Agenda, first session — Fairfield City Council, April 2, 2024

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 CALL TO ORDER 6:00 PM
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PRESENTATIONS

1.Bay Delta Conservation Plan Water Impacts Presented by the Solano County Water Agency (SCWA)
Contact:Michael Hether, (707) 4287493
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

2.Resolution 202463 of the City Council of the City of Fairfield Approving a Right of Entry Agreement with Comcast Cable Communications Management, LLC.

Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Savita Chaudhary, (707) 4287582
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILTUESDAY, APRIL 2, 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 Dexter Thomas, Fairfield Community Seventh Adventist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Bay Delta Conservation Plan Water Impacts Presented by the Solano County Water Agency(SCWA)Contact:Michael Hether, (707) 4287493aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Resolution 202463 of the City Council of the City of Fairfield Approving a Right of EntryAgreement with Comcast Cable Communications Management, LLC.Recommended ActionAdopt resolution.Funding Source N/A
Contact:Savita Chaudhary, (707) 4287582
a

3.Resolution 202464 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Cement Hill Retail Center) to Community Facilities District No. 2023 2 (Train Station Specific Plan II) and Authorizing the Levy of Special Taxes Therein for Annexation No. 1 Recommended Action
Adopt resolution.

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

4.Minute Action Approving Mayor’s Appointments to the Youth Commission Recommended Action
Approve appointments. Perform oath of office.

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

5.Public Hearing; and
Resolution 202465 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of Denial for Renewal of Business License # 99000054 for Panderia La Mexicana Located at 1972 N. Texas Street #H, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code Recommended Action
Hold a public hearing and adopt resolution approving/sustaining or denying/overruling the appeal of the revocation of business license #99000054 for Panderia La Mexicana.

Funding Source
N/A
Contact:Jeremy Profitt, (707) 4287709
a
ADJOURN TO TUESDAY, APRIL 16, 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
I, Delaney Dombrowski, 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, March 28, 2024.

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Agenda Item No: 2.

AGENDA REPORT
DATE:April 2, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202463 of the City Council of the City of Fairfield Approving a Right of Entry Agreement with Comcast Cable Communications Management, LLC.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Information Technology (IT) department seeks approval to contract with Comcast Cable Communications Management, LLC (Comcast) for a Right of Entry (ROE) agreement.

DISCUSSION
This ROE agreement will permit Comcast access to the City's 1000 Webster Street property to perform installation, operation, and maintenance services. Currently, Comcast provides circuits at multiple city locations for Internet, cable services, TV adapters and boxes. Additionally, Comcast serves as the secondary Internet provider to the City. This agreement grants Comcast nonexclusive, temporary access to the property to conduct installation, operation, and maintenance services at Comcast’s sole cost and expense. Comcast will install and maintain its cable and other equipment at the property to facilitate the provision of communications services to the City.

Comcast will contact the City at least 72 hours before work begins, and as soon as practicable for work that requires immediate attention. Comcast shall not enter the property without an escort by a City employee.

FINANCIAL IMPACT
There is no fiscal impact associated with approving this agreement.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
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Agenda Item No: 2.AGENDA REPORTDATE:April 2, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202463 of the City Council of the City of Fairfield Approving a Right of EntryAgreement with Comcast Cable Communications Management, LLC.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Information Technology (IT) department seeks approval to contract with Comcast CableCommunications Management, LLC (Comcast) for a Right of Entry (ROE) agreement.DISCUSSIONThis ROE agreement will permit Comcast access to the City's 1000 Webster Street property to performinstallation, operation, and maintenance services. Currently, Comcast provides circuits at multiple citylocations for Internet, cable services, TV adapters and boxes. Additionally, Comcast serves as thesecondary Internet provider to the City. This agreement grants Comcast nonexclusive, temporaryaccess to the property to conduct installation, operation, and maintenance services at Comcast’s solecost and expense. Comcast will install and maintain its cable and other equipment at the property tofacilitate the provision of communications services to the City.Comcast will contact the City at least 72 hours before work begins, and as soon as practicable for workthat requires immediate attention. Comcast shall not enter the property without an escort by a Cityemployee.FINANCIAL IMPACTThere is no fiscal impact associated with approving this agreement.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
The council may choose not to adopt the resolution. If the ROE agreement is not approved, however, Comcast will not be granted legal right to provide the necessary site services.

