Agenda — Fairfield City Council, January 16, 2024 (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.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

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 Packet Page 1 of 204

PRESENTATIONS

1.Proclamation Declaring AntiHuman Trafficking Presented by Councilmember Doriss Panduro Contact:Karen Rees, (707) 4287767
a

2.Proclamation Declaring Martin Luther King Jr. Day Presented by Vice Mayor Pam Bertani Contact:Karen Rees, (707) 4287767
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PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

3.Resolution SA202401 of the Successor Agency to the Fairfield Redevelopment Agency of the Packet Page 2 of 204

3.Resolution SA202401 of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield Approving a Facility Use Agreement Between the City of Fairfield, the Successor Agency to the Fairfield Redevelopment Agency, and Solano Garbage Company for the Use of a Successor AgencyOwned Facility
Recommended Action
Adopt resolution.

Funding Source
N/A
Corey Beavers, (707) 4287528
a
CONVENE MEETING OF THE HOUSING AUTHORITY
The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

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

4.Resolution HA202401 of the Fairfield Housing Authority Approving the Transfer of Portions of Land Located on Highway 12 More Commonly Known as Assessor Parcel Numbers 0032010 240 and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the Executive Director to Execute a Quitclaim Deed Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:LaTanna Jones, (707) 4287647
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RECONVENE MEETING OF THE CITY COUNCIL
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

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

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
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6.Resolution 202402 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Amendment to the Joint Use Agreement with the Solano Community College Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Bill Way, (707) 4287611
a

7.Resolution 202403 of the City Council of the City of Fairfield Approving the Transfer of Portions of Land Located on Highway 12, More Commonly Known as Assessor Parcel Numbers 0032 010170, 190, 140, 230, and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the City Manager to Execute a Quitclaim Deed Recommended Action
Adopt resolution.

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

8.Resolution 202404 of the City Council of the City of Fairfield Declaring its Intention to Annex Territory (Midway Meadows) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 66
Recommended Action
Adopt resolution.

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

9.Resolution 202405 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement (Transit and Intercity Rail Capital Program) Between the City of Fairfield and Solano Transportation Authority for the Travis Safe Route to Schools and Transit Trail Project
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:David Vong, (707) 4287784
a

10.Resolution 202406 of the City Council of the City of Fairfield Authorizing Amendment No. 2 to Task Order No. 8 for Coastland Civil Engineering to Provide Additional Engineering and Design Services for the Waterman High Lift Pump and Power Upgrade Project, and Authorizing an Packet Page 4 of 204

Funding Source
$97,677; Water Capital Projects Fund
Contact:David Vong, (707) 4287784
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11.Resolution 202407 of the City Council of the City of Fairfield Accepting a Grant Deed from Laurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC and Executing Other Documents
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Caroline Vedder, (707) 4287484
a

12.Resolution 202408 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Goldhill Village III Subdivision as Complete Recommended Action
Adopt resolution.

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

13.Resolution 202409 of the City Council of the City of Fairfield Authorizing the City Manager to Approve the Police Department's Purchase of Two Unmanned Robots and to Update Lexipol Policy 711, Military Equipment, to Reflect the Change in Inventory, in Accordance with City Ordinance 202206
Recommended Action
Adopt resolution.

Funding Source
$42,897; Special Programs Fund
Contact:Sam Rowland, (707) 4287702
a

14.Resolution 202410 of the City Council of the City of Fairfield Authorizing the Police Department’s Exchange of PepperBall Patrol Carbine Model Launchers with PepperBall Tactical SemiAutomatic Model Launchers and Update to the Police Department’s Lexipol Policy 711 to Reflect the Change in Inventory, in Accordance with City Ordinance 202206 Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Sam Rowland, (707) 4287702
a

15.Resolution 202411 of the City Council of the City of Fairfield Approving the Purchase of the Security Scorecard Tool from Reseller ePlus Technology Inc.

Recommended Action
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED CONCURRENT MEETINGTUESDAY, JANUARY 16, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER 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.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.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 Pastor David Cobb, The Love CommunityPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring AntiHuman Trafficking Presented by Councilmember Doriss PanduroContact:Karen Rees, (707) 4287767a2.Proclamation Declaring Martin Luther King Jr. Day Presented by Vice Mayor Pam BertaniContact:Karen 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.SUCCESSOR AGENCY CONSENT CALENDARSUCCESSOR AGENCY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Agency or the public requests that separate action be taken on a specific item.3.Resolution SA202401 of the Successor Agency to the Fairfield Redevelopment Agency of theCity of Fairfield Approving a Facility Use Agreement Between the City of Fairfield, theSuccessor Agency to the Fairfield Redevelopment Agency, and Solano Garbage Company forthe Use of a Successor AgencyOwned FacilityRecommended ActionAdopt resolution.Funding SourceN/ACorey Beavers, (707) 4287528aCONVENE MEETING OF THE HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCommissioner Doug CarrCommissioner Doriss PanduroCommissioner Scott TonnesenCommissioner Rick VaccaroCommissioner K. Patrice Williams Vice Chair Pam BertaniChair Catherine "Cat" MoyHOUSING AUTHORITY CONSENT CALENDARHOUSING AUTHORITY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Authority or the public requests that separate action be taken on a specific item.4.Resolution HA202401 of the Fairfield Housing Authority Approving the Transfer of Portions ofLand Located on Highway 12 More Commonly Known as Assessor Parcel Numbers 0032010240 and a Portion of Beck Avenue from the City of Fairfield to the State of California andAuthorizing the Executive Director to Execute a Quitclaim DeedRecommended ActionAdopt resolution.Funding SourceN/AContact:LaTanna Jones, (707) 4287647aRECONVENE MEETING OF THE CITY COUNCILCONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.5.Approval of Meeting Minutes from December 2023Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a6.Resolution 202402 of the City Council of the City of Fairfield Authorizing the City Manager toExecute an Amendment to the Joint Use Agreement with the Solano Community CollegeRecommended ActionAdopt resolution.Funding SourceN/AContact:Bill Way, (707) 4287611a7.Resolution 202403 of the City Council of the City of Fairfield Approving the Transfer of Portionsof Land Located on Highway 12, More Commonly Known as Assessor Parcel Numbers 0032010170, 190, 140, 230, and a Portion of Beck Avenue from the City of Fairfield to the State ofCalifornia and Authorizing the City Manager to Execute a Quitclaim DeedRecommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a8.Resolution 202404 of the City Council of the City of Fairfield Declaring its Intention to AnnexTerritory (Midway Meadows) to Community Facilities District No. 20122 and Authorizing theLevy of Special Taxes Therein for Annexation No. 66Recommended ActionAdopt resolution.Funding SourceN/AContact:Chris Lewis, (707) 4287089a9.Resolution 202405 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Funding Agreement (Transit and Intercity Rail Capital Program) Between the City ofFairfield and Solano Transportation Authority for the Travis Safe Route to Schools and TransitTrail ProjectRecommended ActionAdopt resolution.Funding SourceN/AContact:David Vong, (707) 4287784a10.Resolution 202406 of the City Council of the City of Fairfield Authorizing Amendment No. 2 toTask Order No. 8 for Coastland Civil Engineering to Provide Additional Engineering and DesignServices for the Waterman High Lift Pump and Power Upgrade Project, and Authorizing anUpdate to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$97,677; Water Capital Projects FundContact:David Vong, (707) 4287784a11.Resolution 202407 of the City Council of the City of Fairfield Accepting a Grant Deed fromLaurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC and Executing OtherDocumentsRecommended ActionAdopt resolution.Funding SourceN/AContact:Caroline Vedder, (707) 4287484a12.Resolution 202408 of the City Council of the City of Fairfield Accepting the LandscapeImprovements for the Goldhill Village III Subdivision as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a13.Resolution 202409 of the City Council of the City of Fairfield Authorizing the City Manager toApprove the Police Department's Purchase of Two Unmanned Robots and to Update LexipolPolicy 711, Military Equipment, to Reflect the Change in Inventory, in Accordance with CityOrdinance 202206Recommended ActionAdopt resolution.Funding Source$42,897; Special Programs FundContact:Sam Rowland, (707) 4287702a14.Resolution 202410 of the City Council of the City of Fairfield Authorizing the PoliceDepartment’s Exchange of PepperBall Patrol Carbine Model Launchers with PepperBallTactical SemiAutomatic Model Launchers and Update to the Police Department’s LexipolPolicy 711 to Reflect the Change in Inventory, in Accordance with City Ordinance 202206Recommended ActionAdopt resolution.Funding SourceN/AContact:Sam Rowland, (707) 4287702a

15.Resolution 202411 of the City Council of the City of Fairfield Approving the Purchase of the Security Scorecard Tool from Reseller ePlus Technology Inc.

Recommended Action
Adopt resolution.

Funding Source
$245,532; Computer Fund
Contact:Savita Chaudhary, (707) 4287582
a

16.Resolution 202412 of the City Council of the City of Fairfield Approving the City Manager or their Designee as the City of Fairfield’s Authorized Public Risk Innovation, Solutions, and Management Representative
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a
NEW BUSINESS

17.Minute Action Approving Mayor’s Appointments to the Golf Advisory Board, Landscape Oversight Committee, and Solano County Mosquito Abatement District Board of Trustees Recommended Action
Approve appointments. Perform oath of office.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a
PUBLIC HEARINGS

18.Public Hearing and First Reading and Introduction of Ordinance 202401 of the City Council of the City of Fairfield Amending Section 25.28.5 of the City of Fairfield Zoning Ordinance to Permit Selected Industrial Business Park Uses for Office Commercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards
Recommended Action
Hold public hearing, waive full readings, read by titles only, and introduce ordinance for first reading.

Funding Source
N/A
Contact:Jessie Hernandez, (707) 4287450
a
ADJOURN TO TUESDAY, FEBRUARY 6, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL 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
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PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Thursday, January 11, 2024.

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Agenda Item No: 3.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, Executive Director
SUBJECT:Resolution SA202401 of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield Approving a Facility Use Agreement Between the City of Fairfield, the Successor Agency to the Fairfield Redevelopment Agency, and Solano Garbage Company for the Use of a Successor AgencyOwned Facility RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On March 15, 2022, the City Council of the City of Fairfield passed Resolution 202253 approving the Solid Waste, Recyclable Materials, and Organic Waste Collection and Disposal Agreement Between the City of Fairfield and Solano Garbage Company (Republic Services) (Solid Waste Franchise Agreement). The Solid Waste Franchise Agreement, among other things, requires that Republic Services perform street sweeping services within the city limits. Street sweeping waste is currently being taken to a temporary staging area at Assessor Parcel Number (APN) 0168010020 and a portion of an adjacent plot of land abutting the rear of Fire Station 41 at APN 0167141220. APN 0168 010020 is owned by the Successor Agency to the Fairfield Redevelopment Agency (Successor Agency) and Fire Station 41 is owned by the City.

The proposed resolution would grant the Executive Director the authority to sign on behalf of the Board of Directors a Facility Use Agreement between the City, the Successor Agency, and Republic Services.

This Facility Use Agreement would formalize the use of APN 0168010020 as a temporary storage area of street sweeping waste and establish mutual covenants and conditions for the use of this facility.

DISCUSSION
Street sweeping services are important, as they keep the city’s streets and pavement clean from dirt and debris. Street sweeping prevents storm drains from being clogged, assists in keeping areas free of blight, and plays an important role in removing harmful substances from entering our watershed and causing water pollution. The City Council of the City of Fairfield passed Resolution 202253 on March 15, 2022, approving the Solid Waste Franchise Agreement between the City and Republic Services.

Pursuant to Section 5.9 and Exhibit 8 of the Solid Waste Franchise Agreement, Republic Services is Packet Page 8 of 204

Pursuant to Section 5.9 and Exhibit 8 of the Solid Waste Franchise Agreement, Republic Services is required to provide street sweeping services for the City and transport the sweep waste to designated bins or areas at a City location.

The City is the owner in fee simple of Fire Station 41 located at 3200 North Texas Street. Fire Station 41 abuts the Successor Agencyowned APN 0168010020. APN 0168010020 contains a 0.5 paved acre area (Facility) that currently serves as a storage area for other City departments including Fire and Public Works and provides access to Cityowned water reservoir tanks. The Facility is accessible via the parking lot at the back of Fire Station 41. Republic Services desires to use the Facility for the temporary storage of sweep waste. As such, the City has proposed that the City, the Successor Agency, and Republic Services enter into the proposed Facility Use Agreement.

The proposed resolution would grant the Executive Director the authority to sign the proposed Facility Use Agreement on behalf of the Board of Directors. The proposed Facility Use Agreement grants Republic Services a license for ingress and egress to the Facility, the use of the Facility to transfer and store sweep waste and establishes mutual covenants and conditions between the three parties. The term length of the proposed Facility Use Agreement would run concurrently with the term length of the Solid Waste Franchise Agreement and would continue until November 30, 2035, unless the Franchise Agreement is terminated earlier.

FINANCIAL IMPACT
There is no fiscal impact to the Successor Agency to the Fairfield Redevelopment Agency. The City will charge Republic Services a nominal facility use fee of $1.00 to use the site.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Board of Directors may choose not to approve the resolution or could choose to amend certain sections of the Facility Use Agreement. If the Board of Directors has any questions, the proposed resolution may be delayed so that staff may provide the necessary additional information or documentation. Failure to approve the Facility Use Agreement may result in the City needing to identify another location for the storage of sweep waste.

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

Description
Proposed Resolution
Proposed Facility Use Agreement
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 1/2/2024 8:39 PM
Kaushal, Paul Approved 1/2/2024 8:40 PM
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Agenda Item No: 3.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, Executive DirectorSUBJECT:Resolution SA202401 of the Successor Agency to the Fairfield RedevelopmentAgency of the City of Fairfield Approving a Facility Use Agreement Between the City ofFairfield, the Successor Agency to the Fairfield Redevelopment Agency, and SolanoGarbage Company for the Use of a Successor AgencyOwned FacilityRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn March 15, 2022, the City Council of the City of Fairfield passed Resolution 202253 approving theSolid Waste, Recyclable Materials, and Organic Waste Collection and Disposal Agreement Betweenthe City of Fairfield and Solano Garbage Company (Republic Services) (Solid Waste FranchiseAgreement). The Solid Waste Franchise Agreement, among other things, requires that RepublicServices perform street sweeping services within the city limits. Street sweeping waste is currentlybeing taken to a temporary staging area at Assessor Parcel Number (APN) 0168010020 and aportion of an adjacent plot of land abutting the rear of Fire Station 41 at APN 0167141220. APN 0168010020 is owned by the Successor Agency to the Fairfield Redevelopment Agency (SuccessorAgency) and Fire Station 41 is owned by the City. The proposed resolution would grant the Executive Director the authority to sign on behalf of the Boardof Directors a Facility Use Agreement between the City, the Successor Agency, and Republic Services.This Facility Use Agreement would formalize the use of APN 0168010020 as a temporary storagearea of street sweeping waste and establish mutual covenants and conditions for the use of this facility.DISCUSSIONStreet sweeping services are important, as they keep the city’s streets and pavement clean from dirtand debris. Street sweeping prevents storm drains from being clogged, assists in keeping areas freeof blight, and plays an important role in removing harmful substances from entering our watershed andcausing water pollution. The City Council of the City of Fairfield passed Resolution 202253 on March15, 2022, approving the Solid Waste Franchise Agreement between the City and Republic Services.Pursuant to Section 5.9 and Exhibit 8 of the Solid Waste Franchise Agreement, Republic Services isrequired to provide street sweeping services for the City and transport the sweep waste to designatedbins or areas at a City location. The City is the owner in fee simple of Fire Station 41 located at 3200 North Texas Street. Fire Station41 abuts the Successor Agencyowned APN 0168010020. APN 0168010020 contains a 0.5 pavedacre area (Facility) that currently serves as a storage area for other City departments including Fire andPublic Works and provides access to Cityowned water reservoir tanks. The Facility is accessible viathe parking lot at the back of Fire Station 41. Republic Services desires to use the Facility for thetemporary storage of sweep waste. As such, the City has proposed that the City, the Successor Agency,and Republic Services enter into the proposed Facility Use Agreement.The proposed resolution would grant the Executive Director the authority to sign the proposed FacilityUse Agreement on behalf of the Board of Directors. The proposed Facility Use Agreement grantsRepublic Services a license for ingress and egress to the Facility, the use of the Facility to transfer andstore sweep waste and establishes mutual covenants and conditions between the three parties. Theterm length of the proposed Facility Use Agreement would run concurrently with the term length of theSolid Waste Franchise Agreement and would continue until November 30, 2035, unless the FranchiseAgreement is terminated earlier.FINANCIAL IMPACTThere is no fiscal impact to the Successor Agency to the Fairfield Redevelopment Agency. The City willcharge Republic Services a nominal facility use fee of $1.00 to use the site.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe Board of Directors may choose not to approve the resolution or could choose to amend certainsections of the Facility Use Agreement. If the Board of Directors has any questions, the proposedresolution may be delayed so that staff may provide the necessary additional information ordocumentation. Failure to approve the Facility Use Agreement may result in the City needing to identifyanother location for the storage of sweep waste.STAFF CONTACTCorey Beavers, Management Analyst II(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:DescriptionProposed ResolutionProposed Facility Use AgreementREVIEWERS:Reviewer Action Date Hether, Michael Approved 1/2/2024 8:39 PM
Kaushal, Paul Approved 1/2/2024 8:40 PM
Beavers, Esther Approved 1/3/2024 1:02 PM
Beavers, Esther Approved 1/3/2024 1:15 PM
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CITY OF FAIRFIELD

SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY

RESOLUTION NO. SA2024-01

RESOLUTION OF THE SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY OF

THE CITY OF FAIRFIELD APPROVING A FACILITY USE AGREEMENT BETWEEN THE CITY OF

FAIRFIELD, THE SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY, AND

SOLANO GARBAGE COMPANY FOR THE USE OF A SUCCESSOR AGENCY-OWNED FACILITY

WHEREAS, on March 15, 2022, the City of Fairfield and Solano Garbage Company (Republic Services) entered into a Solid Waste, Recyclable Materials, and Organic Waste Collection Agreement (Solid Waste Franchise Agreement), whereby the City granted Republic Services an exclusive franchise to provide solid waste, recyclable materials, and organic waste collection services, as well as street sweeping services for the City; and

WHEREAS, pursuant to Section 5.9 of the Solid Waste Franchise Agreement, Republic Services shall perform street sweeping services as described in Exhibit 8 of the Solid Waste Franchise Agreement and shall transport and deliver all street sweeping waste (Sweep Waste) to designated bins or areas at a City facility or an approved transfer station facility ; and

WHEREAS, the City is the owner in fee simple of Fire Station #41 located at 3200 North Texas Street, Fairfield, California 94533, designated as Assessor Parcel Number (APN) 0167-141-220, and the Successor Agency to the Fairfield Redevelopment Agency (Successor Agency) is the owner of APN 0168-010-020, an adjacent plot of land abutting the rear of 3200 North Texas Street; and

WHEREAS, Republic Services desires to use a 0.5 acre paved area located at APN-0168-010-020 (Facility) for the temporary storage of Sweep Waste; and

WHERAS, the City has proposed that the City, the Successor Agency, and Republic Services enter into a Facility Use Agreement to grant Republic Services a license for ingress and egress to the Facility and the use of the Facility to transfer and store Sweep Waste.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FAIRFIELD REDEVELOPMENT AGENCY OF THE CITY OF FAIRFIELD HEREBY RESOLVES AS FOLLOWS:

Section 1. The Board of Directors approves the Facility Use Agreement between the City, the Successor Agency, and Solano Garbage Company for the Use of a Successor Agency-Owned Facility.

Packet Page 11 of 204Attachment 1 Page 1 of 2

RES. NO. SA2024-01

Page 2 ends

Section 2. The Board of Directors authorizes the executive director to do all things necessary and proper to implement and execute the attached Facility Use Agreement.

PASSED AND ADOPTED this 16th day of January 2024, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

CHAIR
ATTEST:

____________________________

SECRETARY

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F A C IL IT Y U SE A G RE E ME N T B E T WE E N T H E C IT Y O F FAI RF IE L D , T H E

SU C C E SSO R A G E N C Y T O T H E FA IRF IE L D RE D E V E L O P M E N T A G E N C Y , A N D

SO L A N O G A RB A G E C O M P A N Y F O R T H E U SE O F A SU C C E S SO R A G E N C Y -

O W N E D FA C IL IT Y
This Facility Use Agreement ("A greem ent") is made and entered into as of _____________ (the "E ffective D ate") by and between the City of Fairfield, a California municipal corporation ("C ity "), the Successor Agency to the Fairfield Redevelopment Agency, a California public body ("Successor A gency") and Solano Garbage Company, a California corporation ("C ontractor"), who may herein be referred to each individually as a "P arty " and collectively as "the P arties".

RE C IT A L S
A. Pursuant to Resolution 2022-53, on March 15, 2022, the City and Contractor entered into a Solid Waste, Recyclable Materials, and Organic Waste Collection Agreement ("Soli d W aste A greem ent"), incorporated herein by reference, whereby City granted Contractor an exclusive franchise to provide solid waste, recyclable materials, and organic waste collection services, as well as street sweeping services for the City. Previously, the City and Contractor entered into an Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection, Processing and Disposal Services on or about September 6, 2011, as amended April 26, 2016, and as superseded by the Solid Waste Agreement as of March 15, 2022.

B. Pursuant to Section 5.9 of the Solid Waste Agreement, Contractor shall perform street sweeping services as described in Exhibit 8 to the Solid Waste Agreement. In accordance with Section 15 of Exhibit 8, Contractor shall transport and deliver all street sweeping waste ("Sw eep W aste") to designated bins or areas at a City facility or an approved transfer station facility.

C. The City is the owner in fee simple of Fire Station #41 located at 3200 North Texas Street, Fairfield, California 94533, designated as Assessor Parcel Number 0167-141-220. The Successor Agency is the owner in fee simple of an adjacent plot of land abutting the rear of 3200 North Texas Street located at 3220 North Texas Street, Fairfield, California 94533, designated as Assessory Parcel Number 0168-010-020 (collectively, 3200 North Texas Street and 3220 North Texas Street, "P rop erty "). In relevant part, the Property consists of Fire Station #41, a parking lot accessible via North Texas Street, and an approximately 0.5 acre paved area bordered by concrete K-rail located roughly 535 feet east of North Texas Street. The 0.5 acre paved area shall be referred to as the F acili ty .

D. Contractor desires to use the Facility for temporary storage of Sweep Waste in compliance with the Solid Waste Agreement and subject to the terms of this Agreement, and all other applicable City ordinances, rules and regulations, policies, federal and state laws.

Now, therefore, in consideration of the mutual covenants, conditions and consideration contained herein, City, Successor Agency, and Contractor hereby agree as follows. 1 Packet Page 13 of 204Attachment 2 Page 1 of 16

AGRE EMENT

1. Term, Effective Date and Expiration Date. The Term of this Agreement will commence on the Effective Date and shall continue until November 30, 2035, unless sooner terminated as provided in this Agreement. Contractor may request a five (5) year extension of the initial Term. Any such request to extend the initial term shall be delivered to the City and Successor Agency in writing thirty (30) calendar days before the end of the initial term, or the extended term. The City and Successor Agency shall have the sole discretion to either grant or deny Contractor's request and under no circumstances shall the City or Successor Agency be obligated to grant an extension.

2. Facilities Covered by Agreement. The Parties agree that the facilities covered by this Agreement for use by Contractor for temporary storage of Sweep Waste collected pursuant to the Solid Waste Agreement includes the Facility, described in Exhibit 1 hereto, which consists of an approximately 0.50 acre area located roughly 535 feet east of North Texas Street on 3220 North Texas Street, Fairfield, CA 94533 (APN #0168-010-020).

3. Grant of License to Use Facility. The City and the Successor Agency hereby grant a license to Contractor, its contractors, agents, representatives, employees and all others reasonably deemed necessary by City and Successor Agency, to use the Facility in accordance with, and subject to the terms and conditions of this Agreement.

A. Use of Facility. Contractor shall have the right to use the Facility to transfer and store Sweep Waste prior to the transfer of Sweep Waste to the Potrero Hills Landfill, or other authorized facility. Contractor shall not use the Facility for any uses other than those authorized for Contractor in this Agreement without the prior written consent of the City Manager or their designee. Contractor acknowledges that use of the Facility is conditioned on Contractor's execution of this Agreement and payment of the required Facility Use Fee.

