Agenda, first session — Fairfield City Council, October 3, 2023

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION Worship Pastor Alex English, Fairfield Church of Christ PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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PRESENTATIONS

1.Proclamation Declaring Fire Prevention Week Presented by Mayor Catherine "Cat" Moy Contact:Karen Rees, (707) 428 7767
a

2.Proclamation Declaring Water Professionals Week Presented by Councilmember Rick Vaccaro Contact:Karen Rees, (707) 428 7767
a

3.Proclamation Declaring Digital Inclusion Week Presented by Councilmember K. Patrice Williams
Contact:Karen Rees, (707) 428 7767
a

4.Proclamation Declaring Cyber Security Month Presented by Councilmember Doug Carr Contact:Karen Rees, (707) 428 7767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

5.Approval of Meeting Minutes from August 2023
Recommended Action
Approve the meeting minutes.

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

6.Second Reading of Ordinance 202311 of the City Council of the City of Fairfield Establishing a Safe Parking Program, Permit Process, and Adopting Operational Standards Recommended Action
Provide second reading and adopt Ordinance 202311.

Funding Source
N/A
Contact:April Cobb, (707) 4287609
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7.Resolution 2023249 of the City Council of the City of Fairfield Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2023 2024 Funding Year of the State Emergency Solutions Grant Program, Balance of State Allocation Notice of Funding Availability
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Delaney Lydon, (707) 4287679
a

8.Minute Action Amending the Landscape Oversight Committee Guidelines and Duties Recommended Action
Receive and file report.

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

9.Resolution 2023250 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Third Amendment to the Disposition and Development Agreement Between the City of Fairfield and Lionext, Inc.

Recommended Action
Adopt resolution.

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

10.Resolution 2023251 of the City Council of the City of Fairfield Approving the Second Amendment to Lease Agreement Between the City and TMobile West, LLC, for the Cellular Site Located at 1000 Cement Hill Road, More Commonly Known as Laurel Creek Park Recommended Action
Adopt resolution.

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

11.Resolution 2023252 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 2 to a Professional Services Agreement Between the City of Fairfield and West Yost Associates for OnCall Water System Geographic Information System Updates and Hydraulic Modeling Services
Recommended Action
Adopt resolution.

Funding Source
$75,000; Water Enterprise Fund
Contact:Michael J. Hether, (707) 4287493
a

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, OCTOBER 3, 2023; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Worship Pastor Alex English, Fairfield Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Fire Prevention Week Presented by Mayor Catherine "Cat" MoyContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Water Professionals Week Presented by Councilmember Rick VaccaroContact:Karen Rees, (707) 428 7767a3.Proclamation Declaring Digital Inclusion Week Presented by Councilmember K. PatriceWilliamsContact:Karen Rees, (707) 428 7767a4.Proclamation Declaring Cyber Security Month Presented by Councilmember Doug CarrContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.5.Approval of Meeting Minutes from August 2023Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a6.Second Reading of Ordinance 202311 of the City Council of the City of Fairfield Establishing aSafe Parking Program, Permit Process, and Adopting Operational StandardsRecommended ActionProvide second reading and adopt Ordinance 202311.Funding SourceN/AContact:April Cobb, (707) 4287609a7.Resolution 2023249 of the City Council of the City of Fairfield Approving an Application forFunding and the Execution of a Grant Agreement and Any Amendments Thereto from the 20232024 Funding Year of the State Emergency Solutions Grant Program, Balance of StateAllocation Notice of Funding AvailabilityRecommended ActionAdopt resolution.Funding SourceN/AContact:Delaney Lydon, (707) 4287679a8.Minute Action Amending the Landscape Oversight Committee Guidelines and DutiesRecommended ActionReceive and file report.Funding SourceN/AContact:David Gassaway, (707) 4287400a9.Resolution 2023250 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Third Amendment to the Disposition and Development Agreement Between theCity of Fairfield and Lionext, Inc.Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a10.Resolution 2023251 of the City Council of the City of Fairfield Approving the SecondAmendment to Lease Agreement Between the City and TMobile West, LLC, for the CellularSite Located at 1000 Cement Hill Road, More Commonly Known as Laurel Creek ParkRecommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a11.Resolution 2023252 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Amendment No. 2 to a Professional Services Agreement Between the City of Fairfieldand West Yost Associates for OnCall Water System Geographic Information System Updatesand Hydraulic Modeling ServicesRecommended ActionAdopt resolution.Funding Source$75,000; Water Enterprise FundContact:Michael J. Hether, (707) 4287493 a

12.Resolution 2023253 of the City Council of the City of Fairfield Approving Acceptance of the California Office of Traffic Safety 20232024 Selective Traffic Enforcement Program (STEP) Grant and Approval of Activities to Reduce Traffic Collisions and Fatalities Due to Unsafe Driving
Recommended Action
Adopt resolution.

Funding Source
$219,000; Special Programs Fund
Contact:Dan Marshall, (707) 4287374
a
NEW BUSINESS

13.Minute Action Approving Appointments to the Landscape Oversight Committee Recommended Action
Approve appointments. Perform oath of office.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a
ADJOURN TO TUESDAY, OCTOBER 17, 2023, 6:00 P.M., COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, September 27, 2023.

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Agenda Item No: 5.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from August 2023
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Closed Session Minutes, and City Council Minutes for August 2023 have been approved by the city attorney and need council approval.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 5.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from August 2023RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Closed Session Minutes, and City Council Minutes for August 2023 have beenapproved by the city attorney and need council approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Closed Session Minutes 8152023
City Council Minutes 8152023
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/18/2023 4:46 PM
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, AUGUST 15, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

AGENDA

MINUTES

CALL TO ORDER

Mayor Cat Moy called the meeting to order. Roll was called.

Present in person were Councilmembers Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, Doug Carr, Vice Mayor Pam Bertani, and Mayor Cat Moy. Also present were City Attorney Brandi Robinson, City Manager David Gassaway, Housing Services Director LaTanna Jones, and Senior Management Analyst Latanya Terrones

No members of the public were present. No one asked to speak at public comment either in person or via Zoom.

The City Council went into closed session on Item #1:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property: 421 Madison Street (Sem Yeto) (APN: 0030-275-010) Agency negotiator: David Gassaway, LaTanna Jones, La Tanya Terrones Negotiating parties: Community Housing Opportunities (CHOC) and Partnerbuilt LLC Under negotiation: Consideration of Letter of Intent from Negotiating Parties

The City came out of the closed session and went back into the open session. Mayor Moy adjourned the meeting.

______________________________
City Attorney
________________________________
Mayor

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CONCURRENT MEETING
TUESDAY, AUGUST 15, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine Moy called the meeting to order at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.

INVOCATION

Worship Pastor Lilia Dardon of I Am Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Vaccaro led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams reported that Thompson’s Corner Saloon was defaced by someone who painted racial slurs on the building. She said racial hate is unacceptable and hopes that the person is apprehended. She said Fairfield is one of the top 20 most diverse cities in the United States, and there is no room for hate here.

Councilmember Tonnesen reported that the St. Mark’s backpack giveaway event was successful. He encouraged residents to attend the 31st Annual Tomato & Vine Festival in downtown Fairfield on August 19 and 20.

Councilmember Vaccaro said his thoughts and prayers were with the people of Maui, Hawaii , during the devastating fires. He asked for people to try to donate if possible.

Councilmember Panduro reported she attended the Asian Pacific Islander American Public Affairs Association (APAPA) Solano County Chapter 8th Anniversary and Celebration of Young Leaders on August 11. She thanked Chris Lewis in Public Works for hosting Sophia Bernabe, an APAPA intern, this summer. Panduro said seeing so many young leaders in Solano County was great . Next, she thanked Police Chief Dan Marshall for his stellar community engagement—he attended more events over the past weekend than everyone on the dais combined! She thanked the Police staff for always attending community events.

Vice Mayor Bertani thanked all of the churches that participated in the recent Fairfield Clergy Action Network (CAN) event (“A Religious Extravaganza”) held at Travis Air Force Base. She shared that it was the first annual event but won’t be the last!

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Councilmember Carr thanked everyone for attending the meeting. He also thanked Executive Office Manager Kelly Ballard for her great job scheduling his many meetings and events. Next, he thoroughly enjoyed attending National Night Out events on August 1, his first year as a councilmember. He thanked the Police Department for driving them from one event to the next. Lastly, he reported he attended the California Association of Sanitation Agencies August 9-11 in San Diego. He commented that it was very educational.

Mayor Moy thanked Police Officer Cade Beckwith and other staff members for taking kids to buy school supplies recently. During the event, Officer Beckwith encountered a homeless student living in a car with her mother and assisted them in finding housing. She thanked him profusely and said she was grateful for him and his colleagues saving lives daily.

CITY MANAGER REPORT

City Manager David Gassaway introduced new Homeless Services Manager Samantha Burrows, who joined the City of Fairfield on August 14 with over 20 years of experience in the field. Next, he reported that a new auditing firm was hired to audit the LLMD ballot tabulation by NBS Consultants on June 7.

Three discrepancies were found after that audit. It was determined a new audit was necessary to preserve the integrity of the process, although the audit results did not change. Wildan Engineering will conduct the audit in the Council Chamber on August 21 at 10 a.m., open to the public. He will report the results to the council in September. Lastly, he stated there were two changes to the agenda. He requested that Items 18 and 20 be pulled from the agenda and brought back to Council in September.

CITY ATTORNEY REPORT

City Attorney Brandi Robinson reported that the council approved a compromise and release settlement in claim no. FFL2300049 in the amount of $90,000. City Council approved the settlement at the closed session meeting of the City Council on July 18, 2023.

1. Settlement Announcement of Worker’s Compensation Claim and Release for Marna Rollins in the amount of $90,000 (Claim No. FFL2300049).

CITY CLERK REPORT

City Clerk Karen Rees reported that the newly formed Landscape Oversight Committee still needs Districts 2 and 5 applicants. She shared that two seats are still open on the Youth Commission.

PRESENTATIONS

2. Fairfield 101 Civic Academy Employee Graduation presented by Deputy City Clerk Esther Beavers.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming Downtown Theatre events.

Margaret McQueen requested a new wall be built behind the DMV’s Office.

Richard Cruz introduced himself as the representative for Local 180 Carpenter’s Union.

William Penn spoke about possibly starting a scholarship for low-income students.

Bret Barner and June Johnsen asked for an update on the peafowl situation in Rolling Hills. City Manager Packet Page 9 of 98Attachment 2 Page 2 of 6

Gassaway stated staff would report back at the September 5 council meeting.

Beth Hampton made a pro-life statement.

Kelly Grimm thanked Public Works for quick response to the Casa Nova Mobile Home Park. They repainted the wall that was tagged with graffiti.

Convened meeting of the Housing Authority at 6:40 p.m.

City Clerk Rees read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

ROLL CALL

On roll call were Commissioners Carr, Panduro, Tonnesen, Vaccaro, Williams, Vice Chair Bertani, and Chair Moy.

HOUSING AUTHORITY CONSENT CALENDAR

3. Resolution HA2023-05 of the Fairfield Housing Authority Approving the Fourth Amendment to the Disposition and Development Agreement by and Among the Fairfield Housing Authority, Affordable Housing Alliance II, Incorporation, and Sutton Place Development Co rporation for Land Located at 1600 Woolner Avenue (Parkside Flat), Fairfield, CA

Councilmember Carr made a motion to approve Resolution HA2023-05. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7-0).

Convened meeting of the Successor Agency to the Fairfield Redevelopment Agency Successor Agency at 6:42 p.m.

NEW BUSINESS

4. Director of Finance John Furtado recommended to Council that it approve Resolution SA2023-01 of the Successor Agency to the Fairfiel d Redevelopment Agency Approving the Issuance of Tax Allocation Refunding Bonds to Refinance Outstanding Bonds of the Former Redevelopment Agency, Approving the Form of and Execution and Delivery of an Indenture of Trust and Other Documents, Requesting Oversight Board Approval of the Issuance of the Refunding Bonds, and Providing Other Matters Relating to the Issuance of the Refunding Bonds.

No one from the public requested to speak.

Mayor Moy made a motion to approve Resolution SA2023-01. Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

Reconvened meeting of the City Council at 6:46 p.m.

CONSENT CALENDAR

5. Approval of Meeting Minutes from July 2023

6. Minute Action Approving the Letter of Support for the City of Benicia’s Request to the State Legislature to Increase Solano County’s Sales Tax Cap Rate from 9.25% to 9.75% Packet Page 10 of 98Attachment 2 Page 3 of 6

7. Resolution 2023-206 of the City Council of the City of Fairfield Approving the Response to the 2022-2023 Solano County Civil Grand Jury Report Entitled, “Solano County Emergency Dispatch Report”

8. Resolution 2023-207 of the City Council of the City of Fairfield Updating the Files Management Manual Records Retention Schedule into a Citywide Retention Schedule

9. Resolution 2023-208 of the City Council of the City of Fairfield Authorizing the City Manager to appoint the Homeless Services Manager to the Technical Advisory Committee for the CAP Solano JPA with the Homeless Services Management Analyst as the Alternate

10. Resolution 2023-209 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield – Village I – Unit 2 Subdivision as Complete

11. Resolution 2023-210 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield – Village II – Lot 1 Subdivision as Complete

12. Resolution 2023-211 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision as Complete

13. Resolution 2023-212 of the City Council of the City of Fairfield Approving the Plans and Specifications, Awarding a Contract to Bear Electrical Solutions, Inc. for the Fairfield Adaptive System Traffic Signal Improvement Project, Federal Aid Project No. HSIPL 5132(050), and Authorizing an Update to the Fiscal Year 2023-2024 Budget

14. Resolution 2023-213 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Brighton Place) to Community Facilities District No. 2012-2 and Autho rizing the Levy of Special Taxes Therein for Annexation No. 64

15. Resolution 2023-214 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement (Regional Transportation Impact Fee) Between the City of Fairfield and Solano Transportation Authority for the Canon Road Rail Overcrossing Interim and Near-Term Improvements Project; and

Resolution 2023-215 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement (Regional Transportation Impact Fee) Between the City of Fairfield and Solano Transportation Authority for the West Texas Complete Streets Project and Authorizing an Update to the Fiscal Year 2023-2024 Budget

16. Resolution 2023-216 of the City Council of the City of Fairfield Approving the Amended Vehicle and Equipment Purchases for the Fiscal Year 2023-2024 and Authorizing an Update to the Fiscal Year 2023-2024 Budget

Vice Mayor Bertani made a motion to approve the Consent Calendar. Councilmember Vaccaro seconded the motion. The motion carried unanimously (7-0).

NEW BUSINESS

17. Minute Action Approving Mayor’s Appointments to the Rockville Hills Regional Park Citizen Advisory Committee

Councilmember Panduro made a motion to approve Mayor Moy’s appointments to Rockville Hills Regional Park Citizen Advisory Committee. Councilmember Carr seconded the motion. The motion carried Packet Page 11 of 98Attachment 2 Page 4 of 6

unanimously (7-0).

