Agenda, first session — Fairfield City Council, October 17, 2023 (part 1 of 2)

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

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

1.Proclamation Declaring Breast Cancer Awareness Month Presented by Mayor Catherine "Cat" Moy
Contact:Karen L. Rees, (707) 4287767
a

2.Poem and Proclamation Declaring Filipino American History Month Presented by Poet Laureate Suzanne Bruce and Councilmember Rick Vaccaro
Contact:Karen L. Rees, (707) 4287767
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.

3.Resolution 2023254 of the City Council of the City of Fairfield Accepting the Fairfield Highway Safety Improvement Program Cycle 9 Guardrail Replacement Project, Federal Aid Project No.

HSIPL5132(052) as Complete
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

4.Resolution 2023255 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Fairfield Industrial Center Buildings 2 & 3) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 65 Recommended Action
Adopt resolution.

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

5.Resolution 2023256 of the City Council of the City of Fairfield Approving the City of Fairfield Homeless Services Manager as a Government Representative on the Housing First Solano Packet Page 2 of 284

Funding Source
N/A
Contact:Samantha Burrows, (707) 4287749
a
NEW BUSINESS

6.Receive Update on Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA)
Recommended Action
Receive and file report.

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

7.Resolution 2023257 of the City Council of the City of Fairfield Approving a Management Agreement with Touchstone Golf, LLC for Operation and Maintenance of the Rancho Solano and Paradise Valley Golf Courses
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Kristina Kaunzinger, (707) 4287470
a

8.Resolution 2023258 of the City Council of the City of Fairfield Declaring the Results of a Special Election for the City of Fairfield Community Facilities District No. 20232 (Train Station Specific Plan II) and Directing the Recording of a Notice of Special Tax Lien; and First Reading and Introduction of Ordinance 202312 of the City Council of the City of Fairfield Authorizing the Levy of a Special Tax Within the City of Fairfield Community Facilities District No. 20232 (Train Station Specific Plan II)
Recommended Action
Adopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.

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

9.Discussion and Direction Regarding the Failed June 2023 Proposition 218 Vote for Seven Landscaping and Lighting Maintenance Districts
Recommended Action
Receive report, open discussion, and provide direction to staff.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, OCTOBER 17, 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 Joe Smith, Calvary Baptist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Breast Cancer Awareness Month Presented by Mayor Catherine "Cat"MoyContact:Karen L. Rees, (707) 4287767a2.Poem and Proclamation Declaring Filipino American History Month Presented by PoetLaureate Suzanne Bruce and Councilmember Rick VaccaroContact:Karen L. Rees, (707) 4287767aPUBLIC 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.3.Resolution 2023254 of the City Council of the City of Fairfield Accepting the Fairfield HighwaySafety Improvement Program Cycle 9 Guardrail Replacement Project, Federal Aid Project No.HSIPL5132(052) as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a4.Resolution 2023255 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (Fairfield Industrial Center Buildings 2 & 3) to Community Facilities District No. 20122and Authorizing the Levy of Special Taxes Therein for Annexation No. 65Recommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a5.Resolution 2023256 of the City Council of the City of Fairfield Approving the City of FairfieldHomeless Services Manager as a Government Representative on the Housing First SolanoContinuum of Care BoardRecommended ActionAdopt resolution.Funding SourceN/AContact:Samantha Burrows, (707) 4287749aNEW BUSINESS6.Receive Update on Community Action Partnership Solano Joint Powers Authority (CAP SolanoJPA)Recommended ActionReceive and file report.Funding SourceN/AContact:David Gassaway, (707) 4287400a7.Resolution 2023257 of the City Council of the City of Fairfield Approving a ManagementAgreement with Touchstone Golf, LLC for Operation and Maintenance of the Rancho Solanoand Paradise Valley Golf CoursesRecommended ActionAdopt resolution.Funding SourceN/AContact:Kristina Kaunzinger, (707) 4287470a8.Resolution 2023258 of the City Council of the City of Fairfield Declaring the Results of aSpecial Election for the City of Fairfield Community Facilities District No. 20232 (Train StationSpecific Plan II) and Directing the Recording of a Notice of Special Tax Lien; and First Reading and Introduction of Ordinance 202312 of the City Council of the City of FairfieldAuthorizing the Levy of a Special Tax Within the City of Fairfield Community Facilities DistrictNo. 20232 (Train Station Specific Plan II)Recommended ActionAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.Funding SourceN/AContact:Chris Lewis, (707) 4287089a9.Discussion and Direction Regarding the Failed June 2023 Proposition 218 Vote for SevenLandscaping and Lighting Maintenance DistrictsRecommended ActionReceive report, open discussion, and provide direction to staff.Funding SourceN/A Contact:Chris Lewis, (707) 4287089
a

10.Option 1:

Resolution 2023259 of the City Council of the City of Fairfield Authorizing a Community Development Department/Public Works Department Application Fee Waiver for City Church Entitlements Relating to Homeless Shelter Services at 743 E Tabor Avenue Option 2:

Resolution 2023260 of the City Council of the City of Fairfield Denying a Community Development Department/Public Works Department Application Fee Waiver Request for City Church Entitlements Relating to Homeless Shelter Services at 743 E Tabor Avenue Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Meily Sheehan, (707) 4287474
a
PUBLIC HEARINGS

11.Public Hearing and;
Resolution 2023261 of the City Council of the City of Fairfield Denying Amendment Requests to the Train Station Specific Plan (SP2022001)
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:Meily Sheehan, (707) 4287474
a
ADJOURN TO TUESDAY, NOVEMBER 7, 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, October 11, 2023.

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Agenda Item No: 3.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023254 of the City Council of the City of Fairfield Accepting the Fairfield Highway Safety Improvement Program Cycle 9 Guardrail Replacement Project, Federal Aid Project No. HSIPL5132(052) as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of this resolution accepts the Fairfield Highway Safety Improvement Program (HSIP) Cycle 9 Guardrail Replacement Project, Federal Aid Project No. HSIPL5132(052) (Project) as complete.

DISCUSSION
On January 17, 2023, the City adopted Resolution No. 202305 approving a contract with Dirt and Aggregate Interchange, Inc. for the Project. The Project was completed on September 19, 2023.

The construction authorization for the Project was approved for $1,003,960. This amount included a total bid of $912,691 and a 10% contingency of $91,269. The final cost for the Project was $913,806.32, which is 9% below the amount originally authorized for construction improvements.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary background information.

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Agenda Item No: 3.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023254 of the City Council of the City of Fairfield Accepting the FairfieldHighway Safety Improvement Program Cycle 9 Guardrail Replacement Project, FederalAid Project No. HSIPL5132(052) as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution accepts the Fairfield Highway Safety Improvement Program (HSIP)Cycle 9 Guardrail Replacement Project, Federal Aid Project No. HSIPL5132(052) (Project) ascomplete.DISCUSSIONOn January 17, 2023, the City adopted Resolution No. 202305 approving a contract with Dirt andAggregate Interchange, Inc. for the Project. The Project was completed on September 19, 2023.The construction authorization for the Project was approved for $1,003,960. This amount included atotal bid of $912,691 and a 10% contingency of $91,269. The final cost for the Project was$913,806.32, which is 9% below the amount originally authorized for construction improvements. FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions, acceptance may be delayed so that staff may provide the necessary background information.

STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287478
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 10/2/2023 5:48 PM
Kaushal, Paul Approved 10/2/2023 11:25 PM
Beavers, Esther Approved 10/3/2023 10:53 AM
Beavers, Esther Approved 10/3/2023 10:55 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-254

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE FAIRFIELD HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 9 GUARDRAIL PROJECT, FEDERAL AID PROJECT NO. HSIPL 5132 (052) AS COMPLETE

WHEREAS, the City Council approved a contract with Dirt and Aggregate Interchange Inc. for the Fairfield Highway Safety Improvement Program (HSIP) Cycle 9 Guardrail Project, Federal Aid Project No. HSIPL 5132 (052) (Project) on January 17, 2023, by Resolution No. 2023-05; and

WHEREAS, Dirt and Aggregate Interchange Inc. has completed the Project in accordance with the contract approved by the council.

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

Section 1. The City of Fairfield hereby accepts the Project as complete pursuant to the agreement between the City and Dirt and Aggregate Interchange, Inc., made on January 17, 2023.

PASSED AND ADOPTED this 17th 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 7 of 284Attachment 1 Page 1 of 1

Agenda Item No: 4.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023255 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Fairfield Industrial Center Buildings 2 & 3) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 65
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the attached resolution will begin the proceedings for the annexation of certain property, known as Fairfield Industrial Center Buildings 2 & 3, to Community Facilities District 20122 (CFD 20122 or District). CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

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

The property proposed for annexation is owned by 8012 Industrial Center, LLC (Developer) and is located east of Chadbourne Road and south of Highway 12 within the boundary of assessor’s parcel numbers (APNs) 0028750240, 0028750240250, 0028750240260, 0028750240270, 0028 750240290, and 0028750240300, as depicted on Exhibit A. The development on the property will be two industrial buildings. Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

The City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation process. This process is a specialty service that the City has contracted out since 1995, on an individual consultant services basis for each development requiring Packet Page 8 of 284

Adoption of the Resolution of Intention is the first step to annex this property to CFD 20122. This will be the 65th annexation to the district. The resolution also establishes November 21, 2023, as the public hearing date for the final consideration of the annexation of the property to CFD 20122. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property beginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment was established as part of the formation of the District and fixed FY 20122013 as the base year for the annual special tax rate as shown in Exhibit B.

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

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $23,803.34, which is based on the FY 20232024 maximum special tax rate for singlefamily residential property. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the Developer and no general fund monies are used for this effort.

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

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

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

Reviewer Action Date
Panganiban, Ryan Approved 10/2/2023 5:48 PM
Kaushal, Paul Approved 10/2/2023 11:26 PM
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Agenda Item No: 4.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023255 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Fairfield Industrial Center Buildings 2 & 3) to Community FacilitiesDistrict No. 20122 and Authorizing the Levy of Special Taxes Therein for AnnexationNo. 65RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as Fairfield Industrial Center Buildings 2 & 3, to Community Facilities District 20122 (CFD20122 or District). CFD 20122 was established as an annexable district to provide funding to offsetthe increased cost for public safety services, open space operation, and park maintenance created bynew development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield would annex to thisDistrict. The special taxes collected from the property owners within the District are used to fund publicsafety services, open space operation, and park maintenance.The property proposed for annexation is owned by 8012 Industrial Center, LLC (Developer) and islocated east of Chadbourne Road and south of Highway 12 within the boundary of assessor’s parcelnumbers (APNs) 0028750240, 0028750240250, 0028750240260, 0028750240270, 0028750240290, and 0028750240300, as depicted on Exhibit A. The development on the property willbe two industrial buildings. Development of this property will change the property’s characteristics andmanner in which the property will be used, thereby creating a need for more services funded by CFD20122.The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995, on an individual consultant services basis for each development requiringannexation into a MelloRoos community facilities district.Adoption of the Resolution of Intention is the first step to annex this property to CFD 20122. This will bethe 65th annexation to the district. The resolution also establishes November 21, 2023, as the publichearing date for the final consideration of the annexation of the property to CFD 20122. Once theannexation is complete, the property owners will be required to pay annual special taxes for the propertybeginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with therate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax. The CFD 20122 Rate and Method of Apportionment was established as part of the formation of theDistrict and fixed FY 20122013 as the base year for the annual special tax rate as shown in Exhibit B.Since the formation, assessments have increased based on a cost inflator allowed in the originalformation documents. Exhibit C shows the current special tax rate for the District.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexationis estimated to be $23,803.34, which is based on the FY 20232024 maximum special tax rate forsinglefamily residential property. The CFD 20122 maximum special tax rates include an automaticannual consumer price index (CPI) adjustment. The process for the annexation is funded by theDeveloper and no general fund monies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions concerning the required annexation of this development, this item maybe rescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Exhibit A Boundary MapAttachment 3: Exhibit B Rate and Method of Apportionment of Special TaxAttachment 4: Exhibit C Maximum Special Tax RateREVIEWERS:Reviewer Action Date Panganiban, Ryan Approved 10/2/2023 5:48 PM
Kaushal, Paul Approved 10/2/2023 11:26 PM
Beavers, Esther Approved 10/3/2023 11:09 AM
Beavers, Esther Approved 10/3/2023 11:09 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-255

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (FAIRFIELD INDUSTRIAL CENTER BUILDING 2 & 3) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 65

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

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

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

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

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

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 24 of Maps of Assessment and Community Facilities Districts at page 87-100 in the Office of the County Recorder, County of Solano, State of California, to which map reference is hereby made, as well as the maps for Annexations 1 through 40 filed in Book 25 of Maps of Assessment and Community Facilities Districts at Pages 8, 12, 14, 19, 20, 31, 33, 34, 35, 38, 44, 45, 51, 53, 54, 57, 58, 59, 65, 64, 66, 68, 72, 73, 76, 77, 78, 79, 80, 81, 83, 84, 89, 90, 93, 94, 95, 96, 97 and 99 and the maps for Annexations 41 through 64 filed in Book 26 of Maps of Assessment and Community Facilities Districts at Pages 2, 4, 5, 6, 7, 13, 14, 15, 18, 24, 25, 26, 34, 35, 40, 41, 42, 54, 55, 58, 66, 67 and 85 which have been filed with the Solano County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 65 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 65 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Solano within 15 days of this resolution's adoption date.

Packet Page 11 of 284Attachment 1 Page 1 of 3

RES. NO. 2023-255

Page 2 ends

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

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

Section 6. Notice is given that on November 21, 2023, at 6:00 p.m., in the regular meeting place of the council at Council Chambers, located at 1000 Webster Street, Fairfield, California, the council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

Section 7. The city clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act.

Packet Page 12 of 284Attachment 1 Page 2 of 3

RES. NO. 2023-255

Page 3 ends

PASSED AND ADOPTED this 17th 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 13 of 284Attachment 1 Page 3 of 3

T1T2T3T4T6T5ANNEXATION MAP NO. 65 (FAIRFIELD INDUSTRIAL CENTER BLDGS 2 & 3)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapSiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 65 (FAIRFIELD INDUSTRIALCENTER BLDGS 2 & 3) OF COMMUNITY FACILITIES DISTRICT NO.2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, ANDPARK MAINTENANCE), CITY OF FAIRFIELD, COUNTY OF SOLANO,STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OFTHE CITY OF FAIRFIELD AT A REGULAR MEETING, THEREOF, HELDON THE ____________ DAY OF ____________, 20___, BY ITSRESOLUTION NO. ___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___, ATTHE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendMap Reference NumberAnnexation No. 651BUSH DRHIGHWAY NO. 12CHADBOURNE RD

WATNEY W Y
HIGHWAY NO. 12INTERSTATE 80CHADBOURNE RD
ABERNATHY RDMAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0028-750-2402 0028-750-2503 0028-750-2604 0028-750-2705 0028-750-2906 0028-750-300EXHIBIT APacket Page 14 of 284Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

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

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

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

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

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Exhibit B

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

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

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

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

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

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

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

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

“City” means the City of Fairfield.

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

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

“Commercial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non- residential use located in a commercial zoning district as described in Section 25.22 of the Zoning Packet Page 16 of 284Attachment 3 Page 2 of 10

Exhibit B

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Ordinance and all other property considered commercial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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

“County” means the County of Solano, California.

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

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

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

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

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

“Final Subdivision Map” means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 6610 et seq.), or recordation of a condominium plan pursuant to California Civil Code Section 1352, that creates individual lots for which building Packet Page 17 of 284Attachment 3 Page 3 of 10

Exhibit B

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permits may be issued without further subdivision and is recorded prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied.

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

“High Density Residential Housing” means all Assessor’s Parcels of Developed Property for which a building permit has been issued as of April 1st preceding the Fiscal Year in which the Special Tax is being levied for a residential structure consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

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

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

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

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

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

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

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

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Exhibit B

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

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

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

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

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

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

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

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Exhibit B

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

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

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

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

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

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

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

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Exhibit B

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

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

“State” means the State of California.

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

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

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

B. ASSIGNMENT TO LAND USE CATEGORIES

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

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Exhibit B

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C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

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

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

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.

2. Exempt Property

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

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

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Exhibit B

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

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

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

E. APPEALS

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

F. MANNER OF COLLECTION

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

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Exhibit B

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G. TERM OF SPECIAL TAX

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

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EXHIBIT C

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

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

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

Exempt Property

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

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Agenda Item No: 5.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023256 of the City Council of the City of Fairfield Approving the City of Fairfield Homeless Services Manager as a Government Representative on the Housing First Solano Continuum of Care Board
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Housing First Solano is a coalition of service providers in Solano County working together to end homelessness. The City of Fairfield fully supports the efforts and objectives of the Housing First Solano Continuum of Care and desires to remain a partner in addressing the needs and issues of homeless individuals. The City of Fairfield seat on the Housing First Solano Continuum of Care Board is currently vacant.

DISCUSSION
The Housing First Solano Continuum of Care Board is comprised of government representatives from each jurisdiction in Solano County. Due to staff changes within the Homeless Services Division, the Government Representative seat from the City of Fairfield is currently vacant. The City of Fairfield Homeless Services Manager typically fills this role.

Since the City has recently onboarded a new Homeless Services Manager, it is recommended that the Homeless Services Manager be appointed as the representative.

The government seats are held by the jurisdictions themselves rather than the person serving in the seat, and those appointees are subject to the appointment processes within that jurisdiction. Each jurisdiction must notify the Continuum of Care staff at least annually who the appointed member will be.

If there are any changes or if that person is not meeting the attendance requirements for the Board, the jurisdiction must inform the Continuum of Care staff of the new appointee as soon as possible.

FINANCIAL IMPACT
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Agenda Item No: 5.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023256 of the City Council of the City of Fairfield Approving the City ofFairfield Homeless Services Manager as a Government Representative on the HousingFirst Solano Continuum of Care BoardRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEHousing First Solano is a coalition of service providers in Solano County working together to endhomelessness. The City of Fairfield fully supports the efforts and objectives of the Housing First SolanoContinuum of Care and desires to remain a partner in addressing the needs and issues of homelessindividuals. The City of Fairfield seat on the Housing First Solano Continuum of Care Board is currentlyvacant.DISCUSSIONThe Housing First Solano Continuum of Care Board is comprised of government representatives fromeach jurisdiction in Solano County. Due to staff changes within the Homeless Services Division, theGovernment Representative seat from the City of Fairfield is currently vacant. The City of FairfieldHomeless Services Manager typically fills this role.Since the City has recently onboarded a new Homeless Services Manager, it is recommended that theHomeless Services Manager be appointed as the representative.The government seats are held by the jurisdictions themselves rather than the person serving in theseat, and those appointees are subject to the appointment processes within that jurisdiction. Eachjurisdiction must notify the Continuum of Care staff at least annually who the appointed member will be.If there are any changes or if that person is not meeting the attendance requirements for the Board, thejurisdiction must inform the Continuum of Care staff of the new appointee as soon as possible.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to adopt the resolution.

STAFF CONTACT
Samantha Burrows, Homeless Services Manager
(707) 4287749
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Samantha, Samantha Approved 9/28/2023 4:49 PM
Beavers, Esther Approved 9/29/2023 12:05 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-256

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

FAIRFIELD HOMELESS SERVICES MANAGER AS A GOVERNMENT REPRESENTATIVE ON THE

HOUSING FIRST SOLANO CONTINUUM OF CARE BOARD

WHEREAS, the City of Fairfield fully supports the efforts and objectives of the Housing First Solano Continuum of Care and desires to remain a partner in addressing the needs and issues of homeless individuals; and

WHEREAS, the City of Fairfield recognizes a need to coordinate and develop a continuum of services in partnership with cities in Solano County with the ultimate goal of preventing and ending homelessness; and

WHEREAS, the Housing First Solano Continuum of Care is a regional planning body of representative stakeholders in Solano County whose efforts are aimed at permanent solutions, and the range of services are designed to meet the unique and complex needs of individuals and families who are at risk of or are currently experiencing homelessness; and

WHEREAS, the Housing First Solano membership is comprised of representatives of relevant organizations within the geographic area covering the seven cities located in Solano County and includes the housing and service plans for people experiencing homelessne ss or a housing crisis in each area; and

WHEREAS, the City does not want to lose momentum of these regional efforts and supports a staff appointment as a Government Representative on the Housing First Solano Continuum of Care Board; and

WHEREAS, the city manager has reviewed and approved the recommended appointments to the City Council.

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

Section 1. The appointment of the City of Fairfield Homeless Services Manager as the Government Representative on the Housing First Solano Continuum of Care Board.

Section 2. The city manager is hereby authorized to implement this resolution.

