Fairfield City Council
July 18, 2023

WHEREAS, the council has determined the following findings exist in support of this Annexation request and Pre-Annexation Agreement:
(a) The proposed annexation is consistent with the goals, polici es, and objectives of the General Plan. The majority of the annexation area (1.40 acres) is pre-zoned RLM-6 (Residential Medium Density), and the remaining .24 acres is pre-zoned IL (Limited Industrial) on the General Plan Land Use Diagram. The annexation is necessary in order to eliminate privately owned parcels that are considered “islands” in Solano County and to obtain the provision of City services, such as police and fire protection services, sewer, and water. The proposed annexation is consistent with the following General Plan Objectives:

Objective LU 4: Achieve a rate of growth that is consistent with the provision of public facilities and services, that balances jobs and housing, and that does not result in the degradation of the natural environment. (See Objectives CI 1, PF 1, and ED 3). Policy LU

4.1: Expand the city limits only in conformance with the Comprehensive Annexation Plan.

Policy PF 1.2: Encourage the concurrent (as opposed to piecemeal) annexation of adjacent unincorporated properties in order to facilitate the formation of assessment distr icts, Mello-Roos districts, and other financial mechanisms which will provide public facilities in an efficient and effective manner. Objective PF 12: Provide adequate public utilities.

Objective PF 15: Ensure adequate fire protection. Objective PF 16: Insure adequate police protection.

(b) The proposed annexation of the six parcels would not be detrimental to public interest, health, safety, or welfare of the City. Annexation is necessary to eliminate County island parcels within the City’s Sphere of Influence and to provide City services to properties that are more practically served under the City’s jurisdiction. Therefore, the annexation will not be detrimental to public interest, health, safety, or welfare of the City.

(c) The proposed annexation is consistent with the 2012 Municipal Service Review. The subject parcels are within the City of Fairfield Sphere of Influence and have been analyzed in the most recent 2012 Municipal Service Review, where the properties are identified as an “Island Annexations” (Section B.1.G and B.1.K). The Project will require Solano Local Agency Formation Commission (LAFCo) approval of the proposed reorganization; and

WHEREAS, the council desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization which would annex territory to the City.

Packet Page 639 of 742Attachment 1 Page 2 of 3

RES. NO. 2023-203

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

Section 1. The Pre-Annexation Agreement (PANX2023-001) between the City of Fairfield and Meadow Creek Group, LLC, attached as Exhibit ‘A’, is hereby approved.

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

Section 3. The Annexation (ANX2023-001) of the 1.64-acres consistent with the City’s General Plan, Municipal Service Review, and Sphere of Influence subject to the conditions in the attached Exhibit ‘B’; and hereby requests the Solano LAFCo to take proceedings for the annexation of territory as authorized and in the manner provided by the C ortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

PASSED AND ADOPTED this 18th day of July, 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 640 of 742Attachment 1 Page 3 of 3

EXHIBIT A
1 Recording Requested by and
Benefiting the City of Fairfield, a
Government Entity – No Fee Required
Per Government Code 6103

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City Clerk
Fairfield City Hall
1000 Webster Street
Fairfield, California 94533

PRE-ANNEXATION AGREEMENT

This Pre-Annexation Agreement (“Agreement”) is made and entered into this ____th day of , 2023, between the CITY OF FAIRFIELD, a Municipal Corporation (“City”), and MEADOW CREEK GROUP, LLC, a California Limited Liability Company (“Applicant”). City and Applicant are sometimes each individually referred to herein as a “party” and collectively as the “parties.”

RECITALS

A. The subject annexation area consists of six (6) parcels currently located in the unincorporated area of the County of Solano, legally described in Exhibit A, attached hereto (hereinafter referred to as the “Properties”). The Assessor’s Parcel Numbers (“APN”) are as follows: 0180-110-120, 0028-182-020, 0281-82-150, 0028-191-010, 0028- 191-020 and 0028-191-040; and

B. The Properties are adjacent to and contiguous to the existing corporate boundary of the City of Fairfield within its Sphere of Influence (SOI), but are not situated within the limits of any municipality; and

C. The Properties are developed with single-family residential units and jointly consist of approximately 1.64 acres; and

D. There are a total of sixteen (16) parcels, including the Properties, that are within the boundaries of the City of Fairfield but are not situated within the limits of the City’s municipality.

Packet Page 641 of 742Attachment 2 Page 1 of 20

EXHIBIT A
2 Four (4) of the parcels are owned by other agencies and are not part of any proposal for annexation. The APNs are as follows: 0152-031-110; 0152-032-010; 0174-040-040; and 0174-040-050.

Six (6) of the parcels have received City Council approval for annexation and are under the review of the Solano Local Agency Formation Commission (LAFCo) for annexation proceedings. These six properties are of interest to three development entities, including the Applicant. The APNs are as follows: 0037-060-480; 0037-060-490; 0037- 160-040; 0037-160-060; 0044-080-170; and 0044-080-160. LAFCo in partnership with the City and Applicant has agreed to process the six parcels and the Properties as a single application in two phases. Annexation Bundle 1 addresses the aforementioned six parcels and Annexation Bundle 2 will address the Properti es. Upon both phases being annexed, all privately owned parcels will be in the City’s jurisdiction; and

E. The Properties have City pre-zoning designations. APNs 0028-182-020, 0028-182-150, 0028-191-010, 0028-191-020, and 0028-191-040 are pre-zoned Residential Low- Medium Density (RLM) and APN 0180-110-120 is pre-zoned Limited Industrial (IL), as set forth in Chapter 25 of the Fairfield Municipal Code; and

F. The property at APN 0028-191-010 has existing City water services: The remaining five parcels shall connect to City services.

G. The Fairfield Suisun Sewer District does not have records to ascertain that the six properties are being served by the District’s sewer services at the time of preparing this Agreement. Therefore, all six properties shall connect to Fairfield Suisun Sewer District.

H. Property owners of the subject parcels shall be responsible for connecting to municipal utility services, water and sewer. The property owner shall contact the City of Fairfield Public Works Department – Engineering when they wish to receive services for their respective parcel(s).

I. The annexation of the Properties will extend the corporate limits and jurisdiction of the City, provide City emergency and utility services to the Properties, grant the residents of the Properties City voting ability and the opportunity to run for, or be appointed to City official positions, and will promote and enhance the general welfare of the City; and

[Continued on next page]
Packet Page 642 of 742Attachment 2 Page 2 of 20

EXHIBIT A
3 J. Under the Streamlined Island Annexation Process, California Government Code Sections 56744 and 56375.3, an “island annexation” initiated by a City must be approved by Solano Local Agency Formation Commission (“LAFCo”) and protest proceedings are entirely waived if the following requirements are met:

1. Annexation is proposed by resolution of the annexing city;

2. The island is 150 acres or less in size;

3. The island is surrounded or substantially surrounded by the annexing city or by the annexing city and adjacent cities;

4. The island is not a gated community where services are currently provided by a community services district;

5. The island is substantially developed or developing based on the availability of public utilities, presence of public improvements or the presence of physical improvements on the parcels within the area;

6. The island is not prime agricultural land as defined in Government Code Section 56064;

7. The island is receiving benefits from the annexing city or will benefit from the city;

8. The island was not created after January 1, 2000; and

K. The Properties meet all eight mandatory requirements stipulated in the Streamlined Island Annexation Process; and
L. On March 25th, 2023, the City organized an informational meeting at the Fairfield Civic Library to inform the property owners of the Properties of the pending annexation proposal. Formal meeting notification was mailed to the owners of the Properties on March 8, 2023;

M. On May 11, 2023, an application for the proposed annexation of the Properties was properly filed with the City in accordance with the rules and regulations governing the official filing of such applications; and

N. The City Council shall take action on a resolution finding the proposed annexation consistent with the City’s General Plan and Municipal Service Review, and request the Solano Local Agency Formation Commission (LAFCo) to initiate proceedings for the reorganization of territory; and

O. The City has determined that this Agreement is consistent with the Fairfield General Plan, and EIR, and is in accordance with all other applicable legal requirements; and

P. The City has determined that the annexation of the Properties is exempt from the requirements of the California Environmental Quality Act (CEQA). Under CEQA, the State has identified a list of projects, which have been determined to not have a significant effect on the environment and are therefore exempt from the requ irements of CEQA, as Packet Page 643 of 742Attachment 2 Page 3 of 20

EXHIBIT A
4 a result. The proposed project is exempt under Class 19, which consists of projects characterized as “annexations” that meet the criteria described in Section 15319 (Annexation of Existing Facilities and Lots for Exempt Facilities). Further environmental review will be conducted at the time any specific development activity is proposed for the site properties; and
Q. Applicant acknowledges that, during the term of this Agreement, the Properties will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, provided that the Properties are finally annexed to the City, as well as state and federal statutes and regulations, as they may be amended, unless otherwise provided for in this Agreement or agreed to in writing by the Parties; and

R. Unless otherwise set forth herein, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by City of any tax, fee, or charge; and

S. This Agreement is voluntarily entered into by both Parties in consideration of the rights and benefits conferred and the obligations incurred as specified herein.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

A. Annexation Support. The City agrees to be the applicant or co-applicant with Applicant to LAFCo for the annexation of the Properties. City shall use its best efforts to provide the necessary resolutions and environmental documentation (filed Notice of Exemption) to LAFCo as required to complete the annexation of the Properties, including the Certificate of Completion prior to December 31, 2023.

B. Applicant Obligations. The Applicant shall be responsible for the following obligations:

1. All applicable City application fees for the annexation, public notice, and County Clerk filing or recordation, and applicable reimbursable expenses for preparation of the Pre-Annexation Agreement; and

2. Payment for the Detachment of the Properties from the Suisun Fire Protection District or the Cordelia Fire Protection District, as applicable, for the Properties and for "Blessed Baptist Church" in an amount calculated by LAFCo based upon the loss of expected assessment payments over a 20-year period with a 2% annual Packet Page 644 of 742Attachment 2 Page 4 of 20

EXHIBIT A
5 incremental increase, the amount currently estimated at $46,469.42; and

3. The preparation of all LAFCo application materials, including recordation and filing fees, or any related studies as may be required by LAFCo. Preparation of an Environmental Impact Report, Initial Study, Mitigated Negative Declaration, or updated Municipal Services Review will require future coordination with the City and shall not be mandated by this Agreement; and

C. Incorporation of Recitals. The “Recitals” in this Agreement are material and are incorporated by reference as though fully set forth herein. Each recital of fact with regard to the parties will be conclusive between them and such facts will be incontestable in the event of any dispute between them with regard to such facts. No party will introduce any evidence in a court or administrative proceeding which would in any way serve to dispute any recited fact.

D. Property Zoning. The Applicant acknowledges and agrees that this Agreement shall not limit City’s authority to exercise the full range of its legislative and police powers with respect to development and use of the Properties in a manner consistent with this Agreement. Notwithstanding such authority, and provided the Applicant complies with the requirements of this Agreement, City agrees that the Properties shall continue to be designated under the Fairfield General Plan land use map for Residential Low-Medium Density (RLM) and Limited Industrial (IL) uses, as set forth in Chapter 25 of the Fairfield Municipal Code, during the term of this Agreement. If the ongoing land uses at the Properties are not consistent with the pre-zoning designations, the uses shall be permitted as a legal nonconforming use in a manner consistent with Chapter 25 of the Fairfield Municipal Code. Except as expressly set forth herein, neither this paragraph nor any portion of this Agreement shall be construed to protect the Property against changes in City policies, rules, regulations or conditions of development, including but not limited to permitted uses within the indicated zone or development impact fees, which would otherwise be applicable to the Properties.

E. Term. The term of this Agreement shall become effective when fully executed by the parties hereto (the “Effective Date”) and continue for a period of ten (10) years. This Agreement shall automatically terminate if either (a) the annexation proceedings are terminated for any reason; or (b) the completion of the annexation (recordation of a Certificate of Completion) does not occur on or before two (2) years from the Effective Date, which two (2) year period shall be extended in the event of an “Excusable Delay,” as such events are contemplated by Section Q of this Agreement. Notwithstanding the forgoing, Applicant or its successors shall have the right, upon ten (10) day’s prior written notice to City, to terminate this Agreement prior to LAFCo’s issuance of a Certificate of Completion of the annexation (and the running of all applicable statutes of limitations related thereto) if it determines in its sole discretion that it is in its best interest to do so, and, in such event, City agrees to withdraw the Resolution then pending before LAFCo.

Packet Page 645 of 742Attachment 2 Page 5 of 20

EXHIBIT A
6 F. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of the Parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of the City or the Applicant as provided by this Agreement.

G. Termination of Development Agreement. In addition to the amendment or cancellation of this Agreement pursuant to Section F of this Agreement shall be deemed terminated and of no further effect with respect to the Property upon the occurrence of any of the following events:

1. Expiration of the term of this Agreement as set forth in Section E.

2. Termination due to Applicant Default in accordance with Section H below.

3. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.

4. The adoption of a referendum measure repealing the ordinance approving this Agreement.

H. Default, Remedies, and Enforcement. In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, the other party may exercise any rights available at law or in equity, including an action for specific performance, damages, or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or cancelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.

I. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.

J. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party (which consent shall not be unreasonably withheld).

K. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement.

L. Entire Agreement. This Agreement represents the entire agreement between the City and Applicant as to its subject matter and no prior oral or written understanding shall be of any force or affect. The parties intend this paragraph to be a conclusive recital of fact Packet Page 646 of 742Attachment 2 Page 6 of 20

EXHIBIT A
7 pursuant to Section 622 of the California Evidence Code. This Agreement is intended to be a final expression of the agreement of the parties and is an integrated agreement within the meaning of Section 1856 of the California Code of Civil Procedure. This Agreement was jointly drafted by the parties.

M. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.

N. No Third-Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

O. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect.

P. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Applicant and that Applicant is not an agent of City. City and Applicant hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Applicant joint venturers or partners.

Q. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third -party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.

R. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.

Packet Page 647 of 742Attachment 2 Page 7 of 20

EXHIBIT A
8 S. Indemnification. The Applicant, and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents and employees (collectively "Indemnitees") from and against any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the Agreement. This in demnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the Indemnitees in connection with any such claims, actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. The City shall promptly notify Applicant and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. In the event such a legal action is filed, the City shall estimate its expenses for litigation. Applicant or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. Applicant and property owners shall reimburse the City, and each of the Indemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

T. Applicable Law. This Agreement will be construed and enforced pursuant to California law.

U. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. This Agreement was executed in Solano County, California, and venue for any legal action arising from or in connection with this Agreement or the Property shall be brought in the Solano County Superior Court.

[Continued on next page]

Packet Page 648 of 742Attachment 2 Page 8 of 20

EXHIBIT A
9 V. Notices. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

Written notices, demands and communications between City and Owner shall be sufficiently given by personal service or dispatched by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the third business day after deposit of same in the mail. All notices shall be addressed as follows:

If to the City: Director, Community Development
City of Fairfield
1000 Webster Street
Fairfield, California 94533-4883

with a copy to: City Attorney
City of Fairfield
1000 Webster Street
Fairfield, California 94533-4883

If to the Applicant: David B. Sanson
Meadow Creek Group LLC
1500 Willow Pass Court
Concord, CA. 94520

with a copy to: Dana Tsubota
1500 Willow Passt Court
Concord, CA 94520

And to: Trent Sanson
DeNova Homes, Inc.
1500 Willow Pass Court
Concord, CA 94520

Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

Packet Page 649 of 742Attachment 2 Page 9 of 20

EXHIBIT A
10 IN WITNESS WHEREOF, Applicant and City have caused this Agreement to be executed and sealed, as of the day and year first written above.

APPLICANT
By: ________________________________ Date: _______________________________ Name: ______________________________
Title: _______________________________

By: ________________________________ Date: _______________________________ Name: ______________________________
Title: _______________________________

CITY OF FAIRFIELD, a municipal corporation

By: ________________________________ Date: _______________________________ Name: ______________________________
Title: _______________________________

Attest:

By: ________________________________ Date: _______________________________ Name: ______________________________
Title: _______________________________

APPROVED AS TO FORM:

By: ________________________________
Name:

Title: City Attorney

Packet Page 650 of 742Attachment 2 Page 10 of 20

LAFCO 2023-05

Exhibit A
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION – PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

GEOGRAPHIC DESCRIPTION
All that certain real property, situate in the unincorporated territory of the County of Solano, State of California, and being portions of Suisun Rancho and a portion of the North Half of Section 12, Township 4 North, Range 3 West, M.D.B.& M.

Description consists of 5 pages
Exhibit consists of 5 pages
SURVEYOR’S STATEMENT:

This description and exhibit of the LAFCO Annexation No. 2023-05 boundary is not a legal property description as defined in the Subdivision Map Act and may not be used as a basis for an offer for sale of the land described. It is for assessment purposes only.

Prepared on June 2, 2023, by or under the direction of:
_______________________________________
Mark H. Wehber, LS 7960
COUNTY SURVEYOR’S STATEMENT:

This description and exhibit meets the requirements of the State Board of Equalization, the Solano County Assessor/Recorder’s Office and conforms to the lines of assessment.

Dated: ___________________, 2023
_______________________________________
Danielle L. Goshert, PLS 8494
Deputy Solano County Surveyor
APPROVED BY LOCAL AGENCY FORMATION COMMISSION:

Dated: ___________________, 2023
_______________________________________
Richard J. Seithel, Executive Officer
Solano LAFCO
ATTACHMENT 1
Packet Page 651 of 742Attachment 2 Page 11 of 20

LAFCO 2023-05

Exhibit A
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION – PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

GEOGRAPHIC DESCRIPTION

AREA 1

All that certain real property, situate in the unincorporated territory of the County of Solano, State of California, and being a portion of the North Half of Section 12, Township 4 North, Range 3 West, M.D.B.& M., described as follows:

Beginning at a point on the existing city limit line of the City of Fairfield, said Point of Beginning being on the northeast corner of the 6th Annexation District of 1977 by Ordinance #77-22, said Point of Beginning lying on the western line of Lopes Road (County Road No. 87) being North 18°15’20” West 127.80 feet, more or less, from the intersection of the center lines of Lopes Road (County Road No. 87) and West Cordelia Road (County Road No. 252);

Thence, ( 1 ) from said point of beginning, along said existing City limit line, along the northern line of said Ordinance #77-22, the following two (2) courses: South 76°42'15" West 50.00 feet, and

Thence, ( 2 ) North 71°35'57" West 107.86 feet to a point on the boundary line of the 6th Annexation District of 1971 by Ordinance #71-46;

Thence, ( 3 ) leaving said northern line of Ordinance #77-22, along said boundary line of Ordinance #71-46, the following three (3) courses: North 00°01'00" West 50.63 feet,

Thence, ( 4 ) North 89°59'00" East 151.00 feet, and

Thence, ( 5 ) South 00°01'00" East 73.22 feet to said Point of Beginning.

Containing 0.25 acres of land more or less.

For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described.

END OF DESCRIPTION

Packet Page 652 of 742Attachment 2 Page 12 of 20

LAFCO 2023-05

Exhibit A
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION – PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

GEOGRAPHIC DESCRIPTION

AREA 2

All that certain real property, situate in the unincorporated territory of the County of Solano, State of California, and being a portion of Suisun Rancho, described as follows:

Beginning at a point on the existing city limit line of the City of Fairfield, said Point of Beginning being the southwest corner of the 1ST Annexation District of 1972 by Ordinance #72-29, said Point of Beginning being South 12°13’03” West 777.96 feet, more or less, from the intersection of the center lines of Hamilton Drive and Woolner Avenue;

Thence, ( 6 ) from said point of beginning, along the southern line of said Ordinance #72-29, South 89°32'30" East 140.05 to the southeast corner of said Ordinance #72-29, being a point on the western line of the 3rd Annexation District of 1977 by Resolution #77-34;

Thence, ( 7 ) from said southeast corner, along said western line of Resolution #77- 34, South 00°02'10" East 121.60 feet to a point on the northern line of the 4th Annexation District of 1975 by Ordinance #75-19;

Thence, ( 8 ) leaving said western line of Resolution #77-34, along said northern line of Ordinance #75-19, North 89°32'30" West 145.05 feet to a point on the eastern line of the 3rd Annexation District of 1969 by Resolution #69-8;

Thence, ( 9 ) leaving said northern line of Ordinance #75-19, along said eastern line of Resolution #69-8, the following two (2) courses: North 00°02'10" West 121.60 feet, and

Thence, ( 10 ) South 89°32'30" East 5.00 to said Point of Beginning.

Containing 0.40 acres of land more or less.

For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described.

Packet Page 653 of 742Attachment 2 Page 13 of 20

LAFCO 2023-05

Exhibit A
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION – PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

GEOGRAPHIC DESCRIPTION

END OF DESCRIPTION
AREA 3

All that certain real property, situate in the unincorporated territory of the County of Solano, State of California, and being a portion of Suisun Rancho, described as follows:

Beginning at a point on the existing city limit line of the City of Fairfield, said Point of Beginning being the southwest corner of the 1st Annexation District of 1971 by Ordinance #71-77, said Point of Beginning being South 15°54’39” West 600.97 feet, more or less, from the intersection of the center lines of Hamilton Drive and Woolner Avenue;

Thence, ( 11 ) from said point of beginning, along the southern line of said Ordinance #71-77, South 89°32'30" East 145.05 to a point on the western line of the 3rd Annexation District of 1977 by Resolution #77-34;

Thence, ( 12 ) along said western line of Resolution #77-34, South 00°02'10" East 121.60 feet to the northeast corner of the 1ST Annexation District of 1972 by Ordinance #72-29;

Thence, ( 13 ) from said northeast corner, along the northern line of said Ordinance #72-29, North 89°32'30" West 145.05 feet to the northwest corner of said Ordinance #72-29, said point being a point on the eastern line of the 3rd Annexation District of 1969 by Resolution #69-8;

Thence, ( 14 ) from said northwest corner, along said eastern line of Ordinance #69-8, North 00°02'10" West 121.60 feet to said Point of Beginning.

