1 – Gateway, $28,000 to LMD No. 3 – Waterman Highlands, $28,000to LMD No. 6 – Peppertree, and $40,000 to LLMD No. 12 – Downtown Business District on August 16,2022. Each loan was issued at 0% interest with a fiveyear repayment term, commencing in FY 20232024 and concluding at the end of FY 20272028. LLMDs No. 5 – Smith Ranch and No. 8 – KolobEstates had sufficient fund balances and incoming assessment revenues to maintain services duringFY 20222023 and did not require a loan.If the Proposed Districts and assessment rates were approved, all landscaping and lightingmaintenance services in each respective existing LLMD would be funded by assessments levied underthe new Proposed District, effective July 1, 2023, and the council would undertake proceedings todissolve the existing LLMDs. However, proceedings for the dissolution of the existing LLMDs thatreceived a General Fund loan would be deferred until FY 20282029 to allow the council to continuelevying and collecting assessments against the parcels in the amount needed to pay the annual loaninstallment. On April 18, 2023, the council initiated formation proceedings, preliminarily approved the Engineer’sReports, and appointed the date for the public hearing for the Proposed Districts. On June 6, 2023, thecouncil held a public hearing. On June 7, 2023, ballots were tabulated, and the council reconvened toconsider the results. Based upon the tabulation of the assessment ballots, the council determined that a majority protest, asdefined in Section 53753 of the Government Code, was not filed by the property owners in two of theProposed Districts: LLMD Nos. 20231 (Gateway) and 202311 (Paradise Valley). The council adoptedResolution Nos. 2023139 and 2023145 declaring the results of ballot proceedings, approving theengineer’s reports, and ordering the formation of each district. All landscaping and lighting maintenanceservices in each respective community will be funded by assessments levied under the new districts,LLMD No. 20231 (Gateway) and LLMD No. 202311 (Paradise Valley), effective July 1, 2023. Since LLMDs No. 1 – Gateway and No. 11 – Paradise Valley North received a General Fund loan, thecouncil may continue to levy and collect assessments against the parcels in these districts during thefiveyear repayment term, commencing FY 20232024, and may consider the dissolution of thesedistricts after FY 20272028. The resolutions in Attachments 1 and 2 initiate the FY 20232024 annualproceedings to levy assessments in the amounts needed to pay the annual loan installment as follows:LLMD No. 1 – Gateway:The FY 20232024 assessments for the Gateway district are proposed todecrease approximately 84% from the FY 20222023 rates. Assessment rates for each parcel varydepending on parcel size and are below the maximum allowable rate for each parcel established in1995. The budget includes the first of five annual loan repayments of $33,000 and applicable county collectionfees of $400. The total proposed revenue for this district is $33,170, which includes assessments of$33,000 and interest of $170. There will be no operations or maintenance services provided under thisdistrict.The district is projected to end FY 20222023 with $17,883 in fund balance. However, since the financeand accounting activity and reporting for FY 20222023 is not typically finalized until the end of the 2023calendar year, this fund balance will be reserved to cover residual FY 20222023 expenses and FY20232024 county collection fees and will not be applied to the loan payment in FY 20232024. LLMD No. 11 – Paradise Valley North:The FY 20232024 assessment for the Paradise Valley Northdistrict is proposed to decrease from the FY 20222023 rate of $190 per residential unit to $25.65 perresidential unit. The assessment is below the maximum rate allowable by the district’s adoptedassessment range established in 1995. The budget includes the first of five annual loan repayments of $35,000 and applicable county collectionfees of $400. The total proposed revenue for this district is $35,100, which includes assessments of$35,000 and interest of $100. There will be no operations or maintenance services provided under thisdistrict.The district is projected to end FY 20222023 with $9,249 in fund balance. However, since the financeand accounting activity and reporting for FY 20222023 is not typically finalized until the end of the 2023calendar year, this fund balance will be reserved to cover residual FY 20222023 expenses and FY20232024 county collection fees and will not be applied to the loan repayment in FY 20232024. Also based upon the June 7, 2023, tabulation of the assessment ballots, the council determined that amajority protest, as defined in Section 53753 of the Government Code, was filed by the propertyowners in seven of the Proposed Districts: LLMDs No. 20233 (Waterman Highlands), No. 20235(Rancho Solano), No. 20236 (Peppertree), No. 20237 (Rolling Hills), No. 20238 (Kolob Estates), No.202312 (Downtown Business District), and No. 202313 (North Cordelia). In accordance with Section22593 of the Streets and Highways Code, the council abandoned formation proceedings for thesedistricts. All landscaping and lighting maintenance services in these communities will continue to beprovided under the respective existing LLMDs.The resolutions in Attachments 39 initiate the FY 20232024 annual proceedings to levy the maximumassessment rates in LLMDs No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree,No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 – Downtown Business District, and No. 13 – NorthCordelia to pay for landscaping and lighting maintenance services, and applicable General Fund loanrepayments as follows: LMD No. 3 – Waterman Highlands:The FY 20232024 assessment for the Waterman Highlands districtis proposed to remain at the FY 20222023 rate of $195 per parcel. The assessment is the maximumrate allowable by the district’s adopted assessment range established in 1996. The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $5,600. The total proposed revenue for this district is $59,522, which includesassessments of $47,190, a General Fund contribution of $12,162, and interest of $170. There are nospecial projects planned for this district. Staff is requesting bids from landscape service providers forreduced services in this district based on the available FY 20232024 budget and will return to councilwith the proposed contract. LLMD No. 5 – Smith Ranch:The FY 20232024 assessment for the Smith Ranch (also known asRancho Solano) district is proposed to increase from the FY 20222023 rate of $663.66 per parcel to$706.13 per parcel. The assessment is the maximum rate allowable by the district’s adoptedassessment range, which was established in 1999 and is adjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical Workers CPI. The budget includes operations, maintenance, and administration. The total proposed revenue for thisdistrict is $882,909, which includes assessments of $847,356, a General Fund contribution of $35,373,and interest of $180. There are no special projects planned for this district. Staff is requesting bids fromlandscape service providers for reduced services in this district based on the available FY 20232024budget and will return to council with the proposed contract. LMD No. 6 – Peppertree:The FY 20232024 assessment for the Peppertree district is proposed toremain at the FY 20222023 rate of $60 per residential unit. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1996. The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $5,600. The total proposed revenue for this district is $28,390, which includesassessments of $28,320, and interest of $70. There are no special projects planned for this district.Staff is requesting bids from landscape service providers for reduced services in this district based onthe available FY 20232024 budget and will return to council with the proposed contract. LLMD No. 7 – Rolling Hills:The FY 20232024 assessments for the Rolling Hills district are proposedto remain at the FY 20222023 rates of $300 per parcel for the Rolling Hills development, and $250 perparcel for the Serpas Ranch development. These assessments are the maximum rates allowable by thedistrict’s adopted assessment ranges. The assessments for commercial properties at the intersectionof Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward UrbanWage Earners and Clerical Workers CPI.The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $82,000. The total proposed revenue for this district is $355,418, which includesassessments of $318,094, a General Fund contribution of $35,374, and interest of $1,950. There areno special projects planned for this district. Staff is requesting bids from landscape service providersfor reduced services in this district based on the available FY 20232024 budget and will return tocouncil with the proposed contract.LLMD No. 8 – Kolob Estates:The FY 20232024 assessment for the Kolob Estates district isproposed to remain at the FY 20222023 rate of $400 per parcel. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1994. The budget includes operations, maintenance, and administration. The total proposed revenue for thisdistrict is $53,340, which includes assessments of $52,000, a General Fund contribution of $1,040, and interest of $300. There are no special projects planned for this district. Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