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RES. NO. 2023-256

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PASSED AND ADOPTED this 17th 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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Agenda Item No: 6.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Receive Update on Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA)
RECOMMENDED ACTION
Receive and file report.

STATEMENT OF ISSUE
The Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA) restructured its Board of Directors in September 2022, with elected officials from each of the seven cities and Solano County appointed to the Board. Councilmember Vacarro is the voting member, and Councilmember Panduro is the alternate. Staff and Councilmembers Vacarro and Panduro will provide an update on the work of the CAP Solano JPA to the City Council.

DISCUSSION
CAP Solano JPA is a regional coordinating entity for homeless services and funding. The JPA oversees and coordinates homeless and safety net services to inneed residents in Solano County. To accomplish its mission, CAP Solano JPA:

1. Serves as the conduit for safety net funding received from the Federal and State Governments.

2. Administers funds and makes grants available to government entities within the County and to nonprofit organizations for services to the homeless population.

3. Set policy and act as the central agency for the oversight and technical assistance for the operation of homeless shelters, transitional housing, homeless assistance centers, community action councils, and other safety net services.

Starting in March 2023, the CAP Solano JPA Board of Directors held multiple planning sessions to create strategic priorities. Attached is an overview of the strategic priorities identified by the Board. A critical first step identified by the Board is the establishment of JPA staffing. Currently, CAP Solano JPA has only one contract employee provided by the City of Fairfield. The JPA relies heavily on inkind staffing services from the County and fiscal agent services provided by Vacaville (assistance is partly funded and partly provided inkind). Additionally, the JPA contracts with Homebase, a nonprofit law firm that is contracted to provide legal and technical assistance. However, Homebase has been augmenting staffing needs and has indicated a desire to remove itself from playing any administrative role.

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With dedicated staffing, the JPA seeks to improve regional coordination of policy, increase capacity to focus on collaborative/coordinated provision of services, expand technical assistance for nonprofit service providers, and increase access to funding for the region. As currently staffed, the JPA is struggling to meet the demands of existing Statebased funding programs, such as the Homeless Housing, Assistance and Prevention (HHAP) program, California Emergency Solutions and Housing (CESH) program, and Emergency Solutions Grant (ESG) programs. Limited capacity also limits the ability of the JPA to seek additional funding streams to improve the coordinated provision of services across the County.

At the Board’s request, the City/County Manager’s group met and identified a staffing plan to address the needs of the JPA. The recommendation is for the JPA to hire 6.5 fulltime equivalent positions over the next three years. The JPA staff would be hired as employees of one of the participating jurisdictions on contract with the JPA. The staffing model would also remove Vacaville from serving as the fiscal agent for the JPA.

The staffing model is not covered by current grant administration funds and will require augmentation from participating jurisdictions. Various models of how to split the costs are being explored and discussed.

Lastly, the next large undertaking for the JPA is coordinating and overseeing the 2024 PointinTime Count (PIT Count). The PIT Count is a HUD mandated exercise to make the best efforts to count the individuals experiencing homelessness in the community. The PIT Count, while imperfect, is how HUD determines the need for annual funding provided to the Continuum of Care. The JPA will conduct the PIT Count in January and coordinate countywide as required.

FINANCIAL IMPACT
There is no fiscal impact to this update. However, the JPA discussion about staffing and how to fund the staffing needs of the JPA may result in a request for financial support in the future.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
David Gassaway, City Manager
(707) 4287400
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
2023 CAP Solano JPA Strategic Priorities Next Steps
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/10/2023 9:38 AM
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Agenda Item No: 6.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Receive Update on Community Action Partnership Solano Joint Powers Authority (CAPSolano JPA)RECOMMENDED ACTIONReceive and file report.STATEMENT OF ISSUEThe Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA) restructured itsBoard of Directors in September 2022, with elected officials from each of the seven cities and SolanoCounty appointed to the Board. Councilmember Vacarro is the voting member, and CouncilmemberPanduro is the alternate. Staff and Councilmembers Vacarro and Panduro will provide an update on thework of the CAP Solano JPA to the City Council.DISCUSSIONCAP Solano JPA is a regional coordinating entity for homeless services and funding. The JPAoversees and coordinates homeless and safety net services to inneed residents in Solano County. Toaccomplish its mission, CAP Solano JPA:1. Serves as the conduit for safety net funding received from the Federal and State Governments.2. Administers funds and makes grants available to government entities within the County and tononprofit organizations for services to the homeless population.3. Set policy and act as the central agency for the oversight and technical assistance for theoperation of homeless shelters, transitional housing, homeless assistance centers, communityaction councils, and other safety net services.Starting in March 2023, the CAP Solano JPA Board of Directors held multiple planning sessions tocreate strategic priorities. Attached is an overview of the strategic priorities identified by the Board. Acritical first step identified by the Board is the establishment of JPA staffing. Currently, CAP Solano JPAhas only one contract employee provided by the City of Fairfield. The JPA relies heavily on inkindstaffing services from the County and fiscal agent services provided by Vacaville (assistance is partlyfunded and partly provided inkind). Additionally, the JPA contracts with Homebase, a nonprofit law firmthat is contracted to provide legal and technical assistance. However, Homebase has been augmentingstaffing needs and has indicated a desire to remove itself from playing any administrative role. With dedicated staffing, the JPA seeks to improve regional coordination of policy, increase capacity tofocus on collaborative/coordinated provision of services, expand technical assistance for nonprofitservice providers, and increase access to funding for the region. As currently staffed, the JPA isstruggling to meet the demands of existing Statebased funding programs, such as the HomelessHousing, Assistance and Prevention (HHAP) program, California Emergency Solutions and Housing(CESH) program, and Emergency Solutions Grant (ESG) programs. Limited capacity also limits theability of the JPA to seek additional funding streams to improve the coordinated provision of servicesacross the County. At the Board’s request, the City/County Manager’s group met and identified a staffing plan to addressthe needs of the JPA. The recommendation is for the JPA to hire 6.5 fulltime equivalent positions overthe next three years. The JPA staff would be hired as employees of one of the participating jurisdictionson contract with the JPA. The staffing model would also remove Vacaville from serving as the fiscalagent for the JPA. The staffing model is not covered by current grant administration funds and will require augmentationfrom participating jurisdictions. Various models of how to split the costs are being explored anddiscussed.Lastly, the next large undertaking for the JPA is coordinating and overseeing the 2024 PointinTimeCount (PIT Count). The PIT Count is a HUD mandated exercise to make the best efforts to count theindividuals experiencing homelessness in the community. The PIT Count, while imperfect, is how HUDdetermines the need for annual funding provided to the Continuum of Care. The JPA will conduct the PITCount in January and coordinate countywide as required.FINANCIAL IMPACTThere is no fiscal impact to this update. However, the JPA discussion about staffing and how to fund thestaffing needs of the JPA may result in a request for financial support in the future.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONN/ASTAFF CONTACTDavid Gassaway, City Manager(707) 428[email protected] WITHN/AATTACHMENTS:Description2023 CAP Solano JPA Strategic Priorities Next StepsREVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/10/2023 9:38 AM
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2023 CAP Solano JPA Strategic Priorities Next Steps
Strategic Goal Status Activity Timeline
Consensus Appropriate staffing is necessary to maintain JPA activities as administrative entities and pursue additional polity level activities.

Next Step Consider two staffing models with details regarding cost and structure to be presented at the June JPA meeting. Jun-23
Future Planning
Select staffing model, locate funding to support ongoing staff support, determine hosting jurisdiction/entity. Utilize City Managers as needed for implementation.

Oct-23
Consensus The JPA board needs a clear assessment of the current resources and gaps in the homeless system of care to make informed decisions.

Next Step Initiate gaps analysis.Jun-23
Future Planning Assess and implement recommendations identified through the gaps analysis. TBD
Consensus An advisory committee will be a great resource to the JPA staff and Board, but need to clarify composition and role.

Next Step JPA Staff will contact each jurisdiction to clarify the membership of the TAC and bring back a current roster to the JPA Board.Jun-23 Future Planning The JPA will revisit TAC roles and responsibilities after the JPA staffing discussion and begin convening the TAC.EOY 23
Consensus
The JPA recognizes the importance of continuing implementation of the 5 year Regional Strategic Plan and using it as a guiding document.

Future Planning Identify a committee of JPA members and other stakeholders as needed to lead this work forward. EOY 23
Consensus It would benefit the JPA to hear from other jurisdictions and collaborate across jurisdictions on projects.

Future Planning
Create a regular cadence of presentations from innovative providers and best practices. Have local providers or projects of interest from each jurisdiction present at JPA meetings.

Ongoing
Consensus Increased feedback between the three Boards is highly desired.

Next Step Schedule two times a year to host joint meetings. Establish CoC and TAB report outs at JPA Board meetings and vice versa. Jun-23 Future Planning
Have more members from the JPA on the CoC and vice versa.

Discuss other ways to collaborate and leverage expertise amongst the 3 bodies.

EOY 23
Background: The CAP Solano JPA board contracted with Homebase to lead a two-day workshop that included foundational trainings and facilitated discussion around homelessness in Solano County. The JPA board convened on April 22, 2023, and April 27, 2023, to discuss the current state of homelessness in Solano and the homeless system of care structure. As a result of these discussions, the following key takeaways and next steps were identified.

JPA Staffing
Strategic Plan
Implementation
Gaps Analysis
Technical
Advisory
Committee
Partnership with
existing
providers
Regular
feedback
between JPA,
TAB and CoC
Boards

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Strategic Goal Status Activity Timeline
JPA Staffing
Consensus Increased engagement and feedback from people with lived experience is highly desired.

Next Step Establish frequency of report outs from people with lived experience at JPA meetings. Jun-23
Future Planning
Discuss other roles and responsibilities where the expertise of people with lived experience could be utilized and put policies in place for compensation for the time and travel.

EOY 23
Consensus
Increased coordination and attention across jurisdictions could improve the accuracy of the Point in Time Count creating improved data.

Next Step Begin coordination for 2024 Point in Time Count summer 2023 to ensure countywide participation.Summer 2023
Future Planning
Integrate Point in Time Count planning into overall data planning; decide on biennial versus annual Count to increase accuracy and engagement.
2024
Consensus Increase the use of data to drive decision-making.

Next Step
Transition to Clarity Homeless Management Information System (HMIS) for better data quality and analysis capabilities; Identify data dashboard models which could be implemented for real time data tracking.

Early 2024
Future Planning Implement a data driven decision-making and accountability system(s) to track outcomes in the strategic plan.2024
Consensus Street outreach is an important component of Solano's homeless system of care that needs further development.

Next Step
Invite other communities to share their homeless outreach model.

Schedule a presentation that models a community dashboard of interest.

EOY 2023
Future Planning
Learn about homeless outreach best practices. Identify funding for the growth and further collaboration of homeless outreach in Solano County.
2024
Consensus Prioritize programs utilizing low-barrier, housing focused regional approach with same day access for available beds.

Future Planning Have gaps analysis inform priority and specifics of need. Schedule a presentation from a successful safe parking project. EOY 2023 Consensus
Prioritize addressing needs of people who are at imminent risk of homelessness or living in deep poverty to prevent them from becoming homeless in the first place
Next Step Utilize HHAP and HHIP funding to create countywide diversion and prevention programs.EOY 2023
Future Planning
Support the development of regional prevention and diversion protocols as a priority of the strategic plan. Continue to identify funding for prevention and diversion programs.
2024
Point in Time
Count
Regional Crisis
Response
Regular
feedback from
people with
lived experience
Street Outreach
Prevention/
Diversion
Data Utlization

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Strategic Goal Status Activity Timeline
JPA Staffing
Consensus
Permanent housing, through long term rapid rehousing subsidies and permanent supportive housing, is the most crucial resource to addressing homelessness
Future Planning Better understand the level of need and utilize existing funding (CoC, etc.) for permanent housing (PH) through Gaps Analysis.EOY 2023 Future Planning Consider regional policies that would increase the ability to create permanent housing opportunities. 2024
Consensus Work collectively to create additional affordable housing in Solano.

Future Planning
Consider regional models for affordable housing development. Create a committee or set aside additional JPA time to discuss impactful policy options for affordable housing development.

EOY 2023
Consensus
Priority should be to increase income (ex: vocational training programs, etc.) while decreasing expenses (ex: subsidizing childcare and transportation).

Future Planning
Invite partnering agencies (Solano County Behavioral Health, Solano Transportation Authority, Workforce Development Board, etc.) to come and share about their programs and discuss ways to collaborate around these goals. Collaborate with employment agencies to increase access to higher paying jobs.
2024
Permanent
Housing (Rapid
Rehousing +
Permanent
Supportive
Housing)
Stabilization
Services
Affordable
Housing

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Agenda Item No: 7.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023257 of the City Council of the City of Fairfield Approving a Management Agreement with Touchstone Golf, LLC for Operation and Maintenance of the Rancho Solano and Paradise Valley Golf Courses
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approve management contract agreement with Touchstone Golf, LLC, (Touchstone) to provide comprehensive oversight and management of the City’s golf courses, Paradise Valley and Rancho Solano, effective January 1, 2024.

DISCUSSION
Since 2003 and through a series of contract extension renewals, KemperSports, Inc. (Kemper) has been the City’s contract service provider for overall management, operations, and maintenance of the Cityowned golf courses.

Through a lease agreement, Sports Restaurants Inc. (SRI), formerly known as Sports Restaurant of Fairfield (SRF) and Sports Restaurant of Rancho Solano (SRR) concurrently, has operated the restaurants, bars, and banquet facilities of the City golf courses. They have been the exclusive food, beverage, and banquet facilities operators of Paradise Valley since 1993 and Rancho Solano since 1998, under their proprietary business name “Legends and Heroes Sports Bar and Grill.” On June 21, 2022, City Council provided direction to staff to solicit a Request for Qualifications (RFQ)/Request for Proposals (RFP) with preference for a single operator to manage all operational aspects of the City’s golf courses (golf, food/beverage, banquet) and allow for submittal for golf management only and restaurant/banquet management only. Council also directed staff to proceed with extending the current contracts for an additional oneyear term.

On December 6, 2022, and through Resolutions 2022330 and 2022331, the council formally approved oneyear contract extensions for Kemper and SRI through December 31, 2023.

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Agenda Item No: 7.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023257 of the City Council of the City of Fairfield Approving aManagement Agreement with Touchstone Golf, LLC for Operation and Maintenance ofthe Rancho Solano and Paradise Valley Golf CoursesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApprove management contract agreement with Touchstone Golf, LLC, (Touchstone) to providecomprehensive oversight and management of the City’s golf courses, Paradise Valley and RanchoSolano, effective January 1, 2024.DISCUSSIONSince 2003 and through a series of contract extension renewals, KemperSports, Inc. (Kemper) hasbeen the City’s contract service provider for overall management, operations, and maintenance of theCityowned golf courses. Through a lease agreement, Sports Restaurants Inc. (SRI), formerly known as Sports Restaurant ofFairfield (SRF) and Sports Restaurant of Rancho Solano (SRR) concurrently, has operated therestaurants, bars, and banquet facilities of the City golf courses. They have been the exclusive food,beverage, and banquet facilities operators of Paradise Valley since 1993 and Rancho Solano since1998, under their proprietary business name “Legends and Heroes Sports Bar and Grill.” On June 21, 2022, City Council provided direction to staff to solicit a Request for Qualifications(RFQ)/Request for Proposals (RFP) with preference for a single operator to manage all operationalaspects of the City’s golf courses (golf, food/beverage, banquet) and allow for submittal for golfmanagement only and restaurant/banquet management only. Council also directed staff to proceed withextending the current contracts for an additional oneyear term.

On December 6, 2022, and through Resolutions 2022330 and 2022331, the council formally approved oneyear contract extensions for Kemper and SRI through December 31, 2023.

An RFQ/RFP was released on March 8, 2023, and the City received four responses – CourseCo, Kemper, Touchstone, and Troon. All four companies responded as single operators to manage all aspects of the golf courses. All four companies were deemed qualified and invited to a first round of review and interviews.

On August 15, 2023, staff presented a review of the results of the comprehensive evaluation process and the recommendation of the selection committee to authorize the city manager to begin negotiations with Touchstone.

Staff is seeking adoption of this resolution approving the Management Agreement for Operation and Maintenance of Golf Courses and Facilities with Touchstone (Agreement) to provide management services for Rancho Solano and Paradise Valley for golf, food/beverage, and banquet operations. The Agreement will have an initial term of seven years, taking effect on January 1, 2024, and terminating on December 31, 2030. Upon council approval, the City may negotiate an additional fiveyear term.

FINANCIAL IMPACT
The Agreement provides for a base annual management fee of $185,000 with an annual Consumer Price Index (CPI) adjustment annually on July 1 starting July 1, 2025, with an incentive fee not to exceed 25% of the management fee.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
At the July 17, 2023, Golf Advisory Board (GAB) meeting, the board unanimously affirmed staff’s recommendation to seek council authorization for the city manager to negotiate a management agreement with Touchstone.

ALTERNATIVE ACTION
Staff will proceed with any alternative action as directed by council.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Agreement
Attachment 3: Proposed Non Disclosure
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/2/2023 4:31 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-257

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A MANAGEMENT

AGREEMENT WITH TOUCHSTONE GOLF, LLC FOR OPERATION AND MAINTENANCE OF THE

RANCHO SOLANO AND PARADISE VALLEY GOLF COURSES

WHEREAS, on June 21, 2022, the City Council provided direction to staff to solicit a Request for Qualifications (RFQ)/Request for Proposals (RFP) with a preference for a single operator to manage all operational aspects of the City’s golf courses (golf, food/beverage, banquet) and allow for submittal for golf management only and restaurant/banquet management only; and

WHEREAS, an RFQ/RFP was released on March 8, 2023, with responses from four companies (CourseCo., KemperSports, Touchstone Golf, and Troon) to serve as the single operator to manage the City’s two golf courses; and

WHEREAS, Touchstone Golf ranked highest throughout a comprehensive evaluation process by a formal selection committee; and

WHEREAS, on August 15, 2023, the City Council authorized the City Manager or designee to negotiate an agreement with Touchstone Golf to manage the City’s golf courses.

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

Section 1. The City Council hereby approves the Management Agreement for Operation and Maintenance of Golf Courses and Facilities between the City of Fairfield and Touchstone Golf, LLC (Agreement), in substantially the form attached hereto as Exhibit A, with such changes as deemed necessary by the city manager.

Section 2. The city manager is hereby authorized and directed to execute the Agreement on behalf of the City of Fairfield.

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RES. NO. 2023-257

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PASSED AND ADOPTED this 17th 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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Mark Luthman
President
10/11/2023
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Agenda Item No: 8.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023258 of the City Council of the City of Fairfield Declaring the Results of a Special Election for the City of Fairfield Community Facilities District No. 20232 (Train Station Specific Plan II) and Directing the Recording of a Notice of Special Tax Lien; and
First Reading and Introduction of Ordinance 202312 of the City Council of the City of Fairfield Authorizing the Levy of a Special Tax Within the City of Fairfield Community Facilities District No. 20232 (Train Station Specific Plan II) RECOMMENDED ACTION
Adopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.

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

On July 18, 2023, the council adopted Resolution No. 2023204 establishing CFD No. 20232 (Train Station Specific Plan II) and Resolution No. 2023205 calling for a special election to be held on October 17, 2023, and submitting to the qualified electors of the proposed CFD a proposition (Ballot Measure) regarding the annual levy of special taxes within the CFD.

The next step in the CFD formation process is to hold a special election, direct the recording of a notice of special tax, and introduce an ordinance ordering the levy of special taxes within CFD No. 20232 (Train Station Specific Plan II).

DISCUSSION
The TSSP is a development plan and design for a new community environment in the northeast portion Packet Page 82 of 284

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

To minimize the financial impact to the City, all new development in the TSSP is required to be a part of a CFD to fund the cost of public safety services, the operation and maintenance of public parks, public open space, public cemeteries, and public landscaping, and all associated administrative support in the TSSP (Services). CFD 20181 was established in 2018 to fund the Services through the annual collection of special taxes levied on properties in the district. The existing CFD 20181 boundary is located north of Vanden Road and the public lake and includes the majority of Planning Area 4 (colloquially known as Canon Station or One Lake), as shown in Attachment 1.

Since the formation of CFD 20181, several new developments in Planning Area 4 south and southwest of the lake have been approved for construction, including the One Lake Family Apartments, a 190unit affordable housing project, the One56 singlefamily residences known as Neighborhood 8, future singlefamily residences known as Neighborhood 9, and commercial retail spaces (Remaining Planning Area 4 Development). Due to an administrative oversight, these developments were not annexed to CFD 20181 at the time they were approved for construction. The City desires to provide an exemption for affordable housing units, however, the MelloRoos Community Facilities Act of 1982 (Act) does not authorize such modifications to the Rate and Method of Apportionment (RMA) without approval by twothirds of all registered voters in the existing district, which is unlikely to be approved at this time.