Containing 0.39 acres of land more or less.

For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described.

END OF DESCRIPTION

Packet Page 654 of 742Attachment 2 Page 14 of 20

LAFCO 2023-05

Exhibit A
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION – PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

GEOGRAPHIC DESCRIPTION

AREA 4

All that certain real property, situate in the unincorporated territory of the County of Solano, State of California, and being a portion of Suisun Rancho, described as follows:

Beginning at a point on the existing city limit line of the City of Fairfield, said Point of Beginning being on the eastern line of the 1ST Annexation District of 1972 by Ordinance #72-29, said Point of Beginning lying on the southern line of Woolner Avenue (50 feet wide), being South 73°53’59” East 91.39 feet, more or less, from the intersection of the center lines of Hamilton Drive and Woolner Avenue;

Thence, ( 15 ) from said point of beginning, along the southern line of said Woolner Avenue (50 feet wide), South 89°46'30" East 112.32 feet to a point on the boundary line of the ___ Annexation District of ____ by Resolution #___;

Thence, ( 16 ) leaving said southern line of Woolner Avenue (50 feet wide), along said boundary line of said Resolution #____, South 00°6'30" East 320.17 feet to a point on said eastern line of said Ordinance #72-29;

Thence, ( 17 ) leaving said boundary line of Resolution #____, along said eastern line of said Ordinance #72-29, the following four (4) courses: North 89°52'10" West 60.00 feet,

Thence, ( 18 ) North 00°04'08" West 170.27 feet,

Thence, ( 19 ) North 89°46'30" West 52.79 feet, and

Thence, ( 20 ) North 00°01'30" East 150.00 feet to said Point of Beginning.

Containing 0.62 acres of land more or less.

For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described.

END OF DESCRIPTION

Packet Page 655 of 742Attachment 2 Page 15 of 20

AREA 1
SHEET 1 OF 5
JOB NO. 2660-000 F:\2660-000\ACAD\SURVEY\PLATS\PLAT-07 ANNEX.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

EXHIBIT B
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2, 2023

PRELIMINARY

CORDELIA

R
O
A
D

CORDELIA

R
O
A

DLOPES ROADAUTO PLAZA COURT

VICINITY MAP HAMILTON DRIVEWOOLNER AVENUE

SERRANO DRIVEDE SOTO DRIVECABRILLO DRIVE

SUNHAVEN CIRCLE

SUNHAVEN CIRCLE

BEAUJOLAIS COURT

SUNHAVEN COURT

VICINITY MAP
AREA 2
AREA 3
AREA 4
ATTACHMENT 1
Packet Page 656 of 742Attachment 2 Page 16 of 20

AREA 1

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

EXHIBIT B
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2, 2023
SHEET 2 OF 5
JOB NO. 2660-000 F:\2660-000\ACAD\SURVEY\PLATS\PLAT-07 ANNEX.DWG

PRELIMINARY
Packet Page 657 of 742Attachment 2 Page 17 of 20

AREA 2

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

EXHIBIT B
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2, 2023
SHEET 3 OF 5
JOB NO. 2660-000 F:\2660-000\ACAD\SURVEY\PLATS\PLAT-07 ANNEX.DWG

PRELIMINARY
Packet Page 658 of 742Attachment 2 Page 18 of 20

AREA 3

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

EXHIBIT B
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2, 2023
SHEET 4 OF 5
JOB NO. 2660-000 F:\2660-000\ACAD\SURVEY\PLATS\PLAT-07 ANNEX.DWG

PRELIMINARY
Packet Page 659 of 742Attachment 2 Page 19 of 20

AREA 4

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

EXHIBIT B
SOLANO LAFCO PROJECT NO. 2023-05
FAIRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2, 2023
SHEET 5 OF 5
JOB NO. 2660-000 F:\2660-000\ACAD\SURVEY\PLATS\PLAT-07 ANNEX.DWG

PRELIMINARY
Packet Page 660 of 742Attachment 2 Page 20 of 20

EXHIBIT B

PLANNING COMMISSION

CONDITIONS OF APPROVAL
Project Name: Fairfield Phase 2 Bundle Annexation

Address: 228 Lopes Rd. (APN: 0180-110-120)
2291 Woolner Ave. (APN: 0028-182-020)
2287 Woolner Ave. (APN: 0028-182-150)
335 Hamilton Dr. (APN: 0028-191-010)
339 Hamilton Dr. (APN: 0028-191-020)
401 Hamilton Dr. (APN: 0028-191-040)

Hearing Date: July 14, 2023
File No.: ANX2023-001, PANX2023-001, ER2023-021

Annexation approval has been granted subject to compliance with the following conditions which must be satisfied prior to issuance of building permits , unless noted otherwise:

1.0 SPECIAL CONDITIONS

1.1 Annexation approval does not grant any development entitlements. Any future improvements to the annexed properties will be subject to the appropriate pre-zoning designation regulations and require review and approval of the Community Development Department.

1.2 Comply with the conditions of the Public Works Department:
a) The Public Works Department does not require parcels to receive City of Fairfield water and sewer services as a condition to annex into the City. Instead, the owners of the parcels shall contact the Public Works Department – Engineering when they wish to receive municipal utility services (such as water and sewer) for their respective parcel(s). i) At that time, the property owners shall pay all municipal encroachment permit fees and utility costs, such as water meter fees, water and sewer connection costs, and service charges to the City. Please note that the City does not provide construction services, and the property owners shall solicit qualified and licensed contractors to install all necessary improvements.
ii) The property owner requesting utility services shall construct all public utility main improvements to extend the existing public utility infrastructure, if such utility main is not available along the project frontage, to the parcel requesting service.

All associated costs shall be borne by the property owner(s).

Packet Page 661 of 742Attachment 3 Page 1 of 2

EXHIBIT B

2.0 APPROVAL TIME LIMITS/REVOCATION

2.1 Approval of this application shall expire two (2) years from the approval date or run concurrently with the term of the Pre-Annexation Agreement (PANX2023-001). A time extension may be granted if the applicant submits a written request to the Community Development Department prior to the expiration of the application.

2.2 This approval shall not be valid unless and until the following additional approval(s) are granted:
a) City Council Approval of Annexation (ANX2023-001), Pre-Annexation Agreement (PANX2023- 001), and Environmental Review (ER2023-021); and
b) Solano County Local Agency Formation Commission (LAFCo) approved and completed annexation into the City of Fairfield.

3.0 GENERAL REQUIREMENTS

3.1 Except as may be modified by the conditions contained herein and approved by the Planning Division pursuant to Section 3.2 and shall proceed in accordance with the Fairfield City Code. The Fairfield Phase 2 Bundle Annexation shall proceed pursuant to Exhibit A “Solano LAFCo Project No. 2023-05 Fairfield Islands Annexation-Phase 2,” consisting of pages 1 through 5, prepared on June 2, 2023, under the direction of County Surveyor; and Exhibit B preliminary plats consisting of 5 sheets, prepared by “cbg Civil Engineers”. Said exhibits shall be executed by the Solano County Local Agency Formation Commission Executive Officer upon LAFCo’s Commission approval.

3.2 Approval of this project shall not waive compliance with all sections of the Fairfield City Code (Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.

3.3 The Applicant, and property owner(s), and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents and employees (collectively "Indemnitees") from and against any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the granting of this approval by the City or the exercise of the rights granted by this approval. This indemnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the Indemnitees in connection with any such claims, actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. The City shall promptly notify Applicant and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. In the event such a legal action is filed, the City shall estimate its expenses for litigation. Applicant or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. Applicant and property owners shall reimburse the City, and each of the Indemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

Packet Page 662 of 742Attachment 3 Page 2 of 2

City of Fairfield Planning CommissionRESOLUTION NO. 2023-08RESOLUTION OF THE FAIRFIELD PLANNING COMMISSIONRECOMMENDING THAT THE FAIRFIELD CITY COUNCIL FIND THEPROPOSED ANNEXATION OF SIX PARCELS IN SOLANO COUNTY (APNS:0180-L1,0-L20, 0028-1.82-020, 0028-1.82-150, 0028-191.-0L0,0028-L91"020 AND0028-191-0 40), TOTALIN G L.64-ACRES, CON S IS TENT WITH THE CITY',SGENERAL PLAN AND MUNICIPAL SERVICE REVIEW; AND REQUESTS THESOLANO LOCAL AGENCY FORMATION COMMISSION TO INITIATEPROCEEDINGS FOR THE REORGANIZATION OF TERRITORYTHE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HEREBY RECITES, FINDS, DETERMINES,ORDERS, AND RESOLVES AS FOLLOWS:SECTION 1. On May Lt, 2O23, An n exation (ANX2023-00 1), P re-An n exation ( PAN X 2023-OOL\,and Environmental Review (ER2O23-021) applications for a proposed annexationof six (6) parcelslocated in different areas of Solano County (APNs: O1BO-110-L2O, AO28-182-O2O, AO28-TB2-150, 002g-tgL-oto,002g-191-020 and 0028-L91-040), totaling 1.64-acres, (Project) wasproperly filed with the Community Development Department in accordance with the rules andregulations governing the official filing of such applications.SECTION 2. The commission held a duly noticed public hearing on June 28,2023. The City staffpresented substantial factual information regarding the prothrough oral presentations before the commission, and theposed Project in staff rePorts andcommission considered all Publictestimony and information presented during the public hearing regarding this application.SECTION 3. The commission has determined that the Project is categorically exempt (ER2023-021) from the requirements of the California Environmental Quality Act (CEQA), pursuant toCEQA Guidelines, Section 15319 Annexation of Existing Facilities and Lots for Exempt Facilities,which exempts (a) annexations to a city of areas containing existing private uses and structuresdeveloped to the density allowed by the current zoning or pre-zoning of either the gaining orlosing governmental agency, whichever is more restrictive, provided that the extension of utilityservices to the existing facilities would have a capacity to serve only the existing facilities; and (b)annexations of individual small parcels of the minimum size for facilities exempted by CEQAGuidelines Section 15303. The properties proposed for annexation are developed with a single-family home to the density allowed by the zoning of Solano County, with no changes currentlyproposed to the existing structures. Upon annexation, the City of Fairfield would provide utilityservices and has the capacity to serve the property.PC ITEM NO.: BPC DATE: 6/28/23FILE NO.: ANX2023-001; PANX2023-001 ER2023-021 https://fairfieldgov.sharepoint.com/teams/THEAGENDERS/20230628/ITEM B - Fairfield Phase 2 Bundle Annexation/2. PC ResolPAGE 1ution.docxPacket Page 663 of 742Attachment 4 Page 1 of 32

The Project is further exempt under Section 15061(bX3) of the CEQA Guidelines, which statesthat CEeA only applies to projects which have the potential to have a significant effect on theenvironment. The annexation would not change the use of the properties, and furtherenvironmental review would be conducted if development applications are submitted to the City.SECTION 4. The commission has determined the following findings exist in support of thisAnnexation request and Pre-Annexation Agreement:(a) The proposed annexation is consistent with the goals, policies, and objectives of theGeneral Plan. The majority of the annexotion area (7.40 ocres) is pre-zoned RLM-6(Residential Medium Density), and the remoining .24 acres is pre-zoned lL (Limitedtndustriot) on the General Plan Lond use Diagram.The onnexation is necessary in orderto eliminate privotely owned parcels thot are considered "islonds" in Solano Countyand to obtoin the provision of City services, such as police and fire protection service,sewer, and woter. The proposed annexation is consistent with the following Generolplon Objectives: Objective LU 4: Achieve a rote of growth that is consistent with theprovision of publicfocilitiesand services,that balances iobs ond housing, ond that doesnot result in the degrodation of the natural environment. (See Obiectives Cl 7, PF 7,ond ED 3). Policy 1u 4.7: Expond the city limits only in conformonce with theComprehensive Annexation Plan. Poticy PF L.2: Encourage the concurrent (as opposedto piecemeal) onnexation of adjacent unincorporated properties in order to facilitotethe formotion of assessment districts, Mello-Roos districts, and other finoncialmechanisms which will provide public facilities in an efficient and effective monner.Objective PF 1-2: Provide odequote pubtic utilities. Obiective PF 75: Ensure adequatefire protection. obiective PF 1-6: lnsure adequote police protection.(b) The proposed annexation of the six parcels would not be detrimental to publicinterest, health, safety, or welfare of the City. Annexation is necessary to eliminoteCounty islond porcels within the City's Sphere of lnfluence ond to provide City servicesto properties that dre more proctically served under the City's iurisdiction. Therefore,the onnexation will not be detrimentol to public interest, health, safety, or welfare ofthe City.(c) The proposed annexation is consistent with the 2012 Municipalservice Review. Ihesubject porcels are within the City of Fairfield Sphere of lnfluence and hove beenanolyzed in the most recent 20L2 Municipal Service Review, where the properties oreidentified as on "lsland Annexotions" (Section 8.1.G ond 8.L.K). The Proiectwill requireSolano Local Agency Formation Commission (LAFCo) approvol of the proposedreorganization.SECTION 5. Based upon the written findings set forth in sections 3 and 4 of this Resolution,the commission hereby:PC ITEM No.: B PC DATE: 6/28/2023FILE NO.: ANX2023{01; PANX2023-001 ER2023{21 PAGE 2https:/fairfieldgov.sharepoint.com/teamsfiHEAGENDERS/20230628/ITEM B - Fairfield Phase 2 Bundle Annexalion/2. PC Resolution'docxPacket Page 664 of 742Attachment 4 Page 2 of 32

(a)Recommends that the City Council find the proposed Annexation (ANX2023-001) ofthe L.54-acres consistent with the City's General Plan, Municipalservice Review, andSphere of lnfluence subject to the terms contained in the attached Exhibit'A'and theconditions in the attached Exhibit 'B'.; and request the Solano LAFCo to initiateproceedings for the reorganization of territory pursuant to the Cortese-Knox-Hertzberg Reorganization Act of 2000 Sections 56000 et seq. of the CaliforniaGovernment Code).SECTION 6. The record ofproceedings shall be located at the City's Community DevelopmentDepartment and the director of community development shall be the custodianof suchdocuments.PASSED AND ADOPTED this 28th day of June 2023,AYES: COMMISSIONERS: Jerome CHILDS (Chair) /ffi/ LereciaEVANS / Don GEVE/ Chris MATTHEWS / Shashi PAUL lTimWERBLINNotrlNoruQvzgNNOES:ABSTAIN:ABSENT:COMMISSIONERS:COMMISSIONERS:COMMISSIONERS:JEME CHILDS, ChairPersonATTEST:MEILY MN, SecretaryPC ITEM No.: B PC DATE: 6128/2023FILENO.: ANX2023{01; PANX2O23'OO1 ER2O23{21 PAGE 3https:/fairfieldgovsharepoint.com/teamsfHEAGENDERS/20230628/ITEM B - Fairfield Phase 2 Bundle Annexation/2. Pc Resolution.docxPacket Page 665 of 742Attachment 4 Page 3 of 32

EXHIBIT ARecording Requested by andBenefiting the City of Fairfield, aGovemment Entity - No Fee RequiredPer Government Code 61"03RECORDING REQUESTED BY ANDWHEN RECORDED RETURN TO:City ClerkFairfield City Hall1000 Webster StreetFairfi eld, Califomia 94533PRN AGRThis Pre-Annexation Agreement ("Agreement") is made and entered into this th dayof2023, between the CITY OF FAIRFIELD, a Municipal Corporation("Ciq/'), and MEADOW CREEK GROUP, LLC, a California Limited Liability Company("Applicant"). City and Applicant are sometimes each individually referred to herein as a"party" and collectively as the "parties."RECITALSA. The subject annexation area consists of six (6) parcels currently located in theunincorporated area of the County of Solano, legally described in Exhibit A, attachedhereto (hereinafter referred to as the "Properties"). The Assessor's Parcel Numbers("APN") are as follows: O18O-110-120, OO28-L82-O20,0281-82-150, 0028-191-010, 0028-I9L-O2O and 0028-19L-040; andB. The Properties are adjacent to and contiguous to the existing corporate boundary ofthe City of Fairfield within its Sphere of lnfluence (SOl), but are not situated within thelimits of any municipality; andC. The Properties are developed with single-family residential units and jointly consist ofapproximately 1.64 acres; andD. There area total of sixteen (16) parcels, including the Properties, that arewithin theboundaries of the City of Fairfield but are not situated within the limits of the City'smunicipality.IPacket Page 666 of 742Attachment 4 Page 4 of 32

EXHIBIT AFour (4) of the parcels are owned by other agencies and are not part of any proposalfor annexation. The APNs are as follows: 0152-03L-110; 0152-032-0IQ;0174-040-O4O;and 0174-040-050.Six (6) of the parcels have received City Council approval for annexation and are underthe review of the Solano Local Agency Formation Commission (LAFCo) for annexationproceedings. These six properties are of interest to three development entities,including the Applicant. The APNs are as follows: 0037-060-480; 0037-050-490; 0037-160-040; OO37-160-060;0044-08O-I70; and 0044-080-L60. LAFCo in partnership withthe City and Applicant has agreedto process the six parcels and the Properties as asingle application in two phases. Annexation Bundle l- addresses the aforementionedsix parcelsand Annexation Bundle 2 will address the Properties. Upon both phasesbeing annexed, all privately owned parcels will be in the City's jurisdiction; andE. The Properties have Citypre-zoning designations. APNs 0028-782-020,0028-L82-L5O'0028-191-010, 0028-1gL-02O, and 0028-L9t-O40 are pre-zoned Residential Low-Medium Density (RLM)and APN 0180-110-L20 is pre-zoned Limited lndustrial (lL), asset forth in Chapter 25 of the Fairfield Municipal Code; andF. The property at APN 0028-L91-010 has existing City water services: The remainingfive parcels shall connect to City services.G. The Fairfield Suisun Sewer District does not have records to ascertain that the sixproperties are being served by the District's sewer services at the time of preparingthis Agreement. Therefore, all six properties shall connect to Fairfield Suisun SewerDistrict.H. property owners of the subject parcels shall be responsible for connecting to municipalutility services, water and sewer. The property owner shall contact the City of Fairfieldpublic Works Department - Engineering when they wish to receive services for theirrespective parcel(s).l. The annexation of the Properties will extend the corporate limits and jurisdiction ofthe City, provide City emergency and utility services to the Properties, grant theresidents of the Properties City voting ability and the opportunity to run for, or beappointed to Cityofficial positions, and will promote and enhance the generalwelfareof the City; and[Continued on next page]2Packet Page 667 of 742Attachment 4 Page 5 of 32

EXHIBIT AJ. Under the Streamlined lsland Annexation Process, California Government CodeSections 56744 and 56375.3, an "island annexation" initiated by a City must beapproved by Solano Local Agency Formation Commission ("LAFCo") and protestproceedings are entirely waived if the following requirements are met:L. Annexation is proposed by resolution of the annexing city;2. The island is L50 acres or less in size;3. The island is surrounded or substantially surrounded by the annexing city or bythe annexing city and adjacent cities;4. The island is not a gated community where services are currently provided by acommunity services districU5. The island is substantially developed or developing based on the availability ofpublic utilities, presence of public improvements or the presence of physicalimprovements on the parcels within the area;6. The island is not prime agricultural land as defined in Government Code Section56064;7. The island is receiving benefits from the annexing city or will benefit from the city;8. The island was not created after January L, 2000; andK. The Properties meet all eight mandatory requirements stipulated in the Streamlinedlsland Annexation Process; andL. On March ZSth,2023,the City organized an informational meeting at the Fairfield CivicLibrary to inform the property owners of the Properties of the pending annexationproposal. Formal meeting notification was mailedto the owners of the Properties onMarch 8,2023;M. On May L1, 2O23, an application for the proposed annexation of the Properties wasproperly filed with the City in accordance with the rules and regulations governing theofficial filing of such applications; andN. The City Council shall take action on a resolution finding the proposed annexationconsistent with the City's General Plan and Municipal Service Review, and request theSolano Local Agency Formation Commission (LAFCo) to initiate proceedings for thereorganization of territory; andO. The City has determined that this Agreement is consistent with the Fairfield Generalplan, and ElR, and is in accordance with all other applicable legal requirements; andp. The City has determined that the annexation of the Properties is exempt from therequirements of the California Environmental Quality Act (CEQA). Under CEQA, the Statehas identified a list of projects, which have been determined to not have a significanteffect on the environment and are therefore exempt from the requirements of CEQA, asJPacket Page 668 of 742Attachment 4 Page 6 of 32