LLMD No. 12 – Downtown Business District:The FY 20232024 assessments for the Downtown Business District are proposed to remain at the amounts levied in FY 20222023. The proposed assessments for individual parcels vary by parcel size and are the maximum rates allowable by the district’s adopted assessment range established in 1997.

The budget includes operations, maintenance, administration, and the first of five annual loan repayments of $8,000. The total proposed revenue for this district is $62,280, which includes assessments of $62,020, and interest of $260. There are no special projects planned for this district.

Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

LLMD No. 13 – North Cordelia:The FY 20232024 assessments for the North Cordelia district are proposed as follows: Citation and Pulte developments are proposed to remain at the FY 20222023 rate of $180 per unit; Hidden Meadows subdivision is proposed to increase from the FY 20222023 rate of $882.77 per unit to $935.73 per unit; Village Oaks subdivision is proposed to increase from the FY 20222023 rate of $215.28 per unit to $228.20 per unit; Jayo subdivision is proposed to increase from the FY 20222023 rate of $226.61 per unit to $240.21 per unit; all other subdivisions are proposed to remain at the FY 20222023 rate of $170 per unit. The assessments for commercial properties are proposed to increase by the October SFOaklandHayward All Urban Consumers CPI. The assessments are the maximum rate allowable by the district’s adopted assessment range established for each development/subdivision. The maximum rates for the Hidden Meadows, Village Oaks, and Jayo subdivisions are adjusted each year by the October SFOaklandHayward All Urban Consumers CPI.

The budget includes operations, maintenance, administration, and the first of five annual loan repayments of $30,200. The total proposed revenue for this district is $658,907, which includes assessments of $628,335, a General Fund contribution of $30,172, and interest of $400. There are no special projects planned for this district. Staff is requesting bids from landscape service providers for reduced services in this district based on the available FY 20232024 budget and will return to council with the proposed contract.

The adoption of these resolutions will grant preliminary approval of the FY 20232024 engineer’s reports, declare intention to order the levy and collection of assessments, and set the date and provide notice for a public hearing on July 18, 2023, for the nine LLMDs.

FINANCIAL IMPACT
The total proposed FY 20232024 revenue for all nine districts is $2,169,036, which includes assessments of $2,051,315, General Fund (Fund 101) contributions of $114,121, and interest of $3,600. The City’s General Fund contributions cover a portion of the costs for street lighting, arterial landscaping, and irrigation, which has been determined to be a general public benefit rather than a special benefit to the district property owners.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Information about the Proposed Districts and the city’s intention to provide services under the existing LLMDs should the Proposed District not be formed was presented directly to the property owners of the existing and Proposed Districts at various community meetings, through various mailers, social media posts, the City of Fairfield website and CivicMic website since January 2022. All information was also shared with the Rancho Solano and Rolling Hills landscape committees, the Rancho Solano, Paradise Valley North, and North Cordelia homeowners’ associations, and the Rolling Hills Neighborhood Packet Page 445 of 977