1. Contractor may maintain two, 20-yard debris bins ("Bins"), and a front- load tractor, or other similar vehicle ("Tractor") (collectively, "Equipment") on the Facility for purposes of moving and storing Sweep Waste.

11. Contractor shall transfer the Sweep Waste to the Facility as needed in accordance with the street sweeping frequency prescribed by the Solid Waste Agreement.
111. Contractor shall transfer Sweep Waste into Bins on a daily basis. At no time shall Contractor allow the Facility to overflow with Sweep Waste such that all Sweep Waste located on the Facility cannot be contained in the Bins.
1v. Contractor shall promptly transfer the Sweep Waste to the Potrero Hills Landfill, or other authorized transfer facility.
2 Packet Page 14 of 204Attachment 2 Page 2 of 16

v. Contractor shall have the right to use and occupy the Property to the extent necessary to complete the transfer and storage of Sweep Waste at the Facility.
v1. Contractor will not interfere with the City's use and enjoyment of the Property.
v11. The City may restrict access to the Facility without any prior notice in the case of an emergency, disaster, or other event in which the Fire Chief or their assigned representative determines the use of the Facility would interfere with the imm ediate need by the Fire Department to provide for the health and safety of the comm unity.

B. Contractor's Obligations.

1. Contractor shall not violate or allow to be violated any Federal, State or local law, or rules and regulations of the City in connection with Contractor's use of the Facility.

11. Contractor shall be solely responsible for the Equipment located on the Facility. Equipment shall at all times be maintained in good working condition in accordance with reasonable standards as determined by the City Manager or their designee. At no time shall the Tractor leak any fluids or otherwise fail to be in good working condition. m. Contractor shall not make any alterations to the Facility, or maintain any fixtures, building systems, or equipment located on the Property unless otherwise permitted by this Agreement without the written consent of the City Manager or their designee.
1v. Contractor shall ensure the Facility is left in a clean and safe condition after each use, including, but not limited to, prompt cleaning of any oil, fluids or other substances that could contaminate the Facility. Contractor shall be solely responsible for any contamination or environmental hazards related to Contractor's use of the Facility.
v. Contractor shall periodically remove all generated debris on the Facility not contained in a Bin, including, but not limited to, trash, litter, and any remainin g Sweep Waste. Removal of debris pursuant to this section shall occur periodically, but not less than once every three (3) months. 3 Packet Page 15 of 204Attachment 2 Page 3 of 16

v1. If Contractor damages the Facility, City and Successor Agency shall have the option of either (a) requiring Contractor, at Contractor's own expense and risk, to restore the Facility to its previous condition, or (b) make the repairs and restorations to the Facility itself. If City or Successor Agency decides to make the repairs and restorations to the Facility itself, the costs for same shall be borne solely by Contractor. Contractor shall reimburse City or Successor Agency, as applicable, for any repairs or restoration necessary to repair damages to the Facility caused by Contractor no later than thirty (30) calendar days after City or Successor presents Contractor with a written statement or invoice reflecting the nature and costs of the repairs.
vn. Contractor assumes all risk of damage or loss to its personal property, including, but not limited to the Equipment located on the Facility.

4. Grant of License for Ingress and Egress to Facility. The City hereby grants a license to Contractor, its contractors, agents, representatives, employees and all others reasonably deemed necessary by City, to use the property located at 3200 North Texas Street, Fairfield, CA, 94533 (APN #0167141220) for ingress and egress to access the Facility pursuant to this Agreement, as described in Exhibit 2, hereto.

5. Facility Use Fee. Contractor agrees to pay City a Facility Use Fee in the amount of $1.00 for the use of the Facility. The Facility Use Fee must be received by City within five (5) business days of the Effective Date of this Agreement.

6. Reservation of Right of Entry. City reserves the right to occupy and use the Facility at all times during the period covered by this Agreement.

7. Insurance Requirements. Contractor shall procure and maintain for the duration of this Facility Use Agreement, at its own cost and expense, all insurance coverages required by the Solid Waste Agreement.

8. Indemnification. To the maximum extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Successor Agency, City and their elected officials, officers, directors, agents, employees, and volunteers from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments, including reasonable attorneys' fees and expert witness fees, or liability of any kind or nature which the Successor Agency, City and their elected officials, officers, directors, agents, employees, and volunteers may sustain or incur or that may be imposed upon them for injury to or death of persons, or damage to property arising out of the negligent or wrongful acts or omissions arising out of or in any way related to Contractor's use or occupancy of the Property pursuant to this Agreement.

9. Modification. This Agreement contains the entire agreement and any modifications, changes, or amendments to this Agreement must be in writing and signed by all Parties to this Agreement.

10. Notices and Demands. All notices or other communications required or permitted between 4 Packet Page 16 of 204Attachment 2 Page 4 of 16

the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the address(es) provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the sam e by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other comm unication sent.

To Contractor: Solano Garbage Company
2901 Industrial Court
Fairfield, CA 94533
Attn: General Manager
To City: City of Fairfield
Department of Public Works
1000 Webster Street
Fairfield, CA 94533
Attn: Solid Waste Franchise Agreement Adminsitrator
To Successor Agency: Successor Agency of the City of Fairfield 1000 Webster Street
Fairfield, CA 94533

11. Termination. Any Party may terminate this Agreement for any reason, with or without cause, by providing fourteen (14) calendar days prior wri tten notice of termination to the other party at the addresses shown in Section 9 (Notices and Demands). If the Part ies terminate this Agreement in accordance with this Section, this Agreement will terminate on the date that is fourteen (14) calendar days from the date on which any Party to this Agreement provides written notice of termination, at which time Contractor shall cause to remove any Equipment or personal property from the Facility. This Agreement shall imm ediately terminate upon the expiration or termination by either party of the Solid Waste Agreement, as it may be amended from time to time.

12. Independent Contractor. The relationship of the Part ies to this Agreement is that of independent contractors and in no event will Contractor be considered an officer, agent, servant or employee of City or Successor Agency. Contractor is solely responsible for any workers' compensation, withholding taxes, unemployment insurance, and any other employer obligations associated with Contractor's employees, agents and performers. 5 Packet Page 17 of 204Attachment 2 Page 5 of 16

13 . M isc e ll an e o u s.

A. Counterparts; Copies. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Except as required for recordation, the Parties shall accept copies of signatures, including, without limitation, electronically transmitted (for example, by e-mail, facsimile, PDF or otherwise) signatures.

B. Captions. Any captions to, or headings of, the articles, sections, subsections, paragraphs, or subparagraphs or other provisions of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision of this Agreement.

C. Exhibits. The Exhibits attached to this Agreement are hereby incorporated into this Agreement by this reference.

D. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California. Any and all legal actions brought to enforce or interpret the terms and provisions of this Agreement shall be commenced exclusively in the Superior Court of Solano County.

E. No Assignment or Transfers. Contractor shall assign or transfer this Agreement, in whole or in part, without the prior written consent of the City, which the City may grant or withhold in its sole discretion.

F. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

G. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction(s) described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date(s) set forth below next to their respective signatures. [Signatures on the following pages)
6 Packet Page 18 of 204Attachment 2 Page 6 of 16

SIG N A T U RE PA G E T O FA C ILI T Y U SE A G RE E ME N T D ate: __,I /~Z=----+/-~_0_2._'1~-
D ate: -----------
D ate: -----------
C O N T RA C T O R :

SU C C E SSO R A G EN CY :

Successor Agency to the Fairfield
Redevelopment Agency, a public body
B y :

D avid G assaw ay, E xecutive D irector
C IT Y :

City of Fairfield, a municipal corporation
B y :

D avid G assaw ay, C ity M an ager
A PPR O V E D A S T O FO RM :

Ri char ds, W atson & G ershon
D avid L im , C ity A ttorn ey
7 Packet Page 19 of 204Attachment 2 Page 7 of 16

E XH IB I T L IS T
Exhibit 1 - Description of Property and Facility
Exhibit 2 - Map of Ingress and Egress Route to Facility 8 Packet Page 20 of 204Attachment 2 Page 8 of 16

E XH IB IT 1
Description of Property and Facility
[ attached behind this page]
Packet Page 21 of 204Attachment 2 Page 9 of 16

D ick so n H ill R eserv o ir Site
A ll that cert ain real pro p ert y situate in the C ity of F airfi eld , C o u n ty of So lan o , S tate of C ali fo rn ia, bein g all of Parcel A as sh ow n on th at certain fin al m ap en titl ed "D ick so n H eig h ts", fil ed fo r record in B o ok 36 of Su bd iv isio n s at P age 83 (3 6 SD 83) in th e offi ce of th e S o lan o C ounty R ecorder, and bein g a po rt io n of the land s gra n ted to th e C ity o f F airfi eld by deed fi led fo r record in B o ok 10 2 8 of O ffi cial R eco rds, at P ag e 17 5 ( 10 2 8 O R 17 5) in said R eco rd er's offi ce, and fu rth er bein g a p o rt ion of the lan ds gra nted to th e C ity of F a irfi eld b y deed fil ed fo r record in B ook 10 32 of O ffi cial R eco rds, at P age 44 9 (10 32 O R 44 9) in said Recorder's office, being more particularly described as follows:

Beginning at the most northerly comer of said lands described in 1032 OR 449, said point being further described as the northwest comer of Lot 39 as shown on that certain map entitled "Final Map of Paradise Highlands Unit Number l ", filed for record in Book 38 of Subdivisions at Page 58 (38 SD 58) in said Recorder's office; thence from said Point of Beginning, along the westerly and southerly tract line of said 38· SD 58, South 0° 29' 42" West, 341.79 feet and North 89° 41' 32" East, 1,292.87 feet; thence leaving said tract line, along the most easterly line of said 1028 OR 175, South 0° 24' 38" East, 799.68 feet to the southeast comer thereof, said comer being further described as the northeast comer of Lot 14 as shown on said 36 SD 83; thence along the northerly and westerly lines of said Lot 14, North 89° 43' 52" West, 145.99 feet and South 0° 16' 08" West, 50.13 feet to a point on the northerly line of Lakehurst Court as shown on last said map, said point being further described as the beginning of a non-tangent curve concave southerly having a radius of 4 7 .00 feet, from which point the radius bears South 0° 16' 08" West; thence westerly along the arc of said curve and last" said northerly line, 35.51 feet through a central angle of 43° 17' 26", to the beginning of a reverse curve concave northerly having a radius of 33.00 feet; thence easterly along the arc of said curve and said northerly line, 25.07 feet through a central angle of 43° 31' 52"; thence, continuing along the northerly line of said Lakehurst Court, North 89° 29' 26" West, 498.05 feet to the southwest comer of said Parcel A; thence, leaving last said northerly line, North 0° 30'34" East, 69.81 feet to the northwest comer of said Parcel A; thence, along the northerly tract line of said 36 SD 83 the following four courses and distances: North 0° 29' 35" East, 111.52 feet; thence North 89° 20' 44" West, 358.67 feet; thence North 0° 18'10" East, 147.13 feet; thence North 89°25'35" West, 796.78 feet to a point on the east line of North Texas Street (100 feet wide); thence, leaving said northerly tract line, along said east line of North Texas Street, North 0°25' 17" East, 443.59 feet to a point from which a standard city monument at the intersection of North Texas Street and Dickson Hill Road, as shown on said 38 SD 58, bears North 01 ° 23 '30" West, 1,424.63 feet; thence, leaving last said east line, South 89°34' 43" East, 169.90 feet; thence North 35° 25' 17" East, 203.41 feet; thence South 89° 34' 43" East, 106.95 feet; thence North 0° 25' 17" East, 214.20 feet to a point on the northerly line of said 1032 OR 449; thence, along last said northerly line, North 76° 04' 00" East 161.95 feet to the Point of Beginning.

Containing 29.80 acres, more or less.

Bearings used in this description are based upon the monumented centerline of North Texas Street as shown in said Book 38 of Subdivisions at Page 58.

Sheet 1 of 2
Packet Page 22 of 204Attachment 2 Page 10 of 16

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REVISION DATE BY
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purposes onl y. It is not intended to
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compliance with land division laws.

CITY OF FA/Rf
Assessor's Map Bk. '.

County of So/am e Packet Page 24 of 204Attachment 2 Page 12 of 16

E XH IB IT 2
Map of Ingress and Egress Route to Facility
[ attached behind this page]
Packet Page 25 of 204Attachment 2 Page 13 of 16

E x h ib it 2
L e g a l D e s c r ip tio n o f L a n d
O v e r W h ic h In g r e s s a n d E g re s s
W ill b e P ro v id e d
A ll t h a t re a l p ro p e rty s it u a t e in t h e Ci ty o f F a irfi e ld , C o u n ty o f S o la n o , S ta te o f C a lifo rn ia , b e in g a p o rt io n o f t h e la n d s g r a n t e d to th e C ity o f F a irfi e ld b y d e e d s re c o r d e d in B o o k 1 0 2 8 , a t p a g e 1 7 5 (1 0 2 8 O R 1 7 5 ) a n d in B o o k 1 0 3 2 , a t p a g e 4 4 9 (1 0 3 2 O R 44 9 ) in t h e o ffi c e o f th e S o la n o C o u n ty R e c o rd e r , m o re p a rt ic u la r ly d e s c r ib e d a s fo ll o w s :

C o m m e n c in g a t t h e m o s t n o rt h e r ly c o rn e r o f th e la n d s d e s c r ib e d in 1 0 3 2 O R 44 9 , s a id p o in t b e in g f u rt h e r d e s c r ib e d a s th e n o rt h w e s t c o rn e r o f L o t 3 9 , a s s h o w n o n t h e m a p e n t it le d "F in a l M a p o f P a r a d is e H ig h la n d s U n it N o . 1 ", fi le d o f re c o r d D e c e m b e r 1 4 , 1 9 7 9 in B oo k 3 8 o f S u b d iv is io n M a p s , a t p a g e 5 8 (3 8 S D 5 8 ) in s a id R e c o r d e r 's o ffi c e ; t h e n c e a lo n g th e n o rt h e r ly lin e o f s a id 1 0 3 2 O R 4 4 9 , S o u t h 7 6 °0 4 '0 0 " W e s t , 1 6 1.9 5 fe e t to th e T r u e P o in t o f B e g in n in g ; th e n c e le a v in g s a id n o rt h e r ly lin e , S o u t h 0 °2 5 '1 7' W e s t, 2 1 4 .2 0 fe e t; th e n c e N o rt h 8 9 °3 4 '4 3 " W e s t , 1 0 6 .9 5 fe e t ; th e n c e S o u t h 3 5 °2 5 '1 7 " W e s t, 2 0 3 .4 1 ; th e n c e N o rt h 8 9 °3 4 '4 3 " W e s t , 1 6 9 .9 0 to a p o in t o n th e e a s t li n e o f N o rt h T e x a s S t re e t (1 0 0 fe e t w id e ), f ro m w h ic h p o in t a s t a n d a r d c ity m o n u m e n t a t th e in t e rs e c tio n o f N o rt h T e x a s S t r e e t a n d D ic k s o n H ill R o a d , a s s h o w n o n s a id 3 8 S D 5 8 , b e a rs N o rt h 0 1 °2 3 '3 0 " W e s t , 1 4 2 4 .6 3 ; th e n c e a lo n g s a id e a s t lin e N o rt h 0 °2 5 '1 7 " E a s t, 2 8 0 .7 6 fe e t t o a p o in t ; t h e n c e N o rt h 7 6 °0 9 '1 7 " E a s t, 4 0 6 .0 4 fe e t to th e T ru e P o in t o f B e g in n in g .

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Packet Page 26 of 204Attachment 2 Page 14 of 16

P OR . L O T . 38, RA N C H O TO L ENA S
P O R . SEC . 12 & 13, T.5N., R.2W., M.D.B.& M. EXT.

Tax Area Code
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REV ISION DATE I 8Y
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CITY OF FAIRFIELD
Assessor's Map Bk. 167 Pg. 14
County of Solano, Calif. e
Packet Page 27 of 204Attachment 2 Page 15 of 16

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https://oblique.sanborn.com/Solano_County_2022/?11=38.287514,-122.032995&z oom=19 Packet Page 28 of 204Attachment 2 Page 16 of 16

Agenda Item No: 4.

AGENDA REPORT
DATE:January 16, 2024
TO:Fairfield Housing Authority Chair and Commissioners
FROM:David Gassaway, Executive Director
SUBJECT:Resolution HA202401 of the Fairfield Housing Authority Approving the Transfer of Portions of Land Located on Highway 12 More Commonly Known as Assessor Parcel Numbers 0032010240 and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the Executive Director to Execute a Quitclaim Deed RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Housing Authority (FHA) is the owner of the 26.34acre parcel located off Highway 12, more commonly known as Assessor Parcel Number (APN) 0032010240 (the Property). FHA wishes to grant the State of California (State) a 7,042squarefoot section of the Property (ROW Area) to incorporate it into the existing Stateowned Highway 12.

DISCUSSION
When reviewing the City of Fairfield (City) and FHAowned properties, it was found that portions of Highway 12 were still owned by the City. City staff reached out to the State to confirm their desire to accept these portions of Highway 12. The State informed the City that a portion of the FHA Property is also part of Highway 12 right of way and should be granted to the State as well. The ROW Area is approximately 7,042 square feet and has been confirmed to be part of Highway 12 right of way.

The FHA has reviewed the State proposed ROW Area and wishes to grant the ROW Area to the State to assemble with the Stateowned Highway 12.

FINANCIAL IMPACT
There will be no financial impact to the FHA to enter or record the proposed Quitclaim Deed.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
Packet Page 29 of 204

Agenda Item No: 4.AGENDA REPORTDATE:January 16, 2024 TO:Fairfield Housing Authority Chair and CommissionersFROM:David Gassaway, Executive DirectorSUBJECT:Resolution HA202401 of the Fairfield Housing Authority Approving the Transfer ofPortions of Land Located on Highway 12 More Commonly Known as Assessor ParcelNumbers 0032010240 and a Portion of Beck Avenue from the City of Fairfield to theState of California and Authorizing the Executive Director to Execute a Quitclaim DeedRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Housing Authority (FHA) is the owner of the 26.34acre parcel located off Highway 12,more commonly known as Assessor Parcel Number (APN) 0032010240 (the Property). FHA wishesto grant the State of California (State) a 7,042squarefoot section of the Property (ROW Area) toincorporate it into the existing Stateowned Highway 12.DISCUSSIONWhen reviewing the City of Fairfield (City) and FHAowned properties, it was found that portions ofHighway 12 were still owned by the City. City staff reached out to the State to confirm their desire toaccept these portions of Highway 12. The State informed the City that a portion of the FHA Property isalso part of Highway 12 right of way and should be granted to the State as well. The ROW Area isapproximately 7,042 square feet and has been confirmed to be part of Highway 12 right of way. The FHA has reviewed the State proposed ROW Area and wishes to grant the ROW Area to the Stateto assemble with the Stateowned Highway 12.FINANCIAL IMPACTThere will be no financial impact to the FHA to enter or record the proposed Quitclaim Deed.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION N/A
ALTERNATIVE ACTION
FHA may choose not to approve the Quitclaim Deed, but this would mean the FHA would own a portion of the State right of way along Highway 12.

STAFF CONTACT
LaTanna Jones, Director of Housing Services
(707) 4287647
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department ATTACHMENTS:

Description
Proposed Resolution
Proposed Quitclaim
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 12/26/2023 9:13 AM
Packet Page 30 of 204

FAIRFIELD HOUSING AUTHORITY

RESOLUTION NO. HA2024-01

RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY APPROVING THE TRANSFER OF PORTIONS OF LAND LOCATED ON HIGHWAY 12 MORE COMMONLY KNOWN AS ASSESSOR PARCEL NUMBERS 0032-010-240 AND A PORTION OF BECK AVENUE FROM THE

CITY OF FAIRFIELD TO THE STATE OF CALIFORNIA AND AUTHORIZING THE EXECUTIVE

DIRECTOR TO EXECUTE A QUITCLAIM DEED

WHEREAS, the City owns fee title interest in properties located along Highway 12 and identified as Solano County Assessor’s Parcel Numbers (APN) 0032-010-170, 190, 140, 230 and a portion of Beck Avenue (collectively the Properties); and

WHEREAS, the City has determined that the Properties are part of Highway 12 and should be owned by the State of California (State) to own and maintain all portions of Highway 12; and

WHEREAS, the City wishes to convey the Properties to the State, and the State wishes to accept the Properties.

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

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

Section 2. The Housing Authority hereby approves the quitclaim deed, in the form attached hereto as Exhibit A, and authorizes the city manager to execute the qu itclaim deed and cause it to be recorded.

PASSED AND ADOPTED this 16th day of January 2024, by the following vote:

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

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

CHAIR

ATTEST:

____________________________

SECRETARY
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Agenda Item No: 5.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from December 2023
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

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

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

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
Packet Page 37 of 204

Agenda Item No: 5.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from December 2023RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Closed Session Minutes and City Council Minutes for December 2023 have beenapproved by the city attorney and need council approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Closed Session Minutes 12052023
City Council Minutes 12052023
Closed Session Minutes 12192023
City Council Minutes 12192023
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 1/3/2024 1:15 PM
Packet Page 38 of 204

CITY OF FAIRFIELD

CLOSED SESSION MEETING

CONCURRENT MEETING OF CITY COUNCIL AND

HOUSING AUTHORITY
TUESDAY, DECEMBER 5, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the joint meeting of the City Council and Housing Authority to order at 5:00 p.m. City Attorney David Lim called rollcall.

Councilmembers Doriss Panduro, Scott Tonnesen, Rick Vaccaro, Vice Mayor Pam Bertani, and Mayor Cat Moy were present in person. Councilmembers Doug Carr and K. Patrice Williams were absent.

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

The Housing Authority went into a closed session on Item #1 - Conference with real property negotiators - Intersection of Highway 12 and Pennsylvania Ave. with City Manager David Gassaway, City Attorney David Lim, LaTanna Jones, and La Tanya Terrones.

The Housing Authority came out of a closed session and adjourned the meeting of the Housing Authority.

The City Council went into closed session on Item #2 - Conference with legal counsel - existing litigation - David Thacker v. City of Fairfield, County of Solano, and does 1 -10 (Solano County Superior Court Case Number CU23-03108) with City Manager David Gassaway and City Attorney David Lim.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:41 p.m.

______________________________
City Attorney
________________________________
Mayor

Packet Page 39 of 204Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, DECEMBER 5, 2023; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

ROLL CALL

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

INVOCATION

Chaplain Greg Angan of the Fairfield Police Department gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Tonnesen led the Pledge of Allegiance.

COUNCIL REPORTS

Vice Mayor Bertani reported that a second town hall meeting would occur on December 9 at Rolling Hills Elementary School from 9-11 a.m. regarding the peafowl issue in the neighborhood.

Councilmember Panduro reported she joined the Santa and crew event on December 2, where the Police Department visited various neighborhoods in Fairfield and served hot chocolate, and the kids had a photo taken with Santa. She stated that this event is happening the next two weekends. She thanked Lt. Kresha for playing the role of Santa. Next, she invited the community to attend a meeting to share ideas and opinions about the future of Fairfield's parks and recreational programming on December 6, 6-8 p.m., at the Community Center.

Councilmember Vaccaro said he hoped everyone had a wonderful Thanksgiving holiday. He thanked all of those involved with the tree lighting event on December 1, as he thoroughly enjoyed it.

Councilmember Tonnesen reported that he attended Small Business Saturday on November 26 and said 43 businesses participated. He was pleased with the turnout. He commented that he and Councilmember Carr attended the Holiday Craft Fair at the Adult Recreation Center on December 2.

Lastly, he reported that Santa would be in the Crowley Lane / Phoenix Drive area on Friday evening, December 8.

Mayor Moy reported that she would attend a meeting hosted by Flannery & Associates (California Forever) at Willow Hall on December 7 at 6 p.m. She shared that this is the group of billionaires that want to build a new city between Fairfield and Rio Vista and that they would answer residents’ questions at the meeting. She invited the community to attend the third annual Menorah Lighting event on December 11 at 5:30 on the Solano County Lawn. Lastly, she welcomed the Sister City exchange students from Nirasaki, Japan and their chaperones. Packet Page 40 of 204Attachment 2 Page 1 of 6

CITY MANAGER REPORT

City Manager David Gassaway had nothing to report.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees had nothing to report.

PRESENTATIONS

1. Veterans Day Parade Awards presented by Director of Parks & Recreation Kristina Kaunzinger, Special Events Coordinator Juan Segura, and Program Specialist Andrea Azzurdia.