EXHIBIT Aa result. The proposed project is exempt under Class 19, which consists of projectscharacterized as "annexations" that meet the criteria described in Section 15319(Annexation of Existing Facilities and Lots for Exempt Facilities). Further environmentalreview will be conducted at the time a ny specific development activity is proposed for thesite properties; andQ. Applicant acknowledges that, during the term of this Agreement, the Properties will besubject to all ordinances, resolutions, and other regulations of the City, as they may beamended from time to time, provided that the Properties are finally annexed to theCity, as well as state and federal statutes and regulations, as they may be amended,unless otherwise provided for in this Agreement or agreed to in writing by the Parties;andR. Unless otherwise setforth herein, nothing contained in this Agreement shall constitutea waiver of the City's legislative, governmental, or police powers to promote andprotect the health, safety and welfare of the City and its inhabitants, nor shall thisAgreement prohibit the enactment or increase by City of any tax, fee, or charge; andS. ThisAgreementisvoluntarilyentered into byboth Partiesin consideration of the rightsand benefits conferred and the obligations incurred as specified herein.AGREEMENTNOW, THEREFORE, in consideration of the mutual covenants contained in this Agreementand for other good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged, the Parties agree as follows:A. AqngXalion Suppon The City agrees to be the applicant or co-applicant with Applicantto LAFCo for the annexation of the Properties. City shall use its best efforts to provide thenecessary resolutions and environmental documentation (filed Notice of Exemption) toLAFCo as required to complete the annexation of the Properties, including the Certificateof Completion prior to December 3L,2023.B. Applicant Oblisations. TheApplicant shall be responsible for the following obligations:L. All applicable City application fees for the annexation, public notice, and CountyClerkfiling or recordation, and applicable reimbursable expenses for preparationof the Pre-Annexation Agreement; and2. Payment for the Detachment of the Properties from the Suisun Fire ProtectionDistrict or the Cordelia Fire Protection District, as applicable, for the Propertiesand for "Blessed Baptist Church" in an amount calculated by LAFCo based uponthe loss of expected assessment payments over a 20-year period with a 2To annualincremental increase, the amount currently estimated at$46,469.42; and4Packet Page 669 of 742Attachment 4 Page 7 of 32

EXHIBIT A3. The preparation of all LAFCo application materials, including recordation and filingfees, or any related studies as may be required by LAFCo. Preparation of anEnvironmental lmpact Report, lnitial Study, Mitigated Negative Declaration, orupdated Municipalservices Review will require future coordination with the Cityand shall not be mandated by this Agreement; andC. lncorooration of Recitals. The "Recitals" in thisAgreement are material and areincorporated by reference as though fully set forth herein. Each recital of fact withregard to the parties will be conclusive between them and such facts will beincontestable in the event of any dispute between them with regard to such facts. Noparty will introduce any evidence in a court or administrative proceeding which would inany way serve to dispute any recited fact.D. Propertv Zoning. TheApplicant acknowledges and agrees that this Agreement shall notlimit City's authority to exercise the full range of its legislative and police powers withrespect to development and use of the Properties in a manner consistent with thisAgreement. Notwithstanding such authority, and provided the Applicant complies withthe requirements of this Agreement, City agrees that the Properties shall continue to bedesignated under the Fairfield General Plan land use map for Residential Low-MediumDensity(RLM) and Limited lndustrial (lL) uses, assetforth in Chapter 25 of the FairfieldMunicipal Code, during the term of this Agreement. lf the ongoing land uses at theProperties are not consistent with the pre-zoning designations, the uses shall bepermitted as a legal nonconforming use in a manner consistent with Chapter 25 of theFairfield Municipal Code. Except as expressly set forth herein, neither this paragraph norany portion of this Agreement shall be construed to protect the Property againstchanges in City policies, rules, regulations or conditions of development, including butnot limited to permitted uses within the indicated zone or development impact fees,which would otherwise be applicable to the Properties.E. Term. The term of this Agreement shall become effective when fully executed by theparties hereto (the "Effective Date") and continue for a period of ten (L0) years. ThisAgreement shall automatically terminate if either (a) the annexation proceedings areterminated for any reason; or (b) the completion of the annexation (recordation of aCertificate of Completion) does not occur on or before two (2) years from the EffectiveDate, which two (2) year period shall be extended in the event of an "Excusable Delay,"as such events are contemplated by Section Qof this Agreement. Notwithstanding theforgoing, Applicant or its successors shall have the right, upon ten (10) day's priorwritten notice to City, to terminate this Agreement prior to LAFCo's issuance of aCertificate of Completion of the annexation (and the running of all applicable statutesof limitations related thereto) if it determines in its sole discretion that it is in its bestinterest to do so, and, in such event, City agrees to withdraw the Resolution thenpending before LAFCo.5Packet Page 670 of 742Attachment 4 Page 8 of 32

EXHIBIT AFAmendmor Cancellation ofreement. ThisAgreement may be amended orcanceled in whole or in part only by written consent of the Parties inthe mannerprovided for in Government Code Section 65868. This provision shall not limit anyremedy of the City or the Applicant as provided by this Agreement.G. Termination of Development Agreement. ln addition to the amendment orcancellation of this Agreement pursuant to Section F of this Agreement shall bedeemed terminated and of no further effect with respect to the Property upon theoccurrence of any of the following events:L Expiration of the term of this Agreement as set forth in Section E.2. Termination due to Applicant Default in accordance with Section H below.3. Entry of a finaljudgment setting aside, voiding or annulling the adoption of theordinance approving this Agreement.4. The adoption of a referendum measure repealingthe ordinance approving thisAgreement.HuRemediEnforcemeln the event of breach or default of any term,condition, covenant or obligation of this Agreement by either party, the other party mayexercise any rights available at law or in equity, including an action for specificperformance, damages, or other injunctive relief, and all such remedies shall becumulative. This Agreement shall be enforceable, unless lav'rfully terminated or cancelled,by any party to the Agreement or any party's successor in interest, notwithstanding anysubsequent changes in any applicable law adopted by the City which alters or amends thelaws, ordinances, resolutions, rules or policies frozen by this Agreement.Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by thisAgreement. This Agreement shall be binding upon and shall inure to the benefit of theheirs, transferees, successors and assigns of the parties hereto. The terms and conditionsstated herein shall constitute covenants running with the land.JAssignment. Neither party shall assign, delegate or transfer their rights and duties in thisAgf""r"nt without the written consent of the other party (which consent shall not beunreasonably withheld).KAuthorizedSisnatorv. The individuals executing this Agreement, by their signaturehereto, declarethat they are authorized to, and have the legaI power, right and actualauthority to bind the party to the terms and conditions of this Agreement.Entire Agreement. This Agreement represents the entire agreement between the City andApplicant as to its subject matter and no prior oral or written understanding shall be ofany force or affect. The parties intend this paragraph to be a conclusive recital of fact6L.Packet Page 671 of 742Attachment 4 Page 9 of 32

EXHIBIT Apursuant to Section 622 of the California Evidence Code. This Agreement is intended tobe a final expression of the agreement of the parties and is an integrated agreementwithin the meaning of Section 1856 of the California Code of Civil Procedure. ThisAgreement was jointly drafted by the parties.M. Headings. Section headings are provided for organizational purposes only and do not inany manner affect the scope, meaning, or intent of the provisions under the heading.N. No Third-Partv Beneficiaries lntended. Except as provided herein, the parties of thisAgreementdo not intend to provide anyother partywith any benefit or enforceable legalor equitable right or remedY.O. Conflict WiLaws or Resulatirabilitv. ThisAgreement is subject to all applicablelaws and regulations. lf any provision(s) of this Agreement is found by any court or otherlegal authority, or is agreed by the parties, to be in conflict with any code or regulationgoverning this subject, the conflicting provision(s) shall be considered null and void. lf theeffect of nullifying any conflicting provision is such that a material benefit of theAgreement to either party is lost, the Agreement may be terminated at the option of theeffected party. ln all other cases, the remainder of the Agreement shall continue in fullforce and effect.PNo Asencv.Joint Venture or Partnershio. lt is understood that thisAgreement isa contractthat has been negotiated and voluntarily entered into by City and Applicant and thatApplicant is not an agent of City. City and Applicant hereby renounce the existence of anyform of joint venture or partnership between them and agree that nothing containedherein or in any document executed in connection therewith shall be construed as makingCity and Applicant joint venturers or partners'a.Excusable Davs: Extension of Time ofPerformance. ln the event of delays due to strikes,inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-partylitigation or other legal challenges regarding the annexation, riots, floods, earthquakes,epidemic, quarantine, freight embargoes, failure of contractors to perform, or othercircumstances beyond the reasonable control of the partiesand which cause substantiallyinterferes with the ability of either party to perform its obligations under this Ag reement,then the time for performance of any such obligation shall be extended for such periodof time as the cause of such delay shall exist but in any event not longer than for suchperiod of time.R. Further Assurances. Theparties will execute and deliver, upon demand by the otherparty, such further documents, instruments and conveyances, and shalltake suchfurtheractions as such other party may request from time to time to document the transactionsset forth herein.7Packet Page 672 of 742Attachment 4 Page 10 of 32

EXHIBIT AS. lndemnation-e Applicant, and their successors in interest, shall indemnify, defendThand hold harmless the City, its officials, officers, agents and employees (collectively"lndemnitees") from and against any and all claims, actions, lawsuits, damages, lossesand liabilities arising or resulting from the Agreement. This indemnification obligationshall include, but not be limited to, paying all fees and costs incurred by legal counsel ofthe City's choice in representing the lndemnitees in connection with any such claims,actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts,court costs or attorneys'fees in any such claim, action or lawsuit. The City shall promptlynotify Applicant and property owners of any claim, action, or proceeding and the Cityshall reasonably cooperate in the defense. ln the event such a legal action is filed, theCity shall estimate its expenses for litigation. Applicant or property owners shall depositsuch amount with the City or enter into an agreement with the City to pay suchexpenses as they become due. Applicant and property owners shall reimburse the City,and each of the lndemnitees for any and all legal expenses and costs incurred by it inenforcing the indemnity herein provided.T. Applicable Law. This Agreement will be construed and enforced pursuant to Californialaw.U. Choice of Law - Venue. This Agreement shall be governed by the laws of the State ofCalifornia and any questions arising hereunder shall be construed or determinedaccording to such law. This Agreement was executed in Solano County, California, andvenue for any legal action arising from or in connection with this Agreement or theProperty shall be brought in the Solano County Superior Court.[Continued on next page]8Packet Page 673 of 742Attachment 4 Page 11 of 32

EXHIBIT AV. Notices. As used in this Agreement, "notice" includes, but is not limited to, thecommunication of notice, request, demand, approval, statement, report, acceptance,consent, waiver, appointment or other communication required or permittedhereunder.Written notices, demands and communications between City and Owner shall besufficiently given by personal service or dispatched by first class mail, postage prepaid,return receipt requested, to the addresses set forth above. Such written notices,demands and communications may be sent in the same manner to such otheraddresses as either party mayfrom time to time designate by mail as provided in thisSection. Notwithstanding anything to the contrarycontained herein, notice personallyserved shall be presumed to have been received as of the date of such service, andnotices sent via mail as provided herein shall be presumed to have been received onthe third business day after deposit of same in the mail. All notices shall be addressedas follows:lf to the City:Director, Community DeveloPmentCity of FairfieldL000 Webster StreetFairfield, California 94533-4883with a copy to:City AttorneyCity of FairfieldL000 Webster StreetFairfield, California 94533-4883lf to the Applicant:David B. SansonMeadow Creek Group LLC1500 Willow Pass CourtConcord, CA.94520with a copy to:Dana Tsubota1500 Willow Passt CourtConcord, CA 94520And toTrent SansonDeNova Homes, lnc.1500 Willow Pass CourtConcord, CA94520Either party may, by notice given at any time, require subsequent notices to be givento another person or entity, whether a partyor an officer or representative of a party,or to a different address, or both. Notices given before actual receipt of notice ofchange shall not be invalidated by the change.9Packet Page 674 of 742Attachment 4 Page 12 of 32

EXHIBIT AlN WITNESS WHEREOF, Applicant and City have caused this Agreement to be executed andsealed, as of the day and year first written above'APPLICANTBy:Date:Name:ByTitle:Name:TitleCITY OF FAIRFIELD, a municipal corporationName:Title:Attest:NameTitle:APPROVED AS TO FORM:Name:Title: City AttorneyDateDateDate:ByByBy10Packet Page 675 of 742Attachment 4 Page 13 of 32

EXHIBIT BPTANNINGMMTSS|ONCONDITIONS OF APPROVALProject Name: Fairfield Phase 2 Bundle AnnexationAddress: 228 Lopes Rd. (APN: 0180-110-120)229I Woolner Ave. (APN: OO28-L82-020)2287 Woolner Ave. (APN: 0028-182-150)335 Hamilton Dr. (APN: 0028-L9L-0L0)339 Hamilton Dr. (APN: 0028-19L-020)401 Hamilton Dr. (APN: 0028-19L-040)Hearing Date: June 28,2023Fi le N o. : ANX2023-001, PANX2023-00I, ER2023-02 1Annexation approval has been granted subject to compliance with the following conditions which mustbe satisfied prior to issuance of building permits, unless noted otherwise:1.0 SPECIAL CONDITIONSL.L Annexation approval does not grant any development entitlements. Any future improvementsto the annexed properties will be subject to the appropriate pre-zoning designation regulationsand require review and approvalof the Community Development Department.L.2 Comply with the conditions of the Public Works Department:a) The Public Works Department does not require parcels to receive City of Fairfield water andsewer services as a condition to annex into the City. lnstead, the owners of the parcels shallcontact Public Works Department - Engineering when they wish to receive municipal utilityservices (such as water and sewer) for their respective parcel(s).i) At that time, the property owners shall pay all municipal encroachment permitfees and utility costs, such as water meter fees, water and sewer connection costs,and service charges to the City. Please note that the City does not provideconstruction services, and the property owners shall solicit qualified and licensedcontractors to install all necessary improvements.ii) The property owner requesting utility services shall construct all public utility mainimprovements to extend the existing public utility infrastructure, if such utilitymain is not available along the project frontage, to the parcel requesting service.All associated costs shall be borne bythe property owner(s).2.O APPROVALTIME UMITS/REVOCATION2.L Approvalof this application shallexpire two (2)years from the approvaldate or run concurrentlyPage 1Packet Page 676 of 742Attachment 4 Page 14 of 32

2.23.L3.0EXHIBIT Bwith the term of the Pre-Annexation Agreement (PANX2O23-OO1). A time extension may begranted if the applicant submits a written request to the Community Development Departmentprior to the expiration of the application.This approval shall not be valid unless and until the following additional approval(s) are granted:a) City CouncilApproval of Annexation (ANX2023-0OL), Pre-Annexation Agreement (PANX2023-00L), and Environmental Review (ER2023-021);b) Solano County Local Agency Formation Commission (LAFCo) approved and completedannexation into the City of Fairfield.GENERAL REQUIREMENTSExcept as may be modified by the conditions contained herein and approved by the PlanningDivision pursuant to Section 3.2 and shall proceed in accordance with the Fairfield City Code. TheFairfield Phase 2 Bundle Annexation shall proceed pursuant to Exhibit A "Solano LAFCo ProjectNo. 2023-05 Fairfield lslands Annexation-Phase 2," consisting of pages l through 5, prepared onJune2,2023, under the direction of County Surveyor; and Exhibit B preliminary plats consistingof 5 sheets, prepared by "cbg Civil Engineers". Said exhibits shall be executed by Solano CountyLocalAgency Formation Commission Executive Officer upon LAFCo's Commission approval.Approval of this project shall not waive compliance with all sections of the Fairfield City Code(Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.The Applicant, and property owner(s), and their successors in interest, shall indemnify, defendand hold harmless the City, its officials, officers, agents and employees (collectively"lndemnitees") from and against any and all claims, actions, lawsuits, damages, losses andliabilities arising or resulting from the granting of this approval by the City or the exercise of therights granted by this approval. This indemnification obligation shall include, but not be limitedto, paying all fees and costs incurred by legal counsel of the City's choice in representing thelndemnitees in connection with any such claims, actions or lawsuits, any expert fees, and anyaward of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, actionor lawsuit. The City shall promptly notify Applicant and property owners of any claim, action, orproceeding and the City shall reasonably cooperate in the defense. ln the event such a legalaction is filed, the City shall estimate its expenses for litigation. Applicant or property ownersshall deposit such amount with the City or enter into an agreement with the City to pay suchexpenses as they become due. Applicant and property owners shall reimburse the City, and eachof the lndemnitees for any and all legal expenses and costs incurred by it in enforcing theindemnity herein provided.3.23.3Page 2Packet Page 677 of 742Attachment 4 Page 15 of 32

ATTACHMENT 1LAFCO 2023-05Page 1 of5Exhibit ASOLANO LAFCO PROJECT NO.2023-05FAIRFIELD ISLANDS ANNEXATION - PHASE 2ANNEXATION TO CITY OF FAIRFIELDGEOGRAPHIC DESCRIPTIONAll that certain real property, situate in the unincorporated territory of the County ofSolano, State of California, and being portions of Suisun Rancho and a portion of theNorth Half of Section 12, Township 4 North, Range 3 West, M'D.B.& M'Description consists of 5 pagesExhibit consists of 5 pagesW:@toftheLAFcoAnnexationNo.2023-05boundaryisnotalegal property description as defined in the Subdivision Map Act and may not be used asa Uasis for an offer for sale of the land described. lt is for assessment purposes onlv'Prepared on June 2,2023, by or under the direction of:Mark H. Wehber, LS 7960:erequirementsoftheStateBoardofEqualization,the Solano County Assessor/Recorder's Office and conforms to the lines of assessment.Dated2023Danielle L. Goshert, PLS 8494Deputy Solano County SurveyorAPPROVED BY LOCAL AGENCY FORMATION COMMISSION:Dated: ,2023Richard J. Seithel, Executive OfficerSolano LAFCOPRELIMINARYPacket Page 678 of 742Attachment 4 Page 16 of 32

LAFCO 2023-05Page 2 of 5Exhibit ASOLANO LAFCO PROJECT NO.2023.05FAIRFIELD ISLANDS ANNEXATION - PHASE 2ANNEXATION TO CITY OF FAIRFIELDGEOGRAPH IC DESCRIPTIONAREA 1All that certain real property, situate in the unincorporated territory of the County ofSolano, State of California, and being a portion of the North Half of Section 12, Township4 North, Range 3 West, M.D.B.& M., described as follows:Beginning at a point on the existing city limit line of the City of Fairfield, said Point ofBeginning being on the northeast corner of the 6th Annexation District of 1977 byOrdinance #77-22, said Point of Beginning lying on the western line of Lopes Road(County Road No. 87) being North 18"15'20" West 1 27 .80 feet, more or less, from theintersection of the center lines of Lopes Road (County Road No. 87) and West CordeliaRoad (County Road No. 252);Thence, ( 1 )from said point of beginning, along said existing City limit line, alongthe northern line of said Ordinance #77-22, the following two (2)courses: South 76'42'15" West 50.00 feet, andThence, ( 2 )North 71"35'57" West 107.86 feet to a point on the boundary line of the6th Annexation District of 1971by Ordinance#71-46;Thence, ( 3 )leaving said northern line of Ordinance#77-22, along said boundaryline of Ordinance #71-46, the following three (3) courses: North00'01'00" West 50.63 feet,Thence, ( 4 )Thence, ( 5 )North 89"59'00" East 151.00 feet, andSouth OO"O1'00" East 73.22 feet to said Point of BeginningContaining 0.25 acres of land more or lessFor assessment purposes only. This description of land is not a legal propertydescription as defined in the Subdivision Map Act and may not be used as the basis foran offer of sale of the land described.END OF DESCRIPTIONPacket Page 679 of 742Attachment 4 Page 17 of 32

Exhibit ASOLANO LAFCO PROJECT NO. 2023-05FAIRFIELD ISLANDS ANNEXATION - PHASE 2ANNEXATION TO CITY OF FAIRFIELDGEOGRAPH IC DESCRI PTIONAREA 2All that certain real property, situate in the unincorporated territory of the County ofSolano, State of California, and being a portion of Suisun Rancho, described as followsBeginning at a point on the existing city limit line of the City of Fairfield, said Point ofBeginning being the southwest corner of the 1sr Annexation District of 1972 byOrdinance #72-29, said Point of Beginning being South 12"13'03" West 777.96 feet,more or less, from the intersection of the center lines of Hamilton Drive and WoolnerAvenue;Thence, ( 6 )from said point of beginning, along the southern line of said Ordinance#72-29, South 89.32'30" East 140.05 to the southeast corner of saidOrdinance #72-29, being a point on the western line of the 3rdAnnexation District ol 1977 by Resoluti on #77 -34;Thence, ( 7 )from said southeast corner, along said western line of Resolution #77-34, South 00"02'10" East 121.60 feet to a point on the northern line ofthe 4th Annexation District of 1975 by Ordinance#75-19;LAFCO 2023-05Page 3 of 5leaving said western line of Resolution #77-34, along said northern lineof Ordinance #75-19, North 89"32'30" West 145.05 feet to a point onthe eastern line of the 3rd Annexation District of 1969 by Resolution#69-8;leaving said northern line of Ordinance#75-19, along said eastern lineof Resblution #69-8, the following two (2) courses: North 00"02'10"West 121.60 feet, andSouth 89"32'30" East 5.00 to said Point of Beginning.Thence, ( 8 )Thence, ( 9 )Thence, ( 10 )Containing 0.40 acres of land more or less.For assessment purposes only. This description of land is not a legal propertydescription as defined in the Subdivision Map Act and may not be used as the basis foran offer of sale of the land described.Packet Page 680 of 742Attachment 4 Page 18 of 32