Agenda Item No: 19.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 2023168 Through 2023176 of the City Council of the City of FairfieldGranting Preliminary Approval of Fiscal Year 20232024 Engineer’s Reports, DeclaringIntention to Order the Levy and Collection of Assessments, and Providing Notice of aPublic Hearing for Landscaping and Lighting Maintenance Districts No. 1 – Gateway,No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – RollingHills, No. 8 – Kolob Estates, No. 11 – Paradise Valley North, No. 12 – DowntownBusiness District, and No. 13 – North CordeliaRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe adoption of these resolutions will grant preliminary approval of the fiscal year (FY) 20232024engineer’s reports, declare intention to order the levy and collection of assessments, and set the dateand provide notice for a public hearing for nine existing landscaping and lighting maintenance districts(LLMDs).DISCUSSIONThe city formed these assessment districts under the State of California Landscaping and Lighting Actof 1972, California Streets and Highways Code Section 22500, et seq., to provide a funding source forthe maintenance and servicing of the landscaping and lighting improvements within the variousdevelopment areas. The preliminary approval of the engineer’s reports is the first step in the process of levying the annualassessments for FY 20232024 within the existing LLMDs. Final approval of the engineer’s reports andconfirmation of assessments require a public hearing, which is scheduled for the July 18, 2023, councilmeeting. All proposed annual assessment amounts for each LLMD are subject to the provisions of Proposition218 and are set at or below (1) the assessment amount or range adopted at the time the district wasformed, (2) the assessment amount or range adopted after the district was formed, but prior to thepassage of Proposition 218 in 1996, or (3) the assessment amount or range adopted in accordancewith Proposition 218 proceedings, including applicable Consumer Price Index (CPI) adjustments. During FY 20212022, staff determined these nine LLMDs were projected to have a fund balance andbudget deficit in the next 13 fiscal years if services were provided at the same levels as previous fiscalyears. Due to the existing maximum assessment rates in each district, the total assessments generatedin each district were insufficient to support services at the existing levels.During FYs 20212022 and 20222023, staff conducted a community engagement process and in FY20222023, the city conducted a balloting process in accordance with Article XIII D of the CaliforniaConstitution (Article XIII D), also known as Proposition 218, to propose to property owners the formationof new maintenance districts (Proposed Districts) with higher assessments that would adequately fundservices. Each new district was proposed with assessments rates subject to annual increases equal tothe consumer price index (CPI), not to exceed 3%, and a base budget that included funding for regularlandscape maintenance services, irrigation services and system repair, regular tree pruning, streetlightservice and maintenance (in applicable districts), administrative services, contingency spending, andannual reserves.To minimize the disruption of services while the community engagement and Proposition 218 ballotingprocess was carried out, council issued General Fund loans to supplement assessment revenue andsupport services through FY 20222023 of $410,000 to LLMD No. 7 – Rolling Hills, $175,000 to LLMDNo. 11 – Paradise Valley North, and $151,000 to LLMD No. 13 – North Cordelia on May 3, 2022, andloans of $165,000 to LLMD No. 1 – Gateway, $28,000 to LMD No. 3 – Waterman Highlands, $28,000to LMD No. 6 – Peppertree, and $40,000 to LLMD No. 12 – Downtown Business District on August 16,2022. Each loan was issued at 0% interest with a fiveyear repayment term, commencing in FY 20232024 and concluding at the end of FY 20272028. LLMDs No. 5 – Smith Ranch and No. 8 – KolobEstates had sufficient fund balances and incoming assessment revenues to maintain services duringFY 20222023 and did not require a loan.If the Proposed Districts and assessment rates were approved, all landscaping and lightingmaintenance services in each respective existing LLMD would be funded by assessments levied underthe new Proposed District, effective July 1, 2023, and the council would undertake proceedings todissolve the existing LLMDs. However, proceedings for the dissolution of the existing LLMDs thatreceived a General Fund loan would be deferred until FY 20282029 to allow the council to continuelevying and collecting assessments against the parcels in the amount needed to pay the annual loaninstallment. On April 18, 2023, the council initiated formation proceedings, preliminarily approved the Engineer’sReports, and appointed the date for the public hearing for the Proposed Districts. On June 6, 2023, thecouncil held a public hearing. On June 7, 2023, ballots were tabulated, and the council reconvened toconsider the results. Based upon the tabulation of the assessment ballots, the council determined that a majority protest, asdefined in Section 53753 of the Government Code, was not filed by the property owners in two of theProposed Districts: LLMD Nos. 20231 (Gateway) and 202311 (Paradise Valley). The council adoptedResolution Nos. 2023139 and 2023145 declaring the results of ballot proceedings, approving theengineer’s reports, and ordering the formation of each district. All landscaping and lighting maintenanceservices in each respective community will be funded by assessments levied under the new districts,LLMD No. 20231 (Gateway) and LLMD No. 202311 (Paradise Valley), effective July 1, 2023. Since LLMDs No. 1 – Gateway and No. 11 – Paradise Valley North received a General Fund loan, thecouncil may continue to levy and collect assessments against the parcels in these districts during thefiveyear repayment term, commencing FY 20232024, and may consider the dissolution of thesedistricts after FY 20272028. The resolutions in Attachments 1 and 2 initiate the FY 20232024 annualproceedings to levy assessments in the amounts needed to pay the annual loan installment as follows:LLMD No. 1 – Gateway:The FY 20232024 assessments for the Gateway district are proposed todecrease approximately 84% from the FY 20222023 rates. Assessment rates for each parcel varydepending on parcel size and are below the maximum allowable rate for each parcel established in1995. The budget includes the first of five annual loan repayments of $33,000 and applicable county collectionfees of $400. The total proposed revenue for this district is $33,170, which includes assessments of$33,000 and interest of $170. There will be no operations or maintenance services provided under thisdistrict.The district is projected to end FY 20222023 with $17,883 in fund balance. However, since the financeand accounting activity and reporting for FY 20222023 is not typically finalized until the end of the 2023calendar year, this fund balance will be reserved to cover residual FY 20222023 expenses and FY20232024 county collection fees and will not be applied to the loan payment in FY 20232024. LLMD No. 11 – Paradise Valley North:The FY 20232024 assessment for the Paradise Valley Northdistrict is proposed to decrease from the FY 20222023 rate of $190 per residential unit to $25.65 perresidential unit. The assessment is below the maximum rate allowable by the district’s adoptedassessment range established in 1995. The budget includes the first of five annual loan repayments of $35,000 and applicable county collectionfees of $400. The total proposed revenue for this district is $35,100, which includes assessments of$35,000 and interest of $100. There will be no operations or maintenance services provided under thisdistrict.The district is projected to end FY 20222023 with $9,249 in fund balance. However, since the financeand accounting activity and reporting for FY 20222023 is not typically finalized until the end of the 2023calendar year, this fund balance will be reserved to cover residual FY 20222023 expenses and FY20232024 county collection fees and will not be applied to the loan repayment in FY 20232024. Also based upon the June 7, 2023, tabulation of the assessment ballots, the council determined that amajority protest, as defined in Section 53753 of the Government Code, was filed by the propertyowners in seven of the Proposed Districts: LLMDs No. 20233 (Waterman Highlands), No. 