2. Recognition of Sister City Exchange Students by Assistant to the City Manager Anna Guiles. Six students, along with two chaperones, were visiting from Nirasaki, Japan for two weeks.

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

PUBLIC COMMENTS

Annilynn Martinez and Alex Lunine spoke about the poor air quality in Fairfield and invited the Council and community to attend a Community Action Plan meeting on January 28, 2024, 12-3 p.m. at the Adult Recreation Center.

CONSENT CALENDAR

4. Approval of Meeting Minutes from October 2023

5. Resolution 2023-281 of the City Council of the City of Fairfield Adopting a Contract Between the City of Fairfield and the County of Solano to Administer the American Rescue Plan Act Funds for the Beck Avenue Navigation Center

6. Resolution 2023-282 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the City of Fairfield and the Fairfield-Suisun Sewer District for the 2023-2035 City of Fairfield Household Hazardous Waste Collection Program

7. Resolution 2023-283 of the City Council of the City of Fairfield Authorizing Execution of a Contractor Services Agreement Between the City of Fairfield and Merrimac Petroleum, Inc. DBA Merrimac Energy Group for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield Corporation Yard

8. Resolution 2023-284 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield General Management Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

9. Resolution 2023-285 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

Packet Page 41 of 204Attachment 2 Page 2 of 6

10. Resolution 2023-286 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Professional Firefighters' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

11. Resolution 2023-287 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Fire Managers' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

12. Resolution 2023-288 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Part-Time Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

13. Resolution 2023-289 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Police Management Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

14. Resolution 2023-290 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Police Officers' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share

15. Resolution 2023-291 of the City Council of the City of Fairfield Amending the City’s CalPERS Contract Pursuant to Government Code 20516 to Reflect the Current Employee Cost Share for the Unrepresented Employees

George Guynn asked for Item 16 to be pulled from the consent calendar.

16. Second Reading and Adoption of Ordinance 2023-13 of the City Council of the City of Fairfield Establishing Campaign Contribution Limits for the City of Fairfield Elected Offices

Mr. Guynn spoke in opposition to Item #16. Councilmember Tonnesen made a motion to approve Item

16. Vice Mayor Bertani seconded the motion. The motion carried unanimously (5-0).

Councilmember Tonnesen made a motion to approve the consent calendar, excluding Item 16.

Councilmember Vaccaro seconded the motion. The motion carried unanimously (5-0).

NEW BUSINESS

17. Deputy Fire Chief Robb Herrick recommended to Council that it approve Resolution 2023-292 of the City Council of the City of Fairfield Authorizing the City Manager to Sign the Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA).

City Manager David Gassaway reported that he received an email from Solano County Administrator Bill Emlen regarding concerns the county has about Item 17. The City of Fairfield has spoken to the County several times over the past year about this item. Mr. Emlen said the County is preparing a letter to the City that will address their concerns and provide more information.

City Attorney David Lim read an email from Solano County Attorney Bernadette Curry (Attachment A).

Councilmember Vaccaro made a motion to approve Resolution 2023-292. Councilmember Tonnesen seconded the motion. The motion carried unanimously (5-0).

18. Director of Human Resources Farbod Pirouzmand recommended the Council it approve the first reading and introduction of Ordinance 2023-14 of the City Council of the City of Fairfield Authorizing an Packet Page 42 of 204Attachment 2 Page 3 of 6

Amendment to the Contract Between the City of Fairfield and the Board of Administration of the California Public Employees’ Retirement System.

Councilmember Tonnesen made a motion to waive the full reading, read by title only, and introduce Ordinance 2023-14. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7-0).

ADJOURNED MEETING AT 7:14 P.M. IN MEMORY OF MAYOR MOY’S UNCLE TONY LOCKWOOD, WHO PASSED AWAY RECENTLY TO TUESDAY, DECEMBER 19, 2023, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

_________________________________
City Clerk

__________________________
Mayor

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1 Beavers, Esther
From:David G. Lim
Sent:Thursday, December 21, 2023 11:43 PM
To:Beavers, Esther; Rees, Karen
Subject:FW: Ambulance JEPA - ** Add to 12/5/23 City Council Minutes as Attachment A ** Esther and Karen,
Here is the email I read at the 12/5/23 City Council meeting.  Please attach to the minutes as “Attachment A”.  Thanks! David G. Lim
Shareholder
RICHARDS WATSON GERSHON
One Sansome Street, Suite 2850
San Francisco, California  94104
D: 415.782.0393
T:  415.421.8484
E:  [email protected]
W:  rwglaw.com
From: Curry, Bernadette S.

Sent: Tuesday, December 5, 2023 2:52 PM
To: David G. Lim
Subject: Ambulance JEPA
David‐
Bill Emlen asked that I reach out to you and give you a heads up in advance of your agenda item #17. Our read of AB 389 does not allow for a direct award to a fire agency even though I believe AP Triton’s attorney has opined otherwise. I know that the fire departments have publicly stated that a direct award will save the departments money but legally, I don’t believe that the local EMSA has that ability under H&S Code 1797.224.

Hope that makes sense!
Bern
Bernadette S. Curry
Solano County Counsel
675 Texas St., Ste. 6600
Fairfield, CA 94533
CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Attachment A
Packet Page 44 of 204Attachment 2 Page 5 of 6

2 (707) 784-6151 (direct dial)
(707) 784-6140 (main line)

CONFIDENTIALITY NOTICE: This email message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient of the message, please contact the sender immediately and delete this message and any attachments. Thank you.

Click here to report this email as spam.

NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

Packet Page 45 of 204Attachment 2 Page 6 of 6

CITY OF FAIRFIELD

CLOSED SESSION MEETING
TUESDAY, DECEMBER 19, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Cat Moy called the meeting to order at 5:02 p.m. City Attorney David Lim called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K.

Patrice Williams, Vice Mayor Pam Bertani, and Mayor Cat Moy.

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

The council went into a closed session on Item #1 - Public Employee Performance Evaluation: City Manager (Continued) with City Manager David Gassaway and City Attorney David Lim.

The council came out of a closed session.

Mayor Moy adjourned the meeting at 5:54 p.m.

______________________________
City Attorney
________________________________
Mayor

Packet Page 46 of 204Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, DECEMBER 19, 2023; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 6:04 p.m.

ROLL CALL

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

INVOCATION

Pastor Jeff Hood of First Baptist Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Carr led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams shared that it was her one-year anniversary as a councilmember. She thanked the city manager, city attorney, and staff for always being available to answer her questions. She also thanked staff for the facility tours. She has enjoyed getting to know everyone better and learning what each department does to keep the city running smoothly.

Councilmember Tonnesen commented that it was a super busy month. He stated that he and Councilmember Panduro were elected to the City Council during the COVID-19 pandemic, so there were not many events to attend. He’s very much enjoying the events this year, including the Operation Santa Sleigh that the Police Department coordinates. Next, he said he enjoyed meeting the foreign exchange students from our Sister City, Nirasaki. He thanked Anna Guiles for coordinating their visit. Lastly, he thanked all of the churches that were involved in the various toy/coat drives during the holidays.

Councilmember Vaccaro attended the coat and toy drive at Bethel Community Church . He thanked City Manager Gassaway for attending and helping with his family. He thanked Police and Fire staff for truly caring about the kids in our community and made certain everyone had a nice holiday season.

Vice Mayor Bertani shared that she thanked God for everyone. She wished everyone a Happy Hannakah, Merry Christmas, and Happy New Year! She commented that our public safety staff make Fairfield a safer and more productive place to live. She thanked everyone who attended the peafowl workshop meeting on December 9 in the Rolling Hills Neighborhood.

Councilmember Carr said that this is his 58th Christmas in Fairfield. He shared that he attended the employee pancake breakfast, peafowl meeting, Santa Splash at the Allan Witt Aquatic Center, Menorah Lighting, and two toy/coat drives at Bethel Church and Logic Ministries. He wished everyone a Merry Packet Page 47 of 204Attachment 4 Page 1 of 3

Christmas!

Mayor Moy shared that this was her one-year anniversary as mayor and the one-year anniversary of the late Mayor Harry T. Price. She said it was unfortunate that she didn’t really get to spend any time with him regarding the transfer of power since he died unexpectedly on December 16, 2022. Next, she reported that she would speak at the State of the City address at the Hilton Garden Inn on February 15, 2024. In conclusion, she distributed homemade cookies to her fellow councilmembers wishing them a Merry Christmas!

CITY MANAGER REPORT

City Manager David Gassaway reported that he would also speak at the State of the City breakfast on February 15, 2024, along with distinguished speaker and lead economist Jerry Nicklesburg of UCLA.

Tickets can be purchased online at Fairfield.ca.gov/tickets. Next, he shared that he and his family hosted a foreign exchange student from our Sister City of Nirasaki, Japan, and that it was a rewarding experience. He thanked Anna Guiles for organizing their visit which involved a lot of coordination. He said if any high school students are interested in visiting Nirasaki in July 2024, please email [email protected] for information. Lastly, he asked Parks & Recreation Director Kristina Kaunzinger to report on the golf courses’ schedule during the holidays with the transition of the new operator, Touch Stone Golf Management, set to begin on January 1, 2024. Ms. Kaunzinger provided a report.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees reported that PAL needs plastic or paper bags of any size for their student food pantry and that they can be dropped off at Solano Town Center.

PRESENTATIONS

1. Cordelia Fire District Presentation Presented by Fire Chief John Sturdee

PUBLIC COMMENTS

There were no public comments.

CONSENT CALENDAR

2. Approval of Meeting Minutes from November 2023

3. Resolution 2023-293 of the City Council of the City of Fairfield to Approve a Revised Disadvantaged Business Enterprise Program

4. Resolution 2023-294 of the City Council of the City of Fairfield Approving a Funding Agreement Between the City of Fairfield and the Solano Transportation Authority for the Purchase of Solar- Powered Electric Vehicle Chargers, Suspending Competitive Bidding, Authorizing a Contract with BEAM for the Purchase of Two EV ARC 2020 Chargers, and Authorizing an Update to the Fiscal Year 2023-2024 Budget

5. Resolution 2023-295 of the City Council of the City of Fairfield Ordering the Summary Vacation of a Portion of Cement Hill Road Between Portland Drive and Passion Lane and Authorizing Reservation Packet Page 48 of 204Attachment 4 Page 2 of 3

of a Public Service Easement

6. Resolution 2023-296 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Canon Station Area 4 Neighborhood - 5 Subdivision as Complete

7. Receive and File Agenda Report of Findings Regarding Audit of June 7, 2023, Landscaping and Lighting Maintenance Districts Assessment Ballot Tabulation

8. Resolution 2023-297 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Griffin Structures, Inc. for Professional Services for Fire Stations 36 and 39

9. Resolution 2023-298 of the City Council of the City of Fairfield Authorizing the Filing of a Claim with the Metropolitan Transportation Commission for Allocation of Transportation De velopment Act and State Transit Assistance Fund for Fiscal Year 2023-2024

10. Resolution 2023-299 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with TerraCare Associates for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 2023-1 (Gateway)

11. Resolution 2023-300 of the City Council of the City of Fairfield Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Midway Meadows Subdivision

12. Resolution 2023-301 of the City Council of the City of Fairfield Approving Purchase of Existing Restaurant and Kitchen Equipment and Supplies at Both Golf Courses from Sports Restaurant, Inc.

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

PUBLIC HEARING

13. Associate Planner Jessie Hernandez introduced Allison Moore and Rajeev Bhatia of Dyett & Bhatia Urban & Regional Planners, the lead consulting team assisting the City of Fairfield with the General Plan update. They gave an overview of the Draft Preferred Land Use Plan and Guiding Policies.

Mayor Moy opened the public hearing.

Cornelius Wood, Bob Karn, Robin Cox, Joe Green -Heffern, Duane Kromm, and James Bezek spoke on Item 13.

Mayor Moy closed the public hearing. City Council discussed the item but took no formal action.

The public are invited to an in-person workshop on Saturday, January 20, 2024 (location TBD) and an online Zoom meeting on Tuesday, January 23, 2024 , to help finalize changes to the General Plan.

ADJOURNED AT 7:35 P.M. TO TUESDAY, JANUARY 16, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

___________________________
MAYOR
________________________

CITY CLERK
Packet Page 49 of 204Attachment 4 Page 3 of 3

Agenda Item No: 6.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202402 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Amendment to the Joint Use Agreement with the Solano Community College
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City Council is asked to approve the amendment to extend the current joint use agreement between the City of Fairfield (City) and the Solano Community College (College).

DISCUSSION
The council is being asked to approve the amendment to extend the existing joint use agreement to enable the City and College to continue to operate a television studio located at the College, and the City’s three television channels: CH26 – Government TV, CH27 – Community Public Access, and CH28 – Local Educational TV.

The following provides a brief outline of the key terms of the amendment:

Term: Five (5) year extension of the joint use agreement.

City to occupy the space at no charge.

City to purchase and install equipment in order maintain a studio to meet current industry standards. All equipment shall be owned by the City.

The City continues to allow the College to utilize the facility and Channel 28 for educational programming.

Subsequent to the council’s approval, the City continues to work with the College to maintain and operate the television studio.

Agenda Item No: 6.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202402 of the City Council of the City of Fairfield Authorizing the CityManager to Execute an Amendment to the Joint Use Agreement with the SolanoCommunity CollegeRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City Council is asked to approve the amendment to extend the current joint use agreementbetween the City of Fairfield (City) and the Solano Community College (College).DISCUSSIONThe council is being asked to approve the amendment to extend the existing joint use agreement toenable the City and College to continue to operate a television studio located at the College, and theCity’s three television channels: CH26 – Government TV, CH27 – Community Public Access, and CH28– Local Educational TV.The following provides a brief outline of the key terms of the amendment:Term: Five (5) year extension of the joint use agreement.City to occupy the space at no charge.City to purchase and install equipment in order maintain a studio to meet current industrystandards. All equipment shall be owned by the City.The City continues to allow the College to utilize the facility and Channel 28 for educationalprogramming.Subsequent to the council’s approval, the City continues to work with the College to maintain andoperate the television studio.

This joint venture continues to enhance the College’s curriculum to include a “real world” environment, and to create a rich pool of student interns to develop content for Channels 26, 27, and 28 for the City and College. The channels are viewed on Comcast/Xfinity, AT&T Uverse, Apple TV, Roku Live, and on demand. Through the initial agreement, the City has played a vital role in the College’s development of an official Career Technical Education (CTE) program for Sports Broadcasting. The only one of its kind in the nation for a junior college. To date, there have been over 800 hundred programs produced.

FINANCIAL IMPACT
Necessary equipment purchases in order to maintain current industry standards will be an amount not to exceed $250,000 from the Public, Educational and Governmental (PEG) Usage Fees provided to the City through the franchise agreement with Comcast Cable Communications Management, and ATT U verse (PEG Account code: 15510399).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Solano Community Collage Board plans to approve this amendment on their January 17, 2024 Board meeting.

ALTERNATIVE ACTION
The council may choose not to extend the joint agreement with Solano College or amend the terms.

STAFF CONTACT
Bill Way, Communications Manager
(707) 4287611
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 12/28/2023 9:43 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-02

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

MANAGER TO EXECUTE AN AMENDMENT TO THE JOINT USE AGREEMENT WITH SOLANO

COMMUNITY COLLEGE

WHEREAS, City Council recognizes the value of locally-programmed television channels; and

WHEREAS, the council supports the facilities necessary to produce their content; and

WHEREAS, the council extends the joint use agreement with Solano Community College.

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

Section 1. The council hereby appropriates annual Public, Educational and Governmental (PEG) funds for the City to purchase the necessary equipment, infrastructure, and tenant improvements to maintain City cable channel operations and studio facilities at Solano Community College.

Section 2. The council hereby approves the attached Joint Use Agreement between the City of Fairfield and Solano Community College.

Section 3. The city manager is hereby authorized and directed to execute an amendment between the City of Fairfield and the Solano Community College for the joint use agreement on behalf of the City of Fairfield.

PASSED AND ADOPTED this 16th day of January 2024, 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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RESTATEMENT OF JOINT USE AGREEMENT BETWEEN

THE CITY OF FAIRFIELD AND SOLANO COMMUNITY COLLEGE
This Restatement of the Joint Use Agreement (the “Restatement Agreement”) is made and entered into as of ________________ 2024, by and between the City of Fairfield (the “City”), a municipal corporation, and Solano Community College (the “College”), a Cali fornia community college district. As used herein City and College may each be referred to individually as a “Party” and collectively as “Parties.”
Recitals
A. WHEREAS, the College owns a building located at 4000 Suisun Valley Rd, Fairfield, CA 94534 (the “Site”) at which location the College operates a video studio and related facilities in TV Room 121 (the “Studio”); and
B. WHEREAS, the City and the College are parties to a certain Joint Use Agreement between the City of Fairfield and Solano Community College ("Original Agreement"), dated November 21, 2013, which provides for the joint use of the Studio; and C. WHEREAS, the term of the Original Agreement expired on November 21, 2018 with an option for the City to renew for an additional 5 years. The City and College extended the Original Agreement for an additional five years in December of 2018 (“Renewal Agreement”) to continue to jointly use the Studio and the related equipment (collectively, the “Studio Facilities”) to operate and maintain public, educational, and governmental television programming (PEG Access). The Renewal Agreement provided that the term of use of the Studio Facilities could be extended for an additional 5-year term; and
D. WHEREAS, on January 17, 2019, the Parties entered into the First Amendment to the Renewal Agreement to update the terms of the Original Agreement; and E. WHEREAS, the City and the College desire to continue joint use of the Studio and Studio Facilities to operate and maintain PEG Access and wish to supplant the Original Agreement with this Restatement Agreement; and
F. WHEREAS, the College is authorized pursuant to Article 6 of Chapter 2 of Part 49 of Division 5 of Title 5 of the California Education Code (commencing with Section 81420), to enter into an agreement with a city for the joint occupancy and use of a building following a determination that such joint occupancy and use of the building will not interfere with the educational program or activities of any school or class conducted upon the real property or in any such building; and
G. WHEREAS, the College finds that the joint use of the Studio Facilities to operate and maintain PEG Access will support the College’s educational programs and activities and will not interfere with the educational program or activities of the College or any class conducted at the Site; and
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H. WHEREAS, Education Code section 81430 authorizes a community college district to sell, exchange, grant or quitclaim all or any of its interest in, or may lease for a term not exceeding 99 years, to the federal government or its agencies, to the state, or to any county, city and county, city or special district, or to any other school district, any real property belonging to the school district which is not or will not at the time of delivery of title or possession be needed for school classroom buildings by the district owing it, without complying with the property disposition provisions of the Education Code and upon a unanimous vote of the district’s governing board.

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

Section 1. Term.

A. The term of this Restatement Agreement shall commence on the date of this Agreement and end on January 16, 2028, unless terminated earlier, as provided for in this Agreement.

B. Subject to approval by the College, the City shall have the option to renew the Agreement for an additional term of five years following expiration of the Term. To exercise this option to renew, the City must give the College written notice at least 30 days before the expiration of the Term.

Section 2. Joint Use.

A. Subject to the terms and conditions of this Agreement, the College hereby agrees to permit the City to use the Studio Facilities between the hours of 8:00 AM and 5:00 PM, depending upon the College's teaching schedule, Monday through Friday, and during such other times with arrangement between the City and the College. Notwithstanding the preceding sentence, the City shall have access at all times to the head-end in the Studio Facilities.

B. The College shall have use of the Studio Facilities at all times that the City is not using the Studio Facilities as provided in paragraph A of this section. The College intends to use the Studio Facilities to provide student instruction but agrees that the City equipment will not be used by faculty or staff for other than instructional and production purposes.

C. In consideration for the City’s use of the Studio Facilities, the City shall continue to maintain and/or replace outdated equipment identified in Exhibit A (the “City Equipment”).Title to the City Equipment in the Studio Facility shall be held solely by the City. All of the City’s Equipment shall remain the personal property of the City and shall not be treated as real property or become a part of the Studio Facilities. Any renovations or modifications to the Studio Facilities proposed by the City shall require the express written approval of the College.

D. The College shall not permit any person to use the City Equipment in the Studio Facilities unless the person has been properly trained to use such equipment. Enrollment in, or Packet Page 54 of 204Attachment 2 Page 2 of 8

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completion of, one of the following courses, or an equivalent course approved by the Vice- President of Academic Affairs or his/her designate, shall satisfy this condition:

FTV 055 Beginning Television Production
FTV 056 Advanced Television Production
COMM 075 Sports Broadcasting
COMM 075B Sports Broadcasting
FTV 015 Beginning Film Production
FTV 016 Advanced Film Production
E. The College retains the right to modify the Studio Facilities, excluding the City Equipment, the building that the Studio is contained within, and any other portion of the facility with written notification to the City. The College agrees not to begin construction until the City’s Equipment is either removed or protected from damage as a result of such modification.

Section 3. Maintenance and Operations.

A. The College shall be responsible for providing and bearing the cost of all utilities, including gas, electricity, water, sewer, telecommunications, internet connectivity, data communication, and janitorial and security services.

B. The College and the City shall keep the Studio Facilities in good operating condition. The City shall be responsible for regular maintenance, replacement, and repair of the City Equipment, up to and including all cabling and other infrastructure (up to the connection point) required to run the Equipment. The College shall be responsible for regular maintenance and repair of the Studio Facilities, excluding the City Equipment as defined herein.

C. All cables, microphones, camera equipment and other television programming equipment shall be safely stored by the users of the equipment.

D. The Party responsible for any damage or destruction to, or loss of, any portion of the Studio Facilities shall be obligated to repair or replace such portion of the damaged, destroyed, or lost Studio Facilities; provided, however, that with respect to the City Equipment, the City shall have sole discretion to determine the appropriate means of repair or replacement.

Notwithstanding any provision to the contrary, in the event that the College is responsible for any damage or destruction to, or loss of any portion of the Studio Facilities and fails to repair or replace such damaged, destroyed or lost Studio Facilities within six months of the occurrence of the damage, destruction or loss, the City shall have the right to terminate this Agreement upon 30 days written notice to the College and waives any and all rights to further compensation and damage claims..

Section 4. PEG Access. In further consideration for the City’s use of the Studio Facilities, the City shall allow the College to continue to use one PEG Access channel, Channel 28, for noncommercial educational programming.

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Section 5. Headend. The City shall be responsible for the regular purchase, replacement, maintenance, and repair of the headend.

Section 6. Independent Contractor Status. This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association.

Section 7. Indemnification.

A. To the fullest extent permitted by California law, the College shall indemnify, defend, and hold harmless the City, its directors, officers, agents, employees and volunteers from and against any and all claims, suits, actions, causes of action, losses , damages, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys’ fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, directly or indirectly arising or resulting from any alleged acts or omissions of the College, its directors, officers, employees, agents, subcontractors or volunteers in the performance of th is Agreement.

B. The College shall indemnify and hold harmless the City, its directors, officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorneys' fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or at equity which, directly or indirectly, result from the College's performance of this Agreement..

C. To the fullest extent permitted by California law, the City shall indemnify, defend, and hold harmless the College, its directors, officers, agents, employees and volunteers from and against any and all claims, suits, actions, causes of action, losses, damages, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys’ fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any pe rson or persons, directly or indirectly arising or resulting from any alleged acts or omissions of the City, its directors, officers, employees, agents, subcontractors or volunteers in the performance of this Agreement.

Section 8. Insurance. The College and the City shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section.

A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad f orm contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the Packet Page 56 of 204Attachment 2 Page 4 of 8

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aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 in the aggregate. Any deductible or self-insured retention exceeding $25,000 shall be declared to and approved by the other Party.

B. Equipment Insurance. Insurance on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to full replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user’s control, theft, fire or natural catastrophe and will be paid to the Party that replaces the equipment. The City shall maintain the insurance required by this paragraph for the City Equipment. The College shall maintain the insurance required by this paragraph for all equipment that comprises the Studio Facilities but excluding the City Equipment.

C. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The limit of Employer’s Liability coverage shall be $1,000,000.

D. Property Insurance. The College shall maintain insurance against loss or damage to any part of the Site against all perils included within the classification of f ire, extended coverage, vandalism, and malicious mischief. Said fire and extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, sprinkler damage, boiler explosion and such other hazards as are normally covered by such insurance. Such insurance shall be in an amount equal to 90 percent of the replacement cost of the Site and all improvements thereon. Such insurance may be maintained as part of or in conjunction with any other fire and extended coverage insurance carried or required to be carried by the College. The insurance policy required under this Paragraph D. may include a deductible in an amount not exceeding $50,000 expressed in 2013 dollars, to be adjusted annually for the rate of inflation, as measured by the Consumer Price Index for the State, as maintained by the Bureau of Labor Statistics, United States Department of Labor.

