Agenda, first session — Fairfield City Council, April 16, 2024 (part 1 of 3)

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 299

PRESENTATIONS

1.Proclamation and Poem Declaring National Poetry Month Presented by Councilmember Panduro and Poet Laureate Suzanne Bruce
Contact:Karen Rees, (707) 4287767
a

2.Proclamation Declaring Autism Awareness Month Presented by Councilmember Scott Tonnesen
Contact:Karen Rees, (707) 4287767
a

3.Proclamation Declaring Superintendent Kris Corey Day Presented By Councilmember Vaccaro Contact:Karen L. Rees, (707) 4287767
a

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

CONVENE MEETING OF THE HOUSING AUTHORITY
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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 PUBLIC HEARINGS

5.Public Hearing; and
Resolution HA202402 of the Fairfield Housing Authority Approving the Fairfield Housing Authority’s Public Housing Agency Annual Plan for Fiscal Year 20242025 Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Tanya Tran, (707) 4287391
a
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.

6.Approval of Meeting Minutes from March 2024
Recommended Action
Approve the meeting minutes.

Funding Source
N/A
Contact:Delaney Dombrowski, (707) 4287402
a

7.Resolution 202466 of the City Council of the City of Fairfield Approving the Amended and Restated Lease Agreement Between the City of Fairfield and the Solano Economic Development Corporation
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dwayne Dalman, (707) 4287649
a
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8.Resolution 202467 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase an Electrical Switchboard from Rexel USA, Inc.

Recommended Action
Adopt resolution.

Funding Source
$1,058,231; Water Capital Fund
Contact:David Vong, (707) 4287784
a

9.Resolution 202468 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 Recommended Action
Adopt resolution.

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

10.Resolution 202469 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 Recommended Action
Adopt resolution.

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

11.Resolution 202470 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 Recommended Action
Adopt resolution.

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

12.Resolution 202471 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 Recommended Action
Adopt resolution.

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

13.Resolution 202472 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 Packet Page 4 of 299

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILCONCURRENT MEETINGTUESDAY, APRIL 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 Patrick Serna, Highway International Christian FellowshipPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation and Poem Declaring National Poetry Month Presented by CouncilmemberPanduro and Poet Laureate Suzanne BruceContact:Karen Rees, (707) 4287767a2.Proclamation Declaring Autism Awareness Month Presented by Councilmember ScottTonnesenContact:Karen Rees, (707) 4287767a3.Proclamation Declaring Superintendent Kris Corey Day Presented By Councilmember VaccaroContact:Karen L. Rees, (707) 4287767a4.Proclamation Declaring Purple Star Schools Presented By Vice Mayor BertaniContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE 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 PUBLIC HEARINGS5.Public Hearing; and Resolution HA202402 of the Fairfield Housing Authority Approving the Fairfield HousingAuthority’s Public Housing Agency Annual Plan for Fiscal Year 20242025Recommended ActionHold public hearing and adopt resolution.Funding SourceN/ATanya Tran, (707) 4287391aRECONVENE 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.6.Approval of Meeting Minutes from March 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Delaney Dombrowski, (707) 4287402a7.Resolution 202466 of the City Council of the City of Fairfield Approving the Amended andRestated Lease Agreement Between the City of Fairfield and the Solano EconomicDevelopment CorporationRecommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a8.Resolution 202467 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase an Electrical Switchboard from Rexel USA, Inc.Recommended ActionAdopt resolution.Funding Source$1,058,231; Water Capital FundContact:David Vong, (707) 4287784a9.Resolution 202468 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield General Management Association to Amendthe City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost ShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397a10.Resolution 202469 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield Employees' Association to Amend the CityContract with CalPERS Pursuant to Government Code 20516 Relating to Cost ShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397a11.Resolution 202470 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield Police Management Association to Amendthe City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost ShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397a12.Resolution 202471 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield Police Officers' Association to Amend theCity Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost ShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397a

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

14.Resolution 202473 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
Recommended Action
Adopt resolution.

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

15.Resolution 202474 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield PartTime Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

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

16.Resolution 202475 through Resolution 202479 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 Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a
PUBLIC HEARINGS

17.Public Hearing; and
Resolution 202480 of the City Council of the City of Fairfield Discontinuing the Reduced Fare Taxi Service Program
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:Diane Feinstein, (707) 4343808
a

18.Public Hearing; and
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18.Public Hearing; and
Resolution 202481 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Power Purchase Agreement with Onyx Development Group LLC for the Provision and Operation of a Solar Field at the Waterman Water Treatment Plant Recommended Action
Hold public hearing and adopt resolution.

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

19.Public Hearing; and
Resolution 202482 of the City Council of the City of Fairfield Annexing Territory (Taco Bell) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 67, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 202483 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 67 (Taco Bell) Recommended Action
Hold public hearing and adopt resolutions.

Funding Source
N/A
Contact:Valerie Standfill, (707) 4287055
a
ADJOURN TO TUESDAY, MAY 7, 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, April 11, 2024.

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Agenda Item No: 5.

AGENDA REPORT
DATE:April 16, 2024
TO:Fairfield Housing Authority Chair and Commissioners
FROM:David Gassaway, Executive Director
SUBJECT:Public Hearing; and
Resolution HA202402 of the Fairfield Housing Authority Approving the Fairfield Housing Authority’s Public Housing Agency Annual Plan for Fiscal Year 20242025 RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The U.S. Department of Housing and Urban Development (HUD) requires the Fairfield Housing Authority (FHA) to prepare and submit a Public Housing Agency (PHA) Annual Plan to receive continued federal funding for the Housing Choice Voucher (HCV) Program. HUD requires a minimum of one public hearing as a prerequisite for any plan's approval.

DISCUSSION
The PHA Plan is a comprehensive guide to a PHA's policies, programs, operations, and strategies for meeting local housing needs and goals. It informs HUD, residents, and the public of the PHA's mission for serving the needs of lowincome and very lowincome families, and the PHA's strategy for addressing those needs. There are two parts to the PHA Plan. The FiveYear Plan, which each PHA submits to HUD once every fifth fiscal year, describing the agency's mission, goals, and objectives. The second component is the Annual Plan, which is submitted to HUD every year, and covers the policies and procedures of the agency. The PHA's current FiveYear Plan expires June 30, 2026.

With over 800 vouchers authorized, the HCV Program is the City of Fairfield's singlemost impactful program to address homelessness. These vouchers provide eligible households with a monthly subsidy, paid directly to the landlord, to help provide stable housing conducive to selfsufficiency. Units assisted by these vouchers are determined primarily by the participant's family, consistent with fair housing laws. The FHA has a policy to encourage participant families to search for housing outside highpoverty or minority concentration areas. The FHA does not own or operate public housing units; therefore, participating families must rent directly from private landlords. Assisted units must always meet basic health and safety requirements, called Housing Quality Standards (HQS).

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Agenda Item No: 5.AGENDA REPORTDATE:April 16, 2024 TO:Fairfield Housing Authority Chair and CommissionersFROM:David Gassaway, Executive DirectorSUBJECT:Public Hearing; and Resolution HA202402 of the Fairfield Housing Authority Approving the FairfieldHousing Authority’s Public Housing Agency Annual Plan for Fiscal Year 20242025RECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEThe U.S. Department of Housing and Urban Development (HUD) requires the Fairfield HousingAuthority (FHA) to prepare and submit a Public Housing Agency (PHA) Annual Plan to receivecontinued federal funding for the Housing Choice Voucher (HCV) Program. HUD requires a minimum ofone public hearing as a prerequisite for any plan's approval.DISCUSSIONThe PHA Plan is a comprehensive guide to a PHA's policies, programs, operations, and strategies formeeting local housing needs and goals. It informs HUD, residents, and the public of the PHA's missionfor serving the needs of lowincome and very lowincome families, and the PHA's strategy foraddressing those needs. There are two parts to the PHA Plan. The FiveYear Plan, which each PHAsubmits to HUD once every fifth fiscal year, describing the agency's mission, goals, and objectives. Thesecond component is the Annual Plan, which is submitted to HUD every year, and covers the policies andprocedures of the agency. The PHA's current FiveYear Plan expires June 30, 2026.With over 800 vouchers authorized, the HCV Program is the City of Fairfield's singlemost impactfulprogram to address homelessness. These vouchers provide eligible households with a monthlysubsidy, paid directly to the landlord, to help provide stable housing conducive to selfsufficiency. Unitsassisted by these vouchers are determined primarily by the participant's family, consistent with fairhousing laws. The FHA has a policy to encourage participant families to search for housing outsidehighpoverty or minority concentration areas. The FHA does not own or operate public housing units; therefore, participating families must rent directly from private landlords. Assisted units must always meet basic health and safety requirements, called Housing Quality Standards (HQS).

The Annual PHA Plan document is a template created and required by HUD. Every housing authority is required to use the same template, but many sections do not apply to the FHA. The FHA does not own or administer any public housing units, so these sections are marked as not applicable. Some updates that do apply to FHA include but are not limited to: an increase in allocated vouchers from 887 to 894; designation as a Standard Performer on HUD’s Section Eight Management Assessment Program (SEMAP) (FHA’s first SEMAP score since the pandemic in 2020); collaboration with Fair Housing of Northern California (FHNC) to provide Fair Housing training for both housing providers and housing staff; and leased up 51 ProjectBased Voucher (PBV) units with homeless and disabled families. All goals in the FHA FiveYear and Annual Plans are in line with the components of the City's Housing Element.

FINANCIAL IMPACT
Submission and approval of the FHA Annual Plan is the basis for receiving over $10,000,000 of federal funds from HUD to FHA (Fund 21).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The public notice for the FHA Annual Plan was advertised in the Daily Republic on March 8, 2024, and made available in the following locations for 45 days:

Fairfield Housing Authority, 1525 Webster St., Suite A, Fairfield, CA 94533 Fairfield Housing Services, 1525 Webster St., Suite B, Fairfield, CA 94533 Fairfield Civic Center Library, 1150 Kentucky Street
Fairfield City Clerk's office, 1000 Webster Street, 4th Floor ALTERNATIVE ACTION
If the Chair and Commissioners choose not to move forward with this item, the longevity of the HCV program could be jeopardized and risk critical rental assistance subsidies to many vulnerable people in the City of Fairfield.

STAFF CONTACT
Tanya Tran, Housing Division Manager
(707) 4287391
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Annual PHA 20242025
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 4/2/2024 3:38 PM
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FAIRFIELD HOUSING AUTHORITY

RESOLUTION NO. HA2024-02

RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY APPROVING THE FAIRFIELD HOUSING AUTHORITY'S PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FISCAL YEAR 202 4-2025

WHEREAS, in order to receive Housing Choice Voucher funding from the U.S. Department of Housing and Urban Development (HUD), the Fairfield Housing Authority must submit an approved Public Housing Agency (PHA) Annual Plan to HUD; and

WHEREAS, the Fairfield Housing Authority prepared the required updated PHA Annual Plan for fiscal year 2024-2025 (Annual Plan) as attached hereto; and

WHEREAS, to obtain public comments on the Annual Plan, a 45-day public comment period was advised and observed beginning on March 8, 2024, and a public hearing was held on April 16, 2024.

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The Annual Plan, as attached hereto, is hereby approved and accepted.

Section 2. The executive director is hereby authorized and directed to do all actions required to submit the Annual Plan to HUD.

PASSED AND ADOPTED this 16th day of April 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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Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

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Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families

Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.

(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

PHA Information.

A.1

PHA Name: __City of Fairfield Housing Authority____________________________ PHA Code: __CA065____________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): _7/1/2024_____________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) __894_______________ PHA Plan Submission Type: Annual Submission Revised Annual Submission

Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

Copies of the proposed documents were available during a forty-five-day public review and comment period, starting March 8, 2024, at the following locations:
1) City of Fairfield Housing Authority, 1525 Webster St., Suite A, Fairfield, CA 94533 2) City of Fairfield Housing Services Department, 1525 Webster St., Suite B, Fairfield, CA 94533 3) Fairfield Civic Center Library, 1150 Kentucky St. Fairfield, CA 94533 4) Fairfield City Clerk’s Office, 1000 Webster St., 4th Floor, Fairfield, CA 94533

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

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Plan Elements.

B.1
Revision of Existing PHA Plan Elements.

a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?

Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.

(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2

New Activities. – Not Applicable

B.3

Progress Report.

This progress report is based on the City of Fairfield’s 5-Year plan. 1) Increase the inventory of affordable housing units
The Fairfield Housing Authority (FHA) has obligated 122 project-based voucher (PBV) units which is an increase from 103 PBV units.

FHA’s HCV inventory was increased from 887 to 894 vouchers in 2022. 2) Meet the Section Eight Management Assessment Program (SEMAP) criteria to maintain a higher performer rating New leadership has been established at FHA and is stable for almost one (1) year. Staff has been provided training and guidan ce on HUD regulations as well as FHA’s policies. Some files have been audited to ensure that staff are completing income calculation accurately. FHA was deemed a Standard Performer for the Fiscal Year 2022-2023. 3) Provide an improved living environment
FHA worked in collaboration with Fair Housing of Northern California (FHNC) to provide Fair Housing Training to housing providers; notices were sent and posted online for housing providers regarding new Housing Quality Standards (HQS) requirement of Carbon Monoxide alarms for rental units; fliers were sent and posted online informing housing providers to list their available units online at affordablehousing.com; staff worked housing providers to share pertinent information of housing services and to recruit landl ords to participate in FHA’s housing programs.
4) Encourage Self-Sufficiency
FHA has revised, and is approved by the State, its Tenant Based Rental Assistance (TBRA) program Administrative Plan, which s erves the homeless families within the City of Fairfield. FHA will work with Solano County to receive referrals of homeless families that are enrolled in their Homeless Management Information System (HMIS). The purpose is to quickly lease-up referred families that are doc- ready and have been vetted by Solano County for program qualifications. 5) (5 and 7 combination) Increase assisted housing choices and Increase customer satisfaction FHA has been utilizing the Agency’s website and social media to share information and/or updates as they arise. Landlords are offered the ability to have their HAP payments directly deposited into their bank account or get paid via a hard check mailed to them. Staff continues to receive guidance on providing the best customer service to all people they interact with. 6) Ensure equal opportunity and affirmatively further fair housing FHA is working collaborative with FHNC to provide Fair Housing training to housing providers, FHA/City Employees, and program participants/renters; FHA forms are translated to Spanish as well as translations/translators in other languages as requested. 7) Improve the delivery of housing through cost effective office management and operational efficiencies FHA continues to update policies based on HUD regulatory changes to ensure compliance with program requirements; staff receives updates and training when changes occur; the City of Fairfield provides training to staff, such as Emotional Intelligence, Fair Housi ng training, etc., to ensure that staff is equipped with the ability and knowledge to assist low income families on FHAs program s.