LAFCO 2023-05Page 4 of 5Exhibit ASOLANO LAFCO PROJECT NO.2023-05FAIRFIELD ISLANDS ANNEXATION - PHASE 2ANNEXATION TO CITY OF FAIRFIELDGEOGRAPH IC DESCRI PTIONEND OF DESCRIPTIONAREA 3All that certain real property, situate in the unincorporated territory of the County ofSolano, State of California, and being a portion of Suisun Rancho, described as follows:Beginning at a point on the existing city limit line of the City of Fairfield, said Point ofBeginning being the southwest corner of the 1st Annexation District of 1971 byOrdinance #71-77, said Point of Beginning being South 15'54'39' West 600'97 feet,more or less, from the intersection of the center lines of Hamilton Drive and WoolnerAvenue;Thence, ( 11 )Thence, ( 12 )from said point of beginning, along the southern line of said Ordinance#71-77, South 89o32'30" East 145.05 to a point on the western line ofthe 3rd Annexation District of 1977 by Resolution#77-34;along said western line of Resolution #77-34, South 00'02'10" East121 .60 feet to the northeast corner of the 1sr Annexation District of1 97 2 by Ord inance #7 2-29;from said northeast corner, along the northern line of said Ordinance#72-29, North 89"32'30" West 145.05 feet to the northwest corner ofsaid Ordinance#72-29, said point being a point on the eastern line ofthe 3rd Annexation District of 1969 by Resolution #69-8;Thence, ( 13 )Thence, ( 14 )from said northwest corner, along said eastern line of Ordinance#69-8, North 00'02'10" West 121.60 feet to said Point of BeginningContaining 0.39 acres of land more or lessFor assessment purposes only. This description of land is not a legal propertydescription as defined in the Subdivision Map Act and may not be used as the basis foran offer of sale of the land described.END OF DESCRIPTIONPacket Page 681 of 742Attachment 4 Page 19 of 32

LAFCO 2023-05Page 5 of 5Exhibit ASOLANO LAFCO PROJECT NO. 2023-05FAIRFIELD ISLANDS ANNEXATION - PHASE 2ANNEXATION TO CITY OF FAIRFIELDGEOGRAPH IC DESCRI PTIONAREA 4All that certain real property, situate in the unincorporated territory of the County ofSolano, State of California, and being a portion of Suisun Rancho, described as follows:Beginning at a point on the existing city limit line of the City of Fairfield, said Point ofBeginning being on the eastern line of the 1sr Annexation District of 1972 by Ordinance#72-29, said Point of Beginning lying on the southern line of Woolner Avenue (50 feetwide), being South 73"53'59" East 91.39 feet, more or less, from the intersection of thecenter lines of Hamilton Drive and Woolner Avenue;Thence, ( 15 )from said point of beginning, along the southern line of said W<iolnerAvenue (50 feet wide), South 89"46'30" East 112.32fee|to a point onthe boundary line of the _ Annexation District of _ by Resolution#_;leaving said southern line of Woolner Avenue (50 feet wide), alongsaid boundary line of said Resolution #-, South 00'6'30" East320.17 feet to a point on said eastern line of said Ordinance #72-29;leaving said boundary line of Resolution #-, along said eastern lineof said Ordinance #72-29, the following four (4) courses: North89'52'10" West 60.00 feet,Thence, ( 16 )Thence, ( 17 )Thence, ( 18 )Thence, ( 19 )Thence, ( 20 )North 00"04'08" West 170.27 feet,North 89"46'30" West 52.79 feet, andNorth 00"01'30" East 150.00 feet to said Point of BeginningContaining 0.62 acres of land more or less.For assessment purposes only. This description of land is not a legal propertydescription as defined in the Subdivision Map Act and may not be used as the basis foran offer of sale of the land described.END OF DESCRIPTIONPacket Page 682 of 742Attachment 4 Page 20 of 32

ATTACHMENT 1
cbg sAN RAMON (925) 866-0322
ROSEVTLLE (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS . SURVEYORS . PLANNERS

EXHIBIT B
SOLANO LAFCO PROJECT NO,2023.05
FAIRFIELD ISLANDS ANNEXATION. PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2,2023
ROhD
r+
agg
c)
ot
U)r!o-oJ

AUTO PLAZA COURT
srr +rrrr z
AREA 1
AVENUE
AREA 4
SEE SHEET 5

SUNHAVEN
AREA 3
SEE SHTTT 4
lll
tooFo
at>
ulo
U
E.ooz.
tt
uJa
iELrfieP?NA4$

VICINITY MAP

NOT TO SCALE

VICINITY MAP

NOT TO SCALE
SITEET I OF 5
JOB F :\2660{00!qCAD\SURVEnPLATS\PLAT{7 ANNEx.DWG
Packet Page 683 of 742Attachment 4 Page 21 of 32

cbg sAN FIAMON (925) 866-0322
ROSEVTLLE (916)788-4456
VVVV\''r'.CBANDG.COM
CIVIL ENGINEERS . SURVEYORS . PLANNERS

EXHIBIT B
SOLANO LAFCO PROJECT N0.2023.05
FAIRFIELD ISLANDS ANNEXATION . PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2,2023
6TH ANNEXATION DISTRICT OF 1971
ORD# 71-46
01 B0-1 1 0-1 70
40'40'
I
6)
I
60'0'
0180-110-180
.1
N0
120'
FTET

LINE TABLT
LENGTH

50.00'
107.86'

50.63'
151.00'

73.22'

BEARING
s76'42'15"W
N71'35'57"W
N00'01'00"w
NB9'59'00"E
s00"01'00"E
NO
1 2
aJ
4 5
LEGEND
- - - = EXISTING CITY LIMIT LlNt
= PROP0SID ANNIXATI0N
= CENTER LINE
POB = P0INT 0F BIGINNING
BE|NG A PORT|ON 0F THt NORTH 1/2 0F SECTION
12, TOWNSHIP 4 NORTH, RANGT 3 WEST, M.D.B.& M.
cONTAtNtNG 0.25 ACRES, MORE 0R L[SS. st_mET2oF5
l'--
oO
<z-O^tr?
,^O
Yli tL.O-r=
=o(-)
r co-
\ ct-
\.o-,r4
\N)
\'-l
\'cP\O.

RONDN
IOJO.
(/lO.t PREt-IMINARY
0r
AREA 1
0180-110-120
6TH ANNEXATION DISTRICT OF 1917
01 B0-1 1 0-1 J0
CIrY 0r
-1a.
]RD/- 77-22
01 B0-1 1 0-1 40
NO. 2660{00 T{TANNEX.DWG
Packet Page 684 of 742Attachment 4 Page 22 of 32

cbg sAN RAMON (925) 866-0322
ROSEVTLLE (916)788-4456
\A,/\A'W.CBANDG.COM
CIVIL ENGINEERS . SURVEYORS . PLANNERS

EXHIBIT B
SOLANO LAFCO PROJECT NO.2023.05
FAIRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2,2023

PRELIMINARY

COUNTY OF SOLANO
AREA 2
0028-1 91 -040

WOOLNER AVENUE
0028- 1 91 -320 fl.96--_t\N I f?
s\zi-oj-t:---
0028- 1 91 -030
4TH ANNEXATION
DISTRICT OF 1976
RES #76-175
POB
40'BO,
FEET

LINT TABLE
TENGTH
140.05'
121.60'
145.05'
121.60'

5.00'

BEARING
s89'32'J0"E
s00'02'10"E
N89'32'30"W
N00'02'10"w
s89"32'30"E
NO
6 1
B
9 10
LEGEND
- - - = IXISTING CITY LIMIT LINE
= PROPOSED ANNEXATION
= CENTER LINEPOB = POINT 0F BIGINNING

BEING A PORTION OF SUISUN RANCHO
CONTAINING O.40 ACRES, MORE OR LESS.

SHEET 3 OF 5
0'
OM)
I<-co
F'
I@c!O
t!
E.o
z.OF__l
I
O)(oo)
t!O
t?oa@ oai +o(o @
-+?On ec
=tr tsXO
Oir)
I$@r.)
I@a!OO
Ir--l'--
;
F(-)r$6r: l--UI\
Z+aaFr!<ExLrlzz.
oEF.)
t!z.
oE.Fa I

CITY OF FAIRFIELD
4TH ANNEXATION DISTRICT OF 1975
ORD# 7s-19
0028-1 91 -1 60
F:U66G00OACAD\SU RVE\IPLATS\PLAT{7 ANNEX.DWG
Packet Page 685 of 742Attachment 4 Page 23 of 32

sAN RAMON (925) 466-0322
ROSEVILLE (916)788-4456
WVVW.CBANDG.COMcbg
CIVIL ENGINEERS . SURVEYORS . PLANNERS

EXHIBIT B
SOLANO LAFCO PROJECT NO.2023-05
FAIRFIELD ISLANDS ANNEXATION . PHASE 2

ANNEXATION TO CIW OF FAIRFIELD

SOLANO COUNTY, CALI FORNIA
JUNE 2,2023

WOOLNER AVENUT
I
+
l
40'0'
,1ST ANNEXATION DISTRICT OF 1971
]RD/' 71-17
>\
,.d'\N----- 0028-181-J00c:b\::-{''
60u., ctTY 0F FAIRF|ELD
FIET

LINE TABLE
LENGTH
140.05'
121.60'
140.05'
121.60'

BEARING
s89"32'30"E
s00"02'10"t
N89'32'30"W
N00'02'10"w
NO
11 12
1J
14 B0'
= EXISTING CITY LIMIT LINE
= PROPOSED ANNEXATION
= CENTER LINE
= POINT 0F BEGINNING
SI-IEET 4 OF 5
III
0028-1 91 -31
3RD ANNEXATION
DISTRICT OF 1969
RES# 69-8
0028-1 91 -J
l--l--3
t!O
FOo.S
(./) l:F\Ol\
Z+t) (roFr!<Ext!zz.
oE.F.)
ul
Eo
z.OF
-J
-
LEGEND
POB

BIING A PORTION OF SUISUN RANCHO
CONTAINING 0.39 ACRIS, MORE OR LESS
CITY 0F FAIRFIELD 0028-191-030
4TH ANNEXATION DISTRICT OF 1976
RES #76-175
0028-1 91 -01 0
5' RIGHT OF WAY EASEMENT
0028-1 91 - 020
5, RIGHT OF WAY EASEMENT

COUNTY OF SOLANO

COUNTY OF SOLANO
PtR 802 0R 461
AREA 3
PER 802 0R 455

PRELIVIINARY
2660{00 F U66O.OOO\ACAD\SURVE\IPLATS\PLAT{7 ANNEX.DWG
Packet Page 686 of 742Attachment 4 Page 24 of 32

sAN RAMON (925) 466-0322
ROSEVTLLE (916)7884456
\A/IA'W.CBANDG-COMcbg
CIVIL ENGINEERS . SURVEYORS . PLANNERS

EXHIBIT B
SOLANO LAFCO PROJECT NO.2023.05
FATRFIELD ISLANDS ANNEXATION - PHASE 2

ANNEXATION TO CITY OF FAIRFIELD

SOLANO COUNTY, CALIFORNIA
JUNE 2,2023
Rrs#cltc,?
0028-1 82-31 0 0028-1 82-320 0028-1 82-230
0028-1 82-1 30
1ST ANNEXATION DISTRICT OF 1
]RD# 72-29
0028-1 B2-
0028-182-240
0028-182-120
2 SHEET 5 OF 5
't5
t!=z.L!
E.L!z.
--JOO
=
c\.c\.c\.c\.+a
LLIE.

IJ
0028-1 82-290

CITY OF FAIRFIELD
Oc\c\
I(\
@
Icoc\O
-
O+
IC\@
Too(\
OO
POB
brb/
o)/
^Lu t
o)/
-(r)/
A\- /c4t
0028- 1 82- 01 0
I
LEGEND
- - - = EXISTING CITY LIN/IT LINE
= PROPOSED ANNTXATION
= CENTIR LINE
POB = POINT 0F BEGINNING

BIING A PORTION OF SUISUN RANCHO
CONTAINING 0.62 ACRES, MORE OR LESS.
,/ 1ST ANNEXATION DISTRICT OF 1971
I )RD/- 71-17

HAMILTON DRIVE
PII"ELIMINARY
AREA 40028-'l82-150
80'0'40'
FEET
0028-1 82-020

COUNTY OF SOLANO LINE TABLE
LENGTH
112.32'
320.11'

60.00'
170.27'

52.19'
150.00'

BEARING
s89"46'30"E
s00'06'30"E
N89'52'10"W
N00'04'08"!v
NB9'46'30"W
N00'01'30"E
NO
15 16
17 1B
19 20
N0.2660{00 F :U660-000\ACAD\SURVE\IPLATS\PLAT-o7 ANNEX.DWG Packet Page 687 of 742Attachment 4 Page 25 of 32

S T A F F R E P O R T
M e e tin g
D ate :

T o :

Fro m :

Su b je ct:

Ju n e 28 , 20 23
C h a irp e rso n an d M e m b e rs o f th e Plann in g C om m ission C o m m u n ity D e v e lo p m e nt D e p a rt m e nt
IT E M B : FA IR FIEL D PH A SE 2 B U N D LE A N N EXA T IO N R e so lu tio n N o . PC 2 0 2 3 - 0 8
A n n e xatio n (A N X 2 0 2 3 -0 0 1 )
P re-A n n e xatio n A g re e m e n t (P A N X 202 3-0 01 ) En v iro n m e n tal Re vie w (ER 2 02 3 -0 2 1 )
A p p lican t: Ke rri W att o n be h a lf of M e ad ow C ree k G ro u p, LLC Lo catio n s/O w n e rs:

A p u b lic he a rin g o n th e requ e st by Ke rri W att o n be h alf of M e ad ow C ree k G ro u p , LLC, to co n sid er an n e xin g six parce ls, to talin g ±1.6 4 -acres, in variou s un in co rp o rate d are a s of Sola n o C ou n ty in to th e C ity of Fa irfie ld in vo lving th e fo llo w in g p ro p e rt ie s:

A P N 'S A D D R ESS O W N E R A C R E S
0 1 8 0 -1 1 0 -1 2 0 2 2 8 Lo p es R d . M ic hae l an d B everly G a rto n .2 4 0 0 2 8 -1 8 2 -0 2 0 2 2 9 1 W o o ln e r A ve. Ju an G utie rrez .18 0 0 2 8 -1 8 2 -1 5 0 2 2 8 7 W o o ln e r A ve. Jan ic e R o b in s .4 4 0 0 2 8 -1 9 1 -0 1 0 3 3 5 H a m ilto n D r. G ilb e rto & Jo sefi n a R o d rig ue z .19 0 0 2 8 -1 9 1 -0 2 0 3 3 9 H a m ilto n D r. E lib e rto L. B araja s .1 9 0 0 2 8 -1 9 1 -0 4 0 4 0 1 H a m ilto n D r. C a ro l J. D ark .4 0 T ota l 1.6 4
T h e p ro je ct has be e n de e m e d C ateg o rically Exe m p t un d e r C EQA pe r Se ctio n 15 3 1 9 . A n n e xatio n s o f Existin g Facilitie s an d Lo ts fo r Exe m p t Faci litie s. (Plan ne r:

T e n d a i M tu n g a, 70 7 -4 2 8 -7 4 4 6 , tm tu n g a@ fa irfie ld.ca.go v) C ity of F airfield
C om m un ity D evelop m en t Dep artm ent
Prepared by: -1fl/
Reviewed by: .,Ll__::S
Packet Page 688 of 742Attachment 4 Page 26 of 32

S IT E IN FO R M A T IO N
A. Locations: T h e an n e xatio n pro p o sa l co nsists of six parce ls thro ug h out the C ity of Fairfi e ld . 1) A PN : 0 18 0 -1 1 0 -1 2 0 is locate d w est of In terstate 68 0 , an d w est of Lo pes R o ad at 22 8 Lo p e s Ro ad on the no rth sid e of W . C ord e lia Ro ad in Sol a no C o u n ty . T h is pro p e rty is de ve lo pe d w ith a sin g le -fa m ily re sid e nce an d is th e on ly pro p e rty w ith an in d u stria l pre -zo n in g design atio n am ong the six pro p e rtie s that are pro p osed fo r an ne xatio n und e r the Fairfi eld Phase 2 Bu n d le A n n e x a tio n .
2) A P N : 00 2 8 -1 8 2 -0 2 0 is locate d east of Ha m ilto n D rive so uth of W o oln e r A ve n u e at 22 9 1 W o o l ne r A ve n u e an d is an occu p ie d sin g le -fa m i I y re sid e n tia l pro p e rty in So la no C ounty.
3) A P N : 00 2 8 -1 8 2 -1 5 0 is lo ca te d east of H a m ilto n an d so uth of W o o ln er at 22 8 7 W o o ln e r Ave n u e an d is an occu p ie d sing le -fa m ily re sid e n tial pro p e rty in So la n o C o u nty.
4 ) A P N : 00 2 8 -1 9 1 -0 1 0 is locate d m id w ay betw e e n W o o l ne r A ven u e an d C a b rillo D riv e alo n g th e w est sid e of Ha m ilto n D rive at 33 5 H a m ilton Drive .

T h is is an ex istin g an d occu p ie d sin g le -fa m ily re sid e n tia l pro pe rty in Sola n o C o u n ty .
5) A P N : 00 2 8 -1 9 1 -0 2 0 is lo cate d one house so uth of 33 5 H a m ilton at 33 9 Ha m ilto n D riv e no rth of C a brillo D rive . T h is is an occu p ie d sin g le -fa m i I y re sid e n tia l pro p e rty in So la no C o u nty .
6) A P N : 00 2 8 -1 9 1 -0 4 0 is lo cate d no rth of C a brillo D rive an d so uth of W ooln e r A ve n u e an d on e ho use se p arate s it fr o m 33 9 Ha m ilton Drive alo ng th e w e st sid e of Ha m ilto n Driv e at 40 1 Ha m ilton D rive. T his is an existin g occu p ie d sin g le -fa m ily re sid e n tial pro pe rty in So la n o C o u nty.

B. Parcel(s) Size: T he su b je ct pa rce ls ra n g e in size fr o m .18 -acres to .4 4 -acres, fo r a total of ±1.6 4 -ac re s.

PC ITEM NO.: B PC DATE: 06/28/23
PC FILE NO.: ANX2023-001 and (ER2023-021) PAGE 2
HTTPS://FAIRFIELDGOV.SHAREPOINT.COM/TEAMS/THEAGENDERS/20230628/ITEM B -FAIRFIELD PHASE 2 BUNDLE ANNEXATION/1. PC STAFF REPORT.DOCX
Packet Page 689 of 742Attachment 4 Page 27 of 32

C. Zo n ing an d Land Use:

Address Pre-Zoning Designation Existing Land Use
228 Lopes Road Limited Industrial (IL) Single-family residence 2291 Woolner Avenue RLM-6 (Residential Medium Single-family residence 2287 Wool ner Avenue RLM-6 (Residential Medium Single-family residence 335 Hamilton Drive RLM-6 (Residential Medium Single-family residence 339 Hamilton Drive RLM-6 (Residential Medium Single-family residence 401 Hamilton Drive RLM-6 (Residential Medium Single-family residence

B A C K G R O U N D IN FO R M A T IO N
Annexation is the process of bringing property into the city limits. It is one of the primary means by which cities grow. Cities annex territory to provide urbanizing areas with municipal services and to exercise regulatory authority necessary to protect public health and safety. The Solano Local Agency Formation Commission (LAFCo) oversees annexation processes for all cities within Solano County.

On September 15, 2020, the City Council adopted Ordinance 2020-17, which temporarily prohibits the pre-zoning of territory located outside City boundaries until a new General Plan has been adopted. Prohibiting the City's ability to pre-zone properties establishes a nearly complete moratorium on annexations. The prohibition applies to all applications for pre-zoning not completed as of July 21, 2020, the date council requested the moratorium. The proposed annexation areas already have pre-zoning designations of RLM-6 and IL. Therefore, the subject annexation request would be allowed to proceed under Ordinance 2020-17.

In 2021 the Council adopted Resolutions No. 2021-20 and 2021-301 allowing the City to submit an Annexation Application to LAFCo on behalf of Blessed Baptist Church (Sunset Avenue) and Meadow Creek Group, LLC (Pittman Road), respectively. Additionally, in 2022 the Council adopted Resolution No. 2022-342 to authorize the City to file an Annexation Application to LAFCo on behalf of Redtail Multifamily Development, LLC (Sunset Avenue).

LAFCo has determined that there are a total of sixteen "island" parcels that are within the boundaries of the City but are not situated within the limits of the City's municipality.

Government Code section 56375.3 defines an "island" as an area of unincorporated territory that is completely surrounded, or substantially surrounded, by the city to which annexation is proposed. Surrounded by a different jurisdiction, island parcels often cause confusion for municipalities when it comes to emergency services and utility connections. The Cortese-Knox- Herzberg Act and LAFCo encourage the annexation of such islands to create a more orderly provision of public services and to make cities "whole." PC ITEM NO.: B PC DATE: 06/28/23
PC FILE NO.: ANX2023-001 and (ER2023-021) PAGE 3
HTTPS://FAIRFIELDGOV.SHAREPOINT.COM/TEAMS/THEAGENDERS/20230628/ITEM B - FAIRFIELD PHASE 2 BUNDLE ANNEXATION/1. PC STAFF REPORT.DOCX
Packet Page 690 of 742Attachment 4 Page 28 of 32

F o u r o f t h e s ix t e e n is la n d p a r c e ls a r e o w n e d b y o t h e r p u b lic a g e n c ie s a n d a r e n o t p a r t o f a n y p ro p o s a l fo r a n n e x a t io n . S ix o f t h e p a r c e ls a r e t ie d t o t h e t h r e e a n n e x a t io n re q u e s t s C o u n c il s u p p o r t e d in 2 0 2 0 a n d 2 0 2 1 . T h e re m a in in g s ix p a r c e ls a r e t h e s u b je c t p ro p e r t ie s fo r th e p r o p o s e d a n n e x a t io n . In a n e f fo r t to e li m in a t e a ll t h e p r iv a t e ly o w n e d is la n d p a r c e ls , L A F C o in p a r t n e r s h ip w it h t h e C it y a n d t h e a p p lic a n t h a s a g r e e d t o p r o c e s s a ll t h e p r o p o s e d a n n e x a t io n s a s a s in g le a p p lic a t io n in tw o p h a s e s . T h e fi r s t p h a s e in cl u d e s t h e 2 0 2 0 a n d 2 0 2 1 a n n e x a t io n r e q u e s t s . T h e s e c o n d p h a s e w o u ld in cl u d e th e r e m a in in g s ix p a r c e ls id e n t ifi e d in t h is re p o r t .