20235(Rancho Solano), No. 20236 (Peppertree), No. 20237 (Rolling Hills), No. 20238 (Kolob Estates), No.202312 (Downtown Business District), and No. 202313 (North Cordelia). In accordance with Section22593 of the Streets and Highways Code, the council abandoned formation proceedings for thesedistricts. All landscaping and lighting maintenance services in these communities will continue to beprovided under the respective existing LLMDs.The resolutions in Attachments 39 initiate the FY 20232024 annual proceedings to levy the maximumassessment rates in LLMDs No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree,No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 – Downtown Business District, and No. 13 – NorthCordelia to pay for landscaping and lighting maintenance services, and applicable General Fund loanrepayments as follows: LMD No. 3 – Waterman Highlands:The FY 20232024 assessment for the Waterman Highlands districtis proposed to remain at the FY 20222023 rate of $195 per parcel. The assessment is the maximumrate allowable by the district’s adopted assessment range established in 1996. The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $5,600. The total proposed revenue for this district is $59,522, which includesassessments of $47,190, a General Fund contribution of $12,162, and interest of $170. There are nospecial projects planned for this district. Staff is requesting bids from landscape service providers forreduced services in this district based on the available FY 20232024 budget and will return to councilwith the proposed contract. LLMD No. 5 – Smith Ranch:The FY 20232024 assessment for the Smith Ranch (also known asRancho Solano) district is proposed to increase from the FY 20222023 rate of $663.66 per parcel to$706.13 per parcel. The assessment is the maximum rate allowable by the district’s adoptedassessment range, which was established in 1999 and is adjusted each year by the October SFOaklandHayward Urban Wage Earners and Clerical Workers CPI. The budget includes operations, maintenance, and administration. The total proposed revenue for thisdistrict is $882,909, which includes assessments of $847,356, a General Fund contribution of $35,373,and interest of $180. There are no special projects planned for this district. Staff is requesting bids fromlandscape service providers for reduced services in this district based on the available FY 20232024budget and will return to council with the proposed contract. LMD No. 6 – Peppertree:The FY 20232024 assessment for the Peppertree district is proposed toremain at the FY 20222023 rate of $60 per residential unit. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1996. The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $5,600. The total proposed revenue for this district is $28,390, which includesassessments of $28,320, and interest of $70. There are no special projects planned for this district.Staff is requesting bids from landscape service providers for reduced services in this district based onthe available FY 20232024 budget and will return to council with the proposed contract. LLMD No. 7 – Rolling Hills:The FY 20232024 assessments for the Rolling Hills district are proposedto remain at the FY 20222023 rates of $300 per parcel for the Rolling Hills development, and $250 perparcel for the Serpas Ranch development. These assessments are the maximum rates allowable by thedistrict’s adopted assessment ranges. The assessments for commercial properties at the intersectionof Hilborn Road and Lyon Road are proposed to increase by the October SFOaklandHayward UrbanWage Earners and Clerical Workers CPI.The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $82,000. The total proposed revenue for this district is $355,418, which includesassessments of $318,094, a General Fund contribution of $35,374, and interest of $1,950. There areno special projects planned for this district. Staff is requesting bids from landscape service providersfor reduced services in this district based on the available FY 20232024 budget and will return tocouncil with the proposed contract.LLMD No. 8 – Kolob Estates:The FY 20232024 assessment for the Kolob Estates district isproposed to remain at the FY 20222023 rate of $400 per parcel. The assessment is the maximum rateallowable by the district’s adopted assessment range established in 1994. The budget includes operations, maintenance, and administration. The total proposed revenue for thisdistrict is $53,340, which includes assessments of $52,000, a General Fund contribution of $1,040, andinterest of $300. There are no special projects planned for this district. Staff is requesting bids fromlandscape service providers for reduced services in this district based on the available FY 20232024budget and will return to council with the proposed contract.LLMD No. 12 – Downtown Business District:The FY 20232024 assessments for the DowntownBusiness District are proposed to remain at the amounts levied in FY 20222023. The proposedassessments for individual parcels vary by parcel size and are the maximum rates allowable by thedistrict’s adopted assessment range established in 1997. The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $8,000. The total proposed revenue for this district is $62,280, which includesassessments of $62,020, and interest of $260. There are no special projects planned for this district.Staff is requesting bids from landscape service providers for reduced services in this district based onthe available FY 20232024 budget and will return to council with the proposed contract.LLMD No. 13 – North Cordelia:The FY 20232024 assessments for the North Cordelia district areproposed as follows: Citation and Pulte developments are proposed to remain at the FY 20222023rate of $180 per unit; Hidden Meadows subdivision is proposed to increase from the FY 20222023rate of $882.77 per unit to $935.73 per unit; Village Oaks subdivision is proposed to increase from theFY 20222023 rate of $215.28 per unit to $228.20 per unit; Jayo subdivision is proposed to increasefrom the FY 20222023 rate of $226.61 per unit to $240.21 per unit; all other subdivisions are proposedto remain at the FY 20222023 rate of $170 per unit. The assessments for commercial properties areproposed to increase by the October SFOaklandHayward All Urban Consumers CPI. Theassessments are the maximum rate allowable by the district’s adopted assessment range establishedfor each development/subdivision. The maximum rates for the Hidden Meadows, Village Oaks, andJayo subdivisions are adjusted each year by the October SFOaklandHayward All Urban ConsumersCPI. The budget includes operations, maintenance, administration, and the first of five annual loanrepayments of $30,200. The total proposed revenue for this district is $658,907, which includesassessments of $628,335, a General Fund contribution of $30,172, and interest of $400. There are nospecial projects planned for this district. Staff is requesting bids from landscape service providers forreduced services in this district based on the available FY 20232024 budget and will return to councilwith the proposed contract.The adoption of these resolutions will grant preliminary approval of the FY 20232024 engineer’sreports, declare intention to order the levy and collection of assessments, and set the date and providenotice for a public hearing on July 18, 2023, for the nine LLMDs.FINANCIAL IMPACTThe total proposed FY 20232024 revenue for all nine districts is $2,169,036, which includesassessments of $2,051,315, General Fund (Fund 101) contributions of $114,121, and interest of$3,600. The City’s General Fund contributions cover a portion of the costs for street lighting, arteriallandscaping, and irrigation, which has been determined to be a general public benefit rather than aspecial benefit to the district property owners.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONInformation about the Proposed Districts and the city’s intention to provide services under the existingLLMDs should the Proposed District not be formed was presented directly to the property owners of theexisting and Proposed Districts at various community meetings, through various mailers, social mediaposts, the City of Fairfield website and CivicMic website since January 2022. All information was also shared with the Rancho Solano and Rolling Hills landscape committees, the Rancho Solano, Paradise Valley North, and North Cordelia homeowners’ associations, and the Rolling Hills Neighborhood Network.