B.4

Capital Improvements. – Not Applicable

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B.5

Most Recent Fiscal Year Audit.

(a) Were there any findings in the most recent FY Audit?

Y N N/A

(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

C.1

Resident Advisory Board (RAB) Comments.

(a) Did the RAB(s) have comments to the PHA Plan?

Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describin g their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2

Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidat ed Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?

Y N

If yes, include Challenged Elements.

Affirmatively Furthering Fair Housing (AFFH).

D.1

Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of F air Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal: 1) INCREASE CITY AND DEVELOPER AWARENESS OF AREAS OF RESIDENTIAL

SEGREGATION
Action 1.1. Annual Review. Utilize tools such as HUD’s Low Income Census Tracts list, as well as CPD and AFFH maps on an annual basis to determine areas of residential segregation.

Action 1.2. Inform Planning & Housing. Provide the Planning and Housing Departments, and any other people likely to talk with developers, with information about residential segregation patterns so that they do not inadvertently support devel opments that concentrate and segregate protected classes. If the proposed development is in an area of minority concentration, carefully consider the impact and benefits of that project to balance the need for affordable housing with the potential for increased residential segregation.

Incorporate this awareness and language in the development of the upcoming Housing Element and reporting goals.

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Fair Housing Goal: 2) DEVELOP STRATEGIES TO INCREASE AFFORDABLE HOUSING Action 2.1. Sites. Review areas of minority and low-income concentration. Identify potential sites for affordable housing and market to the public and affordable housing stakeholders.

Staff should consider these sites and whether to modify zoning of single-family or medium density residential to high density for affordable housing in order to fully develop throughout the city to not further contribute to residential segregation.

Action 2.2. Identify Incentives. Identify and analyze potential financial and non -financial incentives to help make tax credit applications competitive. Seek affordable housing financing sources for which the City can apply. Identify other local funds such as tax increments that might be utilized for affordable housing and Section 8 project -based vouchers. Solicit feedback from developers. Discuss incentives with City Manager and obtain City Council approval as appropriate.

Action 2.3 Marketing Plan. Create a plan that identifies available sites for development and any available City incentives (e.g., fee credits, loans, grants, etc.). Develop handouts regarding incentives available and under what circumstances. Market the City’s plan to specifically develop affordable housing with equal opportunity for all.

Action 2.4 Rent Survey. If/when rents are above the Fair Market Rate (FMR), consider conducting a survey of the rental market and request an increase in Section 8 Voucher standard as a result.

Action 2.5 Mortgage Bond Financing. Investigate the feasibility of offering multifamily mortgage bond financing (which is repaid by the project) to developers for projects of the appropriate size. Mortgage bond project financing is generally a little less expensive than private-sector financing, and the projects are automatically provided with an allocation of 4% tax credits.

Action 2.6 Mortgage Credit Certificates. Work with lenders to determine whether a Mortgage Credit Certificate (MCC) or other types of homeownership loan program is feasible given the housing market and incomes that would be served. If feasible, develop and implement the program.

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Fair Housing Goal: 3) REDUCE INSTITUTIONAL BARRIERS TO AFFORDABLE HOUSING

DEVELOPMENT
Action 3.1. Effective Neighborhood Engagement. Document an effective process that affordable housing developers can use to address the concerns of neighborhood residents in Fairfield. Continue to stress respectful listening and flexibility in responding to neighborhood concerns, as well as cultural competency.

Action 3.2. Preapplication Meetings. Continue to conduct pre-application meetings with multi-family housing developers to review the development process, answer any questions, and discuss how they plan to work with neighbors in adjoining single-family neighborhoods.

Action 3.3. Review Development Fees. Annually review development fees with surrounding jurisdictions to keep costs competitive and inviting for affordable housing developers.

Action 3.4. Outline of Development Process. Outline Fairfield’s development process in writing with a general timeline for each step. Provide developers with a list of all fees and contact persons for questions so that they can accurately estimate costs. Update fee schedule and other details annually.

Fair Housing Goal: 4) PREVENT EVICTIONS AND STABILIZE HOUSING Describe fair housing strategies and actions to achieve the goal

Action 4.1. Prevent Evictions. Ensure that the most vulnerable lowest-income Fairfield residents have access to services that help resolve landlords' issues and prevent evictions.

Action 4.2. Provide Rental Assistance. Provide emergency assistance and rapid rehousing for households earning 50% or less than area median income to help prevent homelessness from helping disparate address impacts that COVID-related job/income losses have had on extremely low-income renter households, which are predominantly women of color with children.

Fair Housing Goal: 5) FAIR HOUSING FUNDING, REPORTING, MONITORING, AUDITING AND

PUBLIC EDUCATION
Describe fair housing strategies and actions to achieve the goal

Action 5.1. Fund and Understand. Continue to fund and work with Fair Housing contractors to understand the prevalence and types of housing discrimination in the City of Fairfield. Ensure that Fair Housing contractor conducts at least one multifamily rental housing audit each year to learn the extent of discrimination in Fairfield multifamily housing. Publicize information from the audits. Discuss discrimination findings at California Apartment Association (CAA) meetings and ask for their help in addressing discrimination.

Action 5.2. Fair Housing & Disability Resource Development. Work with Fair Housing contractor to develop civil rights and fair housing materials and specifically highlight discrimination on the basis of disability. Work with Independent Living Resources of Solano/Contra Costa (ILR) and Lion’s Center for the Visually Impaired and other disability advocates to understand what Packet Page 14 of 299Attachment 2 Page 5 of 8

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Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________

A. PHA Information. All PHAs must complete this section. (24 CFR §903.4)

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))

B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3))

B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant- based assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessi bility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic information would be beneficial to their clients. Integrate all information into a resource sheet and training.

Action 5.3. Training & Public Awareness. Work with the CAA, ILR, Lions and other disability groups, landlords and the public to publicize the materials and training opportunities. Conduct training courses for City Staff, property owners, multifamily projects, CAA. Create a public awareness campaign/plan to educate Fairfield residents of their fair housing choice and rights associated with fair housing and where to contact if they suspect they have experienced discrimination in housing.

Action 5.4. Landlord Outreach & Education. Develop a database of existing multi-family (duplex and larger) properties with names and addresses of owners, work to identify email addresses.

Create an outreach strategy that will help to foster ongoing relationships and opportunities to educate about fair housing laws, including accommodations for those with disabilities. Work with property owners and landlords to increase awareness and enforcement of fair housing la ws and tenant rights.

Action 5.5. Stakeholder Resources. Provide resources to educate real estate stakeholders (e.g., tenants, homebuyers, real estate agents/brokers, property owners) about local, state, and federal fair housing laws and regulations, and provide a list of these resources on the City’s website (easily identifiable and accessible).

Action 5.6. Public Education on Affordable Housing. Work with affordable housing developers to create flyers/brochures about the benefits of affordable housing, d ispelling some of the stereotypes and myths. Create and find opportunities to dispel myths and present facts, especially when marketing for potential new affordable housing.

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groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii))

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b))

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))

Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d))

Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))

Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5 -Year and Annual Plan.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1))

B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs

B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)

C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA boa rd, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 Packet Page 16 of 299Attachment 2 Page 7 of 8

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CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that st ates, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those i mpediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a ne w section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality Packet Page 17 of 299Attachment 2 Page 8 of 8

Agenda Item No: 6.

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

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for March 2024 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
Delaney Dombrowski, Acting Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 6.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from March 2024RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for March 2024 have been approved by the city attorney and need councilapproval.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 CONTACTDelaney Dombrowski, Acting Deputy City Clerk(707) 428[email protected] WITH City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Audit Committee Minutes 352024
Attachment 2: City Council Closed Session Minutes 352024 Attachment 3: City Council Minutes 352024
Attachment 4: City Council Special Meeting Minutes 3122024 Attachment 5: Legislative Review Committee Minutes 3192024 Attachment 6: City Council Closed Session Minutes 3192024 Attachment 7: City Council Minutes 3192024
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 3/14/2024 2:12 PM
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TUESDAY, MARCH 5, 2024, 4:00 P.M.

CITY OF FAIRFIELD, CITY MANAGER’S CONFERENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD CA 94533

CITY OF FAIRFIELD

AUDIT COMMITTEE

REGULAR MEETING

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 4:04 p.m.

ROLL CALL

On roll call were the following: Mayor Cat Moy, Vice Mayor Pam Bertani, Councilmember Scott Tonnesen, City Manager David Gassaway, Assistant City Manager Savita Chaudhary, Director of Finance John Furtado, Accounting Manager Myles Dixon, and City Clerk Karen Rees.

MEMBER REPORTS

There were no member reports.

PUBLIC COMMENTS

There were no members of the public present.

NEW BUSINESS

1. Fiscal Year 2022-23 Annual Comprehensive Financial Report and Federal Awards Reports

CPAs David Showalter and Kyle Bartle of Eide Bailly LLP provided an overview of their audit of the City of Fairfield’s financial statements for fiscal year end June 30, 2023. They issued the report on January 30, 2024, with their recommended findings and corrective actions in which the City responded to have all errors corrected by June 30, 2024.

The meeting was adjourned at 5:12 p.m.

________________________________
City Clerk

__________________________
Mayor
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, MARCH 5, 2024; 5:30 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 5:29 p.m. City Attorney David Lim called roll.

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

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

The City Council went into closed session on Item #1 - Conference with Real Property Negotiators regarding Intersection of Highway 12 and Pennsylvania Ave. (APN 0032-010-240). Present were City Attorney David Lim, City Manager David Gassaway, Housing Director LaTanna Jones, Ms. Latanya Terrones, Assistant Fire Chief Rob Herrick, and consultants Mr. Arindam Maitra, Mr. Gregorio Panighello, and Mr. Harshal Upadye Vijaykumar.

The City Council went into closed session on Item #2 - Conference with Real Property Negotiators regarding 421 Madison Street (APN 0030-275-010). Present were City Attorney David Lim, City Manager David Gassaway, Housing Director LaTanna Jones, Ms. Latan ya Terrones, and consultants Mr. Arindam Maitra, Mr. Gregorio Panighello, and Mr. Harshal Upadye Vijaykumar.

The City came out of closed session and went back into open session.

Mayor Moy adjourned the meeting at 5:58 p.m.

______________________________
City Attorney
________________________________
May Cat Moy

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, MARCH 5, 2024; 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 6:05 p.m.

ROLL CALL

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

INVOCATION

Pastor Vernon Burroughs of Community United Methodist Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Vaccaro led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr reported he attended the Fairfield-Suisun Public Safety Academy Crab Feed hosted by the Police Department on February 24 and encouraged the public to attend next year. He invited the community to attend the Travis Air Show on March 1 6-17 (free to the public) to see the Blue Angels in action.

Vice Mayor Bertani wished everyone a “Happy Primary Election Day” and thanked everyone for attending the meeting.

Councilmember Vaccaro wished everyone running for elected office good luck. He shared that it takes a lot of courage to run for office.

Councilmember Tonnesen reported he attended the grand openings of Digital Stitchz on February 23 and the Fairfield Industrial Center at 2725 Low Court on February 28. He thanked his colleagues and planning commissioners for attending both events.

Councilmember Williams shared that she was aware of recent attacks on her integrity and character and that she would deal with the situation outside of the City Council. She stated her integrity is beyond reproach. She will continue to lead with compassion and integrity. Next, she rep orted that Solano EDC has introduced a new program, “Small Biz Grow,” for small business loans of $25,000- $125,000 at a 6% interest rate. She reported that she would put the loan information on her website and social media. She also thanked the Fairfield-Suisun Chamber of Commerce for the excellent job they do working with small businesses.

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Mayor Moy shared that people still had time to vote until 8 pm! She reported that she sits on the Board of Directors of the Solano Transportation Authority. They will break ground this summer on the Solano I-80 Westbound Truck Scales Project. The funding for this project came from the state of California. The new facility will be able to process 1,000 trucks per hour. For more information, contact Janet Adams, STA Deputy Executive Director/Director of Projects at [email protected] (707) 399-3207.

CITY MANAGER REPORT

City Manager David Gassaway did not have a report and stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees reported she coordinated a Trash Mob on February 24 at Allan Witt Park.

She thanked the volunteers, especially the 60th Civil Engineer Squadron of Travis Air Force Base, who provided 20-25 volunteers. They collected 27 bags of trash.

PRESENTATIONS

1. Proclamation declaring National Women's History Month presented by Vice Mayor Pam Bertani to former Fairfield Mayor Karin MacMillan, who was the first female mayor of Fairfield. Fairfield Poet Laureate Suzanne Bruce read an original poem entitled “Courage Unmasked” for the occasion.

2. Proclamation declaring American Red Cross Month presented by Councilmember Scott Tonnesen to Executive Director of American Red Cross (North Bay Chapter) Vincent Valenzuela, Disaster Program Manager Robbie Gaines, and Red Cross volunteer Alzinia Pailin.

3. Proclamation declaring "Cort Day" presented by Mayor Catherine Moy, recognizing K-9 Cort’s nearly nine years of service to the Fairfield Police Department, upon his retirement. Cort was given an engraved dog bowl and a key to the City! His handler, Police Sergeant Michael Pena, was also honored.

PUBLIC COMMENTS

Theda Peck and Rick Johnson spoke about the Paradise Valley Maintenance & Monitoring District.

Jeff Trager spoke about upcoming events at the Downtown Theatre.