E. Each Party as Co-Insured or Additional Insured. Each Party shall be named as co- insured or additional insured on all aforementioned insurance policies of the insured Party. The policies shall provide that the insurance company or the insured Party may affect no cancellation, major change in coverage or expiration without first giving the other Party thirty (30) days written notice prior to the effective date of such cancellation or change in coverage.

F. Commencement of Coverage. On or before commencement of the use of the Studio, each Party shall obtain and file with the other Party pro of of insurance coverage as follows: (1) Comprehensive Liability and Workers’ Compensation; and (2) equipment insurance.

All required insurance coverage shall be maintained by the Parties at all times in accordance with the requirements of this Agreement. Insurance shall not be canceled or reduced without thirty (30) days’ written notice to the other Party.

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Section 9. Termination.

A. The College or the City may terminate this Agreement immediately for cause upon [60] days written notice for material breach of any p rovision of this Agreement, including, but not limited to, interference with the educational program or activities of the College or failure to comply with all applicable laws, ordinances, rules, and regulations. The breaching Party shall have [30] days from receipt of the notice to correct such breach; provided, however, that if the nature of the breach is such that more than [30] days are reasonably required for its cure, then the breaching party shall have sufficient time to cure the breach if it has co mmenced, and is diligently prosecuting, such cure.

B. The College or the City may terminate this Agreement at any time, for any reason, by providing written notice at least 120 days in advance of the effective date of the termination.

C. Upon termination of this Agreement, the City shall have ninety (90) days to remove City Equipment from the Studio Facilities at its sole expense. The City shall repair any damage to the Studio, caused by said removal and restore the Studio to good condition, less ordinary wear and tear. In the event that the City fails to timely remove the City Equipment, the College, upon fifteen (15) days written notice, may either (1) accept ownership of the City Equipment with no cost to the College, or (2) remove the City Equipment at t he City’s sole cost.

In the event that the College chooses to accept ownership of the City Equipment, the City shall execute any necessary documents to effectuate the change in ownership of the City Equipment to the College. In the event that the College removes the City Equipment, the City shall pay all invoices for the removal of the City Equipment within thirty (30) days of receipt of such invoices.

D. Section 11 of this Agreement shall not apply to the exercise of the parties’ rights to terminate this Agreement under this Section.

Section 10. Notices. All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt request and addressed to the appropriate Party as follows:

To the City:

City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Attention: City Manager
To the College:

Solano Community College
David Williams, Ph.D., Vice President
of Academic Affairs
4000 Suisun Valley Road
Fairfield, CA 94534

Notice shall be deemed received on the date personally delivered or, if mailed, three days after deposit in the mail. Notice provided by overnight delivery shall be deemed Packet Page 58 of 204Attachment 2 Page 6 of 8

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received on the next business day after delivery by the overnight delivery service. A Party may change its address by written notice to the other Party at any time.

Section 11. Dispute Resolution. It is the intent of the parties to provide an efficient, effective, and inexpensive method to resolve any disputes concerning the interpretation or performance of this Agreement (“Disputes”) when Disputes cannot be informally resolved. Within three (3) days after written notice to the other Party of a dispute (the “Notice of Dispute”), each Party shall designate one or more persons to meet with the designated representatives of the other party to consult and negotiate with each other in good faith a just and equitable solution satisfactory to both parties. If within fifteen (15) business days after delivery of the Notice of D ispute, the dispute cannot be settled through negotiation, the parties shall attempt in good faith to settle the dispute by mediation. The mediation shall be conducted in the manner mutually agreed upon by the parties and if no such agreement is reached within thirty (30) days after the Notice of Dispute, the mediation shall be administered by the American Arbitration Association under its Mediation Rules in effect on the date of the Notice of Dispute. If, within ninety (90) days after the Notice of Dispute the parties do not reach a mutually satisfactory resolution of the Dispute, the parties may pursue whatever legal remedies are available to them under the law.

Section 12. Subcontract and Assignment. Neither the City nor the College shall assign its rights, duties, or privileges under this Agreement, nor shall the City or College subcontract or attempt to confer any of its rights, duties, or privileges under this Agreement on any third Party without the written consent of the other Party. Any such attempt without the other Party's written consent shall be void.

Section 13. Time. Time is of the essence in this Agreement and for the performance of this Agreement.

Section 14. Applicable Law. This agreement shall be interpreted and enforced under the laws of the State of California.

Section 15. Attorneys’ Fees. If any legal action is commenced between the parties to this Agreement, each Party shall bear its own costs of suit, including attorney’s fees.

Section 16. Severability. If any term, provision, covenant, or condition of this Agreement shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Section 17. Waiver. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

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Section 18. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.

Section 19. Captions. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of t he interpretation hereof, or of the intention of the Parties hereto.

Section 20. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid.

Section 21. Incorporation of Recitals and Exhibits. The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.

Section 22. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.

CITY OF FAIRFIELD SOLANO COMMUNITY COLLEGE

DAVID GASSAWAY

CITY MANAGER
DR. CELIA ESPOSITO-NOY

SUPERINTENDENT-PRESIDENT

_________________________________
DATE

__________________________________
DATE

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Agenda Item No: 7.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202403 of the City Council of the City of Fairfield Approving the Transfer of Portions of Land Located on Highway 12, More Commonly Known as Assessor Parcel Numbers 0032010170, 190, 140, 230, and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the City Manager to Execute a Quitclaim Deed
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City wishes to grant to the State of California (State) portions of land currently owned by the City located on Highway 12, more commonly known as Assessor Parcel Numbers 0032010170, 190, 140, 230, and a portion of Beck Avenue (collectively the Properties). The proposed resolution authorizes the city manager to execute the quitclaim deed.

DISCUSSION
The City owns Properties that lie within and through Highway 12, a State of Californiaowned and operated highway. After discussions with the State, it has been determined that the Properties should have previously been granted to the State. To rectify the error, the City now wishes to transfer the Properties to the State so they can continue maintaining and operating the Properties as a part of the overall Highway 12.

Adoption of the attached resolution will enable the city manager to execute the quitclaim deed to accomplish this transfer of Properties. Staff supports approval of this resolution.

FINANCIAL IMPACT
There is no financial impact to the City for the transfer of the Properties to the State.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
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Agenda Item No: 7.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202403 of the City Council of the City of Fairfield Approving the Transfer ofPortions of Land Located on Highway 12, More Commonly Known as Assessor ParcelNumbers 0032010170, 190, 140, 230, and a Portion of Beck Avenue from the City ofFairfield to the State of California and Authorizing the City Manager to Execute aQuitclaim DeedRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City wishes to grant to the State of California (State) portions of land currently owned by the Citylocated on Highway 12, more commonly known as Assessor Parcel Numbers 0032010170, 190, 140,230, and a portion of Beck Avenue (collectively the Properties). The proposed resolution authorizes thecity manager to execute the quitclaim deed.DISCUSSIONThe City owns Properties that lie within and through Highway 12, a State of Californiaowned andoperated highway. After discussions with the State, it has been determined that the Properties shouldhave previously been granted to the State. To rectify the error, the City now wishes to transfer theProperties to the State so they can continue maintaining and operating the Properties as a part of theoverall Highway 12.Adoption of the attached resolution will enable the city manager to execute the quitclaim deed toaccomplish this transfer of Properties. Staff supports approval of this resolution.FINANCIAL IMPACTThere is no financial impact to the City for the transfer of the Properties to the State.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt and has any questions, approval can be postponed until the questions are addressed.

STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 4287727
[email protected]
COORDINATED WITH
City Attorney's Office, Housing Services Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Quitclaim Deed
REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 12/21/2023 1:30 PM
Beavers, Esther Approved 12/26/2023 11:46 AM
Beavers, Esther Approved 12/26/2023 11:47 AM
Beavers, Esther Approved 12/26/2023 11:48 AM
Beavers, Esther Approved 12/26/2023 11:50 AM
Beavers, Esther Approved 12/26/2023 11:55 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-03

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE TRANSFER OF PORTIONS OF LAND LOCATED ON HIGHWAY 12 MORE COMMONLY KNOWN AS ASSESSOR PARCEL NUMBERS 0032-010-170, 190, 140, 230, AND A PORTION OF BECK AVENUE FROM THE

CITY OF FAIRFIELD TO THE STATE OF CALIFORNIA AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A QUITCLAIM DEED

WHEREAS, the City has determined that the Properties are part of Highway 12 and should be owned by the State of California (State) to own and maintain all portions of Highway 12; and

WHEREAS, the City wishes to convey the Properties to the State and the State wishes to accept the Properties.

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

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

Section2. The council hereby approves the quitclaim deed, in the form attached hereto as Exhibit A, and authorizes the city manager to execute the quitclaim deed and cause it to be recorded.

PASSED AND ADOPTED this 16th day of January 2024, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
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Agenda Item No: 8.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202404 of the City Council of the City of Fairfield Declaring its Intention to Annex Territory (Midway Meadows) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 66 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 Midway Meadows, 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 Discovery Homes Holdings, LLC (Developer) and is located east of Hamilton Drive and south of Auto Mall Parkway within the boundaries of assessor’s parcel numbers (APNs) 0028 172480 and 0028 172 490, as depicted on Exhibit A. The development on the property will be 14 duet style homes. Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

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

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Agenda Item No: 8.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202404 of the City Council of the City of Fairfield Declaring its Intention toAnnex Territory (Midway Meadows) to Community Facilities District No. 20122 andAuthorizing the Levy of Special Taxes Therein for Annexation No. 66RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as Midway Meadows, to Community Facilities District 20122 (CFD 20122 or District). CFD20122 was established as an annexable district to provide funding to offset the increased cost forpublic safety services, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield 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 Discovery Homes Holdings, LLC (Developer) and islocated east of Hamilton Drive and south of Auto Mall Parkway within the boundaries of assessor’sparcel numbers (APNs) 0028 172480 and 0028 172 490, as depicted on Exhibit A. The development onthe property will be 14 duet style homes. Development of this property will change the property’scharacteristics and manner in which the property will be used, thereby creating a need for moreservices funded by CFD 20122.The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995, on an individual consultant services basis for each development requiring annexation into a MelloRoos community facilities district.

Adoption of the Resolution of Intention is the first step to annex this property to CFD 20122. This will be the 66th annexation to the district. The resolution also establishes February 20, 2024, 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 $9,907.94, 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 1/2/2024 5:30 PM
Kaushal, Paul Approved 1/2/2024 8:43 PM
Beavers, Esther Approved 1/4/2024 6:50 PM
Beavers, Esther Approved 1/4/2024 6:51 PM
Packet Page 72 of 204

CITY OF FAIRFIELD

RESOLUTION NO. 2024-04

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (MIDWAY MEADOWS) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 66

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 65 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, 85, and 92 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. 66 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. 66 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.

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RES. NO. 2024-04

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

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

Section 6. Notice is given that on February 20, 2024, 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.

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RES. NO. 2024-04

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PASSED AND ADOPTED this 16th day of January 2024, 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 75 of 204Attachment 1 Page 3 of 3

Midway RdHamilton DrANNEXATION MAP NO. 66 (MIDWAY MEADOWS)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. 66 (MIDWAY MEADOWS) OFCOMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETYSERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE),CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRFIELDAT A REGULAR MEETING, THEREOF, HELD ON THE ____________ DAYOF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___,AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF 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 66112Rockville RdAuto Mall PkwyW Texas StBeck AveInterstate 80MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0028-172-4802 0028-172-490Cadenasso DrPacket Page 76 of 204Attachment 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 78 of 204Attachment 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 79 of 204Attachment 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).

Packet Page 87 of 204Attachment 4 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202405 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement (Transit and Intercity Rail Capital Program) Between the City of Fairfield and Solano Transportation Authority for the Travis Safe Route to Schools and Transit Trail Project
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the resolution allows the City to access $2 million in Transit and Intercity Rail Capital Program (TIRCP) funds for the Travis Safe Route to Schools and Transit Trail Project to promote public transit, biking, and walking at schools in the vicinity of North East Fairfield, FairfieldVacaville Hannigan Train Station (Train Station) and Travis Air Force Base.

DISCUSSION
The City plans to complete two major capital improvements at the Train Station in the next five years.

The first project proposes opening the Train Station south portal and constructing a Class I trail connecting the facility with three schools and Travis Air Force Base. This project provides alternative travel mode choices, namely walking and biking. The second project is the continued buildout of the parking infrastructure at the Train Station. The Public Works Department in partnership with the Solano Transportation Authority (STA) have actively pursed grant funding to implement these projects.

In 2018, the STA was awarded $2 million in TIRCP grant funding through the California State Transportation Agency (CalSTA) for the Train Station. While construction of the parking improvements was a priority, CalSTA staff indicated they would prefer that the TIRCP funding be utilized for access improvements and that the parking lot be constructed with outside funding. In exchange for $1.9 million in federal grant funding (Quick Strike Mobility) to construct the parking lot, the City agreed to work towards opening the Train Station south portal by year 2025.

Preliminary estimates total $6 million for all phases of the Train Station access improvements project, which is formally known as the Travis Safe Route to Schools and Transit Project (Project). This estimate includes environmental, design, rightofway acquisition, and construction. In May 2023, the Project Packet Page 88 of 204

Agenda Item No: 9.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202405 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Funding Agreement (Transit and Intercity Rail Capital Program)Between the City of Fairfield and Solano Transportation Authority for the Travis SafeRoute to Schools and Transit Trail ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the resolution allows the City to access $2 million in Transit and Intercity Rail CapitalProgram (TIRCP) funds for the Travis Safe Route to Schools and Transit Trail Project to promote publictransit, biking, and walking at schools in the vicinity of North East Fairfield, FairfieldVacaville HanniganTrain Station (Train Station) and Travis Air Force Base.DISCUSSIONThe City plans to complete two major capital improvements at the Train Station in the next five years.The first project proposes opening the Train Station south portal and constructing a Class I trailconnecting the facility with three schools and Travis Air Force Base. This project provides alternativetravel mode choices, namely walking and biking. The second project is the continued buildout of theparking infrastructure at the Train Station. The Public Works Department in partnership with the SolanoTransportation Authority (STA) have actively pursed grant funding to implement these projects. In 2018, the STA was awarded $2 million in TIRCP grant funding through the California StateTransportation Agency (CalSTA) for the Train Station. While construction of the parking improvementswas a priority, CalSTA staff indicated they would prefer that the TIRCP funding be utilized for accessimprovements and that the parking lot be constructed with outside funding. In exchange for $1.9 millionin federal grant funding (Quick Strike Mobility) to construct the parking lot, the City agreed to worktowards opening the Train Station south portal by year 2025. Preliminary estimates total $6 million for all phases of the Train Station access improvements project, which is formally known as the Travis Safe Route to Schools and Transit Project (Project). This estimate includes environmental, design, rightofway acquisition, and construction. In May 2023, the Project received $3,960,000 in One Bay Area Grant 3 (OBAG 3) funding per Resolution No. 2023103. The $2 million in TIRCP funds closes the funding gap for the Project and allows the City to implement the proposed improvements. A funding agreement between the City and STA is required to access the state grant funds.

FINANCIAL IMPACT
The proposed action will affirm the City’s intention to apply $2,000,000 in TIRCP grant funding from CalSTA to the project. $2,000,000 in TIRCP funds will be deposited into the Capital Improvement Program for Streets (Organization Code 25260199, Project 10548). TIRCP funding was accounted for in the fiscal year 20232024 budget adoption per Resolution No. 2023149.

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

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 4287784
[email protected]
COORDINATED WITH
City Attorney's Office, Solano Transportation Authority ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 1/2/2024 7:16 PM
Kaushal, Paul Approved 1/2/2024 8:43 PM
Beavers, Esther Approved 1/3/2024 1:21 PM
Beavers, Esther Approved 1/3/2024 1:21 PM
Packet Page 89 of 204

CITY OF FAIRFIELD

RESOLUTION NO. 2024-05

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

MANAGER TO EXECUTE A FUNDING AGREEMENT (TRANSIT AND INTERCITY RAIL CAPITAL

PROGRAM) BETWEEN THE CITY OF FAIRFIELD AND SOLANO TRANSPORTATION AUTHORITY

FOR THE TRAVIS SAFE ROUTE TO SCHOOLS AND TRANSIT TRAIL PROJECT

WHEREAS, the Transit and Intercity Rail Capital Program (TIRCP) was created by Senate Bill (SB) 862 to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion; and

WHEREAS, Solano Transportation Authority (STA) was awarded $2 million in TIRCP grant funding through the California State Transportation Agency (CalSTA); and

WHEREAS, funding through the TIRCP in the amount of $2 million has been made available to the City of Fairfield for the Travis Safe Route to Schools and Transit Trail Project ; and

WHEREAS, the City is required to enter into a funding agreement with the STA prior to the receipt of funds.

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

Section 1. The city manager is hereby authorized to execute the Funding Agreement Between the STA and City for the Travis Safe Route to Schools and Transit Trail Project , which is in a form approved by the city attorney.

Section 2. The public works director is hereby authorized to do all things necessary to implement the above-mentioned agreement.

Packet Page 90 of 204Attachment 1 Page 1 of 2

RES. NO. 2024-05

Page 2 ends

PASSED AND ADOPTED this 16th day of January 2024, 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 91 of 204Attachment 1 Page 2 of 2

CoFF Funding Agreement TIRCP Funding 1 of 7

FUNDING AGREEMENT

BETWEEN

THE SOLANO TRANSPORTATION AUTHORITY
AND

CITY OF FAIRFIELD
FOR

THE TRAVIS SAFE ROUTE TO SCHOOLS AND TRANSIT TRAIL PROJECT

This Agreement (“Agreement”) is entered into as of ________________________ between the SOLANO TRANSPORTATION AUTHORITY (“STA”), a joint powers authority organized under Government Code section 6500 et seq. consisting of the County of Solano and the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun, Vacaville, and Vallejo, and the CITY OF FAIRFIELD (“City”), a municipal corporation. Unless identified, the public agencies may be commonly referred to individually as “Party” or collectively as “Parties”.

RECITALS

WHEREAS, STA was created in 1990 through a Joint Powers Agreement between the County of Solano and the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun, Vacaville, and Vallejo to serve as the Congestion Management Agency (“CMA”) for Solano County; and

WHEREAS, STA, as the CMA for the Solano County area, partners with various transportation and planning agencies such as the Metropolitan Transportation Commission (“MTC”), California Transportation Agency (“CalSTA”), and Caltrans District 4; and

WHEREAS, STA, as the CMA for the Solano County area, partners with various transportation and planning agencies to set countywide transportation priorities and to coordinate the delivery of transportation projects in furtherance of the identified transportation priorities; and

WHEREAS, CalSTA established the Transit and Intercity Rail Capital Program (“TIRCP”) with the objective to reduce emission of greenhouse gas emissions, expand and improve transit services to increase ridership, integrate rail service to various rail operations, and improve transit safety in California; and

WHEREAS, CalSTA delegated the administration of the TIRCP Program to the California Department of Transportation (“Department”) pursuant to the TIRCP Program Guidelines and the Department’s policies and procedures for the administration of similar grant programs; and

WHEREAS, STA coordinated with the City to submit a TIRCP grant application to CalSTA; and

WHEREAS, the Access Improvements at the Travis Safe Route to Schools and Transit Trail Project (“Project”) was selected to receive $2 million of TIRCP grant funding; and

WHEREAS, the allocation plan of the TIRCP grant funding of the Project is $600,000 for Plans, Specification, and Estimate (“PS&E”), $500,000 for Right-of-Way (“R/W”), and $900,000 for Construction; and
Packet Page 92 of 204Attachment 2 Page 1 of 7

CoFF Funding Agreement TIRCP Funding 2 of 7

WHEREAS, STA and the City desire to enter into this Agreement to define the respective roles and responsibilities of the Parties to deliver the Project.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, the Parties agree:

Part I
Description of Project

The Project will provide a mixture of multi-use trail and pedestrian access improvements to the Fairfield-Vacaville Hannigan Train Station from the Travis Air Force Base and the following schools: Center Elementary School, Golden West Middle School, and Vanden High School.

Part II
Respective Roles and Responsibilities

A. STA’s Role and Responsibilities.

STA agrees to:

1. Assist with programming and submittal of Project for allocation with the California Transportation Commission.

2. Review project design and R/W acquisition, as well as monitor implementation of the Project.

3. Process invoices for payment for reimbursement to the City up to a maximum of $600,000 for PS&E, $500,000 for R/W, and $900,000 for construction. Payment to the CITY shall be made within thirty (30) days of receipt of TIRCP funds from the California Department of Transportation (“Department”).

4. Submit quarterly progress reports to the Department.

B. City’s Role and Responsibilities.

City agrees to:

1. Prepare and complete the PS&E of the Project.

2. Complete all R/W activities from reviewing and completing appraisals, as well as initiating negotiations with property owners and relocation of utility to providing relocation advisory assistance in compliance with the Department’s R/W procedures.

3. Obtain all necessary inspection approvals, permits, easements, certifications, and deeds.

4. Advertise the Project for construction.

5. Expedite any funding or coordinating issues to meet Project completion deadlines.

6. Expend all TIRCP funds allocated in compliance with CalSTA and Department guidelines.

7. Convene a Project Delivery Team meeting, which shall include all consultant team and staff from the City and STA, every two (2) weeks or as needed during the PS&E phase until the design is completed.

8. Submit PS&E, R/W, and construction invoices to STA quarterly.

9. Prepare and submit to STA quarterly reports detailing the progress of the Project.

Packet Page 93 of 204Attachment 2 Page 2 of 7

CoFF Funding Agreement TIRCP Funding 3 of 7

C. Mutual Responsibilities.

1. Parties shall abide by CalSTA and Department agreements during the term of this Project.

2. The Parties agree to communicate information in a timely format and provide direction as needed to adhere to the Project schedule. To the extent that any Party is not performing its duties under this Agreement in such a manner as to impact either the schedule and/or funding, the Parties agree to meet and confer to resolve any dispute.

Part III
Funding

STA shall reimburse the City up to $600,000 for PS&E, $500,000 for R/W, and $900,000 for construction of TIRCP funding for the Project for a total funding amount of $2 million. Any PS&E, R/W, and construction costs that exceed $600,000, $500,000, and $900,000, respectively, must be paid by the City. The STA will not reimburse the City for any costs incurred beyond TIRCP allocation plan for each phase of the Project.

Part IV
General Terms and Conditions

A. Term of Agreement

1. This Agreement shall remain in effect through the filing of the Notice of Completion on the Project or the completion of the reimbursement to City, whichever is later, unless it is terminated or amended earlier as stipulated in this Agreement.

2. This Agreement may be terminated by mutual written agreement of the Parties. The Parties agree to work collaboratively, in the event of loss of funding, to redirect the Project funds to other portions of the Project or other roadway projects eligible for such funding, to the extent that is permitted. Either party must provide at least thirty (30) days written notice of its intent to terminate the Agreement.

B. Indemnification

1. STA to Indemnify City
STA agrees to indemnify, defend, protect, hold harmless, and release City, its elected bodies, agents, officers and employees (collectively referred to in this paragraph as “City”), from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by’ any negligent act or omission or willful misconduct of STA.

This indemnification obligation shall not be limited in any way by an y limitation on the amount or type of damages compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

At its sole discretion, City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve STA of any obligation imposed by this Section. City shall notify STA within thirty (30) days of any claim, action or proceeding and cooperate fully in the defense. Notwithstanding the foregoing, City’s Packet Page 94 of 204Attachment 2 Page 3 of 7

CoFF Funding Agreement TIRCP Funding 4 of 7

failure to notify STA within said thirty (30) daytime limit shall not relieve STA of any obligation imposed by this Section unless STA has been actually prejudiced by such delay.

2. City to Indemnify STA
City agrees to indemnify, defend, protect, hold harmless, and release the STA, its elected bodies, agents, officers and employees (collectively referred to in this paragraph as ‘STA’) from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of City.

This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

At its sole discretion, STA may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve City of any obligation imposed by this Section. STA shall notify City within thirty (30) days of any claim, action or proceeding and cooperate fully in the defens e. Notwithstanding the foregoing, STA’s failure to notify City within said thirty (30) daytime limit shall not relieve City of any obligation imposed by this Section unless City has been actually prejudiced by such delay.