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

However, not approving these resolutions will prevent the City from collecting assessments for the 20232024 tax year.

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

Description
Proposed Resolution LLMD No. 1 – Gateway
Proposed Resolution LLMD No. 3 – Waterman Highlands
Proposed Resolution LLMD No. 5 – Smith Ranch
Proposed Resolution LLMD No. 6 – Peppertree
Proposed Resolution LLMD No. 7 – Rolling Hills
Proposed Resolution LLMD No. 8 – Kolob Estates
Proposed Resolution LLMD No. 11 – Paradise Valley North Proposed Resolution LLMD No. 12 – Downtown Business District Proposed Resolution LLMD No. 13 – North Cordelia
Proposed Engineer’s Report LLMD No. 1 – Gateway
Proposed Engineer’s Report LLMD No. 11 – Paradise Valley North Proposed Engineer’s Report LLMD No. 3 – Waterman Highlands Proposed Engineer’s Report LLMD No. 5 – Smith Ranch
Proposed Engineer’s Report LLMD No. 6 – Peppertree
Proposed Engineer’s Report LLMD No. 7 – Rolling Hills
Proposed Engineer’s Report LLMD No. 8 – Kolob Estates
Proposed Engineer’s Report LLMD No. 12 – Downtown Business District Proposed Engineer’s Report LLMD No. 13 – North Cordelia REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 6/13/2023 5:03 PM
Beavers, Esther Approved 6/13/2023 6:09 PM
Beavers, Esther Approved 6/13/2023 6:09 PM
Packet Page 446 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-168

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 – GATEWAY

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District No. 1 – Gateway (LLMD No. 1 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2021-2022; and

WHEREAS, on August 16, 2022, the council issued a General Fund loan of $165,000 to LLMD No. 1 to supplement assessment revenue and minimize the disruption of services through FY 2022- 2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LLMD No. 2023-1 (Gateway), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on April 18, 2023, the council initiated formation proceedings, preliminarily approved the Engineer’s Report, and appointed the date for the public hearing for the proposed LLMD No. 2023-1 (Gateway); and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-1 (Gateway) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated, and the council reconvened to consider the results; and

WHEREAS, based upon the tabulation of the assessment ballots, the council determined that a majority protest, as defined in Section 53753 of the Government Code, was not filed by the property owners in the proposed LLMD No. 2023-1 (Gateway) and the district was formed; and Packet Page 447 of 977Attachment 1 Page 1 of 3

RES. NO. 2023-168

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WHEREAS, effective July 1, 2023, all landscaping and lighting maintenance services in the Gateway community will be funded by assessments levied under the new LLMD No. 2023-1 (Gateway).