STAFF CONTACT
Eudora Fleischman, IT Manager
(707) 4287527
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 3/13/2024 4:59 PM
Dombrowski, Delaney Approved 3/13/2024 6:05 PM
Dombrowski, Delaney Approved 3/13/2024 6:05 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-63

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A RIGHT OF ENTRY

AGREEMENT WITH COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC

WHEREAS, the Information Technology (IT) department has multiple contracts with Comcast Cable Communications Management, LLC (Comcast); and

WHEREAS, Comcast provides circuits at multiple city locations for Internet, cable services, TV adapters and boxes; and

WHEREAS, the Right of Entry (ROE) agreement will permit Comcast to enter the City’s buildings at 1000 Webster Street for necessary site services.

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

Section 1. The City Council authorizes the ROE agreement with Comcast.

Section 2. The council hereby authorizes the city manager or designee to take all steps necessary or useful to implement this resolution.

PASSED AND ADOPTED this 2nd day of April 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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Agenda Item No: 3.

AGENDA REPORT
DATE:April 2, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202464 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Cement Hill Retail Center) to Community Facilities District No. 2023 2 (Train Station Specific Plan II) and Authorizing the Levy of Special Taxes Therein for Annexation No. 1
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 Cement Hill Retail Center, to Community Facilities District 2023 2 (Train Station Specific Plan II) (CFD 2023 2 or District). CFD 2023 2 was established as an annexable district to provide funding to offset the increased costs associated with the new development for public safety services; maintenance and operation of public parks and public open space; operation and maintenance of public cemeteries; maintenance and operation of landscaping, linear parks, storm drainage basins, streets lights, pump stations, and/or the public lake.

DISCUSSION
The Train Station Specific Plan (TSSP) is a development plan and design for a new community environment in the northeast portion of the City that was approved by City Council in 2011. To minimize the financial impact to the City, all new development in the TSSP is required to be a part of a CFD.

These funds will be used for public safety services, all associated administrative support, and the operation and maintenance of public parks, public open space, public cemeteries, public landscaping, linear parks, storm drainage basins, streets lights, pump stations, and/or the public lake in the TSSP (Services). CFD 20181 and CFD 20232 were established in 2018 and 2023 by Resolution Nos. 2018211 and 2023204, respectively, to fund the Services through the annual collection of special taxes levied on properties in the districts.

The property proposed for annexation is owned by KSC Capital Investments LLC, a California Limited Liability Company, and SKC & Brothers LLC, a California Limited Liability Company. The property is located west of Peabody Road and south of Cement Hill Road within the boundary of assessor’s parcel Packet Page 9 of 88

The property is located directly adjacent to the southwest border of the TSSP boundaries. Due to the proximity of the development to the TSSP, the City has determined that these parcels will receive benefit from the Services and is required to annex to CFD 20232.

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 Mello Roos community facilities district.

Adoption of the Resolution of Intention is the first step to annex this property to CFD 2023 2. This will be the first annexation to the district. The resolution also establishes May 7, 2024, as the public hearing date for the final consideration of the annexation of the property to CFD 2023 2. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property beginning in fiscal year (FY) 2024 2025, as itemized on their property tax bill in accordance with the rate set forth in the CFD 2023 2 Rate and Method of Apportionment of Special Tax.