City Clerk Rees administered the Oath of Office to new Advisory Committee Members Vince Guisande and Claude Winfree.

Item 18 was pulled by City Manager Gassaway and will be brought back to a September Council meeting.

18. Minute Action Approving Mayor’s Appointments to the Landscape Oversight Committee

19. Parks & Recreation Director Kristina Kaunzinger recommended to Council that it approve Resolution 2023-217 of the City Council of the City of Fairfield Authorizing the City Manager to Negotiate Golf Course Management Agreement with Touchstone Golf.

Rick Johnson, Mark Luthman, Steve Garretson, James Birchall, Jeremy Goldblatt, Carol Hummel, David Baker, and Skip Devine spoke on Item 19.

Mayor Moy made a motion to approve Resolution 2023-217. Councilmember Carr seconded the motion.

The motion carried unanimously (7-0).

Item 20 was pulled by City Manager Gassaway and will be brought back to a September Council meeting.

20. Resolution 2023-218 of the City Council of the City of Fairfield Allowing the City of Fairfield to Hire Lynette Syme as a Part-Time Senior Transportation Technician Retired Annuitant Without a Six-Month Break in Service

PUBLIC HEARINGS

21. Senior Planner Jonathan Atkinson recommend to Council that it open the Public Hearing; and approve one of the three options regarding the Green Valley 3 Apartment Project:

Option 1:

Resolution 2023-219 of the City Council of the City of Fairfield Approving a General Plan Amendment (GPA2021-001), Development Review (DR2021-013), and Certifying an Environmental Impact Report (ER2021-036) for the Green Valley 3 Apartments Project Involving a Multifamily Residential Development with 185 Apartments on Approximately 5.78 acres at 4840 Business Center Drive (APN: 0148540350); and

First Reading and Introduction of an Ordinance 2023-10 of the City Council o f the City of Fairfield Amending Chapter 25, Article I of the Fairfield City Code, also known as the City of Fairfield Zoning Map, to Rezone one parcel at 4840 Business Center Drive (APN: 0148-540- 350) from Industrial Business Park – North Cordelia Overlay (IBP – NC) District to Residential, Very High Density – North Cordelia Overlay (RVH – NC) District

Option 2:

Resolution 2023-220 of the City Council of the City of Fairfield Denying a General Plan Amendment (GPA2021-001), Zone Change (ZC2021-003), and Development Review (DR2021-013) for the Green Valley 3 Apartments Project Involving a Multifamily Residential Development with 185 Apartments on Approximately 5.78 acres at 4840 Business Center Drive (APN: 0148-540-350)

Option 3:

Continue the Public Hearing to a Future Date After the Council has Provided Direction on a Land Use Alternative for Cordelia as Part of the General Plan Update Mayor Moy opened the public hearing.

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Carol Chervinko, Jared Neumayr, Nora Dizon, Bob Gutierrez, Harvey Shein, Brenda Nikolia, Joe Green - Heffern, William Penn, Brian Flynn (via Zoom) and Scot Sheldon spoke on Item 21.

Applicant and Regional Director of A.G. Spanos Corporation Nicolas Ruhl spoke at length about the project.

Councilmember Tonnesen made a motion to choose Option 1, approving Resolution 2023-219, waiving the first reading and introduction of Ordinance 2023 -10, and reading by title only. Councilmember Vaccaro seconded the motion. The motion carried 5-2, with Mayor Moy and Councilmember Williams voting no, as they preferred Option 3.

22. Public Hearing and; Resolution 2023-221 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the City of Fairfield Administrative Hearing Determination Regarding Delinquent Transient Occupancy and Tourism Tax Assessment/Super 8 Motel located at 2170 North Texas Street, Fairfield, CA 94533-323021 Owners: Shri Guru Hari, LLC and Shri Mahant, LLC and Marie Parunjanwala

Mayor Moy opened the public hearing.

City Clerk Rees announced Item #22 and read the title. City Attorney Brand i Robinson announced that because she and her law firm colleagues would be assisting the City Finance Director John Furtado on the matter, advice to the City Council as Joanne Tran, an attorney with the firm of Castillo, Moriarty, Tran & Robinson, would handle the hearing body. Ms. Robinson left the dais to assist the City Finance Director, and Ms. Tran took the City Attorney’s seat on the dais to advise the City Council.

Mayor Moy called the hearing to order. Current owner/Appellant Sunil Khatri and Nev ille Parujanwala from Quality Inn Motel were present with attorney Frank A. Weiser. City Finance Director John Furtado was present with City Attorneys Brandi Robinson and Christopher J. Dykzeul, and City Attorney David Lim appeared via the Zoom remote platform.

Mr. Furtado presented a brief overview of the issues. Mr. Weiser presented arguments for Quality Inn Motel. Mr. Dykzeul presented arguments for the City. Councilmembers asked follow-up questions to both parties. Mr. Furtado answered follow-up questions on behalf of the City. No members of the public spoke on this issue.

Mayor Moy closed the public hearing and brought the matter back before the City Council.

Councilmember Carr moved to deny the appeal, and Councilmember Tonnesen seconded the motion .

The motion was approved 7-0.

ADJOURNED AT 10:05 P.M. TO TUESDAY, SEPTEMBER 5, 2023, 6:00 P.M., COUNCIL CHAMBER.

____________________________
Mayor

____________________________
City Clerk
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Agenda Item No: 6.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Second Reading of Ordinance 202311 of the City Council of the City of Fairfield Establishing a Safe Parking Program, Permit Process, and Adopting Operational Standards
RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202311.

STATEMENT OF ISSUE
On September 5, 2023, the City Council held a public hearing and approved the first reading of an ordinance that would establish a Safe Parking Program, permit process, and adopt operational standards.

DISCUSSION
The council has prioritized a goal of addressing homelessness and the impacts of homelessness on the community. In 2018, the council recognized the lack of shelter threatened the health and safety of homeless individuals and acted by adopting Resolution 2018223 declaring the existence of a shelter crisis in the City of Fairfield pursuant to Government Code Section 8698.2. In 2022, Council adopted Urgency Ordinance 202211 to implement an Emergency Homeless Shelter Program.

Safe Parking Programs offer interim assistance to households using vehicles as their residence by providing a safe place to park, access to restroom facilities, resources and access to social service programs, and other supports to transition into permanent, stable housing.

Surveys completed by several California counties report that people who live in their vehicles do not identify as being homeless. Safe parking provides the City more accurate and up to date data on the number of homeless individuals in the city and increases capacity to meet the needs of the homeless population. This permit process and operational standards give City staff the ability to establish regulations and monitor safe parking host sites to ensure the welfare of participants.

A Safe Parking Program provides a legal pathway for property owners in Fairfield to provide safe parking as an ancillary use to the primary permitted use of the following facilities:

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A Safe Parking Program provides a legal pathway for property owners in Fairfield to provide safe parking as an ancillary use to the primary permitted use of the following facilities:

Community Assembly
Cultural Facility
Government Building
Public Use or Public Safety Facility
Quasipublic
Social Service Center
Property owners who wish to participate must provide the Homeless Services Division with a Safe Parking permit application, a site management and operations plan, and agree to a one year term of conditions outlined in the Safe Parking Program Ordinance. Management and operations plans shall include a:

Security monitoring plan
Participant screening process
Location and hours of operations (minimum of 10 hours)
Number of parking spaces available and number of participants Types of vehicles permitted (maximum of 10 per site)
Emergency point of contact visible at host site
Waste Disposal Plan
The Safe Parking operational requirements align with Urgency Ordinance 202211 to ensure a safe and secure environment for the city’s most vulnerable population.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the ordinance. However, this is not recommended, as this ordinance aligns with the City’s efforts to increase opportunities to transition individuals to permanent, stable housing.

STAFF CONTACT
April Cobb, Management Analyst I
(707) 4287609
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Fire Department, Police Department, Public Works Department
ATTACHMENTS:

Description
Ordinance 202311
Safe Parking Permit Application
REVIEWERS:

Reviewer Action Date
Packet Page 15 of 98

Agenda Item No: 6.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Second Reading of Ordinance 202311 of the City Council of the City of FairfieldEstablishing a Safe Parking Program, Permit Process, and Adopting OperationalStandardsRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202311.STATEMENT OF ISSUEOn September 5, 2023, the City Council held a public hearing and approved the first reading of anordinance that would establish a Safe Parking Program, permit process, and adopt operationalstandards.DISCUSSIONThe council has prioritized a goal of addressing homelessness and the impacts of homelessness onthe community. In 2018, the council recognized the lack of shelter threatened the health and safety ofhomeless individuals and acted by adopting Resolution 2018223 declaring the existence of a sheltercrisis in the City of Fairfield pursuant to Government Code Section 8698.2. In 2022, Council adoptedUrgency Ordinance 202211 to implement an Emergency Homeless Shelter Program.Safe Parking Programs offer interim assistance to households using vehicles as their residence byproviding a safe place to park, access to restroom facilities, resources and access to social serviceprograms, and other supports to transition into permanent, stable housing.Surveys completed by several California counties report that people who live in their vehicles do notidentify as being homeless. Safe parking provides the City more accurate and up to date data on thenumber of homeless individuals in the city and increases capacity to meet the needs of the homelesspopulation. This permit process and operational standards give City staff the ability to establishregulations and monitor safe parking host sites to ensure the welfare of participants.A Safe Parking Program provides a legal pathway for property owners in Fairfield to provide safeparking as an ancillary use to the primary permitted use of the following facilities:Community AssemblyCultural FacilityGovernment BuildingPublic Use or Public Safety FacilityQuasipublicSocial Service CenterProperty owners who wish to participate must provide the Homeless Services Division with a SafeParking permit application, a site management and operations plan, and agree to a one year term ofconditions outlined in the Safe Parking Program Ordinance. Management and operations plans shallinclude a:Security monitoring planParticipant screening processLocation and hours of operations (minimum of 10 hours)Number of parking spaces available and number of participantsTypes of vehicles permitted (maximum of 10 per site)Emergency point of contact visible at host siteWaste Disposal PlanThe Safe Parking operational requirements align with Urgency Ordinance 202211 to ensure a safe andsecure environment for the city’s most vulnerable population.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to adopt the ordinance. However, this is not recommended, as thisordinance aligns with the City’s efforts to increase opportunities to transition individuals to permanent,stable housing.STAFF CONTACTApril Cobb, Management Analyst I(707) 428[email protected] WITHCity Attorney's Office, City Manager's Office, Community Development Department, FireDepartment, Police Department, Public Works DepartmentATTACHMENTS:DescriptionOrdinance 202311Safe Parking Permit Application REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/18/2023 11:10 AM
Beavers, Esther Approved 9/18/2023 11:16 AM
Packet Page 16 of 98

CITY OF FAIRFIELD

ORDINANCE NO. 2023-11

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING A SAFE

PARKING PROGRAM, PERMIT PROCESS, AND ADOPTING OPERATIONAL STANDARDS

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

SECTION 1. The City Council finds as follows:

A. On September 4, 2018, the City Council adopted Resolution 2018-223, finding that the health and safety of homeless individuals in Solano County was threatened by a lack of shelter and declaring the existence of a shelter crisis in the City of Fairfield pursuant to Government Code Section 8698.2.

B. In 2019, the Supreme Court allowed Martin v. Boise to stand, ruling that cities cannot enforce anti-camping ordinances if they do not have enough homeless shelter beds available for their homeless population.

C. In 2020, the Fairfield City Council adopted a formal Homeless Strategy to focus resources and consolidate and coordinate services for the City's homeless population including the formal creation of a Homeless Services Division in the City Manager’s Office to manage the City’s response to homelessness.

D. A study conducted in January of 2022 indicated there were 1,179 individuals in Solano County who are homeless, and that 23% of those individuals are living in vehicles.

E. In 2020, the City Council adopted an Urgency Ordinance No. 2022-11, implementing a temporary shelter services program to be provided within existing churches, places of worship, and other assembly uses, in order to respond to the immediate need for shelter for people experiencing homelessness within the Fairfield community.

F. There are insufficient housing options available in the City to provide adequate shelter for the City’s unsheltered homeless population.

G. Safe parking sites within the City could be utilized to provide a safe place to park for individuals who are using their vehicles as shelter, access to restroom facilities, connection to social service programs, and other support to transition into permanent stable housing.

H. Based on the findings above, the City Council finds that there is a current and immediate need to establish a safe parking site permit program to operate safe parking sites in the City, in order to mitigate unsafe parking to individuals using vehicles for shelter and welfare by the lack of available shelter. The establishment of a Safe Parking Program Packet Page 17 of 98Attachment 1 Page 1 of 7

ORD. NO. 2023-11

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permit will ensure that host sites will operate in a safe manner to protect those using safe parking and connect them to resources for stable and permanent housing. The City Council finds and determines that the preservation of public health, safety, and welfare requires an Ordinance be enacted. This Ordinance needs to become effective in order to allow the safe provision of those using their vehicles as shelter or at risk of becoming homeless.

SECTION 2. A new chapter 5E, “Safe Parking Program” is hereby added to read as follows:

CHAPTER 5E – SAFE PARKING PROGRAM

5E.1 Purpose and Applicability. The purpose of this section is to establish regulations to govern the operation of safe parking host sites within the City of Fairfield to ensure the safety and welfare of individuals using their vehicles as shelter and to adopt performance standards and permitting guidelines for the safe parking host sites.

5E.2 Permit Required. No safe parking host site shall be established or maintained unless and until a safe parking host site permit has been issued by the Homeless Services Division Manager or their designee.

5E.3 Permit Application. Any person or organization desiring to operate a safe parking program under this section shall submit a safe parking host site permit application to the Homeless Services Division. The application shall be in writing and include the following:

A. Location. A safe parking host site is permitted for commercial, industrial, and residential areas provided they are located in conjunction with an existing and properly permitted community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center, quasi- public facility, and safe parking site host permit as provided in subsection (B) of this section.

B. Ministerial Safe Parking Host Site Permit. A safe parking host site shall not be established or maintained unless a ministerial safe parking site host permit has been issued.

1. Scope. The safe parking host site shall allow safe parking as an ancillary use to the permitted primary community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center. Any physical modification or expansion of facilities associated with a safe parking site shall require a separate fire and life safety inspection.

2. Submittal Requirements. An application for the safe parking host site permit shall be submitted to the Homeless Services Division, and shall include the following:

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a. A site plan showing the proposed location of required facilities listed in subsection (D)(f), parking spaces designated for safe parking, and setback to adjacent properties as required per subsection (D)(j).

b. A site management and operations plan describing the proposed functions of the site, including:

i. A list of other uses conducted on the site and their hours of operation, demonstrating that the primary use will not
conflict with the safe parking use;

ii. The number of safe parking spaces provided and the day and hours the spaces will be available for safe parking, pursuant to site zoned parking regulation;

iii. A description of program management, including
procedures for site monitoring, participant screening, and provision of facilities and services;

iv. A description of how waste disposal, including both greywater disposal and trash disposal, shall be managed by the host site according to best management practices;

v. A description of how the site will meet the performance standards as provided in subsection (D).

vi. Any additional or supplemental information as is
reasonably necessary to verify or clarify that the proposal meets the requirements of this chapter or any other
provision of the Fairfield Municipal Code, or to determine appropriate permit conditions or limitations.