CONSENT CALENDAR

4. Resolution 2024-45 of the City Council of the City of Fairfield Approving Amendments to the City of Fairfield Conflict of Interest Code

5. Resolution 2024-46 of the City Council of the City of Fairfield Setting a Hearing for April 2, 2024 Re: Appeal of Denial 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

6. Resolution 2024-47 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Support Agreement with Westnet, LLC for the First-In Alerting System

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7. Resolution 2024-48 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Improvement Agreement with Rancho Tolenas Corp. for the Phase 3 Master Infrastructure Clay Bank Road Improvements

8. Resolution 2024-49 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Taco Bell) to Community Facilities District (CFD) No. 2012-2 and Authorizing the Levy of Special Taxes Therein for Annexation No. 67

9. Resolution 2024-50 of the City Council of the City of Fairfield Authorizing Prequalification of Bidders for Public Works Contracts

10. Resolution 2024-51 of the City Council of the City of Fairfield Authorizing th e City Manager to Execute a Professional Services Agreement Between the City of Fairfield and LSA Associates, Inc. for Environmental Services for the Travis Safe Routes to School and Transit Trail Project

11. Resolution 2024-52 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the City of Fairfiel d and the Solano Transportation Authority (STA) for the Solano Climate Adaptation Resiliency Plan for Transportation Infrastructure

12. Resolution 2024-53 of the City Council of the City of Fairfield Authorizing the City Manager to Apply for Pro-Housing Incentive Program (PIP) Funds

Councilmember Vaccaro made a motion to approve the consent calendar. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

NEW BUSINESS

13. Economic Development Manager Dwayne Dalman recommended to Council that it approve Resolution 2024-54 of the City Council of the City of Fairfield Approving the Report of the Advisory Board for Calendar Year 2023 and Proposed Budget for Calendar Year 2024 in Connection with the North Texas Street Business Improvement District; and

Resolution 2024-55 of the City Council of the City of Fairfield Declaring Intention to Levy an Assessment Against Businesses within the North Texas Street Business Improvement District for Calendar Year 2024 and Setting a Time and Place for Hearing Objections Thereto

There were no requests to speak on this item.

Vice Mayor Bertani made a motion to approve Resolution 2024-54. Councilmember Vaccaro seconded the motion. The motion carried unanimously (6-0).

Councilmember Vaccaro made a motion to approve Resolution 2024-55. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

PUBLIC HEARINGS

14. Planning Division Manager David Feinstein recommended to Council that it open the Public Hearing; and approve the First Reading and Introduction of Ordinance 2024-02 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses for Office Comm ercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards
Packet Page 24 of 299Attachment 3 Page 3 of 4

Or;

Approve the Second Reading and Adoption of Ordinance 2024-01 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municip al Code, Also Known as the 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

Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.

After a lengthy discussion, Vice Mayor Bertani make a motion to waive the full reading, read by title, only, and introduce Ordinance 2024-02 for the first reading. Councilmember Tonnesen seconded the motion. The motion carried 5-1, with Councilmember Williams voting no.

City Council agreed with the Planning Commission’s decision to have a total of four docks (2 per building) and no more. Ordinance 2024-01, which did not allow any truck docks, was dropped.

ADJOURNED AT 7:30 P.M. TO TUESDAY, MARCH 19, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

_______________________________
City Clerk

__________________________
Mayor

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CITY OF FAIRFIELD

SPECIAL MEETING

STUDY SESSION
TUESDAY, MARCH 12, 2024; 6:00 PM POLICE
TRAINING FACILITY, 1717 REX CLIFT LANE,
FAIRFIELD, CA 94533

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 Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K. Patrice Williams; Vice Mayor Pam Bertani, and Mayor Moy.

PLEDGE OF ALLEGIANCE

Councilmember Carr led the Pledge of Allegiance.

PUBLIC COMMENTS

No one from the public wished to speak.

PRESENTATIONS

1. Budget Update by Director of Finance John Furtado and Assistant City Manager Savita Chaudhary.

Each department head spoke about reductions they have made to their budgets so far and discussed options for further cuts to achieve target amounts. Possible revenue measures were discussed such as Transient Occupancy Tax (TOT), business license fees (which have not been increased in years) and user fee studies. Council agreed that business license fees need to be increased and that TOT should be increased to 12% from 10%.

Council recommended to staff to use Model 1C-X (Modified Gross Receipt Scale) for the business license tax and bring back information and dollar amounts to the next budget study session to be held on April 9, 2024. Decisions will be made at that meeting regarding adding revenue measures to the November General Election ballot.

The meeting was adjourned at 8:20 p.m.

__________________________________
City Clerk

___________________________
Mayor

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TUESDAY, MARCH 19. 2024, 4:00 P.M.

CITY MANAGER’S CONFERENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533

CITY OF FAIRFIELD

CITY COUNCIL LEGISLATIVE REVIEW COMMITTEE

REGULAR MEETING

IN-PERSON OR VIA ZOOM

MINUTES

CALL TO ORDER

Vice Mayor Pam Bertani called the meeting to order at 4:03 p.m.

ROLL CALL

On roll call were Vice Mayor Pam Bertani, Councilmember Doug Carr, City Manager David Gassaway, Assistant to the City Manager Anna Guiles, and City Clerk Karen Rees. Lobbyists Jason and Paul Gonsalves of J.A. Gonsalves & Sons were on Zoom.

MEMBER REPORTS

There were no member reports.

PUBLIC COMMENTS

No members of the public were present in person or on Zoom.

NEW BUSINESS

1. Update on the Emerging Legislative Trends – Anna Guiles, Assistant to the City Manager

Anna gave an overview and introduced lobbyist Jason Gonsalves, who gave a legislative update.

They spoke about trends in the 2024 legislation. Approximately 2,295 bills were introduced by the February 16, 2024, deadline. Jason stated he would present a report to City Council at a meeting in June 2024.

The meeting was adjourned at 4:35 p.m.
______________________________
City Clerk
______________________
Vice Mayor
Packet Page 27 of 299Attachment 5 Page 1 of 1

Page 1 ends

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, MARCH 19, 2024; 5:30 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 5:30 p.m. City Attorney David Lim called roll.

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

Patrice Williams, Mayor Pam Bertani, and Mayor Cat Moy. Councilmember Doriss Panduro was absent.

Ms. Katharine Van Dusen, Mr. Aki Patel, and Mr. Victor Chang were present for public comment and spoke on Item #1. No other persons wished to speak i n person or via Zoom.

The City Council went into closed session on Item #1 - Conference with Legal Council re: Pending Litigation re: APRR - Teardrop property (3365 & 3350 North Texas Street). Present were City Attorney David Lim, City Manager David Gassaway, Communicty Development Director David Zellers, and Ms. Jennifer Rice.

The City came out of closed session and went back into open session.

Mayor Moy adjourned the meeting at 5:56 p.m.

______________________________
City Attorney
________________________________
May Cat Moy

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, MARCH 19, 2024; 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 Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, Vice Mayor Bertani, and Mayor Moy.

INVOCATION

Pastor John Reed of Fairfield Church of Christ gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Williams led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr reported he and Councilmember Tonnesen were unable to attend the Wings Over Solano Air Show on March 16 as they were stuck in traffic trying to get there!

Vice Mayor Bertani and Councilmember Vaccaro said they would forego giving reports but welcomed everyone and stated they were looking forward to hearing comments from the public.

Councilmember Panduro reported she would attend a North Texas Street Business Association Homeless Watch meeting on March 20, 2024, at noon at Your Town Café at 1720 N. Texas Street. She shared that Fairfield Police staff would also be there to answer questions or address concerns.

Councilmember Tonnesen had nothing to report.

Councilmember Williams shared that she attended a recent Solano County Board of Supervisors meeting, where she spoke in support of Solano Biz Grow, Solano EDC’s small business loan program.

She announced that Xfinity opened in the Green Valley Shopping Center on Business Center Drive. She reported that she helped facilitate a housing provider meeting hosted by Partnership HealthPlan that Assemblymember Lori Wilson attended. Lastly, she congratulated Cassandra James on her win as Supervisor-Elect to the Board of Supervisors.

CITY MANAGER REPORT

City Manager David Gassaway had nothing to report and stated there were no changes to the agenda.

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CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees wished everyone a happy first day of spring (a day early this year due to Leap Year). She also wished her daughter Chelsea happy birthday a day early.

PUBLIC COMMENTS

William Penn spoke about community engagement.

CONSENT CALENDAR

1. Approval of Meeting Minutes from February 2024

2. Resolution 2024-56 of the City Council of the City of Fairfield Approving a Technology Software- as-a-Service (SaaS) Agreement for Workforce Scheduling Software with InTime Services, Inc.

3. Resolution 202457 of the City Council of the City of Fairfield Approving the City’s Fiscal Year 2022-2023 Annual Comprehensive Financial Report and the Schedule of Expenditures for Federal Awards Report and Other Reports

4. Resolution 2024-58 of the City Council of the City of Fairfield Adopting an Updated Title VI Compliance Program for the City of Fairfield

5. 2023 Annual Report on the General Plan

6. Second Reading and Adoption of Ordinance 2024-02 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, Also Known as the 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

7. Resolution 2024-59 of the City Council of the City of Fairfield Approving an Agreement with the International City/County Management Association to Host a Veterans Local Government Management Fellow

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

Mayor Moy asked for Items 8 and 9 to be switched. Vice Mayor Bertani made a motion for Council to hear the public hearing (Item 9) before new business. Councilmember Vaccaro seconded the motion.

The motion carried unanimously (7-0).

PUBLIC HEARINGS

9. Economic Development Manager Dwayne Dalman recommended to Council that it open the Public Hearing, and approve Resolution 2024-61 of the City Council of the City of Fairfield Levying an Assessment for Calendar Year 2024 for the North Texas Street Business Improvement District; and

Resolution 2024-62 of the City Council of the City of Fairfield Approving an Agreement with the North Packet Page 30 of 299Attachment 7 Page 2 of 3

Texas Street Business Association for the Calendar Year 2024 Operation and Administration of the North Texas Street Business Improvement District

Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.

Councilmember Panduro made a motion to approve Resolutions 2024-61 and 2024-62. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7-0).

NEW BUSINESS

8. Mayor Moy opened a discussion for Resolution 2024-60 of the City Council of the City of Fairfield Adopting a Council Resolution Policy.

The following individuals spoke in person on Item 8: Shulamit, Lawrence Grossman, Susan Cohen Grossman, Matthew Finkelstein, Dr. Janet Leventhal, Geri Khan, Cheryl Gewing, Tamar Davis, Shereen Kahn-Amrikani, Shaheen Shaikh, Anjam Khan, Susan George, Saad, Hina F., Deborah Gilliam, Monadelh Herzallah, Rabbi Chaim Zaklos, Tim Couch, Fatimah Abughannam, Mercedes, Sean M., Dan Ngo, Omar El-Mahmoud, Hector Alfaro, Raheel Mann, Lan Ngo.

The following individuals called in and spoke on Zoom: Naveed Desai’s wife, Sadaf Qazi, Steve T., Andrew Li, Wendy Breckon, Jenna A., Jacob Merkin, Rochel le Conner, Chad Rowlett, Khouloud Nasser Janet Nathan, A. Shaikh, and Dr. Ruby Ali.

Councilmember Vaccaro made a motion to REJECT Resolution 2024-60, seconded by Councilmember Williams. The motion carried six ayes (Bertani, Vaccaro, Panduro, Tonnesen, Williams, Carr) to one no (Moy) so the Resolution was REJECTED.

THE MEETING WAS ADJOURNED AT 8:32 P. M. TO TUESDAY, APRIL 2, 2024, 6:00 P.M., HARRY T.

PRICE MEMORIAL COUNCIL CHAMBER.

_________________________
City Clerk

_____________________
Mayor
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Agenda Item No: 7.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202466 of the City Council of the City of Fairfield Approving the Amended and Restated Lease Agreement Between the City of Fairfield and the Solano Economic Development Corporation
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City and the Solano Economic Development Corporation (Solano EDC) wish to enter into the proposed Amended and Restated Lease Agreement (Amended Agreement) for the 1,891 squarefoot office space (Office Space) located at 5050 Business Center Drive (Building). The Amended Agreement would extend the initial term of the lease for an additional 36 months to January 31, 2027, and approve the proposed tenant improvements as well as a rent credit for said proposed tenant improvements

DISCUSSION
The City owns the Building known as the Cordelia Library. On February 8, 2019, the City and Solano EDC entered into a lease agreement for the Office Space. The First Amendment was on January 20, 2022, and the Second Amendment was on December 28, 2022 (collectively, the Lease Agreement).

The Lease Agreement expired on January 31, 2024.

Solano EDC has requested an extension of 36 months to the existing lease term, extending the expiration date to January 31, 2027. The City would like to accept this lease extension request. The rent for the additional 36 months will remain at $3,973.46 per month.

In addition to the extension of the term of the lease, Solano EDC would also like to make some tenant improvements as allowed in the Lease Agreement. The City has reviewed and approved the proposed improvements, and has agreed to credit Solano EDC in the form of a rent credit over a period of 12 months, upon completion and inspection of the proposed tenant improvements. The cost is estimated to be approximately $29,535.00.

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Agenda Item No: 7.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202466 of the City Council of the City of Fairfield Approving the Amendedand Restated Lease Agreement Between the City of Fairfield and the SolanoEconomic Development CorporationRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City and the Solano Economic Development Corporation (Solano EDC) wish to enter into theproposed Amended and Restated Lease Agreement (Amended Agreement) for the 1,891 squarefootoffice space (Office Space) located at 5050 Business Center Drive (Building). The AmendedAgreement would extend the initial term of the lease for an additional 36 months to January 31, 2027,and approve the proposed tenant improvements as well as a rent credit for said proposed tenantimprovementsDISCUSSIONThe City owns the Building known as the Cordelia Library. On February 8, 2019, the City and SolanoEDC entered into a lease agreement for the Office Space. The First Amendment was on January 20,2022, and the Second Amendment was on December 28, 2022 (collectively, the Lease Agreement).The Lease Agreement expired on January 31, 2024.Solano EDC has requested an extension of 36 months to the existing lease term, extending theexpiration date to January 31, 2027. The City would like to accept this lease extension request. The rentfor the additional 36 months will remain at $3,973.46 per month.In addition to the extension of the term of the lease, Solano EDC would also like to make some tenantimprovements as allowed in the Lease Agreement. The City has reviewed and approved the proposedimprovements, and has agreed to credit Solano EDC in the form of a rent credit over a period of 12months, upon completion and inspection of the proposed tenant improvements. The cost is estimated to be approximately $29,535.00.

The proposed resolution approves the Amended Agreement and authorizes the city manager to execute all documents necessary to amend the Lease Agreement.