In lieu of annexing these developments to CFD 20181, the City formed CFD 20232 on July 18, 2023, with the adoption of Resolution No. 2023204. This district includes all existing and future developments in the TSSP that are not already within the CFD 20181 boundary, except for the One Lake Family Apartments, and the currently undeveloped Planning Area 5. The new district will provide all Services currently being provided in CFD 20181. The CFD 20232 RMA is substantially similar to the CFD 20181 RMA, except that the CFD 20232 RMA provides special tax exemptions for affordable housing units and welfare exemption property, or property that is (1) used exclusively for charitable, hospital, or religious purposes, and (2) owned or held in trust by nonprofit organizations operating for those purposes. The district was formed in consideration of (a) the requirement for all development in the TSSP to be a part of a CFD, (b) the City’s desire to provide a special tax exemption for the One Lake Family Apartments based on its affordable housing status, (c) the absence of a special tax exemption for affordable housing units in the CFD 20181 RMA, and (d) the inability to amend the CFD 20181 RMA without approval by twothirds of all registered voters in the existing district.

The initial CFD 20232 boundary area will include all existing and future development in Planning Area 4 south and southwest of the public lake, excluding the One Lake Family Apartments, and the entire Planning Area 5 within assessor’s parcel numbers 0166020280, 0166020290, 0166420010, 0166420020, 0166420030, 0166420180, 0166420360, 0166420390, 0166480010, 0166 480020, 0166480030, 0166480040, 0166480050, 0166480060, 0166480070, 0166480 080, 0166480090, 0166480100, 0166480110, 0166480120, 0166480130, 0166480140, 0166480150, 0166480160, 0166480170, 0166480180, 0166480190, 0166480200, 0166 480210, 0166480220, 0166480230, 0166480240, 0166480250, 0166480260, 0166480 270, 0166480280, 0166480290, 0166480300, 0166480310, 0166480320, 0166480330, 0166480340, 0166480350, 0166480360, 0166480370, 0166480380, 0166480390, 0166 480400, 0166480410, 0166480420, 0166480430, 0166480440, 0166480450, 0166480 460, 0166480470, 0166490010, 0166490020, 0166490030, 0166490040, 0166490050, 0166490060, 0166490070, 0166490080, 0166490090, 0166490100, 0166490110, 0166 490120, 0166490130, 0166490140, 0166490150, 0166490160, 0166490170, 0166490 180, 0166490190, 0166490200, 0166490210, 0166490220, 0166490230 as depicted on Packet Page 83 of 284

Agenda Item No: 8.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023258 of the City Council of the City of Fairfield Declaring the Results ofa Special Election for the City of Fairfield Community Facilities District No. 20232(Train Station Specific Plan II) and Directing the Recording of a Notice of Special TaxLien; and First Reading and Introduction of Ordinance 202312 of the City Council of the City ofFairfield Authorizing the Levy of a Special Tax Within the City of Fairfield CommunityFacilities District No. 20232 (Train Station Specific Plan II)RECOMMENDED ACTIONAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUEThe conditions of development for parcels in the northeast portion of the city, known as the Train StationSpecific Plan (TSSP), require them to be part of a Community Facilities District (CFD) to offset theincreased costs associated with the new development for public safety services, maintenance andoperation of public parks and public open space, operation and maintenance of public cemeteries,maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights pumpstations, and/or the public lake.On July 18, 2023, the council adopted Resolution No. 2023204 establishing CFD No. 20232 (TrainStation Specific Plan II) and Resolution No. 2023205 calling for a special election to be held onOctober 17, 2023, and submitting to the qualified electors of the proposed CFD a proposition (BallotMeasure) regarding the annual levy of special taxes within the CFD.The next step in the CFD formation process is to hold a special election, direct the recording of a noticeof special tax, and introduce an ordinance ordering the levy of special taxes within CFD No. 20232(Train Station Specific Plan II).DISCUSSIONThe TSSP is a development plan and design for a new community environment in the northeast portionof the city that was approved by the council in 2011. The TSSP is divided into nine distinct planningareas (Planning Areas) and incorporates a variety of land uses, including residential, commercial,industrial, open space, and recreation zones. To minimize the financial impact to the City, all new development in the TSSP is required to be a part ofa CFD to fund the cost of public safety services, the operation and maintenance of public parks, publicopen space, public cemeteries, and public landscaping, and all associated administrative support inthe TSSP (Services). CFD 20181 was established in 2018 to fund the Services through the annualcollection of special taxes levied on properties in the district. The existing CFD 20181 boundary islocated north of Vanden Road and the public lake and includes the majority of Planning Area 4(colloquially known as Canon Station or One Lake), as shown in Attachment 1.Since the formation of CFD 20181, several new developments in Planning Area 4 south and southwestof the lake have been approved for construction, including the One Lake Family Apartments, a 190unitaffordable housing project, the One56 singlefamily residences known as Neighborhood 8, futuresinglefamily residences known as Neighborhood 9, and commercial retail spaces (RemainingPlanning Area 4 Development). Due to an administrative oversight, these developments were notannexed to CFD 20181 at the time they were approved for construction. The City desires to provide anexemption for affordable housing units, however, the MelloRoos Community Facilities Act of 1982 (Act)does not authorize such modifications to the Rate and Method of Apportionment (RMA) withoutapproval by twothirds of all registered voters in the existing district, which is unlikely to be approved atthis time.In lieu of annexing these developments to CFD 20181, the City formed CFD 20232 on July 18, 2023,with the adoption of Resolution No. 2023204. This district includes all existing and future developmentsin the TSSP that are not already within the CFD 20181 boundary, except for the One Lake FamilyApartments, and the currently undeveloped Planning Area 5. The new district will provide all Servicescurrently being provided in CFD 20181. The CFD 20232 RMA is substantially similar to the CFD20181 RMA, except that the CFD 20232 RMA provides special tax exemptions for affordable housingunits and welfare exemption property, or property that is (1) used exclusively for charitable, hospital, orreligious purposes, and (2) owned or held in trust by nonprofit organizations operating for thosepurposes. The district was formed in consideration of (a) the requirement for all development in theTSSP to be a part of a CFD, (b) the City’s desire to provide a special tax exemption for the One LakeFamily Apartments based on its affordable housing status, (c) the absence of a special tax exemptionfor affordable housing units in the CFD 20181 RMA, and (d) the inability to amend the CFD 20181RMA without approval by twothirds of all registered voters in the existing district.The initial CFD 20232 boundary area will include all existing and future development in Planning Area4 south and southwest of the public lake, excluding the One Lake Family Apartments, and the entirePlanning Area 5 within assessor’s parcel numbers 0166020280, 0166020290, 0166420010,0166420020, 0166420030, 0166420180, 0166420360, 0166420390, 0166480010, 0166480020, 0166480030, 0166480040, 0166480050, 0166480060, 0166480070, 0166480080, 0166480090, 0166480100, 0166480110, 0166480120, 0166480130, 0166480140,0166480150, 0166480160, 0166480170, 0166480180, 0166480190, 0166480200, 0166480210, 0166480220, 0166480230, 0166480240, 0166480250, 0166480260, 0166480270, 0166480280, 0166480290, 0166480300, 0166480310, 0166480320, 0166480330,0166480340, 0166480350, 0166480360, 0166480370, 0166480380, 0166480390, 0166480400, 0166480410, 0166480420, 0166480430, 0166480440, 0166480450, 0166480460, 0166480470, 0166490010, 0166490020, 0166490030, 0166490040, 0166490050,0166490060, 0166490070, 0166490080, 0166490090, 0166490100, 0166490110, 0166 490120, 0166490130, 0166490140, 0166490150, 0166490160, 0166490170, 0166490 180, 0166490190, 0166490200, 0166490210, 0166490220, 0166490230 as depicted on Attachment 1.

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

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

On July 18, 2023, the council adopted Resolution No. 2023205 calling for a special election to be held on October 17, 2023, and submitting to the qualified electors of the proposed CFD a Ballot Measure.

If the election results in at least twothirds of all votes submitted in favor of the Ballot Measure, the property owners within the district will be required to pay annual special taxes for CFD 20232, beginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20232 Rate and Method of Apportionment of Special Tax.

FINANCIAL IMPACT
The estimated annual revenue received by the City for CFD 20232 will be $117,796, which is based on the maximum special tax rates for FY 20232024 for an estimated 56 singlefamily residential parcels.

This amount is expected to increase as development of additional property occurs within CFD 20232.

The special tax rate for CFD 20232 includes an annual Consumers Price Index (CPI) adjustment. The process for the formation is funded by the developer and no General Fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions concerning the formation of CFD 20232, this item may be rescheduled until the next council meeting to allow staff time to provide the necessary supporting documentation.

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

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

Description
Attachment 1: Boundary Map
Packet Page 84 of 284

Agenda Item No: 8.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023258 of the City Council of the City of Fairfield Declaring the Results ofa Special Election for the City of Fairfield Community Facilities District No. 20232(Train Station Specific Plan II) and Directing the Recording of a Notice of Special TaxLien; and First Reading and Introduction of Ordinance 202312 of the City Council of the City ofFairfield Authorizing the Levy of a Special Tax Within the City of Fairfield CommunityFacilities District No. 20232 (Train Station Specific Plan II)RECOMMENDED ACTIONAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUEThe conditions of development for parcels in the northeast portion of the city, known as the Train StationSpecific Plan (TSSP), require them to be part of a Community Facilities District (CFD) to offset theincreased costs associated with the new development for public safety services, maintenance andoperation of public parks and public open space, operation and maintenance of public cemeteries,maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights pumpstations, and/or the public lake.On July 18, 2023, the council adopted Resolution No. 2023204 establishing CFD No. 20232 (TrainStation Specific Plan II) and Resolution No. 2023205 calling for a special election to be held onOctober 17, 2023, and submitting to the qualified electors of the proposed CFD a proposition (BallotMeasure) regarding the annual levy of special taxes within the CFD.The next step in the CFD formation process is to hold a special election, direct the recording of a noticeof special tax, and introduce an ordinance ordering the levy of special taxes within CFD No. 20232(Train Station Specific Plan II).DISCUSSIONThe TSSP is a development plan and design for a new community environment in the northeast portionof the city that was approved by the council in 2011. The TSSP is divided into nine distinct planningareas (Planning Areas) and incorporates a variety of land uses, including residential, commercial,industrial, open space, and recreation zones. To minimize the financial impact to the City, all new development in the TSSP is required to be a part ofa CFD to fund the cost of public safety services, the operation and maintenance of public parks, publicopen space, public cemeteries, and public landscaping, and all associated administrative support inthe TSSP (Services). CFD 20181 was established in 2018 to fund the Services through the annualcollection of special taxes levied on properties in the district. The existing CFD 20181 boundary islocated north of Vanden Road and the public lake and includes the majority of Planning Area 4(colloquially known as Canon Station or One Lake), as shown in Attachment 1.Since the formation of CFD 20181, several new developments in Planning Area 4 south and southwestof the lake have been approved for construction, including the One Lake Family Apartments, a 190unitaffordable housing project, the One56 singlefamily residences known as Neighborhood 8, futuresinglefamily residences known as Neighborhood 9, and commercial retail spaces (RemainingPlanning Area 4 Development). Due to an administrative oversight, these developments were notannexed to CFD 20181 at the time they were approved for construction. The City desires to provide anexemption for affordable housing units, however, the MelloRoos Community Facilities Act of 1982 (Act)does not authorize such modifications to the Rate and Method of Apportionment (RMA) withoutapproval by twothirds of all registered voters in the existing district, which is unlikely to be approved atthis time.In lieu of annexing these developments to CFD 20181, the City formed CFD 20232 on July 18, 2023,with the adoption of Resolution No. 2023204. This district includes all existing and future developmentsin the TSSP that are not already within the CFD 20181 boundary, except for the One Lake FamilyApartments, and the currently undeveloped Planning Area 5. The new district will provide all Servicescurrently being provided in CFD 20181. The CFD 20232 RMA is substantially similar to the CFD20181 RMA, except that the CFD 20232 RMA provides special tax exemptions for affordable housingunits and welfare exemption property, or property that is (1) used exclusively for charitable, hospital, orreligious purposes, and (2) owned or held in trust by nonprofit organizations operating for thosepurposes. The district was formed in consideration of (a) the requirement for all development in theTSSP to be a part of a CFD, (b) the City’s desire to provide a special tax exemption for the One LakeFamily Apartments based on its affordable housing status, (c) the absence of a special tax exemptionfor affordable housing units in the CFD 20181 RMA, and (d) the inability to amend the CFD 20181RMA without approval by twothirds of all registered voters in the existing district.The initial CFD 20232 boundary area will include all existing and future development in Planning Area4 south and southwest of the public lake, excluding the One Lake Family Apartments, and the entirePlanning Area 5 within assessor’s parcel numbers 0166020280, 0166020290, 0166420010,0166420020, 0166420030, 0166420180, 0166420360, 0166420390, 0166480010, 0166480020, 0166480030, 0166480040, 0166480050, 0166480060, 0166480070, 0166480080, 0166480090, 0166480100, 0166480110, 0166480120, 0166480130, 0166480140,0166480150, 0166480160, 0166480170, 0166480180, 0166480190, 0166480200, 0166480210, 0166480220, 0166480230, 0166480240, 0166480250, 0166480260, 0166480270, 0166480280, 0166480290, 0166480300, 0166480310, 0166480320, 0166480330,0166480340, 0166480350, 0166480360, 0166480370, 0166480380, 0166480390, 0166480400, 0166480410, 0166480420, 0166480430, 0166480440, 0166480450, 0166480460, 0166480470, 0166490010, 0166490020, 0166490030, 0166490040, 0166490050,0166490060, 0166490070, 0166490080, 0166490090, 0166490100, 0166490110, 0166490120, 0166490130, 0166490140, 0166490150, 0166490160, 0166490170, 0166490180, 0166490190, 0166490200, 0166490210, 0166490220, 0166490230 as depicted onAttachment 1. Due to the current number of registered voters in the One Lake Family Apartments, the Act mandatesthat registered voters are required to approve the inclusion of the parcel in the district. Therefore, thisdevelopment is being excluded from the initial boundary area to allow staff time to formulate andexecute a community engagement plan before initiating proceedings to include the parcel in the district.The plan will describe the 2018 administrative error, the special tax exemption for both the One LakeFamily Apartments property owners and residents, and the importance of including the parcel in thedistrict to allow the City to levy special taxes in the future if the development is converted to marketratehousing.On July 18, 2023, the council adopted Resolution No. 2023205 calling for a special election to be heldon October 17, 2023, and submitting to the qualified electors of the proposed CFD a Ballot Measure.The next step in the CFD formation process is to hold a special election, direct the recording of a noticeof special tax, and introduce an ordinance ordering the levy of special taxes within CFD No. 20232.If the election results in at least twothirds of all votes submitted in favor of the Ballot Measure, theproperty owners within the district will be required to pay annual special taxes for CFD 20232,beginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with therate set forth in the CFD 20232 Rate and Method of Apportionment of Special Tax.FINANCIAL IMPACTThe estimated annual revenue received by the City for CFD 20232 will be $117,796, which is based onthe maximum special tax rates for FY 20232024 for an estimated 56 singlefamily residential parcels.This amount is expected to increase as development of additional property occurs within CFD 20232.The special tax rate for CFD 20232 includes an annual Consumers Price Index (CPI) adjustment. Theprocess for the formation is funded by the developer and no General Fund monies are used for thiseffort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions concerning the formation of CFD 20232, this item may be rescheduleduntil the next council meeting to allow staff time to provide the necessary supporting documentation.However, if the formation is not approved, the City will not be able to collect special taxes to fund theServices.STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:

Description
Attachment 1: Boundary Map
Attachment 2: Proposed Resolution
Attachment 3: Exhibit A Election Results
Attachment 4: Exhibit B Ballot Measure
Attachment 5: Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 10/2/2023 6:49 PM
Kaushal, Paul Approved 10/2/2023 11:26 PM
Beavers, Esther Approved 10/3/2023 11:10 AM
Beavers, Esther Approved 10/3/2023 11:10 AM
Packet Page 85 of 284

Packet Page 86 of 284Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2023-258

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF A SPECIAL ELECTION FOR THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023 -2 (TRAIN STATION SPECIFIC PLAN II) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL

TAX LIEN

WHEREAS, in proceedings heretofore conducted by the City Council of the City of Fairfield pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (Act), the council adopted Resolution No. 2023- 205, on July 18, 2023, entitled “Resolution of the City Council of the City of Fairfield Calling a Special Election and Submitting to the Qualified Electors of City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax” (Resolution Calling Election), calling for a special election (Special Election) of the qualified electors within Community Facilities District No. 2023-2 (Train Station Specific Plan II) (CFD No. 2023-2); and

WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on October 17, 2023, and the city clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (Certificate), which is attached hereto as Exhibit A and by this reference incorporated herein ; and

WHEREAS, this council has reviewed and hereby approves the Certificate.

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

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

Section 2. The ballot measure (Ballot Measure) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.

Section 3. The results of the Special Election are as set forth in the Certificate on file with the city clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the CFD.

Section 4. This council, acting in its capacity as the legislative body of the CFD, is hereby authorized to levy on the land within the CFD the special tax described in th e Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.

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RES. NO. 2023-258

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Section 5. It is hereby found that all prior proceedings and actions taken by this council with respect to the CFD were valid and in conformity with the Act.

Section 6. The city clerk is hereby directed to record in the office of the County Recorder of the County of Solano within fifteen days of the date hereof a notice of special tax lien with respect to the CFD in substantially the form required by California Streets and Highways Code Section 3114.5.

PASSED AND ADOPTED this 17th 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 88 of 284Attachment 2 Page 2 of 2

EXHIBIT A

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

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVASS OF THE ELECTION RETURNS

I, ___________________, City Clerk of the City of Fairfield, hereby certify that I canvassed the returns of the Special Election in the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) (the “CFD”), that the election was held in the Chambers of the City Council at 1000 Webster Street, Fairfield, California 94533 on October 17, 2023.

I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. 2023-2
(Train Station Specific Plan II) Special Tax
Election
Qualified
Eligible
Votes
Votes
Cast Yes No
Ballot Measure 234

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 17th DAY OF OCTOBER, 2023.

By: __________________________
Karen Rees, City Clerk
City of Fairfield

Packet Page 89 of 284Attachment 3 Page 1 of 1

EXHIBIT B

Ballot Measure:

Shall special taxes with a rate and method of apportionment as set forth in Exhibit B of the resolution entitled “Resolution of the City Council of the City of Fairfield Establishing the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) and an Appropriations Limit Therefor, Authorizing the Levy of a Special Tax Therein, and Submitting the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (Resolution of Formation), be levied annually on taxable property within the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II), to pay for public safety services and operation and maintenance of public open space, parks, cemeteries, lighting and landscape, CFD administration, and incidental expenses thereof, and shall the appropriates limit be established, all as set forth in the Resolution of Formation?

Packet Page 90 of 284Attachment 4 Page 1 of 1

CITY OF FAIRFIELD

ORDINANCE NO. 2023-12

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023 -2 (TRAIN STATION SPECIFIC PLAN II)

On June 6, 2023, the City Council adopted a resolution entitled “Resolution of the City Council of Fairfield Declaring Its Intention to Establish City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) to Authorize the Levy of Special Tax Therein, and to Set a Date for the Public Hearing” (Resolution of Intention), stating its intention to form Community Facilities District No. 2023-2 (Train Station Specific Plan II) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 5331 1, of the California Government Code commonly known as the “Mello-Roos Community Facilities Act of 1982” (Act) to finance certain services to serve the CFD (Services); and

In the Resolution of Intention set July 18, 2023, or as soon thereafter as practica l, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (Rate and Method); and

A notice of public hearing was published in accordance with the Act; and

At said public hearing, evidence was presented to the council on such matters before it, including a special report (Report) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and

At the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard, and a full and fair hearing was held; and

Subsequent to the public hearing, the council adopted a resolution entitled “Resolution of the City Council of the City of Fairfield Establishing the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) and an Appropriations Limit therefor, Authorizing the Levy of a Special Tax therein, and Submitting the Establishment of an Appropriation s Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (Resolution of Formation) which established the CFD and authorized the levy of a special tax within the CFD; and

Subsequent to the public hearing, the council also adopted a resolution entitled “Resolution of the City Council of the City of Fairfield Calling a Special Election and Submitting to the Qualified Electors of City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Packet Page 91 of 284Attachment 5 Page 1 of 13

ORD. NO. 2023-12

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Special Tax” (Resolution Calling Election) which called a special election of the qualified electors within the CFD; and

Pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (Special Tax) within the CFD; and

On October 17, 2023, the council adopted a resolution entitled “Resolution of the City Council of the City of Fairfield Declaring the Results of a Special Election in the City of Fairfield Community Facilities District No. 2023-2 (Train Station Specific Plan II) and Directing the Recording of a Notice of Special Tax Lien” (Resolution Declaring Results of Election) which certified the results of the election conducted by the city clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the pro position to establish an appropriations limit for the CFD.