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

Section 1. Pursuant to said resolution, the engineer designated therein prepared a report in accordance with Section 22565 et seq. of the California Streets and Highways Code for LLMD No.

1. Said report, on file in the office of the city clerk, as supplemented by the supplemental report for FY 2023-2024, ordered by the council and on file in the office of the city clerk, has been duly considered by this council and is hereby deemed sufficient and given preliminary approval. Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

Section 2. It is the intention of this council to levy and collect assessments within LLMD No. 1 for FY 2023-2024. No operations and maintenance services will be provided. The assessments levied in FY 2023-2024 will be applied to the first of five annual loan repayments of $33,000.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessments for the District are proposed to decrease approximately 84% from the FY 2022-2023 rates. Assessment rates for each parcel vary depending on parcel size and are below the maximum allowable rate for each parcel established in 1995.

Section 5. Reference is hereby made to the Engineer’s Report, on file with the city clerk, for a full and detailed description of the improvements (none to be provided in FY 2023-2024), the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District. Any public property owned by any public agency or used in performing a public function within the District may be assessed.

Section 6. This council hereby orders that a public hearing shall be held before this council in the regular meeting place thereof at the Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as follows:

RES. NO. 2023-168

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convenience, and necessity require that the proposed levy be made and this council’s final action upon the Engineer’s Report and the assessment therein. The agenda will be available on the City’s website, www.fairfield.ca.gov , at least 72 hours before the meeting.

Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city , at least ten days before the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 449 of 977Attachment 1 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-169

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING MAINTENANCE DISTRICT NO. 3 – WATERMAN HIGHLANDS

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2022-2023 assessment revenue for Landscaping Maintenance District No. 3 – Waterman Highlands (LMD No. 3 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2021-2022; and

WHEREAS, on August 16, 2022, the council issued a General Fund loan of $28,000 to LMD No. 3 to supplement assessment revenue and minimize the disruption of services through FY 2022- 2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LMD No. 2023-3 (Waterman Highlands), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LMD No. 2023-3 (Waterman Highlands) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

WHEREAS, based upon the tabulation of the assessment ballots, the council determined that a majority protest, as defined in Section 53753 of the Government Code, was filed by the property owners in the proposed LMD No. 2023-3 (Waterman Highlands); and

Packet Page 450 of 977Attachment 2 Page 1 of 3

RES. NO. 2023-169

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WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and

WHEREAS, all landscaping maintenance services in the Waterman Highlands community will continue to be funded by assessments levied under the existing LMD No. 3.

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

Section 1. Pursuant to said resolution, the engineer designated therein prepared a report in accordance with Section 22565 et seq. of the California Streets and Highways Code for the District. Said report, on file in the office of the city clerk, as supplemented by the supplemental report for FY 2023-2024, ordered by the council and on file in the office of the city clerk, has been duly considered by this council and is hereby deemed sufficient and given preliminary approval.

Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

The substantial changes to be made from the previous fiscal year may include the deferral, elimination, or decrease in the frequency of certain landscaping services and irrigation practices.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessment for the District is proposed to remain at the FY 2022-2023 rate of $195 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.

Section 5. Reference is hereby made to the Engineer’s Report, on file with the city clerk, for a full and detailed description of the improvements, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District. Any public property owned by any public agency or in use in the performance of a public function within the District may be assessed.

Packet Page 451 of 977Attachment 2 Page 2 of 3

RES. NO. 2023-169

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The public hearing shall be held on July 18, 2023, at the hour of 6:00 p.m., or as soon as possible thereafter, for the purposes of this council’s determination whether the public interest, convenience, and necessity require that the proposed levy be made, and this council’s final action upon the Engineer’s Report and the assessment therein. The agenda will be available on the City’s website, www.fairfield.ca.gov , at least 72 hours prior to the meeting.

Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city, at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 452 of 977Attachment 2 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-170

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 5 – SMITH RANCH

WHEREAS, on June 4, 1991, the council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts; and

WHEREAS, on April 19, 2022, staff informed the council that Landscaping and Lighting Maintenance District No. 5 – Smith Ranch (LLMD No. 5 or District), also known as Rancho Solano, was projected to have a budget deficit by fiscal year (FY) 2023-2024 if the District continued to provide landscaping and lighting maintenance services at the existing levels; and

WHEREAS, during FY 2022-2023, staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the form ation of LLMD No. 2023-5 (Rancho Solano), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-5 (Rancho Solano) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and

WHEREAS, all landscaping and lighting maintenance services in the Rancho Solano community will continue to be funded by assessments levied under the existing LLMD No. 5.

Packet Page 453 of 977Attachment 3 Page 1 of 3

RES. NO. 2023-170

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

Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

Section 2. It is the intention of this council to levy and collect assessments within the District for FY 2023-2024. The improvements to be financed by the District are located in the street right- of-ways and perimeter areas within the boundaries of the District and may be briefly described as the installation, construction, maintenance, operation, and servicing of street lighting, which may include lighting fixtures, poles, meters, and electrical cables, landscaping, which may include turf, ground cover, trees, shrubs, plants, open space, weed abatement, ornamental lighting structures, irrigation, and drainage systems, trails, wetlands, parks, and appurtenant facilities.