3. Each Party to Defend Itself for Concurrent Claims
STA agrees to defend itself, and City agrees to defend itself, from any claim, action or proceeding arising out of the negligent act or omission or willful misconduct of STA and City in the performance of this Agreement. In such cases, STA and City agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in subparagraph 5 below.

4. Joint Defense
Notwithstanding subparagraph 3 above, in cases where STA and City agree in writing to a joint defense, STA and City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the negligent act or omission or willful misconduct of City and STA in the performance of this Agreement. Joint defense counsel shall be selected by mutual agreement of STA and City. STA and City agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in subparagraph 5 below. STA and City further agree that neither Party may bind the other to a settlement agreement without the written consent of both STA and City.

5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, STA and City may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault.

C. Insurance

1. Each Party agrees to maintain its status as a legally self-insured public entity for general, auto, and professional liability insurance coverage with limits of no less than $1,000,000 per occurrence and no less than five million dollars ($5,000,000) aggregate. Each Party’s Packet Page 95 of 204Attachment 2 Page 4 of 7

CoFF Funding Agreement TIRCP Funding 5 of 7

insurance will be considered primary for all claims arising out of acts of that Party. Each Party agrees to endorse the other Party, its officials, employees, and agents, using standard ISO endorsement No. CG2010 or its equivalent for general liability coverage. Each Party also agrees to require all consultant, contractors and subcontractors engaged to work on this Project to name the other Party as an additional insured as well.

2. Each Party will maintain Workers’ Compensation as required by law for all its employees with limits not less than $1,000,000 per occurrence. Neither Party’s insurance shall be called upon to satisfy any claim for workers’ compensation filed by an employee of the other Party. Each Party will provide the other with a Waiver of Subrogation endorsement for Workers Compensation. Each Party also agrees to require all consultants, contractors and subcontractors engaged to work on this Project to carry the same Workers Compensation insurance limits and endorsements.

3. Each Party will require all consultants, contractors, and subcontractors engaged to work on this Project to carry insurance in levels commensurate with the exposure of the respective work provided by the consultant, contractor, or subcontractor.

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

E. Assignability
No Party to this Agreement shall assign or transfer any interest or perform any duties or obligations, without the prior written consent of the other Parties, and any attempt by a Party to so assign or transfer this Agreement or any rights, duties or obligations arising shall be void and of no effect.

F. Governing Law and Venue
The construction and interpretation of this Agreement and the rights and duties of the Parties shall be governed by the laws of California with venue residing in Solano County.

G. Force Majeure
No Party shall be liable or deemed in default for any delay or failure in performance under this Agreement or for any interruption of services, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of the Party.

H. Notices
All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that a Party desires to give to the other Parties shall be addressed to the other Parties at the addresses set forth below. A Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been Packet Page 96 of 204Attachment 2 Page 5 of 7

CoFF Funding Agreement TIRCP Funding 6 of 7

received on the date noted on the return receipt or five (5) days following the date of deposit, whichever is earlier.

SOLANO TRANSPORTATION AUTHORITY
Daryl K. Halls
Executive Director
423 Main Street
Suisun City, CA 94585
Attn: Jasper Alve, Project Manager

CITY OF FAIRFIELD
David Gassaway
City Manager
1000 Webster Street, 3rd Floor
Fairfield, CA 94533
Attn: Paul Kaushal, Public Works Director

I. Subcontracts
Within the funds allocated by the Parties under this Agreement, any Party may be authorized to contract for any and all of the tasks necessary to undertake the projects or studies contemplated by this Agreement. Agencies must follow federal procedures in selecting consultants.

J. Prior Agreements and Amendments
This Agreement represents the entire agreement of the Parties regarding the matter described, and no representation, warranties, inducements, or oral agreements have been made by the Parties except as expressly set forth in this Agreement. This Agreement may only be modified by a written amendment duly executed by the Parties.

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

L. Compliance with all Laws
The Parties shall observe and comply with all federal, state, and local laws, ordinances, and codes including those of the Federal Highway Administration (FHWA) and Federal Transit Authority (FTA).

M. Non-Discrimination Clause

1. During performing this Agreement, the Parties and their subcontractors shall deny no benefits or privileges to any person on the basis of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation. Each Party shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

2. The Parties shall comply with Title VI of the Civil Rights Act of 1964, the Fair Employment and Housing Act (Government Code section 12900, et seq.), the regulations promulgated under it (Title 2, California Code of Regulations, section 7285.0, et seq.), Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) Packet Page 97 of 204Attachment 2 Page 6 of 7

CoFF Funding Agreement TIRCP Funding 7 of 7

and any state or local regulations adopted to implement the foregoing, as such statutes and regulations may be amended from time to time.

N. Access to Records and Retention
All Parties, acting through their duly authorized representative, and any federal or state grantor agency providing all or part of the funding associated with this Agreement, the State Controller, the Comptroller General of the United States, and the duly authorized representatives of the Parties, shall have access to any books, documents, papers and records of any Party directly pertinent to the matter of this Agreement to make audit, examination, excerpts and transcriptions.

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

O. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

This Agreement was executed by the Parties on the day and year first written above.

SOLANO TRANSPORTATION AUTHORITY

By: _____________________________
Daryl K. Halls, Executive Director

Approved as to Form:

By: _____________________________
Megan J. Callaway, STA Legal Counsel

CITY OF FAIRFIELD

By: _____________________________
David Gassaway, City Manager

Approved as to Form:

By: _____________________________
David Lim, City Attorney

Packet Page 98 of 204Attachment 2 Page 7 of 7

Agenda Item No: 10.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202406 of the City Council of the City of Fairfield Authorizing Amendment No. 2 to Task Order No. 8 for Coastland Civil Engineering to Provide Additional Engineering and Design Services for the Waterman High Lift Pump and Power Upgrade Project, and Authorizing an Update to the Fiscal Year 20232024 Budget RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Waterman Water Treatment Plant (Waterman) is currently in design to upgrade the high lift pumps and electrical power system. In preparation for the future large solar field designbuild project at Waterman with TerraVerde Energy LLC, staff has requested additional design work to coordinate the project's electrical, civil, and structural design.

Approving the proposal from Coastland Civil Engineering (Coastland) for Amendment No. 2 to Task Order No. 8 will provide additional engineering services for completing the design of the Waterman High Lift Pump and Power Upgrade Project (Project).

DISCUSSION
City Council authorized Task Order No. 8 for Coastland to proceed with the Project design to upgrade existing hydraulic and electrical systems at Waterman on June 2, 2020, and Amendment No. 1 on May 18, 2021, for additional electrical studies. On September 5, 2023, the City authorized Resolution No. 2023228 to Execute a Professional Services Agreement and NonDisclosure Agreement with TerraVerde Energy LLC for the Management of a Solar Power Purchase Agreement DesignBuild Project for Waterman. The DesignBuild Project proposes to design, construct, and operate a 1.25 megawatt solar field to reduce the general electrical demand of Waterman from Pacific Gas & Electric’s (PG&E) grid and minimize electrical demand spikes, as these spikes increase the overall cost per kilowatt hour charged by PG&E.

Staff has determined the two projects' electrical systems must be coordinated for the solar field electrical tiein to be compatible with Waterman’s proposed electrical switchboard and backup generator. The additional work has included modifying the original design plans from a 3000amp power service to a 4000amp service. This also has required coordinating design for a larger, new PG&E power service ductwork and wiring to feed the larger transformer and the 4000amp meter main.

Design modifications for accommodating a larger meter main switchboard for the addition of the proposed solar field is being done in parallel with this Project.

The additional scope of work for Amendment No. 2 by Coastland will include a revised 100% plans, final submittals and quality control reviews. Staff recommends authorizing Amendment No. 2 to Task Order No. 8 with Coastland for the Project to complete the project design for construction ready plans and specifications. Staff will take a subsequent item to council for the Project bidding and construction phase services utilizing a new oncall contract.

On April 16, 2019, the council approved Resolution No. 201977 approving a design services agreement with Coastland for oncall engineering services with a nottoexceed amount of $600,000 per year. This resolution was amended on March 20, 2020, by Resolution No. 202041 to allow the city manager to approve task orders up to $100,000, with the understanding that task orders in excess of $100,000 be presented to the council for approval. The oncall agreement is for a threeyear period, through April 22, 2022, with the ability to extend the agreement for two additional oneyear terms upon mutual consent. The City has executed a contract extension for the second and final year through April 22, 2024. There is currently $541,580 remaining in the 20232024 (Year 5) contract budget.

FINANCIAL IMPACT
Amendment No. 2 to Task Order No. 8 will increase Coastland’s fee by $97,677 for a total notto exceed amount of $618,993. Funding for this work is budgeted in the Water Capital Improvement Program through the Water Capital Projects (Fund 462, Project CPW090041).

This project will require a $100,000 budget adjustment to Fund 462 to increase appropriations for the remaining design work. The Finance Department has confirmed that adequate reserves in Fund 462 exist and that no projects will be jeopardized by this additional expenditure.

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 4287784
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Coastland Proposal (Dated December 12, 2023)
Packet Page 100 of 204

Agenda Item No: 10.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202406 of the City Council of the City of Fairfield Authorizing AmendmentNo. 2 to Task Order No. 8 for Coastland Civil Engineering to Provide AdditionalEngineering and Design Services for the Waterman High Lift Pump and PowerUpgrade Project, and Authorizing an Update to the Fiscal Year 20232024 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Waterman Water Treatment Plant (Waterman) is currently in design to upgrade the high lift pumpsand electrical power system. In preparation for the future large solar field designbuild project atWaterman with TerraVerde Energy LLC, staff has requested additional design work to coordinate theproject's electrical, civil, and structural design. Approving the proposal from Coastland Civil Engineering (Coastland) for Amendment No. 2 to TaskOrder No. 8 will provide additional engineering services for completing the design of the WatermanHigh Lift Pump and Power Upgrade Project (Project).DISCUSSIONCity Council authorized Task Order No. 8 for Coastland to proceed with the Project design to upgradeexisting hydraulic and electrical systems at Waterman on June 2, 2020, and Amendment No. 1 on May18, 2021, for additional electrical studies. On September 5, 2023, the City authorized Resolution No.2023228 to Execute a Professional Services Agreement and NonDisclosure Agreement withTerraVerde Energy LLC for the Management of a Solar Power Purchase Agreement DesignBuildProject for Waterman. The DesignBuild Project proposes to design, construct, and operate a 1.25megawatt solar field to reduce the general electrical demand of Waterman from Pacific Gas &Electric’s (PG&E) grid and minimize electrical demand spikes, as these spikes increase the overallcost per kilowatt hour charged by PG&E.Staff has determined the two projects' electrical systems must be coordinated for the solar fieldelectrical tiein to be compatible with Waterman’s proposed electrical switchboard and backupgenerator. The additional work has included modifying the original design plans from a 3000amppower service to a 4000amp service. This also has required coordinating design for a larger, newPG&E power service ductwork and wiring to feed the larger transformer and the 4000amp meter main.Design modifications for accommodating a larger meter main switchboard for the addition of theproposed solar field is being done in parallel with this Project.The additional scope of work for Amendment No. 2 by Coastland will include a revised 100% plans,final submittals and quality control reviews. Staff recommends authorizing Amendment No. 2 to TaskOrder No. 8 with Coastland for the Project to complete the project design for construction ready plansand specifications. Staff will take a subsequent item to council for the Project bidding and constructionphase services utilizing a new oncall contract.On April 16, 2019, the council approved Resolution No. 201977 approving a design servicesagreement with Coastland for oncall engineering services with a nottoexceed amount of $600,000per year. This resolution was amended on March 20, 2020, by Resolution No. 202041 to allow the citymanager to approve task orders up to $100,000, with the understanding that task orders in excess of$100,000 be presented to the council for approval. The oncall agreement is for a threeyear period,through April 22, 2022, with the ability to extend the agreement for two additional oneyear terms uponmutual consent. The City has executed a contract extension for the second and final year through April22, 2024. There is currently $541,580 remaining in the 20232024 (Year 5) contract budget.FINANCIAL IMPACTAmendment No. 2 to Task Order No. 8 will increase Coastland’s fee by $97,677 for a total nottoexceed amount of $618,993. Funding for this work is budgeted in the Water Capital ImprovementProgram through the Water Capital Projects (Fund 462, Project CPW090041).This project will require a $100,000 budget adjustment to Fund 462 to increase appropriations for theremaining design work. The Finance Department has confirmed that adequate reserves in Fund 462exist and that no projects will be jeopardized by this additional expenditure. PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions, the recommended action may be delayed so that staff can provide thenecessary background information. Staff does not recommend this because this will delay the deliveryof the Project.STAFF CONTACTDavid Vong, Senior Civil Engineer(707) 428[email protected] WITHFinance DepartmentATTACHMENTS:Description Proposed Resolution
Coastland Proposal (Dated December 12, 2023)
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 1/2/2024 5:29 PM
Kaushal, Paul Approved 1/2/2024 8:43 PM
Beavers, Esther Approved 1/3/2024 1:20 PM
Beavers, Esther Approved 1/3/2024 1:21 PM
Packet Page 101 of 204

CITY OF FAIRFIELD

RESOLUTION NO. 2024-06

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING AMENDMENT NO. 2 TO TASK ORDER NO. 8 FOR COASTLAND CIVIL ENGINEERING TO PROVIDE ADDITIONAL

ENGINEERING AND DESIGN SERVICES FOR THE WATERMAN HIGH LIFT PUMP AND POWER UPGRADE PROJECT, AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2023-2024 BUDGET

WHEREAS, City Council authorized the city manager to enter into a Design Services Agreement with Coastland Civil Engineering (Coastland) on April 16, 2019, by Resolution 2019-77; and

WHEREAS, the City authorized Task Order No. 8 on June 2, 2020, for engineering and design services for the Waterman High Lift Pump and Power Upgrade Project (Project), with Coastland for $486,613; and

WHEREAS, Amendment No. 1 to Task Order No. 8 increased the total compensation by $34,703 to provide additional engineering services for the additional electrical scope of work; and

WHEREAS, additional professional design services are required to complete the design and bid documents for the Project due to the coordination efforts with the Solar Power Purchase Agreement Design-Build Project; and

WHEREAS, staff has reviewed the proposed scope of work by Coastland and determined the cost are fair and reasonable; and

WHEREAS, Amendment No. 2 to Task Order No. 8 will increase the total compensation by $97,677 to provide additional engineering services to complete the Project design; and

WHEREAS, funding was not allocated in the City’s approved fiscal year (FY) 2023-2024 budget, thus requiring an adjustment of $100,000 to cover the remaining cost of the Project; and

WHEREAS, the revised appropriation constitutes an update to the FY 2023-2024 Budget approved pursuant to Resolution No. 2023-149.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield Amendment No. 2 to Task Order No. 8 to the Agreement between the City and Coastland for the Project.

Packet Page 102 of 204Attachment 1 Page 1 of 2

RES. NO. 2024-06

Page 2 ends

Section 2. Amendment No. 2 to Task Order No. 8 will increase the maximum fee by $97,677 for a total not to exceed fee of $618,993 from Water Capital Projects Fund.

Section 4. The council hereby approves an increase in appropriations of $100,000 to Fund 462 for the Waterman High Lift Pump and Power Upgrade Project (Project CPW090041).

PASSED AND ADOPTED this 16th day of January 2024, 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 103 of 204Attachment 1 Page 2 of 2

Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 420 Executive Court North, Ste. G Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961

www.coastlandcivil.com

November 21, 2023
Rev. December 12, 2023

Mr. Ryan Panganiban, P.E.

City Engineer
City of Fairfield
1000 Webster Street
Fairfield, CA 94533

Subject: Amendment No. 2 - Task Order 8 (Revised)
Waterman Water Treatment Plant (WTP) High Lift Pump and Power Upgrade Project for Additional Design Services

Dear Mr. Panganiban,

In response to David Vong and Michael Hether’s recent requests for our team to provide additional design services for the subject project, we are providing this Amendment 2 letter proposal to increase our existing Task Order 8 and 8A agreement budget to provide the remaining additional civil, electrical and structural design services required for the project. The following outlines our understanding of the additional services and our expected additional project scope and fee necessary to complete the remaining revised 100% PS&E submittal and final PS&E submittal as well as our anticipated bidding. It is our understanding the required bidding and construction services for the project will be included in a separate future proposal to the City.

ADDITIONAL SCOPE OF SERVICES

Since our work on this project began, the scope of work has been amended several times, resulting in significant increases in the services Coastland | DCCM and our subconsultants were requested to provide and has extended the schedule to complete the design. Since initially estimating our time and material fee in June 2020, the changes in scope have required us to produce additional submittals that included a revised 95% submittal and now a revised 100% submittal.

In order to provide the most recently requested additional services, we will need to amend our existing subconsultant agreements with ATEEM, BSK and KPFF. This is necessary so that they can complete the additional work including the revised 100% and final submittals and QC reviews. Some of our additional work has included modifying the original design plans from a 3000-amp power service to a 4000-amp service. This increase in service size was necessary to accommodate the electric vehicle charger loads that the future City EV vehicle fleet will require. This also has required us to coordinate our design for larger, new PG&E power service duct work and wiring to feed the larger transformer and the 4000 -amp meter main. Other increased scope items have included our additional coordination and design modifications for accommodating a larger meter main switch board for the addition of the proposed solar and battery system that will be done in parallel with this project.

Additionally, since there is such a long lead time to obtain the new backup generator, the decision was made to include a prepurchase of the generator in advance of the project bidding which required our team Packet Page 104 of 204Attachment 2 Page 1 of 8

December 12, 2023
Ryan Panganiban PE

to redesign our plans to allow for a larger retaining wall and genset pad for a larger generator (800 KW to 1250KW) to also be able to power the future new electric vehicle chargers.

Please see the attached two separate proposal letters dated 11/15/23 from ATEEM for their detailed additional scope of work and attached fee spread sheets. Coastland | DCCM will provide project management for this additional design work, and repackage the revised 100% and Final PS&E packages, address all the 100% PS&E submittal comments, and attend the additional design meetings and site visits to complete the PS&E bid documents so the project is ready to bid early in 2024.

ASSUMPTIONS

Our proposed design budget allows for two additional meetings during the preparation of the revised 100% and final PS&E submittals. These meetings are assumed to be private or virtual meetings with Coastland | DCCM’s project manager, ATEEM and City staff.

PROJECT FEE

Based upon the additional scope of services, we propose to provide our team ’s professional services on an hourly rate, not to exceed basis. The additional fee for this amendment is for a total not-to-exceed additional budget amount of $97,677. These additional services are described above and as shown in the attached Work Estimate and the two attached ATEEM proposal letters and spread sheets. Amendment 2 would increase our existing Task Order 8 and 8A agreement NTE fee amount from $521,224 to $618,901.

SCHEDULE

Once this amendment is authorized, it is anticipated to take 5 to 6 weeks to complete the remaining project design submittal work. Our team is prepared to resume our work as soon as we receive the City’s written approval of this Amendment 2 proposal and a written notice to proceed.

Thank you for the opportunity you have given Coastland | DCCM to continue assisting the City on this very important project. If you have any questions regarding the contents of this proposal, please feel free to call Ken at (707) 702-1963 or (707) 718-3415.

Sincerely,

COASTLAND CIVIL ENGINEERING, LLP

John Wanger, PE Kenneth R. Swenson, PE
CEO Supervising Engineer

Enclosures: Work Estimate
ATEEM Proposal Letters and Spread Sheets
Packet Page 105 of 204Attachment 2 Page 2 of 8

December 12, 2023
Ryan Panganiban PE

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Packet Page 107 of 204Attachment 2 Page 4 of 8

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Packet Page 111 of 204Attachment 2 Page 8 of 8

Agenda Item No: 11.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202407 of the City Council of the City of Fairfield Accepting a Grant Deed from Laurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC and Executing Other Documents
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Laurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC (Developer) filed a map which created a parcel dedicated to the City of Fairfield and another parcel to be transferred in the future to the FairfieldSuisun Sewer District (FSSD). Upon construction completion of the sewer lift station and in coordination with FSSD, staff determined that access and security improvements are required. The resolution approves acceptance of a grant deed to facilitate ongoing operations and maintenance of these facilities.

DISCUSSION
A Large Lot Final Map of Villages at Fairfield – Village II, was filed June 13, 2019, by the Developer, which dedicated Accessor’s Parcel Number (APN) 0170050490 (Parcel G) to the City in fee for storm drain (drainage basin) purposes. APN 0170050480 (Parcel B) was reserved for sanitary sewer lift station purposes and is to be transferred to FSSD upon completion of said site.

Adoption of the attached resolution authorizes the city manager to:

1. Accept a portion of the sewer lift station parcel; and

2. Execute a notice of minor lot line adjustment with the developer; and

3. Execute a grant deed from and to the City to put the new legal description into the chain of title; and

4. Execute easement deeds to FSSD.

Staff has determined that Parcel G can provide easements for access and fencing to FSSD after the Developer has conveyed the adjusted sewer lift station parcel to FSSD and supports approval of this Packet Page 112 of 204

Agenda Item No: 11.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202407 of the City Council of the City of Fairfield Accepting a Grant Deedfrom Laurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC and ExecutingOther DocumentsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUELaurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC (Developer) filed a map whichcreated a parcel dedicated to the City of Fairfield and another parcel to be transferred in the future tothe FairfieldSuisun Sewer District (FSSD). Upon construction completion of the sewer lift station and incoordination with FSSD, staff determined that access and security improvements are required. Theresolution approves acceptance of a grant deed to facilitate ongoing operations and maintenance ofthese facilities.DISCUSSIONA Large Lot Final Map of Villages at Fairfield – Village II, was filed June 13, 2019, by the Developer,which dedicated Accessor’s Parcel Number (APN) 0170050490 (Parcel G) to the City in fee for stormdrain (drainage basin) purposes. APN 0170050480 (Parcel B) was reserved for sanitary sewer liftstation purposes and is to be transferred to FSSD upon completion of said site.Adoption of the attached resolution authorizes the city manager to: 1. Accept a portion of the sewer lift station parcel; and2. Execute a notice of minor lot line adjustment with the developer; and3. Execute a grant deed from and to the City to put the new legal description into the chain of title;and4. Execute easement deeds to FSSD.

FINANCIAL IMPACT
There is no financial impact with this action. Funding for the ongoing maintenance of the basin site and access road will be provided by Landscaping and Lighting District Maintenance District No. 14 (Woodlake), pursuant to Resolution No. 2019257.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, this process may be delayed so staff can provide the necessary background information.

STAFF CONTACT
Caroline Vedder, Senior Civil Engineer
(707) 4287484
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Grant Deed from Developer to City
Attachment 3: Notice of Minor Lot Line Adjustment
Attachment 4: Grant Deed from City to City
Attachment 5: Grant Deed of Easement from City to FSSD for Access Attachment 6: Grant Deed of Easement from City to FSSD for Fence REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 1/2/2024 7:15 PM
Kaushal, Paul Approved 1/2/2024 8:36 PM
Beavers, Esther Approved 1/3/2024 1:16 PM
Beavers, Esther Approved 1/3/2024 1:17 PM
Packet Page 113 of 204

CITY OF FAIRFIELD

RESOLUTION NO. 2024-07

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING A GRANT DEED

FROM LAUREL CREEK HOLDING COMPANY, LLC, AND LAUREL CREEK PLAZA, LLC AND

EXECUTING OTHER DOCUMENTS

WHEREAS, the City of Fairfield is the fee title owner of Assessor’s Parcel Number (APN) 0170- 050-490; and

WHEREAS, Laurel Creek Holding Company, LLC, a Delaware limited liability company, and Laurel Creek Plaza, LLC, a Delaware limited liability company (Developer), are the fee title owners of APN 0170-050-480; and

WHEREAS, each parcel needs to be lot line adjusted; and

WHEREAS, the City is willing to accept a grant deed from the Developer for a portion of the Developer-owned property and execute the necessary documents to lot line adjust these parcels.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES HEREBY RESOLVE:

Section 1. The council specifically finds that the facts and determinations contained in the Recitals to this Resolution are true and correct.

Section 2. The council hereby approves acceptance of the Grant Deed from the Developer and the execution of other documents by the city manager and to cause them to be recorded.