O n M a r c h 2 5 th, 2023, the City organized an informational meeting at the Fairfield Civic Library to inform the property owners of their pending annexation proposal. Formal notification for this meeting was mailed to property owners on March 8th, 2023. Only one property owner attended the meeting.

PROJECT DESCRIPTION
The Fairfield Phase 2 Bundle Annexation project entails the annexation of six parcels totaling ±1.64-acresfrom unincorporated Solano County to the City of Fairfield. All the subject properties, except for the Lopes Road parcel, have a pre-zoning designation of RLM-6. The Lopes Road property is pre-zoned IL. Should the proposed annexation be granted, the two pre-zoning designations shall remain in force as follows: 1.40 acres of the annexation area shall be consistent with RLM-6 and the remainder .24 acres shall be consistent with IL.

There are no pending proposed development proposals on any of the properties within the subject annexation area. Any future redevelopment of the properties will be governed under the regulations of the pre-zoned designations. Currently, all six properties are developed with single- family residences. The properties located off Hamilton Drive and Woolner Avenue are compliant with the pre-zoning RLM-6 designation. The existing single-family home on the Lopes Road property is not consistent with the pre-zoned IL designation, which supports industrial development. However, the home and associated improvements shall be grandfathered and permitted under the Zoning Ordinance's legal non-conforming regulations.

Future utilities to service the annexation areas may be provided by the City of Fairfield, via the extension of existing nearby water, storm drain, and sewer lines. City water mains are available to all six properties in the following capacities:
• All Hamilton addresses can access water from a 4 inch-water main along Hamilton Drive. • All Woolner addresses can access water from a 12-inch water main Hamilton Drive. • The property on Lopes Road can access water from a 16-inch water main along Lopes Road.

City Police and Fire Department services will also be made available upon annexation.

PC ITEM NO.: B PC DATE: 06/28/23
PC FILE NO.: ANX2023-001 and (ER2023-021) PAGE 4
HTTPS://FAIRFIELDGOV.SHAREPOINf.COM/TEAMS/THEAGENDERS/20230628/ITEM B - FAIRFIELD PHASE 2 BUNDLE ANNEXATION/1. PC STAFF REPORT.DOCX
Packet Page 691 of 742Attachment 4 Page 29 of 32

A N A L Y S IS F O R P L A N N IN G C O M M IS S IO N
A . G e n e ra l P la n /Z o n in g C o n siste n cy: The proposed annexation is consistent with the following General Plan Objectives:

Objective LU 4:

Achieve a rate of growth that is consistent with the provision of public facilities and services, that balances jobs and housing, and that does not result in the degradation of the natural environment.

Policy LU 4.1:

Expand the city limits only in conformance with the Comprehensive Annexation Plan.

Policy PF 1.2:

Encourage the concurrent (as opposed to piecemeal) annexation of adjacent unincorporated properties in order to facilitate the formation of the assessment districts, Mello-Roos districts, and other financial mechanisms which will provide public facilities in an efficient and effective manner.

Objective PF 12:

Provide adequate public utilities.

Objective PF 15:

Ensure adequate fire protection.

Objective PF 16:

Insure adequate police protection.

B . A n n e xatio n : As previously discussed, the applicant is requesting to annex ±1.64-acres, made up of six parcels, into the City of Fairfield. The annexation of the six parcels would eliminate County islands parcels within the City's Sphere of Influence (SOI), a process which began with the annexation request for Blessed Baptist Church, Meadow Creek Group, LLC, and Redtail Multifamily Development, LLC. The six properties will obtain the provision of City services, such as sewer and water, to serve existing and future development needs.

All six parcels are completely surrounded by other properties within the City limits and are accessible only from City-maintained streets - Lopes Road, Woolner Avenue, and Hamilton Drive. Currently, the six parcels have no direct access to County Road networks.

All six properties would be more practically provided with City services if they do not receive such services now. Annexation into the City of Fairfield also means receiving life- safety services from the Fairfield Police and Fire Departments. The Cordelia Fire District or the Suisun Fire District currently serves the six annexing properties. A detachment from these Districts is required with annexation to the city.

PC ITEM NO.: B PC DATE: 06/28/23
PC FILE NO.: ANX2023-001 and (ER2023-021) PAGE 5
HTTPS://FAIRFIELDGOV.SHAREPOINT.COM/TEAMS/THEAGENDERS/20230628/ITEM B - FAIRFIELD PHASE 2 BUNDLE ANNEXATION/1. PC STAFF REPORT.DOCX
Packet Page 692 of 742Attachment 4 Page 30 of 32

T o s u p p o r t th is re q u e s t , t h e s u b je c t p r o p e r t ie s n e e d t o b e p r e -z o n e d , p u b lic s e r v ic e s m u s t b e a v a ila b le t o t h e s it e s ; a n d t h e a n n e x a t io n m u s t b e c o n s is t e n t w it h t h e C it y 's G e n e r a l P la n a n d M u n ic ip a l S e r v ic e R e v ie w (M S R ). T h e M S R is a d o c u m e n t a p p ro v e d b y L A F C o t h a t id e n t ifi e s p la n n e d a n n e x a t io n s , a n d t h e C it y 's a b ilit y to p r o v id e s e r v ic e s to a n n e x a t io n a r e a s .

T h e p r o p o s a l m e e t s a ll r e q u ir e m e n t s fo r a n n e x a t io n . T h e p r o p o s e d a n n e x a t io n s it e s a r e w it h in t h e C it y o f F a ir fi e ld 's S O I a n d U r b a n Li m it Li n e . In a d d it io n , t h e a n n e x a t io n a r e a s h a v e R L M -6 a n d IL G e n e r a l P la n a n d p r e -zo n in g d e s ig n a t io n s . F u ll u t ilit ie s a n d s e r v ic e s a r e a v a ila b le t o s e r v e t h e a n n e x a t io n a r e a s . F in a ll y , t h e m o s t r e c e n t M S R a p p r o v e d b y L A F C o id e n t ifi e s t h e s it e s a s a n "Is la n d A n n e x a t io n s " (S e c t io n B .1.G a n d B .1.K ).

T h e p ro je c t w ill re q u ir e L A F C o a p p ro v a l o f t h e p r o p o s e d C it y a n n e x a t io n , F a ir fi e ld S u is u n S e w e r D is t r ic t a n n e x a t io n , a n d d e t a c h m e n t fr o m th e S u is u n F ir e P ro t e c t io n D is t r ic t o r t h e C o r d e lia F ir e P r o t e c t io n D is t r ic t , a s a p p lic a b le .

C. Pre-Annexation Agreement: To facilitate the Fairfield Phase 2 Bundle Annexation, a Pre- Annexation Agreement between the City and Meadow Creek Group, LLC has been drafted. The Pre-Annexation Agreement identifies the terms in which the subject properties may be annexed and outlines obligations for both the City and Meadow Creek Group, LLC.

The City agrees to be the applicant or co-applicant with Meadow Creek Group, LLC to LAFCo for the annexation proposal. Meadow Creek Group, LLC is responsible for 1) paying all applicable LAFCo filing fees, Board of Equalization fees, and Suisun Fire Protection District or Cordelia Fire Protection District detachment costs for six properties under Fairfield Phase 2 Bundle Annexation; 2) paying the Suisun Fire Protection District detachment costs for the Blessed Baptist Church; and 3) the preparation of all LAFCo application materials, including recordation and filing fees, or any related studies as may be required by LAFCo.

It should be noted that there may be additional costs for the subject properties to connect to City water and sewer services. These costs will not be incurred by Meadow Creek Group, LLC. The property owners may contact the City of Fairfield Public Works Department - Engineering when they wish to receive municipal utility services for their respective parcel(s). At that time, the property owners shall pay all municipal encroachment permit fees and utility costs (such as water meter fees, water and sewer connection costs, and service charges) to the City.

D. Environmental Review: Following a review of the project, staff has determined that it is exempt from the requirements of the California Environmental Quality Act (CEQA). Under CEQA, the State has identified a list of classes of projects, which have been determined to not have a significant effect on the environment and are therefore exempt from the requirements of CEQA, as a result. The proposed project is exempt under Class 19, which PC ITEM NO.: B PC DATE: 06/28/23
PC FILE NO.: ANX2023--001 and (ER2023--021) PAGE 6
HTTPS://FAIRFIELDGOV.SHAREPOINT.COM/TEAMS/THEAGENDERS/20230628/ITEM B - FAIRFIELD PHASE 2 BUNDLE ANNEXATION/1. PC STAFF REPORT.DOCX
Packet Page 693 of 742Attachment 4 Page 31 of 32

consists of projects characterized as "annexations" that meet the criteria described in Section 15319 (Annexation of Existing Facilities and Lots fo r Exempt Facilities).

E. Correspondence: Public hearing notice was published in the Daily Republic newspaper on June 16, 2023, and mailed to all persons who own property within 500 feet of the subject properties. The City had received no questions or comments regarding this proposal at the tim e of this writing.

RECOMMENDATION
Based on the analysis contained in this staff report, staff concludes that the Fairfield Phase 2 Bundle Annexation request is consistent with the City's General Plan and MSR, the subject sites have pre-zoning designation of RLM and IL, and City services are available. Therefore, staff recom m ends the Comm ission adopt Resolution PC2023-08 fo rwarding a recomm endation of approval to the Council fo r the annexation request.

Attachm ents:

Planning Comm ission Resolution No. PC2023-08, with attached

1. Exhibit A - Pre-Annexation Agreement

2. Exhibit B - Conditions of Approval {ANX2023-001)
Attachment 1: LAFCo Annexation Phase 2 Bundle Geographic Description PC ITEM NO.: B PC DATE: 06/28/23
PC FILE NO.: ANX2023-001 and (ER2023-021) PAGE 7
HTTPS://FAIRFIELDGOV.SHAREPOINT.COM/TEAMS/THEAGENDERS/20230628/ITEM B - FAIRFIELD PHASE 2 BUNDLE ANNEXATION/1. PC STAFF REPORT. DOCX
Packet Page 694 of 742Attachment 4 Page 32 of 32

Agenda Item No: 23.

AGENDA REPORT
DATE:July 18, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 2023­204 of the City Council of the City of Fairfield Establishing the City of Fairfield Community Facilities District No. 2023­2 (Train Station Specific Plan II) and an Appropriations Limit Therefor, Authorizing the Levy of a Special Tax Therein, and Submitting the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof; and
Resolution 2023­205 of the City Council of the City of Fairfield Calling a Special Election and Submitting to the Qualified Electors of the City of Fairfield Community Facilities District No. 2023­2 (Train Station Specific Plan II) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The conditions of development for parcels in the northeast portion of the city, known as the Train Station Specific Plan (TSSP), require them to be part of a Community Facilities District (CFD) to offset the increased costs associated with the new development for public safety services, maintenance and operation of public parks and public open space, operation and maintenance of public cemeteries, maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights pump stations, and/or the public lake.

The existing CFD 2018­1 (Train Station Specific Plan) Rate and Method of Apportionment (RMA) does not include special tax exemptions for affordable housing units or welfare exemption property. The attached resolutions will establish CFD 2023­2 (Train Station Specific Plan II), establish and submit appropriation limits to qualified electors thereof, and call for a special election regarding the appropriation limit and annual levy of special tax within CFD 2023­2. This new CFD will provide the same services as CFD 2018­1 and also provide a special tax exemption for affordable housing units and welfare exemption property in the TSSP.

Packet Page 695 of 742

Agenda Item No: 23.AGENDA REPORTDATE:July 18, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 2023­204 of the City Council of the City of Fairfield Establishing the City ofFairfield Community Facilities District No. 2023­2 (Train Station Specific Plan II) and anAppropriations Limit Therefor, Authorizing the Levy of a Special Tax Therein, andSubmitting the Establishment of an Appropriations Limit and the Levy of Special Taxesto the Qualified Electors Thereof; andResolution 2023­205 of the City Council of the City of Fairfield Calling a SpecialElection and Submitting to the Qualified Electors of the City of Fairfield CommunityFacilities District No. 2023­2 (Train Station Specific Plan II) Propositions Regarding theEstablishment of an Appropriations Limit and the Annual Levy of a Special TaxRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of development for parcels in the northeast portion of the city, known as the Train StationSpecific Plan (TSSP), require them to be part of a Community Facilities District (CFD) to offset theincreased costs associated with the new development for public safety services, maintenance andoperation of public parks and public open space, operation and maintenance of public cemeteries,maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights pumpstations, and/or the public lake.The existing CFD 2018­1 (Train Station Specific Plan) Rate and Method of Apportionment (RMA) doesnot include special tax exemptions for affordable housing units or welfare exemption property. Theattached resolutions will establish CFD 2023­2 (Train Station Specific Plan II), establish and submitappropriation limits to qualified electors thereof, and call for a special election regarding theappropriation limit and annual levy of special tax within CFD 2023­2. This new CFD will provide the same services as CFD 2018­1 and also provide a special tax exemption for affordable housing units and welfare exemption property in the TSSP.

DISCUSSION
The TSSP is a development plan and design for a new community environment in the northeast portion of the city that was approved by the council in 2011. The TSSP is divided into nine distinct planning areas (Planning Areas) and incorporates a variety of land uses, including residential, commercial, industrial, open space, and recreation zones.

To minimize the financial impact to the City, all new development in the TSSP is required to be a part of a CFD to fund the cost of public safety services, the operation and maintenance of public parks, public open space, public cemeteries, and public landscaping, and all associated administrative support in the TSSP (Services). CFD 2018­1 was established in 2018 to fund the Services through the annual collection of special taxes levied on properties in the district. The existing CFD 2018­1 boundary is located north of Vanden Road and the public lake and includes the majority of Planning Area 4 (colloquially known as Canon Station or One Lake), as shown in Attachment 1.

Since the formation of CFD 2018­1, several new developments in Planning Area 4 south and southwest of the lake have been approved for construction, including the One Lake Family Apartments, a 190­unit affordable housing project, the One56 single­family residences known as Neighborhood 8, future single­family residences known as Neighborhood 9, and commercial retail spaces (Remaining Planning Area 4 Development). Due to an administrative oversight, these developments were not annexed to CFD 2018­1 at the time they were approved for construction. The City desires to provide an exemption for affordable housing units, however, the Mello­Roos Community Facilities Act of 1982 (Act) does not authorize such modifications to an RMA without approval by two­thirds of all registered voters in the existing district, which is unlikely to be approved at this time.

In lieu of annexing these developments to CFD 2018­1, the City is forming CFD 2023­2, which will include all existing and future development in the TSSP that is not already within the CFD 2018­1 boundary, except for the One Lake Family Apartments, and the currently undeveloped Planning Area 5.

The new district will provide all Services currently being provided in CFD 2018­1. The CFD 2023­2 RMA is substantially similar to the CFD 2018­1 RMA, except the CFD 2023­2 RMA provides special tax exemptions for affordable housing units and welfare exemption property, or property that is (1) used exclusively for charitable, hospital, or religious purposes, and (2) owned or held in trust by nonprofit organizations operating for those purposes. The formation of this district is in consideration of (a) the requirement for all development in the TSSP to be a part of a CFD, (b) the City’s desire to provide a special tax exemption for the One Lake Family Apartments based on its affordable housing status, (c) the absence of a special tax exemption for affordable housing units in the CFD 2018­1 RMA, and (d) the inability to amend the CFD 2018­1 RMA without approval by two­thirds of all registered voters in the existing district.

The initial CFD 2023­2 boundary area will include all existing and future development in Planning Area 4 south and southwest of the public lake, excluding the One Lake Family Apartments, and the entire Planning Area 5 within assessor’s parcel numbers 0166­020­280, 0166­020­290, 0166­420­010, 0166­420­020, 0166­420­030, 0166­420­180, 0166­420­360, 0166­420­390, 0166­480­010, 0166­ 480­020, 0166­480­030, 0166­480­040, 0166­480­050, 0166­480­060, 0166­480­070, 0166­480­ 080, 0166­480­090, 0166­480­100, 0166­480­110, 0166­480­120, 0166­480­130, 0166­480­140, 0166­480­150, 0166­480­160, 0166­480­170, 0166­480­180, 0166­480­190, 0166­480­200, 0166­ 480­210, 0166­480­220, 0166­480­230, 0166­480­240, 0166­480­250, 0166­480­260, 0166­480­ 270, 0166­480­280, 0166­480­290, 0166­480­300, 0166­480­310, 0166­480­320, 0166­480­330, 0166­480­340, 0166­480­350, 0166­480­360, 0166­480­370, 0166­480­380, 0166­480­390, 0166­ 480­400, 0166­480­410, 0166­480­420, 0166­480­430, 0166­480­440, 0166­480­450, 0166­480­ 460, 0166­480­470, 0166­490­010, 0166­490­020, 0166­490­030, 0166­490­040, 0166­490­050, 0166­490­060, 0166­490­070, 0166­490­080, 0166­490­090, 0166­490­100, 0166­490­110, 0166­ Packet Page 696 of 742

Agenda Item No: 23.AGENDA REPORTDATE:July 18, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 2023­204 of the City Council of the City of Fairfield Establishing the City ofFairfield Community Facilities District No. 2023­2 (Train Station Specific Plan II) and anAppropriations Limit Therefor, Authorizing the Levy of a Special Tax Therein, andSubmitting the Establishment of an Appropriations Limit and the Levy of Special Taxesto the Qualified Electors Thereof; andResolution 2023­205 of the City Council of the City of Fairfield Calling a SpecialElection and Submitting to the Qualified Electors of the City of Fairfield CommunityFacilities District No. 2023­2 (Train Station Specific Plan II) Propositions Regarding theEstablishment of an Appropriations Limit and the Annual Levy of a Special TaxRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of development for parcels in the northeast portion of the city, known as the Train StationSpecific Plan (TSSP), require them to be part of a Community Facilities District (CFD) to offset theincreased costs associated with the new development for public safety services, maintenance andoperation of public parks and public open space, operation and maintenance of public cemeteries,maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights pumpstations, and/or the public lake.The existing CFD 2018­1 (Train Station Specific Plan) Rate and Method of Apportionment (RMA) doesnot include special tax exemptions for affordable housing units or welfare exemption property. Theattached resolutions will establish CFD 2023­2 (Train Station Specific Plan II), establish and submitappropriation limits to qualified electors thereof, and call for a special election regarding theappropriation limit and annual levy of special tax within CFD 2023­2. This new CFD will provide thesame services as CFD 2018­1 and also provide a special tax exemption for affordable housing unitsand welfare exemption property in the TSSP.DISCUSSIONThe TSSP is a development plan and design for a new community environment in the northeast portionof the city that was approved by the council in 2011. The TSSP is divided into nine distinct planningareas (Planning Areas) and incorporates a variety of land uses, including residential, commercial,industrial, open space, and recreation zones. To minimize the financial impact to the City, all new development in the TSSP is required to be a part ofa CFD to fund the cost of public safety services, the operation and maintenance of public parks, publicopen space, public cemeteries, and public landscaping, and all associated administrative support inthe TSSP (Services). CFD 2018­1 was established in 2018 to fund the Services through the annualcollection of special taxes levied on properties in the district. The existing CFD 2018­1 boundary islocated north of Vanden Road and the public lake and includes the majority of Planning Area 4(colloquially known as Canon Station or One Lake), as shown in Attachment 1.Since the formation of CFD 2018­1, several new developments in Planning Area 4 south and southwestof the lake have been approved for construction, including the One Lake Family Apartments, a 190­unitaffordable housing project, the One56 single­family residences known as Neighborhood 8, futuresingle­family residences known as Neighborhood 9, and commercial retail spaces (RemainingPlanning Area 4 Development). Due to an administrative oversight, these developments were notannexed to CFD 2018­1 at the time they were approved for construction. The City desires to provide anexemption for affordable housing units, however, the Mello­Roos Community Facilities Act of 1982 (Act)does not authorize such modifications to an RMA without approval by two­thirds of all registered votersin the existing district, which is unlikely to be approved at this time.In lieu of annexing these developments to CFD 2018­1, the City is forming CFD 2023­2, which willinclude all existing and future development in the TSSP that is not already within the CFD 2018­1boundary, except for the One Lake Family Apartments, and the currently undeveloped Planning Area 5.The new district will provide all Services currently being provided in CFD 2018­1. The CFD 2023­2RMA is substantially similar to the CFD 2018­1 RMA, except the CFD 2023­2 RMA provides specialtax exemptions for affordable housing units and welfare exemption property, or property that is (1) usedexclusively for charitable, hospital, or religious purposes, and (2) owned or held in trust by nonprofitorganizations operating for those purposes. The formation of this district is in consideration of (a) therequirement for all development in the TSSP to be a part of a CFD, (b) the City’s desire to provide aspecial tax exemption for the One Lake Family Apartments based on its affordable housing status, (c)the absence of a special tax exemption for affordable housing units in the CFD 2018­1 RMA, and (d)the inability to amend the CFD 2018­1 RMA without approval by two­thirds of all registered voters in theexisting district. The initial CFD 2023­2 boundary area will include all existing and future development in Planning Area4 south and southwest of the public lake, excluding the One Lake Family Apartments, and the entirePlanning Area 5 within assessor’s parcel numbers 0166­020­280, 0166­020­290, 0166­420­010,0166­420­020, 0166­420­030, 0166­420­180, 0166­420­360, 0166­420­390, 0166­480­010, 0166­480­020, 0166­480­030, 0166­480­040, 0166­480­050, 0166­480­060, 0166­480­070, 0166­480­080, 0166­480­090, 0166­480­100, 0166­480­110, 0166­480­120, 0166­480­130, 0166­480­140,0166­480­150, 0166­480­160, 0166­480­170, 0166­480­180, 0166­480­190, 0166­480­200, 0166­480­210, 0166­480­220, 0166­480­230, 0166­480­240, 0166­480­250, 0166­480­260, 0166­480­270, 0166­480­280, 0166­480­290, 0166­480­300, 0166­480­310, 0166­480­320, 0166­480­330,0166­480­340, 0166­480­350, 0166­480­360, 0166­480­370, 0166­480­380, 0166­480­390, 0166­480­400, 0166­480­410, 0166­480­420, 0166­480­430, 0166­480­440, 0166­480­450, 0166­480­ 460, 0166­480­470, 0166­490­010, 0166­490­020, 0166­490­030, 0166­490­040, 0166­490­050, 0166­490­060, 0166­490­070, 0166­490­080, 0166­490­090, 0166­490­100, 0166­490­110, 0166­ 490­120, 0166­490­130, 0166­490­140, 0166­490­150, 0166­490­160, 0166­490­170, 0166­490­ 180, 0166­490­190, 0166­490­200, 0166­490­210, 0166­490­220, 0166­490­230 (Proposed Initial CFD 2023­2 Boundary) as depicted on Attachment 2.