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

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

SECTION 2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in Exhibit A.

SECTION 3. Annual Rate Determination. The city manager, or his/her designee, is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor -Controller of the County of Solano, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

SECTION 4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

SECTION 5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.

SECTION 6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien Packet Page 92 of 284Attachment 5 Page 2 of 13

ORD. NO. 2023-12

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in any case of delinquency as applicable for ad valorem property taxes; provided, however , that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.

SECTION 7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

SECTION 8. Severability. If for any reason any portion of the Ordinance is found to be invalid, of if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

SECTION 9. Certification. The city clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of October, 2023, and

PASSED AND ADOPTED this ___ day of _________________, 2023, by the following vote:

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:

_________________________

CITY CLERK

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ORD. NO. 2023-12

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Exhibit A

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

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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

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

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

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

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

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to administration of the CFD: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof, or both); the costs of collecting Special Taxes; the costs to the City, CFD, or any designee thereof of complying with City, CFD, or obligated persons disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Tax; the City's annual administration fees and third party expenses; and any other incidental costs authorized by the Act. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD, including attorney's fees and costs associated with annexations to the CFD. In addition, all services and administration shall be provided by the City of Fairfield (City), with its own forces or by contract with third Packet Page 94 of 284Attachment 5 Page 4 of 13

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

“Administrator" means an official of the City, or any designee thereof, responsible for providing for the levy and collection of the Special Tax.

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

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

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

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

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

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

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

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

"City" means the City of Fairfield.

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

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

"County" means the County of Solano.

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

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

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

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

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

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

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

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

Packet Page 96 of 284Attachment 5 Page 6 of 13

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

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

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

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

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

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

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

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

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

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

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

"Mixed-Use Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued for construction of a structure that includes a combination of residential and non-residential land uses."Multi-Family Residential Property" means, in any Fiscal Year, all Parcels of Developed Property, which are not Affordable Housing, for which a Building Packet Page 97 of 284Attachment 5 Page 7 of 13

ORD. NO. 2023-12

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Permit was issued for construction of a residential structure consisting of two or more Residential Units that share common walls, have separate Assessor's Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor's Parcel with another duplex unit), and are offered as for-sale Residential Units (which shall still be the case even if the Residential Units are purchased and subsequently offered for rent by the owner of such Residential Unit(s)), including residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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B. DATA FOR ANNUAL TAX LEVY

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

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

C. MAXIMUM SPECIAL TAX

1. Developed Property

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

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

Special Tax
Category
Maximum CFD
Administration
Component
(in Fiscal Year
2023-24)*
Maximum DA
Services
Component
(In Fiscal Year 2023-
24)*
Maximum Lighting
and Landscape
Maintenance
Component
(in Fiscal Year 2023-
24)*
Single Family
Detached Property
$134.39 per
Residential Unit
$1,088.82 per
Residential Unit
$880.29 per
Residential Unit
Multi-Family
Residential Property
$92.08 per
Residential Unit
$746.11 per
Residential Unit
$603.22 per
Residential Unit
High Density
Residential
Property
$89.73 per
Residential Unit
$727.04 per
Residential Unit
$587.81 per
Residential Unit
Commercial Property $0.036 per
Square Foot
$0.300 per
Square Foot
$0.240 per
Square Foot
Industrial Property $0.006 per
Square Foot
$0.024 per
Square Foot
$0.024 per
Square Foot
Office Property $0.012 per
Square Foot
$0.096 per
Square Foot
$0.084 per
Square Foot
Mixed-Use Property
For a Parcel of Mixed-Use Property, the Maximum Special Tax shall be the sum of the amounts calculated for each Maximum Tax Component by applying that Maximum Tax Component to the individual land uses on the Parcel.
* On July 1, 2024 and each July thereafter, all dollar amounts shown in Table 1 above shall be increased by the Escalation Factor.

2. Undeveloped Property and Taxable City Property

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

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

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

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

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES

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

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

Step 2: If additional revenue is needed after Step 1 to pay Administrati ve Expenses, the CFD Administration Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum CFD Administration Component for each Parcel for Packet Page 102 of 284Attachment 5 Page 12 of 13

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

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

E. EXEMPTIONS

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

F. INTERPRETATION OF SPECIAL TAX FORMULA

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

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Agenda Item No: 9.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Discussion and Direction Regarding the Failed June 2023 Proposition 218 Vote for Seven Landscaping and Lighting Maintenance Districts
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
The City initiated the formation of nine new landscaping and lighting maintenance districts (LLMDs) with increased assessment rates (Proposed Districts) and conducted a balloting Proposition 218 procedure in June 2023. A majority protest was filed by property owners in seven of the nine districts resulting in reduced services for those seven districts in fiscal year (FY) 20232024. Staff is requesting direction from City Council regarding a second Proposition 218 balloting procedure to form new LLMDs with increased rates.

DISCUSSION
Background
During FY 20212022, staff determined LLMDs No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 11 – Paradise Valley North, No. 12 – Downtown Business District, and No. 13 – North Cordelia were projected to have a fund balance and budget deficit in the next onetothree fiscal years if services were provided at the same levels as previous fiscal years. Due to the existing maximum assessment rates in each district, the total assessments generated in each district were insufficient to support services at the existing levels.

During FY 20212022 and FY 20222023, staff conducted a community engagement process and in FY 20222023, the City conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218, to propose to property owners the formation of new maintenance districts with higher assessments that would adequately fund services and replace existing LLMDs.

On April 18, 2023, the council initiated formation proceedings, preliminarily approved the engineer’s reports, and appointed the date for the public hearing for the Proposed Districts. On June 6, 2023, the council held a public hearing. Ballots were tabulated on June 7, 2023, and the council reconvened to consider the results. Based upon the tabulation of the assessment ballots, the council determined that a majority protest, as defined in Section 53753 of the Government Code, was not filed by the property owners in two of the Proposed Districts: LLMD Nos. 20231 (Gateway) and 202311 (Paradise Valley) and the new districts were formed. However, the ballot tabulation revealed a majority protest was filed by property owners in the remaining seven districts. In accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings for these districts.

As a result of the majority protests and the lack of funding in the existing LLMDs No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 – Downtown Business District, and No. 13 – North Cordelia, services will be reduced in each district.

Resident Group Proposal
At the September 19, 2023, council meeting, Vice Mayor Bertani and a group of residents from various LLMDs proposed that the City conduct a second Proposition 218 balloting procedure. The council directed staff to return with options for the council’s consideration.

Options for Council’s Consideration
After evaluating various factors including potential timelines, legal requirements, availability of resources, and the feedback received from property owners during the 2023 community engagement and balloting process, staff has determined that the council has four options. The council may choose a different option for each of the seven districts.

1. Rehire NBS Government Finance Group (NBS)
The City may conduct a balloting procedure based on the proposed assessment rates, methodology, and other specifications included in the 2023 engineer’s report developed by NBS.

NBS would update the report to reflect current assessment rates (i.e., adjusted per consumer price index), dates, and other applicable details.

2. Hire a New Consultant
The City may hire a new consultant to develop a new engineer’s report with new assessment rates, methodology, and other specifications.

3. Conduct Community Survey
The City may delay hiring a consultant and taking Proposition 218 action and conduct a community survey to determine the primary reasons property owners filed a majority protest in June 2023.

Once the primary reasons are determined, the City could develop a plan to proceed, including hiring a consultant, conducting community engagement, and carrying out a balloting procedure.

4. Take No Action
The City may take no action.

Possible Outcomes
The possible outcomes for each option are as follows:

Option
No.

Modify
Engineer’s
Report
(Methodology,
Boundaries,
Rates, Etc.)
Community Outreach
(City →Resident
Information Sharing
Only)
Community Engagement
(City ↔Resident
Collaboration/Input)
Meet Deadline
to form LLMD
by FY 2425
1 TBD Yes No Yes
2 Yes Yes Yes No
3 Yes Yes Yes No
4 N/A N/A N/A N/A
Packet Page 105 of 284

Agenda Item No: 9.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Discussion and Direction Regarding the Failed June 2023 Proposition 218 Vote forSeven Landscaping and Lighting Maintenance DistrictsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City initiated the formation of nine new landscaping and lighting maintenance districts (LLMDs) withincreased assessment rates (Proposed Districts) and conducted a balloting Proposition 218 procedurein June 2023. A majority protest was filed by property owners in seven of the nine districts resulting inreduced services for those seven districts in fiscal year (FY) 20232024. Staff is requesting directionfrom City Council regarding a second Proposition 218 balloting procedure to form new LLMDs withincreased rates.DISCUSSIONBackgroundDuring FY 20212022, staff determined LLMDs No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 –Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 11 – Paradise ValleyNorth, No. 12 – Downtown Business District, and No. 13 – North Cordelia were projected to have a fundbalance and budget deficit in the next onetothree fiscal years if services were provided at the samelevels as previous fiscal years. Due to the existing maximum assessment rates in each district, the totalassessments generated in each district were insufficient to support services at the existing levels.During FY 20212022 and FY 20222023, staff conducted a community engagement process and in FY20222023, the City conducted a balloting process in accordance with Article XIII D of the CaliforniaConstitution (Article XIII D), also known as Proposition 218, to propose to property owners the formationof new maintenance districts with higher assessments that would adequately fund services and replaceexisting LLMDs. On April 18, 2023, the council initiated formation proceedings, preliminarily approved the engineer’sreports, and appointed the date for the public hearing for the Proposed Districts. On June 6, 2023, thecouncil held a public hearing. Ballots were tabulated on June 7, 2023, and the council reconvened toconsider the results. Based upon the tabulation of the assessment ballots, the council determined that amajority protest, as defined in Section 53753 of the Government Code, was not filed by the propertyowners in two of the Proposed Districts: LLMD Nos. 20231 (Gateway) and 202311 (Paradise Valley)and the new districts were formed. However, the ballot tabulation revealed a majority protest was filed byproperty owners in the remaining seven districts. In accordance with Section 22593 of the Streets andHighways Code, the council abandoned formation proceedings for these districts.As a result of the majority protests and the lack of funding in the existing LLMDs No. 3 – WatermanHighlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12– Downtown Business District, and No. 13 – North Cordelia, services will be reduced in each district. Resident Group ProposalAt the September 19, 2023, council meeting, Vice Mayor Bertani and a group of residents from variousLLMDs proposed that the City conduct a second Proposition 218 balloting procedure. The councildirected staff to return with options for the council’s consideration. Options for Council’s ConsiderationAfter evaluating various factors including potential timelines, legal requirements, availability of resources,and the feedback received from property owners during the 2023 community engagement and ballotingprocess, staff has determined that the council has four options. The council may choose a differentoption for each of the seven districts. 1. Rehire NBS Government Finance Group (NBS)The City may conduct a balloting procedure based on the proposed assessment rates,methodology, and other specifications included in the 2023 engineer’s report developed by NBS.NBS would update the report to reflect current assessment rates (i.e., adjusted per consumer priceindex), dates, and other applicable details. 2. Hire a New Consultant The City may hire a new consultant to develop a new engineer’s report with new assessment rates,methodology, and other specifications.3. Conduct Community SurveyThe City may delay hiring a consultant and taking Proposition 218 action and conduct a communitysurvey to determine the primary reasons property owners filed a majority protest in June 2023.Once the primary reasons are determined, the City could develop a plan to proceed, includinghiring a consultant, conducting community engagement, and carrying out a balloting procedure.4. Take No ActionThe City may take no action. Possible OutcomesThe possible outcomes for each option are as follows:OptionNo.ModifyEngineer’sReport(Methodology,Boundaries,Rates, Etc.)Community Outreach(City →ResidentInformation SharingOnly)Community Engagement(City ↔ResidentCollaboration/Input)Meet Deadlineto form LLMDby FY 24251TBDYesNoYes2YesYesYesNo 3 Yes Yes Yes No
4 N/A N/A N/A N/A
Other Considerations for Options 1, 2, or 3
If the council chooses to proceed with Options 1, 2, or 3, the City must adhere to the administrative and legislative timeline outlined in Attachment 1.

Additionally, the City must identify a funding source to pay for the cost of modifying or developing an engineer’s report, the balloting procedure, and any community outreach or engagement efforts.

Three primary funding source options are:

1. General Fund loan (requires temporary reduction in services during loan repayment period if new district not approved)

2. General Fund contribution (no reduction of services required)

3. District assessment revenue (requires indefinite reduction in services if new district not approved) Council Direction
Staff requests the following direction from council for each of the seven districts:

A. Direct staff to proceed with Option 1, 2, 3, or 4
B. Select a funding source (General Fund loan, contribution, or district assessment revenue) FINANCIAL IMPACT
Pending council direction, staff would return to the council with a new agreement for consulting services.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff met with the adhoc resident group on October 2, 2023, to discuss the various options.

ALTERNATIVE ACTION
Staff is seeking council direction on the described options or other options/scenarios that the council would like staff to explore to bring back for further discussion.

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

Description
Attachment 1
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 10/11/2023 2:49 PM
Hether, Michael Approved 10/11/2023 2:53 PM
Beavers, Esther Approved 10/11/2023 4:22 PM
Beavers, Esther Approved 10/11/2023 4:23 PM
Packet Page 106 of 284

Agenda Item No: 9.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Discussion and Direction Regarding the Failed June 2023 Proposition 218 Vote forSeven Landscaping and Lighting Maintenance DistrictsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City initiated the formation of nine new landscaping and lighting maintenance districts (LLMDs) withincreased assessment rates (Proposed Districts) and conducted a balloting Proposition 218 procedurein June 2023. A majority protest was filed by property owners in seven of the nine districts resulting inreduced services for those seven districts in fiscal year (FY) 20232024. Staff is requesting directionfrom City Council regarding a second Proposition 218 balloting procedure to form new LLMDs withincreased rates.DISCUSSIONBackgroundDuring FY 20212022, staff determined LLMDs No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 –Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 11 – Paradise ValleyNorth, No. 12 – Downtown Business District, and No. 13 – North Cordelia were projected to have a fundbalance and budget deficit in the next onetothree fiscal years if services were provided at the samelevels as previous fiscal years. Due to the existing maximum assessment rates in each district, the totalassessments generated in each district were insufficient to support services at the existing levels.During FY 20212022 and FY 20222023, staff conducted a community engagement process and in FY20222023, the City conducted a balloting process in accordance with Article XIII D of the CaliforniaConstitution (Article XIII D), also known as Proposition 218, to propose to property owners the formationof new maintenance districts with higher assessments that would adequately fund services and replaceexisting LLMDs. On April 18, 2023, the council initiated formation proceedings, preliminarily approved the engineer’sreports, and appointed the date for the public hearing for the Proposed Districts. On June 6, 2023, thecouncil held a public hearing. Ballots were tabulated on June 7, 2023, and the council reconvened toconsider the results. Based upon the tabulation of the assessment ballots, the council determined that amajority protest, as defined in Section 53753 of the Government Code, was not filed by the propertyowners in two of the Proposed Districts: LLMD Nos. 20231 (Gateway) and 202311 (Paradise Valley)and the new districts were formed. However, the ballot tabulation revealed a majority protest was filed byproperty owners in the remaining seven districts. In accordance with Section 22593 of the Streets andHighways Code, the council abandoned formation proceedings for these districts.As a result of the majority protests and the lack of funding in the existing LLMDs No. 3 – WatermanHighlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12– Downtown Business District, and No. 13 – North Cordelia, services will be reduced in each district. Resident Group ProposalAt the September 19, 2023, council meeting, Vice Mayor Bertani and a group of residents from variousLLMDs proposed that the City conduct a second Proposition 218 balloting procedure. The councildirected staff to return with options for the council’s consideration. Options for Council’s ConsiderationAfter evaluating various factors including potential timelines, legal requirements, availability of resources,and the feedback received from property owners during the 2023 community engagement and ballotingprocess, staff has determined that the council has four options. The council may choose a differentoption for each of the seven districts. 1. Rehire NBS Government Finance Group (NBS)The City may conduct a balloting procedure based on the proposed assessment rates,methodology, and other specifications included in the 2023 engineer’s report developed by NBS.NBS would update the report to reflect current assessment rates (i.e., adjusted per consumer priceindex), dates, and other applicable details. 2. Hire a New Consultant The City may hire a new consultant to develop a new engineer’s report with new assessment rates,methodology, and other specifications.3. Conduct Community SurveyThe City may delay hiring a consultant and taking Proposition 218 action and conduct a communitysurvey to determine the primary reasons property owners filed a majority protest in June 2023.Once the primary reasons are determined, the City could develop a plan to proceed, includinghiring a consultant, conducting community engagement, and carrying out a balloting procedure.4. Take No ActionThe City may take no action. Possible OutcomesThe possible outcomes for each option are as follows:OptionNo.ModifyEngineer’sReport(Methodology,Boundaries,Rates, Etc.)Community Outreach(City →ResidentInformation SharingOnly)Community Engagement(City ↔ResidentCollaboration/Input)Meet Deadlineto form LLMDby FY 24251TBDYesNoYes2YesYesYesNo3YesYesYesNo4N/A N/A N/A N/AOther Considerations for Options 1, 2, or 3If the council chooses to proceed with Options 1, 2, or 3, the City must adhere to the administrative andlegislative timeline outlined in Attachment 1.Additionally, the City must identify a funding source to pay for the cost of modifying or developing anengineer’s report, the balloting procedure, and any community outreach or engagement efforts. Three primary funding source options are:1. General Fund loan (requires temporary reduction in services during loan repayment period if newdistrict not approved)2. General Fund contribution (no reduction of services required)3. District assessment revenue (requires indefinite reduction in services if new district not approved)Council DirectionStaff requests the following direction from council for each of the seven districts:A. Direct staff to proceed with Option 1, 2, 3, or 4B. Select a funding source (General Fund loan, contribution, or district assessment revenue)FINANCIAL IMPACTPending council direction, staff would return to the council with a new agreement for consulting services.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONStaff met with the adhoc resident group on October 2, 2023, to discuss the various options.ALTERNATIVE ACTIONStaff is seeking council direction on the described options or other options/scenarios that the councilwould like staff to explore to bring back for further discussion.STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionAttachment 1REVIEWERS:Reviewer Action DatePanganiban, Ryan Approved 10/11/2023 2:49 PMHether, Michael Approved 10/11/2023 2:53 PMBeavers, Esther Approved 10/11/2023 4:22 PM Beavers, Esther Approved 10/11/2023 4:23 PM
Packet Page 107 of 284

THIS PAGE IS

INTENTIONALLY

LEFT BLANK

ATTACHMENT 1

Legislative and Administrative Timeline for Proposition 218 Balloting Procedure

Due Date Action Item
Late January Final engineer's report due to city
Mid-March Prop 218 notice of intent meeting; begin 45-day balloting period Mid-May Prop 218 public hearing; initiate ballot tabulation Early June Announce ballot tabulation results; form districts or abandon proceedings Late June Notice of Intent meeting for failed districts Mid July Public hearing for failed districts
August 10 Tax rolls due to county

Packet Page 108 of 284Attachment 1 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Option 1:

STATEMENT OF ISSUE
City Church has requested a waiver of all Planning Division entitlement application fees related to legally establishing their “City Livin’ Center” program that provides supportive homeless services.

DISCUSSION
Shelter Crisis; Temporary Shelter Program; Emergency Shelter Program:

On September 4, 2018, the City Council adopted Resolution 2018223, finding that the health and safety of homeless individuals in Solano County was threatened by a lack of shelter and declared the existence of a shelter crisis in the City of Fairfield pursuant to Government Code Section 8698.2.

People experiencing homelessness are especially vulnerable to poor health and highly communicable viruses like COVID19 due to limited options for safe and sanitary shelter, an inability to practice social distancing, and a lack of access to health care. In response to the statewide shelter crisis and COVID 19, the City Council adopted Ordinance 202019 amending Chapter 5A of the Fairfield Municipal Code to implement the Temporary Shelter Program. Under the Temporary Shelter Program, religious facilities and other assembly uses within the City can provide temporary shelter to a maximum of nine homeless individuals for a maximum of sixmonth period.

Packet Page 109 of 284

In September 2022, the City Council adopted Ordinance 202211 amending Chapter 5D of the Fairfield Municipal Code to incorporate an Emergency Shelter Program. Similar to the Temporary Shelter Program, the Emergency Shelter Program provides provisions to mitigate threats to the public health, safety, and welfare presented by the lack of available shelter and COVID19. The Emergency Shelter Program differs from the Temporary Shelter Program in that it allows a higher occupancy of persons, permits building expansions and/or additions for shelter facilities, and is valid for a 1year period with eligible annual renewals until the state's shelter crisis declaration is lifted.