Packet Page 114 of 204Attachment 1 Page 1 of 2

RES. NO. 2024-07

Page 2 ends

PASSED AND ADOPTED this 16th day of January 2024, 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 115 of 204Attachment 1 Page 2 of 2

R E C O R DI N G R E Q U E S T E D B Y

AND WHEN RECORDED MAIL TO
City of Fairfield
1000 Webster Street
Fairfield CA 94533
APN 00170-050-480 portion SPACE ABOVE THIS LINE FOR RECORDER'S USE

GRANT DEED
The undersigned grantor(s) declare(s):

Documentary transfer tax is $_-0-_City Transfer Tax: $_-0-_ ( ) Unincorporated Area ( x ) City of Fairfield
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LAUREL CREEK HOLDING COMPANY, LLC, a Delaware limited liability company, and LAUREL CREEK PLAZA, LLC, a Delaware limited liability company Hereby GRANT(S) to CITY OF FAIRFIELD, a California municipal corporation, The land described herein is situated in the State of California, County of Solano, City of Fairfield, described in Exhibit 'G' and shown in Exhibit 'H' attached hereto and made a part hereof by reference.

Dated: ------------
Laurel Creek Holding Company, LLC,
A Delaware limited liability company
By:

Its:

Laurel Creek Plaza, LLC,
A Delaware limited liability company
By:

Its:

Packet Page 116 of 204Attachment 2 Page 1 of 5

A n o ta r y p u b lic o r o th e r o ff ic e r c o m p le tin g th is c e rt ifi c a te v e rifi e s o n ly th e id e n tity o f th e in d iv id u a l w h o s ig n e d th e d o c u m e n t to w h ic h th is c e rt ifi c a te is a tt a c h e d , a n d n o t th e tru th f u ln e s s , a c c u ra c y , o r v a lid ity o f th a t d o c u m e n t.

State of _
County of _
ss.

On before me,
Notary Public personally appeared _
___________________________________ who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

SIGNATURE _
M A IL TAX STATEM ENTS TO PA RTY SH O W N O N FO LLO W ING LI N E; IF NO PAR TY SHO W N, M AIL AS

DIR EC TED ABO V E

SAM E AS ABO VE
Name Street Address City & State
Packet Page 117 of 204Attachment 2 Page 2 of 5

E X H IB IT ·G

L E G A L D E S C R I P T I O N

L O T LI N E A D J U S T M E N T - T RA N S F E R A R E A

R EA L PR O PER TY IN T H E C ITY O F FAIR FIELD , SO LA N O C O U N TY , AN D STAT E O F C A LI F O R N IA D ESC R IB ED AS FO LLO W S:

B EIN G A PO R TI O N O F PA R C EL B A S SH O W N O N T H E "LA R G E LO T FI N A L M A P O F VILLA G ES AT FA IR FIELD - VILLA G E II " FILED JU N E 13, 2019 IN BO O K 94 O F SU B D IV ISIO N M A PS AT PAG ES 1-8 O F FIC IA L R EC O R D S SO LA N O C O U N TY , T SN , R lW M D M SEC 17 NE 1/4 O F SW 1/4 RA N C H O T O LEN A S A N D M O R E PA R TI C U LA R LY D ESC R IB ED AS FO LLO W S:

LO T A
B EG IN N IN G AT A POI N T DI ST A N T SO U T H 89°33'36" W EST , 97.33 FEET FR O M T H E SO U T H EA ST C O R N ER O F PA R C EL B AS SH O W N O N SA ID M A P.

T H EN C E FR O M SA ID POI N T O F BEG IN N IN G , SO U T H 89°33'36" W EST , A D IST AN C E O F 8.00 FEET ; T H E N C E N O RT H 00°26'26" W EST , A DI STA N C E O F 100.00 FEET ; T H E N C E N O RT H 89°33'36" EA ST , A DI STAN C E O F 8.00 FEET ; T H E N C E SO U T H 00°26'26" EA ST , A DI ST AN C E O F 100.00 FEET T O T H E POI N T O F BEG IN N IN G .

C O N TAIN IN G 800 SQ U A R E FEET , M O R E O R LESS.

S EE EX H IB IT ·H ·, PLA T T O AC C O M PA N Y D ESC R IPT IO N , ATT AC H ED H ER ET O AN D M A D E A PA RT H ER EO F.

T H IS D ESC R IPTI O N HA S BEEN PR EPA R ED BY M E, O R U N D ER M Y DI R ECTI O N , IN C O N F O R M A N C E W IT H T H E PR O FESSIO N A L LA N D SU R V EYO R S ACT .

I~
RY A N M . SEXT O N / PLS 9177
Packet Page 118 of 204Attachment 2 Page 3 of 5

EX H IBIT 'H '

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA
N89"33'36"E

8.00'
N00"26'26"W
100.00'

LOT LINE TO

BE REMOVED
CITY Of
IF #lJRIF!IEl[l)
P ll.lRCIEl G
94-S[l)-1
S89"33'36"W

8.00'
i.or 3
94-S[l)-1
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NEW LOT
LINE
LOT A
800± SF

TRANSFER AREA
POIRl!OIN
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94-SIDH

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S89"33'36"W 97.33'
0 0
0 0
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PSE
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PROPERTY BOUNDARY

EXISTING EASEMENT LINE

EXISTING PUBLIC SERVICE EASEMENT

EXISTING PUBLIC ACCESS EASEMENT
November 16, 2023
0 20

IRAINICIHO
7rOllEINII\.S
COIAP.

SOUTHEAST CORNER

OF PARCEL B
40 80
SCALE: 1 "= 40'
• WOOD -ROOGE:R:S
BUILDING RELATIONSHIPS ONE PRO.JECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.B47. l 556
PLEASANTON , CA 9458B FAX 925.B47. l 557
1135069 SHEET 1 OF 1
Packet Page 119 of 204Attachment 2 Page 4 of 5

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the attached Grant Deed from Laurel Creek Holding Company, LLC, a Delaware limited liability company, and Laurel Creek Plaza, LLC, a Delaware limited liability company, to the City of Fairfield, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Fairfield pursuant to the authority conferred by the City of Fairfield Resolution No. 2024-__ , and the City of Fairfield consents to recordation thereof by its duly authorized officer.

Dated: ----------
David Gassaway
City Manager
City of Fairfield
Packet Page 120 of 204Attachment 2 Page 5 of 5

Recording Requested By
W hen Recorded M ail To
Ci ty of Fairfield
Public W orks Dept 3rd Floor
1000 Webster Street
Fairfield CA 94533

NOTICE OF MINOR LOT LINE ADJUSTMENT
APNs 0170-050-480 & -490
NOTICE IS HEREBY GIVEN that on November 9, 2023, the City of Fairfield approved the following minor lot line adjustment, which affects property owned by the CITY OF FAIRFIELD, a municipal corporation, LAUREL CREEK HOLDING COMPANY, LLC, a Delaware limited liability company, and LAUREL CREEK PLAZA, LLC, a Delaware limited liability company.

The property affected is described and set forth in Exhibits A, B, C, D, E, F, G and H attached hereto and made a part hereof. This lot line adjustment is recorded in conjunction with the deed recorded concurrently herewith.

The consent in writing of the property owner affected by this minor lot line adjustment was given at the time application was made to the City of Fairfield and said consent is on file with the application in the office of the Department of Community Development.

Packet Page 121 of 204Attachment 3 Page 1 of 14

N o tic e
City of Fairfield
Page -2-
This notice of minor lot line adjustment has been prepared and executed pursuant to Section 66412(d) of the Government Code of the State of California.

LAUREL CREEK HOLDING COMPANY, LLC,
a Delaware limited liability company
By:

Its:

LAUREL CREEK PLAZA, LLC,
a Delaware limited liability company
By:

Its:

Packet Page 122 of 204Attachment 3 Page 2 of 14

City of Fairf ield,
a m unicipal corporation
By : D av id G assaw ay
It s: Ci ty M anager
R yan N . P anganiban, R C E 74795
C ity Eng ineer
Public W orks
Ci ty of Fairf ie ld
D av id M . Feinstein
Plan ning D iv isio n M anager
C om m unity D evelo pm ent
C ity of Fairfi eld
Packet Page 123 of 204Attachment 3 Page 3 of 14

State of _
County of _
SS.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

SIGNATURE _
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS

DIRECTED ABOVE

SAME AS ABOVE
Name Street Address City & State
Packet Page 124 of 204Attachment 3 Page 4 of 14

EX H IB IT ·A ·

LEG A L D ESC R IPT IO N

LO T LI N E A D JU ST M E N T - EX IST IN G

R EA L PR O PER TY IN T H E CITY O F FAIR FIELD , SO LA N O CO U N TY , AN D STAT E O F CA LI FO RN IA D ESC R IB ED AS FO LLO W S:

BEIN G ALL O F PA R C EL G A S SH O W N O N T H E "LA R G E LO T FIN A L M A P O F VILLA G ES AT FAIRFIELD - VILLA G E II " FILED JU N E 13 , 20 19 IN BO O K 94 O F SU BDI V ISIO N M A PS AT PAG ES 1-8 O FFICIA L R EC O R D S SO LA N O C O U N TY , T SN , RlW M D M SEC 17 N E 1/4 O F SW 1/4 RA N C H O T O LENA S.

T H IS D ESC R IPTI O N H A S BEEN PR EPA R ED BY M E, O R UN D ER M Y D IR ECT IO N , IN CO N FO RM A NCE W IT H T H E PR O FESSIO N A L LA N D SU R V EYO R S ACT .

RYA N M . SEXT O N / PLS 9177
Packet Page 125 of 204Attachment 3 Page 5 of 14

EX H IB IT ·B·

LEG A L D ESC R IPT IO N

LO T LI N E A D JU ST M EN T - EX IST IN G

R EA L PR O PER TY IN T H E CITY O F FAIR FIELD , SO LA N O CO U N TY , A N D STAT E O F CA LI FO R NIA D ESC R IB ED AS FO LLO W S:

BEIN G A LL O F PA R C EL B AS SH O W N O N T H E "LA R G E LOT FIN A L M A P O F VILLA G ES AT FAIRFIELD - VILLAG E n- FILED JU N E 13 , 2019 IN BO O K 94 O F SU B DI V ISIO N M A PS AT PA G ES 1-8 O FFIC IA L R EC O R D S SO LA N O C O U N TY , T SN , RlW M D M SEC 17 N E 1/4 O F SW 1/4 RA N C HO T O LENA S.

T H IS D ESC R IPT IO N H A S BEEN PR EPA R ED BY M E, O R UN D ER M Y DI R ECT IO N , IN CO N FO RM A N C E W IT H T H E PR O FESSIO N A L LA N D SU R V EYO R S ACT .

RYA ~r M. SEXT O N / PLS 9177
Packet Page 126 of 204Attachment 3 Page 6 of 14

EXHIB IT •C,

LEG A L D ESC R IPTI O N

LO T LI N E A D JU ST M E N T - R ESU LTA N T

R EA L PR O PER TY IN T H E C ITY O F FA IR FIELD , SO LA N O CO U N TY , A N D STAT E O F CA LI FO RNIA D ESC R IB ED AS FO LLO W S:

BEIN G A PO RT IO N O F PA R C EL B AS SH O W N O N T H E "LA R G E LO T FIN A L M A P O F VILLA G ES AT FA IR FIELD - VILLA G E n- FILED JU N E 13, 2019 IN BO O K 94 O F SU B DI V ISIO N M A PS AT PAG ES 1-8 O FFIC IA L R EC O R D S SO LA N O CO U N TY , T SN , Rl W M D M SEC 17 N E 1/4 O F SW 1/4 RA N C H O T OLENA S A N D M O R E PA R TI C U LA R LY D ESC R IBED AS FO LLO W S:

RESULTANT PARCEL B
BEG IN N IN G AT T H E SO U T H EA ST C O R N ER O F PAR CEL B A S SH O W N O N SAID M A P.

T H EN C E FR O M SA ID POI N T O F BEG IN N IN G , SO UT H 89°33'36" W EST , A DI ST ANC E O F 97.33 FEET ; T H EN C E N O R T H 00°26 '26" W EST , A DI STA N C E O F 10 0.00 FEET ; T H EN C E N O RT H 89°33'36" EA ST , A D ISTA N C E O F 97.32 FEET ; T H EN C E SO U T H 00°26'4 3" EAST , A DI ST A N C E O F 10 0.00 FEET T O T H E POI N T O F BEG IN N ING.

C O N TAIN IN G 9,7 33 SQ U A R E FEET O R 0.223 AC R ES, M O R E O R LESS.

SEE EX H IB IT ·D ·, PLA T T O AC C O M PA N Y D ESC R IPTIO N , ATT AC H ED HER ET O AND M A D E A PA RT H EREO F.

T H IS D ESC R IPT IO N H A S BEEN PR EPA R ED BY M E, O R U N D ER M Y DI R ECT IO N , IN CO N FO RM A NC E W IT H

T H E PR O FESSIO N A L LA N D SU R V EYO R S ACT ,
RY~9177
Packet Page 127 of 204Attachment 3 Page 7 of 14

EX H IBIT 'D '

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA
w
(f)
Q_
r N89'33'36"E 97.32'
I
I 0 I 0 0 RAINCIHO
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IF A!Rf!IElD I 9,733± SF 0 COIAP.

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n
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N 0
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tor 3
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EXISTING EASEMENT LINE

EXISTING PUBLIC SER VICE EASEMENT

EXISTING PUBLIC ACCESS EASEMENT
0 20 40 .80
SCALE:1 "= 40'
WOOD -ROOGE:R::S
BUILDING RELATIONSHIPS ONE PRO.JECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.84 7.1 556
PLEASA NTON , CA 94 588 FAX 925.847.1 557
November 14, 2023 1135069 SHEET 1 OF 1
Packet Page 128 of 204Attachment 3 Page 8 of 14

E X H IB IT 'E '

L E G A L D E S C R I P T I O N

L O T LI N E A D J U S T M E N T - R E S U L T A N T

R EA L PR O PER TY IN T H E C ITY O F FA IR FIELD , SO LA N O C O U N TY , A N D STAT E O F C A LI F O R N IA D ESC R IBED AS FO LLO W S:

B EIN G A PO RT IO N O F PA R C EL G AN D PA R C EL B A S SH O W N O N T H E "LA R G E LO T FIN A L M A P O F V IL LA G ES AT FA IR FIELD - VILLA G E II " FILED JU N E 13 , 2019 IN BO O K 94 O F SU B DI V ISIO N M A PS AT PA G ES 1-8 O FFIC IA L R EC O R D S SO LA N O C O U N TY , T 5N , R lW M D M SEC 17 NE 1/4 O F SW 1/4 RA N C H O T O LEN A S AN D M O R E PA R T IC U LA R LY D ESC R IBED AS FO LLO W S:

RESULTANT PARCEL G
B EG IN N IN G AT T H E N O RT H ER N M O ST C O R N ER O F PA R C EL G A S SH O W N O N SA ID M A P.

T H E N C E FR O M SA ID POI N T O F BEG IN N IN G , SO U T H 00°26 '4 3" EAST , A DI ST AN C E O F 24 3.62 FEET ; T H E N C E SO U T H 89°33'36" W EST , A DI STA N C E O F 97.32 FEET ; T H E N C E SO U T H 00°26'26 " EAST , A DI STAN C E O F 10 0.0 0 FEET ; T H E N C E N O RT H 89 °33'36" EA ST , A DI ST AN C E O F 97.33 FEET ; T H E N C E SO U T H 00°26 '4 3" EAST , A DI STA N C E O F 20 .4 9 FEET ; T H E N C E SO U T H 89°33'17" W EST , A D IST AN C E O F 93 .00 FEET ; T H E N C E SO U T H 00 °26 '4 3" EA ST , A DI STA N C E O F 45.0 0 FEET ; T H E N C E ALO N G A T AN G EN T C U R V E C O N C AV E T O T H E N O RT H W EST , H A V IN G A RA DI U S O F 15 .0 0 FEET , S O U T H W EST ER LY 18 .4 6 FEET A LO N G SA ID C U R V E T H R O U G H A CEN T RA L AN G LE O F 70°31'4 4"; T H E N C E N O R T H 00°26 '4 3" W EST , A DI STA N C E O F 53.4 5 FEET ; T H E N C E N O RT H 75°32'34 " W EST , A D IST AN C E O F 78 .5 1 FEET ; T H E N C E SO U T H 89 °33'17" W EST , A DI STA N C E O F 132 .11 FEET ; T H E N C E N O RT H 89°18 '27 " W EST , A DI STAN C E O F 51.08 FEET ; T H E N C E N O R T H 76 °09 '4 0" W EST , A DI STA N C E O F 48.23 FEET ; T H E N C E N O RT H 59°22 '12" W EST , A DI STAN C E O F 47.06 FEET ; T H E N C E N O R T H 48°59 '5 1" W EST , A DI STA N C E O F 56.0 0 FEET ; T H E N C E N O R T H 41 °00'0 9" EA ST , A DI STAN C E O F 19.89 FEET ; T H E N C E A LO N G A T AN G EN T C U R VE C O N C AV E T O T H E SO U T H EAST , H A VIN G A RA DI U S O F 40.00 FEET , N O R T H EA ST ER LY 12 .18 FEET A LO N G SA ID C U R V E T H R O U G H A CEN T RA L A N G LE O F 17 °26'30 "; Packet Page 129 of 204Attachment 3 Page 9 of 14

T H EN C E ALO N G A R EV ER SE CU R V E CO N C AV E T O T H E W EST , H A VIN G A RA DI US O F 47.00 FEET , N O R T H ER LY 10 4 .8 4 FEET ALO N G SAID C U R V E T H R O U G H A CEN TRA L AN G LE O F 127°48'31"; T H EN C E ALO N G A C O M PO U N D CU R V E C O N C AV E T O T H E SO U T H , HA VIN G A RA DI US O F 47.00 FEET, W EST ER LY 8.0 9 FEET ALO N G SAID CU R V E T H R O U G H A CEN T RA L AN G LE O F 09°51'39"; T H EN C E ALO N G A R EV ER SE CU R V E C O N C AV E T O T H E NO RT H EAST , HA VIN G A RA DI US O F 40.00 FEET , W EST ER LY 17 .0 8 FEET ALO N G SA ID CU R VE T H R O U G H A CEN T RA L AN G LE O F 24°27'47"; T H EN C E N O RT H 54 °4 5'4 4" W EST , A DI STA N C E O F 15.63 FEET ; T H EN C E N O R T H 21 °2 1'08" EA ST , A DI STAN C E O F 5.15 FEET ; T H EN C E N O RT H 73°36'53" EA ST , A DI ST AN C E O F 530.4 5 FEET T O T H E POI N T O F BEG IN NIN G.

C O N T AIN IN G 123,4 87 SQ U A R E FEET O R 2.83 AC R ES, M O R E O R LESS.

SEE EX H IB IT ·F ·, PLAT T O AC C O M PA N Y D ESC R IPT IO N , ATT A C H ED H ER ET O AND M A D E A PA RT H EREO F.

T H IS D ESC R IPTI O N H A S BEEN PR EPA R ED BY M E, O R UN D ER M Y DI R ECTI O N , IN CO N FORM A NC E W IT H T H E PR O F ESSIO N A L LA N D SU R V EYO R S ACT .
~
RYA~ 917 7
Packet Page 130 of 204Attachment 3 Page 10 of 14

EXHIBIT 'F'

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO ST ATE OF CALIFORNIA

NORTHERNMOST

CORNER OF PARCEL G
& POINT OF BEGINNING
P~IRCIEL IF
94-SIOH
crrv OIF
IF A!IRIF!IElD

RESULTANT PARCEL G

2.83± ACRES
L11
tor 3
94-SIDH
00 _J
L2
w
(f)

0...

LEGEND

NEW LOT
LINE
I
LOT LINE TO--........_I
BE REMOVED 7
L10
POIRl!OINI IRu\lNICHO
~ PAIRCIEL ~ 'iiOllEli'lffe\S
94-SIDH CORP·
PSE
PAE

PROPERTY BOUNDARY

EXISTING EASEMENT LINE

EXISTING PUBLIC SERVICE EASEMENT

EXISTING PUBLIC ACCESS EASEMENT
0 50 100 200
SCALE: 1 "= 100'
SEE SHEET 2 FOR TAG DATA
WOOO -ROOGE:R::S
BUILDING RELATIONSHIPS ONE PRO.JECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.B 47.1 556
PLEA SA NTON , CA 94 58B FAX 925.B 47.1 557
November 1 6, 2023 1135069 SHEET 1 OF 2
Packet Page 131 of 204Attachment 3 Page 11 of 14

EXHIBIT 'F'

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA

LINE TABLE
NO. BEARING LENGTH
L1 S0'26'43"E 243.62'
L2 S89'33'36"W 97.32'
L3 S0'26'26"E 100.00'
L4 N89'33'36"E 97.33'
L5 S0'26'43"E 20.49'
L6 S89'33'17"W 93.00'
L7 S0'26'43"E 45.00'
L8 N0'26'43"W 53.45'
L9 N75'32'34"W 78.51'
L10 S89'33'17"W 132.11'
L11 N89'18'27"W 51.08'
L12 N76'09' 40"W 48.23'
L13 N59'22'12"W 47.06'
L14 N48"59'51 "W 56.00'
L15 N41 '00'09"E 19.89'
L16 N54"45'44"W 15.63'
L17 N21 '21 '08"E 5.15'
L18 N73'36'53"E 530.45'

CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 15.00' 70'31'44" 18.46'
C2 40.00' 17'26'30" 12.18'
C3 47.00' 127'48'31" 104.84'
C4 47.00' 9·51 '39" 8.09'
C5 40.00' 24'27'47" 17.08'
• WOOO -ROOGE:R:S

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.B 47. l 556
PLEASA NTON , CA 94 58B FAX 925.B 47. 1 557
November 1 6, 2023 1135069 SHEET 2 OF 2
Packet Page 132 of 204Attachment 3 Page 12 of 14

E X H IB IT 'G '

L E G A L D E S C R I P T I O N

L O T LI N E A D J U S T M E N T - T RA N S F E R A R E A

R EA L PR O PER TY IN T H E CITY O F FA IR FIELD , SO LA N O CO U N TY , AN D STAT E O F CA LI FO R NIA D ESC R IB ED AS FO LLO W S:

BEIN G A PO RT IO N O F PA R C EL B A S SH O W N O N T H E "LA R G E LO T FI N A L M A P O F VILLA G ES AT FAIR FIELD - VILLA G E n- FILED JU N E 13 , 2019 IN BO O K 94 O F SU BDI V ISIO N M A PS AT PA G ES 1-8 O F FIC IA L R EC O R D S SO LA N O CO U N TY , T SN , RlW M D M SEC 17 NE 1/4 O F SW 1/4 RA NCHO T OLENA S A N D M O R E PA RTI C U LA R LY D ESC R IB ED AS FO LLO W S:

L O T A
BEG IN N IN G AT A POI N T D ISTA N T SO U T H 89°33'36" W EST , 97.33 FEET FR O M T HE SO U TH EA ST C O R N ER O F PA R C EL B AS SH O W N O N SAID M A P.

T H EN C E FR O M SA ID POI N T O F BEG IN N IN G , SO U T H 89°33'36" W EST , A DI ST ANCE O F 8.00 FEET ; T H EN C E N O R T H 00 °26'26" W EST , A DI STAN C E O F 10 0.00 FEET ; T H EN C E N O R T H 89°33'36" EA ST , A D IST AN C E O F 8.00 FEET ; T H EN C E SO U T H 00 °26 '26" EA ST , A D IST AN C E O F 10 0.00 FEET T O T H E POI N T O F BEG IN N ING.

C O N T AIN IN G 800 SQ U A R E FEET , M O R E O R LESS.

SEE EX H IB IT ·H ·, PLA T T O ACC O M PA N Y D ESC R IPT IO N , ATT AC H ED HER ET O AND M A D E A PA RT H EREO F.

T H IS D ESC R IPTI O N HA S BEEN PR EPA R ED BY M E, O R UN D ER M Y DI R ECTI O N , IN CO N FO RM A N C E W IT H T H E PR O F ESSIO N A L LA N D SU R V EY O R S ACT .

R YAl'rM.SEXTON/PLS 917 7
Packet Page 133 of 204Attachment 3 Page 13 of 14

EX H IBIT 'H '

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA
N00"26'26"W
100.00'

LOT LINE TO

BE REMOVED
crrv OIF
IF ffe.!IRIF!IEllDJ
IP #.IR!CIEl G
94-SIDH
S89"33'36"W

8.00'
i.or 3
94-SIDJ-1
w
<(
Q_
w·
(I)
Q_
LEGEND
w
(I)
Q_
N89"33'36"E

8.00'
N89"33'36"E 97.32'
0 N E W LOT
0 LINE 0 c:i 0
0 LOT A c:i
0 800± SF
TRANSFER AREA w
f"")
-tj-
co
IPOIFmOINI N
IP ffe.lRCIEl 1B b
0 94-SICH (I)

POINT OF BEGINNING
S89"33'36"W 97.33'
P S E
PAE

P R O PERTY BOUNDARY

E X IS TIN G EA SEM EN T LINE

E X ISTIN G P U BLIC SER VICE EASEMENT

E X ISTIN G PUBLIC ACCESS EASEMENT
IR!AINICIHO
lOllEINII.S
COIRIP.