C. Inspection Requirement. Prior to the approval of a safe parking host site permit, City staff shall perform an inspection of the site to ensure compliance with the safe parking site standards and reserves the right to make unannounced site inspections at any time.

D. Safe Parking Host Site Standards. The zoning administrator or designee shall issue a safe parking host site permit when the applicant has demonstrated that they would meet all the following performance standards:

a. Operation. Safe parking host sites shall be operated as an ancillary use subordinate to or part of the principal use at an existing facility.

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b. Approved Site Management and Operations Plan. Safe parking host sites shall have a site management and operations plan approved by the Homeless Services Division Manager or their designee.

c. Hours of Operation. On any night that safe parking is offered, a safe parking host site shall operate for a minimum of ten (10) hours. The specific hours of operation for each site, including additional hours up to and including 24-hour operation, shall be established with approval of the safe parking host site permit and zone parking regulation of the original purpose of the site.

d. Types of Vehicles Permitted. Safe Parking host sites shall be used only by operable cars, recreational vehicles (RVs), and vans that have received a valid permit from the site operator to park at specific safe host parking site.

For the purposes of this subsection, “operable” shall mean that the vehicle, is not missing any significant component part, and can be driven on and off site without assistance.

e. Maximum Number of Participants. No more than ten (10) inhabited vehicles shall be allowed to park at a safe parking host site at one time. The number of people permitted in a vehicle should be equivalent to the number of seats in the vehicle, unless otherwise authorized.

f. Facilities. Restroom, potable water, and trash facilities shall be provided, maintained in a clean and orderly manner, and accessible to participants on the site during safe parking hours.

g. Security. Safe Parking host site shall provide staff, trained in security and fire watch, to monitor parking activities during safe parking hours of operation.

h. Vehicle Clearances. A minimum clearance of six (6) feet shall be maintained between any vehicle used for safe parking and any other vehicle.

i. Fire Safety. Fire extinguishers and combination smoke/carbon monoxide detectors shall be required within each RV. Communal fire extinguisher(s) shall be provided such that there is one fire extinguisher located within 75 feet of each inhabited vehicle.

j. Circulation. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established circulation patterns on site. The site shall maintain adequate emergency vehicle access and access to fire protection systems, as determined by the Fire Marshal or their designee.

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k. Setbacks from Property Lines. Designated safe parking spaces for cars, RV’s and vans and any outside portable facilities, shall be located a minimum of ten (10) feet from any property line.

l. Setbacks from Buildings. All vehicles shall be located at least 10 feet from any other building or structure located on the property.

m. Noise. Safe parking host sites shall observe quiet hours between 10:00 pm and 7:00 am pursuant to Fairfield Municipal Code 25.1403. Use of generators shall be prohibited during quiet hours.

n. Posting. The site address and phone number for representative of the site operator shall be posted in a visible location on the safe parking site.

o. Exterior Storage Prohibited. Outdoor storage around parked vehicles shall be prohibited. Tents, tarps, and other temporary outdoor shelters, either affixed to a participant’s vehicle or freestanding, shall be prohibited.

p. Fire Prohibited. Fires, heaters, barbeque grills, and other outdoor cooking or warming appliances shall be prohibited.

E. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance and each and every subsection, sentence clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional. The courts are hereby authorized to reform the provisions of this Ordinance in order to preserve the maximum permissible effect of each subsection herein.

5E.4 Permit Issuance or Denial. The Manager of the Homeless Services Division shall issue an emergency safe parking host site permit except in the following circumstances:

A. The application is incomplete, or information contained in the application is found to be false in any material detail.

B. The application fails to demonstrate an ability to operate a safe parking site while meeting the requirements in this Chapter.

5E.5 No Permit Fee Required. No fee shall be required for the processing of a safe parking host site permit application or issuance of a safe parking host site permit.

5E.6 Term. Any Safe Parking Program host site permit issued under this Chapter shall expire one (1) year after issuance. At least thirty (30) days prior to the expiration of any safe parking host site permit, the permit holder may apply for renewal of the permit or for a new permit by contacting the Manager of the Homeless Services Division.

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5E.7 Permit Suspension and Revocation. The Manager of the Homeless Services Division may suspend or revoke a safe parking host site permit issued under this chapter. The following shall constitute grounds for suspension or revocation:

A. A violation of any of the grounds upon which the Manager of the Homeless Services Division may refuse to issue a permit listed in Section 5E.3.

B. A violation of federal or state law or any provision of the Fairfield Municipal Code relating to the permit or the provision of the Safe Parking Program.

5E.8. Appeals.

A. An applicant or permittee that is aggrieved by a decision of the Manager of the Homeless Services Division or their designee with respect to a permit condition, denial, suspension, or revocation may appeal the decision by filing a written notice thereof with the City Clerk within 10 calendar days after receipt of notice of the decision. The notice of appeal shall set forth the reasons why the decision should be reversed or modified.

B. In the event an appeal is filed to challenge a suspension or revocation, the suspension or revocation shall remain in effect until the final decision has been rendered by the City Manager or their designee.

C. The City Manager or their designee shall serve as the Hearing Officer. The Hearing Officer shall consider a timely-filed appeal no later than 30 days from the date the appeal is filed. The appellant shall be notified in writing of the time and place set for the hearing.

D. Hearings shall be conducted in accordance with the procedures established by the Hearing Officer. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to relay in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.

E. Unless otherwise specifically provided by law, in any hearing under this chapter the burden is on the appellant to prove that the determination of the Manager of the Homeless Services Division or their designee was unreasonable and an abuse of discretion.

F. The Hearing Officer shall, within 10 days of the conclusion of the hearing, issue a written decision on the appeal supported by findings. On the date of the decision, notice thereof shall be mailed to the appellant. The decision of the Hearing Officer shall be final.

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G. The Hearing Officer shall, within 10 days of the conclusion of the hearing, issue a written decision on the appeal supported by findings. On the date of the decision, notice thereof shall be mailed to the appellant. The decision of the Hearing Officer shall be final.

SECTION 3. This Ordinance shall go into effect 30 days following its adoption by the City Council and shall remain in effect until repealed by City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance wi th Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 5th day of September, 2023, and

PASSED AND ADOPTED this 3rd day of October, 2023, by the following vote:

AYES: Councilmembers: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS__

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
Packet Page 23 of 98Attachment 1 Page 7 of 7

Updated 07/24/2023 Page 1 of 2
City of Fairfield

SAFE PARKING PERMIT - APPLICATION
Homeless Services Division, 1000 Webster Street, Fairfield, CA 94533 Telephone: 707-428-7609

PROJECT INFORMATION
PROGRAM NAME (If Applicable): ADDRESS / LOCATION OF SAFE PARKING SITE USE:

PRIMARY CONTACT: ADDITIONAL LOCATION(S) IF ANY:

DURATION OF SAFE PARKING USE:

Operation Date & Time: (Start) to (End)
BRIEF DESCRIPTION OF SAFE PARKING OPERATIONS: ESTIMATED NUMBER OF PARTICIPANTS:

TYPICAL SUBMITTAL ITEMS (as determined by the project planner):
 Site Plan
 Site Management and Operations Plan
 Submitted Zoning Review and Building Inspection
 Emergency Response Safety Plans
 Certificate of Insurance
APPLICANT / OPERATOR NAME: APPLICANT / OPERATOR ADDRESS: CITY / STATE / ZIP:

E-MAIL ADDRESS: PHONE NUMBER:
( )
PROPERTY OWNER / AUTHORIZED AGENT NAME: OWNER / AGENT ADDRESS: CITY / STATE / ZIP:

PROPERTY OWNER / AUTHORIZED AGENT’S TITLE: E-MAIL ADDRESS: PHONE NUMBER:
( )

OWNER’S SIGNATURE

In signing this application, I, as the property owner/authorized agent (circle one), have the full legal capacity to, and hereby do, authorize the filing of this application. I have read and agree to abide by the regulations and conditions of approval listed on this a pplication. I understand that any misrepresentation of submitted data may invalidate any approval of this application. If the use is not operated in compliance with these regulations, the permit may be revoked by the Permit Administrator.

PROPERTY OWNER / AUTHORIZED AGENT SIGNATURE: DATE:

APPLICANT’S SIGNATURE

I declare under penalty of perjury that all of the submitted information is true and correct to the best of my knowledge and belief. I have read and agree to abide by the regulations and conditions of approval listed on this application. I understand that any misrepresentation of submitted data may invalidate any approval of this application. If the use is not operated in compliance with these regula tions, the permit may be revoked by the Permit Administrator.

APPLICANT / OPERATOR SIGNATURE: DATE:

FOR CITY USE ONLY
SAFE PARKING PERMIT NO.: ADMIN ASSIGNED: DATE RECEIVED:

Packet Page 24 of 98Attachment 2 Page 1 of 2

Updated 07/24/2023 Page 2 of 2
City of Fairfield

SAFE PARKING PERMIT - APPLICATION
(continued)

FOR CITY USE ONLY
PROGRAM NAME: LAND USE PERMIT NO.:

PERMIT ADMINISTRATOR ACTION:  APPROVED BY:  DENIED BY: DATE OF ACTION:

SIGNED APPROVAL FROM THE FOLLOWING DEPARTMENTS (as determined by the permit administrator):
 Planning Division
1000 Webster Street
(707) 428-7461
PRINTED NAME: AUTHORIZED SIGNATURE / DATE:
 Code Enforcement Division
1000 Webster Street
(707) 428-7587
PRINTED NAME: AUTHORIZED SIGNATURE / DATE:
 Fire Marshal
1000 Webster Street
(707) 428-7550
PRINTED NAME: AUTHORIZED SIGNATURE / DATE:
 Chief Building Official
1000 Webster Street
(707) 428-7442
PRINTED NAME: AUTHORIZED SIGNATURE / DATE:
 Homeless Services Division
1000 Webster Street
(707) 428-7679
PRINTED NAME: AUTHORIZED SIGNATURE / DATE:

CONDITIONS OF APPROVAL

1. The safe parking use authorized by this approval shall be in substantial conformance with the written description and project plan sheets date-stamped approved on , unless modified herein.

2. The safe parking use shall not be transferable to any firm, individual, or other address. Any substantial change or modification of the project application or conditions will necessitate the filing of a new safe parking permit application as determined by the Permit Administrator.

3. The permit shall be valid for one year from the date of issuance. The safe parking permit shall expire one year from the date of issuance and a new permit must be obtained for use after the one-year period.

4. If necessary, to ensure the public health, safety, and welfare, the Permit Administrator may impose additional operating conditions and restrictions upon the proposed project.

5. The permit may be revoked by the Permit Administrator effective immediately upon verbal or written notice of violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the applicant/permit operator within two working days.

6. If a building permit is required, the Building Safety Division shall review and approve all building permit plans prior to issuance of the building permit.

7. I authorize the City and related Divisions to conduct random and scheduled inspections of operations to ensure life and safety requirements are adhered to. (Applicant Initial)

Additional Project Specific Conditions:

Packet Page 25 of 98Attachment 2 Page 2 of 2

Agenda Item No: 7.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023249 of the City Council of the City of Fairfield Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 20232024 Funding Year of the State Emergency Solutions Grant Program, Balance of State Allocation Notice of Funding Availability RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Due to the nature of our local housing crisis as well as the lack of availability in local emergency shelter options, there is a need and demand for capacity to be able to temporarily place our homeless community in motel rooms as an alternative “inbetween” prior to transitioning into an emergency shelter. Funding from the State Emergency Solutions Grant (ESG) Program, Balance of State Allocation, if awarded, would support this effort by providing adequate temporary stays at a local hotel in the area when facing these issues.

The Solano County Point In Time (PIT) Count shows 1,179 homeless individuals in the county.

Approximately 300 of those individuals are homeless in the City of Fairfield. Fairfield is also the county seat and many of the available resources are accessed here. The City of Fairfield has referral ability to 61 emergency shelter beds. There is a significant gap in resources for the community.

DISCUSSION
The City of Fairfield Homeless Services Division (HSD) in partnership with Fairfield Police Homeless Intervention Team (HIT) has two years of experience operating the ESG proposed activity of referring and placing homeless individuals in a motel as an interim solution until a shelter bed is available or if permanent or stable housing is established.

In 2021, The Way Home Program was established to assist with bridge resources, including motel vouchers, to reduce and prevent homelessness. In 2023, the City received a Solano Public Health Grant to provide temporary shelter for lowresourced individuals needing to isolate due to positive COVID19 test results. Also, in 2023, the City of Fairfield received funding from United Way Bay Area for the provision of shelter when local emergency shelter beds are unavailable. Approximately, 40 people were Packet Page 26 of 98

Agenda Item No: 7.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023249 of the City Council of the City of Fairfield Approving an Applicationfor Funding and the Execution of a Grant Agreement and Any Amendments Theretofrom the 20232024 Funding Year of the State Emergency Solutions Grant Program,Balance of State Allocation Notice of Funding AvailabilityRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEDue to the nature of our local housing crisis as well as the lack of availability in local emergency shelteroptions, there is a need and demand for capacity to be able to temporarily place our homelesscommunity in motel rooms as an alternative “inbetween” prior to transitioning into an emergencyshelter. Funding from the State Emergency Solutions Grant (ESG) Program, Balance of StateAllocation, if awarded, would support this effort by providing adequate temporary stays at a local hotelin the area when facing these issues.The Solano County Point In Time (PIT) Count shows 1,179 homeless individuals in the county.Approximately 300 of those individuals are homeless in the City of Fairfield. Fairfield is also the countyseat and many of the available resources are accessed here. The City of Fairfield has referral ability to61 emergency shelter beds. There is a significant gap in resources for the community.DISCUSSIONThe City of Fairfield Homeless Services Division (HSD) in partnership with Fairfield Police HomelessIntervention Team (HIT) has two years of experience operating the ESG proposed activity of referringand placing homeless individuals in a motel as an interim solution until a shelter bed is available or ifpermanent or stable housing is established.In 2021, The Way Home Program was established to assist with bridge resources, including motelvouchers, to reduce and prevent homelessness. In 2023, the City received a Solano Public Health Grant to provide temporary shelter for lowresourced individuals needing to isolate due to positive COVID19 test results. Also, in 2023, the City of Fairfield received funding from United Way Bay Area for the provision of shelter when local emergency shelter beds are unavailable. Approximately, 40 people were served in these programs with an 80% success rate in providing housing resources, emergency shelter, and permanent stable housing.