The CFD 2023 2 Rate and Method of Apportionment was established as part of the formation of the District and fixed FY 2023 2024 as the base year for the annual special tax rate as shown in Exhibit B.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 2023 2 Fund 336) for this annexation is estimated to be $7,739.14, which is based on the FY 2023 2024 maximum special tax rates for a developed commercial property in Zone 1. The CFD 2023 2 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) 428 7089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
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Agenda Item No: 3.AGENDA REPORTDATE:April 2, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202464 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Cement Hill Retail Center) to Community Facilities District No. 2023 2(Train Station Specific Plan II) and Authorizing the Levy of Special Taxes Therein forAnnexation No. 1RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as Cement Hill Retail Center, to Community Facilities District 2023 2 (Train Station SpecificPlan II) (CFD 2023 2 or District). CFD 2023 2 was established as an annexable district to providefunding to offset the increased costs associated with the new development for public safety services;maintenance and operation of public parks and public open space; operation and maintenance ofpublic cemeteries; maintenance and operation of landscaping, linear parks, storm drainage basins,streets lights, pump stations, and/or the public lake.DISCUSSIONThe Train Station Specific Plan (TSSP) is a development plan and design for a new communityenvironment in the northeast portion of the City that was approved by City Council in 2011. To minimizethe financial impact to the City, all new development in the TSSP is required to be a part of a CFD.These funds will be used for public safety services, all associated administrative support, and theoperation and maintenance of public parks, public open space, public cemeteries, public landscaping,linear parks, storm drainage basins, streets lights, pump stations, and/or the public lake in theTSSP (Services). CFD 20181 and CFD 20232 were established in 2018 and 2023 by ResolutionNos. 2018211 and 2023204, respectively, to fund the Services through the annual collection of specialtaxes levied on properties in the districts.The property proposed for annexation is owned by KSC Capital Investments LLC, a California LimitedLiability Company, and SKC & Brothers LLC, a California Limited Liability Company. The property islocated west of Peabody Road and south of Cement Hill Road within the boundary of assessor’s parcelnumber (APN) 0170250060 & 0170250070, as depicted on Exhibit A. The development on theproperty will be a drivethrough car wash, a convenience store, and a gas station. Development of thisproperty 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 2023 2. The property is located directly adjacent to the southwest border of the TSSP boundaries. Due to theproximity of the development to the TSSP, the City has determined that these parcels will receivebenefit from the Services and is required to annex to CFD 20232. The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995, on an individual consultant services basis for each development requiringannexation into a Mello Roos community facilities district.Adoption of the Resolution of Intention is the first step to annex this property to CFD 2023 2. This will bethe first annexation to the district. The resolution also establishes May 7, 2024, as the public hearingdate for the final consideration of the annexation of the property to CFD 2023 2. Once the annexation iscomplete, the property owners will be required to pay annual special taxes for the property beginning infiscal year (FY) 2024 2025, as itemized on their property tax bill in accordance with the rate set forth inthe CFD 2023 2 Rate and Method of Apportionment of Special Tax.The CFD 2023 2 Rate and Method of Apportionment was established as part of the formation of theDistrict and fixed FY 2023 2024 as the base year for the annual special tax rate as shown in Exhibit B.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 2023 2 Fund 336) for this annexationis estimated to be $7,739.14, which is based on the FY 2023 2024 maximum special tax rates for adeveloped commercial property in Zone 1. The CFD 2023 2 maximum special tax rates include anautomatic annual consumer price index (CPI) adjustment. The process for the annexation is funded bythe developer and no general fund monies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions concerning the required annexation of this development, this item maybe rescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428 [email protected] WITHN/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 3/18/2024 4:31 PM
Kaushal, Paul Approved 3/18/2024 5:42 PM
Dombrowski, Delaney Approved 3/18/2024 5:45 PM
Dombrowski, Delaney Approved 3/18/2024 5:46 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-64

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (CEMENT HILL RETAIL CENTER) TO COMMUNITY FACILITIES DISTRICT NO. 2023-2 (TRAIN STATION SPECIFIC PLAN II) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 1

WHEREAS, the City Council has conducted proceedings to establish Community Facilities District No. 2023-2 (Train Station Specific Plan II) (CFD 2023-2) 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; and

WHEREAS, the territory is located directly adjacent to the southwest border of the Train Station Specific Plan (TSSP) boundaries and, due to the proximity of the territory to the TSSP, the City has determined that territory will receive benefit from the services provided by CFD 2023-2 and is required to annex to district.

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. 2023-2 (Train Station Specific Plan II).”

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 26 of Maps of Assessment and Community Facilities Districts at page 82 in the Office of the County Recorder, County of Solano, State of California, to which map reference is hereby made.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 1 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. 1 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. 2024-64

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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. 2023-204 adopted by the council on the 18th day of July 2023 (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 hereby incorporated by this reference.