City Church Permit and Code Enforcement Proceedings:

In April 2021, the City issued a Temporary Shelter Permit to City Church to provide homeless services in compliance with Chapter 5A of the Municipal Code. In early 2022, City staff informed City Church that their Temporary Shelter Permit had expired in September 2021 and that further permitting or entitlements were necessary for the church to continue offering homeless services. On April 12, 2022, an onsite inspection of the church property was conducted by the Fairfield Building Division, Planning Division, Fire Department, Police Department, and Homeless Services Division staff. Several zoning, building code, fire code, and health code violations were identified.

Staff sent correspondence to City Church from April to September 2022, identifying areas of concern and presenting options to bring the property into compliance with City and County regulations. Options to address land use concerns included permitting City Church’s homeless services programs under either the Temporary Shelter Program or the Emergency Shelter Program regulations. Based on descriptions provided by City Church, City staff concluded that neither program would permit the full extent of City Church’s homeless services, which include drug rehabilitation, general health clinic services, employment navigation, a safe park program, and shelter services for 20+ persons. To meet City Church’s preferred operations, both parties concluded that a General Plan Amendment and Zone Change request is necessary to redesignate the property from residential to commercial, where a “Homeless Shelter” land use can be permitted with a Conditional Use Permit. In compliance with the City’s Zoning Ordinance, a Homeless Shelter can support the variety of operational programs the City Church is proposing. Extensive correspondence between City Church and Fairfield staff continued, but very limited actions were taken on behalf of City Church to remedy the multiple violations identified during the site inspection.

On October 4, 2022, a correction notice from Code Enforcement was provided to City Church with directions to begin corrective actions for the identified violations within 15 days. On October 18, 2022, the City conducted another inspection of the church property where zoning, building code, fire code, and health violations were once again identified. On October 20, 2022, Code Enforcement served the Building Official’s Notice and Order directly to Pastor Scott Mulvey of City Church. On October 24, 2022, a reinspection was conducted by the Building Division, Fire Department, and Code Enforcement staff. Per the findings of the Police Support Manager, the identified violations had not been adequately corrected.

On November 4, 2022, Code Enforcement issued a preliminary notice to abate public nuisance and began issuing citations. From November 2022 to January 2023 staff coordinated with City Church to address the violations identified. On January 26, 2023, Code Enforcement notified City Church that the City was willing to stay all fines until February 2, 2023, when an abatement hearing would take place.

Attachment 3 is the “City Church Abatement Hearing” book that provides a summary of the ongoing coordination between City Staff and City Church, as well as copies of communication, citations, hearing notices, and photographs. The abatement hearing identified five citations under review and two fines in the amounts of $17,930 and $19,470. The property owners and City staff came to an agreement to stay the fines until all the citation matters are successfully resolved. If all the items were adequately addressed within six months of the hearing date, the fines would have been abolished. If the property owners needed more time to address the violations, they had to provide a written extension request to the City no later than five months from the hearing date. Attachment 4 is the “Administrative Hearing Officer” summary letter signed by all participating parties. To date, the citation violations have not been Packet Page 110 of 284

Agenda Item No: 10.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Option 1:Resolution 2023259 of the City Council of the City of Fairfield Authorizing a CommunityDevelopment Department/Public Works Department Application Fee Waiver for CityChurch Entitlements Relating to Homeless Shelter Services at 743 E Tabor AvenueOption 2:Resolution 2023260 of the City Council of the City of Fairfield Denying a CommunityDevelopment Department/Public Works Department Application Fee Waiver Requestfor City Church Entitlements Relating to Homeless Shelter Services at 743 E TaborAvenueRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity Church has requested a waiver of all Planning Division entitlement application fees related tolegally establishing their “City Livin’ Center” program that provides supportive homeless services.DISCUSSIONShelter Crisis; Temporary Shelter Program; Emergency Shelter Program: On September 4, 2018, the City Council adopted Resolution 2018223, finding that the health andsafety of homeless individuals in Solano County was threatened by a lack of shelter and declared theexistence of a shelter crisis in the City of Fairfield pursuant to Government Code Section 8698.2.People experiencing homelessness are especially vulnerable to poor health and highly communicableviruses like COVID19 due to limited options for safe and sanitary shelter, an inability to practice socialdistancing, and a lack of access to health care. In response to the statewide shelter crisis and COVID19, the City Council adopted Ordinance 202019 amending Chapter 5A of the Fairfield Municipal Codeto implement the Temporary Shelter Program. Under the Temporary Shelter Program, religious facilitiesand other assembly uses within the City can provide temporary shelter to a maximum of nine homelessindividuals for a maximum of sixmonth period.In September 2022, the City Council adopted Ordinance 202211 amending Chapter 5D of the FairfieldMunicipal Code to incorporate an Emergency Shelter Program. Similar to the Temporary ShelterProgram, the Emergency Shelter Program provides provisions to mitigate threats to the public health,safety, and welfare presented by the lack of available shelter and COVID19. The Emergency ShelterProgram differs from the Temporary Shelter Program in that it allows a higher occupancy of persons,permits building expansions and/or additions for shelter facilities, and is valid for a 1year period witheligible annual renewals until the state's shelter crisis declaration is lifted.City Church Permit and Code Enforcement Proceedings:In April 2021, the City issued a Temporary Shelter Permit to City Church to provide homeless servicesin compliance with Chapter 5A of the Municipal Code. In early 2022, City staff informed City Church thattheir Temporary Shelter Permit had expired in September 2021 and that further permitting orentitlements were necessary for the church to continue offering homeless services. On April 12, 2022,an onsite inspection of the church property was conducted by the Fairfield Building Division, PlanningDivision, Fire Department, Police Department, and Homeless Services Division staff. Several zoning,building code, fire code, and health code violations were identified. Staff sent correspondence to City Church from April to September 2022, identifying areas of concernand presenting options to bring the property into compliance with City and County regulations. Optionsto address land use concerns included permitting City Church’s homeless services programs undereither the Temporary Shelter Program or the Emergency Shelter Program regulations. Based ondescriptions provided by City Church, City staff concluded that neither program would permit the fullextent of City Church’s homeless services, which include drug rehabilitation, general health clinicservices, employment navigation, a safe park program, and shelter services for 20+ persons. To meetCity Church’s preferred operations, both parties concluded that a General Plan Amendment and ZoneChange request is necessary to redesignate the property from residential to commercial, where a“Homeless Shelter” land use can be permitted with a Conditional Use Permit. In compliance with theCity’s Zoning Ordinance, a Homeless Shelter can support the variety of operational programs the CityChurch is proposing. Extensive correspondence between City Church and Fairfield staff continued, butvery limited actions were taken on behalf of City Church to remedy the multiple violations identifiedduring the site inspection.On October 4, 2022, a correction notice from Code Enforcement was provided to City Church withdirections to begin corrective actions for the identified violations within 15 days. On October 18, 2022,the City conducted another inspection of the church property where zoning, building code, fire code, andhealth violations were once again identified. On October 20, 2022, Code Enforcement served theBuilding Official’s Notice and Order directly to Pastor Scott Mulvey of City Church. On October 24,2022, a reinspection was conducted by the Building Division, Fire Department, and CodeEnforcement staff. Per the findings of the Police Support Manager, the identified violations had notbeen adequately corrected.On November 4, 2022, Code Enforcement issued a preliminary notice to abate public nuisance andbegan issuing citations. From November 2022 to January 2023 staff coordinated with City Church toaddress the violations identified. On January 26, 2023, Code Enforcement notified City Church that theCity was willing to stay all fines until February 2, 2023, when an abatement hearing would take place.Attachment 3 is the “City Church Abatement Hearing” book that provides a summary of the ongoingcoordination between City Staff and City Church, as well as copies of communication, citations, hearingnotices, and photographs. The abatement hearing identified five citations under review and two fines inthe amounts of $17,930 and $19,470. The property owners and City staff came to an agreement to staythe fines until all the citation matters are successfully resolved. If all the items were adequatelyaddressed within six months of the hearing date, the fines would have been abolished. If the property owners needed more time to address the violations, they had to provide a written extension request to the City no later than five months from the hearing date. Attachment 4 is the “Administrative Hearing Officer” summary letter signed by all participating parties. To date, the citation violations have not been resolved. On September 13, 2023, Code Enforcement issued a citation of $77,660 (Attachment 5).

This citation encompasses 72 days of violations from the initial November 2022 correction notice to the February 2023 abatement hearing.

Planning Division Entitlement Applications:

As discussed in the ‘City Church Permit and Code Enforcement Proceedings’ subsection above, a General Plan Amendment and Zone Change application are necessary for City Church to continue its homeless services at the intensity it desires. If approved, a General Plan Amendment and Zone Change would redesignate the property from residential to commercial. Under a commercial land use designation, City Church could apply for a Conditional Use Permit, Development Review, and Environmental Review entitlements to permit their homeless services activities. In total, the entitlement application fees are $29,108. The Community Development Department/Public Works Department Fee Schedule identifies each application fee individually (Attachment 6). These fees are effective until January 1, 2024. On February 1, 2024, the Planning Division application fees will be adjusted based on the average change for the December Consumer Price Index for the San Francisco Bay Area, West Urban, and U.S.

City Church Entitlement Application Waiver Request:

City Church has expressed the total costs to address the various violations of their homeless services operations are too great. The construction and permitting costs related to required building and site improvements combined with citation fines are significant. Therefore, City Church is requesting the City Council consider waiving all Community Development Department/Public Works Department entitlement application fees necessary to establish their homeless services legally.

FINANCIAL IMPACT
Entitlement application fees were established as costrecovery fees for City processing. If the fee waiver is granted, the City will not collect the applicable entitlement application fees at the time of application submittal and therefore absorb the processing expenses.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City staff recommends that the City Council select one of the following options:

Option 1: Approval:Approve the application fee waiver request for City Church entitlements relating to Homeless Shelter services at 743 E Tabor Avenue. A separate building permit and Code Enforcement fees and fines may still be applicable.

Option 2: Denial:Deny the application fee waiver request for City Church entitlements relating to Homeless Shelter services at 743 E Tabor Avenue. All appropriate entitlement application fees shall be collected at the time of submittal. A separate building permit and Code Enforcement fees and fines may still be applicable.

STAFF CONTACT
Meily Sheehan, Interim Planning Manager
(707) 4287474
[email protected]
COORDINATED WITH
Packet Page 111 of 284

Agenda Item No: 10.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Option 1:Resolution 2023259 of the City Council of the City of Fairfield Authorizing a CommunityDevelopment Department/Public Works Department Application Fee Waiver for CityChurch Entitlements Relating to Homeless Shelter Services at 743 E Tabor AvenueOption 2:Resolution 2023260 of the City Council of the City of Fairfield Denying a CommunityDevelopment Department/Public Works Department Application Fee Waiver Requestfor City Church Entitlements Relating to Homeless Shelter Services at 743 E TaborAvenueRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity Church has requested a waiver of all Planning Division entitlement application fees related tolegally establishing their “City Livin’ Center” program that provides supportive homeless services.DISCUSSIONShelter Crisis; Temporary Shelter Program; Emergency Shelter Program: On September 4, 2018, the City Council adopted Resolution 2018223, finding that the health andsafety of homeless individuals in Solano County was threatened by a lack of shelter and declared theexistence of a shelter crisis in the City of Fairfield pursuant to Government Code Section 8698.2.People experiencing homelessness are especially vulnerable to poor health and highly communicableviruses like COVID19 due to limited options for safe and sanitary shelter, an inability to practice socialdistancing, and a lack of access to health care. In response to the statewide shelter crisis and COVID19, the City Council adopted Ordinance 202019 amending Chapter 5A of the Fairfield Municipal Codeto implement the Temporary Shelter Program. Under the Temporary Shelter Program, religious facilitiesand other assembly uses within the City can provide temporary shelter to a maximum of nine homelessindividuals for a maximum of sixmonth period.In September 2022, the City Council adopted Ordinance 202211 amending Chapter 5D of the FairfieldMunicipal Code to incorporate an Emergency Shelter Program. Similar to the Temporary ShelterProgram, the Emergency Shelter Program provides provisions to mitigate threats to the public health,safety, and welfare presented by the lack of available shelter and COVID19. The Emergency ShelterProgram differs from the Temporary Shelter Program in that it allows a higher occupancy of persons,permits building expansions and/or additions for shelter facilities, and is valid for a 1year period witheligible annual renewals until the state's shelter crisis declaration is lifted.City Church Permit and Code Enforcement Proceedings:In April 2021, the City issued a Temporary Shelter Permit to City Church to provide homeless servicesin compliance with Chapter 5A of the Municipal Code. In early 2022, City staff informed City Church thattheir Temporary Shelter Permit had expired in September 2021 and that further permitting orentitlements were necessary for the church to continue offering homeless services. On April 12, 2022,an onsite inspection of the church property was conducted by the Fairfield Building Division, PlanningDivision, Fire Department, Police Department, and Homeless Services Division staff. Several zoning,building code, fire code, and health code violations were identified. Staff sent correspondence to City Church from April to September 2022, identifying areas of concernand presenting options to bring the property into compliance with City and County regulations. Optionsto address land use concerns included permitting City Church’s homeless services programs undereither the Temporary Shelter Program or the Emergency Shelter Program regulations. Based ondescriptions provided by City Church, City staff concluded that neither program would permit the fullextent of City Church’s homeless services, which include drug rehabilitation, general health clinicservices, employment navigation, a safe park program, and shelter services for 20+ persons. To meetCity Church’s preferred operations, both parties concluded that a General Plan Amendment and ZoneChange request is necessary to redesignate the property from residential to commercial, where a“Homeless Shelter” land use can be permitted with a Conditional Use Permit. In compliance with theCity’s Zoning Ordinance, a Homeless Shelter can support the variety of operational programs the CityChurch is proposing. Extensive correspondence between City Church and Fairfield staff continued, butvery limited actions were taken on behalf of City Church to remedy the multiple violations identifiedduring the site inspection.On October 4, 2022, a correction notice from Code Enforcement was provided to City Church withdirections to begin corrective actions for the identified violations within 15 days. On October 18, 2022,the City conducted another inspection of the church property where zoning, building code, fire code, andhealth violations were once again identified. On October 20, 2022, Code Enforcement served theBuilding Official’s Notice and Order directly to Pastor Scott Mulvey of City Church. On October 24,2022, a reinspection was conducted by the Building Division, Fire Department, and CodeEnforcement staff. Per the findings of the Police Support Manager, the identified violations had notbeen adequately corrected.On November 4, 2022, Code Enforcement issued a preliminary notice to abate public nuisance andbegan issuing citations. From November 2022 to January 2023 staff coordinated with City Church toaddress the violations identified. On January 26, 2023, Code Enforcement notified City Church that theCity was willing to stay all fines until February 2, 2023, when an abatement hearing would take place.Attachment 3 is the “City Church Abatement Hearing” book that provides a summary of the ongoingcoordination between City Staff and City Church, as well as copies of communication, citations, hearingnotices, and photographs. The abatement hearing identified five citations under review and two fines inthe amounts of $17,930 and $19,470. The property owners and City staff came to an agreement to staythe fines until all the citation matters are successfully resolved. If all the items were adequatelyaddressed within six months of the hearing date, the fines would have been abolished. If the propertyowners needed more time to address the violations, they had to provide a written extension request tothe City no later than five months from the hearing date. Attachment 4 is the “Administrative HearingOfficer” summary letter signed by all participating parties. To date, the citation violations have not beenresolved. On September 13, 2023, Code Enforcement issued a citation of $77,660 (Attachment 5).This citation encompasses 72 days of violations from the initial November 2022 correction notice to theFebruary 2023 abatement hearing.Planning Division Entitlement Applications:As discussed in the ‘City Church Permit and Code Enforcement Proceedings’ subsection above, aGeneral Plan Amendment and Zone Change application are necessary for City Church to continue itshomeless services at the intensity it desires. If approved, a General Plan Amendment and Zone Changewould redesignate the property from residential to commercial. Under a commercial land usedesignation, City Church could apply for a Conditional Use Permit, Development Review, andEnvironmental Review entitlements to permit their homeless services activities. In total, the entitlementapplication fees are $29,108. The Community Development Department/Public Works DepartmentFee Schedule identifies each application fee individually (Attachment 6). These fees are effective untilJanuary 1, 2024. On February 1, 2024, the Planning Division application fees will be adjusted based onthe average change for the December Consumer Price Index for the San Francisco Bay Area, WestUrban, and U.S.City Church Entitlement Application Waiver Request: City Church has expressed the total costs to address the various violations of their homeless servicesoperations are too great. The construction and permitting costs related to required building and siteimprovements combined with citation fines are significant. Therefore, City Church is requesting the CityCouncil consider waiving all Community Development Department/Public Works Departmententitlement application fees necessary to establish their homeless services legally.FINANCIAL IMPACTEntitlement application fees were established as costrecovery fees for City processing. If the feewaiver is granted, the City will not collect the applicable entitlement application fees at the time ofapplication submittal and therefore absorb the processing expenses.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity staff recommends that the City Council select one of the following options:Option 1: Approval:Approve the application fee waiver request for City Church entitlementsrelating to Homeless Shelter services at 743 E Tabor Avenue. A separate building permit andCode Enforcement fees and fines may still be applicable. Option 2: Denial:Deny the application fee waiver request for City Church entitlements relating toHomeless Shelter services at 743 E Tabor Avenue. All appropriate entitlement application feesshall be collected at the time of submittal. A separate building permit and Code Enforcement feesand fines may still be applicable.STAFF CONTACTMeily Sheehan, Interim Planning Manager(707) 428[email protected] COORDINATED WITH
City Attorney's Office, City Manager's Office, Police Department ATTACHMENTS:

Description
Attachment 1: Proposed Resolution Approval
Attachment 2: Proposed Resolution Denial
Attachment 3: City Church Abatement Hearing February 2, 2023 Attachment 4: Administrative Hearing Officer Letter February 13, 2023 Attachment 5: Police Department Administrative Citation September 13, 2023 Attachment 6: Community Development Department/Public Works Department 2023 Fee Schedule
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/11/2023 2:16 PM
Packet Page 112 of 284

CITY OF FAIRFIELD

RESOLUTION NO. 2023-259

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING A COMMUNITY

DEVELOPMENT DEPARTMENT/PUBLIC WORKS DEPARTMENT APPLICATION FEE WAIVER FOR CITY CHURCH ENTITLEMENTS RELATING TO HOMELESS SHELTER SERVICES AT 743 E TABOR AVENUE

WHEREAS, on September 30, 2021, the Temporary Shelter Permit for City Church expired; and

WHEREAS, on October 4, 2022, Fairfield Code Enforcement sent a correction notice to City Church to address various building, site, and land use violations in relation to homeless services; and

WHEREAS, on October 20, 2022, the City building official issued a Notice and Order to City Church for building and fire safety code violations; and

WHEREAS, as of September 13, 2023, a total of $77,660 in citation fines have accrued; and

WHEREAS, a total of $29,108 application fees are required to begin the Planning Division entitlement process for a General Plan Amendment, Zone Change, Conditional Use Permit, Development Review, and Environmental Review; and

WHEREAS, due to high costs for construction, permitting, and citation fines, City Church requests entitlement application fees be waived; and

WHEREAS, the City Council finds it appropriate to provide a fee waiver for the entitlement application fees; and

WHEREAS, City Church will still be responsible for paying all applicable building permit issuance, development impact fees, and citation fines for their property at 743 E Tabor Avenue.

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

Section 1. The City’s standard entitlement application fees for City Church to request land use redesignations, a conditional use permit, and building and site improvements to support a Homeless Shelter land use at 743 E Tabor Avenue are hereby waived at the time of submittal.

Section 2. City Church shall have 30 days from the adoption of this resolution to submit a complete General Plan Amendment and Zone Change application package to the Community Development Department and 120 days from the adoption of this resolution to submit a Packet Page 113 of 284Attachment 1 Page 1 of 2

RES. NO. 2023-259

Page 2 ends

complete Development Review and Use Permit application package to the Community Development Department, after which time the fee waiver allowance will terminate.