SOUTHEA ST CORNER

OF PARCEL B
• WOOO -ROOuiE:R::S

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.B47. l 556
PLEASANTO N , CA 9458B FAX 925.B47. l 557
November 16, 2023
0 20 40 80
SCALE:1 "= 40'
1135069 SHEET 1 OF 1
Packet Page 134 of 204Attachment 3 Page 14 of 14

R E C O R D IN G R E Q U E S T E D B Y

AND WHEN RECORDED MAIL TO
City of Fairfield
1000 Webster Street
Fairfield CA 94533
APN 00170-050-480 portion and -49 SPACE ABOVE THIS LINE FOR RECORDER'S USE

GRANT DEED
The undersigned grantor(s) declare(s):

The purpose of this Grant Deed is to insert the new legal description into the chain of title.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF FAIRFIELD, a California municipal corporation,
Hereby GRANT(S) to CITY OF FAIRFIELD, a California municipal corporation, The land described herein is situated in the State of California, County of Solano, City of Fairfield, described in Exhibit 'E' and shown in Exhibit 'F' attached hereto and made a part hereof by reference.

Dated: ------------
City of Fairfield,
a municipal corporation
By: David Gassaway
Its: City Manager
Packet Page 135 of 204Attachment 4 Page 1 of 7

State of _
County of _
ss.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

SIGNATURE _
M AIL TAX STATEM ENTS TO PARTY SHOW N ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS

DI RECTED ABOVE

SAM E AS ABOVE
Nam e Street Address City & State
Packet Page 136 of 204Attachment 4 Page 2 of 7

EXHIB IT ·E·

LEG A L D ESC R IPT IO N

LO T LI N E A D JU ST M E N T - R ESU LTA N T

R EA L PR O PER TY IN T H E C ITY O F FA IR FI ELD , SO LA N O CO U N TY , AN D STAT E O F CA LI FO RN IA D ESC R IBED AS FO LLO W S:

BEIN G A PO R T IO N O F PA R C EL G A N D PA R C EL B A S SH O W N O N T H E "LA R G E LO T FIN A L M A P O F VILLA G ES AT FA IR FIELD - VILLA G E II " FILED JU N E 13, 2019 IN BO O K 94 O F SUBDI V ISIO N M A PS AT PA G ES 1-8 O F FIC IA L REC O R D S SO LA N O C O U N TY , T 5N , Rl W M D M SEC 17 NE 1/4 O F SW 1/4 RA NC H O T O LEN A S A N D M O R E PA RT IC U LA R LY D ESC R IB ED AS FO LLO W S:

RESULTANT PARCEL G
BEG IN N IN G AT T H E N O RT H ER N M O ST CO R N ER O F PA R C EL G A S SH O W N O N SA ID M A P.

T H EN C E FR O M SAID POI N T O F BEG IN N IN G , SO U T H 00°26'43" EAST , A DI STAN C E O F 243.62 FEET ; T H EN C E SO U T H 89°33'36 " W EST , A DI ST AN C E O F 97.32 FEET ; T H EN C E SO U T H 00 °26'26" EA ST , A DI STA N C E O F 10 0.00 FEET ; T H EN C E N O RT H 89°33'36" EAST , A D IST AN C E O F 97.33 FEET ; T H EN C E SO U T H 00°26'4 3" EAST , A DI ST AN C E O F 20.4 9 FEET ; T H EN C E SO U T H 89°33'17" W EST , A D ISTA N C E O F 93.00 FEET ; T H EN C E SO U T H 00 °26 '4 3" EA ST , A DI STA N C E O F 45.00 FEET ; T H EN C E A LO N G A TA N G EN T C U R V E CO N C AV E T O T H E NO RT H W EST , HA V IN G A RA DI US O F 15.00 FEET , SO U T H W EST ER LY 18 .4 6 FEET ALO N G SAID CU R V E T H R O U G H A CEN TRA L AN G LE O F 70°31'44"; T H EN C E N O R T H 00°26'4 3" W EST , A DI STA N C E O F 53.4 5 FEET ; T H EN C E N O RT H 75°32'34 " W EST , A DI ST AN C E O F 78.51 FEET ; T H EN C E SO U T H 89°33'17" W EST , A DI ST AN C E O F 132.11 FEET ; T H EN C E N O R T H 89°18 '27" W EST , A DI STA N C E O F 51.08 FEET ; T H EN C E N O RT H 76 °09 '40 " W EST , A D IST AN C E O F 48.23 FEET ; T H EN C E N O RT H 59°22'12 " W EST , A DI ST AN C E O F 47.06 FEET ; T H EN C E N O R T H 48°59'5 1" W EST , A DI STA N C E O F 56.00 FEET ; T H EN C E N O RT H 41 °00'09" EAST , A D IST AN C E O F 19.89 FEET ; T H EN C E ALO N G A T AN G EN T CU R V E C O N C AV E T O T H E SO U T H EAST , HA VIN G A RA DI US O F 40.00 FEET , N O R T H EA ST ER LY 12 .18 FEET ALO N G SA ID C U R V E T H R O U G H A CEN TRA L AN G LE O F 17°26'30"; Packet Page 137 of 204Attachment 4 Page 3 of 7

T H EN C E ALO N G A REV ER SE CU R V E C O N C AV E T O T H E W EST , HAVIN G A RA DI US O F 47.00 FEET , N O R T H ER LY 10 4 .8 4 FEET ALO N G SA ID CU R V E T H R O U G H A CEN TRA L AN G LE O F 127°48'31"; T H EN C E ALO N G A C O M PO U N D CU R VE C O N C A VE T O T H E SO U T H , HA VIN G A RA DIUS O F 47.00 FEET , W EST ER LY 8.09 FEET ALO N G SA ID C U R V E T H R O U G H A CEN T RA L AN G LE O F 09°51'39"; T H EN C E ALO N G A REV ER SE CU R V E C O N C AV E T O T H E NO RT H EA ST , HA V IN G A RA D IUS O F 40.00 FEET , W EST ER LY 17 .0 8 FEET ALO N G SAID CU R V E T H R O U G H A CEN T RA L AN G LE O F 24°27'47"; T H EN C E N O RT H 54°45'44" W EST , A DI STA N C E O F 15.63 FEET ; T H EN C E N O RT H 21 °2 1'08 " EA ST , A D IST AN C E O F 5.15 FEET ; T H EN C E N O RT H 73°36'53" EAST , A DI STA N C E O F 530.4 5 FEET T O T H E POI N T O F BEG IN N IN G .

C O N TAIN IN G 123,4 87 SQ U A R E FEET O R 2.83 AC R ES, M O R E O R LESS.

SEE EX H IBIT ·F·, PLAT T O AC CO M PA N Y D ESC R IPTI O N , ATT AC H ED H ER ET O A ND M A D E A PAR T H EREO F.

T H IS D ESC R IPTI O N H A S BEEN PR EPA R ED BY M E, O R UN D ER M Y DIR ECTI O N , IN CO N FORM A NC E W IT H

T H E PR O F ESSIO N A L LA N D SU R V EYO R S ACT ,
Packet Page 138 of 204Attachment 4 Page 4 of 7

EXHIBIT 'F'

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA

NORTHERN MOST

CORNER OF PARCEL G
& POINT OF BEGINNING
IP AIRCIEl IF
94-SICH

CITY OIF
IF ~IRIFIIElD

RESULTANT PARCEL G

2.83± ACRES
L11
I
LOT LINE ro-------...1
BE REMOVED 7
L10
L2
w
(/)

0...

NEW LOT
LINE IPOIRl!ON !RANCHO
'.J IPARCIEl r8 lrOllE~ll.S
94-SIDH COIRIP.

L4
L5
tor 3
94-SIDH
I L6 ~ p C1
I~ I
r~1 w
I~ I
LEGEND
PSE
PAE

PROPERTY BOUNDARY

EXISTING EASEMENT LINE

EXISTING PUBLIC SER VICE EASEMENT

EXISTING PUBLIC ACCESS EA SEMENT
0 50 100 200
SCALE:1 "= 100'
SEE SHEET 2 FOR TAG DATA
WOOO -ROOGE:~:S
BUILDING RELATIONSHIPS ONE PRO.JECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.84 7.1 556
PLEASA NTO N , CA 94 588 FAX 925.84 7.1 557
November 16, 2023 1135069 SHEET 1 OF 2
Packet Page 139 of 204Attachment 4 Page 5 of 7

EX H IBIT 'F'

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

LOT LINE ADJUSTMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA

LINE TABLE
NO. BEARING LENGTH
L1 S0"26'43"E 243.62'
L2 S89"33'36"W 97.32'
L3 S0°26'26"E 100.00'
L4 N89"33'36"E 97.33'
L5 S0"26'43"E 20.49'
L6 S89"33'17"W 93.00'
L7 S0"26'43"E 45.00'
L8 N0"26'43"W 53.45'
L9 N75"32'34"W 78.51'
L10 S89"33'1 TW 1 32.11'
L11 N89"18'27"W 51.08'
L12 N76"09' 40"W 48.23'
L 13 N59"22'12"W 47.06'
L14 N48"59'51 "W 56.00'
L15 N41 ·00•09"E 19.89'
L 16 N54"45'44"W 15.63'
L17 N21 ·21 '08"E 5.15'
L18 N73"36'53"E 530.45'

CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 15.00' 70·31 '44" 18.46'
C2 40.00' 17"26'30" 12.18'
C3 47.00' 127"48'31" 104.84'
C4 47.00' 9·51'39" 8.09'
C5 40.00' 24"27'47" 17.08'
• WOOD -ROOGE:~:S
BUILDING RELATIONSHIPS ONE PRO.JECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.847.1 556
PLEASA NTON , CA 94588 FAX 925.847.1 557
November 1 6, 2023 1135069 SHEET 2 OF 2
Packet Page 140 of 204Attachment 4 Page 6 of 7

C E R T IF IC A T E O F A C C E P T A N C E
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the attached Grant Deed from the City of Fairfield, a municipal corporation, to the City of Fairfield, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Fairfield pursuant to the authority conferred by the City of Fairfield Resolution No. 2023- __ , and the City of Fairfield consents to recordation thereof by its duly authorized officer.

Dated:

David Gassaway
City Manager
City of Fairfield
Packet Page 141 of 204Attachment 4 Page 7 of 7

R E C O R D IN G R E Q U E S T E D B Y

AND WHEN RECORDED MAIL TO
Fairfield-Suisun Sewer District
1010 Chadbourne Road
Fairfield CA 94534-9700
Attn: General Manager
APN 00170-050-480 portion and -490 SPACE ABOVE THIS LINE FOR RECORDER'S USE

GRANT DEED OF EASEMENT
The undersigned grantor(s) declare(s):

Documentary transfer tax is $_-0-_City Transfer Tax: $_-0- _ ( ) Unincorporated Area ( x ) City of Fairfield
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF FAIRFIELD, a California municipal corporation,
Hereby GRANT(S) to FAIRFIELD-SUISUN SEWER DISTRICT, a special district of the State of California, A non-exclusive easement for access purposes over a portion of the lands of the Granter, as described in Exhibit 'A' and shown in Exhibit 'B' attached hereto and made a part hereof by reference, which will be appurtenant to the land described in Exhibit 'C' attached hereto and made a part hereof.

Dated: ------------
City of Fairfield,
a municipal corporation
By: David Gassaway
Its: City Manager
Packet Page 142 of 204Attachment 5 Page 1 of 7

State of _
County of _
SS.

On before me, ------------------------------
Notary Public personally appeared _
___________________________________ who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

SIGNATURE _
MAIL TAX STATEMENTS TO PARTY SHOW N ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS

DIR ECTED ABOVE

SAM E AS ABOVE
N am e Street Address City & State
Packet Page 143 of 204Attachment 5 Page 2 of 7

E X H IB IT "A "

L E G A L D E S C R I P T I O N

A C C E S S E A S E M E N T

R EA L PR O PER TY IN T H E CITY O F FA IR FIELD , SO LA N O CO U N TY , AN D STAT E O F CA LI FO RNIA D ESC R IBED AS FO LLO W S:

BEIN G A PO RT IO N O F PA R C EL G A N D PA R C EL B A S SH O W N O N T H E "LA RG E LO T FIN A L M A P O F VILLA G ES AT FA IR FIELD - VILLAG E II " FILED JU N E 13, 2019 IN BO O K 94 O F SUB DI V ISIO N M A PS AT PAG ES 1-8 O F F IC IA L REC O R D S SO LA N O C O U N TY , T 5N , RlW M O M SEC 17 N E 1/4 O F SW 1/4 RA NCHO T O LEN A S A N D M O R E PA RT IC U LA R LY D ESC R IB ED AS FO LLO W S:

BEG IN N IN G AT A POI N T W H IC H BEA R S N O RT H 89°33'36" EA ST , A DI STAN C E O F 60.00 FEET FR OM T HE SO U T H EAST C O R N ER O F PA R C EL B AS SH O W N O N SA ID M A P.

T H EN C E FR O M SAID POI N T O F BEG IN N IN G , SO U T H 00°26'43" EAST , A DI ST AN C E O F 20.00 FEET ; T H EN C E SO U T H 89°33'17" W EST , A D ISTA N C E O F 33.00 FEET ; T H EN C E SO U T H 00 °26'4 3" EA ST , A DI ST AN C E O F 5.69 FEET ; T H EN C E SO U T H 89°33'17" W EST , A D ISTA N C E O F 10 .00 FEET ; T H EN C E N O RT H 75°32'34" W EST , A DI STAN C E O F 27.63 FEET ; T H EN C E N O RT H 14°27'26" EA ST , A DI ST AN C E O F 4.84 FEET ; T H EN C E FR O M A RA D IA L LI N E W H IC H BEA R S SO U T H 14°37'35" W EST , ALO N G A NO N-TA NG EN T CURV E C O N C AV E T O T H E NO RT H EA ST , H A V IN G A RA DI U S O F 41.00 FEET , NO RT HW EST ERLY 69.11 FEET A LO N G SA ID C U R V E T H R O U G H A CEN T RA L AN G LE O F 96 °34'48"; T H EN C E N O RT H 21 °12'23" EAST , A DI STA N C E O F 53.83 FEET ; T H EN C E A LO N G A T AN G EN T CU R V E C O N C AVE T O T H E SO U T H EAST , HA VIN G A RA DI US O F 55.00 FEET , N O R T H EA ST ER LY 65.61 FEET ALO N G SAID C U R V E T H R O U G H A C EN TRA L AN G LE O F 68°21'14"; T H EN C E N O R T H 89°33'36 " EAST , A DI STA N C E O F 62.4 2 FEET ; T H EN C E SO U T H 00 °26'24" EA ST , A DI ST AN C E O F 25.05 FEET ; T H EN C E SO U T H 89°33'36 " W EST , A DI ST AN C E O F 74.81 FEET ; T H EN C E SO U T H 00 °26'26" EA ST , A DI STA N C E O F 100.50 FEET ; T H EN C E N O R T H 89°33'17" EA ST , A D ISTA N C E O F 37.32 FEET T O T H E POI NT O F BEG IN N IN G.

C O N T AIN IN G 9,255 SQ U A R E FEET O R 0.212 AC R ES, M O R E O R LESS.

Packet Page 144 of 204Attachment 5 Page 3 of 7

SEE EX H IBIT ·B·, PLA T T O AC C O M PA N Y D ESC R IPTI O N , ATT AC H ED H ER ET O AND M A D E A PA RT HEREO F.

T H IS D ESC R IPTI O N H A S BEEN PR EPA R ED BY M E, O R UN D ER M Y DI R ECT IO N , IN CO N FOR M A N C E W IT H T H E PR O F ESSIO N A L LA N D SU R V EYO R S ACT .

RY~9177
Packet Page 145 of 204Attachment 5 Page 4 of 7

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PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

ACCESS EASEMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA
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EXHIBIT 'B'

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

ACCESS EASEMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA

LINE TABLE
NO. BEARING LENGTH
L1 S0'26'43"E 20.00'
L2 S89'33'17"W 33.00'
L3 S0'26'43"E 5.69'
L4 S89'33'17"W 10.00'
L5 N75'32'34"W 27.63'
L6 N14'27'26"E 4.84'
L7 N21 '12'23"E 53.83'
L8 N89'33'36"E 62.42'
L9 S0'26'24"E 25.05'
L10 S89'33'36"W 74.81'
L11 S0'26'26"E 100.50'
L12 N89'33'17"E 37.32'

CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 41.00' 96"34'48" 69.11'
C2 55.00' 68'21 '14" 65.61'
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EXHIB IT ·C·

LEG A L D ESC R IPT IO N

LO T LI N E A D JU ST M EN T - R ESU LTA N T

R EA L PR O PER TY IN T H E CITY O F FAIR FIELD , SO LA N O CO U N TY , AN D ST AT E O F CA LI FO RNIA D ESC R IBED AS FO LLO W S:

BEIN G A PO RT IO N O F PAR CEL B A S SH O W N O N T H E "LA R G E LO T FIN A L M A P O F VILLA G ES AT FA IR FIELD - VILLA G E II " FILED JU N E 13, 2019 IN BO O K 94 O F SU B DI V ISIO N M A PS AT PA G ES 1-8 O F FIC IA L R EC O R D S SO LA N O C O U N TY , T SN , RlW M D M SEC 17 N E 1/4 O F SW 1/4 RA NC HO T OLENA S AN D M O R E PA R TI C U LA R LY D ESC R IBED AS FO LLO W S:

RESULTANT PARCEL B
BEG IN N IN G AT T H E SO U T H EAST CO R N ER O F PAR C EL B AS SH O W N O N SAID M A P.

T H EN C E FR O M SA ID POI N T O F BEG IN N IN G , SO UT H 89°33'36" W EST , A DI ST ANCE O F 97.33 FEET ; T H EN C E N O R T H 00°26'26" W EST , A DI STA N C E O F 100.00 FEET ; T H EN C E N O R T H 89°33'36" EA ST , A DI ST AN C E O F 97.32 FEET ; T H EN C E SO U T H 00°26'43" EAST , A D ISTA N C E O F 100.00 FEET T O T H E POI N T O F BEG IN N ING .

C O N TAIN IN G 9,733 SQ U A R E FEET O R 0.223 AC R ES, M O R E O R LESS.

SEE EX H IB IT ·D ·, PLA T T O AC CO M PA N Y D ESC R IPTI O N , ATT AC H ED H ER ET O AND M A D E A PA RT H EREO F.

T H IS D ESC R IPT IO N H A S BEEN PR EPA R ED BY M E, O R UN D ER M Y DI R ECT IO N , IN CO N FO R M A NC E W IT H T H E PR O F ESSIO N A L LA N D SU R V EYO R S ACT .

RY~9177
Packet Page 148 of 204Attachment 5 Page 7 of 7

R E C O R D IN G R E Q U E S T E D B Y

GRANT DEED OF EASEMENT
The undersigned grantor(s) declare(s):

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF FAIRFIELD, a California municipal corporation,
Hereby GRANT(S) to FAIRFIELD-SUISUN SEWER DISTRICT, a special district of the State of California, A non-exclusive easement for fence purposes over a portion of the lands of the Granter, as described in Exhibit 'A' and shown in Exhibit 'B' attached hereto and made a part hereof by reference, which will be appurtenant to the land described in Exhibit 'C' attached hereto and made a part hereof.

Dated: ------------
City of Fairfield,
a municipal corporation
By: David Gassaway
Its: City Manager
Packet Page 149 of 204Attachment 6 Page 1 of 5

State of _
County of _
SS.

SIGNATURE _
M AIL TAX STATEMENTS TO PARTY SHOW N ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS

DI RECTED ABOVE

SAME AS ABOVE
Name Street Address City & State
Packet Page 150 of 204Attachment 6 Page 2 of 5

E X H IB IT "A "

L E G A L D E S C R I P TI O N

F E N C E E A S E M E N T

R EA L PR O PER TY IN T H E CITY O F FA IR FIELD , SO LA N O C O U N TY , A N D STAT E O F CA LI FO RN IA D ESC R IB ED AS FO LLO W S:

BEIN G A PO RT IO N O F PA R C EL G A N D PA RC EL B A S SH O W N O N T H E "LA R G E LO T FIN A L M A P O F VILLA G ES AT FAIR FIELD - VILLA G E n- FILED JU N E 13, 2019 IN BO O K 94 O F SU BDI V ISIO N M A PS AT PA G ES 1-8 O F F IC IA L REC O R D S SO LA N O C O U N TY , T 5N , R lW M D M SEC 17 N E 1/4 O F SW 1/4 RA NCH O T O LEN A S A N D M O R E PA RT IC U LA R LY D ESC R IB ED AS FO LLO W S:

AREA 1
C O M M EN C IN G AT T H E SO U T H EA ST CO R N ER O F PA R C EL B A S SH O W N O N SAID M A P. T HEN CE SOU TH 00 °26'4 3" EAST , A DISTA N C E O F 10 .0 0 FEET A LO N G T H E EAST LI N E O F SA ID PA RC EL G T O T HE POI NT O F BEG IN N IN G .

T H EN C E FR O M SA ID POI N T O F BEG IN N IN G , SO U T H 89°33'36" W EST , A D IST AN C E O F 10 7.33 FEET ; T H EN C E N O RT H 00 °26'26" W EST , A DI STA N C E O F 120.50 FEET ; T H EN C E N O RT H 89°33'36 " EA ST , A DI STAN C E O F 10 7.32 FEET ; T H EN C E SO U T H 00°26 '4 3" EA ST , A DI STAN C E O F 10.00 FEET ; T H EN C E SO U T H 89°33'36" W EST , A D IST AN C E O F 97.32 FEET ; T H EN C E SO U T H 00°26'26 " EA ST , A DI STAN C E O F 10 0.50 FEET ; T H EN C E N O RT H 89°33'36" EA ST , A DI ST AN C E O F 97.32 FEET ; T H EN C E SO U T H 00 °26'4 3" EAST , A DI STA N C E O F 10 .00 FEET T O T H E POI N T O F BEG IN N ING.

C O N TAIN IN G 3,151 SQ U A R E FEET O R 0.072 AC R ES, M O R E O R LESS.

SEE EX H IB IT ·B·, PLA T T O AC C O M PA N Y D ESC R IPTI O N , ATT A C H ED HER ET O AND M A D E A PA RT HEREO F.

T H IS D ESC R IPTI O N HA S BEEN PR EPA R ED BY M E, O R U N D ER M Y D IR ECTI O N , IN CO N FO RM A NC E W IT H T H E PR O FESSIO N A L LA N D SU R V EYO R S ACT .

RY A°ftt1.SEXTON/PLS 9177
Packet Page 151 of 204Attachment 6 Page 3 of 5

EX H IBIT 'B'

PLAT TO ACCOMPANY

DESCRIPTION

VILLAGES AT FAIRFIELD

FENCE EASEMENT

CITY OF FAIRFIELD

COUNTY OF SOL ANO STATE OF CALIFORNIA
IP AIRlCIEl G
94-SID-8
I w
(/)
N89"33'36"E 107.32' I • _o... ~ ½7// I~//-·
VF N89"33'36"E 97.32'
1 O' --1/

FENCE EASEMENT
3,151± SF
IPOIRll!OIN
IP fo\lRlCIEl 1B
94-SD-8

SO U TH EA ST C O RNER

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S89"33'36"W 97.32'
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LEGEND
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PROPERTY BOUNDARY

SUBJECT EASEMENT

EXISTING EASEMENT LINE

EXISTING PUBLIC SERVICE EASEMENT
0 20 40 80
SCALE:1 "= 40'

EXISTING PUBLIC ACCESS EASEMENT
WOOO -ROOGE:R:S
BUILDING RELATIONSHIPS ONE PRO.JECT AT A TIME
4670 WILLOW ROAD, STE 125 TEL 925.B47.1 556
PLEASANTON, CA 945B8 FAX 925.B47.1 557
November 9, 2023 1135069 SHEET 1 OF 1
Packet Page 152 of 204Attachment 6 Page 4 of 5

EXHIB IT ·C·

LEG A L D ESC R IPT IO N

LO T LI N E A D JU ST M E N T - R ESU LTA N T

R EA L PR O PER TY IN T H E CITY O F FA IR FIELD , SO LA N O CO U N TY , AN D STAT E O F CALI FO RNIA D ESC R IBED AS FO LLO W S:

BEIN G A PO R T IO N O F PAR C EL B A S SH O W N O N T H E "LA R G E LO T FIN A L M A P O F VILLA G ES AT FA IR FIELD - VILLA G E n- FILED JU N E 13, 2019 IN BO O K 94 O F SU B D IV ISIO N M A PS AT PAG ES 1-8 O F FIC IA L R EC O R D S SO LA N O C O U N TY , T SN , Rl W M O M SEC 17 N E 1/4 O F SW 1/4 RA NC HO T OLENA S A N D M O R E PA R TI C U LA R LY D ESC R IB ED AS FO LLO W S:

RESULTANT PARCEL B
BEG IN N IN G AT T H E SO UT H EA ST CO R N ER O F PA R C EL B AS SH O W N O N SA ID M A P.