FINANCIAL IMPACT
The City will continue to receive monthly rent in the amount of $3,973.46 to be deposited into the Cordelia Library Fund (Fund 101453026512) minus the rent credit for the proposed Tenant Improvements estimated to be approximately $29,535.00.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the Amended Agreement, but the lease would expire, and require the Solano EDC to vacate the Office Space.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Amended and Restated Lease Agreement Solano EDC REVIEWERS:

Reviewer Action Date
Zellers, David Approved 3/29/2024 7:10 PM
Dombrowski, Delaney Approved 4/1/2024 12:59 PM
Dombrowski, Delaney Approved 4/1/2024 12:59 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-66

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

AND RESTATED LEASE AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND THE SOLANO

ECONOMIC DEVELOPMENT CORPORATION

WHEREAS, the City is the owner and landlord of the building located at 5050 Business Center Drive, more commonly known as the Cordelia Library (Building); and WHEREAS, Solano Economic Development Corporation (Solano EDC) entered into a lease agreement with the City on February 8, 2019, to lease a 1,891 square-foot office space on the Property (Office Space), the First Amendment dated January 20, 2022 and the Second Amendment dated December 22, 2022 (collectively, the Lease Agreement); and

WHEREAS, the current lease agreement expired on January 30, 2024; and WHEREAS, Solano EDC wishes to extend the lease agreement for a period of 36 months until January 31, 2027; and
WHEREAS, Solano EDC wishes to complete some proposed tenant improvements in the Office Space, and
WHEREAS, the City wishes to extend the lease with Solano EDC and provide a rent credit for the cost of the proposed tenant improvements.

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

Section 1. The council hereby approves the Amended and Restated Lease Agreement between the City and the Solano EDC, a copy of which is attached hereto.

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

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RES. NO. 2024-66

Page 2 ends

PASSED AND ADOPTED this 16th 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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AMENDED AND RESTATED LEASE AGREEMENT

BETWEEN THE CITY OF FAIRFIELD

AND THE SOLANO ECONOMIC

DEVELOPMENT CORPORATION
THIS AMENDED AND RESTATED LEASE (the “Restated Lease”) is made and entered into as of January 31, 2024 (the “Effective Date”), by and between THE CITY OF FAIRFIELD, a municipal corporation (“Landlord”), and the SOLANO ECONOMIC DEVELOPMENT CORPORATION, a California corporation (“Tenant”).

R E C I T A L S:

A. Landlord is the owner of real property commonly known as 5050 Business Center Drive, Suite 200, in the City of Fairfield, County of Solano, State of California, more particularly described on Exhibit “A” attached hereto, together with the improvements located thereon (the “Premises”).

B. Landlord and Tenant have previously entered into a Lease Agreement dated February 8, 2019, as amended by a First Amendment dated January 20, 2022, and a Second Amendment dated December 28, 2022 (collectively, the “Prior Lease”).

C. Pursuant to the terms of the Prior Lease, the Tenant has leased and presently occupies approximately 1,891 square feet of office space on the second floor of Premises for use as its general administrative office.

D. As provided in Section 3.2 of the Prior Lease, the Tenant has notified the Landlord that it wishes to extend the term of the Prior Lease for a period of 36 calendar months commencing on January 31, 2024 and terminating on January 31, 2027.

E. Landlord and Tenant are entering into this Restated Lease to affect the extension of the lease term as aforesaid, and to make certain amendments to the Prior Lease related to such extension.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, Landlord and Tenant agree that the Prior Lease is hereby amended and restated in its entirety as follows:

1. AGREEMENT OF LEASE; USE OF PREMISES.

1.1 Upon the Effective Date, Landlord leases the Premises to Tenant and Tenant leases the Premises from Landlord.

1.2 Tenant shall use the Premises to provide corporate administrative office space and business related workshops. No other use is permitted without Landlord’s prior written consent. Tenant will comply with all federal, state and local laws, regulations, and ordinances affecting its use of the Premises. Tenant agrees to comply with all rules and regulations of Landlord that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests, licensees or invitees of Tenant do not, disturb, annoy, endanger, or Packet Page 36 of 299Attachment 2 Page 1 of 23

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11245-0001\2936812v1.doc
interfere with other tenants of the building or neighbors, use the Premises for any unlawful purposes, or commit a waste or nuisance on or about the Premises.

2. CONDITION OF PROPERTY; AS-IS; COMPLIANCE.

2.1 Landlord makes no other representations or warranties, express or implied, with respect to the condition of the Premises, and Landlord shall have no obligation to construct any improvements on, make any alterations or repairs to, or remediate and remove any hazardous substances from, the Premises as a condition of Tenant’s continued occupancy of the Premises, whether or not such improvements, alterations, repairs, remediation or removal are required by any applicable law. Neither Landlord nor any employee, representative or agent of Landlord has made any representation or warranty with respect to the Premises or any other portion of the adjacent facilities. Tenant has accepted the Premises in its current “as -is” condition and without representation or warranty.

2.2 If during the term of this Restated Lease any building codes, applicable laws, covenants or restrictions of record, regulations, and ordinances ("Applicable Requirements") require the construction of an addition to or an alteration of the Premises, building or common areas, or the reinforcement or other physical modification of the Premises and/or building ("Capital Expenditure"), Landlord and Tenant shall allocate the cost of such work as follows:
(a) Tenant shall be fully responsible for the cost of Capital Expenditures required to be made to the Premises.
(b) Landlord shall be fully responsible for the cost of Capital Expenditures required to be made to the building (excluding the Premises), common areas or parking lot.

Notwithstanding the preceding sentence, if such Capital Expenditures are instead triggered by Tenant as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises, or as a result of the installation, construction or maintenance of Tenant Improvements, as defined in Section 7.1, then Tenant shall either: (i) immediately cease such changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement for such Capital Expenditure, or (ii) complete such Capital Expenditures at its own expense. Tenant shall not have any right to terminate this Restated Lease.

3. TERM.

3.1 The term of this Restated Lease shall commence on the Effective Date (“Commencement Date”) and shall continue for thirty-six (36) months thereafter until January 31, 2027 (the “Term”), unless sooner terminated in accordance with this Restated Lease.

3.2 Notwithstanding the provisions of Section 3.1, should the Premises be needed for a public purpose, as determined in the sole and absolute discretion of the Landlord, the Landlord may terminate this Restated Lease at any time after the first year of the Term upon one hundred eighty (180) calendar days’ written notice to Tenant.

3.3 Notwithstanding the provisions of Sections 3.1, the Tenant may terminate this Restated Lease at any time during the Term upon one hundred eighty (180) calendar days’ Packet Page 37 of 299Attachment 2 Page 2 of 23

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written notice to Landlord provided Tenant can demonstrate a loss of funding or other financial hardship that prevents Tenant from being able to meet its lease obligations.

4. RENT; LATE CHARGES; SECURITY DEPOSIT.

4.1 Subject to the provisions of Section 8, the monthly rent (the “Rent”) shall be Three Thousand Nine Hundred Seventy-Three Dollars and Forty-Six cents ($3,973.46) per month. The Rent shall be paid monthly without notice or offset, commencing on February 1, 2024, and on or before the first day of each month thereafter during the Term. Except as otherwise herein expressly provided, this is a “gross” lease and Landlord shall be responsible for paying all costs of maintaining and operating the Premises, including utilities.

4.2 Tenant acknowledges that either late payment of Rent or issuance of a non- sufficient funds check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within five (5) calendar days after the date due, or if a check is returned for non-sufficient funds, Tenant shall pay as additional Rent to Landlord $100.00 as a late charge, plus interest from the date due until paid on the delinquent amount at the rate of the lesser of 10% per annum or the maximum rate permitted by law, and $25.00 as a non-sufficient funds fee. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reasons of Tenant’s late or non-sufficient funds payment. Any late charge, delinquent interest or non-sufficient funds fee due shall be paid with the current installment of Rent. Landlord’s acceptance of any late charge or non-sufficient funds fee shall not constitute a waiver as to any default of Tenant. Landlord’s right to collect a late charge or non-sufficient funds fee shall not be deemed an extension of the date Rent is due under Section 4.1, or prevent Landlord from exercising any other rights and remedies under this agreement and as provided by law.

4.3 Landlord and Tenant acknowledge that Tenant has previously deposited with Landlord Three Thousand Five Hundred Dollars ($3,500) as a security deposit (the “Security Deposit”) and that Landlord continues to hold said amount.

4.4 The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Restated Lease to be kept and performed by Tenant during the Term hereof. All or any portion of the Security Deposit may be used, as reasonably necessary, to (i) cure Tenant’s default in payment of Rent, late charges, non-sufficient funds fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest, licensee or invitee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant.

The SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH’S RENT. If all or any portion of the Security Deposit is used during the tenancy, Tenant agrees to reinstate the total Security Deposit within ten (10) days after written notice is delivered to Tenant. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Security Deposit. TENANT WAIVES ANY RIGHTS IT MAY HAVE UNDER SECTION 1950.7 OF THE CALIFORNIA

CIVIL CODE WITH RESPECT TO THE SECURITY DEPOSIT AND AGREES THAT THIS Packet Page 38 of 299Attachment 2 Page 3 of 23

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SECTION 4.5 SHALL GOVERN THE SECURITY DEPOSIT. Within forty-five (45) days following the expiration of the Term or earlier termination of this Restated Lease and Tenant’s performance of all of its obligations under this Restated Lease, the Security Deposit or any balance thereof shall be returned to Tenant.

5. SERVICES AND UTILITIES.

5.1 Landlord shall furnish all utilities needed by Tenant in connection with its occupancy and use of the Premises, including water, sewer, garbage, electricity, heating and air conditioning seven days a week and twenty-four hours per day.

5.2 Tenant shall be responsible for providing janitorial, phone, Internet and security alarm services to the Premises.

5.3 Unless caused by the gross negligence or intentional misconduct of Landlord, Landlord shall not be liable or responsible for any loss, damage or expense sustained or incurred by Tenant as a result of any change, failure, interference, disruption or defect in the supply or character of any utility or service furnished to the Premises.

6. CARD KEYS. One (1) card key will be issued to each employee of Tenant free of charge. Card keys shall be available to Tenant on or after the Commencement Date. Any additional or replacement card keys will be available for Twenty-Five Dollars ($25.00) each. Any request for additional or replacement card keys must be made to the Landlord and the cost of such card keys will be the Tenant’s responsibility.

7. TENANT IMPROVEMENTS; ALTERATIONS; MAINTENANCE.

7.1 Any renovations, improvements or alterations to the Premises (“Tenant Improvements”), will be at the sole cost and expense of Tenant, subject to 7.1.1, and in accordance with all applicable laws, ordinances and regulations.

7.1.1 Should tenant choose to make any Tenant Improvements to the Premises, the Landlord will credit back to the Tenant, in the form of a rent credit, the cost of any such approved Tenant Improvements.

7.2 Tenant shall prepare, or cause to be prepared, plans and/or working drawings and/or specifications, to such level of detail as may be reasonably required by the Director of Community Development of Landlord (“Director”), for the Tenant Improvements (the “Plans and Specifications”). The Plans and Specifications shall be submitted to the Director for its review and approval prior to the commencement of the Tenant Improvements. Tenant shall not commence, or cause the commencement of, the Tenant Improvements until it receives authorization to proceed therewith in writing from the Director. The Plans and Specifications will be become the property of Landlord (for purposes of record and reference) after the Tenant Improvements have been completed.

7.3 Tenant shall be responsible for the diligent completion of the Tenant Improvements in accordance with all applicable laws, ordinances and regulations, including applicable requirements to obtain a building permit or other governmental approvals.

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7.4 Notwithstanding anything to the contrary contained in this Section 7.1, Tenant shall not make any renovations, improvements, or alterations to the Premises without the prior written consent of the Director, which consent may be provided or withheld in the Director’s reasonable discretion. Any such renovations, improvements, or alterations to the Premises shall be made at the sole cost and expense of the Tenant and in accordance with all applicable laws, ordinances, and regulations, including laws related to accessibility for persons with disabilities.

7.5 Any and all Tenant Improvements must be performed by a licensed and insured contractor. Any work on HVAC and alarm systems must be performed by Landlord’s preferred contractors.

7.6 Any mechanic’s lien filed against the Premises for work done or materials or equipment furnished to or contracted for by Tenant shall be discharged or bonded by Tenant, at Tenant’s sole cost and expense, within fifteen (15) days after the date it is filed. Landlord shall have the right to post notices of non-responsibility on the buildings.

7.7 The Tenant Improvements will be deemed to be the property of Landlord.

All articles of personal property and all business and trade fixtures, private telephone systems and lines, furniture, and movable partitions owned, leased, or installed in the Premises by Tenant at its sole cost and expense, shall be and remain the property of Tenant and may be removed from the Premises by Tenant at any time, unless doing so would damage the Premises or materially diminish its value. Upon the expiration or early termination of this Restated Lease, Tenant shall remove all of its personal property from the Premises.

7.8 Tenant shall, at its sole cost and expense, maintain the Premises in a good, safe, and working condition.

8. SPECIFIC PROVISIONS REGARDING TENANT IMPROVEMENTS
PROPOSED AS OF THE EFFECTIVE DATE.

8.1 As of the Effective Date, Tenant has proposed to make those Tenant Improvements described in Exhibit “C” (the “Proposed Tenant Improvements”).

8.2 The Proposed Tenant Improvements shall be undertaken by Tenant in full compliance with the provisions of Section 7.

8.3 Completion of the Proposed Tenant Improvements shall be evidenced by (i) written certification by Tenant (in form reasonably acceptable to Landlord) stating that the Proposed Tenant Improvements have been completed in conformance with requirements of Section 7 and specifying the aggregate cost thereof paid by Tenant, (ii) an inspection by Landlord confirming the completion of the Proposed Tenant Improvements, and (iii) review and approval of such records of payment of the cost thereof by Tenant as Landlord shall reasonably request (the “Completion”).

8.4 As contemplated by Section 7.1.1, following the Completion of the Proposed Tenant Improvements, Landlord shall provide a rent credit to Tenant for a period of twelve (12) calendar months commencing on the first day of the calendar month following the date of Completion. The aggregate amount of such rent credit shall be equal to the lesser of (i) Twenty- Packet Page 40 of 299Attachment 2 Page 5 of 23

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Nine Thousand Five Hundred Thirty-Five Dollars ($29,535.00) or (ii) the actual cost of the Proposed Tenant Improvements and shall be affected by the reduction of the amount of Rent due each month by an amount equal to one-twelfth (1/12th) of the amounts described in (i) or (ii) above, as applicable. By way of example, if the cost of the Proposed Tenant Improvements equals Twenty-Nine Thousand Five Hundred Thirty-Five Dollars ($29,535.00), the Rent payable each month during such 12-month period shall be reduced by Two Thousand Four Hundred Sixty-One Dollars, 25 Cents ($2,461.25).

8.5 Upon completion of the Proposed Tenant Improvements, Landlord will have met its obligation to credit back Tenant for any additional Tenant Improvements. Any additional Tenant Improvements will be at the sole cost and expense of the Tenant and Landlord is not beresponsible to pay for or credit Tenant for future Tenant Improvements.