PASSED AND ADOPTED this 17th 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 114 of 284Attachment 1 Page 2 of 2

CITY OF FAIRFIELD

RESOLUTION NO. 2023-260

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DENYING A COMMUNITY

DEVELOPMENT DEPARTMENT/PUBLIC WORKS DEPARTMENT APPLICATION FEE WAIVER

REQUEST FOR CITY CHURCH ENTITLEMENTS RELATING TO HOMELESS SHELTER SERVICES AT 743 E TABOR AVENUE

WHEREAS, on September 30, 2021, the Temporary Shelter Permit for City Church expired; and

WHEREAS, on October 4, 2022, Fairfield Code Enforcement sent a correction notice to City Church to address various building, site, and land use violations in relation to homeless services ; and

WHEREAS, on October 20, 2022, the Fairfield Building Official issued a Notice and Order to City Church for building and fire safety code violations; and

WHEREAS, as of September 13, 2023, a total of $77,660 in citation fines have accrued; and

WHEREAS, due to high costs for construction, permitting, and citation fines, City Church requests entitlement application fees be waived; and

WHEREAS, the City Council does not find it appropriate to provide a fee waiver for the entitlement application fees; and

WHEREAS, City Church will still be responsible for paying all applicable entitlement application fees, building permit issuance, development impact fees, and citation fines for their property at 743 E Tabor Avenue.

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

Section 1. The application fee waiver request for entitlements related to Homeless Shelter services at 743 E Tabor Avenue is hereby denied.

Packet Page 115 of 284Attachment 2 Page 1 of 2

RES. NO. 2023-260

Page 2 ends

PASSED AND ADOPTED this 17th 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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$8,276
$8,276
$7,006
$7,373
$250
$7,679
$3,933
$8,753
$3,134
$7,373
$4,314
$4,314
$2,922
$4,314
$2,922
$126
$993
$248
$2,483
$764
$374
$745
$626
$55
$16
$430
$716
Development Review:
$4,966
$12,048
plus $26/unit over 50 units
plus $26/unit over 50 units
$4,145
$8,644
$8,644
Minor Development Review:
$4,668
$6,483
$5,404
$5,404
60%of Building Plan Check Fee 7
(non-single family projects)
40%of Building Plan Check Fee 7
$125
$0.00 for first 100 labels, $0.58 per label over 100
Appeals:
$752
$1,504
See notes on next page.

Planning Commission..............................

Industrial..................................................

Architectural Plan Check.............................

Single Family Architectural Plan Check.......

Public Hearing Sign....................................

Administrative..........................................

Public Hearing Mailing............................................... plus $26/development acre over 10 acres
plus $26/development acre over 10 acres
plus $26/development acre over 10 acres
plus $26/development acre over 10 acres
plus $26/development acre over 10 acres
hourly rate10
hourly rate10
half the Planning permit fee, plus hourly
Public Works charge 3 and 6
plus $15 per individual sign
Commercial.............................................

Freeway Sign..............................................

Minor Discretionary Review.........................

Custom Home.............................................

Flood Zone Determination...........................

Transportation Permit.................................

Single-Family Subdivision........................

Plan Review................................................

Multiple-Family Subdivision.....................

Administrative Variance..............................

Home Occupation Permit............................

Sign Program..............................................

Time Extension..........................................................

Industrial..................................................

Single-Family Subdivision........................

Commercial.............................................

Second Unit................................................

Community Design Plan..........................

Multiple-Family Subdivision.....................

APPLICATIONPROCESSING AND PLAN
CHECK FEES11

CITY OF FAIRFIELD

COMMUNITY DEVELOPMENT DEPARTMENT

PUBLIC WORKS DEPARTMENT
PLANNING AND ZONING, ACCOUNTS 011-990007001, 011-990007039 Development Agreement Amendment........

Pre-Annexation Agreement........................................

Development Agreement...........................................

Master Planned Unit Development Permit..

Planned Unit Development Permit..............

General Plan Amendment...........................

Planned Development Zoning.....................

Planned Development Amendment.............

Annexation..................................................

Specific Plan Amendment...........................

Zoning Ordinance Amendment...................

Zone Change..............................................

Zoning Letter (Zoning Clearance)...............

Individual Signs (excludes face changes)...

Use Permit..................................................

Administrative Use Permit...........................

Variance.....................................................

Special Event Permit Fee - Minor................

Special Event Permit Fee - Major................

Packet Page 204 of 284Attachment 6 Page 1 of 2

$1,637
$4,599
$5,242
$4,920
$11,404
$4,599
plus $64/lot
plus $64/lot

1.35% of improvement cost

1.35% of improvement cost
$1,195
$376
$2,830
$6,930
$4,143 plus EIR contract price + 27.10% admin. charge
$1,504
$142 plus contract price + 16.26% admin. charge
$1,880
Payment of these fees must be in the form of a separate check made payable to "Solano County". The Fish and Wildlife fee will be forwarded to the California Dept. of Fish and Wildlife (DFW) pursuant to State law.

DFW Fish and Wildlife Impact Fee and Posting Fee for Notice of Determination 8 Solano County Posting Fee for Notice of Exemption
NOTES
1 2
3 4
5 6
7 8
9 ENVIRONMENTAL QUALITY, ACCOUNTS 011-990007003, 011-990007039 Improvement Plan Check...........................................

Landscape Plan Check..............................................

Mitigated Negative Declaration...................

Environmental Impact Report......................

Mitigation Monitoring...................................

Special Study..............................................

Environmental Review Addendum..............

SUBDIVISION, ACCOUNTS 011-990007002, 011-990007039
Lot Line Adjustment/Lot Merger..................

Lot Line Adjustment Check.........................

Tentative Parcel Map..................................

Parcel Map Check.......................................

Negative Declaration...................................

Abandon City Right-of-Way or Easement....

ENVIRONMENTAL QUALITY, ACCOUNTS 011-990007003, 011-990007039 Final Map Check.........................................

Categorical Exemption................................

CITY OF FAIRFIELD APPLICATION

COMMUNITY DEVELOPMENT DEPARTMENT PROCESSING AND PLAN
PUBLIC WORKS DEPARTMENT CHECK FEES11
Tentative Subdivision Map..........................

Hourly rates for the Public Works Department are based on the salary and benefits for each professional staff person that works on the assignment.

Community Development Department flat fees are adjusted each year based on the average change for the December CPI-W for the San Francisco Bay Area, West Urban. and U.S.

Effective February 1, 2023 to January 31, 2024
The cost of 15 hours of Community Development staff time will be collected as a deposit for a Pre-Annexation agreement and 50 hours for a Development Agreement; applicant will be charged the balance of the full hourly expense for Community Development staff and City Attorney prior to final approval .

Public Works Department flat fees are adjusted each year on February 1 based on the average change for the December CPI-W for the San Francisco Bay Area, West Urban and U.S.

Calculation for amount of Planning Fee shall be based upon figures shown in City Council Resolutions 2003-256, 2009-126, 2013-139 2014-140, and 2021-291, adjusted annually for inflation.

Fee collected by the Building Division at time of construction plan submittal.

Includes Solano County Posting Fee of $50.
11 10
For projects in Cordelia that require a public hearing, a notice is mailed to a list of individuals that includes several hundred names. To calculate the fee that will be charged for the mailing, contact the Community Development Department at (707) 428-7461.

Fees include 8.38% technology and overhead recovery fee per City Council Resolution 2009-54.

For Categorical Exemption......................$50
Development acres refers to the improved area or area to be improved within a project; undeveloped land that is to be permanently maintained as natural open space is excluded from the fee calculation.

Hourly rates for the Community Development Department are $118 per hour which is based on a department average based on salaries, benefits and department overhead. The rate is adjusted each year on February 1 based on the average change for the December CPI-W for the San Francisco Bay Area, West Urban, and U.S.

For Negative Declaration........................ $2,814.00 For Environmental Impact Report............ $3,889.25
Packet Page 205 of 284Attachment 6 Page 2 of 2

Agenda Item No: 11.

AGENDA REPORT
DATE:October 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing and;
Resolution 2023261 of the City Council of the City of Fairfield Denying Amendment Requests to the Train Station Specific Plan (SP2022001) RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The Train Station Specific Plan (TSSP) includes architecture and building siting policies for development within Planning Area 6 (PA6) of the TSSP area. The policies require that the developer construct industrial buildings with architectural features that soften facades facing the public rightofway and commercial buildings that are sited for a pedestrian interface. The developer has requested that the TSSP be amended to alter these policies with relaxed provisions.

DISCUSSION
Background:The Canon Station project is a diverse development proposal with a history that traces back approximately twelve years. Initial planning for the project was completed as a part of the TSSP and approved by the City Council in July 2011. The TSSP provides a generalized set of development policies, creating a framework for the overall land plan, circulation, and retail amenity hubs. Concurrent with the adoption of the TSSP, the council also certified an Environmental Impact Report (EIR) that evaluated the resource impacts of the project, including detailed studies of traffic, wetland, and habitat features among its contents.

While the TSSP provides a broad framework for future development, it defers precise land planning as a future action. To facilitate future planning, the TSSP land area is divided into 10 separate “Planning Areas.” For each Planning Area, the TSSP requires a “Master Planned Unit Development” (MPUD) permit as the bridge between the overall Specific Plan and the more detailed subdivision/parcel maps and development entitlements. The MPUD permit provides conceptual land use and circulation plans that refine the intent and purpose of the TSSP, as well as determine infrastructure phasing.

At its meeting on August 23, 2023, the Planning Commission approved a request by Canon Partners, Packet Page 206 of 284

At its meeting on August 23, 2023, the Planning Commission approved a request by Canon Partners, LLC for various entitlements to facilitate the development of PA6. Specifically, the MPUD permit, and associated Design Guidelines were approved. The PA6 master plan includes 4.6 million square feet of industrial development, 10,000 square feet of ‘incubator space,’ and 12,000 square feet of commercial space. The MPUD provides land use, circulation, utility, and design regulations for future development requests. The cohesive Design Guidelines highlight the project’s environmental compliance, fee and infrastructure obligations, maintenance responsibilities, and architecture and site design elements.

Focusing on the design features, the Design Guidelines include directions on 1) architecture requirements; 2) master landscape plans; 3) signage; 4) lighting; and 5) master wall and fencing plans.

It should be noted that there are no buildings currently proposed for construction as part of the project.

Further details on the PA6 MPUD permit and Design Guidelines are contained in the attached commission staff report.

TSSP Amendment:The applicant proposes three policy amendments to the TSSP. The request letter is attached as Attachment 2 for further review. The subject policies the applicant is seeking amendments for are focused on building configuration and architecture.

Amendment Request 1: Policy 430 requires all development within PA6 to configure the loading areas and rear elevations of the buildings away from the primary streets, New Canon Road and New McCrory Road. In order to support large crossdocking facilities, the applicant requests that the policy be amended to allow loading areas to face the streets when necessary. The applicant also proposes that visual impacts can be mitigated by utilizing landscaping and berms.

Staff does not support of this amendment request. A key goal of PA6 is to attract highvalue employers, such as manufacturers, R&D, and incubator businesses. Not only does Policy 430 ensure a pleasant visual aesthetic and lower noise levels along the street frontage, but it also supports building configurations that lend toward jobcreating industrial uses. Crossdocking configurations typically entail truckloading docks along the full length of the front and rear elevations of a building. These buildings support warehouse and distribution industries, which tend to generate low employment.

Amendment Request 2: Policy 1378 requires a building façade ‘break’ that measures 15 feet in width and 5 feet in depth for every 150 feet of linear building frontage. For example, if a building is 450 feet in length, two ‘breaks’ in the building face must be incorporated into the architectural design. This policy ensures that large industrial buildings have movement and articulation and are not visually flat along their entire face. The policy also provides various design options to reduce the massing of buildings along vehicular or pedestrian corridors and create visual interest along the streetscape with a pedestrian scale. The applicant requests that this policy be amended not to require dock walls to provide the minimum façade breaks in the form of wall plane articulation. Rather, the applicant is seeking the policy to only require articulation at the roof line and on the corners of large warehouses.

Staff does not support this request as the MPUD permit anticipates buildings over 1 million square feet.

These buildings would be some of the largest industrial structures in the city and therefore require an emphasis on design and visual impact in an area that is otherwise surrounded by open space.

Amendment Request 3: Policy 1355 requires nonindustrial buildings to be oriented to frame the corner of adjacent street intersections. The TSSP and MPUD permit have land carved out in PA6 to accommodate commercial nodes. These areas are meant to support small local service uses such as retail, professional office, food service, fitness, and medical offices. These service cores allow employees to meet ancillary daily needs without driving inconvenient distances, which also reduces the carbon footprint of the district. The applicant requests that nonindustrial buildings not be required to frame the corners and be developed consistently with current market demands that place parking areas more prominently.

Staff does not support the amendment request. The vision of the TSSP is for these commercial areas Packet Page 207 of 284

Agenda Item No: 11.AGENDA REPORTDATE:October 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing and;Resolution 2023261 of the City Council of the City of Fairfield Denying AmendmentRequests to the Train Station Specific Plan (SP2022001)RECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEThe Train Station Specific Plan (TSSP) includes architecture and building siting policies fordevelopment within Planning Area 6 (PA6) of the TSSP area. The policies require that the developerconstruct industrial buildings with architectural features that soften facades facing the public rightofwayand commercial buildings that are sited for a pedestrian interface. The developer has requested thatthe TSSP be amended to alter these policies with relaxed provisions.DISCUSSIONBackground:The Canon Station project is a diverse development proposal with a history that tracesback approximately twelve years. Initial planning for the project was completed as a part of the TSSPand approved by the City Council in July 2011. The TSSP provides a generalized set of developmentpolicies, creating a framework for the overall land plan, circulation, and retail amenity hubs. Concurrentwith the adoption of the TSSP, the council also certified an Environmental Impact Report (EIR) thatevaluated the resource impacts of the project, including detailed studies of traffic, wetland, and habitatfeatures among its contents.While the TSSP provides a broad framework for future development, it defers precise land planning asa future action. To facilitate future planning, the TSSP land area is divided into 10 separate “PlanningAreas.” For each Planning Area, the TSSP requires a “Master Planned Unit Development” (MPUD)permit as the bridge between the overall Specific Plan and the more detailed subdivision/parcel mapsand development entitlements. The MPUD permit provides conceptual land use and circulation plansthat refine the intent and purpose of the TSSP, as well as determine infrastructure phasing.At its meeting on August 23, 2023, the Planning Commission approved a request by Canon Partners,LLC for various entitlements to facilitate the development of PA6. Specifically, the MPUD permit, andassociated Design Guidelines were approved. The PA6 master plan includes 4.6 million square feet ofindustrial development, 10,000 square feet of ‘incubator space,’ and 12,000 square feet of commercialspace. The MPUD provides land use, circulation, utility, and design regulations for future developmentrequests. The cohesive Design Guidelines highlight the project’s environmental compliance, fee andinfrastructure obligations, maintenance responsibilities, and architecture and site design elements.Focusing on the design features, the Design Guidelines include directions on 1) architecturerequirements; 2) master landscape plans; 3) signage; 4) lighting; and 5) master wall and fencing plans.It should be noted that there are no buildings currently proposed for construction as part of the project.Further details on the PA6 MPUD permit and Design Guidelines are contained in the attachedcommission staff report.TSSP Amendment:The applicant proposes three policy amendments to the TSSP. The request letteris attached as Attachment 2 for further review. The subject policies the applicant is seekingamendments for are focused on building configuration and architecture. Amendment Request 1: Policy 430 requires all development within PA6 to configure the loadingareas and rear elevations of the buildings away from the primary streets, New Canon Road and NewMcCrory Road. In order to support large crossdocking facilities, the applicant requests that the policybe amended to allow loading areas to face the streets when necessary. The applicant also proposesthat visual impacts can be mitigated by utilizing landscaping and berms.Staff does not support of this amendment request. A key goal of PA6 is to attract highvalue employers,such as manufacturers, R&D, and incubator businesses. Not only does Policy 430 ensure a pleasantvisual aesthetic and lower noise levels along the street frontage, but it also supports buildingconfigurations that lend toward jobcreating industrial uses. Crossdocking configurations typically entailtruckloading docks along the full length of the front and rear elevations of a building. These buildingssupport warehouse and distribution industries, which tend to generate low employment.Amendment Request 2: Policy 1378 requires a building façade ‘break’ that measures 15 feet in widthand 5 feet in depth for every 150 feet of linear building frontage. For example, if a building is 450 feet inlength, two ‘breaks’ in the building face must be incorporated into the architectural design. This policyensures that large industrial buildings have movement and articulation and are not visually flat alongtheir entire face. The policy also provides various design options to reduce the massing of buildingsalong vehicular or pedestrian corridors and create visual interest along the streetscape with apedestrian scale. The applicant requests that this policy be amended not to require dock walls toprovide the minimum façade breaks in the form of wall plane articulation. Rather, the applicant isseeking the policy to only require articulation at the roof line and on the corners of large warehouses.Staff does not support this request as the MPUD permit anticipates buildings over 1 million square feet.These buildings would be some of the largest industrial structures in the city and therefore require anemphasis on design and visual impact in an area that is otherwise surrounded by open space.Amendment Request 3: Policy 1355 requires nonindustrial buildings to be oriented to frame thecorner of adjacent street intersections. The TSSP and MPUD permit have land carved out in PA6 toaccommodate commercial nodes. These areas are meant to support small local service uses such asretail, professional office, food service, fitness, and medical offices. These service cores allowemployees to meet ancillary daily needs without driving inconvenient distances, which also reduces thecarbon footprint of the district. The applicant requests that nonindustrial buildings not be required toframe the corners and be developed consistently with current market demands that place parking areas more prominently.

Staff does not support the amendment request. The vision of the TSSP is for these commercial areas to provide services and needs to the employees of the industrial development in PA6. Additional policies are included in the TSSP to create gathering and pedestrianoriented spaces in the commercial areas for persons working in the planning area. These areas are meant to be a relaxing and visually appealing space catered to the employees. The commercial nodes are not meant to attract passersby customers. Staff believes the proposed 4 million square feet of industrial will generate enough demand to support the commercial areas without needing to modify site configuration to typical market trends.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Planning Commission held a public hearing on the requests on August 23, 2023, approving the MPUD Permit for PA6 of the TSSP, the Development Review for PA6 Design Guidelines, and forwarded the TSSP Amendment to the council with a recommendation for denial with a 61 vote.

For the October 17, 2023, council meeting, City staff mailed public hearing notices to all property owners within 500 feet of the site and published the public hearing notice in the Daily Republic newspaper. No comments have been received in response to the notice.

ALTERNATIVE ACTION
The council may choose to approve or partially approve the requested TSSP amendments. Such an action would require the council to provide staff direction on which TSSP policies should be amended and to return to the council with a new resolution.

STAFF CONTACT
Meily M. Sheehan, Interim Planning Division Manager
(707) 4287474
[email protected]
COORDINATED WITH
City Attorney's Office, Public Works Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Train Station Specific Plan Amendment Request Letter July 25, 2023 Attachment 3: 20230823 Planning Commission Reso PC202311, Minutes, Staff Report REVIEWERS:

Reviewer Action Date
Sheehan, Meily Approved 10/2/2023 6:25 PM
Feinstein, David Approved 10/2/2023 8:21 PM
Beavers, Esther Approved 10/3/2023 11:10 AM
Beavers, Esther Approved 10/3/2023 11:11 AM
Packet Page 208 of 284

CITY OF FAIRFIELD

RESOLUTION NO. 2023-261

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DENYING AMENDMENT REQUESTS TO THE TRAIN STATION SPECIFIC PLAN (SP2022-001)

WHEREAS, on June 26, 2011, the City Council adopted the Train Station Specific Plan (TSSP); and

WHEREAS, an application for a Specific Plan Amendment (SP2022-001) was properly filed with the Community Development Department in accordance with the rules and regulations governing the official filing of such applications; and

WHEREAS, on August 23, 2023, the Planning Commission held a duly noticed public hearing on the proposed TSSP amendments and forwarded the proposal to the council with a recommendation for denial; and

WHEREAS, the council has held a duly noticed public hearing on the proposed TSSP amendments; and

WHEREAS, City staff has presented substantial factual information regarding the proposed TSSP amendments; and

WHEREAS, the council has considered all public testimony and information presented during the public hearing regarding this item; and

WHEREAS, the council has reviewed proposed amendments to the TSSP and finds the requests unbeneficial and inconsistent with the principles and objectives of the Specific Plan.

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

Section 1. The amendments to the Train Station Specific Plan (SP2022-001) are denied.