The proposed Homeless Emergency Shelter Bridge Assistance (HESBA) Program will continue to assist individuals and families who are homeless or at risk of becoming homeless.

FINANCIAL IMPACT
There is no fiscal impact currently as the execution of this agreement is a requirement of the grant application. Funding has not been awarded yet.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolution. However, this is not recommended, as this resolution aligns with the City’s efforts to increase opportunities to transition individuals into permanent, stable housing.

STAFF CONTACT
Delaney Lydon, Administrative Assistant
(707) 4287679
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/18/2023 5:00 PM
Beavers, Esther Approved 9/18/2023 5:01 PM
Packet Page 27 of 98

CITY OF FAIRFIELD

RESOLUTION NO. 2023-249

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AN APPLICATION

FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2023-2024 FUNDING YEAR OF THE STATE EMERGENCY SOLUTIONS

GRANT PROGRAM, BALANCE OF STATE ALLOCATION NOTICE OF FUNDING AVAILABILITY

A necessary quorum and majority of the council members of the City of Fairfield (Applicant) hereby consent to, adopt and ratify the following resolution:

WHEREAS, the State of California (State), Department of Housing and Community Development (Department) issued a Notice of Funding Availability (NOFA) for the Balance of State Allocation dated July 28, 2023, under the Emergency Solutions Grants (ESG) Program; and whereas;

SECTION 1:

Applicant is an approved Applicant by their Continuum of Care under the Balance of State Allocation and is hereby authorized and directed to receive an ESG grant, in an amount not to exceed $160,000 in accordance with all applicable rules and laws.

SECTION 2:

The Department may approve funding allocations for the ESG Program, subject to the terms and conditions of the NOFA, Program regulations, and the Standard Agreement. The Applicant acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 3:

If applicant receives a grant of ESG funds from the Department pursuant to the above-referenced ESG NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the ESG Program, as well as any and all other contracts Applicant may have with the Department.

SECTION 4:

The Applicant hereby authorizes and directs the City Manager, or designee, to execute and deliver all applications and act on the Applicant’s behalf in all matters pertaining to all such applications.

SECTION 5
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RES. NO. 2023-249

Page 2 ends

If an application is approved, the City Manager, or designee, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of this gran t.

SECTION 6
If an application is approved, the city manager, or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

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

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

Section 2. The city manager, or designee, is hereby authorized and directed to receive the Balance of State Emergency Solutions Grant and do all things necessary and proper to implement the grant award.

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

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

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

PASSED AND ADOPTED at a regular meeting of the City of Fairfield City Council this 3rd day of October, 2023, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

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RES. NO. 2023-249

Page 3 ends

I, KAREN REES, am the CITY CLERK of the CITY OF FAIRFIELD, MUNICIPALITY, and as such, am familiar with the facts herein and do hereby certify as follows:

1. That the CITY is a MUNICIPALITY, duly formed, validly existing and duly qualified to transact business in the State of California, with full power and authority to enter into agreements with the Department of Housing and Community Development (Department)

____________________________
By: KAREN REES, CITY CLERK
Date: October 3, 2023

Packet Page 30 of 98Attachment 1 Page 3 of 3

Agenda Item No: 8.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Amending the Landscape Oversight Committee Guidelines and Duties RECOMMENDED ACTION
Receive and file report.

STATEMENT OF ISSUE
On September 5, 2023, the City Council provided direction on the selection process for the Landscape Oversight Committee (Committee).

DISCUSSION
On February 21, 2023, the council adopted Resolution 202326 establishing the Landscape Oversight Committee. Resolution 202326 and the Landscape Oversight Committee Guidelines and Duties are unclear on how committee members are selected. Under the Guidelines and Duties, the Application/Recruitment Process states, “the standard recruitment process that is used for all other existing City boards, commissions and committees will be utilized to conduct the recruitment of applications for the committee,” while under the Selection of Members section, it states, “the mayor and city council will appoint their respective committee members.” Questions arose about which process should be followed.

On September 5, 2023, the council directed City staff to amend the Guidelines and Duties to clarify that councilmembers will select someone from their respective district, and the mayor will select an atlarge position. The Committee will have a representative from each of the six districts (e.g., the applicant must live within the district boundary), and one representative will be atlarge. The Committee will meet quarterly and provide a council report on a quarterly basis.

The council will approve the attached amended Guidelines through minute action.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Packet Page 31 of 98

Agenda Item No: 8.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Amending the Landscape Oversight Committee Guidelines and DutiesRECOMMENDED ACTIONReceive and file report.STATEMENT OF ISSUEOn September 5, 2023, the City Council provided direction on the selection process for the LandscapeOversight Committee (Committee).DISCUSSIONOn February 21, 2023, the council adopted Resolution 202326 establishing the Landscape OversightCommittee. Resolution 202326 and the Landscape Oversight Committee Guidelines and Duties areunclear on how committee members are selected. Under the Guidelines and Duties, theApplication/Recruitment Process states, “the standard recruitment process that is used for all otherexisting City boards, commissions and committees will be utilized to conduct the recruitment ofapplications for the committee,” while under the Selection of Members section, it states, “the mayor andcity council will appoint their respective committee members.” Questions arose about which processshould be followed.On September 5, 2023, the council directed City staff to amend the Guidelines and Duties to clarify thatcouncilmembers will select someone from their respective district, and the mayor will select an atlargeposition. The Committee will have a representative from each of the six districts (e.g., the applicantmust live within the district boundary), and one representative will be atlarge. The Committee will meetquarterly and provide a council report on a quarterly basis.The council will approve the attached amended Guidelines through minute action.FINANCIAL IMPACTN/A PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The seven vacancies for seats on the Committee were advertised in the Daily Republic newspaper on March 29, 2023, posted on the City’s website, and posted on the City’s notice board within the Civic Center complex.

ALTERNATIVE ACTION
The council may choose to establish different terms or specific duties for the committee or choose not to adopt amended guidelines and duties.

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

Description
Amended Guidelines and Duties
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/6/2023 10:09 AM
Packet Page 32 of 98

Exhibit “A”

AMENDED LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES

The City Council of the City of Fairfield hereby establishes a Landscape Oversight Committee (Committee) to provide fiscal oversight and review of the Public Works Department ’s management of landscaping throughout the city. A primary focus of the Committee will be to improve effectiveness, transparency, and financial oversight of the 16 Landscaping and Lighting Maintenance Districts (LLMD or Districts). The Committee will review the annual budgets, projected expenditures, assessment levels and provide management oversight.

Application/ Recruitment Process:

The Committee will be composed of seven members. Candidates for the Committee shall complete and submit applications to the City per instructions on the vacancy advertisement. The mayor and city council will appoint their respective Committee members.

Notice of these vacancies will be advertised in the Fairfield Daily Republic newspaper, posted on the City’s website, and posted on the Civic Center complex meeting notice boards.

Powers and Duties:

The Committee will provide independent oversight of the operation and financial aspects of the LLDMs, and for landscape maintenance in non-LLMD areas, throughout the city and will report directly to the council. The Committee will ensure effectiveness, transparency, review of the managerial processes over the Landscape Districts and non -LLMD landscaped areas throughout the City, and provide oversight of the revenue generated by the LLMDs, as well as general fund revenues specifically budgeted for landscape maintenance in non-LLMD areas throughout the city Enterprise fund and other funds generated by the city are outside the purview of the Committee.

The Committee, together with staff, will educate district residents as to the operation and function of LLMDs and the associated costs to maintain and improve such districts. Duties may consist of reviewing the annual budget and any other City financial reports necessary to advise the council. The Committee will work with city staff to provide management oversight of the landscape maintenance for the various Districts and non-LLMD landscaped areas throughout the City.

The duties of the Committee do not include decision-making responsibilities regarding spending priorities, funding source decisions, or financing plans. The Committee serves in an advisory-only role to the council, limited to the review of the managerial processes over the Landscape Districts and non-LLMD landscaped areas throughout the City and the use of LLMD revenues, as well as general fund revenues specifically budgeted for landscape maintenance in non -LLMD areas.

Packet Page 33 of 98Attachment 1 Page 1 of 2

Exhibit “A”

Page 2 ends

Qualifications for Appointment:

The committee will consist of seven members.
 Six of the seven committee members shall be comprised of one person that has residency within the respective council district area.
 One committee member will be at-large.
 Residency may be verified annually by the city clerk's office through (1) voter registration or (2) utility bills (phone, water, cable).

Term of Service:

Each term shall be for a period of five years.

Meetings:

The Committee will meet quarterly and provide reports to council on a quarterly basis. The Committee will be subject to the provisions of the Ralph M. Brown Act. Meetings must be noticed and open to the public. Committee minutes and reports are a matter of public record and may be posted on the City's website. Additional meetings may be scheduled as necessary. All Committee members shall attend training and orientation prior to the first regular Committee meeting, including Brown Act training and AB1234 Ethics Training. Committee members are expected to attend all regular Committee meetings.

Failure of the committee members to attend the meetings may result in removal from the Committee at the discretion of the council. Committee decisions and actions require a simple majority vote of those members in attendance. The quorum requirement for any meeting shall be a minimum of four members.

Staff Liaison Appointment:

The Assistant Director of Public Works and/or his designee will serve as staff liaison(s) to the Committee. The liaison(s) will be responsible for providing relevant information to the Committee. The liaison(s) will prepare, post, and distribute agendas and take minutes at each meeting. The liaison(s) will provide the minutes of the Committee's proceedings to the council and the public.

Packet Page 34 of 98Attachment 1 Page 2 of 2

Agenda Item No: 9.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023250 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Third Amendment to the Disposition and Development Agreement Between the City of Fairfield and Lionext, Inc.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Lionext Inc. is requesting a third extension to the close of escrow date from August 24, 2023, to 90 days from the execution of the proposed Third Amendment to the Disposition and Development Agreement (Third Amendment) as well as an extension of the date to submit final plans and specifications from June 24, 2023, to September 15, 2023.

DISCUSSION
The Second Amendment to the Disposition and Development Agreement (DDA) currently requires Lionext Inc. to submit final plans and specifications by June 24, 2023, and to close escrow no later than August 24, 2023. Lionext Inc. now requests a third extension to the close of escrow from August 24, 2023, to 90 days after the execution of the proposed Third Amendment. Lionext Inc. also requests an extension of the due date to submit final plans and specifications from June 24, 2023, to September 15, 2023.

The proposed Third Amendment would extend these dates and require Lionext Inc. to make a non refundable extension payment of $20,000 to the City upon execution of the proposed Third Amendment.

FINANCIAL IMPACT
Upon execution of the Third Amendment, Lionext Inc. will pay the City a nonrefundable extension fee of $20,000. Payment to be deposited into the Intergovernmental Loan Fund account 551451998911 10094.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Packet Page 35 of 98

Agenda Item No: 9.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023250 of the City Council of the City of Fairfield Approving andAuthorizing the Execution of the Third Amendment to the Disposition and DevelopmentAgreement Between the City of Fairfield and Lionext, Inc.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUELionext Inc. is requesting a third extension to the close of escrow date from August 24, 2023, to 90 daysfrom the execution of the proposed Third Amendment to the Disposition and Development Agreement(Third Amendment) as well as an extension of the date to submit final plans and specifications fromJune 24, 2023, to September 15, 2023.DISCUSSIONThe Second Amendment to the Disposition and Development Agreement (DDA) currently requiresLionext Inc. to submit final plans and specifications by June 24, 2023, and to close escrow no later thanAugust 24, 2023. Lionext Inc. now requests a third extension to the close of escrow from August 24,2023, to 90 days after the execution of the proposed Third Amendment. Lionext Inc. also requests anextension of the due date to submit final plans and specifications from June 24, 2023, to September 15,2023. The proposed Third Amendment would extend these dates and require Lionext Inc. to make a nonrefundable extension payment of $20,000 to the City upon execution of the proposed Third Amendment.FINANCIAL IMPACTUpon execution of the Third Amendment, Lionext Inc. will pay the City a nonrefundable extension fee of$20,000. Payment to be deposited into the Intergovernmental Loan Fund account 55145199891110094.

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

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

Description
Proposed Resolution
Propsed Third Amendment to Lionext DDA
REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 9/18/2023 8:09 PM
Feinstein, David Approved 9/18/2023 8:19 PM
Beavers, Esther Approved 9/19/2023 10:44 AM
Beavers, Esther Approved 9/19/2023 10:45 AM
Packet Page 36 of 98

CITY OF FAIRFIELD

RESOLUTION NO. 2023-250

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

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

WHEREAS, the City and Lionext, Inc. (Lionext) entered into a Disposition and Development Agreement on January 20, 2022, the First Amendment to the Disposition and Development Agreement dated September 29, 2022, and the Second Amendment to the Disposition and Development Agreement dated March 24, 2023 (collectively, the DDA) for the purchase of a one- acre site located at 501 Lopes Road (Property) in Fairfield; and

WHEREAS, the DDA required that Lionext submit their final plans and specifications by no later than June 24, 2023, and close of escrow no later than five months from the execution of the DDA or August 24, 2023; and

WHEREAS, Lionext would like to extend the submittal of the final plans to September 15, 2023, and also extend the close of escrow for an additional 90 days from the full execution of the proposed Third Amendment; and

WHEREAS, Lionext agrees to pay the City a non-refundable extension fee in the amount of $20,000; and

WHEREAS, Lionext and the City want to enter into the Third Amendment to Disposition and Development Agreement (Third Amendment), allowing the extension of the final plans submittal and close of escrow; and

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

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

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

Packet Page 37 of 98Attachment 1 Page 1 of 2

RES. NO. 2023-250

Page 2 ends

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

PASSED AND ADOPTED this 3rd day of October, 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 38 of 98Attachment 1 Page 2 of 2

Third Amendment to DDA, Pg 1

THIRD AMENDMENT

TO DISPOSITION AND DEVELOPMENT AGREEMENT

THIS THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (“Third Amendment”), dated as of ______________, 2023 (“Effective Date”) is entered into by and among the CITY OF FAIRFIELD, a municipal corporation, (the “City”) and LIONEXT, INC., a California corporation (“Developer”).

RECITALS
This Third Amendment is entered into with reference to the following facts:

A. The City and Developer entered into a Disposition and Development Agreement as of January 20, 2022, First Amendment to Disposition and Development Agreement dated September 29, 2022, and a Second Amendment to Disposition and Development Agreement dated March 24, 2023 (collectively the “DDA”), whereas the Developer agreed to purchase the Property from the City and the City agreed to sell the Property to the Developer for the purpose of developing a warehouse/office development on the Property pursuant to a Schedule of Performance.

B. City and Developer now desire to amend the DDA to modify the Schedule of Performance, as more particularly provided below.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein, the parties agree as follows:

1. Purpose of this Third Amendment:

The purpose of this Third Amendment (“Agreement”) is to amend, effectuate and implement the DDA by amending the Close of Escrow as stated in Section 2.2 and the Dates / Deadlines in the Schedule of Performance (Exhibit C of the DDA) in response to changed market conditions following the execution of the DDA.