9. SIGNAGE. Tenant may install Tenant’s company name and logo on the existing complex directory and on the existing monument signs at the entry point to the building, portable and wall mounted signs located in the lobby and the second floor, and at the entrance of the Premises. Such installations shall be made at the sole cost and expense of Tenant and in accordance with all applicable laws, ordinances and regulations. Tenant shall submit signage plans to Landlord for approval prior to any installation of Tenant’s signage.

10. PARKING. Tenant shall be allowed nonexclusive use of any unmarked space in the adjacent parking lot depicted on Exhibit “B”. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces. Mechanical work or storage of inoperable vehicles or trailers is not allowed in parking spaces or elsewhere on the Premises. No overnight parking is permitted.

11. DAMAGE TO TENANT’S PROPERTY.

11.1 Neither Landlord nor its officers, agents, or employees shall be liable to Tenant for any loss of, or damage to, the personal property of Tenant located at the Premises resulting from fire, explosion, steam, gas, electricity, water or moisture in or from any part of the Premises, including its roof, walls, ceilings and floors, or from the pipes, appliances or mechanical and electrical systems in the Premises, or from any other place or from any other cause, whether or not similar to the foregoing.

11.2 Tenant shall provide prompt verbal notice to Landlord, to be followed by written notice, in the event of any material damage to the Premises or the personal property of Tenant located at the Premises resulting from any fire, accident, casualty, or condition in, on or about the Premises.

12. PERSONAL PROPERTY TAXES; POSSESSORY INTEREST TAXES. Tenant shall be liable for, and shall pay, any taxes levied against, or attributable to, any of the personal Packet Page 41 of 299Attachment 2 Page 6 of 23

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property of Tenant located at the Premises and any possessory interest taxes assessed on Tenant’s leasehold interest under this Restated Lease.

13. WORKERS’ COMPENSATION AND LIABILITY INSURANCE; MUTUAL WAIVER OF SUBROGATION.

13.1 Tenant shall, at its sole cost and expense, obtain and maintain an insurance policy covering all risks of direct physical loss or damage to the personal property of Tenant located at the Premises, and to all of Tenant’s additions, improvements or other alterations to the Premises, to the extent of their full replacement value.

13.2 Tenant shall maintain in full force and effect during the term of this Restated Lease, at Tenant’s sole cost and expense, a policy of commercial general liability insurance in terms and amounts satisfactory to Landlord, but in any event no less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury, death, and property damage, subject to such increases in amount as Landlord may reasonably require from time to time, covering any accident or incident arising in connection with the presence of Tenant or its agents, employees, guests, volunteers or invitees on the Premises. If the commercial general liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required limit.

13.3 Tenant shall maintain in full force and effect during the term of this Restated Lease, at Tenant’s sole cost and expense, a policy of comprehensive general liability insurance in terms and amounts satisfactory to Landlord, but in any event no less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence combined single limit bodily injury, personal injury, death, and property damage, subject to such increases in amount as Landlord may reasonably require from time to time, covering any accident or incident arising in connection with the presence of Tenant or its agents, employees, guests, volunteers or invitees on the Premises.

13.4 Tenant shall, at its sole cost and expense, obtain and maintain workers’ compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the workers’ compensation laws of the State of California.

13.5 The insurance policy required to be obtained and maintained by Tenant under Sections 13.1 through 13.3, inclusive, must: (a) name Landlord as an additional insured; (b) be written as primary policy coverage and not contributing with, or in excess of, any coverage that Landlord may carry; (c) provide that the policy may not be canceled unless Landlord shall have received at least thirty (30) days’ prior notice of cancellation; and (d) be issued by an insurance company with a Best’s Rating of A:XII or greater. The issuance of any such insurance policy shall not be deemed to limit or restrict in any way Tenant’s liability or obligations arising under, or out of, this Restated Lease.

13.6 Tenant shall furnish Landlord with a certificate evidencing the insurance policies required to be obtained and maintained by Tenant prior to the Commencement Date and not later than thirty (30) days prior to expiration of any such policy.

13.7 Notwithstanding any other provision of this Restated Lease, neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of Packet Page 42 of 299Attachment 2 Page 7 of 23

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subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income or additional expense, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Section 13. If required to make the foregoing waiver of subrogation binding upon their respective insurance carriers, Landlord and Tenant shall give notice to their respective insurance carriers that such mutual waiver of subrogation is contained in this Restated Lease. Tenant agrees to cause all other occupants of the Premises claiming by, under or through Tenant to execute and deliver to Landlord such a waiver of claims and to obtain such waiver of subrogation rights endorsements.

14. COMPLIANCE WITH LAWS AND INSURANCE POLICIES.

14.1 In connection with its occupancy and use of the Premises, Tenant shall, at its sole cost and expense, promptly comply with all applicable present and future federal, state, and local laws, ordinances, and regulations and with all orders and rules of governmental authorities having jurisdiction, including compliance with any law, ordinance or regulation that requires alterations by Landlord or Tenant to the Premises.

14.2 Tenant shall refrain from restricting the use of the Premises on the basis of religion, sex, age, disability, marital status, race, color, creed, ancestry, or national origin of any person. All contracts entered into by Tenant in connection therewith shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
“There shall be no discrimination against or segregation of any person or group of persons on account of religion, sex, marital status, race, age, disability, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants, sublessees or vendees of the land.”

14.3 Tenant shall not do, omit to do or permit to be done any act or thing in, on or about the Premises that will invalidate, or be in conflict with, any requirement, covenant or condition of any casualty insurance policy covering the Premises or the personal property therein, or that will subject Landlord to any uninsured liability to any person for personal injury, death or property damage.

15. INDEMNITY.

15.1 Tenant agrees to protect, indemnify, defend and hold Landlord free and harmless from and against (collectively, “Indemnify”) any and all claims, causes of action, demands, damages, liens, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) to which Landlord may be exposed or that Landlord may incur in connection with (a) an injury to, or death of, any person on the Premises, (b) a loss of, or damage to, any property occurring in, on or about the Premises, or (c) a violation of any law, ordinance or regulation Packet Page 43 of 299Attachment 2 Page 8 of 23

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applicable to the Premises or Tenant’s occupancy and use thereof (collectively, “Losses”).

Notwithstanding the foregoing, it is the intent of Landlord and Tenant that Tenant shall be liable to Indemnify Landlord under this Section 15.1 irrespective of the cause of the Losses (i.e., regardless of whether or not caused by any act, omission, willful misconduct or negligent conduct (whether active or passive) of Tenant, or otherwise), except to the extent that the Losses are solely caused by the gross negligence or willful misconduct of Landlord, or its agents, employees and invitees.

15.2 This Section 15 shall survive the expiration or termination of this Restated Lease.

16. LANDLORD’S ACCESS. Landlord and its employees, agents, and representatives shall have the right to enter upon the buildings on the Premises after reasonable notice to Tenant.

17. ASSIGNMENT, SUBLETTING, ETC. Tenant shall not assign, transfer, hypothecate, or encumber this Restated Lease, or sublet the Premises or any part thereof, or suffer or permit the Premises to be occupied or used by any other person or entity without the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole and absolute discretion.

18. DEFAULT AND REMEDIES.

18.1 The occurrence of any one of the following shall constitute a default by Tenant under this Restated Lease:

18.1.1 Tenant shall fail to pay Rent within five (5) business days after Tenant receives notice thereof from Landlord (provided, however, that the notice requirement contained in this Section 18.1.1 is not in addition to any legal requirement that notice be given and may be satisfied by sending the notice required by any applicable law or statute including California Code of Civil Procedure Section 1161); or

18.1.2 Tenant shall fail to perform or comply with any of the other recitals, covenants or conditions of this Restated Lease, and such failure is not cured within thirty (30) days after Tenant receives notice thereof from Landlord; provided, however, that if the failure to perform or comply cannot reasonably be cured within thirty (30) days, Tenant shall not be in default if Tenant commences to cure the failure to perform or comply within the thirty (30) day period and diligently and in good faith continues to cure the same thereafter.

18.2 If Tenant defaults, Landlord shall in addition to any and all other rights and remedies which Landlord may have under this Restated Lease or by law or in equity, have the right to pursue the remedies under California Civil Code Section 1951.2 (i.e., terminate this Restated Lease and sue for damages) or the remedy under California Civil Code Section 1951.4 (i.e., keep this Restated Lease in effect and sue for rent as it comes due, in which case Landlord will not unreasonably withhold its consent to any assignment or subletting).

18.3 Except as expressly provided herein, the various rights, options, elections, powers, and remedies of Landlord contained in this Section 18 shall not be deemed to be exclusive; Packet Page 44 of 299Attachment 2 Page 9 of 23

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they are cumulative and in addition to any other remedies, rights or priorities contained elsewhere in this Restated Lease or now or later allowed by law or in equity.

19. NO WAIVER.

19.1 The failure of Landlord or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Restated Lease shall not be deemed a waiver by Landlord or Tenant of its right to such redress for a prior, concurrent or subsequent violation of the same or to subsequently insist upon strict performance of any other covenant or condition of this Restated Lease. The receipt and acceptance by Landlord of rent with knowledge of any preceding breach by Tenant of any covenant, term or condition of this Restated Lease shall not be deemed a waiver of such breach. No provision of this Restated Lease and no default by Landlord or Tenant hereunder shall be deemed to have been waived by the other party unless such waiver is in writing and signed by the waiving party.

20. LITIGATION EXPENSES. In the event any action, suit, or proceeding is commenced under or in connection with this Restated Lease the losing party shall pay to the prevailing party, and the prevailing party shall be entitled to an award for, the reasonable amount of the attorneys’ fees, court costs and other litigation expenses incurred by the prevailing party in connection with such action, suit or proceeding.

21. SUBORDINATION.

21.1 This Restated Lease is and shall be subordinate to any encumbrance now of record or recorded after the date of this Restated Lease affecting Landlord and the Premises. Such subordination is effective without any further act of Tenant. Tenant shall, from time to time upon request from Landlord, execute and deliver any documents or instruments that may be required by a lender to effectuate any such subordination. If Tenant fails to execute and deliver any such documents or instruments, Tenant irrevocably constitutes and appoints Landlord as Tenant’s special attorney-in-fact to execute and deliver any such documents or instruments on its behalf.

21.2 Each party, within ten (10) days after notice from the other party, shall execute and deliver to the other party, in recordable form, a certificate stating that this Restated Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. Failure to deliver the certificate within the ten (10) days shall be conclusive upon the party failing to deliver the certificate for the benefit of the party requesting the certificate and any successor to the party requesting the certificate, that this Restated Lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate.

22. DAMAGE AND DESTRUCTION.

22.1 Tenant agrees to promptly notify Landlord of any damage to the Premises resulting from fire, earthquake or any other event beyond the control of Tenant (a “Casualty”). If a Casualty unreasonably disrupts Tenant’s access to the Premises, or a Casualty results affects the structural elements of the Premises making the Premises unsafe to occupy and use, or a material Casualty occurs in the last ninety (90) days of this Restated Lease, then either Landlord or Tenant Packet Page 45 of 299Attachment 2 Page 10 of 23

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may terminate this Restated Lease by notice to the other. In no event shall Landlord be obligated in any manner whatsoever to repair any damage to the Premises caused by a Casualty.

22.2 The provisions of this Section 22 constitute an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant and Landlord, therefore, fully waive the provisions of any statute or regulation, including California Civil Code Sections 1932(2) and 1933(4), for any rights or obligations concerning a Casualty.

23. EMINENT DOMAIN.

23.1 If the whole of the Premises shall be taken by eminent domain or disposed of under threat of an impending taking by eminent domain, by, or to, any public authority, this Restated Lease shall cease and terminate one (1) day prior to the date legal title to the Premises shall vest in such authority.

23.2 If only a portion of the Premises is so taken or disposed of, Landlord or Tenant may, at its option, terminate this Restated Lease by giving notice thereof to the other.

Landlord and Tenant each hereby waive the provisions of California Code of Civil Procedure Section 1265.130, which allows either party to a lease to petition the Superior Court to terminate the Restated Lease in the event of a partial taking of the Premises.

23.3 In any of the foregoing cases, Landlord shall be entitled to all compensation and awards arising out of or in connection with such taking or disposition, including any portion thereof attributable to the value of the leasehold estate, except that nothing herein contained shall be deemed to prevent Tenant from recovering from the taking or acquiring authority compensation for the taking of any personal property or fixtures belonging to it or for interruption or damage to its business or for moving or other expenses, to the extent any of the same are compensable by law.

24. NOTICES. Any notice, request, direction, instruction, demand, consent, authorization, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by facsimile, or (d) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned:

Landlord: City of Fairfield
1000 Webster Street
Fairfield, California 94533
Attention: Real Estate Specialist II
Facsimile: (707) 428-7607
Tenant: Solano Economic Development Corporation.
5050 Business Center Drive, Suite 200
Fairfield, California 94534
Attention: Chris Rico
Facsimile: (707) 864-1855
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Service of any such notice or other communications so made shall be deemed effective on the day of actual delivery (whether accepted or refused) as evidenced by confirmed answerback if by facsimile (provided that if any notice or other communication to be delivered by facsimile is unable to be transmitted because of a problem affecting the receiving party’s facsimile machine, the deadline for receiving such notice or other communication shall be extended through the next business day), as shown by the addressee’s return receipt if by certified mail, and as confirmed by the courier service if by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local time where received) or on a non- business day, then such notice or demand so made shall be deemed effective on the first business day immediately following the day of actual delivery. No communications via electronic mail shall be effective to give any notice, request, direction, demand, consent, waiver, approval or other communications hereunder.

25.ADDITIONAL COVENANTS OF TENANT

25.1 NO RELOCATION BENEFITS. Tenant acknowledges that Tenant’s occupancy of the Premises under this Restated Lease terminates at the end of the lease term pursuant to Section 3.1. Tenant acknowledges that should the Restated Lease terminate pursuant to Sections 3.1, 3.2 or 3.3, Tenant shall not be entitled to relocation benefits under either state or federal relocation assistance statutes and regulations and Tenant hereby waives any rights to such relocation benefits.

TENANT INITIALS: ________________

26.MISCELLANEOUS.

26.1 Words of any gender used herein shall include any other gender, and singular words include the plural, and vice versa, and “person” includes persons, firms and corporations and all other types of entities and organizations, unless in each case the sense otherwise requires. The term “Landlord” shall mean the owner of the Premises at the relevant time.

26.2 Tenant, at any time and from time to time, at the request of Landlord, shall promptly execute, acknowledge and deliver to Landlord a certificate certifying (a) that this Restated Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); and (b) that there are not then existing any offsets or defenses against the enforcement of any provision of this Restated Lease except as therein specified.