PASSED AND ADOPTED this 17th 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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City of Fairfield Planning Commission
RESOLUTION NO. PC2023-11

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION APPROVING A MASTER PLANNED UNIT DEVELOPMENT PERMIT (PUD2022-002) FOR "PLANNING AREA 6" OF THE FAIRFIELD TRAIN STATION SPECIFIC PLAN AND DEVELOPMENT REVIEW (DR2022-004) FOR DESIGN GUIDELINES (APNS:
0166-040-110; 0166-040-120; 0166-040-130; 0166-050-160; 0166-050-170; 0166-050-180; 0166-050-190; 0166-050-200); AND RECOMMENDING CITY COUNCIL DENY AMENDMENTS TO THE TRAIN STATION SPECIFIC PLAN (SP2022-001)

T H E P LA NN IN G C O M M ISS IO N O F T H E C ITY OF FAIRFIELD HEREBY RECITES, FINDS, DETER MINES, O R D E R S , A ND RESOLVES AS FOLLOWS:

SECTION 1. On March 9, 2022, an application for a Master Planned Unit Development Application (PUD2022-002) for a proposed Master Planned Unit Development Permit for Planning Area 6 of the Fairfield Train Station Specific Plan, along with related applications for Development Review (DR2022-004), Environmental Review - Mitigation Measures (ER 2022-005) (collectively: the Project), and Specific Plan Amendment (SP2022-001) was properly filed with the Community Development Department in acco rdance with the rules and regulations governing the official filing of such applications.

SECTION 2. The Planning Commission held a duly noticed public hearing on August 23, 2023. The City staff presented substantial factual information regarding the proposed Project in staff reports and through oral presentations before the commission, and the commission considered all public testimony and info rmation presented during the public hearing regarding this application.

SECTION 3. An Enviro nmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were previously certified and adopted for the Train Station Specific Plan, which includes all land covered by the Project.

SECTION 4. The commission has reviewed proposed amendments to the Train Station Specific Plan and finds the requests unbeneficial and inconsistent with the principles and objectives of th e Sp e cifi c P la n .

SEC T IO N 5. T h e co m m issio n ad o p ts the following findings in support of the Master Planned Unit D e v elo p m e n t Pe rm it re q u e st:
(a ) T he M aste r P U D Pe rm it is co n siste n t w ith th e G en e ral P la n go a ls, o b je ctiv e s an d po licie s.

Th e Proje ct is con sisten t w ith se vera l G e ne ra l P lan O bjectives a n d Po licies, su ch as O bjective E D 2 : Effectively co n cen tra te in d ustria l an d co mm e rci a l use s; P o licy E D 2 .5 : To PC ITEM NO.: B
PC FILE NO.: SP2022-001 I PUD2022-002 I DR2022-004 I ER2022-005 S:\Planning\PC Meetings\PC-2023\23-8-23\ITEM B - Planning Area 6\2. TSSP PA6 PC Resolution.docx PC DATE: 08/23/2023
PAGE 1
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minimize traffic impacts, industrial and business activity should be located in areas close to major transportation. Such areas should have room for expansion and sufficient buffers to prevent conditions of potential incompatibility with surrounding uses; Objective ED 4:

Select com m ercial and ind ustrial locations w hich are conven ien t, w hile com p a tible w ith the gro w th and future service nee ds of the comm un ity; Objective ED: Create an economic climate conducive to attracting new development and businesses which yield net social an d econo m ic benefits to the community; Policy ED 7.2: Encourage industrial or business uses w hich crea te large num bers of ne w, w ell paying jobs, and m axim ize private cap ital investm en t based up on the size an d scop e of the project; P olicy LU 13 .4 : Retail uses shall on ly be perm itted in ind ustrial areas as a secon d ary use to a perm itted use, such as m a nufacturing . Retail and service uses which serve the em p loyees of the area m ay also be perm itted; Policy LU 14 .2 : A variety of em p loym en t areas sha ll be pro vided in w hich ind ustrial and co m m e rcial activities w ill con tribu te to the con tinu ed econo m ic w elfare of the pe op le of the Ci ty and to stab le econo m ic and tax bases for the Ci ty; O bjective O S 7:

Id en tify and protect sensitive biolog ica l hab itat and reso urces. (b ) T h e M a ste r P U D Pe rm it is co n siste n t w ith Spe cifi c P la n go a ls, po licie s, stand a rd s an d de sig n crite ria . The M aster PUD P erm it w as filed in co m p liance w ith req uirem ents of Policies 14 -7 and 14 -8 of the Tra in Station Sp ecific P lan, and it incl ud es all m a nd atory comp o nen ts req uired by P olicy 14 . 9 of the Sp ecific Plan. The M aster P U D Perm it com p lies w ith p olicies of Chap ters 4, 7, 9, 10, 11, 12 , and 13 tha t are sp ecific to P lann ing A rea 6.

Lastly, the M aster PU D P erm it con tains term s an d req uirem en ts to ensure com p liance w ith other relevan t goa ls, po licies, stand ards, an d design criteria of the Specific Plan, incl ud ing sp e cific citation references w here app licab le. (c) T he M a ste r P U D Pe rm it is co n siste n t w ith th e T ra in S tatio n Sp e cifi c Pla n P D O v e rlay Zon e D istrict re gu latio n s. The M aster P U D Perm it w as filed in co m p liance w ith req uirem ents of se ction 25 .2 8 .6 .K .A.5 of the O verlay lone D istrict (M aster PU D P erm it Required), and it pro vid es for future developm en t in com p liance w ith req uirem e n ts of section 25 .2 8 .6 .K .D .6 (develop m en t reg ulations for Plann ing A rea 6}.
(d ) A n E n viro n m e n ta l Im p a ct R ep o rt (E IR ) an d M itig atio n M o n ito rin g an d R e p o rtin g Pro g ram w e re prev io u sly ad o p te d fo r th e T rain Statio n Sp e cifi c Pla n , w h ich in cl u d e s all la n d co v e re d by th e M a ste r PU D Pe rm it. A ny po ten tially sign ifican t im p acts of the P roject are iden tified in the EIR, an d com p liance w ith m itiga tions fro m the EI R is a req uirem en t of the M aster PU D P erm it, as ou tline d in Section B of the Perm it.

SE C T IO N 6 . T h e Pla nn in g C o mm issio n ad o p ts th e fo llo w in g fi nd ing s in su p p o rt of th e re qu e st for D e v elo p m e n t R e v ie w app ro v al:
(a) T h e P ro je ct is co n siste n t w ith th e G e ne ra l P lan an d Zon in g O rd ina n ce an d an y ap p licab le A rea w id e o r S p e ci fi c Pla n . The P roject is consisten t w ith severa l G en e ral Plan O bjectives an d Policies, such as O bjective E D 2: Effectively con cen trate ind ustrial an d comm erci al uses; Policy ED 2.5 : To m inim ize traffic im p acts, ind ustrial and bu siness activity sho uld be loca ted in areas cl ose to m ajor transp ortation . Such areas sho uld ha ve room for expansion PC ITEM NO .: B
PC FILE NO.: SP2022-001 I PUD2022-002 I DR2022-004 I ER2022-005 S:\Planning\PC Meetings\PC-2023\23-8-23\ITEM B - Planning Area 6\2. TSSP PA6 PC Resolution.docx PC DATE: 08/23/2023
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and sufficient buffers to prevent conditions of potential inco m patibility with surro unding uses; Objective ED 4: Select com m ercial and industrial locations which are co nvenient, w hile com patible with the grow th and future service needs of the comm unity; Objective ED: Create an econom ic clim ate conducive to attra cting new developm ent and businesses w hich yield net social and econom ic benefits to the com m unity; Policy ED 7.2: Encourage industrial or business uses which create large num bers of new, well paying jobs, and m axim ize private capital investm ent based upon the size and scope of the project; Policy LU 13.4: Retail uses shall only be perm itted in industrial areas as a secondary use to a perm itted use, such as m anufacturing. Retail and service uses which serve the em ployees of the area m ay also be perm itted; Policy LU 14.2: A variety of em ploym ent areas shall be provided in which industrial and com m ercial activities will contribute to the continued econom ic welfare of the people of the City and to stable econom ic and tax bases for the City; Objective OS 7: Identify and protect sensitive biologica l habitat and resources.

The M aster PUD Perm it was filed in co m pliance with requirem ents of Policies 14-7 and 14- 8 of the Tra in Station Specific Plan, and it includes all m andatory com ponents required by Policy 14. 9 of the Specific Plan. The M aster PUD Perm it com plies with policies of Chapters 4, 7, 9, 10, 11, 12, and 13 that are specific to Planning Area 6. Lastly, the M aster PUD Perm it contains term s and requirem ents to ensure com pliance with other relevant goals, policies, standards, and design criteria of the Specific Plan, including specific citation references where applicable.

The M aster PUD Perm it was filed in com pliance with requirem ents of section 25.28.6.K.A.5 of the Overlay Zone District {M aster PUD Perm it Required}, and it pro vides for future developm ent in com pliance with requirem ents of section 25.28.6.K.D.6 (developm ent regulations for Planning Area 6}. Future developm ent in the planning area will be subject to the Lim ited Industrial zo ning developm ent standards. (b) The exterior design and appearance of the pro ject w ill not cause the nature of the neighborhood to econom ically, physically, or visually decl ine. The Project is located in an undeveloped portion of the City, and will prom ote econom ic gro w th within this area and offer em ploym ent opportunities. The Project will be developed to specific Lim ited Industrial Zoning Ordinance standards and Tra in Station Specific Plan design policies to ensure that the architectura l design, site im provem ents, and landsca ping are compatible w ith surrounding developm ents. Together the design features and Project conditions will ensure that the Project will not cause this residential area to eco nom ically, physically, or visually decline.
(c) The project is of high-quality design consistent w ith applicable design policies and standards of the City. The Project will be developed to specific standards and conditions to ensure consistency with existing developm ents in the area. The Project has been conditioned to m eet or exceed the developm ent criteria of the Ci ty's Design & Developm ent Guidelines, design policies throughout the Tra in Station Specific Plan, and the Zoning Ordinance.

PC ITEM NO.: B
PC FILE NO.: SP2022-001 I PUD2022-002 I DR2022-004 I ER2022-005 S:\Planning\PC Meetings\PC-2023\23-8-23\ITEM B - Planning Area 6\2. TSSP PA6 PC Resolution.docx PC DATE: 08/23/2023
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(d) Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated. For this reason, the proposed project complies with the California Enviro nmental Quality Act (CEQA). An Environmental Impact Report {EIR} and Mitigation Monitoring and Reporting Program were previously adopted for the Train Station Specific Plan, which includes all land subject to this Development Review request. The project is conditioned to comply with a Master Planned Unit Development Permit for Planning Area 6 of the Train Station Specific Plan, the terms of which require the project to comply with all applica ble mitigation measures in the EIR.

SECTION 7. Based upon the written findings set forth in sections 3, 5, and 6 of this Resolution, the commission hereby approves the:
(a) Master Planned Unit Development Permit (PUD2022-002) contained in attached Exhibit A; and
(b) Development Review (DR2022-004) subject to the co nditions in the attached Exhibit A.

SECTION 8. Based upon the written findings set forth in section 4 of this Resolution, the commission hereby recommends City Council deny:
(a) Amendment to the Train Station Specific Plan (SP2022-001).

SECTION 9. The record of proceedings shall be located at the City's Community Development Department, and the director of community development shall be the custodian of such documents.

PASSED AND ADOPTED this 23rd day of August 2023.

AYES: COMMISSIONER S:

NOES: COMMISSIONER S:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONER S:

Chris MATTHEWS (Chair) / Lerecia EVANS (Vice-Chair) /
Melissa CRUZEN / Don GREVE/ George KENNEDY/ Shashi
PA U L / :i:ifl-a-WffiB-1:tN-
NoNf
CHRIS MATTHEWS, Chairperson
DAVID FEINSTEIN, Secretary
PC ITEM NO.: B
PC FILE NO.: SP2022-001 I PUD2022-002 I DR2022-004 I ER2022-005 S:\Planning\PC Meetings\PC-2023\23-8-23\ITEM B - Planning Area 6\2. TSSP PA6 PC Resolution.docx PC DATE: 08/23/2023
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E X H I B I T II A"

MASTER PLANNED UNIT DEVELOPMENT PERMIT
Train Station Specific Plan, Planning Area 6
(PUD2022-002)
T h is M a ste r P la nn e d U n it D e v elop m e n t Pe rm it (M P U D Pe rm it), issue d to C an o n Part n ers, LLC as M aste r D e velop e r fo r Plan n in g A re a 6 of th e T rain Statio n Sp e ci fi c P lan (T SSP ), is valid on ly fo r th e develo p m e nt o f Pla n n in g A re a 6 (PA 6 ) by C an o n Pa rtne rs, LLC as M a ste r De velop e r, w ho shall be sole ly resp o nsible fo r th e im p le m e n tatio n an d co o rd in atio n of all M P U D Pe rm it requ irem e nts. T ran sfer of any rig hts o r o b lig atio n s pu rsu a n t to th e M P U D Pe rm it sh a ll be by private ag ree m e nt. Su ch private ag ree m e n t m ay no t resci n d o r m o d ify an y te rm , re q u ire m e n t, o r con ditio n of th e M P U D Pe rm it. Any su ch rescissio n or m o d ifi catio n m ay b e m a d e o n ly by am e n dm e n t of th e M PU D Pe rm it, in co nfo rm an ce w ith th e re qu ire m en ts o f th e T SS P ; M P U D Pe rm it (PUD 2 022 -0 02) Se ction H . Other Conditions and Information, an d th e C an o n Statio n A m e n d e d an d Re state d D e v elo p m e nt A g ree m e nt (D A ), date d M ay 8, 20 15 , as am e n ded .

A. CONTENTS
T h e M P U D Pe rm it fo r Plann in g A re a 6 co m prise s th e fo llow in g ele m e nts:

1. Ele m e n ts re q u ire d by P o licie s 14 -9 , 12 -7 0 , an d 12 -73 of th e T SSP, in cl u d in g:
• C o n ce p tua l Lan d Pla n ;
• C o n cep tu a l C ircu latio n Pla n ; an d
• C o n cep tu a l W ate r, Se w e r, an d D rain ag e P la n s.

T he ab o v e th re e ite m s are en co m p a sse d in th e ci vil plan s title d "C an on Station - Plann in g A rea 6," as pre p a re d by C arlso n , Barbe e & G ib son , W are M a lcom b, an d N o rt h Po in t D e velo p m e nt, con sistin g of e le v e n (11 ) she ets, date d "Received September 23, 2022". T he y are ap pro ved , su bje ct to th e co n d itio n s an d te rm s of Se ctio n E. Land, Circulation, and Utility Plan Conditions, of th is M PU D Pe rm it. • M a ste r Lan d sca p e P la n ;
• M a ste r W all an d Fe n ce Pla n ; an d
• M a ste r Exte rio r Li g htin g Pla n .

T h e abo v e fo u r ite m s are en co m p a sse d in th e d e sig n gu ide lin e s title d "C ity o f Fairfi e ld T rain Station Spe cifi c Plan P la n n in g A re a 6 D e sig n G u ide lin e s," as pre p ared by N U V IS Land scap e A rch ite ct, A SB Project: Train Station Specific Plan, Planning Area 6 Master PUD Permit File Number: PUD2022-002

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Properties, Canon Partners, LLC, Carlson, Barbee & Gibson, Ware Malcomb, and NorthPoint Development, consisting of forty-two (42) sheets, dated "Received September 23, 2022". They are approved, subject to the conditions and terms of Section F. Community Design Plan Conditions, of this MPUD Permit.
• Phasing of development within TSSP Planning Area 6;
The above item is comprised of Sheets C.9-C.10 encompassed in the civil plans titled "Canon Station - Planning Area 6," as prepared by Carlson, Barbee & Gibson, Ware Malcomb, and NorthPoint Development, consisting of eleven (11) sheets, dated "Received September 23, 2022". The phasing is approved, subject to the conditions and terms of Section D. Infrastructure Construction and Sharing of Costs, of this MPUD Permit.
• Signage criteria, as required by TSSP Policy 12-62.

The above item is identified on page 35 encompassed in the design guidelines titled "City of Fairfield Train Station Specific Plan Planning Area 6 Design Guidelines," as prepared by NUVIS Landscape Architect, ASB Properties, Canon Partners, LLC, Carlson, Barbee & Gibson, Ware Malcomb, and NorthPoint Development, consisting of forty-two (42) sheets, dated "Received September 23, 2022".

This item is approved, subject to the conditions and terms of Section F. Community Design Plan C on d ition s, of th is M PUD Permit.

2. C o n d itio n s he re in th at m o d ify an y o f th e ab o ve liste d elements. 3 . A ll oth e r co n d itio n s o r re q u ire m e n ts o f th is do cu m e n t th at fo llo w be lo w .

8. ENVIRONMENTAL COMPLIANCE

1. A ll de v elop m e n t su b se qu e n t to th is M P U D P e rm it sh a ll be re v ie w e d for en v iro n m e n ta l im p a cts in acco rda n ce w ith CE QA G u ide lin e 15 1 8 3 and Government Code Section 65457 and as set forth in TSSP Po lici e s 7-1 th ro ug h 7-9 an d 14 -3 thro ugh 14-6. Pursuant to TSSP Policy 14-6, all future development is re q u ire d to im p le m e n t app licab le m itig atio n m e a su re s ado p te d w ith th e TSSP Environmental Im p a ct R e p o rt (E IR ) an d sh o w n in th e M itig atio n M o n ito rin g an d Rep o rt ing Pro g ra m (M M P ) fo r th e E IR .

2. W e tla nd s - In co njun ctio n w ith an y app licatio n fo r de v e lo p m e n t app ro v al, th e ap p lica n t sh a ll su b m it a w etla n d an d ha b itat asse ssm e n t, pre p a re d by a q u a lifi e d bio lo g ist. T he asse ssm e n t sh a ll be pre p a re d fo r: 1) th e pro pe rty o r pro p e rtie s su b je ct to th e ap p licatio n , an d 2) fo r an y ad d itio n a l pro p e rtie s ne ce ssa ry th at w ou ld be aff ected by th e de v elo p m e n t.

3. W etla n d s -A n y pro je ct o r re q u ire d in fr astru ctu re im p ro v e m e n t for th a t pro je ct, th at pro po se s to fil l w etla n d s, sh a ll co m p ly w ith th e re q u ire m e n ts o f E IR m itig atio n m e asu re 4 .4 -1. 4 . V e rn a l Po o l Spe ci e s - A n y pro je ct, o r re qu ire d in fr astru ctu re im p ro ve m e n t fo r th a t p ro je ct, th at pro p o se s to o ccu r w ith in an are a su p p o rting po ten tia l ha b itat fo r Fe d e rally-liste d ve rn a l po o l spe cie s, o r w ith in adequ a te bu ff er area s, sh a ll co m p ly w ith E IR m itig atio n m e a su re 4 .4 -2 a . See th is m itig atio n Project: Train Station Specific Plan, Planning Area 6 Master PUD Permit File Number: PUD2022-002

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m e asure for additional info rmation regarding the identification of adequate buffer areas. In im p le menting this requirement, it is noted that EIR Exhibit 4.4-9 identifies all of Planning Area 6 as "High Value" conservation areas for vernal pool species and EIR Exhibit 4.4-10 identifies existing and potential mitigation sites.

5. Califo rnia Tiger Salamander - Any project, or required infrastructure improvement for that project, that proposes to occur within areas supporting potential habitat for California tiger salamander shall comply with EIR mitigation measure 4.4-2b. Note that EIR Exhibits 4.4-1 and 4.4-11 identify Planning Area 6 as grassland habitat with indirect impacts to known salamander breeding pools.

6. Raptors - Any project, or required infrastructure improvement for that project, in Planning Area 6 are subject to pre-co nstruction surveys and other requirements of EIR mitigation measures 4.4-2c, - 2d, and -2e. Certain projects will be subject to habitat preservation requirements of subsections 3, 7 and 8 of this mitigation measure 4.4-2c. In implementing mitigations pertaining to Swainson's hawk and other non-burrowing owl raptors, note all of Planning Area 6 is identified as grasslands habitat on EIR Exhibit 4.4-1 and is therefore subject to habitat preservation requirements of mitigation measure 4.2-2c.3.

7. Contra Costa Goldfields - Any project, or required infrastructure improvement, that would potentially directly or indirectly affect Contra Costa goldfields habitat shall comply with requirements of EIR mitigation measure 4.4-3a. All developments in Planning Area 6 are subject to preconstruction survey and documentation requirements of EIR mitigation measure 4.4-3b. Such survey may be able to be addressed during the habitat assessment identified in item B.2 above. Any projects, or their required infrastructure, that would affect special status plant species other than Contra Costa goldfields shall comply with requirements of EIR mitigation measure 4.4-3b.

8. Riparian habitat -Any projects, or required infrastructure improvements, that would affect riparian habitat or creeping rye grass tufts shall comply with requirements of EIR mitigation measure 4.4-4.