Section 6. Notice is given that on May 7, 2024, at 6:00 p.m., in the regular meeting place of the council at Council Chamber, 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 n ecessity 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. 2024-64

Page 3 ends

PASSED AND ADOPTED this 2nd day of April 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Peabody RdCement Hill RdANNEXATION MAP NO. 1 (CEMENT HILL RETAIL CENTER)COMMUNITY FACILITIES DISTRICT NO. 2023-2(TRAIN STATION SPECIFIC PLAN II)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapPeabody RdMarkeley LnCement Hill RdVanden RdSiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 1 (CEMENT HILL RETAILCENTER) OF COMMUNITY FACILITIES DISTRICT NO. 2023-2 TRAINSTATION SPECIFIC PLAN II), CITY OF FAIRFIELD, COUNTY OFSOLANO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITYCOUNCIL OF THE CITY OF FAIRFIELD AT A REGULAR MEETING,THEREOF, HELD ON THE ____________ DAY OF ____________, 20___,BY ITS RESOLUTION NO. ___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___,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. 2023-2 (TRAIN STATION SPECIFIC PLAN II)OF THE CITY OF FAIRFIELD RECORDED WITH THE SOLANO COUNTYRECORDER’S OFFICE ON JUNE 28, 2023, IN BOOK 26 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGE 82AS INSTRUMENT NUMBER 202300027561.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 1LegendAnnexation 1Map Reference Number112MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0170-250-0602 0170-250-070Packet Page 15 of 88Attachment 2 Page 1 of 1

Exhibit B

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

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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

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

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

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

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

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to administration of the CFD: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof, or both); the costs of collecting Special Taxes; the costs to the City, CFD, or any designee thereof of complying with City, CFD, or obligated persons disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Tax; the City's annual administration fees and third party expenses; and any other incidental costs authorized by the Act. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD, including attorney's fees and costs associated with annexations to the CFD. In addition, all services and administration shall be provided by the City of Fairfield (City), with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. The cost of the Services shall include the Packet Page 16 of 88Attachment 3 Page 1 of 10

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

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

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

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

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

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

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

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

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

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

"City" means the City of Fairfield.

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

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

"County" means the County of Solano.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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B. DATA FOR ANNUAL TAX LEVY

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

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

C. MAXIMUM SPECIAL TAX

1. Developed Property

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

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

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

2. Undeveloped Property and Taxable City Property

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

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

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

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

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES

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

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

Step 2: If additional revenue is needed after Step 1 to pay Administrative Expenses, the CFD Administration Component shall be levied Proportionately on each Parcel of Undeveloped Property and Taxable City Property in all Tax Zones up to 100% of the Maximum CFD Administration Component for each Parcel for such Fiscal Year until the amount levied, when combined with the amount levied pursuant to Step 1, is equal to the Administrative Expenses. If additional revenue is needed after Step 1 to Packet Page 24 of 88Attachment 3 Page 9 of 10

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

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

E. EXEMPTIONS

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

F. INTERPRETATION OF SPECIAL TAX FORMULA

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

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EXHIBIT C

Fiscal Year 2023-2024

Table 1
Maximum Special Tax for Developed Property in Tax Zone 1 Special Tax
Category
Maximum CFD
Administration
Component
Maximum DA
Services
Component
Maximum Lighting
and Landscape
Maintenance
Component
Single Family
Detached Property
$134.39 per
Residential Unit
$1,088.82 per
Residential Unit
$880.29 per
Residential Unit
Multi-Family
Residential Property
$92.08 per
Residential Unit
$746.11 per
Residential Unit
$603.22 per
Residential Unit
High Density
Residential
Property
$89.73 per
Residential Unit
$727.04 per
Residential Unit
$587.81 per
Residential Unit
Commercial Property $0.036 per
Square Foot
$0.300 per
Square Foot
$0.240 per
Square Foot
Industrial Property $0.006 per
Square Foot
$0.024 per
Square Foot
$0.024 per
Square Foot
Office Property $0.012 per
Square Foot
$0.096 per
Square Foot
$0.084 per
Square Foot
Mixed-Use Property
For a Parcel of Mixed-Use Property, the Maximum Special Tax shall be the sum of the amounts calculated for each Maximum Tax Component by applying that Maximum Tax Component to the individual land uses on the Parcel.

On 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.

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

Special Tax Category
Maximum CFD
Administration
Component
Maximum DA
Services
Component
Maximum Lighting and
Landscape Maintenance
Component
Undeveloped Property $773.60 per Acre $59.97 per Acre $5,065.03 per Acre Taxable City Property $773.60 per Acre $59.97 per Acre $5,065.03 per Acre

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 2 shall be increased in accordance with the Annual Escalation Factor as defined in the Rate and Method of Apportionment.