2. Close of Escrow:

The Close of Escrow shall occur no more than ninety (90) days from the date of the execution of the Third Amendment.

3. Schedule of Performance:

The Schedule of Performance is hereby amended in its entirety and shall be replaced with “Amended Exhibit C” attached hereto. City acknowledges that items 1 and 3 of the Schedule of Performance have been satisfied by Developer.

Packet Page 39 of 98Attachment 2 Page 1 of 5

Third Amendment to DDA, Pg 2

4. Extension Fee:

As a condition of this Third Amendment, the Developer shall pay a non- refundable extension fee to the City in the amount of $20,000.00 by depositing that amount into escrow no later than 30 days after execution of this Agreement. .

5. Execution in Counterparts:

This Third Amendment may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

6. Effect of Third Amendment:

Except as modified by this Third Amendment, the DDA and each term contained therein remains in full force and effect. In the event of a conflict between the DDA and the terms of this Third Amendment, this Third Amendment shall control.

[Signatures on following page]

Packet Page 40 of 98Attachment 2 Page 2 of 5

Packet Page 41 of 98Attachment 2 Page 3 of 5

Third Amendment to DDA, Pg 4

AMENDED EXHIBIT “C”

SCHEDULE OF PERFORMANCE
This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein.

Action Date / Deadline

Items 1 – 10 Relate to Developer Actions and Requirements Prior to or through/at the Close of Escrow

1. Opening of Escrow. The Parties shall
deliver a copy of this executed
Agreement to, and open escrow with,
the Escrow Holder.

Completed

2. Preliminary Project Budget. The
Developer shall submit a preliminary
Project Budget for the Improvements.

Prior to and as a condition to the Close of
Escrow.

3. Preliminary Plans. Developer shall
submit preliminary Plans and
Specifications to the City.

Completed

4. Design Development Plans. Developer
shall submit interim “design
development” Plans and Specifications
to the City.

Will be submitted no later than April 3, 2023.

5. Final Plans and Specifications. The
Developer shall submit the Final Plans
and Specifications for City approval.

No later than September 15, 2023.

6. Building Permits. The Developer shall
obtain the Building Permit for the
construction of the Improvements.

Prior to and as a condition to the Close of
Escrow.

Packet Page 42 of 98Attachment 2 Page 4 of 5

Third Amendment to DDA, Pg 5

Action Date / Deadline

7. Construction Contract. The Developer
shall submit the construction contract for
the construction of the Improvements to
the City for approval.

Prior to and as a condition to the Close of
Escrow.

8. Performance and Payment Bonds. The
Developer shall deliver to the City
copies of the required performance and
payment bonds per Section 2.4.9.

Prior to and as a condition to the Close of
Escrow.

9. Insurance. The Developer shall submit
evidence of insurance to the City.

Prior to and as a condition to the Close of
Escrow.

10. Project Budget. The Developer shall
submit the Project Budget to City
together with reasonable evidence that
all equity required will be available at
the Closing.

Prior to and as a condition to the Close of
Escrow.

Items 11 – 16 Relate to the Conveyance of the Property and Developer Actions and Requirements After the Close of Escrow

11. Close of Escrow. The Developer shall
purchase the Property from the City and
shall concurrently close the Construction
Loan.

No later than ninety (90) days from the date of
this Third Amendment.

12. Commencement of Construction.

Developer shall substantially commence
the Improvements.

Within ninety (90) days of Developer receipt of
Building Permits.

13. Completion of Grading. Developer shall
substantially complete the grading for
the Project.

Within ninety (90) days following
Commencement of Construction.

14. Commencement of Vertical
Construction. Developer shall
commence vertical construction.

Within thirty (30) days following Completion of
Grading.

15. Qualification for Certificate of
Completion. The Project shall qualify
for a Certificate of Completion.

Within twenty-four (24) months following
Commencement of Grading.

Packet Page 43 of 98Attachment 2 Page 5 of 5

Agenda Item No: 10.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023251 of the City Council of the City of Fairfield Approving the Second Amendment to Lease Agreement Between the City and TMobile West, LLC, for the Cellular Site Located at 1000 Cement Hill Road, More Commonly Known as Laurel Creek Park
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City and TMobile West, LLC (TMobile), would like to enter into the proposed Second Amendment to Lease Agreement (Second Amendment) for the purpose of extending the lease term at TMobile’s existing cellular site located at 1000 Cement Hill Road, more commonly known as Laurel Creek Park (Property).

DISCUSSION
The City and TMobile entered into a Lease Agreement on January 6, 2004, and the First Amendment to the Lease Agreement dated April 12, 2021 (collectively the Lease Agreement), allowing TMobile to construct and maintain a cellular site on the Property.

The Lease Agreement is set to expire on March 2, 2024. TMobile and the City wish to enter into the proposed Second Amendment for the purpose of extending the Lease Agreement for five additional and successive fiveyear terms through March 2, 2049. With each fiveyear renewal, the rent will increase 15%.

The proposed Second Amendment also allows TMobile to terminate the Lease Agreement at any time and for any reason, provided they give the City prior written notice and a termination fee equal to six month’s rent.

FINANCIAL IMPACT
Upon execution of the Second Amendment, TMobile’s monthly rent will increase to $3,284.14 per month. Upon each fiveyear renewal, the rent will increase by 15%. The additional funds will continue to Packet Page 44 of 98

Agenda Item No: 10.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023251 of the City Council of the City of Fairfield Approving the SecondAmendment to Lease Agreement Between the City and TMobile West, LLC, for theCellular Site Located at 1000 Cement Hill Road, More Commonly Known as LaurelCreek ParkRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City and TMobile West, LLC (TMobile), would like to enter into the proposed Second Amendmentto Lease Agreement (Second Amendment) for the purpose of extending the lease term at TMobile’sexisting cellular site located at 1000 Cement Hill Road, more commonly known as Laurel Creek Park(Property).DISCUSSIONThe City and TMobile entered into a Lease Agreement on January 6, 2004, and the First Amendmentto the Lease Agreement dated April 12, 2021 (collectively the Lease Agreement), allowing TMobile toconstruct and maintain a cellular site on the Property. The Lease Agreement is set to expire on March 2, 2024. TMobile and the City wish to enter into theproposed Second Amendment for the purpose of extending the Lease Agreement for five additionaland successive fiveyear terms through March 2, 2049. With each fiveyear renewal, the rent willincrease 15%. The proposed Second Amendment also allows TMobile to terminate the Lease Agreement at any timeand for any reason, provided they give the City prior written notice and a termination fee equal to sixmonth’s rent.FINANCIAL IMPACT Upon execution of the Second Amendment, TMobile’s monthly rent will increase to $3,284.14 per month. Upon each fiveyear renewal, the rent will increase by 15%. The additional funds will continue to be deposited into the City’s General Fund Account Code 1016505.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the Second Amendment and terminate the Lease Agreement.

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

Description
Proposed Resolution
Proposed Second Amendment TMobile
REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 9/18/2023 8:11 PM
Feinstein, David Approved 9/18/2023 8:19 PM
Beavers, Esther Approved 9/19/2023 10:43 AM
Beavers, Esther Approved 9/19/2023 10:44 AM
Packet Page 45 of 98

CITY OF FAIRFIELD

RESOLUTION NO. 2023-251

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

AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY AND T -MOBILE WEST, LLC, FOR THE CELLULAR SITE LOCATED AT 1000 CEMENT HILL ROAD, MORE COMMONLY KNOWN AS

LAUREL CREEK PARK

WHEREAS, the City is the owner of the property located at 1000 Cement Hill Road, Assessor’s Parcel Number (APN) 0168-130-180, more commonly known as Laurel Creek Park (Property); and

WHEREAS, the City and T-Mobile West, LLC (T-Mobile) entered into a Lease Agreement on January 6, 2004, and First Amendment to Lease Agreement dated April 21, 2021 (collectively the Lease Agreement) to allow T-Mobile to construct and maintain a cellular site on the Property; and

WHEREAS, T-Mobile would like to extend the Lease Agreement for five consecutive five-year extensions as proposed in the Second Amendment to the Lease Agreement (Second Amendment); and

WHEREAS, T-Mobile and the City would like to enter into the proposed Second Amendment.

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

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

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

Packet Page 46 of 98Attachment 1 Page 1 of 2

RES. NO. 2023-251

Page 2 ends

PASSED AND ADOPTED this 3rd day of October 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 47 of 98Attachment 1 Page 2 of 2

uu1..,u~1y1 I Cl IVCIUf,Jt: JU . .JI ;JU.Jf"\i..n,-ur IC-+ I 00-f"\O'+u-.Jrf"\£\..,U.JU;JU.JC

SECOND AMENDMENT TO LEASE AGREEMENT
This Second Am endm ent to Lease Agreem ent (the "Second Amendment") is effective as of the last signature below (the "Effective Date"), by and betw een City of Fairfield, a m unicipal corporation ("Landlord"), and T-M obile W est LLC, a D elaw are lim ited liability co m pany ("Tenant") (each a "Party", or collectively, the "Parties").

Landlord and Tenant (or their predecessors-in-interest entered into that certain Lease A greem ent dated January 6, 2004 and am ended by the First A m endm ent to Lease Agreem ent dated A pril 12, 2021 (collectively "the Lease") regarding the leased prem ises ("Premises") located at 10 00 Cem ent Hill (the "Property").

The Lease is set to expire on M arch 2, 2024. Tenant and Landlord w ish to enter into the Second A m endm ent fo r the purpose of extending the Lease.

For good and valuable co nsideration, Landlord and Tenant agree as fo llow s:

1. The Lease is in full fo rce and eff ect and neither Landlord nor Tenant is in breach under the term s of the Lease.

2. At the expiration of the Lease, the term of the Lease w ill autom atically be extended fo r five (5) additional and successive five (5) year term s, each incl uded as Renew al Term provided that Tenant m ay elect not to renew by pro viding Landlord at least thirty (30) days' notice prior to the expiration of the then current Renew al Term .

3. At the com m encem ent oft he first Renew al Term pro vided fo r in this Seco nd A m endm ent, Tenant shall pay Landlord Three Thousand Tw o Hundred Eighty-Four and 14/10 0 D ollars ($3,284.14) per m onth as Rent, partial calendar m onth to be pro rated in advance, by the fifth (5th) day of each calendar m onth. Thereafter, notw ithstanding anything to the co ntrary in the Lease, the Rent w ill escalate by 15% on the first day of each Renew al Term .

W here duplicate Rent w ould occur, a credit shall be taken by Tenant fo r any prepaym ent of duplicate Rent by Tenant.

4. Notw ithstanding anything to the contrary in the Lease and as of the Eff ective D ate of the Second Am endm ent, Tenant m ay term inate the Lease w ithout further liability, fo r any or no reason, upon prior w ritten notice to Landlord and a term ination fee of six (6) m onths' current Rent ("Termination Fee"). A ny prepaid Rent fo r any tim e period after the term ination date shall be refunded to Tenant w ithin thirty (30) days of term ination.

5. A ll notices, requests, dem ands and other com m unications shall be in w riting and shall be deem ed to have been delivered upon receipt or refusal to accept delivery, and are eff ective only w hen deposited into the U.S. certified m ail, return receipt requested, or w hen sent via a nationally recognized co urier to the addresses set fo rth below . Landlord or Tenant m ay from tim e to tim e designate any other address fo r this purpose by providing w ritten notice to the other Party.

TMO Site ID: SF70430M
TMO Lease ID: 143982
1 TMO Signatory Level L07,SL07
NLG-84673
5/21/2021
Packet Page 48 of 98Attachment 2 Page 1 of 3

U U \.,U ..:>1y 1 I C l IV t::IU f.J t:: IU . ;J I ;J U J l"'\;J .:,-u r IC -+ I 0 0 -1""\D '+U -J r f"'\~\..,U J U ;J U J C If to Tenant: If to Landlord:

T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ SF70430M
City of Fairfield
1000 Webster Street, 2nd Floor
Fairfield, CA 94533
Attn: Real Estate Specialist

6. Tenant and Landlord will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Property.

7. Any charges payable under the Lease other than Rent shall be billed by Landlord to Tenant within twelve (12) months from the date in which the charges were incurred or due.

8. Except as expressly set forth in this Second Amendment, the Lease otherwise is unmodified. To the extent any provision contained in this Second Amendment conflicts with the terms of the Lease, the terms and provisions of this Second Amendment shall control. Each reference in the Lease to itself shall be deemed also to refer to this Second Amendment.

9. This Second Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this Second Amendment will legally bind the Parties to the same extent as originals.

10. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Second Amendment. Landlord represents and warrants to Tenant that the consent or approval of a third party has either been obtained or will be obtained prior to the execution of Second Amendment. If Landlord is represented by any property manager, broker or any other leasing agent ("Agent"), then (a) Landlord is solely is responsible for all commission, fees or other payment to Agent and (b) Landlord shall not impose any fees on Tenant to compensate or reimburse Landlord for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this Second Amendment or any future amendment.

TMO Site ID: SF70430M
TMO Lease ID: 143982
2 TMO Signatory Level: L07,SL07
NLG-84673 5/21/2021
Packet Page 49 of 98Attachment 2 Page 2 of 3

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11. This Seco nd Amendm ent will be binding on and inure to the benefit of the Parties herein, their heirs, executors, adm inistrators, successors-in-interest and assigns.

IN W ITNESS, the Parties execute this Second Amendment as of the Effective Date.

Landlord: Tenant:

City of Fairfield, a municipal corporation
By: -------------
Print Name: -------------
Title:

Date: _
T-M obile W est LLC, a D elaw are lim ited liability
com pany G OocuSigned bye
By: __ ~:~~04t~~t,r -------
Elisabeth Boyer
Print Name:

Sr. Manager, Technology sourcing Title: _
8/22/2023
Date: _
3 TMO Site ID: SF70430M
TMO Lease ID: 143982
5/21/2021
TMO Signatory Level: L07,SL07
NLG-84673 Packet Page 50 of 98Attachment 2 Page 3 of 3

Agenda Item No: 11.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023252 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 2 to a Professional Services Agreement Between the City of Fairfield and West Yost Associates for OnCall Water System Geographic Information System Updates and Hydraulic Modeling Services RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed amendment to the professional services agreement will provide for oncall technical engineering assistance related to the City’s water distribution system, including Geographic Information System (GIS) updates and hydraulic modeling services through the end of fiscal year (FY) 20232024.

DISCUSSION
Over the past several years, the City completed water system GIS updates to improve the quality of the GIS water system data to accurately reflect the infrastructure in the field with the assistance of West Yost Associates (West Yost). This included the City’s distribution system pipelines, valves, hydrants, hydrant laterals, and pressure zones. After the water system GIS was updated, development of a water distribution system hydraulic model was completed, which included model calibration and validation.