Due to the current number of registered voters in the One Lake Family Apartments, the Act mandates that registered voters are required to approve the inclusion of the parcel in the district. Therefore, this development is being excluded from the initial boundary area to allow staff time to formulate and execute a community engagement plan before initiating proceedings to include the parcel in the district.

The plan will describe the 2018 administrative error, the special tax exemption for both the One Lake Family Apartments property owners and residents, and the importance of including the parcel in the district to allow the City to levy special taxes in the future if the development is converted to market­rate housing.

On June 6, 2023, the council initiated the CFD 2023­2 formation process with the adoption of Resolution No. 2023­138. This resolution established July 18, 2023, as the public hearing date for the consideration of the formation of CFD 2023­2 and to receive public testimony. Following the public hearing, ballots will be mailed to property owners in the Proposed Initial CFD 2023­2 Boundary and a special election meeting will be held on the matter of the special tax levy 90­180 days following the hearing. The special election is scheduled for October 17, 2023. At least two­thirds of the votes cast must be in favor of levying the special tax in order for the council to proceed with the levy in CFD 2023­

2. If the special tax is approved, property owners will be required to pay annual special taxes beginning fiscal year (FY) 2024­2025 in accordance with the rates set forth in the Rate and Method of Apportionment of Special Tax.

If the CFD 2023­2 special tax is approved, CFD 2018­1 will remain active, and the City will continue to levy special taxes on all property currently subject to that district. While both districts may provide identical services, the CFD 2018­1 and CFD 2023­2 boundaries will be separate and distinct, and properties in the TSSP will only be subject to special taxes under one CFD.

Additionally, staff will return to council to amend the cooperative agreement with the Solano Cemetery District (Cemetery District), formerly known as the Suisun Fairfield Rockville Cemetery District, dated October 9, 2012, and subsequently amended on June 21, 2019. Under the existing agreement, a portion of the proceeds from CFD 2018­1 is contributed to the Cemetery District to address cemetery needs as a result of the new development in the TSSP. An amendment will be proposed to allow for a portion of the proceeds from CFD 2023­2 to be contributed to the Cemetery District for the same.

FINANCIAL IMPACT
The estimated annual revenue received by the City for CFD 2023­2 will be $117,796, which is based on the maximum special tax rates for FY 2023­2024 for an estimated 56 single­family residential parcels.

This amount is expected to increase as development of additional property occurs within CFD 2023­2.

CFD 2023­2 includes an annual Consumers Price Index (CPI) adjustment. The process for the formation is funded by the developer and no General Fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions concerning the formation of CFD 2023­2, this item may be rescheduled until the next council meeting to allow staff time to provide the necessary supporting documentation.

However, if the formation is not approved, the City will not be able to collect special taxes to fund the Services.

Packet Page 697 of 742

Agenda Item No: 23.AGENDA REPORTDATE:July 18, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 2023­204 of the City Council of the City of Fairfield Establishing the City ofFairfield Community Facilities District No. 2023­2 (Train Station Specific Plan II) and anAppropriations Limit Therefor, Authorizing the Levy of a Special Tax Therein, andSubmitting the Establishment of an Appropriations Limit and the Levy of Special Taxesto the Qualified Electors Thereof; andResolution 2023­205 of the City Council of the City of Fairfield Calling a SpecialElection and Submitting to the Qualified Electors of the City of Fairfield CommunityFacilities District No. 2023­2 (Train Station Specific Plan II) Propositions Regarding theEstablishment of an Appropriations Limit and the Annual Levy of a Special TaxRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of development for parcels in the northeast portion of the city, known as the Train StationSpecific Plan (TSSP), require them to be part of a Community Facilities District (CFD) to offset theincreased costs associated with the new development for public safety services, maintenance andoperation of public parks and public open space, operation and maintenance of public cemeteries,maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights pumpstations, and/or the public lake.The existing CFD 2018­1 (Train Station Specific Plan) Rate and Method of Apportionment (RMA) doesnot include special tax exemptions for affordable housing units or welfare exemption property. Theattached resolutions will establish CFD 2023­2 (Train Station Specific Plan II), establish and submitappropriation limits to qualified electors thereof, and call for a special election regarding theappropriation limit and annual levy of special tax within CFD 2023­2. This new CFD will provide thesame services as CFD 2018­1 and also provide a special tax exemption for affordable housing unitsand welfare exemption property in the TSSP.DISCUSSIONThe TSSP is a development plan and design for a new community environment in the northeast portionof the city that was approved by the council in 2011. The TSSP is divided into nine distinct planningareas (Planning Areas) and incorporates a variety of land uses, including residential, commercial,industrial, open space, and recreation zones. To minimize the financial impact to the City, all new development in the TSSP is required to be a part ofa CFD to fund the cost of public safety services, the operation and maintenance of public parks, publicopen space, public cemeteries, and public landscaping, and all associated administrative support inthe TSSP (Services). CFD 2018­1 was established in 2018 to fund the Services through the annualcollection of special taxes levied on properties in the district. The existing CFD 2018­1 boundary islocated north of Vanden Road and the public lake and includes the majority of Planning Area 4(colloquially known as Canon Station or One Lake), as shown in Attachment 1.Since the formation of CFD 2018­1, several new developments in Planning Area 4 south and southwestof the lake have been approved for construction, including the One Lake Family Apartments, a 190­unitaffordable housing project, the One56 single­family residences known as Neighborhood 8, futuresingle­family residences known as Neighborhood 9, and commercial retail spaces (RemainingPlanning Area 4 Development). Due to an administrative oversight, these developments were notannexed to CFD 2018­1 at the time they were approved for construction. The City desires to provide anexemption for affordable housing units, however, the Mello­Roos Community Facilities Act of 1982 (Act)does not authorize such modifications to an RMA without approval by two­thirds of all registered votersin the existing district, which is unlikely to be approved at this time.In lieu of annexing these developments to CFD 2018­1, the City is forming CFD 2023­2, which willinclude all existing and future development in the TSSP that is not already within the CFD 2018­1boundary, except for the One Lake Family Apartments, and the currently undeveloped Planning Area 5.The new district will provide all Services currently being provided in CFD 2018­1. The CFD 2023­2RMA is substantially similar to the CFD 2018­1 RMA, except the CFD 2023­2 RMA provides specialtax exemptions for affordable housing units and welfare exemption property, or property that is (1) usedexclusively for charitable, hospital, or religious purposes, and (2) owned or held in trust by nonprofitorganizations operating for those purposes. The formation of this district is in consideration of (a) therequirement for all development in the TSSP to be a part of a CFD, (b) the City’s desire to provide aspecial tax exemption for the One Lake Family Apartments based on its affordable housing status, (c)the absence of a special tax exemption for affordable housing units in the CFD 2018­1 RMA, and (d)the inability to amend the CFD 2018­1 RMA without approval by two­thirds of all registered voters in theexisting district. The initial CFD 2023­2 boundary area will include all existing and future development in Planning Area4 south and southwest of the public lake, excluding the One Lake Family Apartments, and the entirePlanning Area 5 within assessor’s parcel numbers 0166­020­280, 0166­020­290, 0166­420­010,0166­420­020, 0166­420­030, 0166­420­180, 0166­420­360, 0166­420­390, 0166­480­010, 0166­480­020, 0166­480­030, 0166­480­040, 0166­480­050, 0166­480­060, 0166­480­070, 0166­480­080, 0166­480­090, 0166­480­100, 0166­480­110, 0166­480­120, 0166­480­130, 0166­480­140,0166­480­150, 0166­480­160, 0166­480­170, 0166­480­180, 0166­480­190, 0166­480­200, 0166­480­210, 0166­480­220, 0166­480­230, 0166­480­240, 0166­480­250, 0166­480­260, 0166­480­270, 0166­480­280, 0166­480­290, 0166­480­300, 0166­480­310, 0166­480­320, 0166­480­330,0166­480­340, 0166­480­350, 0166­480­360, 0166­480­370, 0166­480­380, 0166­480­390, 0166­480­400, 0166­480­410, 0166­480­420, 0166­480­430, 0166­480­440, 0166­480­450, 0166­480­460, 0166­480­470, 0166­490­010, 0166­490­020, 0166­490­030, 0166­490­040, 0166­490­050,0166­490­060, 0166­490­070, 0166­490­080, 0166­490­090, 0166­490­100, 0166­490­110, 0166­490­120, 0166­490­130, 0166­490­140, 0166­490­150, 0166­490­160, 0166­490­170, 0166­490­180, 0166­490­190, 0166­490­200, 0166­490­210, 0166­490­220, 0166­490­230 (Proposed InitialCFD 2023­2 Boundary) as depicted on Attachment 2.Due to the current number of registered voters in the One Lake Family Apartments, the Act mandatesthat registered voters are required to approve the inclusion of the parcel in the district. Therefore, thisdevelopment is being excluded from the initial boundary area to allow staff time to formulate andexecute a community engagement plan before initiating proceedings to include the parcel in the district.The plan will describe the 2018 administrative error, the special tax exemption for both the One LakeFamily Apartments property owners and residents, and the importance of including the parcel in thedistrict to allow the City to levy special taxes in the future if the development is converted to market­ratehousing. On June 6, 2023, the council initiated the CFD 2023­2 formation process with the adoption ofResolution No. 2023­138. This resolution established July 18, 2023, as the public hearing date for theconsideration of the formation of CFD 2023­2 and to receive public testimony. Following the publichearing, ballots will be mailed to property owners in the Proposed Initial CFD 2023­2 Boundary and aspecial election meeting will be held on the matter of the special tax levy 90­180 days following thehearing. The special election is scheduled for October 17, 2023. At least two­thirds of the votes castmust be in favor of levying the special tax in order for the council to proceed with the levy in CFD 2023­2. If the special tax is approved, property owners will be required to pay annual special taxes beginningfiscal year (FY) 2024­2025 in accordance with the rates set forth in the Rate and Method ofApportionment of Special Tax.  If the CFD 2023­2 special tax is approved, CFD 2018­1 will remain active, and the City will continue tolevy special taxes on all property currently subject to that district. While both districts may provideidentical services, the CFD 2018­1 and CFD 2023­2 boundaries will be separate and distinct, andproperties in the TSSP will only be subject to special taxes under one CFD. Additionally, staff will return to council to amend the cooperative agreement with the Solano CemeteryDistrict (Cemetery District), formerly known as the Suisun Fairfield Rockville Cemetery District, datedOctober 9, 2012, and subsequently amended on June 21, 2019. Under the existing agreement, aportion of the proceeds from CFD 2018­1 is contributed to the Cemetery District to address cemeteryneeds as a result of the new development in the TSSP. An amendment will be proposed to allow for aportion of the proceeds from CFD 2023­2 to be contributed to the Cemetery District for the same. FINANCIAL IMPACTThe estimated annual revenue received by the City for CFD 2023­2 will be $117,796, which is based onthe maximum special tax rates for FY 2023­2024 for an estimated 56 single­family residential parcels.This amount is expected to increase as development of additional property occurs within CFD 2023­2.CFD 2023­2 includes an annual Consumers Price Index (CPI) adjustment. The process for theformation is funded by the developer and no General Fund monies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions concerning the formation of CFD 2023­2, this item may be rescheduleduntil the next council meeting to allow staff time to provide the necessary supporting documentation.

However, if the formation is not approved, the City will not be able to collect special taxes to fund the Services.

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 428­7089
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Existing CFD 2018­1 Boundary
Attachment 2: Initial CFD 2023­2 Boundary
Attachment 3: Proposed Resolution Establishing CFD 2023­2 Attachment 4: Proposed Resolution Establishing CFD 2023­2 ­ Exhibit A Attachment 5: Proposed Resolution Establishing CFD 2023­2 ­ Exhibit B Attachment 6: Proposed Resolution Establishing CFD 2023­2 ­ Exhibit C Attachment 7: Proposed Resolution Calling for Special Election REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 6/30/2023 ­ 7:39 PM
Kaushal, Paul Approved 6/30/2023 ­ 7:44 PM
Beavers, Esther Approved 7/10/2023 ­ 10:57 AM
Beavers, Esther Approved 7/10/2023 ­ 10:58 AM
Packet Page 698 of 742

Packet Page 699 of 742Attachment 1 Page 1 of 1

T4T1T8T7T5T3PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2023-2(TRAIN STATION SPECIFIC PLAN II)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapTravis AvWalters RdAir Base PkwyA StDavis StDover AvAlamo DrMcCrory RdPeabody RdRivera RdFry RdNorth Gate Rd W80E80SiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2023-2(TRAIN STATION SPECIFIC PLAN II), CITY OF FAIRFIELD, COUNTY OFSOLANO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITYCOUNCIL OF THE CITY OF FAIRFIELD AT A REGULAR MEETING,THEREOF, HELD ON THE ____________ DAY OF ____________, 20___,BY ITS RESOLUTION NO. ___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___, ATTHE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIATHE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendProposed BoundariesMap Reference Number1VANDEN ROADONE LAKE DRIVELAKE TRAIL21069MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER(S)1 0166-020-2802 0166-020-2903 0166-420-0104 0166-420-0205 0166-420-0306 0166-420-1807 0166-420-3608 0166-420-3909 0166-480-010 to 016-480-47010 0166-490-010 to 016-490-230Packet Page 700 of 742Attachment 2 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2023-204

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-2 (TRAIN STATION SPECIFIC PLAN II)

AND AN APPROPRIATIONS LIMIT THEREFOR, AUTHORIZING THE LEVY OF A SPECIAL TAX

THEREIN, AND SUBMITTING THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE

LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF

WHEREAS, on June 6, 2023, the city council adopted Resolution No. 2023-138, a resolution of intention to establish the City of Fairfield Community Facilities District (CFD) No. 2023-2 (Train Station Specific Plan II) (Resolution of Intention), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the Act) to finance certain services to serve the CFD (Services); and

WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including in cidental expenses, and the rate and method of apportionment (Rate and Method) of the special tax (Special Tax) to be levied within the CFD to pay for the Services, is on file with the city clerk and the provisions thereof are incorporated herein by this reference; and

WHEREAS, the Resolution of Intention set July 18, 2023, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method; and

WHEREAS, a notice of the public hearing to be held on July 18, 2023, was published in accordance with the Act; and

WHEREAS, the council held a public hearing on July 18, 2023, as required by the Act and the Resolution of Intention regarding the proposed formation of the CFD; and

WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard, and a full and fair hearing was held; and

WHEREAS, at the hearing evidence was presented to this council on such matters before it, including a special report (CFD 2023-2 Report) attached hereto as Exhibit “A” as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the city clerk, and this council, at the conclusion of said hearing, is fully advised in the premises; and

Packet Page 701 of 742Attachment 3 Page 1 of 8

RES. NO. 2023-204

WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been filed with the city clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special taxes; and

WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by 50% or more of the registered vo ters residing within the territory of the CFD or the owners of one-half or more of the area of land within the CFD and not exempt from the special taxes; and

WHEREAS, the City has reviewed the proposed CFD 2023-2 (Train Station Specific Plan II) and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively CEQA). CEQA Guidelines Section 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “[t]he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4)); and

WHEREAS, the CFD is intended to fund public safety services, the operation and maintenance of public parks, public open space, public cemeteries, and public landscaping, and all associated administrative support for the City, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities; and

WHEREAS, in addition to the foregoing, because the project is a financing mechan ism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)

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

Section 1. Recitals Correct. The foregoing recitals are true and correct.

Packet Page 702 of 742Attachment 3 Page 2 of 8

RES. NO. 2023-204

Section 2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the city council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.

Section 3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

Section 4. Prior Proceedings Valid. All prior proceedings taken by this city council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

Section 5. Name of the District. The community facilities district designated “City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II)” is hereby established pursuant to the Act.

Section 6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Solano County Recorder’s Office on June 28, 2023, in Book 26 at Page 82 as Instrument No. 202300027561 of Maps of Assessment and Community Facilities Districts.

Section 7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “B” hereto and by this reference incorporated herein.

Section 8. Special Tax.

a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.

b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “C” attached hereto and hereby incorporated herein.

Section 9. Report. The CFD 2023-2 Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD and is ordered to be kept on file with the city clerk as part of the transcript of these proceedings.

Packet Page 703 of 742Attachment 3 Page 3 of 8

RES. NO. 2023-204

Section 10. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon local agencies, including the City, as the result of development occurring in the CFD.

Section 11. Responsible Official. The City’s public works director, or their designee, located at City Hall, 1000 Webster Street, Fairfield, CA 94533, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

Section 12. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.

Section 13. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (Special Election) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:

a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest h earing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the city clerk, and shall be held on a date selected by the city council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballot s for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.

b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD, the Special Election shall be conducted by the city clerk pursuant Section 53326 of the Act as follows:

Packet Page 704 of 742Attachment 3 Page 4 of 8

RES. NO. 2023-204

(i) The Special Election shall be held on the earliest date, following the adoption by the city council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special Tax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.

(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the clerk concurs in such earlier election date as shall be consented to by the qualified electors.

(iii) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the clerk by mail with return postage prepaid, or by personal service.

(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, the city clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the city clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the council calling the Special Election.

(v) The official ballot to be mailed (or delivered) by the clerk to each landowner shall have printed or typed thereon the name of the landowner and the nu mber of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD.

Packet Page 705 of 742Attachment 3 Page 5 of 8

RES. NO. 2023-204

(vi) The return identification envelope delivered by the clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the clerk.

(vii) The instruction to voter form to be mailed by the clerk to the landowners shall inform them that the official ballots shall be returned to the clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 6:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.

(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the clerk shall canvass the votes cast in the Special Election, and shall file a statement with the council as to the results of such canvass and the election on each proposition set forth in the official ballot.

Section 14. Annexation Territory. Other property within the boundaries of the City may be annexed into the CFD pursuant to Article 3.5 of the Act.

Section 15. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

Section 16. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.

Packet Page 706 of 742Attachment 3 Page 6 of 8

RES. NO. 2023-204

Section 17. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in S ection 8 above:

a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.

b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.

c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.

d. The city manager, or their designee, acting for and on behalf of the CFD, shall annually file a report with the council as required pursuant to Government Code Section 50075.3.

Section 18. CEQA. The council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City staff to prepare and file a Notice of Exemption with the county clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.

Packet Page 707 of 742Attachment 3 Page 7 of 8

RES. NO. 2023-204

PASSED AND ADOPTED this 18th day of July, 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 708 of 742Attachment 3 Page 8 of 8

City of Fairfield
Community Facilities District No 2023-2
(Train Station Specific Plan II)

CFD REPORT

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510

www.willdan.com
Packet Page 709 of 742Attachment 4 Page 1 of 18

TABLE OF CONTENTS

I. INTRODUCTION 3
II. DESCRIPTION OF SERVICES 4
III. COST ESTIMATE 5
IV. DESCRIPTION OF BOUNDARIES 6
V. RATE AND METHOD OF APPORTIONMENT 7
Packet Page 710 of 742Attachment 4 Page 2 of 18

City of Fairfield CFD 2023-2 Report Page 3
I. INTRODUCTION

WHEREAS, the City Council of the City of Fairfield (hereinafter referred to as the “Council”), in the State of California, did, pursuant Section 53321.5 of Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of California, as amended (the “Act”), expressly order the filing of a written Community Facilities District Report (“Report”) with the City of Fairfield for a proposed Community Facilities District, which Community Facilities District shall be referred to as Community Facilities District No. 2023-2 (Train Station Specific Plan II), (hereinafter referred to as the “CFD”); and

WHEREAS, the Report generally contains the following:

A brief description of the public services (the “Services”) which are required to adequately meet the needs of the CFD; and

an estimate of the cost of financing such Services; and

the rate and method of apportionment of the special tax in sufficient detail to allow each property owner within the proposed CFD to calculate the Maximum Special Tax that may be levied against their property.