26.3 Time is of the essence of the notice requirements and the obligations of the parties under this Restated Lease.

26.4 If there are any covenants yet to be performed by Tenant as of the date of expiration or termination of the term hereof, including, without limitation, the payment of Rent under this Restated Lease as of such date, such covenants shall survive the expiration or termination of the Term whether or not they are then known or determined.

CR
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26.5 This Restated Lease contains the entire agreement between the parties hereto with respect to the subject matter hereof, and any purported agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it in whole or in part unless such purported agreement is in writing and signed by the party against whom enforcement is sought.

26.6 This Restated Lease shall be governed and interpreted in accordance with the laws of the State of California.

26.7 The unenforceability, invalidity or illegality of any provision of this Restated Lease shall not render the other provisions unenforceable, invalid, or illegal.

26.8 The section headings are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope of any section of this Restated Lease nor the intent of any of its provisions.

26.9 This Restated Lease may be executed in multiple counterparts each of which shall be deemed an original for all purposes.

27. ENVIRONMENTAL MATTERS.

27.1 The term “Hazardous Substance” shall mean any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea formaldehyde foam insulation, asbestos, PCB’s, or any other substances the removal of which is required, or the manufacture, production, generation, use, maintenance, disposal, treatment, storage, transfer, handling or ownership of which is restricted, prohibited, regulated or penalized by any federal, state, county, or municipal statutes or laws now or at any time hereafter in effect, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (U.S.C.

Sections 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.), the Federal Water Pollution Control Act (33 U.S.C. Sections 1251, et seq.), the Clean Air Act (42 U.S.C.

Sections 7401, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), and the Occupational Safety and Health Act (29 U.S.C. Sections 651, et seq.), as these laws have been amended or supplemented.

27.2 Tenant shall not use, or permit others to use, the Premises for the production, generation, manufacture, treatment, transportation, storage or disposal of any Hazardous Substance, whether or not in compliance with any and all applicable federal, state and local environmental laws, ordinances and regulations. Provided however, Tenant, without Landlord’s prior consent, shall be allowed (in strict compliance with all laws), to utilize ordinary quantities of Hazardous Substances customarily used in general office use and in compliance with the use of the Premises allowed herein (i.e., cleaning supplies, copier toner and similar items).

Tenant shall immediately notify Landlord of (a) any release or discharge by Tenant or any other occupant of the Premises (or alleged release or discharge) of a Hazardous Substance, or (b) of any notice of violation or alleged violation of any law regarding any Hazardous Substance received by Tenant or any other occupant of the Premises.

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27.3 Without limiting Tenant’s other obligations and liabilities hereunder, Tenant shall indemnify, defend, and hold Landlord its officers, tenants and employees harmless, from and against any and all claims, damages, expenses, penalties, liabilities and costs, resulting or arising from a breach of the covenant contained in Section 27.2.

27.4 The provisions of this Section 27 shall survive the expiration or termination of this Restated Lease.

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IN WITNESS WHEREOF, and intending to be legally bound hereby, Landlord has caused this Restated Lease to be executed on its behalf by a duly authorized officer, and Tenant has caused this Restated Lease to be executed on its behalf by a duly authorized officer of Tenant, as of the day and year first written above.

LANDLORD: CITY OF FAIRFIELD,
a municipal corporation
By: _______________________________
Name: ______________________________
Title: _______________________________
APPROVED AS TO FORM:

RICHARDS, WATSON & GERSHON,
a professional corporation
By: _______________________________
City Attorney
ATTEST:

By: _______________________________
City Clerk
TENANT: SOLANO ECONOMIC DEVELOPMENT
CORPORATION, a California corporation
By: _______________________________
Name: _______________________________
Title: _______________________________
Chris Rico
Solano EDC President and CEO
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EXHIBIT "A"

DESCRIPTION OF PREMISES

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EXHIBIT "B"

DESCRIPTION OF PARKING LOT

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EXHIBIT “C”

DESCRIPTION OF PROPOSED TENANT IMPROVEMENTS

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Agenda Item No: 8.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202467 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase an Electrical Switchboard from Rexel USA, Inc.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Waterman Water Treatment Plant (Waterman WTP) High Lift Pump and Power Upgrade Project (Project) includes the replacement of the main electrical switchboard that distributes power throughout the facility. The procurement lead time for the switchboard was identified to take 95 weeks during the final design phase. Staff recommends approving the proposed resolution authorizing the purchase of the electrical switchboard in advance of Project construction to reduce construction standby time and potential delays to bring the new system operational.

DISCUSSION
The power upgrade scope of the Project will overhaul the existing 4160v electrical system at the Waterman WTP to the more common 480v industrial power system standard. A new electrical switchboard is an integral part of the power upgrade. The switchboard is used to safely distribute electricity throughout the Waterman WTP. A switchboard is a component of an electrical distribution system that divides an electrical power feed into branch circuits while providing a protective circuit breaker or fuse for each circuit in a common enclosure.

Electrical components continue to face supply chain shortages, resulting in very lengthy lead times to procure equipment and materials. During the design of the switchboard, the City consultant was informed that the lead time to receive the item once ordered is 95 weeks. The switchboard is a custom made specialty product designed specifically for the Waterman WTP, which is not readily available off the shelf.

The design considerations also incorporated the future solar field project at Waterman. The City has obtained approval for a Pacific Gas and Electric (PG&E) solar interconnection agreement, which establishes all the terms and conditions associated with operating the solar system in parallel with PG&E’s electric power system, and grandfathered the Net Energy Metering (NEM) 2.0 program for maximum savings to the City through energy exporting credits. During the agreement review process, solar plans were provided, and certain electrical components including a switchboard manufactured by Eaton, were specifically approved by PG&E.

The City’s administrative policy for purchasing generally requires procurement of this value to be competitively bid with formal bid advertisement. However, the Fairfield Municipal Code (FMC) provides that the City Council may suspend competitive bidding, purchase directly from a vendor, and sole source when it is in the best interests of the City (FMC sections 28.60 and 28.63). Sole sourcing of the switchboard is necessitated due to the specialized nature of the equipment, the prescriptive specifications required by PG&E, and the fact that PG&E previously preapproved the switchboard for the Waterman solar field project per the interconnection agreement.

Staff recommends the council adopt the attached resolution to suspend competitive bidding, and authorize the purchase of an Eaton electrical switchboard from Rexel USA Inc. for the Project to be in compliance with the PG&E interconnection agreement, which will grandfather the Waterman WTP for NEM 2.0. Eaton does not practice the directtoconsumer sales approach model, but sets a factory authorized price for their distributors, where the prices will not vary between the distributors. Rexel USA Inc. is a local authorized distributor for Eaton. A 20% management reserve is required to cover factory startup, commissioning, field testing and training, which are not included in the quoted price.

FINANCIAL IMPACT
The total authorization for the Eaton electrical switchboard is $1,058,231.25, which is the contract amount plus 15% for tax and freight, and a 20% management reserve ($783,875.00 + $117,581.25 + $156,775.00). Funds are budgeted in the Capital Improvement Program through the Capital Water Fund 462.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to deny this purchase, which may increase project costs, significantly delay construction, and potentially fail to meet the interconnection agreement deadline between the City and PG&E.

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

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

Packet Page 60 of 299

Agenda Item No: 8.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202467 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing the City Manager to Purchase an Electrical Switchboard fromRexel USA, Inc.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Waterman Water Treatment Plant (Waterman WTP) High Lift Pump and Power Upgrade Project(Project) includes the replacement of the main electrical switchboard that distributes power throughoutthe facility. The procurement lead time for the switchboard was identified to take 95 weeks during thefinal design phase. Staff recommends approving the proposed resolution authorizing the purchase ofthe electrical switchboard in advance of Project construction to reduce construction standby time andpotential delays to bring the new system operational.DISCUSSIONThe power upgrade scope of the Project will overhaul the existing 4160v electrical system at theWaterman WTP to the more common 480v industrial power system standard. A new electricalswitchboard is an integral part of the power upgrade. The switchboard is used to safely distributeelectricity throughout the Waterman WTP. A switchboard is a component of an electrical distributionsystem that divides an electrical power feed into branch circuits while providing a protective circuitbreaker or fuse for each circuit in a common enclosure. Electrical components continue to face supply chain shortages, resulting in very lengthy lead times toprocure equipment and materials. During the design of the switchboard, the City consultant wasinformed that the lead time to receive the item once ordered is 95 weeks. The switchboard is a custommade specialty product designed specifically for the Waterman WTP, which is not readily available offthe shelf. The design considerations also incorporated the future solar field project at Waterman. The City hasobtained approval for a Pacific Gas and Electric (PG&E) solar interconnection agreement, whichestablishes all the terms and conditions associated with operating the solar system in parallel withPG&E’s electric power system, and grandfathered the Net Energy Metering (NEM) 2.0 program formaximum savings to the City through energy exporting credits. During the agreement review process,solar plans were provided, and certain electrical components including a switchboard manufactured byEaton, were specifically approved by PG&E.The City’s administrative policy for purchasing generally requires procurement of this value to becompetitively bid with formal bid advertisement. However, the Fairfield Municipal Code (FMC) providesthat the City Council may suspend competitive bidding, purchase directly from a vendor, and solesource when it is in the best interests of the City (FMC sections 28.60 and 28.63). Sole sourcing of theswitchboard is necessitated due to the specialized nature of the equipment, the prescriptivespecifications required by PG&E, and the fact that PG&E previously preapproved the switchboard forthe Waterman solar field project per the interconnection agreement.Staff recommends the council adopt the attached resolution to suspend competitive bidding, andauthorize the purchase of an Eaton electrical switchboard from Rexel USA Inc. for the Project to be incompliance with the PG&E interconnection agreement, which will grandfather the Waterman WTP forNEM 2.0. Eaton does not practice the directtoconsumer sales approach model, but sets a factoryauthorized price for their distributors, where the prices will not vary between the distributors. Rexel USAInc. is a local authorized distributor for Eaton. A 20% management reserve is required to cover factorystartup, commissioning, field testing and training, which are not included in the quoted price.FINANCIAL IMPACTThe total authorization for the Eaton electrical switchboard is $1,058,231.25, which is the contractamount plus 15% for tax and freight, and a 20% management reserve ($783,875.00 + $117,581.25 +$156,775.00). Funds are budgeted in the Capital Improvement Program through the Capital WaterFund 462.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to deny this purchase, which may increase project costs, significantly delayconstruction, and potentially fail to meet the interconnection agreement deadline between the City andPG&E.STAFF CONTACTDavid Vong, Senior Civil Engineer(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Proposed Quote REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 4/1/2024 3:35 PM
Dombrowski, Delaney Approved 4/1/2024 3:37 PM
Dombrowski, Delaney Approved 4/1/2024 3:37 PM
Packet Page 61 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-67

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD SUSPENDING COMPETITIVE

BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE AN ELECTRICAL SWITCHBOARD FROM REXEL USA, INC.

WHEREAS, the City of Fairfield desires to fully replace the 4160v electrical system at the Waterman Water Treatment Plant to the 480v standard; and

WHEREAS, the City has an approved interconnection agreement with Pacific Gas and Electric (PG&E) for the Waterman Solar Field Project; and

WHEREAS, PG&E has pre-approved the Eaton electrical switchboard as part of the interconnection agreement; and

WHEREAS, the Eaton electrical switchboard is a custom designed and manufactured specialty product that is not readily available; and

WHEREAS, Rexel USA Inc. is an authorized Eaton distributor and has agreed to supply an Eaton switchboard to the City at the quoted price for the Waterman High Lift Pump and Power Upgrade Project (Project); and

WHEREAS, following formal bid procedures would cause a significant delay in the construction of the Project due to the 95-week procurement lead time; and

WHEREAS, section 28.60 of the Fairfield Municipal Code provides that the City Council may suspend competitive bidding for any purchase and may enter into a contract to procure general contractual services through the use of an alternative selection process after making a finding that doing so would be in the best interests of the City; and

WHEREAS, section 28.63 of the Fairfield Municipal Code provides that purchase of materials, supplies and equipment may be made without adhering to the required procurement methods if they can only be obtained from one vendor, either because the desired materials, supplies or equipment is proprietary in nature, or because a sole sourced purchase of such items is in the best interest of the City; and

WHEREAS, funding for the Project was allocated in the City’s approved Capital Improvement Program.

Packet Page 62 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-67

Page 2 ends

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

Section 1. The council hereby suspends competitive bidding and authorizes the city manager to purchase an electrical switchboard from Rexel USA Inc. for a not to exceed amount of $901,456.25 ($783,875.00 contract amount + $117,581.25 for taxes and freight).

Section 2. The city manager is hereby authorized to execute and administer a 20% management reserve in an amount not-to-exceed $156,775.00, for a total authorization of $1,058,231.25.

Section 3. The council further authorizes the city manager to take all steps necessary to implement this resolution.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 63 of 299Attachment 1 Page 2 of 2

Eaton Corporation
1741 East Roseville Pkwy
Suite 400
Roseville, CA 95661

To: David Vong, City of Fairfield, Public Works Department

FOR THE PROJECT KNOWN AS
City of Fairfield-Waterman WTP High Lift Pump and Power Upgrade NEG# SR510319X4K2
ALT#0001
DATE: 3-21-2024

EQUIPMENT SUMMARY & SELLING POLICY

EATON Electrical is pleased to offer the following Scope of Work and Bill of Material for your consideration. The Bill of Material is in accordance with our interpretation of the Plans and Specifications. This offer is subject to your approval and is conditional upon your accep tance of the applicable EATON Electrical Selling Policy listed below.

Schedules are based on current factory scheduling. Lead times are subject to change at order entry due to market and plant conditions. Please contact your EATON Electrical sales engineer or distributor if different dates are required. Shipment Dates are based on returned Approval Drawings marked “RELEASED FOR MANUFACTURE”.

Job is quoted:

Per Plan Drawings and Spec Sections
Specifications: 16250, 16426.

Plans: E2, E3, 15E-2, E21, Bid Set dated Jan 2024.

Comments and special conditions as noted.

See BOM for equipment scope and details.