Since that time, West Yost has been regularly updating the GIS information as new development projects (i.e., subdivisions) are connected to the City’s water system and performing modeling activities at the request of City staff. The water system hydraulic model is a valuable tool that has been used to perform water system planning and evaluation of operational scenarios to assist staff in more efficiently prioritizing capital expenditures and operational changes.GIS data, mapping, and hydraulic modeling have become critical components to the water system.

The attached amendment would increase the current contract amount by $75,000, allowing the City to continue its GIS program for the water utility through the end of the current fiscal year.

As GIS data and modeling has been integrated throughout the workflow of the water utility, the demand for GIS related data and services has steadily increased. Additionally, the City is undergoing a Public Utility Master Plan and Rates Study which generated the need for an offcycle hydraulic model update.

Packet Page 51 of 98

This update incorporated changes to the water system since the last model update and ensures that the hydraulic model and master plan are utilizing the most recent and accurate data. Because of the hydraulic model update for the master plan and the increased demand in GIS data, the previously anticipated levels of service for this contract have become inadequate and additional funds are necessary for West Yost to continue to perform GIS and hydraulic modeling services for the City through the end of the current agreement, June 30, 2024. Staff intends to seek council approval for a new contract for GIS updates and hydraulic modeling services in the Spring 2024.

Water modeling is a complex task that requires extensive expertise and West Yost has numerous specialized hydraulic engineers on staff. Also, West Yost has had consistent personnel assigned to the City throughout the term of oncall services, has firsthand knowledge of the City’s hydraulic model and GIS data, and is well positioned to provide seamless transitions in the event any of its staff leaves the firm. Therefore, staff is recommending amending the agreement with West Yost to continue to provide oncall water system GIS updates and hydraulic modeling services.

FINANCIAL IMPACT
The total authorization for this agreement would increase by $75,000 from $540,000 to $615,000 and should provide adequate funding through the end of FY 20232024. Funds were accounted for in the approved twoyear budget in the Water Enterprise Fund (Fund 461, Organization Code 46160600).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Should the council have any questions, approval of the amendment to the professional services agreement may be delayed so that council concerns can be addressed.

STAFF CONTACT
Michael J. Hether, Assistant Public Works DirectorUtilities (707) 4287493
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Amendment No. 2
Attachment 3: West Yost 2023 Billing Rates
Attachment 4: Amendment No. 1
Attachment 5: Original Agreement
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 9/15/2023 2:06 PM
Kaushal, Paul Approved 9/18/2023 10:50 AM
Beavers, Esther Approved 9/18/2023 11:07 AM
Beavers, Esther Approved 9/18/2023 11:07 AM
Packet Page 52 of 98

Agenda Item No: 11.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023252 of the City Council of the City of Fairfield Authorizing the CityManager to Execute Amendment No. 2 to a Professional Services Agreement Betweenthe City of Fairfield and West Yost Associates for OnCall Water System GeographicInformation System Updates and Hydraulic Modeling ServicesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed amendment to the professional services agreement will provide for oncall technicalengineering assistance related to the City’s water distribution system, including Geographic InformationSystem (GIS) updates and hydraulic modeling services through the end of fiscal year (FY) 20232024.DISCUSSIONOver the past several years, the City completed water system GIS updates to improve the quality of theGIS water system data to accurately reflect the infrastructure in the field with the assistance of West YostAssociates (West Yost). This included the City’s distribution system pipelines, valves, hydrants, hydrantlaterals, and pressure zones. After the water system GIS was updated, development of a waterdistribution system hydraulic model was completed, which included model calibration and validation.Since that time, West Yost has been regularly updating the GIS information as new developmentprojects (i.e., subdivisions) are connected to the City’s water system and performing modeling activitiesat the request of City staff. The water system hydraulic model is a valuable tool that has been used toperform water system planning and evaluation of operational scenarios to assist staff in more efficientlyprioritizing capital expenditures and operational changes.GIS data, mapping, and hydraulic modelinghave become critical components to the water system.The attached amendment would increase the current contract amount by $75,000, allowing the City tocontinue its GIS program for the water utility through the end of the current fiscal year.As GIS data and modeling has been integrated throughout the workflow of the water utility, the demandfor GIS related data and services has steadily increased. Additionally, the City is undergoing a PublicUtility Master Plan and Rates Study which generated the need for an offcycle hydraulic model update.This update incorporated changes to the water system since the last model update and ensures that thehydraulic model and master plan are utilizing the most recent and accurate data. Because of thehydraulic model update for the master plan and the increased demand in GIS data, the previouslyanticipated levels of service for this contract have become inadequate and additional funds arenecessary for West Yost to continue to perform GIS and hydraulic modeling services for the City throughthe end of the current agreement, June 30, 2024. Staff intends to seek council approval for a newcontract for GIS updates and hydraulic modeling services in the Spring 2024.Water modeling is a complex task that requires extensive expertise and West Yost has numerousspecialized hydraulic engineers on staff. Also, West Yost has had consistent personnel assigned to theCity throughout the term of oncall services, has firsthand knowledge of the City’s hydraulic model andGIS data, and is well positioned to provide seamless transitions in the event any of its staff leaves thefirm. Therefore, staff is recommending amending the agreement with West Yost to continue to provideoncall water system GIS updates and hydraulic modeling services.FINANCIAL IMPACTThe total authorization for this agreement would increase by $75,000 from $540,000 to $615,000 andshould provide adequate funding through the end of FY 20232024. Funds were accounted for in theapproved twoyear budget in the Water Enterprise Fund (Fund 461, Organization Code 46160600).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONShould the council have any questions, approval of the amendment to the professional servicesagreement may be delayed so that council concerns can be addressed. STAFF CONTACTMichael J. Hether, Assistant Public Works DirectorUtilities(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Proposed Amendment No. 2Attachment 3: West Yost 2023 Billing RatesAttachment 4: Amendment No. 1Attachment 5: Original AgreementREVIEWERS:Reviewer Action DateHether, Michael Approved 9/15/2023 2:06 PMKaushal, Paul Approved 9/18/2023 10:50 AM Beavers, Esther Approved 9/18/2023 11:07 AM
Beavers, Esther Approved 9/18/2023 11:07 AM
Packet Page 53 of 98

THIS PAGE IS

INTENTIONALLY

LEFT BLANK

CITY OF FAIRFIELD

RESOLUTION NO. 2023-252

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND WEST YOST WEST YOST ASSOCIATES FOR ON-CALL

WATER SYSTEM GEOGRAPHIC INFORMATION SYSTEM UPDATES AND HYDRAULIC MODELING

SERVICES

WHEREAS, the City of Fairfield has a water system hydraulic model for the purpose of performing water system planning, more accurately budgeting annual capital and maintenance expenditures, assisting with maintenance prioritization to extend the life of critical assets, and providing information that will be used to minimize long-term operations and maintenance costs; and

WHEREAS, West Yost Associates (West Yost) has first-hand knowledge of the City’s hydraulic model and geographic information system data; and

WHEREAS, water modeling is a complex task that requires extensive expertise, and West Yost has numerous specialized hydraulic engineers on staff; and

WHEREAS, West Yost has been successfully providing these services and providing excellent customer service to the City; and

WHEREAS, staff is requesting additional budget to allow West Yost to continue providing these services through June 30, 2024.

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

Section 1. The city manager is hereby authorized and directed to execute Amendment No. 2 to an Agreement between the City and West Yost Associates for On-Call Water System Geographic Information System Updates and Hydraulic Modeling Services by $75,000 for a total not-to- exceed fee of $615,000.

Packet Page 54 of 98Attachment 1 Page 1 of 2

RES. NO. 2023-252

Page 2 ends

PASSED AND ADOPTED this 3rd day of October, 2023, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Packet Page 57 of 98Attachment 3 Page 1 of 2

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A ttachm ent 2
AMENDMENT NO. 1
· TO A CONSUL TANT SERVICES AGREEMENT BETWEEN THE CITY

OF FAIRFIELD AND WEST YOST ASSOCIATES FOR ON-CALL

WATER SYSTEM GEOGRAPHIC INFORMATION SYSTEM UPDATES

AND HYDRAULIC MODELING SERVICES
This AMENDMENT No. 1 (hereinafter "AMENDMENT") to the Agreement between the City of Fairfield and West Yost Associates for On-Call Water System Geographic Information System Updates and Hydraulic Modeling Services, dated :TVJl111 6~ , 2018, is made and entered this '7 +v-- day of t'Y\.~ , 202b, by and between the CITY OF FAIRFIELD, a municipal orporation (hereinafter "CITY"), and WEST YOST ASSOCIATES (hereinafter "CONSULTANT").

WITNESS ETH
WHEREAS, on Jv½ S , 2018, the parties entered into an AGREEMENT for Consulting Services for On-Call Water System Geographic Information System Updates and Hydraulic Modeling Services; and
WHEREAS, CONSULTANT has agreed to modifications to the
AGREEMENT to extend the term of the AGREEMENT, and approve a corresponding increase in compensation.

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows:

1. Section 7 - TERM of the AGREEMENT shall be replaced with the following:
7) TERM. This agreement shall be in effect through June 30, 2024.

2. Exhibit B of the AGREEMENT shall be replaced with the following:
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be for a not-to-exceed amount of five-hundred forty thousand dollars ($540,000).

Packet Page 59 of 98Attachment 4 Page 1 of 2

2 ) P a y m e n t s h a ll b e m a d e to C O N S U L T A N T o n a tim e a n d m a te ria ls b a s is , a n d C O N S U L T A N T s h a ll s u b m it m o n th ly in v o ic e s to th e A s s is ta n t P u b lic W o rk s D ir e c to r/U tili tie s fo r th e s a m e .
3 ) C O N S U L T A N T b ill in g ra te s s h a ll b e a s s h o w n o n th e a tt a c h e d 2 0 2 0 b ill in g ra te s c h e d u le a n d s h a ll b e a d ju s te d a n n u a ll y u s in g th e C O N S U L T A N T's u p d a te d s ta n d a rd y e a r ly ra te s c h e d u le .
3 . E x c e p t a s s p e c ifi c a ll y s e t fo rt h h e re in , a ll te rm s a n d c o n d itio n s o f th e A G R E E M E N T b e tw e e n th e C IT Y a n d C O N S U L T A N T , d a te d :(v1\j S-;,,, 2018, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 7 -t-f--l day of (Y\~ , 2020.

CITY OF FAIRFIELD
a municipal corporation (CITY)

WEST YOST ASSOCIATES
(CONSUL TANT)
Packet Page 60 of 98Attachment 4 Page 2 of 2

CONSUL TANT SERVICES AGREEMENT
On-Call GIS and Hydraulic Modeling Support
THIS AGREEMENT is made at Fairfield, California, as of , ]uj S , 2018, by and between the City of Fairfield, a municipal corporation (the ITY") and West Yost Associates ("CONSULTANT''), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSUL TANT. CONSUL TANT shall provide said services at the time, place , and in the manner specified in Exhibit "An 2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSUL TANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency betw een said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control.
5) INSURA NCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set fo rth in Exhibit "D" shall control.
6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect for through June 30, 2021.

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: ~IA.. ~
anager ~
Packet Page 61 of 98Attachment 5 Page 1 of 14

E xh ibit "A "

WEST YOST
~~

ASSOCIATES
Consulting Engineers
April 18, 2018 SENT VIA: EMAIL
Mr. Felix Riesenberg
City of Fairfield
Public Works Department
1000 Webster Street
Fairfield, CA 94533
SUBJECT: Scope of Work for On-call Water System GIS and Hydraulic Modeling Support Dear Felix:

In response to your request, West Yost Associates (West Yost) is pleased to submit our proposed Scope of Work for engineering services to provide the City of Fairfield (City) with on-call water system GIS and hydraulic modeling support.

SCOPE OF WORK
Since 2015, West Yost has worked closely with City staff to develop its water system GIS and hydraulic model. The City's water system GIS was recently updated in May 2017 and the hydraulic model development was completed in March 2018. The current water system GIS and hydraulic model provide accurate representations of the City's existing potable water distribution system and are useful tools for cataloging and mapping water system facilities as well as for performing water system planning evaluations (e.g., fire flow availability, pump(s) out of service, etc.).

However, these tools will require effort and specialized expertise to maintain and use. Therefore, the City has requested West Yost to provide a Scope of Work for on-call water system GIS and hydraulic modeling support.

West Yost will work closely with City staff to periodically update both the water system GIS and hydraulic model to reflect the actual water system network. West Yost will also provide on-call hydraulic modeling support to evaluate various technical questions and hydraulic analyses as requested by City staff and develop viable solutions/improvements for identified operational challenges in the City's water system.

Based on our discussions with City staff, our knowledge of the City's water system, and our expertise in updating and using GIS as well as hydraulic models to perform analyses of existing and proposed water systems, West Yost has prepared this detailed Scope of Work outlined as follows:
• Task 1. Water System GIS Support
• Task 2. Water System Hydraulic Modeling Support
• Task 3. Project Management and Meetings
177 r But,:;lho Onve. Suite 240 Walnut Creek, CA 94596 Phnna 92'i-'149-S80fi Packet Page 62 of 98Attachment 5 Page 2 of 14

M r . F e lix R ie s e n b e r g
A p r il 1 8 , 2 0 1 8
P a g e 2
A c t iv itie s a s s o c ia te d w ith e a c h o f th e s e ta s k s a r e d is c u s s e d in d e ta il b e lo w . A s re q u e ste d b y C ity s ta ff, th is S c o p e o f W o r k w ill p ro v id e th e C ity w ith o n -c a ll w a te r s y s te m G IS a n d h y d ra u lic m o d e lin g s u p p o rt fo r a p e r io d o f a p p ro x im ate ly thr e e y e a r s . A thr e e -y e a r c o n tra c t w ill a ll o w th e C ity to r e c e iv e c o n tin u o u s un in te rru p te d s u p p o rt w ith o u t h av in g to sp e n d tim e p r e p a rin g a nn u a l c o n tra c t r e n e w a ls .

Task 1. Water System GIS Support
West Yost will work closely with City staff to periodically update the water system GIS to reflect the actual water system network. Updates to the water system GIS will follow the topology rules and geodatabase structure that West Yost had previously developed and used in Phase 1 of the Hydraulic Model Update Project. West Yost will also provide coordination for routine data transfers to the IT Department so the City's water system GIS viewer can be updated accordingly.

It is assumed that the frequency for water system GIS updates will be performed monthly or bi-monthly depending on the volume and extent of the updates needed. If requested, West Yost can also provide updated water system GIS mapping similar to the Map Book that was developed in Phase 1 of the Hydraulic Model Update Project.

West Yost will first develop water system GIS update protocols and procedures (e.g., update methodology, version control, etc.) that will help streamline workflow for subsequent years. A flow chart will be developed with tasks assigned to individuals to clearly identify responsibilities and provide a single point of contact if questions arise.