The substantial changes to be made from the previous fiscal year may include the deferral, elimination, or decrease in the frequency of certain lighting and/or landscaping services and irrigation practices. Additionally, the District will cease funding the maintenance and servicing of lighting facilities that do not meet the criteria described in Sections 22534 and 22535 of the Streets and Highways Code.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessment for the District is proposed to increase from the FY 2022-2023 rate of $663.66 per parcel to $706.13 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range, which was established in 1999 and is adjusted each year by the October SF-Oakland-Hayward Urban Wage Earners and Clerical Workers CPI.

Packet Page 454 of 977Attachment 3 Page 2 of 3

RES. NO. 2023-170

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Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city , at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 455 of 977Attachment 3 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-171

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING MAINTENANCE DISTRICT NO. 6 - PEPPERTREE

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2022-2023 assessment revenue for Landscaping Maintenance District No. 6 – Peppertree (LMD No. 6 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2021-2022; and

WHEREAS, on August 16, 2022, the council issued a General Fund loan of $28,000 to LMD No. 6 to supplement assessment revenue and minimize the disruption of services through FY 2022- 2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LMD No. 2023-6 (Peppertree), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LMD No. 2023-6 (Peppertree) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

Packet Page 456 of 977Attachment 4 Page 1 of 3

RES. NO. 2023-171

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WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and

WHEREAS, all landscaping maintenance services in the Peppertree community will continue to be funded by assessments levied under the existing LMD No. 6.

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

Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

The substantial changes to be made from the previous fiscal year may include the deferral, elimination, or decrease in the frequency of certain landscaping services and irrigation practices.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessment for the District is proposed to remain at the FY 2022-2023 rate of $60 per residential unit. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.

Packet Page 457 of 977Attachment 4 Page 2 of 3

RES. NO. 2023-171

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Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city , at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 458 of 977Attachment 4 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-172

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 7 – ROLLING HILLS

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2021-2022 and 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District No. 7 – Rolling Hills (LLMD No. 7 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2020-2021; and

WHEREAS, on May 3, 2022, the council issued a General Fund loan of $410,000 to LLMD No. 7 to supplement assessment revenue and minimize the disruption of services through FY 2022-2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LLMD No. 2023-7 (Rolling Hills), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-7 (Rolling Hills) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

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RES. NO. 2023-172

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WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and

WHEREAS, all landscaping and lighting maintenance services in the Rolling Hills community will continue to be funded by assessments levied under the existing LLMD No. 7.

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

Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

Section 2. It is the intention of this council to levy and collect assessments within the District for FY 2023-2024. In addition to the improvements, the assessments levied in fiscal year 2023- 2024 will be applied to the first of five annual loan repayments of $82,000. The improvements to be financed by the District are located in the street right-of-ways and perimeter areas within the boundaries of the District and may be briefly described as the installation, construction, maintenance, operation, and servicing of street lighting, which may include lighting fixtures, poles, meters, and electrical cables, landscaping, which may include turf, ground cover, trees, shrubs, plants, open space, weed abatement, ornamental lighting struct ures, irrigation, and drainage systems, trails, wetlands, parks, and appurtenant facilities. The substantial changes to be made from the previous fiscal year may include the deferral, elimination, or decrease in the frequency of certain lighting and/or landscaping services and irrigation practices.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessments for the District are proposed to remain at the FY 2022-2023 rates of $300 per parcel for the Rolling Hills development, and $250 per parcel for the Serpas Ranch development. These assessments are the maximum rates allowable by the district’s adopted assessment ranges. The assessments for commercial properties at the intersection of Hilborn Road and Lyon Road are proposed to increase by the October SF-Oakland-Hayward Urban Wage Earners and Clerical Workers CPI.

RES. NO. 2023-172

Page 3 ends

proposed assessments upon assessable lots and parcels of land within the District. Any public property owned by any public agency or in use in the performance of a public function within the District may be assessed.

Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city, at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 461 of 977Attachment 5 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-173

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 8 – KOLOB

ESTATES

WHEREAS, on June 4, 1991, the council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts; and

WHEREAS, on April 19, 2022, staff informed the council that Landscaping and Lighting Maintenance District No. 8 – Kolob Estates (LLMD No. 8 or District) was projected to have a budget deficit by fiscal year (FY) 2023-2024 if the District continued to provide landscaping and lighting maintenance services at the existing levels; and

WHEREAS, during FY 2022-2023, staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the form ation of LLMD No. 2023-8 (Kolob Estates), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-8 (Kolob Estates) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and

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RES. NO. 2023-173

Page 2 ends

WHEREAS, all landscaping and lighting maintenance services in the Kolob Estates community will continue to be funded by assessments levied under the existing LLMD No. 8.

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

Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessment for the District is proposed to remain at the FY 2022-2023 rate of $400 per parcel. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1994.

RES. NO. 2023-173

Page 3 ends

Fairfield, California, or in any other manner as specified on the regular meeting agenda, as follows:

Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulate d in the city, at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 464 of 977Attachment 6 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-174

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 11 – PARADISE

VALLEY NORTH

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2021-2022 and 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North (LLMD No. 11 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2020-2021; and

WHEREAS, on May 3, 2022, the council issued a General Fund loan of $175,000 to LLMD No. 11 to supplement assessment revenue and minimize the disruption of services through FY 2022- 2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LLMD No. 2023-11 (Paradise Valley), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-11 (Paradise Valley) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

RES. NO. 2023-174

Page 2 ends

property owners in the proposed LLMD No. 2023-11 (Paradise Valley) and the district was formed; and

WHEREAS, effective July 1, 2023, all landscaping and lighting maintenance services in the Paradise Valley community will be funded by assessments levied under the new LLMD No. 2023- 11 (Paradise Valley).