For particulars, reference is made to the Resolution of Intention, Resolution No. 2023- 138, as previously approved. All capitalized terms not defined herein are defined in the Rate and Method of Apportionment of Special Tax section of this Report.

NOW THEREFORE Willdan Financial Services, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit said Report.

Packet Page 711 of 742Attachment 4 Page 3 of 18

City of Fairfield CFD 2023-2 Report Page 4
II. DESCRIPTION OF SERVICES

The services (the “Services”) that are to be financed by the CFD are described below and are permitted by the Act.

DEVELOPMENT AGREEMENT SERVICE COMPONENTS

A. Public Safety Services, police protection services, fire and suppression services, and paramedic services
B. Public Open Space Operation and Maintenance
C. Public Parks Operation and Maintenance
D. Public Cemeteries Operation and Maintenance

LIGHTING AND LANDSCAPE

Operation and Maintenance of public landscaping, linear parks, storm drainage basins, streetlights, pump stations, and the public lake.

CFD ADMINISTRATIVE EXPENSES

All services and administration shall be provided by the City of Fairfield (the "City") with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. The cost of the services shall include the estimated and reasonable costs of providing services, including but not limited to: (i) the costs of contracting for services, (ii) the salaries and benefits of City staff, if the City directly provides services, (iii) the expense related to equipment, apparatus, and supplies related to the services and authorized by the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and (iv) a proportionate share of City overhead costs associated with providing the services.

The cost of the services shall also include incidental expenses, including the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, and costs incurred in order to carry out the authorized purposes of the District.

All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City.

Nothing in this description of services or any Resolution of the City Council shall be construed as committing the City or the CFD to provide all of the authorized Services.

The provision of Services shall be subject to the successful formation of the CFD and the availability of sufficient proceeds of special taxes within the CFD.

Packet Page 712 of 742Attachment 4 Page 4 of 18

City of Fairfield CFD 2023-2 Report Page 5

III. COST ESTIMATE
Cost Estimates For Services

The CFD is being formed to mitigate the financial impact of providing public services created by new development in the City. It is estimated that special tax revenues generated from the CFD will generate a portion of the overall cost of implementing additional public services. The initial Maximum Special Tax that may be levied annually for each land use type is shown in Table 1 of the Rate and Method of Apportionment.

On each July 1 following the Base Year (Fiscal Year 2023-2024), the initial Maximum Special Tax rates shall be automatically increased for each fiscal year in accordance with the Annual Escalation Factor.

The budget below represents the estimated cost of the Services. The Special Tax was calculated as the amount necessary to pay for the CFD’s proportionate share of the services, which are in addition to the services already provided to the area, if any, before the CFD was created.

Services Annual Budget Estimated Annual Costs
Development Agreement Services
 Public Safety Services
 Public Open Space Operation and Maintenance
 Public Parks Operation and Maintenance
 Public Cemeteries Operation and Maintenance
$7,526
Lighting and Landscape 60,974
CFD Administration Expenses 49,296
Total $117,796

The estimated annual costs are based on a buildout of fifty-six (56) single-family residential parcels within the CFD and is subject to change based on additional development.

Substitution of Services

The description of the Services, as set forth herein, is general in its nature. The final nature of the Services will be determined upon the City’s approval of services. The approval thereof may show substitutes in lieu of, or modification to, the proposed Services in order to provide the public Services necessitated by development occurring in the CFD, and any such substitution shall not be a change or modification in the proceedings as long as such substitute Services serve a function or provide a service substantially similar to that function served or the service provided by the Services described in this Report.

Packet Page 713 of 742Attachment 4 Page 5 of 18

City of Fairfield CFD 2023-2 Report Page 6
IV. DESCRIPTION OF BOUNDARIES

A description of the exterior boundaries of the territory proposed for inclusion in the CFD, including properties and parcels of land proposed to be subject to the levy of a special tax by the CFD, is as shown on the boundary map designated as “MAP OF

PROPOSED BOUNDARIES OF CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-2 (TRAIN STATION SPECIFIC PLAN II),” which is on file in the office of the City Clerk and is attached hereto as Exhibit A and hereby incorporated by reference.

Packet Page 714 of 742Attachment 4 Page 6 of 18

City of Fairfield CFD 2023-2 Report Page 7
V. RATE AND METHOD OF APPORTIONMENT

A Special Tax applicable to each Assessor's Parcel in the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below.

All of the property in the CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD, unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

"Accessory Unit" means a second residential unit of limited size (e.g., granny cottage, second unit) that shares a Parcel with a single-family detached unit.

"Acre" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.

"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, of Title 5 of the Government Code of the State of California.

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to administration of the CFD: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof, or both); the costs of collecting Special Taxes; the costs to the City, CFD, or any designee thereof of complying with City, CFD, or obligated persons disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Tax; the City's annual administration fees and third party expenses; and any other incidental costs authorized by the Act. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD, including attorney's fees and costs associated with annexations to the CFD. In addition, all services and administration shall be provided by the City of Fairfield (the "City"), with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City.

The cost of the Services shall include the estimated and reasonable costs of providing services, including but not limited to: (i) the costs of contracting for services, (ii) the salaries and benefits of City staff, if the City directly provides services, (iii) the expense related to equipment, apparatus, and supplies related to the services and authorized by the Act, and (iv) a proportionate share of City overhead costs associated with providing the services.

Packet Page 715 of 742Attachment 4 Page 7 of 18

City of Fairfield CFD 2023-2 Report Page 8
“Administrator" means an official of the City, or any designee thereof, responsible for providing for the levy and collection of the Special Tax.

“Affordable Housing” means for each Fiscal Year, any Residential Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost due to a regulatory agreement of no less than 15 years, restricting 100% of the Residential Unit(s) on the Assessor’s Parcel of Developed Property to be affordable to households that are extremely low to low income, as defined in Health and Safety Code Section 50079.5. The City will have the authority to approve and establish policies regarding Affordable Housing and their status.

"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.

"Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel Number.

"Assessor's Parcel Number" means a unique number assigned to an Assessor's Parcel by the County Assessor for purposes of identifying a property.

"Building Permit" means a single permit or set of permits required to construct a residential or non-residential structure. If a permit is issued for a foundation, parking, landscaping or other related facility or amenity, but a building permit has not yet been issued for the structure served by these facilities or amenities, such permit shall not be considered a "Building Permit" for purposes of application of the Special Tax herein.

"CFD" means the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II).

"CFD Administration Component" means the component of the Maximum Special Tax that is designated to pay for Administrative Expenses.

"CFD Formation" means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.

"City" means the City of Fairfield.

"City Council" means the City Council of the City of Fairfield, acting as the legislative body of the CFD.

"Commercial Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing such products and services. The City shall make the determination as to whether a Parcel is Commercial Property.

Packet Page 716 of 742Attachment 4 Page 8 of 18

City of Fairfield CFD 2023-2 Report Page 9

"County" means the County of Solano.

"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year.

"DA" means the applicable development agreement between the City and a developer, including all exhibits and attachments, and as may be amended from time to time.

"DA Services Budget" means, in any Fiscal Year, the City's estimate of DA Services Costs and any amounts for a reserve fund for DA Services Costs that will be funded by the DA Services Component.

"DA Services Component" means the component of the Maximum Special Tax that is designated to pay for DA Services Costs.

"DA Services Costs" means the following public services as determined by the City:
(i) public safety services; (ii) maintenance and operation of public open space land; (iii), maintenance and operation of public parks and public open space, and (iv) operation and maintenance of public cemeteries.

"Escalation Factor" means, in any Fiscal Year, the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-San Jose area, for the prior 12-month period (April to April) as determined by the Bureau of Labor Statistics.

"Final Map" means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots.

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

"High Density Residential Property" means, in any Fiscal Year, all Parcels of Developed Property, which are not Affordable Housing, for which a Building Permit was issued for construction of a residential structure with five or more Residential Units that share a single Assessor's Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.

"Industrial Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for construction of an industrial, manufacturing, or warehousing structure. The City shall make the determination as to whether a Parcel is Industrial Property.

"Lighting and Landscape Maintenance Budget" means, in any Fiscal Year, the City's estimate of Lighting and Landscape Maintenance Costs and any amounts for a Packet Page 717 of 742Attachment 4 Page 9 of 18

City of Fairfield CFD 2023-2 Report Page 10
reserve fund for Lighting and Landscape Maintenance costs that will be funded by the Lighting and Landscape Maintenance Component.

"Lighting and Landscape Maintenance Component" means the component of the Maximum Special Tax that is designated to pay for Lighting and Landscape Maintenance Costs.

"Lighting and Landscape Maintenance Costs" means the costs of maintenance and operation of landscaping, linear parks, storm drainage basins, streetlights, pump stations, and/or the public lake.

"Maximum CFD Administration Component" means the greatest amount that can be levied on a Parcel in any Fiscal Year to pay for Administrative Expenses, as set forth in Section C below.

“Maximum DA Services Component" means the greatest amount that can be levied on a Parcel in any Fiscal Year to pay for DA Services Costs, as set forth in Section C below.

"Maximum Lighting and Landscape Maintenance Component" means the greatest amount that can be levied on a Parcel in any Fiscal Year to pay for Lighting and Landscape Maintenance Costs, as set forth in Section C below.

"Maximum Special Tax" means, collectively for a Parcel, the Maximum CFD Administration Component, Maximum DA Services Component, and Maximum Lighting and Landscape Maintenance Component for such Parcel.

"Maximum Tax Component" means, for a Parcel, any one of the following components of the Maximum Special Tax for such Parcel: CFD Administration Component, DA Services Component, or Lighting and Landscape Maintenance Component.

"Mixed-Use Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for construction of a structure that includes a combination of residential and non-residential land uses.

"Multi-Family Residential Property" means, in any Fiscal Year, all Parcels of Developed Property, which are not Affordable Housing, for which a Building Permit was issued for construction of a residential structure consisting of two or more Residential Units that share common walls, have separate Assessor's Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor's Parcel with another duplex unit), and are offered as for-sale Residential Units (which shall still be the case even if the Residential Units are purchased and subsequently offered for rent by the owner of such Residential Unit(s)), including residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.

Packet Page 718 of 742Attachment 4 Page 10 of 18

City of Fairfield CFD 2023-2 Report Page 11
"Office Property" means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued for a building in which professional, banking, insurance, real estate, administrative or in-office medical or dental activities are conducted. The City shall make the determination as to whether a Parcel is Office Property.

"Open Space Property" means, in any Fiscal Year, all Parcels within the CFD that:
(i) are designated as permanent open space, (ii) are not Public Property, and (iii) have been assigned Assessor's Parcel Numbers.

"Proportionately" means, for Developed Property and Open Space Property, that the ratio of the actual Special Tax Component levied in any Fiscal Year to the Maximum Tax Component authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property and Open Space Property. For Undeveloped Property and Taxable City Property, "Proportionately" means that the ratio of the actual Special Tax Component levied in any Fiscal Year to the Maximum Tax Component authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Undeveloped Property and Taxable City Property.

"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

"Residential Unit" means: (i), for Single Family Detached Property an individual single-family detached unit, (ii) for Multi-Family Residential Property, an individual dwelling unit within a duplex, halfplex, triplex, fourplex, townhome, live/work or condominium structure, and (iii) for High Density Residential Property, an individual apartment unit. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a separate Residential Unit for purposes of this RMA.

"RMA" means this Rate and Method of Apportionment of Special Tax.

"Single Family Detached Property" means, in any Fiscal Year, all Parcels of Developed Property, which is not Affordable Housing, for which a Building Permit was issued for construction of a Residential Unit that does not share a common wall with another Residential Unit.

"Special Tax" means any tax levied within the CFD to pay one or more of the following: Administrative Expenses, DA Services Costs, and/or Lighting and Landscape Maintenance Costs.

Packet Page 719 of 742Attachment 4 Page 11 of 18

City of Fairfield CFD 2023-2 Report Page 12
"Special Tax Component" means, separately, the CFD Administration Component, the DA Services Component, or the Lighting and Landscape Maintenance Component.

"Square Foot" means, for Commercial Property, Office Property, Industrial Property, and non-residential uses on Mixed-Use Property, each individual square foot within the net leasable square footage shown on the condominium plan, construction drawings, architectural designs, or other such plan for the building.

"Taxable City Property" means, in any Fiscal Year, any Parcel within the boundaries of the CFD that is (i) owned by the City at CFD Formation, (ii) expected to be transferred to a developer for private development, and (iii) based on this expectation, has been included in the CFD boundary and is subject to the levy of Special Taxes.

Each Fiscal Year, the Administrator shall coordinate with the City to determine which City-owned Parcels are Taxable City Property.

"Taxable Property" means all Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section E below.

"Tax Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All of the property within the CFD at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to the CFD, and different amounts for one or more Maximum Tax Components may be identified for property within the new Tax Zone at the time of such annexation.

"Tax Zone 1" means the property included in the CFD at CFD Formation and any property that is subsequently annexed into Tax Zone 1.

"Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property in the CFD that are not Developed Property, Open Space Property, or Taxable City Property.

“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. DATA FOR ANNUAL TAX LEVY

Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel Numbers for all Parcels of Taxable Property within the CFD. The Administrator shall also determine: (i) within which Tax Zone each Parcel is located; (ii) whether each Parcel of Taxable Property is Developed Property, Open Space Property, Taxable City Property, or Undeveloped Property; (iii) whether each Parcel of Developed Property is Single Family Detached Property, Multi-Family Residential Property, High Density Residential Property, Commercial Property, Industrial Property, Office Property, or Mixed-Use Property; and (iv) the Administrative Expenses, DA Services Budget, and Lighting and Landscape Maintenance Budget for the then-current Fiscal Year. For Packet Page 720 of 742Attachment 4 Page 12 of 18

City of Fairfield CFD 2023-2 Report Page 13
Multi-Family Residential Property and High-Density Residential Property, the number of Residential Units shall be determined by referencing the condominium plan, site plan or other such development plan.

In any Fiscal Year, if it is determined that: (i) a Final Map or parcel map for a portion of property in the CFD was recorded after the last date upon which the Assessor will incorporate the newly-created Parcels into the then current tax roll; (ii) because of the date the Final Map or parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the Final Map or parcel map; and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly- created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or parcel map.

C. MAXIMUM SPECIAL TAX

1. Developed Property

In any Fiscal Year, the Maximum Special Tax for a Parcel of Developed Property shall be the sum of the Maximum CFD Administration Component, Maximum DA Services Component, and Maximum Lighting and Landscape Maintenance Component. For Tax Zone 1, such amounts shall be determined by reference to Table 1 below. For property that annexes into the CFD, amounts may be determined for one or more Special Tax Components by creating a separate Tax Zone for such annexed property.

Alternatively, property may be annexed into Tax Zone 1 or another Tax Zone that was established prior to the annexation, and such property shall be subject to the Maximum Tax Components applicable to that Tax Zone.

Table 1
Maximum Special Tax for Developed Property in Tax Zone 1

Special Tax
Category
Maximum CFD
Administration
Component
(in Fiscal Year
2023-24)*
Maximum
DA Services
Component
(In Fiscal Year
2023-24)*
Maximum Lighting
and Landscape
Maintenance
Component
(in Fiscal Year
2023-24)*
Single Family
Detached Property
$134.39 per
Residential Unit
$1,088.82 per
Residential Unit
$880.29 per
Residential Unit
Multi-Family
Residential Property
$92.08 per
Residential Unit
$746.11 per
Residential Unit
$603.22 per
Residential Unit
High Density
Residential
Property
$89.73 per
Residential Unit
$727.04 per
Residential Unit
$587.81 per
Residential Unit
Commercial Property $0.036 per
Square Foot
$0.300 per
Square Foot
$0.240 per
Square Foot
Packet Page 721 of 742Attachment 4 Page 13 of 18

City of Fairfield CFD 2023-2 Report Page 14
Special Tax
Category
Maximum CFD
Administration
Component
(in Fiscal Year
2023-24)*
Maximum
DA Services
Component
(In Fiscal Year
2023-24)*
Maximum Lighting
and Landscape
Maintenance
Component
(in Fiscal Year
2023-24)*
Industrial Property $0.006 per
Square Foot
$0.024 per
Square Foot
$0.024 per
Square Foot
Office Property $0.012 per
Square Foot
$0.096 per
Square Foot
$0.084 per
Square Foot
Mixed-Use Property
For a Parcel of Mixed-Use Property, the Maximum Special Tax shall be the sum of the amounts calculated for each Maximum Tax Component by applying that Maximum Tax Component to the individual land uses on the Parcel.
* On July 1, 2024 and each July thereafter, all dollar amounts shown in Table 1 above shall be increased by the Escalation Factor.

2. Undeveloped Property and Taxable City Property

In any Fiscal Year, the Maximum Special Tax for a Parcel of Undeveloped Property shall be the sum of the Maximum CFD Administration Component, Maximum DA Services Component, and Maximum Lighting and Landscape Maintenance Component. For Tax Zone 1, such amounts shall be determined by reference to Table 2 below. For property that annexes into the CFD, different amounts may be determined for one or more Special Tax Component by creating a separate Tax Zone for such annexed property. Alternatively, property may be annexed into Tax Zone 1 or another Tax Zone that was established prior to the annexation, and such property shall be subject to the Maximum Tax Components applicable to that Tax Zone.

Table 2
Maximum Special Tax for Undeveloped Property and Taxable City Property in Tax Zone 1

Special Tax
Category
Maximum CFD
Administration
Component
(in Fiscal Year
2023-24)*
Maximum DA
Services
Component
(in Fiscal Year
2023-24)*
Maximum Lighting
and Landscape
Maintenance
Component
(in Fiscal Year
2023-24)*
Undeveloped Property $773.60 per Acre $59.97 per Acre $5,065.03 per Acre Taxable City Property $773.60 per Acre $59.97 per Acre $5,065.03 per Acre * On July 1, 2024 and each July thereafter, all dollar amounts shown in Table 2 above shall be increased by the Escalation Factor.

Packet Page 722 of 742Attachment 4 Page 14 of 18

City of Fairfield CFD 2023-2 Report Page 15

3. Open Space Property

The Maximum Special Tax for Open Space Property for Fiscal Year 2023-24 shall be made up solely of a Maximum DA Services Component of $11.99 per Acre, which amount shall be adjusted on July 1, 2024 and each July 1 thereafter by the Escalation Factor.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES

Each Fiscal Year, the Administrator shall coordinate with the City to determine the Administrative Expenses, DA Services Budget, and Lighting and Landscape Maintenance Budget for that Fiscal Year. The Administrator shall then apply the steps below to determine the Special Tax levy for each Parcel of Taxable Property:

Step 1: The CFD Administration Component shall be levied Proportionately on each Parcel of Developed Property in all Tax Zones up to 100% of the Maximum CFD Administration Component until the amount levied is equal to the Administrative Expenses for the Fiscal Year. The DA Services Component shall be levied Proportionately on each Parcel of Developed Property and Open Space Property in all Tax Zones up to 100% of the Maximum DA Services Component until the amount levied is equal to the DA Services Budget for the Fiscal Year. In addition, the Lighting and Landscape Maintenance Component shall be levied Proportionately on each Parcel of Developed Property in all Tax Zones up to 100% of the Maximum Lighting and Landscape Maintenance Component until the amount levied is equal to the Lighting and Landscape Maintenance Budget for the Fiscal Year.

Step 2: If additional revenue is needed after Step 1 to pay Administrative Expenses, the CFD Administration Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum CFD Administration Component for each Parcel for such Fiscal Year until the amount levied, when combined with the amount levied pursuant to Step 1, is equal to the Administrative Expenses. If additional revenue is needed after Step 1 to pay the DA Services Budget, the DA Services Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum DA Services Component until the amount levied, when combined with the amount levied pursuant to Step 1, is equal to the DA Services Budget for the Fiscal Year. If additional revenue is needed after Step 1 to pay the Lighting and Landscape Maintenance Budget, the Lighting and Landscape Maintenance Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum Lighting and Landscape Maintenance Component until the amount levied, when combined with the amount levied Packet Page 723 of 742Attachment 4 Page 15 of 18

City of Fairfield CFD 2023-2 Report Page 16
pursuant to Step I, is equal to the Lighting and Landscape Maintenance Budget for the Fiscal Year.

The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and the Special Tax shall be equally subject to foreclosure if delinquent. For Taxable City Property, the Administrator shall determine the aggregate amount to be levied in any Fiscal Year against all Parcels of Taxable City Property, and a tax bill for such amount shall be sent to the City's Finance Director. The Special Tax shall be levied in perpetuity as necessary to pay the DA Services Budget, Lighting and Landscape Maintenance Budget, and/or Administrative Expenses.

E. EXEMPTIONS

No Special Tax shall be levied on Parcels of Public Property, Affordable Housing, or Welfare Exemption Property.

F. INTERPRETATION OF SPECIAL TAX FORMULA

The City may interpret, clarify, and revise this RMA to correct any inconsistency, vagueness, or ambiguity, by resolution and/or ordinance that does not materially affect the levy and collection of the Special Taxes. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.

Packet Page 724 of 742Attachment 4 Page 16 of 18

City of Fairfield CFD 2023-2 Report A

EXHIBIT A – BOUNDARIES OF CFD 2023-2

Packet Page 725 of 742Attachment 4 Page 17 of 18

T4
T1
T8 T7
T5
T3
PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2023-2(TRAIN STATION SPECIFIC PLAN II)

CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA
.