West Yost will coordinate regularly with City staff on the progress of the water system GIS updates and data transfers to the IT Department. This coordination will be communicated primarily through emails and conference calls; however, meetings will be scheduled when necessary.

Task 2. Water System Hydraulic Modeling Support
West Yost will provide on-call hydraulic modeling support services to address various technical questions and analyses as requested by City staff. Requested hydraulic modeling support services may include the following:
• Evaluate questions regarding existing or proposed water system operations, • Develop viable solutions/improvements for identified operational challenges in the City's water system,
• Evaluate recommended improvement projects to confirm sizing and/or timing, • Evaluate alternative improvement projects based on suggestions from City staff, • Evaluate particular areas of concern and provide recommendations ( e.g., water quality issues, low pressure, etc.), and
• Update the potable water system hydraulic model as requested (water system hydraulic model update protocols and procedures, including update frequency, will be developed during the first update to help streamline workflow for subsequent updates).

WEST YOST ASSOCIATES n\m\lp \c\fairfield\201S_On-call\01 _LP Packet Page 63 of 98Attachment 5 Page 3 of 14

M r. Felix Ri esenberg
A pril 18, 2018
P a g e 3
W e s t Y o s t's o n -c a ll h ydra ulic m odeling support services w ill be perfo rm ed to m eet the C ity's s p ecific needs w ithin a schedule that is m utually agreed upon betw een the C ity an d W est Y ost.

Thr o u g h o ut the dur ation of each requested task, W est Y ost wi ll coor din ate wi th C ity staff on th e p ro g r e s s . Thi s c o o r d in ation wi ll be comm uni cated prim ar ily thr ough em ails an d conference cal ls; how ever, m eetin gs w ill be scheduled w hen necessary .

Task 3. Project Management and Meetings
West Yost will provide general project management and coordination with City staff, which includes the following activities:
• Project set-up and close,
• Monthly progress reporting and invoicing over the scheduled three-year contract, and • Biannual meetings to discuss progress and potential changes in procedures/protocols.

BUDGET AND SCHEDULE
West Yost will perform the Scope of Work described above on a time-and-expense basis at the billing rates set forth in West Yost's attached Billing Rate Schedule (Attachment A), for a not-to-exceed budget of $200,000. West Yost will not exceed this budget without prior written authorization by the City. As discussed above, it is anticipated that this Scope of Work will provide the City with on-call water system GIS and hydraulic modeling support for a period of approximately three years. Table 1 summarizes the proposed budget and projected hours per task for a three-year timeframe. An additional cost of $20,000 is anticipated in Year 1 for West Yost to develop water system GIS and hydraulic model update protocols and procedures that will help streamline workflow for subsequent years.

WEST YOST ASSOCIATES n\m\lp \c\fairlield\201 S_On-call\0 1 _LP Packet Page 64 of 98Attachment 5 Page 4 of 14

E X H I B IT "B "

P A Y M E N T
1) The total contract price for services rendered by CONSUL TANT under this Agreement shall be for a not-to-exceed amount of two-hundred thousand dollars ($200,000).
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the Assistant Public Works Director/Utilities for the same.
3) CONSUL TANT billing rates shall be as shown on the attached 2018 billing rate schedule and shall be adjusted annually using the CONSUL TANT's updated standard yearly rate schedule.

Packet Page 65 of 98Attachment 5 Page 5 of 14

M r. Felix Ri esenberg
April 18, 2018

Page 4 ends

Table 1. Budget Surnrnary'"
Approximate
Task Hours Dollars
Year 1 (2018-20191 ; -
Task 1. Water System GIS Support 240 49,200
Task 2. Water System Hydraulic Modeling Support 118 24,200 Task 3. Project Management and Meetings 32 6,600
Year 1 Subtotal 390 80,000
Year 2 (2019-2020) ·'' . ~ i '
Task 1. Water System GIS Support 152 31,200
Task 2. Water System Hydraulic Modeling Support 115 23,500 Task 3. Project Management and Meetings 26 5,300
Year 2 Subtotal 293 60,000
Year 3 (2020-2021)
,. ,,'
·-·
Task 1. Water System GIS Support 152 31,200
Task 2. Water System Hydraulic Modeling Support 115 23,500 Task 3. Project Management and Meetings 26 5,300
Year 3 Subtotal 293 60,000
Total 97 6 $200,000
(a) Approximate hours calculated based on a blended hourly rate between a Principal Engineer and an Associate Engineer (approximately $205/hour).

Please do not hesitate to call if you have any questions or need additional information.

Sincerely,
CU A:V~
Charles T. Duncan, PE
President
CTD:PB:ap
Attachment A - 2018 Billing Rate Schedule
W E S T Y O S T A S S O C I A TE S n\m \lp \c\fa irfi e ld\20 1 S_O n-ca ll\0 1 _LP Packet Page 66 of 98Attachment 5 Page 6 of 14

W E S T YO S T
~

ASSOCIATES
r, r,
2018 Billing Rate Schedule
(Effective January 1, 2018 through December 31, 2018) * Attachment A

POSITIONS

ENGINEERING

LABOR CHARGES
(DOLLARS PER HR)
PrincipalNice President
Engineering/Scientist/Geologist Manager I / II
Principal Engineer/Scientist/Geologist I / II
$285
$263 / $274
$240 I $254
$214 / $225'
Associate Engineer/Scientist/Geologist I / II
Engineering Aide
Administrative· I / II-/ I'll / IV
$87
Principal Tech Specialist I / II
Senior Tech Specialist I/ II
Technical Specialist I/ II/ Ill/ IV -~----~-~--~..-....--,- CAD Manager CAD Designer I / II
$209
$197 ---- $145/ $166 / $187 / $208
$166
$129 / $144

CONSTRUCTION MANAGEMENT
Senior Construction Manager
Construction Manager I/ II/ Ill/ IV
Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) --·---·-•---.- Apprentice lnspeetor CM Administrative I / II
$273
$166-/ $178 / $190 / $237
$144 / $160 I $178 / $185
$131
$71 / $95
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses.
■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ Mileage will be billed at the current Federal Rate and Travel will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates.
■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. • This schedule is updated annually
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W E S T Y O S T
~

ASSOCIATES
~ r,
2018 Billing Rate Schedule (continued)
(Effective January 1, 2018 through December 31, 2018) * Equipment Charges

EQUIPMENT BILLING RATES
Gas Detector
Hydrant Pressure Gage
Hydrant Pressure, Recorder, Standard
Hydrant Pressure Recorder, Impulse (Transient)
Trimble GPS - Geo 7x
Vehicle
Water Flow Probe Meter
Water Quality Multimeter
Well Sounder
$80/day
$10/day
$40/day
$55/day
$10/hour
$20/day
$185/day
$30/day
* This schedule is updated annually
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EX H IB IT "C "

G E N E R A L P R O V IS IO N S
1) INDEPENDENT CONSUL TANT. At all times during the term of this Agreement, CONSUL TANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSUL TANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSUL TANT accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSUL TANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSUL TANT to practice CONSUL TANT's profession. CONSUL TANT represents and warrants to CITY that CONSUL TANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSUL TANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSUL TANT's obligations pursuant to this Agreement. CONSUL TANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSUL TANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSUL TANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever. 5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONSUL TANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSUL TANT to perform services pursuant to this Agreement, CONSUL TANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSUL TANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSUL TANT is satisfactory.

Packet Page 69 of 98Attachment 5 Page 9 of 14

8) C A N C E L L A T IO N O F A G R E E M E N T . T h is A g re e m e nt m a y be ca nc e le d at a ny tim e by the C IT Y at its discre tio n up o n w ritt e n no tific a tio n to C O N S U L T A N T.

C O N S U L T A N T is e ntitle d to rece iv e fu ll pa y m e n t fo r a ll se rv ic e s pe rf o rm e d a n d a ll co sts in cu rre d up to a n d in cl u d in g the da te of re ce ip t of w ritte n no tic e to ce a s e w o rk o n th e p ro je ct. C O N S U L T A N T sh a ll be e ntitl e d to no fu rt h e r co m p e n s a tio n fo r w o rk pe rf o rm e d afte r the date of re c e ip t of w ritt e n no tice to ce a se w o rk. A ll co m p le te d a nd in c o m p le te p ro d u cts up to th e da te of rece ip t of w ritt e n no ti c e to ce a se w o rk sha ll be c o m e th e p ro p e rt y of C IT Y .
9) P R O D U C T S O F C O N S U L T IN G . A ll pro d u c ts of th e C O N S U L T A N T pro v id e d un d e r th is A g re e m e n t sh a ll be th e p ro p e rt y of th e C IT Y .

N o tw ithsta nd in g a n yth in g to the co ntra ry in th is se c tio n , the C IT Y he re b y a g re e s to in d e m n ify, de fe n d , a n d ho ld ha rm le ss th e C O N S U L T A N T fr o m any cl a im s to the exte nt a risin g o ut of th e C IT Y ' s o r a ny th ird pa rt y 's re u s e o r us e of C O N S U L T A N T's w o rk fo r · a ny pro je ct othe r tha n th e p ro je ct fo r w h ic h C O N S U L T A N T is en g a g e d pu rsu a nt to th is A g re e m e nt, or fo r a n y us e of C O N S U L T A N T's w o rk fo r th is p ro je ct, w he re th e se rv ic e s se t fo rt h in E xh ib it "A " a re co m p le te d by th ird pa rt ie s . 10 )IN D E M N IF Y A N D H O L D H A R M L E S S .
a) If A G R E E M E N T is a n ag re e m e nt fo r d e s ig n pro fe ss io na l se rv ice s su bje ct to C a lifo rn ia C iv il C o d e § 2 7 8 2 .8 (a ) an d C O N S U L T A N T is a de sig n profe s s io n a l, as de fi n e d in C a lifo rn ia C iv il C o d e § 27 8 2 .8 (c )(2 ), to th e fu lle st ex te nt a llo w e d by la w , C O N S U L T A N T sh a ll ho ld ha rm le ss , de fe n d and in d e m n ify th e C IT Y , its offi ce rs , a g e n ts , e m p lo ye e s, and vo lu n te e rs fr o m an d ag a in s t all cla im s , da m a g e s , lo sse s , a nd ex p e n s e s in c lu d in g att o rn e y s' fe e s a risin g o ut of, o r pe rt a in in g to , o r re la tin g to th e ne g lig e n c e , re ckle ssne ss, o r w illfu l m isc o n d uct of the C O N S U L T A N T , ex ce p t w h e re ca us e d by the a ctive ne g lig e n c e , so le ne g lig e n ce , o r w illful m is c o n d u c t of th e C IT Y . b) If A G R E E M E N T is no t a n a g ree m e n t fo r de s ig n pro fe ss io n a l se rv ic e s su b je ct to C a lifo rn ia C iv il C o d e § 27 8 2 .8 (a ) o r C O N S U L T A N T is no t a de s ig n p rofe ss io n a l a s de fine d in su b se ctio n (a ) a b ove , to th e fu lle st ex te n t a llo w e d by la w , C O N S U L T A N T sh a ll in d e m n ify, de fe n d , a n d ho ld ha rm le ss th e C IT Y , its offi ce rs, ag e nts , em p lo y e e s a n d vo lu nte e rs fr om a ll cla im s , su its, or actio n s of ev e ry na m e , kin d a nd de sc rip tio n , bro u g ht fo rt h on acco u n t of in ju rie s to or de a th of a ny pe rso n o r da m a g e to pro p e rt y a ris in g fro m o r co n ne cte d w ith th e w illfu l m isco n d u c t, ne g lig e n t acts , e rro rs o r om iss io n s , ultra -ha za rdo us a ctiv itie s , a ctiv itie s giv in g ris e to strict lia b ili ty , or de fe cts in de s ig n by C O N S U L T A N T o r a n y pe rso n dire ctly o r in d ire ctly e m p lo y e d by o r actin g as a g e nt fo r C O N S U L T A N T in th e pe rf o rm a nc e of th is A g re e m e nt, in cl u d in g th e co n c u rre n t o r su cce ssiv e pa ssiv e ne g lig e n c e of the C IT Y , its offic e rs , a g e nts , em p lo y e e s o r vo lu n te e rs .

It is un d e rsto o d th a t the duty of C O N S U L T A N T to in d e m n ify and ho ld ha rm le ss in c lu d e s th e duty to de fe n d a s se t fo rt h in S e ctio n 27 7 8 of th e C a lifo rn ia C iv il C o d e .

A cce pta nce of in su rance ce rt ific a tes a nd e nd o rse m e nts req u ired un d e r th is A g ree m e nt do e s no t re lie ve C O N S U L T A N T fro m lia b ility un d e r th is ind e m n ificati o n a nd ho ld ha rm le ss cla use . T h is in d e m n ificatio n and ho ld ha rm le ss cla use sh a ll ap p ly w h e th e r o r no t su ch insurance po licie s are de te rm ine d to be a p p lic a b le to a ny suc h da m a ge s o r cl a im s fo r Packet Page 70 of 98Attachment 5 Page 10 of 14

d a m a g e s .

C O N S U L T A N T'S re s p o n s ib ility fo r s u c h d e fe n s e a n d in d e m n ity sh a ll s u rv iv e t e r m in a t io n o r c o m p le t io n o f t h is a g re e m e n t fo r th e fu ll p e rio d of tim e a llo w e d by la w . 11 )P R O H IB IT E D IN T E R E S T S . N o e m p lo y e e o f th e C IT Y s h a ll h a v e a n y d ire c t fin a n c ia l in te re s t in th is a g re e m e n t. T h is a g re e m e n t s h a ll b e v o id a b le a t th e o p tio n o f th e C IT Y if t h is p ro v is io n is v io la te d .
12 )L O C A L E M P L O Y M E N T P O LI C Y . T h e C IT Y d e s ire s w h e re v e r p o s s ib le , to h ire q u a lifie d lo c a l re s id e n ts to w o rk o n c ity p ro je c ts . L o c a l re s id e n t is d e fin e d a s a p e rs o n w h o r e s id e s in S o la n o C o u n t y . T h e C IT Y e n c o u ra g e s a n a c tiv e a ffirm a tiv e a c tio n p ro g r a m o n th e p a rt o f its c o n tra c to rs , co n s u lta n ts , a n d d e v e lo p e rs . W h e n lo c a l p ro je c ts r e q u ir e , s u b c o n tra c to rs , c o n tra c to rs , co n s u lta n ts a n d d e v e lo p e rs w ill so lici t p ro p o s a ls f ro m q u a lif ie d lo c a l firm s w h e re p o s s ib le .