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Open Space Property

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

Exempt Property

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

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Agenda Item No: 4.

AGENDA REPORT
DATE:April 2, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Approving Mayor’s Appointments to the Youth Commission RECOMMENDED ACTION
Approve appointments. Perform oath of office.

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

Youth Commission
Term 1/1/2024 – 12/31/2025
Mahi Heir
Gurdas Atwal
Diego Cortes

DISCUSSION
Youth Commissioners serve twoyear terms. The commissioners' terms are from January 1, 2024, through December 31, 2025.

Councilmembers Doriss Panduro and Scott Tonnesen interviewed the applicants on March 21, 2024.

All the interviewed applicants listed above were recommended for appointment, and the recommendations were submitted to Mayor Catherine "Cat" Moy for consideration.

Mayor Moy agreed with the recommendations provided.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
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Agenda Item No: 4.AGENDA REPORTDATE:April 2, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Approving Mayor’s Appointments to the Youth CommissionRECOMMENDED ACTIONApprove appointments. Perform oath of office.STATEMENT OF ISSUEThe City Council is being asked to approve the appointments as follows:Youth CommissionTerm 1/1/2024 – 12/31/2025Mahi HeirGurdas AtwalDiego CortesDISCUSSIONYouth Commissioners serve twoyear terms. The commissioners' terms are from January 1, 2024,through December 31, 2025.Councilmembers Doriss Panduro and Scott Tonnesen interviewed the applicants on March 21, 2024.All the interviewed applicants listed above were recommended for appointment, and therecommendations were submitted to Mayor Catherine "Cat" Moy for consideration.Mayor Moy agreed with the recommendations provided.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATION N/A
ALTERNATIVE ACTION
The council may choose not to approve the mayor’s appointments, thereby leaving vacancies.

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

Reviewer Action Date
Dombrowski, Delaney Approved 3/19/2024 10:02 AM
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Agenda Item No: 5.

AGENDA REPORT
DATE:April 2, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 202465 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of Denial for Renewal of Business License # 99000054 for Panderia La Mexicana Located at 1972 N. Texas Street #H, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code RECOMMENDED ACTION
Hold a public hearing and adopt resolution approving/sustaining or denying/overruling the appeal of the revocation of business license #99000054 for Panderia La Mexicana.

STATEMENT OF ISSUE
The Fairfield Municipal Code allows the holder of a City business license to appeal the revocation of their license to the City Council. Fairfield Municipal Code section 10B.33 requires the council to conduct a hearing and approve/sustain or deny/overrule the appeal.

DISCUSSION
On January 23, 2024, the City of Fairfield declined to renew business license #99000054 for Panderia La Mexicana, located at 1972 North Texas Street, Suite H. The owner of Panderia La Mexicana, Waleed Abdula Alomeri and Jamil Saleh, have appealed the denial of renewal of their business license #99000054 and have asked for a hearing before the council as provided for under Fairfield Municipal Code section 10B.33.

On March 5, 2024, the council passed Resolution 202446, setting the appeal of the revocation of business license number 99000054 for April 2, 2024, at 6:00 p.m. during the normal council meeting.

The council is required to hold a hearing on this matter and approve or deny the appeal in accordance with Fairfield Municipal Code 10B.33.
10B.33 Appeal to council; findings conclusive.

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Agenda Item No: 5.AGENDA REPORTDATE:April 2, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 202465 of the City Council of the City of Fairfield [Approving/Sustaining][Denying/Overruling] the Appeal of Denial for Renewal of Business License #99000054 for Panderia La Mexicana Located at 1972 N. Texas Street #H, Fairfield, CA94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal CodeRECOMMENDED ACTIONHold a public hearing and adopt resolution approving/sustaining or denying/overruling the appeal of therevocation of business license #99000054 for Panderia La Mexicana.STATEMENT OF ISSUEThe Fairfield Municipal Code allows the holder of a City business license to appeal the revocation oftheir license to the City Council. Fairfield Municipal Code section 10B.33 requires the council toconduct a hearing and approve/sustain or deny/overrule the appeal.DISCUSSIONOn January 23, 2024, the City of Fairfield declined to renew business license #99000054 for PanderiaLa Mexicana, located at 1972 North Texas Street, Suite H. The owner of Panderia La Mexicana,Waleed Abdula Alomeri and Jamil Saleh, have appealed the denial of renewal of their business license#99000054 and have asked for a hearing before the council as provided for under Fairfield MunicipalCode section 10B.33.On March 5, 2024, the council passed Resolution 202446, setting the appeal of the revocation ofbusiness license number 99000054 for April 2, 2024, at 6:00 p.m. during the normal council meeting. The council is required to hold a hearing on this matter and approve or deny the appeal in accordancewith Fairfield Municipal Code 10B.33. 10B.33 Appeal to council; findings conclusive.

Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified. The council shall fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application.

If a timely appeal is filed, the effect of the decision of the collector shall be stayed until the appeal is decided by the council. The findings of the council shall be final and conclusive and shall be served upon the applicant in the manner prescribed above for service of notice of hearing.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
By operation of the Municipal Code, the council must issue a ruling to approve/sustain or deny/overrule the appeal.

STAFF CONTACT
Jeremy Profitt, Police Community Engagement Manager
(707) 4287709
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department, Finance Department ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Respondent Packet
Attachment 3: Hearing Packet
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 3/18/2024 10:28 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-65

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD [APPROVING/SUSTAINING] [DENYING/OVERRULING] THE APPEAL OF DENIAL FOR RENEWAL OF BUSINESS LICENSE # 99000054 FOR PANDERIA LA MEXICANA LOCATED AT 1972 N. TEXAS STREET #H, FAIRFIELD, CA 94533 PURSUANT TO CHAPTER 10 (SECTION 10B.33) OF THE FAIRFIELD MUNICIPAL CODE

WHEREAS, on or about January 23, 2024, the City of Fairfield declined to renew business license number 99000054 for Panderia La Mexicana located at 1972 North Texas Street, Suite H in the City of Fairfield, State of California; and

WHEREAS, Fairfield Municipal Code section 10B.33 states, "Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified”; and

WHEREAS, Panderia La Mexicana has timely exercised their right of appeal to the City Council through delivery to the City requesting an appeal of the revocation of their license on or about February 2, 2024; and

WHEREAS, Fairfield Municipal Code section 10B.33 requires the council to "fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the p ost office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application”; and

WHEREAS, Resolution 2024-46 of the City Council of the City of Fairfield set a hearing for April 2, 2024 on the appeal of the revocation of business license number; and

WHEREAS, the council has held the hearing on the appeal of the revocation of business license number 99000054 by hearing and considering sworn testimony from all parties wishing to be heard, and receiving and considering all evidence lawfully admitted before it.

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

Section 1. The council finds that the appeal brought by Panderia La Mexicana regarding the revocation of business license 99000054 is (choose one): APPROVED/SUSTAINED or DENIED/OVERRULED.

Section 2. City of Fairfield staff are authorized to do all things proper and necessary consistent with the findings of this resolution.

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RES. NO. 2024-65

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Section 3. A copy of this resolution shall be served on the business license holder by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application within 10 business days of this hearing. The City Clerk is directed to keep a copy of the proof of service.

PASSED AND ADOPTED this 2nd day of April 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Waleed Abdulla Alomeri and Jamil Saleh March 11, 2024
Panderia La Mexicana
1972 N. Texas Street, Ste. H
Fairfield, CA 94533-3866

1024 West Street
Pittsburg, CA 94565-2454

NOTICE OF APPEAL HEARING
THE APPEAL OF THE DENIAL OF RENEWAL OF BUSINESS LICENSE NUMBER 99000054 BELONGING TO MR. WALEED ABDULLA ALOMERI AND JAMIL SALEH C/O PANDERIA LA MEXICANA LOCATED AT 1972 NORTH TEXAS STREET, FAIRFIELD, CA 94533 IS/ARE HEREBY NOTIFIED TO APPEAR BEFORE:

NAME: City Council of the City of Fairfield
ON: April 2, 2024
AT: 6:00 PM
LOCATION: Fairfield City Council Chambers - 1000 Webster St. Fairfield, CA 94533 Respectfully,
David Lim
City Attorney

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Fairfield City CouncilApril 2, 2024

Fairfield City Council
April 2, 2024