Unless otherwise noted:

Addendums:

Respectfully,

Mark Townsley
Eaton Electrical
Executive Sales Engineer
Mobile: (916) 799 -2429

Packet Page 64 of 299Attachment 2 Page 1 of 7

Detail Bill of Material Page 2 of 7
Project Name: Fairfield-Waterman WTP High Lift
Pump and Power Upgrade
Negotiation No: SR510319X4K2
General Order No: Alternate No: 0001

04/01/2024 1:59 PM

Item No. Qty Product Description
1 Switchboards Pow-R-Line Xpert Switchboard, Front Access/ Rear Align, Type 1, 480Y/277V 3-Phase 4-Wire, 4000 Tin Plated Copper, Minimum Interrupting Rating: 100kA, Bus Bracing Rating: 100kA, Depth: 0 In

Catalog No SUDNIIWX0D3A7
Designation MMS-1

Structure 1 4000 Amp Tin Plated CU Main Structure
Horizontal Isol. Barrier (Service Entrance)
Vertical Isol. Barrier (Service Entrance)
Compartment 1 - Utility 4000A Utility Metering - PACIFIC GAS &

ELECTRIC

Utility Meter Socket

Structure 2 4000 Amp Tin Plated CU Feeder Structure
Compartment 1 - Breaker 3000A 3P NRX-RF Brkr [Fixed-Manual], 100 kAIC

Mechanical (8) #4-500 kcmil
PXR20 LSIG w/ Modbus & ARMS Trip Unit

Structure 3 4000 Amp Tin Plated CU Bussed Incoming Pull Section

Structure 4 4000 Amp Tin Plated CU ATS Structure
Compartment 1 - ATS2 Magnum Non Automatic Transfer Switch, Drawout Mtd., Open Transition, 4000A, 3P, , Cat#
NTVEMGF34000XSU

Structure 5 4000 Amp Tin Plated CU NG Drawout Distribution Structure Compartment 1 - Surge Protective Device (SPD) SPD Series 250kA SPD, PXSPD (Includes Communications)

Compartment 2 - Metering 4000 Amp CT's only (3) wired to shorting block

Test Block
Compartment 3 - Blank Cover
Compartment 4 - Breaker 1200A Adj, 3P [NGC 1200A Frame] - Drawout

Mechanical (4) 4/0-500 kcmil
Digitrip 310+ ALSIG w/ ArcFlash Reduction Maintenance System Compartment 5 - Breaker 1200A Adj, 3P [NGC 1200A Frame] - Drawout

Mechanical (4) 4/0-500 kcmil
Digitrip 310+ ALSIG w/ ArcFlash Reduction Maintenance System

Structure 6 4000 Amp Tin Plated CU Distribution Structure Compartment 1 - Blank Cover
Compartment 2 - Breaker 250A 3P [JGC 250A Frame] - Drawout Mechanical (1) #4-350 kcmil
250A 310 Plus LSI Trip Unit
Compartment 3 - Breaker 300A 3P [LGC 600A Frame] - Drawout Mechanical (1) #2-500 kcmil
600A 310 Plus LSI Trip Unit
Compartment 4 - Breaker 600A 3P [LGC 600A Frame] - Drawout Mechanical (2) #2-500 kcmil
600A 310 Plus LSI Trip Unit

Packet Page 65 of 299Attachment 2 Page 2 of 7

Detail Bill of Material Page 3 of 7
Project Name: Fairfield-Waterman WTP High Lift
Pump and Power Upgrade
Negotiation No: SR510319X4K2
General Order No: Alternate No: 0001

04/01/2024 1:59 PM

Structure 7 4000 Amp Tin Plated CU Distribution Structure Compartment 1 - Breaker 600A 3P [LGC 600A Frame] - Drawout Mechanical (2) #2-500 kcmil
600A 310 Plus LSI Trip Unit
Compartment 2 - Breaker 600A 3P [LGC 600A Frame] - Drawout Mechanical (2) #2-500 kcmil
600A 310 Plus LSI Trip Unit
Compartment 3 - Breaker 600A 3P [LGC 600A Frame] - Drawout Mechanical (2) #2-500 kcmil
600A 310 Plus LSI Trip Unit
Compartment 4 - Breaker 600A 3P [LGC 600A Frame] - Drawout Mechanical (2) #2-500 kcmil
600A 310 Plus LSI Trip Unit
Compartment 5 - Breaker 600A 3P [LGC 600A Frame] - Drawout Mechanical (2) #2-500 kcmil
600A 310 Plus LSI Trip Unit

Qty List of Materials
7 Switchboard - Front Access/ Rear Align
1 Service Entrance Label
7 Tin Plated Copper Ground Bus
7 Seismic Freestanding Label (IBC/CBC Seismic Qualified) 1 4000 Amp Tin Plated CU Main Structure
1 4000A Utility Metering - PACIFIC GAS & ELECTRIC
2 Utility Meter Socket
1 Horizontal Isol. Barrier (Service Entrance)
1 Vertical Isol. Barrier (Service Entrance)
1 4000 Amp Tin Plated CU Feeder Structure
1 Mechanical (8) #4-500 kcmil
1 Lockoff device, Metal
1 4000 Amp Tin Plated CU Bussed Incoming Pull Section 1 4000 Amp Tin Plated CU ATS Structure
1 NTVEMG Drawout 3 Poles 4000 Amps - UL1008
1 12c. Indicating Light Normal Source Connected
1 12d. Indicating Light Emergency Source Connected
1 12g. Indicating Light Normal Source Present
1 12h. Indicating Light Emergency Source Present
1 49c. Multi-Tap Transformer
2 Enclosure - Type-1
1 Bus material - Plated Copper
2 58a. Shutterless Cassette
1 59a. Silver Plated Copper
2 22. Ground bus with lug provision (20 hole) for #6-350MCM 1 14j/k. Source Present (4 Form C)
1 15g/h. Source Position Indication (3 Form C Micro Switch Outputs) 1 37b. Rated as Suitable for Service Entrance w/Ground Fault 1 16b. Power Switch Overcurrent Protection Both Source 1 & Source 2 1 12l. Source 1 Digitrip-1150 LSIG 4000 Amps
1 12m. Source 2 Digitrip-1150 LSIG 2500 Amps
1 4000 Amp Tin Plated CU NG Drawout Distribution Structure 1 SPD Series 250kA SPD, PXSPD (Includes Communications) 2 Mechanical (4) 4/0-500 kcmil
10 Padlockable lockoff device
1 4000 Amp CT's only (3) wired to shorting block
1 Test Block
2 4000 Amp Tin Plated CU Distribution Structure
6 Mechanical (2) #2-500 kcmil
1 Mechanical (1) #2-500 kcmil
1 Mechanical (1) #4-350 kcmil
Packet Page 66 of 299Attachment 2 Page 3 of 7

Detail Bill of Material Page 4 of 7
Project Name: Fairfield-Waterman WTP High Lift
Pump and Power Upgrade
Negotiation No: SR510319X4K2
General Order No: Alternate No: 0001

04/01/2024 1:59 PM

Qty List of Materials
1 Phase Failure Relay
1 Copper Busway into Bottom Rear of Section 1.
1 ATS to be 4Pole
1 Voltage is 3ph 3wire for Load. 4wire only in Incoming Utility. Bonded to Ground

1 3000A 3P NRX-RF Brkr [Fixed-Manual], 100 kAIC, Trip 3000 A, PXR20 LSIG w/ Modbus & ARMS, (8) #4-500 kcmil, Mechanical, Bottom

2 1200A Adj, 3P [NGC 1200A Frame] - Drawout, Trip 1200 A, 310+ w/ ARMS, (4) 4/0-500 kcmil, Mechanical

6 600A 3P [LGC 600A Frame] - Drawout, Trip 600 A, 600A 310+, (2) #2-500 kcmil, Mechanical

1 300A 3P [LGC 600A Frame] - Drawout, Trip 300 A, 600A 310+, (1) #2-500 kcmil, Mechanical

1 250A 3P [JGC 250A Frame] - Drawout, Trip 250 A, 250A 310+, (1) #4-350 kcmil, Mechanical

1 Automatic Transfer Switch Magnum Non Automatic Transfer Switch, Drawout Mtd., Open Transition, 4000A, 3P, , Cat# NTVEMGF34000XSU ATS2 Designations:

Item No. Qty Product Description
1 Low Voltage Bus Pow-R-Way III, 3 Phase, 4 Wire, 100% Neutral, 4000A, UL/CSA- Certification, 480/277V, Copper - Tin Plated Bus, Ground-Integral

Catalog No CN_BusRun
Designation 4000A Busway

Qty List of Materials

15.00 Feet of 4000A, Seismic, Outdoor Busway - 3 Phase, 4 Wire, 100% Neutral And Integral Ground

1 Gray ANSI 61 Paint
1 Special Flange (4000A)
1 Flange (4000A)
1 Joint Puller
1 Wall/Floor Flange (4000A)

Eaton Selling Policy 25-000 applies.

All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction thereof for the time the shipment is delayed.

Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof.

DESCRIPTION CUSTOMER NET
(TAX NOT INCLUDED)
BASE LOT PRICE $783,875.00 USD

Total $783,875.00 USD

Packet Page 67 of 299Attachment 2 Page 4 of 7

Detail Bill of Material Page 5 of 7
Project Name: Fairfield-Waterman WTP High Lift
Pump and Power Upgrade
Negotiation No: SR510319X4K2
General Order No: Alternate No: 0001

04/01/2024 1:59 PM

EQUIPMENT Working Weeks for Bid
Manager Approval Drawings
after receipt of written P.O.
from customer.

Working Weeks to ship after
release of order. Transit time
is not included and cannot be
guaranteed.

PRLX Switchboard 4-6 90-95
Pow-R-Way III LV Busway 6-8 20-25

PROJECT SPECIFIC COMMENTS & CLARIFICATIONS

 Quotation is for equipment only. Factory start-up, commissioning, field testing and training will be quoted at a later date.  SWB quote includes (3) 4000:5 CTs wired to shorting blocks for owner to provide, mount and wire 3 rd party power meter system.
 SWB PV breaker configured for top cable exit.
 LV Busway quoted as NEMA 3R construction for outdoor use.  LV Busway is estimated at 15’. Owner will need to advise actual distance from utility transformer throat to rear of SWB.

Packet Page 68 of 299Attachment 2 Page 5 of 7

Detail Bill of Material Page 6 of 7
Project Name: Fairfield-Waterman WTP High Lift
Pump and Power Upgrade
Negotiation No: SR510319X4K2
General Order No: Alternate No: 0001

04/01/2024 1:59 PM

COMMENTS & SPECIAL CONDITIONS

1. Written quotations are valid for 30 days from its date unless otherwise stated.

2. Lead times are plus transit.

3. Eaton provides FOB Factory (or FOB Destination as adder); any additional logistics/staging/kitting should be coordinated through an authorized Eaton distributor.

4. The bill of material is based upon on our interpretation of any specifications, drawings, and/or other information provided. Any items or features not listed in the bill of material are not included.

5. Any modifications or additions to the bill of material will require a revised quotation and is subject to a change in price and lead times.

6. Items NOT included unless shown as a separate item within the bill of materials: safety switches, enclosed circuit breakers, starters, meter sockets, lighting contactors, fuses, spare parts, renewal parts, other miscellaneous equipment, factory testing, extended warranty, seismic calculations, selective coordination or ArcFlash analysis.

7. When the information is not indicated, it is assumed equipment enclosures are NEMA 1 indoor.

8. When the information is not indicated, it is assumed Panelboards are NEMA 1 indoor, flush mounted, 10kAIC (208V) and 14kAIC (480V).

9. Nameplates are NOT included for miscellaneous equipment such as safety switches, enclosed circuit breakers, starters, lighting contactors, etc.

10. Cable terminations use mechanical type lugs. Mechanical lugs will accept either copper or aluminum cables. Compression type lugs are available at an additional charge.

11. Proposed equipment is finished using EATON Electrical standard application process and colors.

12. Dry Type transformers (DOE 2016) supplied do NOT include primary or secondary terminal lugs. Dry type transformers are supplied with factory standard impedance and reactance levels unless shown otherwise.

13. Motor control centers overload heaters are included in MCC pricing. However, these heaters will NOT be shipped until a verified list of full load amps or the specific heater sizes have been submitted to Eaton Electrical in writing.

14. The Supply and Installation of Labels and Signage as required by the 2011 NEC/2010 CEC (i.e., See 110.24; 230.72(A); 312.8(3); 403.8(F)(2); 408.4) as “Field Installed” are the responsibility of the End User and are NOT included in this quotation.

15. SEISMIC QUALIFICATION: Eaton equipment is Seismic certified per IBC and CBC requirements where applicable. Eaton will supply “Seismic Qualified” certificates, mounting provision locations, center of gravity, weights, and installation recommendations. (These items can also be found at www.eaton.com/seismic) The CONTRACTOR will be responsible for all costs associated with the equipment anchorage details that are to be prepared and stamped by a licensed civil engineer in the State of California. Said drawings shall be coordinated with the Eaton supplied mounting provision locations, center of gravity, weights, and installation recommendations. Calculations of anchor lengths and other seismic calculations are to be PROVIDED BY OTHERS.

16. TITLE 24: Panels and switchboards - Eaton is not responsible for Title 24 design compliance unless Title 24 requirements are an integral part of the design.

SPD and customer metering is only included where shown on single line or panel schedules.

17. NEC/CEC ARTICLE 240.87(B): Eaton will provide the arc reduction method where it is specifically called for on the plans and specifications for circuit breakers that are rated or can be adjusted to 1200A or higher. Where no method is detailed on the plans and specifications, Eaton will provide standard circuit breakers with the features defined in the plans and specifications and can provide the additional cost adder(s) for compliance with article 240.87(B) at a future date when the designers of the project select their choice of arc reduction method.

TERMS & CONDITIONS SUMMARY

1. All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction there of for the time the shipment is delayed.

2. Customer accepts Terms & Conditions of the EATON Corporation 25-000 Selling Policy when accepting this quotation and placing an order. Eaton 25-000 Selling Policy also contains payment, net and discount terms. Customer’s PO must state “Per EATON 25-000 Selling Policy.

Packet Page 69 of 299Attachment 2 Page 6 of 7

Detail Bill of Material Page 7 of 7
Project Name: Fairfield-Waterman WTP High Lift
Pump and Power Upgrade
Negotiation No: SR510319X4K2
General Order No: Alternate No: 0001

04/01/2024 1:59 PM

3. Applicable sales taxes are NOT included in the quoted price.

4. Delivery of this electrical equipment to any common carrier shall constitute delivery to the purchaser; and all risk of loss and damage during shipment shall pass to the purchaser at that time.