Site
Vicinity Map
T r a v i s A v
Walters RdAir Base Pkwy A StDavis StDover AvAlamo Dr
McCrory Rd
Peabody RdRivera RdF r y Rd
North Gate RdW 80E80Site
FILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2023-2(TRAIN STATION SPECIFIC PLAN II), CITY OF FAIRFIELD, COUNTY OFSOLANO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITYCOUNCIL OF THE CITY OF FAIRFIELD AT A REGULAR MEETING,THEREOF, HELD ON THE ____________ DAY OF ____________, 20___,BY ITS RESOLUTION NO. ___________________. _______________________________________CITY CLERKCITY OF FAIRFIELD FILED THIS _________________ DAY OF _________________, 20___,AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.

GLENN ZOOK, ASSESSOR/RECORDER
_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIA THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.

THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.

SHEET 1 OF 1
Legend
Proposed Boundaries
Map Reference Number1 VANDEN ROADONE LAKE DRIVE

LAKE TRAIL
2 10
6 9
MAP REFERENCE NUMBER ASSESSOR'S PARCEL NUMBER(S)1 0166-020-28020166-020-29030166-420-01040166-420-02050166-420-03060166-420-18070166-420-36080166-420-39090166-480-010 to 0166-480-470100166-490-010 to 0166-490-230 Packet Page 726 of 742Attachment 4 Page 18 of 18

EXHIBIT B

City of Fairfield
Community Facilities District No. 2023-2
(Train Station Specific Plan II)

DESCRIPTION OF SERVICES

The services (Services) described below are proposed to be financed by City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) (CFD).

DEVELOPMENT AGREEMENT SERVICE COMPONENTS

A. Public Safety Services, police protection services, fire and suppression services, and paramedic services
B. Public Open Space Operation and Maintenance
C. Public Parks Operation and Maintenance
D. Public Cemeteries Operation and Maintenance

LIGHTING AND LANDSCAPE

Operation and Maintenance of public landscaping, linear parks, storm drainage basins, streetlights, pump stations, and the public lake.

CFD ADMINISTRATIVE EXPENSES

All services and administration shall be provided by the City of Fairfield with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City.

The cost of the services shall include the estimated and reasonable costs of providing services, including but not limited to: (i) the costs of contracting for services, (ii) the salaries and benefits of City staff, if the City directly provides services, (iii) the expense related to equipment, apparatus, and supplies related to the services and authorized by the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and (iv) a proportionate share of City overhead costs associated with providing the services.

The cost of the services shall also include incidental expenses, including the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, and costs incurred in order to carry out the authorized purposes of the District.

Packet Page 727 of 742Attachment 5 Page 1 of 2

All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City.

Nothing in this description of services or any resolution of the city council shall be construed as committing the City or the CFD to provide all of the authorized Services. The provision of Services shall be subject to the successful formation of the CFD and the availability of sufficient proceeds of special taxes within the CFD.

Packet Page 728 of 742Attachment 5 Page 2 of 2

EXHIBIT C

City of Fairfield
Community Facilities District No. 2023-2
(Train Station Specific Plan II)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax applicable to each Assessor's Parcel in the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD, unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:

"Accessory Unit" means a second residential unit of limited size (e.g., granny cottage, second unit) that shares a Parcel with a single-family detached unit.

"Acre" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.

"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, of Title 5 of the Government Code of the State of California.

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to administration of the CFD: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof, or both); the costs of collecting Special Taxes; the costs to the City, CFD, or any designee thereof of complying with City, CFD, or obligated persons disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, Packet Page 729 of 742Attachment 6 Page 1 of 11

protests, or appeals regarding the Special Tax; the City's annual administration fees and third party expenses; and any other incidental costs authorized by the Act. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD, including attorney's fees and costs associated with annexations to the CFD. In addition, all services and administration shall be provided by the City of Fairfield (the "City"), with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. The cost of the Services shall include the estimated and reasonable costs of providing services, including but not limited to: (i) the costs of contracting for services, (ii) the salaries and benefits of City staff, if the City directly provides services, (iii) the expense related to equipment, apparatus, and supplies related to the services and authorized by the Act, and (iv) a proportionate share of City overhead costs associated with providing the services.
“Administrator" means an official of the City, or any designee thereof, responsible for providing for the levy and collection of the Special Tax.

“Affordable Housing” means for each Fiscal Year, any Residential Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost due to a regulatory agreement of no less than 15 years, restricting 100% of the Residential Unit(s) on the Assessor’s Parcel of Developed Property to be affordable to households that are extremely low to low income, as defined in Health and Safety Code Section 50079.5. The City will have the authority to approve and establish policies regarding Affordable Housing and their status.

"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.

"Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel Number.

"Assessor's Parcel Number" means a unique number assigned to an Assessor's Parcel by the County Assessor for purposes of identifying a property.

"Building Permit" means a single permit or set of permits required to construct a residential or non-residential structure. If a permit is issued for a foundation, parking, landscaping or other related facility or amenity, but a building permit has not yet been issued for the structure served by these facilities or amenities, such permit shall not be considered a "Building Permit" for purposes of application of the Special Tax herein.

"CFD" means the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II).

Packet Page 730 of 742Attachment 6 Page 2 of 11

"CFD Administration Component" means the component of the Maximum Special Tax that is designated to pay for Administrative Expenses.

"CFD Formation" means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.

"City" means the City of Fairfield.

"City Council" means the City Council of the City of Fairfield, acting as the legislative body of the CFD.

"Commercial Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing such products and services. The City shall make the determination as to whether a Parcel is Commercial Property.

"County" means the County of Solano.

"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year.

"DA" means the applicable development agreement between the City and a developer, including all exhibits and attachments, and as may be amended from time to time.

"DA Services Budget" means, in any Fiscal Year, the City's estimate of DA Services Costs and any amounts for a reserve fund for DA Services Costs that will be funded by the DA Services Component.

"DA Services Component" means the component of the Maximum Special Tax that is designated to pay for DA Services Costs.

"DA Services Costs" means the following public services as determined by the City: (i) public safety services; (ii) maintenance and operation of public open space land; (iii), maintenance and operation of public parks and public open space, and (iv) operation and maintenance of public cemeteries.

"Escalation Factor" means, in any Fiscal Year, the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland- Packet Page 731 of 742Attachment 6 Page 3 of 11

San Jose area, for the prior 12-month period (April to April) as determined by the Bureau of Labor Statistics.

"Final Map" means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots.

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

"High Density Residential Property" means, in any Fiscal Year, all Parcels of Developed Property, which are not Affordable Housing, for which a Building Permit was issued for construction of a residential structure with five or more Residential Units that share a single Assessor's Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.

"Industrial Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for construction of an industrial, manufacturing, or warehousing structure.

The City shall make the determination as to whether a Parcel is Industrial Property.

"Lighting and Landscape Maintenance Budget" means, in any Fiscal Year, the City's estimate of Lighting and Landscape Maintenance Costs and any amounts for a reserve fund for Lighting and Landscape Maintenance costs that will be funded by the Lighting and Landscape Maintenance Component.

"Lighting and Landscape Maintenance Component" means the component of the Maximum Special Tax that is designated to pay for Lighting and Landscape Maintenance Costs.

"Lighting and Landscape Maintenance Costs" means the costs of maintenance and operation of landscaping, linear parks, storm drainage basins, street lights, pump stations, and/or the public lake.

"Maximum CFD Administration Component" means the greatest amount that can be levied on a Parcel in any Fiscal Year to pay for Administrative Expenses, as set forth in Section C below.

“Maximum DA Services Component" means the greatest amount that can be levied on a Parcel in any Fiscal Year to pay for DA Services Costs, as set forth in Section C below.

"Maximum Lighting and Landscape Maintenance Component" means the greatest amount that can be levied on a Parcel in any Fiscal Year to pay for Lighting and Landscape Maintenance Costs, as set forth in Section C below.

Packet Page 732 of 742Attachment 6 Page 4 of 11

"Maximum Special Tax" means, collectively for a Parcel, the Maximum CFD Administration Component, Maximum DA Services Component, and Maximum Lighting and Landscape Maintenance Component for such Parcel.

"Maximum Tax Component" means, for a Parcel, any one of the following components of the Maximum Special Tax for such Parcel: CFD Administration Component, DA Services Component, or Lighting and Landscape Maintenance Component.

"Mixed-Use Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for construction of a structure that includes a combination of residential and non-residential land uses.

"Multi-Family Residential Property" means, in any Fiscal Year, all Parcels of Developed Property, which are not Affordable Housing, for which a Building Permit was issued for construction of a residential structure consisting of two or more Residential Units that share common walls, have separate Assessor's Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor's Parcel with another duplex unit), and are offered as for- sale Residential Units (which shall still be the case even if the Residential Units are purchased and subsequently offered for rent by the owner of such Residential Unit(s)), including residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.

"Office Property" means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued for a building in which professional, banking, insurance, real estate, administrative or in-office medical or dental activities are conducted. The City shall make the determination as to whether a Parcel is Office Property.

"Open Space Property" means, in any Fiscal Year, all Parcels within the CFD that: (i) are designated as permanent open space, (ii) are not Public Property, and (iii) have been assigned Assessor's Parcel Numbers.

"Proportionately" means, for Developed Property and Open Space Property, that the ratio of the actual Special Tax Component levied in any Fiscal Year to the Maximum Tax Component authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property and Open Space Property. For Undeveloped Property and Taxable City Property, "Proportionately" means that the ratio of the actual Special Tax Component levied in any Fiscal Year to the Maximum Tax Component authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Undeveloped Property and Taxable City Property.

Packet Page 733 of 742Attachment 6 Page 5 of 11

"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

"Residential Unit" means: (i), for Single Family Detached Property an individual single-family detached unit, (ii) for Multi-Family Residential Property, an individual dwelling unit within a duplex, halfplex, triplex, fourplex, townhome, live/work or condominium structure, and (iii) for High Density Residential Property, an individual apartment unit. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a separate Residential Unit for purposes of this RMA.

"RMA" means this Rate and Method of Apportionment of Special Tax.

"Single Family Detached Property" means, in any Fiscal Year, all Parcels of Developed Property, which is not Affordable Housing, for which a Building Permit was issued for construction of a Residential Unit that does not share a common wall with another Residential Unit.

"Special Tax" means any tax levied within the CFD to pay one or more of the following:

Administrative Expenses, DA Services Costs, and/or Lighting and Landscape Maintenance Costs.

"Special Tax Component" means, separately, the CFD Administration Component, the DA Services Component, or the Lighting and Landscape Maintenance Component.

"Square Foot" means, for Commercial Property, Office Property, Industrial Property, and non- residential uses on Mixed-Use Property, each individual square foot within the net leasable square footage shown on the condominium plan, construction drawings, architectural designs, or other such plan for the building.

"Taxable City Property" means, in any Fiscal Year, any Parcel within the boundaries of the CFD that is (i) owned by the City at CFD Formation, (ii) expected to be transferred to a developer for private development, and (iii) based on this expectation, has been included in the CFD boundary and is subject to the levy of Special Taxes. Each Fiscal Year, the Administrator shall coordinate with the City to determine which City-owned Parcels are Taxable City Property.

"Taxable Property" means all Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section E below.

Packet Page 734 of 742Attachment 6 Page 6 of 11

"Tax Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All of the property within the CFD at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to the CFD, and different amounts for one or more Maximum Tax Components may be identified for property within the new Tax Zone at the time of such annexation.

"Tax Zone 1" means the property included in the CFD at CFD Formation and any property that is subsequently annexed into Tax Zone 1.

"Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property in the CFD that are not Developed Property, Open Space Property, or Taxable City Property.

“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. DATA FOR ANNUAL TAX LEVY

Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel Numbers for all Parcels of Taxable Property within the CFD. The Administrator shall also determine: (i) within which Tax Zone each Parcel is located; (ii) whether each Parcel of Taxable Property is Developed Property, Open Space Property, Taxable City Property, or Undeveloped Property; (iii) whether each Parcel of Developed Property is Single Family Detached Property, Multi-Family Residential Property, High Density Residential Property, Commercial Property, Industrial Property, Office Property, or Mixed-Use Property; and (iv) the Administrative Expenses, DA Services Budget, and Lighting and Landscape Maintenance Budget for the then-current Fiscal Year. For Multi-Family Residential Property and High-Density Residential Property, the number of Residential Units shall be determined by referencing the condominium plan, site plan or other such development plan.

In any Fiscal Year, if it is determined that: (i) a Final Map or parcel map for a portion of property in the CFD was recorded after the last date upon which the Assessor will incorporate the newly- created Parcels into the then current tax roll; (ii) because of the date the Final Map or parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the Final Map or parcel map; and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or parcel map.

Packet Page 735 of 742Attachment 6 Page 7 of 11

C. MAXIMUM SPECIAL TAX

1. Developed Property

In any Fiscal Year, the Maximum Special Tax for a Parcel of Developed Property shall be the sum of the Maximum CFD Administration Component, Maximum DA Services Component, and Maximum Lighting and Landscape Maintenance Component. For Tax Zone 1, such amounts shall be determined by reference to Table 1 below. For property that annexes into the CFD, amounts may be determined for one or more Special Tax Components by creating a separate Tax Zone for such annexed property. Alternatively, property may be annexed into Tax Zone 1 or another Tax Zone that was established prior to the annexation, and such property shall be subject to the Maximum Tax Components applicable to that Tax Zone.

Table 1
Maximum Special Tax for Developed Property in Tax Zone 1

Special Tax
Category
Maximum CFD
Administration
Component
(in Fiscal Year 2023-
24)*
Maximum
DA Services
Component
(In Fiscal Year
2023-24)*
Maximum Lighting
and Landscape
Maintenance
Component
(in Fiscal Year 2023-
24)*
Single Family
Detached Property
$134.39 per
Residential Unit
$1,088.82 per
Residential Unit
$880.29 per
Residential Unit
Multi-Family
Residential Property
$92.08 per
Residential Unit
$746.11 per
Residential Unit
$603.22 per
Residential Unit
High Density
Residential
Property
$89.73 per
Residential Unit
$727.04 per
Residential Unit
$587.81 per
Residential Unit
Commercial Property $0.036 per
Square Foot
$0.300 per
Square Foot
$0.240 per
Square Foot
Industrial Property $0.006 per
Square Foot
$0.024 per
Square Foot
$0.024 per
Square Foot
Office Property $0.012 per
Square Foot
$0.096 per
Square Foot
$0.084 per
Square Foot
Mixed-Use Property For a Parcel of Mixed-Use Property, the Maximum Special Tax shall be the sum of the amounts calculated for each Maximum Tax Component by Packet Page 736 of 742Attachment 6 Page 8 of 11

applying that Maximum Tax Component to the individual land uses on the Parcel.
* On July 1, 2024 and each July thereafter, all dollar amounts shown in Table 1 above shall be increased by the Escalation Factor.

2. Undeveloped Property and Taxable City Property

In any Fiscal Year, the Maximum Special Tax for a Parcel of Undeveloped Property shall be the sum of the Maximum CFD Administration Component, Maximum DA Services Component, and Maximum Lighting and Landscape Maintenance Component. For Tax Zone 1, such amounts shall be determined by reference to Table 2 below. For property that annexes into the CFD, different amounts may be determined for one or more Special Tax Component by creating a separate Tax Zone for such annexed property. Alternatively, property may be annexed into Tax Zone 1 or another Tax Zone that was established prior to the annexation, and such property shall be subject to the Maximum Tax Components applicable to that Tax Zone.

Packet Page 737 of 742Attachment 6 Page 9 of 11

Table 2
Maximum Special Tax for Undeveloped Property and Taxable City Property in Tax Zone 1

Special Tax Category
Maximum CFD
Administration
Component
(in Fiscal Year 2023-
24)*
Maximum DA
Services
Component
(in Fiscal Year 2023-
24)*
Maximum Lighting and
Landscape Maintenance
Component
(in Fiscal Year 2023-24)*
Undeveloped Property $773.60 per Acre $59.97 per Acre $5,065.03 per Acre Taxable City Property $773.60 per Acre $59.97 per Acre $5,065.03 per Acre * On July 1, 2024 and each July thereafter, all dollar amounts shown in Table 2 above shall be increased by the Escalation Factor.

3. Open Space Property
The Maximum Special Tax for Open Space Property for Fiscal Year 2023-24 shall be made up solely of a Maximum DA Services Component of $11.99 per Acre, which amount shall be adjusted on July 1, 2024 and each July 1 thereafter by the Escalation Factor.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES

Each Fiscal Year, the Administrator shall coordinate with the City to determine the Administrative Expenses, DA Services Budget, and Lighting and Landscape Maintenance Budget for that Fiscal Year. The Administrator shall then apply the steps below to determine the Special Tax levy for each Parcel of Taxable Property:

Step 1: The CFD Administration Component shall be levied Proportionately on each Parcel of Developed Property in all Tax Zones up to 100% of the Maximum CFD Administration Component until the amount levied is equal to the Administrative Expenses for the Fiscal Year. The DA Services Component shall be levied Proportionately on each Parcel of Developed Property and Open Space Property in all Tax Zones up to 100% of the Maximum DA Services Component until the amount levied is equal to the DA Services Budget for the Fiscal Year. In addition, the Lighting and Landscape Maintenance Component shall be levied Proportionately on each Parcel of Developed Property in all Tax Zones up to 100% of the Maximum Lighting and Landscape Maintenance Component until the amount levied is equal to the Lighting and Landscape Maintenance Budget for the Fiscal Year.

Step 2: If additional revenue is needed after Step 1 to pay Administrative Expenses, the CFD Administration Component shall be levied Proportionately on each Parcel of Packet Page 738 of 742Attachment 6 Page 10 of 11

Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum CFD Administration Component for each Parcel for such Fiscal Year until the amount levied, when combined with the amount levied pursuant to Step 1, is equal to the Administrative Expenses. If additional revenue is needed after Step 1 to pay the DA Services Budget, the DA Services Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum DA Services Component until the amount levied, when combined with the amount levied pursuant to Step 1, is equal to the DA Services Budget for the Fiscal Year. If additional revenue is needed after Step 1 to pay the Lighting and Landscape Maintenance Budget, the Lighting and Landscape Maintenance Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum Lighting and Landscape Maintenance Component until the amount levied, when combined with the amount levied pursuant to Step I, is equal to the Lighting and Landscape Maintenance Budget for the Fiscal Year.

The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and the Special Tax shall be equally subject to foreclosure if delinquent. For Taxable City Property, the Administrator shall determine the aggregate amount to be levied in any Fiscal Year against all Parcels of Taxable City Property, and a tax bill for such amount shall be sent to the City's Finance Director. The Special Tax shall be levied in perpetuity as necessary to pay the DA Services Budget, Lighting and Landscape Maintenance Budget, and/or Administrative Expenses.

E. EXEMPTIONS

No Special Tax shall be levied on Parcels of Public Property, Affordable Housing, or Welfare Exemption Property.

F. INTERPRETATION OF SPECIAL TAX FORMULA

The City may interpret, clarify, and revise this RMA to correct any inconsistency, vagueness, or ambiguity, by resolution and/or ordinance that does not materially affect the levy and collection of the Special Taxes. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.

Packet Page 739 of 742Attachment 6 Page 11 of 11

CITY OF FAIRFIELD

RESOLUTION NO. 2023-205

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD CALLING A SPECIAL ELECTION

AND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-2 (TRAIN STATION SPECIFIC PLAN II) PROPOSITIONS

REGARDING THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF

A SPECIAL TAX

WHEREAS, on July 18, 2023, the City Council of the City of Fairfield held a public hearing (Public Hearing) on the establishment of Community Facilities District No. 2023-2 (Train Station Specific Plan II) (CFD 2023-2 or District); and

WHEREAS, following the Public Hearing, the council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Fairfield Establishing the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) and an Appropriations Limit Therefor, Authorizing the Levy of a Special Tax Therein, and Submitting the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (Resolution of Formation) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (Special Tax) on prop erty within the District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (Act); and

WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and

WHEREAS, the city clerk has advised the council that the City has received a statement from the Registrar of Voters of the County of Solano that no persons are registered to vote in the territory of the District.

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

Section 1. Recitals. The above recitals are all true and correct.

Section 2. Call of Election. The council hereby calls and schedules a special election for October 17, 2023, or as soon thereafter, to consider the proposition described in Section 3 below.

Section 3. Proposition.

Packet Page 740 of 742Attachment 7 Page 1 of 3

RES. NO. 2023-205

a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.

b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied, and the appropriations limit may be established as provided for in the Resolution of Formation.

c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the city clerk and by this reference incorporated herein.

d. The proposition to be submitted to the voters of the District at such special election shall be as follows:

“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Fairfield to Establish City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II), to Establishing an Appropriations Limit therefor, Authorizing the Levy of a Special Tax Therein, and Submitting the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II), to pay for public safety services and operation and maintenance of public open space, parks, cemeteries, lighting and landscape, CFD administration, and incidental expenses, thereto, and shall the appropriations limit be established, all as set forth in the Resolution of Formation?” Section 4. Electors Determined. The council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.

Section 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the city clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

Packet Page 741 of 742Attachment 7 Page 2 of 3

RES. NO. 2023-205

Section 6. Election Procedures. The procedures to be followed in conducting the sp ecial election on the proposition described in Section 3 shall be as provided in the Resolution of Formation.

PASSED AND ADOPTED this 18th day of July, 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 742 of 742Attachment 7 Page 3 of 3