9. Cultural Resources -All developments in Planning Area 6 are subject to the inadvertent discovery of cultural resources protocol outlined in EIR mitigation measures 4.5-2 and 4.5-3. [Continued on next page]
Project: Train Station Specific Plan, Planning Area 6 Master PUD Permit File Number: PUD2022-002

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C . A B 1 6 0 0 A N D N O R T H E A S T FEE O BLI G A T IO N S

1. In accordance with 1) the terms and policies ofTSSP Section 14.8, 2) EIR Mitigation Measure 4.14- 8 [requiring fees that are "sufficient" to fund construction of roadway infrastructure], and 3) the fee studies adopted by City Council Resolution 2013 -69, Resolution 2022-269, or any superseding resolution, development within Planning Area 6 is responsible for payment of Northeast Fees and Citywide AB1600 Fees (Traffic Impact, and Park and Recreation) notwithstanding any adjustments as specified in the existing Development Agreement, as amended, dated May 8, 2015 resulting from any development entitlement.

2. Developers constructing public improvements identified in the City's most recent "Northeast Area Development Impact Fee" and "Citywide Transportation Impact Fee" studies (co llectively, Fee Studies), as adopted by City Council Resolution No. 2013 -69 and as amended per City Council Resolution No. 2022-146, including any subsequent updates to the study adopted by Council, shall be eligible to receive either Northeast and/or Citywide AB1600 fee credits (Fee Credits) in co nsideration for completion of those public improvements. Fee Credit amounts shall be based on cost estimates included in the Fee Studies and shall be applicable towards impact fees assessed by the City for a MPUD developer's proposed development. Fee Credits earned for Northeast Area improvements shall not be applied towards AB1600 fees, and vice versa. Eligible Fee Credit amounts shall be identified in a subsequent improvement agreement, executed between the City and the developer, authorizing construction of the public improvements. [Continued on the next page]
Project: Train Station Specific Plan, Planning Area 6 Master PUD Permit File Number: PUD2022-002

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D . IN F R A S T R U C TU R E C O N S T R U C T IO N
A ll in fr astru ctu re sh a ll be in sta lle d by C anon Partne rs, LLC as th e M aste r De velo pe r fo r T SSP Plann in g A re a 6, pu rsu a n t to th e co n d itio n s, re q u ire m e nts, te rm s, and ob lig atio n s liste d at th e begin n in g of th is do cu m e n t.

1. C o n siste n t w ith T S SP Po licy 4 -2 1 , a m in im u m of 50 acres of in du strial lan d sh all be de velo pe d in co njun ctio n w ith th e po rt io n o f N e w C an n on Road th at tran se cts PA 6 . T he te rm "de velop ed " sha ll m e a n :
a. A fi n a l m a p (s) ha s be e n p rep a re d an d app ro v ed fo r reco rd ing , w h ich w ill create on e or m o re in d u stria l pa rcels; an d
b . Stree t im p ro v e m e n ts hav e be e n con structe d ; an d c. R o u g h grad in g ha s be e n com ple te d ; an d
d . Se w e r, w ate r an d drain a g e im pro v e m ents hav e bee n co n structe d to se rve th e parcels create d by th e fi n a l ma p (s).

In fr astru ctu re im p ro ve m e n ts d e scribe d und e r Policy 4-2 1 sh all be co n structe d to a sufficie nt de g ree su b je ct to th e re v ie w an d ap p ro v al o f th e C ity Eng inee r.

2. C o n siste n t w ith T SS P Po licy 4 -23 , on e o r m ore railro ad spu rs sh all be con structe d in PA6 . T he M P U D site pla n an d futu re b u ild in g en title m e n t pro p osal shall pro vid e th e lan d ne cessary to pro m o te a rail lin e exten sio n in to PA 6 . Ease m e n ts fo r th e railro ad spu r lo cation s sha ll be record e d con cu rrently w ith th e su b m itt al of im p ro ve m e n t p lan s fo r P h ase 1 to th e P u blic W orks De p artm ent. 3 . C o n siste n t w ith T SSP Po licy 4 -2 7 , de v elo p m e n t w ith hig h visibility fr om Van de n Ro ad as de taile d in T SSP Fig u re 12 -1 shall be rea so n a b ly screene d by a be rm o r be rm /w all com bin atio n . Refer to the T SS P Ed g e C o n d itio n Figu re s 12 -2 th ro u g h 12-4 fo r details. C on struction plan s fo r th e be rm o r be rm /w all co m b in atio n , sha ll be in cl ude d w ith th e im pro ve m e nt plan s for Ph ase 1 of PA 6 . T he be rm o r be rm /w a ll co m b in atio n sh a ll be fu lly co n structe d prio r to th e issuan ce of first C ertifi cate of O ccu p a n cy w ith in PA 6 . Se e Se ctio n F. C o m m u n ity D esig n P lan C on ditio ns - Fen ce an d Wall ite m #2 be lo w fo r ad d itio n a l de sig n in fo rm atio n . 4 . Pu rsuan t to T SSP Po licy 4-1 6 , th e P la nn in g A re a 5 (P A S ) lan dow n e r shall con stru ct N e w C an on Ro ad fr o m Pea b o d y to V ande n Ro a d . If th is im pro ve m e nt is no t co n structed prior to de velopm e nt w ith in th e PA 6 M P U D , th e fi rst de v elo pe r w ith in th e PA 6 M P U D shall con struct N e w C an o n Road , fr om Pea bo d y R o a d to N o rth G a te Ro ad , o r as re q u ire d by an y upd ate s to th e T SS P. At th e m in im um , th e fi rst de v e lo pe r w ith in th e PA 6 M P U D shall co n struct ade qu ate pu b lic ro ad w ay an d utility in fr astru ctu re to su p p o rt de v e lo p m e n t w ith in PA 6, w h ich m ay in cl ud e N e w C anon Road , fr o m V ande n R o ad to N o rt h G ate Ro ad , N e w M cCro ry Road , an d th e N e w C an on R oad ove rcro ssing , if th e se im p ro v e m e n ts are no t co n stru cte d. In con sid eratio n fo r co n structio n of the se im p ro ve m en ts, th e PA 6 M P U D de v elo p e r sha ll be elig ib le for Fe e C redit con side ratio n . See Pu blic W orks Project: Train Station Specific Plan, Planning Area 6 Master PUD Permit File Number: PUD2022-002

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D e pa rtm e n t M a ste r P la n n e d U n it De velo p m e n t Co n d itio n s of D eve lo p m e nt con ditio n s #8 -12 fo r m o re crite ria o n N e w C an o n R o a d .

5. N e w M c C ro ry R o a d sh a ll be d e sig n e d an d co n structe d con siste nt w ith C h ap te r 10 of th e T SSP. Refer to th e P u b lic W o rks D e p a rtm e n t M a ste r P la nn e d U n it D e v elopm e nt Con ditio n s of D evelo p m e nt co n d itio n s #13 -2 1 fo r add itio na l de ta ils. C on structio n plan s fo r N e w M cC ro ry Ro ad shall be in cl ud e d w ith th e im p ro v e m e n t pla n s fo r Ph a se 1 o f PA 6 . 6 . T h e seg m e n t o f N o rth G ate Ro a d be tw e e n th e inte rsectio n of N e w M cCro ry Ro ad an d N e w C an o n R o ad sh a ll be vacate d up o n co m p le tio n of th e N e w M cC ro ry Road an d N e w C an o n Road street im p ro v e m e n ts. Re fe r to the P u b lic W orks D e p a rtm ent M aste r Planne d U n it De ve lo p m e nt C on d ition s o f D e v e lo p m e n t co nd itio n s #2 2 -2 4 fo r ad ditiona l details. T he de velope r sh all furnish to C ity th e pro fessio na l do cu m e n ts ne ce ssary to vacate N o rth G ate R o ad an d th e C ity sh all no tify th e pu b lic of th e in ten d e d ro ad w ay vacatio n co n siste n t w ith th e requ ire m e nts of th e Su b divisio n M a p A ct. 7 . A traff ic circl e sh a ll be co nstru cte d at th e in te rsectio n of Ne w C anon Ro ad an d N o rt h G ate Ro ad. T he traff ic ci rcl e sha ll be de sign e d pe r C ity o f Fa irf ield 's Roun d ab out De sig n G u ide , H ig hw ay D esig n M anu al (H D M ), C a lifo rn ia M a nu a l o n U nifo rm T raff ic C o n tro l D ev ices (CA M U TC D ), an d A m e rican A sso ciation of State H ig h w ay and T ransp o rtatio n O ff icia ls (AA S H T O ) requ irem en ts. Refer to th e Pu blic W orks D ep a rtm e n t M a ste r P la n n e d U n it D e v e lo p m en t C on ditio n s of D e velop m ent con dition s #29 -30 fo r ad d itio n a l de tails.

E. LAND, CIRCULATION, AND UTILITY PLAN CONDITIONS

1. C o n siste n t w ith TSS P Po licy 4 -2 9 , th e fo llow in g m o difi e d land use reg ulation s app ly:
a. PA 6 la n d use s sh all be su b je ct to th e C ity's IL (Li m ite d In du strial) zo n in g de sig natio n , as id e n tifi e d in T ab le 25 -11 o f th e Zon in g O rd in an ce ; b . Pu b lic/q u a si-p u b lic b u ild in g s, fa ci litie s, an d accessory sh all add itio n ally pe rm itt ed ; an d c. O n -site re cre atio n fa cilitie s fo r o n -site use s sh all add itio na lly pe rm itt e d .

2. C o n siste n t w ith T S SP Po licy 4 -3 1 , ne igh b o rh ood co mm e rci al node se rvice areas sh all be in co rp orate d in to ea ch o f th e tw o in d u stria l d istricts as ide n tifi e d on T S SP Fig u re 4-13 . The se areas sh all in cl u d e pa d s o r co mm e rcia l sp ace fo r re tail, o ffi ce , re stauran t, an d /o r oth er uses app ro p riate to m ee t th e da ily se rv ices ne e d s o f th e w o rkin g po p u lation . a. C o n sisten t w ith T S SP Po licy 13 -5 8 , a plaza o r cou rtyard of at le ast 4,000 sf shall be in co rp o rate d in each su b -core se rv ice are a w ith in th e in dustrial park. Ad d itio na l com m on use are as sh o u ld be co n side red. C om m o n use areas m ay in clu de , but are not lim ite d to , stree ts w ith aw n in g an d arch ite ctu re co v e rs, ou td o or cafes, bu ild in g entry fo recou rts an d co u rty ard s.
b. T he fo llo w in g "P e o p le Pla ce s" p ractice s are en cou rage d:

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Bu ild ing s sh o u ld be ca re fully placed an d arran g ed to create an d en cl o se a variety of o u td oo r "p e o p le pla ce s";
ii A re as sh o u ld be de sig n e d in prop o rtion to th e su rro u nd in g bu ild in gs an d activitie s; iii A rea s sh o u ld be furnish e d w ith app ro p riate site am e n itie s su ch as be nche s, lo w w a lls, sha d e tre e s an d /o r sh ade structu res, w ate r ele m e nts an d bollards to fa cilitate ped e stria n use s;
iv A re as sh o u ld acco m m o d ate solar orie ntation to allo w fo r su nn y o utd oo r sp aces in w in te r an d sh a d e in su m m e r.

3. C o n siste n t w ith T S SP Co n ne ctivity C rite ria, Policy 13 -5 1, Bic y cle parkin g sha ll be acce ssible an d lo cated ne a r a bu ild ing 's m a in pu b lic en tran ce an d sh ou ld be de sig ne d to com ple m en t th e parcel's la nd scap e an d b u ild in g arch ite ctu re o r be visu a lly in co n spicu ou s. Ad ditio n ally, as no te d in Policy 13 - 52 , a sid e w alk sh o u ld lin k th e prim a ry b u ildin g entran ce an d th e ad jacen t pu blic street. 4 . C o n sisten t w ith T SSP Po licy 11 -11 , bu ildin g pe rm its shall be lim ite d in resp o n se to existin g sew e r cap acity co n d itio n s, un til su ch tim e th at th e W alte rs - Pe ab od y Sew e r Re lief Lin e is com plete .

F. DESIGN GUIDELINES CONDITIONS
W all an d Fen ce Pla n s

1. C o n sisten t w ith T SSP Po lic y 12 -6 7 , w alls use d to scree n o utd oo r sto rag e o r loadin g are as fr o m view fr o m pub lic stre e ts sh a ll be co n stru cte d fr om co n crete mason ry units. Pilaste r sh all be pro vide d at co rn e rs, chan g e of grad e s an d at in te rv als no t m o re tha n 150 feet ap art. C on crete cap s sh all be in sta lle d o n th e pilaste r an d w alls. Indu stria l fen ci n g alon g sid e an d rear pro pe rty line s no t abutt in g a pu b lic stree t m a y be co n stru cte d fr om stee l cha in lin k fen ce m ate rial, o r sim ila r fen ci n g of equ iv a len t qu a lity . T h e m ax im u m he ig ht o f th e in d u strial w alls an d fen ces sh all be 12 feet pe r city stand a rd . In d u stria l fe n ce s in th e fr o n t ya rd s sh all be co n structed fr om de co rative m e tal.

2. Li g ht In d u stria l Se n sitiv e Ed g e s are ide n tifi e d in T SSP Fig u re 13 -17 . T he cha racte r of ele vation s of th e in d u strial pa d s th at are exp o sed to p u blic vie w fr om eithe r V and en Ro ad o r th e C ity of Vacaville m u st be ad d re ssed in a ma nn e r th a t is as ae sth etically ple asin g as possible . T h e visib le edg es of in d u stria l pad s shall be de sig n e d to fo llow o n e of edg e con dition s de fi ne d in th e T SSP C h ap te r 12 an d ab o ve Se ctio n D . Infra structure Construction ite m #3 .

3. T h e re sh a ll be no m o d ifi catio n s to w alls o r fen ces w ith o ut app ro v al fr o m th e C ity. Pro p ose d w all o r fe n ce ch a ng e s m u st be co n siste n t w ith T S SP Sen sitive Edg e po lici e s. 4 . A n y pro p o se d fe n cin g ad jace n t to o p e n sp ace sh all be m ade of non co m bu stible m ate ria l to red u ce th e risk po se d by w ild la n d fi re s.

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Lan d sca p e P la n s

5. T S SP Fig u re 12 -1 id e n tifi e s 'H a b itat Con se rvatio n/Indu strial Ed g e' con ditio n s fo r PA6 . Pu rsu an t to T SS P Se ctio n 12 .4 .6 Industrial Edge an d 12 .5 .5 Industrial Collector, th e land scape de sig n alo ng th is edg e con d itio n sh o u ld d raw in sp iration fr o m th e ad jace nt Habitat C on se rvatio n Area an d th e op e n fa rm la n d to th e ea st by re fl e ctin g a "ru ral" de sig n con cep t utilizin g a native plan t pallet. Refer to T SSP Se ctio n 10 .2 .2 for stre e t se ctio n .
6 . Land scap e pa lle ts sha ll be de rive d fr o m th e T SSP C ha p te r 12 Sectio n 12 .1 7 Plant Palette an d th e C ity o f Fa irfi e ld T re e Plan ting Li st. C o n siste n t w ith T SS P Po licy 12-3, street tree s sh all be chosen fo r th e ir fo rm , can o p y , an d ab ility to pro sp e r in th e locatio n s pro p osed .

7. P u rsu a n t to T SSP Po licy 12 -4 , stree t tre e s shall be plan te d o n bo th side s of each street w h e re possible at a sp acin g o f 20 fee t. U n le ss re qu ire d by th e gro w th cha racte ristics of se le cted sp ecies, all street tre e p la n tin g sh a ll ty p ica lly be a m in im um 3-in ch calipe r an d 15-feet tall and sh all be irrig ated by lo w em issio n b ub b le rs.
8 . P u rsua n t to T SSP Po licy 12 -8 2 , all sh rub an d gro u nd co v e r le gen ds sha ll: 1) ide ntify th e typ e of irrig atio n sy ste m , 2) id e n tify m in im u m pla n tin g size s, notin g th at pla nting o n lan dscap e im pro ve m e nt pla n s sha ll be pre p a re d to ach ie v e full co ve rag e (i.e ., m in im al bare areas} w ith in tw o years. T h e irrig atio n sy ste m prop o se d sh all satisfy re qu ire m ents of th e T SSP an d th e C ity's w ate r eff icie nt la n d scap in g o rd in a n ce . M in im u m size s fo r sh ru bs sh all be a m ix of on e (1 } gallon an d five (5 ) gallo n sp e cim e n s, ho w e v e r on e -g allo n spe cim e n s m ay not exceed 25% of th e to tal. Sm a lle r sized co n tain e rs ma y be utilize d for gro un d co v e rs.
9 . A ll T SSP po licie s ide n tifi e d in th e fo llo w in g T SSP se ctio n s shall be app licable to all develo p m ents w ith in PA 6 :
a. 12 .1 1.6 Landscape Criteria {Nonresidential)
b. 12 .1 2 Parking
c. 12 .13 Plaza s/Courtyards/Outdoor Spaces - as app licable to co m m o n areas d . 12 .1 4 Service Docks/Loading Bays
e. 12 .1 5 Utility Screening
O th e r
10 . A M a ste r Exte rio r Li g h tin g Pla n sh a ll be pro v id e d w ith th e Ph ase 1 im p ro ve m ent plan s su bm itt ed to th e P u b lic W o rks D e pa rtm e n t. M a ste r Exte rio r Li gh tin g Plan s sh all in cl u de de sig n, location , an d ph o to m e trics. Pe r T SSP Po licy 4 -2 8 , exte rio r lig h tin g sha ll be de sig ne d to m inim ize glare im p acts on ad ja ce n t re sid e n tia l use s w ith in th e Spe cifi c Pla n , co n se rved op e n sp ace are as, T ravis AFB , an d th e C ity o f V ac av ille .

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11. C o n siste n t w ith T SS P Po licy 4-26 , prope rt ie s w h ich abu t ha b itat con se rvatio n are as, as sh ow n o n Fig u re 12 -1 sha ll:
a. M a in ta in a m in im u m 20-fo o t se tb ack to any bu ild ing ; streets, o r lan dscape ele m e nts pe rm itt e d w ith in th is se tb ack;
b. Lo cate lo a d in g , w aste , he av y eq uip m e nt an d se m i-p arkin g aw ay fr o m th e se ed ge s; c. U tilize a m in im u m o f 1 edg e con ditio n co n siste nt w ith th e polici e s an d stan dards of se ctio n 12 .4 o f th is do cu m e n t; se e Fig u res 12 -2 th roug h 12 -4 ; d . B e grad e d to co n ve y un tre ate d storm w ate r drain ag e fr om indu strial areas aw ay fr o m ha b itat area s.
12 . C o n siste n t w ith T SSP Po licy 4-3 0 , all de v elo p m e nt w ith in PA 6 sh all m e et the se m in im u m re qu ire m e n ts:
a. 30 fee t m in im u m se tb a ck fr om N e w C an on Ro ad ; b. 25 fee t m in im u m se tb ack fr om M cCro ry Ro ad ; c. Lo a d in g are a an d re a r ele vatio n s o f bu ild ing s/d ev elo p m e nts shall no t be orie nted to w ard prim a ry circu latio n corrid o rs, N e w C an on Road o r M cCro ry Road. 13 . D e v e lo p m e n t w ith in PA 6 sh a ll mee t th e fo llow in g T SSP bu s an d tran sit sh e lte rs crite ria if app licab le , to be de te rm in e d as pa rt o f futu re de v elo p m e n t entitle m e nts:
a. T h e d e sig n o f th e bu s an d tran sit she lte rs shall em b race su stain able prin ci p le s th ro ug h po ten tia l use of so la r en e rgy to pro vid e lig htin g in ev en in g hou rs as w e ll as pro vid e eff ici en t sha d in g an d sh ie ld in g o f p asse ng e rs fr o m in cl e m e nt w e ath er (Policy 12-12 }; b. B u s an d tran sit sh e lte rs sh a ll be locate d to give cle ar lin e s of sig ht fo r passe ng e rs w aitin g fo r tra n sp o rt fr o m bo th stan din g an d se ate d positio n s w ith in th e sh e lte r. A D A prin ciples shall be used to pro m o te easy acce ss to an d fr om bu se s an d to pro m ote un ive rsal access to th is valua b le reso u rce (P olicy 12 -13).
14 . D e v elo p m e n t w ith in PA 6 sh a ll m e e t th e fo llow in g T SSP parkin g crite ria:
a. D e sig n ate d ca rp o o l sp ace s sha ll be pro v ide d in a con ven ien t location to th e prim ary en try (P o licy 13 -5 9 );
b. Pa rkin g area s sh a ll be scre e n e d fr o m th e vie w of pu b lic stre ets by m e an s of lan dscap e w alls, be rm s an d /o r pla n tin g m ate ria ls of a m in im u m 3 feet he ig ht (Policy 13 -6 0 ). 15 . D e v elop m e n t w ith in PA 6 sh a ll m ee t th e fo llow in g T SS P utility in fr astru ctu re crite ria :

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Fairfield City CouncilOctober 17, 2023

Fairfield City Council
October 17, 2023