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

Section 1. Pursuant to said resolution, the engineer designated therein prepared a report in accordance with Section 22565 et seq. of the California Streets and Highways Code for LLMD No.

11. Said report, on file in the office of the city clerk, as supplemented by the supplemental report for FY 2023-2024, ordered by the council and on file in the office of the city clerk, has been duly considered by this council and is hereby deemed sufficient and given preliminary ap proval. Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

Section 2. It is the intention of this council to levy and collect assessments within LLMD No. 11 for FY 2023-2024. No operations and maintenance services will be provided. The assessments levied in FY 2023-2024 will be applied to the first of five annual loan repayments of $35,000.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The FY 2023-2024 assessment for the District is proposed to decrease from the FY 2022-2023 rate of $190 per residential unit to $25.65 per residential unit. The assessment is below the maximum rate allowable by the district’s adopted assessment range established in 1995.

Section 5. Reference is hereby made to the Engineer’s Report, on file with the city clerk, for a full and detailed description of the improvements (none to be provided in FY 2023-2024), the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District. Any public property owned by any public agency or in use in the performance of a public function within the District may be assessed.

Packet Page 466 of 977Attachment 7 Page 2 of 3

RES. NO. 2023-174

Page 3 ends

Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city, at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 467 of 977Attachment 7 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-175

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 12 – DOWNTOWN

BUSINESS DISTRICT

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District No. 12 – Downtown Business District (LLMD No. 12 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2021-2022; and

WHEREAS, on August 16, 2022, the council issued a General Fund loan of $40,000 to LLMD No. 12 to supplement assessment revenue and minimize the disruption of services through FY 2022- 2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LLMD No. 2023-12 (Downtown Business District), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-12 (Downtown Business District) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

RES. NO. 2023-175

Page 2 ends

WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and

WHEREAS, all landscaping and lighting maintenance services in the Downtown Business District community will continue to be funded by assessments levied under the existing LLMD No. 12.

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

Section 1. Pursuant to said resolution, the engineer designated therein prepared a report in accordance with Section 22565 et seq. of the California Streets and Highways Code for the District. Said report, on file in the office of the city clerk, as supplemented by t he supplemental report for FY 2023-2024, ordered by the council and on file in the office of the city clerk, has been duly considered by this council and is hereby deemed sufficient and given preliminary approval.

Said report, as supplemented, shall constitute the engineer’s report for FY 2023-2024 (Engineer’s Report).

Section 2. It is the intention of this council to levy and collect assessments within the District for FY 2023-2024. In addition to the improvements, the assessments levied in fiscal year 2023- 2024 will be applied to the first of five annual loan repayments of $8,000. The improvements to be financed by the District are located in the street right-of-ways and perimeter areas within the boundaries of the District and may be briefly described as the installation, construction, maintenance, operation, and servicing of street lighting, which may include lighting fixtures, poles, meters, and electrical cables, landscaping, which may include turf, ground cover, trees, shrubs, plants, open space, weed abatement, ornamental lighting structures, irrigation, and drainage systems, trails, wetlands, parks, and appurtenant facilities. The substantial changes to be made from the previous fiscal year may include the deferral, elimination, or decrease in the frequency of certain lighting and/or landscaping services and irrigation practices.

Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.

Section 4. The total FY 2023-2024 assessments for the District are proposed to remain at the amounts levied in FY 2022-2023. The proposed assessments for individual parcels vary by parcel size and are the maximum rates allowable by the district’s adopted assessment range established in 1997.

RES. NO. 2023-175

Page 3 ends

property owned by any public agency or in use in the performance of a public function within the District may be assessed.

Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city , at least ten days prior to the date of the public hearing specified in this resolution.

PASSED AND ADOPTED this 20th day of June, 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 470 of 977Attachment 8 Page 3 of 3

CITY OF FAIRFIELD

RESOLUTION NO. 2023-176

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2023-2024 ENGINEER’S REPORT, DECLARING INTENTION TO

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 13 – NORTH

CORDELIA

WHEREAS, on June 4, 1991, this City Council adopted Resolution No. 91-136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts ; and

WHEREAS, the fiscal year (FY) 2021-2022 and 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District No. 13 – North Cordelia (LLMD No. 13 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2020-2021; and

WHEREAS, on May 3, 2022, the council issued a General Fund loan of $151,000 to LLMD No. 13 to supplement assessment revenue and minimize the disruption of services through FY 2022- 2023 while staff conducted a community engagement process and the city conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of LLMD No. 2023-13 (North Cordelia), a new maintenance district with higher assessments that would adequately fund the services; and

WHEREAS, the loan was issued at 0% interest with a five-year repayment term, commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and

WHEREAS, on June 6, 2023, a public hearing regarding the formation of LLMD No. 2023-13 (North Cordelia) was held; and

WHEREAS, on June 7, 2023, assessment ballots were tabulated and the council reconvened to consider the results; and

RES. NO. 2023-176

Page 2 ends

Fairfield City CouncilJune 20, 2023

Fairfield City Council
June 20, 2023