T H EN C E FR O M SA ID POI N T O F BEG IN N IN G , SO U T H 89°33'36" W EST , A D IST ANCE O F 97.33 FEET ; T H EN C E N O R T H 00 °26'26 " W EST , A DI STA N C E O F 100.00 FEET ; T H EN C E N O RT H 89°33'36" EA ST , A DI STA N C E O F 97.32 FEET ; T H EN C E SO U T H 00 °26'43" EAST , A DI STA N C E O F 10 0.00 FEET T O T H E POI N T O F BEG IN NIN G .

C O N TAIN IN G 9,7 33 SQ U A R E FEET O R 0.223 AC R ES, M O R E O R LESS.

SEE EX H IBIT ·D ·, PLA T T O AC C O M PA N Y D ESC R IPT IO N , ATT AC H ED H ER ET O AN D M A D E A PA RT H EREOF.

T H IS D ESC R IPTI O N H A S BEEN PR EPA R ED BY M E, O R U N D ER M Y DI R ECT IO N , IN CO N FORM A NC E W IT H T H E PR O FESSIO N A L LA N D SU R V EYO R S ACT .

RY~9 177
Packet Page 153 of 204Attachment 6 Page 5 of 5

Agenda Item No: 12.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202408 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Goldhill Village III Subdivision as Complete RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the landscape improvements for the Goldhill Village III Subdivision as complete.

DISCUSSION
Albert D. Seeno Construction Company. (Developer) has completed all the required landscape improvements at the subdivision in accordance with the landscape subdivision improvement agreement approved by City Council on November 16, 2021, by Resolution No. 2021281.

Staff has inspected the landscape improvements and found them to be complete in accordance with City standards and the requirements of the landscape improvement agreement. The proposed resolution accepts the subdivision improvements as being complete, except for the obligation of the Developer to repair or reconstruct defective work for a period of one year after final acceptance.

FINANCIAL IMPACT
The development area was annexed to the Community Facilities District (CFD) 20122 to provide funding for the public safety services, open space operations, and park maintenance; and the Southbrook Lighting and Landscape Maintenance District (LLMD #10) for maintenance of public lighting and landscape, such as perimeter and median landscaping on Lopes Road. All landscaping is maintained by either the Homeowner’s association, various fronting property owners, or through LLMD #10 funding.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
Packet Page 154 of 204

Agenda Item No: 12.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202408 of the City Council of the City of Fairfield Accepting the LandscapeImprovements for the Goldhill Village III Subdivision as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the landscape improvements for the Goldhill Village IIISubdivision as complete.DISCUSSIONAlbert D. Seeno Construction Company. (Developer) has completed all the required landscapeimprovements at the subdivision in accordance with the landscape subdivision improvementagreement approved by City Council on November 16, 2021, by Resolution No. 2021281. Staff has inspected the landscape improvements and found them to be complete in accordance withCity standards and the requirements of the landscape improvement agreement. The proposedresolution accepts the subdivision improvements as being complete, except for the obligation of theDeveloper to repair or reconstruct defective work for a period of one year after final acceptance.FINANCIAL IMPACTThe development area was annexed to the Community Facilities District (CFD) 20122 to providefunding for the public safety services, open space operations, and park maintenance; and theSouthbrook Lighting and Landscape Maintenance District (LLMD #10) for maintenance of publiclighting and landscape, such as perimeter and median landscaping on Lopes Road. All landscaping ismaintained by either the Homeowner’s association, various fronting property owners, or through LLMD#10 funding.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 additional 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 1/2/2024 7:15 PM
Kaushal, Paul Approved 1/2/2024 8:40 PM
Beavers, Esther Approved 1/3/2024 1:18 PM
Beavers, Esther Approved 1/3/2024 1:19 PM
Packet Page 155 of 204

CITY OF FAIRFIELD

RESOLUTION NO. 2024-08

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE SUBDIVISION

IMPROVEMENTS FOR THE GOLDHILL VILLAGE III LANDSCAPE IMPROVEMENT AS COMPLETE

WHEREAS, the City Council approved a Subdivision Improvement Agreement with Albert D.

Seeno Construction Company (Developer) for the required subdivision improvements for the Goldhill Village III on November 16, 2021, by Resolution No. 2021-281; and

WHEREAS, the Developer has completed all of the required improvements in accordance with the Landscape Improvement Agreement approved by the council.

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

Section 1. The City hereby accepts the landscape improvements as complete pursuant to the agreement between the City and the Developer, approved by the council on November 16, 2021.

PASSED AND ADOPTED this 16th day of January 2024, 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 156 of 204Attachment 1 Page 1 of 1

Agenda Item No: 13.

AGENDA REPORT
DATE:January 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202409 of the City Council of the City of Fairfield Authorizing the City Manager to Approve the Police Department's Purchase of Two Unmanned Robots and to Update Lexipol Policy 711, Military Equipment, to Reflect the Change in Inventory, in Accordance with City Ordinance 202206
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Police Department utilizes unmanned robots for highrisk search warrants, barricaded suspects, explosives detection, and hostage rescue situations to increase safety for community members and peace officers. The robots currently in use are outdated and lack the technology, capabilities, and technical support of current robots. Assembly Bill 481 defines unmanned robots as military equipment and Fairfield City Ordinance 202206 and Fairfield Municipal Code Chapter 31 requires City Council approval for the acquisition of military equipment; therefore, the Police Department seeks approval to purchase two new robots and to modify Lexipol Policy 711, Military Equipment, to reflect the replacement of the current robots.

DISCUSSION
Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a peace officer. Not having access to this item would require the use of peace officers to engage in highrisk tasks. There is no known alternative to this system. Robots are essential equipment for the SWAT team and provide safe communications options, deescalation opportunities, and assistance with locating and apprehending violent offenders.

Throughout the last 12 years, Fairfield SWAT robots have been used to search dangerous locations and to examine explosive devices in a backyard.

The Special Weapons and Tactics (SWAT) Team is authorized three robots: two Robotex Avatar II robots and one Recon Robotics Throwbot. Two of the robots are over ten years old and the other was purchased in 2016. Robotex went out of business in January of 2023 and no longer provides technical support for the robots. The current robots have limitations with cameras and video, climbing stairs using track systems, navigating items such as loose clothing on the floor, setup time, and the microphone and Packet Page 157 of 204

Modern technology has advanced beyond the capabilities of the current robots. Due to the age and limitations of current robots, the availability of new technology, and the lack of technical support from Robotex, the Police Department is seeking to update its inventory.

Based on the special criteria the SWAT team has for the proposed purchase, quotes were solicited from various vendors. The Department sought a single vendor that could provide multiple types of unmanned robotics that support specific missions to help unify training, service, and support.

Transcends Robotics remained the most competitive manufacturer. Other manufacturers provided similar capabilities at higher costs. A direct comparison was only made between Transcends Robotics and Airworx Unmanned Solutions.

SuperDroid Robots HD2S Doberman $52,754.74
SuperDroid Robots LT2F Bloodhound $50,709.10
Aardvark Tactical – Not currently selling to police departments Adorama Packbot $186,171
ICOR CaliberFlex $220,256.93
ICOR Mini Caliber $61,661.68
Recon Robotics Throwbot2 $15,085.80
Airworx Unmanned Solutions Mini Vantage $17,500
Airworx Unmanned Solutions Vantage $33,500
Airworx Total $51,000
Transcends Robotics Mini Vantage $13,500
Transcends Robotics Vantage $29,397
Transcends Robotics Total $42,897
Transcends Robotics manufactures robots with a 98% success rate on first attempts at stair climbs, 15 second time frames to set up and deploy, and a 14day turnaround to repair any issues. The requested robots match and improve upon the capabilities of the current Police Department robots in the areas of battery life, operational capabilities, decreased set up time, and the availability of technical support.

They are equipped with Forward Looking Infra Red (FLIR) night vision and eight Infra Red (IR) automatic LEDS on a Pan Tilt Zoom camera. The robots will meet industry standards and utilize night vison as required in the original Justice Assistance Grant (JAG) funding proposal. The robot is used by several agencies throughout the nation to include a police SWAT team within the County of Solano.

Transcends Robotics is an approved vendor with the Police Department and was selected based on current industry standards, a performance demonstration attended by members of the SWAT team, another Solano County agency using the same robot, and because Transcends Robotics is known to be the current industry leader for the types of robots requested. SWAT team members worked with Transcends Robotics to get the lowest price possible.

Transcends robots provide the following advantages and capabilities:

Vantage Robot Specifications:

Climbs stairs, and obstacles up to 12 inches with the push of a joy stick Maneuvers easily on tight staircase landings
Camera Suite: Color drive camera, pan tilt zoom (25x zoom), FLIR thermal and auto IR night vision
Looks on top of beds, tables, and down into bathtubs without an arm Excels at traversing clothes such as underwear and sheets Push To Talk 2Way Audio
Sensitive robot microphone can listen from up to 20 feet away 3hour continuous runtime
12hour idle runtime
Packet Page 158 of 204

Agenda Item No: 13.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202409 of the City Council of the City of Fairfield Authorizing the CityManager to Approve the Police Department's Purchase of Two Unmanned Robots andto Update Lexipol Policy 711, Military Equipment, to Reflect the Change in Inventory, inAccordance with City Ordinance 202206RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Police Department utilizes unmanned robots for highrisk search warrants, barricadedsuspects, explosives detection, and hostage rescue situations to increase safety for communitymembers and peace officers. The robots currently in use are outdated and lack the technology,capabilities, and technical support of current robots. Assembly Bill 481 defines unmanned robots asmilitary equipment and Fairfield City Ordinance 202206 and Fairfield Municipal Code Chapter 31requires City Council approval for the acquisition of military equipment; therefore, the PoliceDepartment seeks approval to purchase two new robots and to modify Lexipol Policy 711, MilitaryEquipment, to reflect the replacement of the current robots.DISCUSSIONUnmanned ground robots are used for reconnaissance during critical incidents to assist in providingvisibility in areas where it would be unsafe to send a peace officer. Not having access to this item wouldrequire the use of peace officers to engage in highrisk tasks. There is no known alternative to thissystem. Robots are essential equipment for the SWAT team and provide safe communications options,deescalation opportunities, and assistance with locating and apprehending violent offenders.Throughout the last 12 years, Fairfield SWAT robots have been used to search dangerous locationsand to examine explosive devices in a backyard.The Special Weapons and Tactics (SWAT) Team is authorized three robots: two Robotex Avatar IIrobots and one Recon Robotics Throwbot. Two of the robots are over ten years old and the other waspurchased in 2016. Robotex went out of business in January of 2023 and no longer provides technicalsupport for the robots. The current robots have limitations with cameras and video, climbing stairs usingtrack systems, navigating items such as loose clothing on the floor, setup time, and the microphone andspeaker system. The current robots are also mechanically failing and are regularly sent out for repair. Modern technology has advanced beyond the capabilities of the current robots. Due to the age andlimitations of current robots, the availability of new technology, and the lack of technical support fromRobotex, the Police Department is seeking to update its inventory.Based on the special criteria the SWAT team has for the proposed purchase, quotes were solicitedfrom various vendors. The Department sought a single vendor that could provide multiple types ofunmanned robotics that support specific missions to help unify training, service, and support. Transcends Robotics remained the most competitive manufacturer. Other manufacturers providedsimilar capabilities at higher costs. A direct comparison was only made between Transcends Roboticsand Airworx Unmanned Solutions.SuperDroid Robots HD2S Doberman $52,754.74SuperDroid Robots LT2F Bloodhound $50,709.10Aardvark Tactical – Not currently selling to police departmentsAdorama Packbot $186,171ICOR CaliberFlex $220,256.93ICOR Mini Caliber $61,661.68Recon Robotics Throwbot2 $15,085.80Airworx Unmanned Solutions Mini Vantage $17,500Airworx Unmanned Solutions Vantage $33,500Airworx Total $51,000Transcends Robotics Mini Vantage $13,500Transcends Robotics Vantage $29,397Transcends Robotics Total $42,897Transcends Robotics manufactures robots with a 98% success rate on first attempts at stair climbs, 15second time frames to set up and deploy, and a 14day turnaround to repair any issues. The requestedrobots match and improve upon the capabilities of the current Police Department robots in the areas ofbattery life, operational capabilities, decreased set up time, and the availability of technical support.They are equipped with Forward Looking Infra Red (FLIR) night vision and eight Infra Red (IR)automatic LEDS on a Pan Tilt Zoom camera. The robots will meet industry standards and utilize nightvison as required in the original Justice Assistance Grant (JAG) funding proposal. The robot is used byseveral agencies throughout the nation to include a police SWAT team within the County of Solano.Transcends Robotics is an approved vendor with the Police Department and was selected based oncurrent industry standards, a performance demonstration attended by members of the SWAT team,another Solano County agency using the same robot, and because Transcends Robotics is known tobe the current industry leader for the types of robots requested. SWAT team members worked withTranscends Robotics to get the lowest price possible.Transcends robots provide the following advantages and capabilities:Vantage Robot Specifications:Climbs stairs, and obstacles up to 12 inches with the push of a joy stickManeuvers easily on tight staircase landingsCamera Suite: Color drive camera, pan tilt zoom (25x zoom), FLIR thermal and auto IR nightvisionLooks on top of beds, tables, and down into bathtubs without an armExcels at traversing clothes such as underwear and sheetsPush To Talk 2Way AudioSensitive robot microphone can listen from up to 20 feet away 3hour continuous runtime
12hour idle runtime
Mini Vantage Specifications:

Climb up to 8 inches
2hour continuous runtime / 3hour idle time
Ability to drive over clothes
Camera suite: 120° color drive camera, LED light bar, auto camera orientation flip Rugged and impact resistant wheels
Entirely selfserviceable with tool kit
Cost effective motor and wheel replacements
May be thrown through windows
Fairfield City Ordinance 202206 and City of Fairfield Municipal Code Chapter 31 requires City Council approval for the funding, acquisition, and use of military equipment.Assembly Bill 481 defines these unmanned robots as military equipment and therefore requires City Council approval for the acquisition and modification to the Police Department’s Lexipol Policy 711 to reflect the change in inventory.

The Police Department requests the approval to purchase two Transcends Robotics robots, the Vantage and Mini Vantage utilizing funds from the Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and the modification to Lexipol Policy 711 to reflect the change in inventory. The total purchase price of the Vantage and Mini Vantage robots is $42,897, including trade in for the two existing obsolete Robotex Avatar II robots and the one Recon Robotics Throwbot.

FINANCIAL IMPACT
The Fairfield Police Department was awarded funds from the Bureau of Justice Administration Fiscal Year 2021 Edward Byrne Memorial JAG program in the amount of $42,897. This amount covers the purchase price of the Vantage and Mini Vantage robots including tax and shipping.

Funds are budgeted in the Police Department Special Programs Fund (Fund 155, Organization Code 50199, Project Code 10591).

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

STAFF CONTACT
Sam Rowland, Lieutenant
(707) 4287702
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Transcends Robotics Proposal
Attachment 3: Airworx Proposal Mini
Attachment 4: Airworx Proposal Vantage
Attachment 5: Recon Robotics Proposal
Packet Page 159 of 204

Agenda Item No: 13.AGENDA REPORTDATE:January 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202409 of the City Council of the City of Fairfield Authorizing the CityManager to Approve the Police Department's Purchase of Two Unmanned Robots andto Update Lexipol Policy 711, Military Equipment, to Reflect the Change in Inventory, inAccordance with City Ordinance 202206RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Police Department utilizes unmanned robots for highrisk search warrants, barricadedsuspects, explosives detection, and hostage rescue situations to increase safety for communitymembers and peace officers. The robots currently in use are outdated and lack the technology,capabilities, and technical support of current robots. Assembly Bill 481 defines unmanned robots asmilitary equipment and Fairfield City Ordinance 202206 and Fairfield Municipal Code Chapter 31requires City Council approval for the acquisition of military equipment; therefore, the PoliceDepartment seeks approval to purchase two new robots and to modify Lexipol Policy 711, MilitaryEquipment, to reflect the replacement of the current robots.DISCUSSIONUnmanned ground robots are used for reconnaissance during critical incidents to assist in providingvisibility in areas where it would be unsafe to send a peace officer. Not having access to this item wouldrequire the use of peace officers to engage in highrisk tasks. There is no known alternative to thissystem. Robots are essential equipment for the SWAT team and provide safe communications options,deescalation opportunities, and assistance with locating and apprehending violent offenders.Throughout the last 12 years, Fairfield SWAT robots have been used to search dangerous locationsand to examine explosive devices in a backyard.The Special Weapons and Tactics (SWAT) Team is authorized three robots: two Robotex Avatar IIrobots and one Recon Robotics Throwbot. Two of the robots are over ten years old and the other waspurchased in 2016. Robotex went out of business in January of 2023 and no longer provides technicalsupport for the robots. The current robots have limitations with cameras and video, climbing stairs usingtrack systems, navigating items such as loose clothing on the floor, setup time, and the microphone andspeaker system. The current robots are also mechanically failing and are regularly sent out for repair. Modern technology has advanced beyond the capabilities of the current robots. Due to the age andlimitations of current robots, the availability of new technology, and the lack of technical support fromRobotex, the Police Department is seeking to update its inventory.Based on the special criteria the SWAT team has for the proposed purchase, quotes were solicitedfrom various vendors. The Department sought a single vendor that could provide multiple types ofunmanned robotics that support specific missions to help unify training, service, and support. Transcends Robotics remained the most competitive manufacturer. Other manufacturers providedsimilar capabilities at higher costs. A direct comparison was only made between Transcends Roboticsand Airworx Unmanned Solutions.SuperDroid Robots HD2S Doberman $52,754.74SuperDroid Robots LT2F Bloodhound $50,709.10Aardvark Tactical – Not currently selling to police departmentsAdorama Packbot $186,171ICOR CaliberFlex $220,256.93ICOR Mini Caliber $61,661.68Recon Robotics Throwbot2 $15,085.80Airworx Unmanned Solutions Mini Vantage $17,500Airworx Unmanned Solutions Vantage $33,500Airworx Total $51,000Transcends Robotics Mini Vantage $13,500Transcends Robotics Vantage $29,397Transcends Robotics Total $42,897Transcends Robotics manufactures robots with a 98% success rate on first attempts at stair climbs, 15second time frames to set up and deploy, and a 14day turnaround to repair any issues. The requestedrobots match and improve upon the capabilities of the current Police Department robots in the areas ofbattery life, operational capabilities, decreased set up time, and the availability of technical support.They are equipped with Forward Looking Infra Red (FLIR) night vision and eight Infra Red (IR)automatic LEDS on a Pan Tilt Zoom camera. The robots will meet industry standards and utilize nightvison as required in the original Justice Assistance Grant (JAG) funding proposal. The robot is used byseveral agencies throughout the nation to include a police SWAT team within the County of Solano.Transcends Robotics is an approved vendor with the Police Department and was selected based oncurrent industry standards, a performance demonstration attended by members of the SWAT team,another Solano County agency using the same robot, and because Transcends Robotics is known tobe the current industry leader for the types of robots requested. SWAT team members worked withTranscends Robotics to get the lowest price possible.Transcends robots provide the following advantages and capabilities:Vantage Robot Specifications:Climbs stairs, and obstacles up to 12 inches with the push of a joy stickManeuvers easily on tight staircase landingsCamera Suite: Color drive camera, pan tilt zoom (25x zoom), FLIR thermal and auto IR nightvisionLooks on top of beds, tables, and down into bathtubs without an armExcels at traversing clothes such as underwear and sheetsPush To Talk 2Way AudioSensitive robot microphone can listen from up to 20 feet away3hour continuous runtime12hour idle runtime Mini Vantage Specifications:Climb up to 8 inches2hour continuous runtime / 3hour idle timeAbility to drive over clothesCamera suite: 120° color drive camera, LED light bar, auto camera orientation flipRugged and impact resistant wheelsEntirely selfserviceable with tool kitCost effective motor and wheel replacementsMay be thrown through windows Fairfield City Ordinance 202206 and City of Fairfield Municipal Code Chapter 31 requires City Councilapproval for the funding, acquisition, and use of military equipment.Assembly Bill 481 defines theseunmanned robots as military equipment and therefore requires City Council approval for the acquisitionand modification to the Police Department’s Lexipol Policy 711 to reflect the change in inventory. The Police Department requests the approval to purchase two Transcends Robotics robots, theVantage and Mini Vantage utilizing funds from the Fiscal Year 2021 Edward Byrne Memorial JusticeAssistance Grant (JAG) Program and the modification to Lexipol Policy 711 to reflect the change ininventory. The total purchase price of the Vantage and Mini Vantage robots is $42,897, including tradein for the two existing obsolete Robotex Avatar II robots and the one Recon Robotics Throwbot.FINANCIAL IMPACTThe Fairfield Police Department was awarded funds from the Bureau of Justice Administration FiscalYear 2021 Edward Byrne Memorial JAG program in the amount of $42,897. This amount covers thepurchase price of the Vantage and Mini Vantage robots including tax and shipping.Funds are budgeted in the Police Department Special Programs Fund (Fund 155, Organization Code50199, Project Code 10591).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe City Council may choose not to adopt the resolution.STAFF CONTACTSam Rowland, Lieutenant(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Transcends Robotics ProposalAttachment 3: Airworx Proposal Mini Attachment 4: Airworx Proposal Vantage
Attachment 5: Recon Robotics Proposal
Attachment 6: ICOR Proposal Flex
Attachment 7: ICOR Proposal Mini
Attachment 8: Adorama Proposal
Attachment 9: Aardvark Response to Request for Proposal Attachment 10: SuperDroid Proposal Doberman
Attachment 11: SuperDroid Proposal Bloodhound
REVIEWERS:

Reviewer Action Date
Marshall, Dan Approved 1/2/2024 6:05 PM
Beavers, Esther Approved 1/2/2024 8:11 PM
Beavers, Esther Approved 1/2/2024 8:13 PM
Packet Page 160 of 204

CITY OF FAIRFIELD

RESOLUTION NO. 2024-09

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO APPROVE THE POLICE DEPARTMENT’S PURCHASE OF TWO UNMANNED ROBOTS AND TO UPDATE LEXIPOL POLICY 711, MILITARY EQUIPMENT, TO REFLECT THE CHANGE IN INVENTORY, IN ACCORDANCE WITH CITY ORDINANCE 2022-06

WHEREAS, Fairfield City Ordinance 2022-06 and City of Fairfield Municipal Code Chapter 31 require City Council approval for the funding, acquisition, or use of military equipment ; and

WHEREAS, unmanned robots are defined as military equipment per Assembly Bill 481 ; and

WHEREAS, currently operated Police Department unmanned robots are outdated and la ck available technical support; and

WHEREAS, unmanned robots are a necessary tool used by the Police Department to perform reconnaissance, attempt de-escalation, and prevent peace officers from entering high-risk situations during critical incidents; and

WHEREAS, the Police Department has been awarded $42,897 from the 2021 Edward Byrne Memorial JAG grant for the purchase of robots.

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

Section 1. The City Council hereby authorizes the city manager to approve the Police Department’s purchase of two unmanned robots in the amount of $42,897.

Section 2. The council hereby authorizes the Police Department to update Lexipol Policy 711, Military Equipment, to reflect the change in inventory.

Packet Page 161 of 204Attachment 1 Page 1 of 2

RES. NO. 2024-09

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Fairfield City CouncilJanuary 16, 2024

Fairfield City Council
January 16, 2024