A s a w a y o f r e s p o n d in g to th e p ro v is io n s o f th e D a v is -B a c o n A c t a n d th is p ro g ra m , c o n tra c to r, co n s u lta n ts , a n d d e v e lo p e rs w ill b e a s k e d , to p ro v id e n o m o re fr e q u e n tly th a n m o n th ly , a re p o rt w h ic h lis ts th e e m p lo y e e 's n a m e , jo b cl a s s , h o u rs w o rk e d , s a la ry p a id , ci ty o f re s id e n c e , a n d e th n ic o rig in .
13 )C O N S U L T A N T N O T A P U B LI C O F F IC IA L. C O N S U L T A N T is n o t a "p u b lic o ffi c ia l" fo r p u rp o s e s o f G o v e rn m e n t C o d e §§ 87200 et seq. CONSUL TANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14)EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING
REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSUL TANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSUL TANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSUL TANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONSUL TANT is doing business as other than a sole proprietorship, CONSUL TANT shall provide CONSULTANT'S federal tax identification number.

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E X H IB IT "D "

IN S U R A N C E R E Q U IR E M E N T S
CONSUL TANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSUL TANT, its agents, representatives, or employees.
1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage ( occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required. r:, Professional Liability Insurance / Errors and Omissions Liability in the minimum ~ amount of $1,000,000 per occurrence. □ Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence □ Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime I Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants □ :uilder's Risk / Course of Construction Insurance in the minimum amount of Packet Page 72 of 98Attachment 5 Page 12 of 14

3 ) IN S U R A N C E P R O V IS IO N S
a ) D E D U C T IB L E S A N D S E L F -IN S U R E D R E T E N T IO N S . A n y d e d u c tib le s o r s e lf- in s u r e d re te n t io n s m u s t b e d e cl a r e d to a n d a p p ro v e d b y th e C IT Y . A t th e o p tio n o f th e C IT Y , e it h e r th e in s u r e r s h a ll re d u c e o r e lim in a te s u c h d e d u c tib le s o r s e lf-in s u r e d re t e n t io n s a s re s p e c t s th e C IT Y , its o ffi c e r s , o ffi c ia ls , e m p lo y e e s a n d v o lu n te e rs ; o r th e C O N S U L T A N T s h a ll p ro c u r e a b o n d g u a r a n te e in g p a y m e n t o f lo s s e s a n d re la te d in v e s tig a tio n s , cl a im a d m in is tr a tio n a n d d e fe n s e e x p e n s e s . b ) T h e g e n e r a l a n d a u t o m o b ile li a b ility p o lic ie s (a n d if a p p li c a b le , p o ll u tio n lia b ility , g a r a g e k e e p e r s li a b ilit y a n d b u il d e r 's ris k p o li ci e s ) a r e to c o n ta in , o r b e e n d o rs e d to c o n t a in , th e fo ll o w in g p r o v is io n s :
i) T h e C IT Y , its o ff ic e r s , o ffi c ia ls , e m p lo y e e s a n d v o lu n te e r s a re to b e c o v e re d a s in s u r e d s a s re s p e c ts : lia b ility a r is in g o u t o f w o r k o r o p e r a tio n s p e rf o rm e d b y o r o n b e h a lf o f th e C O N S U L T A N T ; p ro d u c ts a n d c o m p le te d o p e ra tio n s o f th e C O N S U L T A N T ; p r e m is e s o w n e d , o c c u p ie d o r u s e d b y th e C O N S U L T A N T ; a n d a u to m o b ile s o w n e d , le a s e d , h ir e d o r b o r ro w e d b y th e C O N S U L T A N T . T h e c o v e r a g e s h a ll c o n ta in n o s p e c ia l lim ita ti o n s o n th e s c o p e o f p ro te c tio n a ff o rd e d to th e C IT Y , its o ffi c e r s , o ff ic ia ls , e m p lo y e e s o r v o lu n te e rs . ii) F o r a n y c la im s re la te d to th is p ro je c t, th e C O N S U L T A N T'S in s u r a n c e c o v e ra g e s h a ll b e p r im a ry in s u r a n c e a s re s p e c ts th e C IT Y , its o ff ic e rs , o ffi ci a ls , e m p lo y e e s a n d v o lu n t e e r s . A n y in s u r a n c e o r s e lf-in s u r e d m a in ta in e d b y th e C IT Y , its o ff ic e rs , o ff ic ia ls , e m p lo y e e s o r v o lu n te e r s s h a ll b e e x c e s s o f th e C O N S U L T A N T'S in s u r a n c e a n d s h a ll n o t c o n t r ib u te w ith it. iii) A n y fa ilu r e to c o m p ly w ith re p o rt in g o r o th e r p ro v is io n s o f th e p o lic ie s in cl u d in g b r e a c h e s o f w a r r a n tie s s h a ll n o t a ff e c t c o v e ra g e p r o v id e d to th e C IT Y , its o ff ic e rs , o ff ic ia ls , e m p lo y e e s o r v o lu n te e r s . iv ) T h e C O N S U L T A N T'S in s u r a n c e s h a ll a p p ly s e p a ra te ly to e a c h in s u r e d a g a in s t w h o m cl a im is m a d e o r s u it is b ro u g h t , e x c e p t w ith re s p e c t to th e li m its o f th e in s u r e r 's lia b ility .
v ) E a c h in s u r a n c e p o lic y re q u ir e d b y th is cl a u s e s h a ll b e e n d o rs e d to s ta te th a t c o v e r a g e s h a ll n o t b e s u s p e n d e d , v o id e d , c a n c e le d b y e ith e r p a rt y , re d u c e d in c o v e r a g e o r in lim its e x c e p t a ft e r th irt y (3 0 ) d a y s ' p r io r w ritt e n n o tic e b y c e rt ifi e d m a il, re t u rn re c e ip t re q u e s te d , h a s b e e n g iv e n to th e C IT Y . v i) T h e p o li c y lim its o f c o v e r a g e s h a ll b e m a d e a v a ila b le to th e fu ll lim its o f th e p o lic y .

T h e m in im u m lim its s ta te d a b o v e s h a ll n o t s e rv e to re d u c e th e C O N S U L T A N T'S p o lic y lim its o f c o v e r a g e . T h e r e fo r e , th e re q u ir e m e n ts fo r c o v e ra g e a n d lim its s h a ll b e (1 ) th e m in im u m c o v e r a g e a n d li m its s p e c ifi e d in th is a g re e m e n t, o r (2 ) th e b ro a d e r c o v e r a g e a n d m a x im u m li m its o f c o v e r a g e o f a n y in s u r a n c e p o li c y o r p r o c e e d s a v a ila b le to th e n a m e d in s u r e d , w h ic h e v e r is g r e a te r . c ) A C C E P T A B ILI T Y O F IN S U R E R . In s u r a n c e is to b e p la c e d w ith in s u re rs w ith a c u r r e n t A .M . B e s t's ra tin g o f n o le s s th a n A :V II , u n le s s o th e rw is e a c c e p ta b le to th e C ITY .

Packet Page 73 of 98Attachment 5 Page 13 of 14

d) V E R IF IC A T IO N O F C O V E R A G E . C O N S U L T A N T shall fu rn ish the C IT Y w ith o rigin a l e nd o rse m ents eff ectin g co ve rage req u ire d by th is E xh ib it D . T he en d o rse m e nts a re t o b e s ig n e d by a perso n a uth o rize d by tha t in su rer to bin d cov e ra ge on its be h alf. T he e n d o r s e m e n t s a r e t o b e o n fo rm s pro vid e d by the C IT Y or on fo rm s eq u iva le nt to C G 20 10 11 85 subje ct to C IT Y ap p ro va l. A ll insu ran ce cert ificate s a nd en d orse m ents a re to be r e ceiv ed a nd ap p ro v e d by the C IT Y be fo re w o rk co m m e nce s. A t the req u e st of the C IT Y , C O N S U L T A N T s h a ll pro v id e co m p le te , cert ifie d co p ie s of a ll re q u ired ins u rance po licie s, in cl u din g end or se m ents effectin g the co ve rag e req u ire d by th e se spe cifica tions. e ) S U B -C O N T R A C T O R S . C O N S U L T A N T sh a ll req u ire a ll sub co ntra cto rs to pro cu re a nd m ainta in in su ran ce po licie s subje ct to the req u irem e nts of E xh ibit D . Fa ilu re of C O N S U L T A N T to ve rify existe nce of sub -co ntracto r's in su rance sh a ll no t re lie ve C O N S U L T A N T fr o m a ny claim a risin g fr om su b -co ntra cto rs w o rk on be half of C O N S U L T A N T.

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Agenda Item No: 12.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023253 of the City Council of the City of Fairfield Approving Acceptance of the California Office of Traffic Safety 20232024 Selective Traffic Enforcement Program (STEP) Grant and Approval of Activities to Reduce Traffic Collisions and Fatalities Due to Unsafe Driving
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Police Department has applied for and obtained tentative approval for a traffic safety grant from the State of California, Office of Traffic Safety. The grant is in the amount of $219,000 and will fund several traffic safety activities to include sobriety checkpoints, impaired driving saturation patrols, distracted driving enforcement, motorcycle enforcement and enforcement operations for reducing collisions involving pedestrians and bicyclists. Additionally, the grant provides travel funds for instate training and Driving Under the Influence (DUI) checkpoint supplies.

DISCUSSION
The Fairfield Police Department continuously focuses staffing and financial resources on traffic safety.

This improves the quality of life for our residents and visitors utilizing our local highways. The goal of the Fairfield Police Department’s Traffic Unit is to reduce injury and fatal collisions on our roadways. The Traffic Unit plans to reduce these collisions by dedicating enforcement resources to behaviors known to result in traffic crashes.

This grant allows the Fairfield Police Department to assign officers on an overtime basis and task them with specifically enforcing the traffic safety laws. These enforcement operations will focus on times and locations when these collisions are known to occur.

In 2022, the Fairfield Police Department took 1,387 traffic collision reports. Out of those 1,387 traffic collisions, 548 resulted in injury, 9 resulted in a fatality, and 155 were alcohol or drug related.

FINANCIAL IMPACT
Packet Page 75 of 98

Agenda Item No: 12.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023253 of the City Council of the City of Fairfield Approving Acceptanceof the California Office of Traffic Safety 20232024 Selective Traffic EnforcementProgram (STEP) Grant and Approval of Activities to Reduce Traffic Collisions andFatalities Due to Unsafe DrivingRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Police Department has applied for and obtained tentative approval for a traffic safety grantfrom the State of California, Office of Traffic Safety. The grant is in the amount of $219,000 and will fundseveral traffic safety activities to include sobriety checkpoints, impaired driving saturation patrols,distracted driving enforcement, motorcycle enforcement and enforcement operations for reducingcollisions involving pedestrians and bicyclists. Additionally, the grant provides travel funds for instatetraining and Driving Under the Influence (DUI) checkpoint supplies.DISCUSSIONThe Fairfield Police Department continuously focuses staffing and financial resources on traffic safety.This improves the quality of life for our residents and visitors utilizing our local highways. The goal of theFairfield Police Department’s Traffic Unit is to reduce injury and fatal collisions on our roadways. TheTraffic Unit plans to reduce these collisions by dedicating enforcement resources to behaviors known toresult in traffic crashes.This grant allows the Fairfield Police Department to assign officers on an overtime basis and task themwith specifically enforcing the traffic safety laws. These enforcement operations will focus on times andlocations when these collisions are known to occur.In 2022, the Fairfield Police Department took 1,387 traffic collision reports. Out of those 1,387 trafficcollisions, 548 resulted in injury, 9 resulted in a fatality, and 155 were alcohol or drug related.

FINANCIAL IMPACT
With the acceptance of the grant, the Fairfield Police Department will receive $219,000. The grant funding will cover overtime costs for the Fairfield Police Department personnel participating in grant related activities. A Special Programs Fund will be used for the grant (Fund 155, Organization Code 50199, and Project 10194).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to accept the grant funding.

STAFF CONTACT
Robert Piro, Police Sergeant
(707) 4287524
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/18/2023 4:39 PM
Packet Page 76 of 98

CITY OF FAIRFIELD

RESOLUTION NO. 2023-253

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING ACCEPTANCE OF THE CALIFORNIA OFFICE OF TRAFFIC SAFETY 2023-2024 SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM (STEP) GRANT AND APPROVAL OF ACTIVITIES TO REDUCE TRAFFIC COLLISIONS

AND FATALITIES DUE TO UNSAFE DRIVING

WHEREAS, the City of Fairfield recognizes traffic safety is a quality of life issue and a major concern to all its residents; and

WHEREAS, the Police Department has determined that a significant number of traffic collisions involve unsafe driving; and

WHEREAS, the Police Department wishes to continue a partnership with the California Office of Traffic Safety and undertake a project designated as the Selective Traffic Enforcement Program Grant for 2023-2024; and

WHEREAS, the City of Fairfield has been awarded a grant in the amount of $219,000 by the California Office of Traffic Safety to conduct several traffic safety enforcement operations between October 1, 2023, through September 30, 2024.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain grant agreement with the California Office of Traffic Safety; and

Section 2. The city manager is directed to do all things necessary and proper to implement the above-mentioned agreement, using a special programs fund (Fund 155, Organization Code 50199).

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RES. NO. 2023-253

Page 2 ends

PASSED AND ADOPTED this 3rd day of October, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 13.

AGENDA REPORT
DATE:October 3, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Approving Appointments to the Landscape Oversight Committee RECOMMENDED ACTION
Approve appointments. Perform oath of office.

STATEMENT OF ISSUE
The City Council is being asked to approve the appointments as follows:

Landscape Oversight Committee
Term 8/1/2023 – 6/30/2028
District 1 – Reginald Nelson
District 2 –Kim Letterman
District 3 – Victoria Cook
District 4 – Rick Johnson
District 5 – James Carr
District 6 – Patricia Pimentel
AtLarge – Carlos Davila

DISCUSSION
Seven seats are available for the Landscape Oversight Committee for a fiveyear term of August 1, 2023, through June 30, 2028.

The mayor and councilmembers reviewed the applications and provided the recommendations for the selection of the Landscape Oversight Committee.

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Agenda Item No: 13.AGENDA REPORTDATE:October 3, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Approving Appointments to the Landscape Oversight CommitteeRECOMMENDED ACTIONApprove appointments. Perform oath of office.STATEMENT OF ISSUEThe City Council is being asked to approve the appointments as follows:Landscape Oversight CommitteeTerm 8/1/2023 – 6/30/2028District 1 – Reginald NelsonDistrict 2 –Kim Letterman District 3 – Victoria CookDistrict 4 – Rick JohnsonDistrict 5 – James Carr District 6 – Patricia PimentelAtLarge – Carlos DavilaDISCUSSIONSeven seats are available for the Landscape Oversight Committee for a fiveyear term of August 1,2023, through June 30, 2028.

The mayor and councilmembers reviewed the applications and provided the recommendations for the selection of the Landscape Oversight Committee.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the appointments, thereby leaving vacancies.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
N/A
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/6/2023 8:30 AM
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Fairfield City CouncilOctober 3, 2023

Fairfield City Council
October 3, 2023