5. Freight charges are included in the price (Standard ground freight). F.O.B. - Factory to accessible common carrier point nearest first destination continental USA. For F.O.B. Destination, add 2% to the above Quoted Amount. (NOTE: F.O.B. – Destination is INCLUDED on all GSA purchases)

6. WARRANTY: Standard EATON Electrical warranty is applicable for (12) months from date of installation of the product or (18) months from date of shipment of the product, whichever occurs first.

Packet Page 70 of 299Attachment 2 Page 7 of 7

Agenda Item No: 9.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202468 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
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
California Public Employees Retirement System (CalPERS) staff has notified City staff that its current contract with the City has provisions that do not reflect the current cost share agreements between the City and employee associations as stated in each Memoranda of Understanding (MOU). Therefore, CalPERS requested City staff to amend its contract to reflect the current cost share agreements.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS.Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013.Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o Miscellaneous Employees: 2.5%
o Fire Employees: 2.25%
o Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 71 of 299

Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changes in the contract and continued to accept the City’s payroll reports until September 2023 assuming the cost sharing agreements will continue as negotiated between the City and employee associations.

In September 2023, CalPERS notified the City that these provisions in the contract need to be amended for the cost sharing arrangements to remain as they are stated in the MOU with each bargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions, the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with each bargaining unit.

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield General Management Association (FGMA) have met and conferred and have agreed to the attached side letter agreement.

City Council passed Resolution 2023284 on December 5, 2023, authorizing the city manager to execute a side letter with FGMA. However, when staff shared the side letter with CalPERS staff, they informed City staff that they had given City staff the wrong side letter template and the side letter needed to be corrected and resigned. City staff has remedied this error by obtaining a corrected side letter agreement from FGMA, and is requesting the council to adopt a new resolution.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
Packet Page 72 of 299

Agenda Item No: 9.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202468 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield General ManagementAssociation to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS.Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013.Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend the contract to reflectthe agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September 2023 assuming thecost sharing agreements will continue as negotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativesof Fairfield General Management Association (FGMA) have met and conferred and have agreed to theattached side letter agreement.City Council passed Resolution 2023284 on December 5, 2023, authorizing the city manager toexecute a side letter with FGMA. However, when staff shared the side letter with CalPERS staff, theyinformed City staff that they had given City staff the wrong side letter template and the side letterneeded to be corrected and resigned. City staff has remedied this error by obtaining a corrected sideletter agreement from FGMA, and is requesting the council to adopt a new resolution.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 4/2/2024 1:00 AM
Henry, Alicia Rejected 4/2/2024 1:15 AM
Pirouzmand, Farbod Approved 4/1/2024 11:08 PM
Pirouzmand, Farbod Approved 4/2/2024 2:11 AM
Henry, Alicia Approved 4/2/2024 2:54 AM
Pirouzmand, Farbod Approved 4/2/2024 2:57 AM
Dombrowski, Delaney Approved 4/2/2024 11:00 AM
Dombrowski, Delaney Approved 4/2/2024 11:00 AM
Packet Page 73 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-68

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield General Management Association (FGMA); and

WHEREAS, Article 12.B of the MOU between the City and FGMA states employees will pay 2.75% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FGMA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Miscellaneous Employees
 Shall pay an additional 2.75% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-284 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FGMA to reflect the employee cost share amount as described above.

Packet Page 74 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-68

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 75 of 299Attachment 1 Page 2 of 2

Packet Page 76 of 299Attachment 2 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202469 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
RECOMMENDED ACTION
Adopt resolution.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o   Miscellaneous Employees: 2.5%
o   Fire Employees: 2.25%
o   Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 77 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield Employees' Association (FEA) have met and conferred and have agreed to the attached side letter agreement.

The City Council passed Resolution 2023285 on December 5, 2023, authorizing the city manager to execute a side letter with FEA. However, when staff shared the side letter with CalPERS staff, they informed City staff that they had given City staff the wrong side letter template and the side letter needed to be corrected and resigned. City staff has remedied this error by getting agreement from FEA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
Packet Page 78 of 299

Agenda Item No: 10.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202469 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Employees' Associationto Amend the City Contract with CalPERS Pursuant to Government Code 20516Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS. Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend the contract to reflectthe agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September 2023 assuming thecost sharing agreements will continue as negotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativesof Fairfield Employees' Association (FEA) have met and conferred and have agreed to the attachedside letter agreement.The City Council passed Resolution 2023285 on December 5, 2023, authorizing the city manager toexecute a side letter with FEA. However, when staff shared the side letter with CalPERS staff, theyinformed City staff that they had given City staff the wrong side letter template and the side letterneeded to be corrected and resigned. City staff has remedied this error by getting agreement fromFEA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Henry, Alicia Rejected 4/2/2024 1:13 AM
Pirouzmand, Farbod Approved 4/1/2024 11:03 PM
Pirouzmand, Farbod Approved 4/2/2024 2:10 AM
Henry, Alicia Approved 4/2/2024 2:26 AM
Pirouzmand, Farbod Approved 4/2/2024 2:39 AM
Dombrowski, Delaney Approved 4/2/2024 10:58 AM
Dombrowski, Delaney Approved 4/2/2024 10:59 AM
Packet Page 79 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-69

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Employees’ Association (FEA); and

WHEREAS, Article 12.B of the MOU between the City and FEA states employees will pay 2.5% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented b y FEA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Miscellaneous Employees
 Shall pay an additional 2.5% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-285 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FEA to reflect the employee cost share amount as described above.

Packet Page 80 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-69

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 81 of 299Attachment 1 Page 2 of 2

Packet Page 82 of 299Attachment 2 Page 1 of 1

Agenda Item No: 11.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202470 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
RECOMMENDED ACTION
Adopt resolution.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o   Miscellaneous Employees: 2.5%
o   Fire Employees: 2.25%
o   Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 83 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%, Fire, Police: 2.25%, and Police Managers agreed to increase cost share to 3%). However, in the ensuing years, City staff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changes in the contract and continued to accept the City’s payroll reports until September 2023 assuming the cost sharing agreements will continue as negotiated between the City and employee associations.

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield Police Management Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Packet Page 84 of 299

Agenda Item No: 11.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202470 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Police ManagementAssociation to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS. Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire, Police: 2.25%, and Police Managers agreed to increase cost share to 3%). However, in theensuing years, City staff did not amend the contract to reflect the agreement with each bargaining unitthat the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeablefuture. CalPERS staff also did not take note of the changes in the contract and continued to accept theCity’s payroll reports until September 2023 assuming the cost sharing agreements will continue asnegotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives ofFairfield Police Management Association have met and conferred and have agreed to the attachedside letter agreement.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] WITHCity Manager's Office, Finance DepartmentATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Henry, Alicia Approved 4/2/2024 2:23 AM
Henry, Alicia Approved 4/2/2024 3:13 AM
Dombrowski, Delaney Approved 4/2/2024 8:53 AM
Packet Page 85 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-70

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Police Management Association (FPMA); and

WHEREAS, Article 17 B.1 of the MOU between the City and FPMA states employees will pay 3% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPMA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Safety Employees
 Shall pay an additional 3% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-289 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPMA to reflect the employee cost share amount as described above.

Packet Page 86 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-70

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 87 of 299Attachment 1 Page 2 of 2

Packet Page 88 of 299Attachment 2 Page 1 of 1

Agenda Item No: 12.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202471 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
RECOMMENDED ACTION
Adopt resolution.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o   Miscellaneous Employees: 2.5%
o   Fire Employees: 2.25%
o   Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 89 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield Police Officers' Association (FPOA) have met and conferred and have agreed to the attached side letter agreement.

The City Council passed Resolution 2023290 on December 5, 2023, authorizing the city manager to execute a side letter with FPOA. However, when staff shared the side letter with CalPERS staff, they informed City staff that they had given City staff the wrong side letter template and the side letter needed to be corrected and resigned. City staff has remedied this error by getting agreement from FPOA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
Packet Page 90 of 299

Agenda Item No: 12.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202471 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Police Officers'Association to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS. Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend the contract to reflectthe agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September 2023 assuming thecost sharing agreements will continue as negotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativesof Fairfield Police Officers' Association (FPOA) have met and conferred and have agreed to theattached side letter agreement.The City Council passed Resolution 2023290 on December 5, 2023, authorizing the city manager toexecute a side letter with FPOA. However, when staff shared the side letter with CalPERS staff, theyinformed City staff that they had given City staff the wrong side letter template and the side letterneeded to be corrected and resigned. City staff has remedied this error by getting agreement fromFPOA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 4/2/2024 2:40 AM
Henry, Alicia Approved 4/2/2024 3:05 AM
Dombrowski, Delaney Approved 4/2/2024 8:54 AM
Packet Page 91 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-71

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Police Officers’ Association (FPOA); and

WHEREAS, Article 16 B of the MOU between the City and FPOA states employees will pay 2.25% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPOA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Safety Employees
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-290 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPOA to reflect the employee cost share amount as described above.

Packet Page 92 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-71

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 93 of 299Attachment 1 Page 2 of 2

Packet Page 94 of 299Attachment 2 Page 1 of 1

Agenda Item No: 13.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202472 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
RECOMMENDED ACTION
Adopt resolution.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o   Miscellaneous Employees: 2.5%
o   Fire Employees: 2.25%
o   Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 95 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield Fire Managers' Association (FFMA) have met and conferred and have agreed to the attached side letter agreement.

The City Council passed Resolution 2023287 on December 5, 2023, authorizing the city manager to execute a side letter with FFMA. However, when staff shared the side letter with CalPERS staff, they informed City staff that they had given City staff the wrong side letter template and the side letter needed to be corrected and resigned. City staff has remedied this error by getting agreement from FFMA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
Packet Page 96 of 299

Agenda Item No: 13.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202472 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Fire Managers'Association to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS. Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend the contract to reflectthe agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September 2023 assuming thecost sharing agreements will continue as negotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativesof Fairfield Fire Managers' Association (FFMA) have met and conferred and have agreed to theattached side letter agreement.The City Council passed Resolution 2023287 on December 5, 2023, authorizing the city manager toexecute a side letter with FFMA. However, when staff shared the side letter with CalPERS staff, theyinformed City staff that they had given City staff the wrong side letter template and the side letterneeded to be corrected and resigned. City staff has remedied this error by getting agreement fromFFMA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 4/2/2024 2:06 AM
Henry, Alicia Approved 4/2/2024 2:51 AM
Pirouzmand, Farbod Approved 4/2/2024 2:56 AM
Dombrowski, Delaney Approved 4/2/2024 10:59 AM
Dombrowski, Delaney Approved 4/2/2024 11:00 AM
Packet Page 97 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-72

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Fire Managers’ Association (FFMA); and

WHEREAS, Article 13.A of the MOU between the City and FFMA states employees will pay 2.25% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FFMA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Safety Employees
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-287 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FFMA to reflect the employee cost share amount as described above.

Packet Page 98 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-72

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 99 of 299Attachment 1 Page 2 of 2

Packet Page 100 of 299Attachment 2 Page 1 of 1

Agenda Item No: 14.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202473 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
RECOMMENDED ACTION
Adopt resolution.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o   Miscellaneous Employees: 2.5%
o   Fire Employees: 2.25%
o   Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 101 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, the City staff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changes in the contract and continued to accept the City’s payroll reports until September 2023 assuming the cost sharing agreements will continue as negotiated between the City and employee associations.

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield Professional Firefighters Association (FPFA) have met and conferred and have agreed to the attached side letter agreement.

The City Council passed Resolution 2023286 on December 5, 2023, authorizing the city manager to execute a side letter with FPFA. However, when staff shared the side letter with CalPERS staff, they informed City staff that they had given City staff the wrong side letter template and the side letter needed to be corrected and resigned. City staff has remedied this error by getting agreement from FPFA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
Packet Page 102 of 299

Agenda Item No: 14.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202473 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield ProfessionalFirefighters' Association to Amend the City Contract with CalPERS Pursuant toGovernment Code 20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements. DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS. Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, the City staff did not amend the contract toreflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September 2023 assuming thecost sharing agreements will continue as negotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativesof Fairfield Professional Firefighters Association (FPFA) have met and conferred and have agreed tothe attached side letter agreement.The City Council passed Resolution 2023286 on December 5, 2023, authorizing the city manager toexecute a side letter with FPFA. However, when staff shared the side letter with CalPERS staff, theyinformed City staff that they had given City staff the wrong side letter template and the side letterneeded to be corrected and resigned. City staff has remedied this error by getting agreement fromFPFA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Henry, Alicia Rejected 4/2/2024 1:39 AM
Pirouzmand, Farbod Approved 4/1/2024 11:05 PM
Pirouzmand, Farbod Approved 4/2/2024 2:11 AM
Henry, Alicia Approved 4/2/2024 2:31 AM
Pirouzmand, Farbod Approved 4/2/2024 2:39 AM
Dombrowski, Delaney Approved 4/2/2024 10:59 AM
Dombrowski, Delaney Approved 4/2/2024 10:59 AM
Packet Page 103 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-73

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Professional Firefighters’ Association (FPFA); and

WHEREAS, Article 13.C of the MOU between the City and FPFA states employees will pay 2.25% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPFA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Safety Employees
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-286 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPFA to reflect the employee cost share amount as described above.

Packet Page 104 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-73

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 105 of 299Attachment 1 Page 2 of 2

Packet Page 106 of 299Attachment 2 Page 1 of 1

Agenda Item No: 15.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202474 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield PartTime Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Each employee category had the following cost sharing arrangement with the City:
o   Miscellaneous Employees: 2.5%
o   Fire Employees: 2.25%
o   Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU.

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Packet Page 107 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, the City staff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changes in the contract and continued to accept the City’s payroll reports until September 2023 assuming the cost sharing agreements will continue as negotiated between the City and employee associations.

CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives of Fairfield PartTime Employees' Association (FPTEA) have met and conferred and have agreed to the attached side letter agreement.

The City Council passed Resolution 2023288 on December 5, 2023, authorizing the city manager to execute a side letter with FPTEA. However, when staff shared the side letter with CalPERS staff, they informed City staff that they had given City staff the wrong side letter template and the side letter needed to be corrected and resigned. City staff has remedied this error by getting agreement from FPTEA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
Packet Page 108 of 299

Agenda Item No: 15.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202474 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield PartTime Employees'Association to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS. Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013. Both City and CalPERSstaff are working together to resolve this matter. Here is the summary of the reasons for the need toamend the City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, the City staff did not amend the contract toreflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September 2023 assuming thecost sharing agreements will continue as negotiated between the City and employee associations.In September 2023, CalPERS notified the City that these provisions in the contract need to beamended for the cost sharing arrangements to remain as they are stated in the MOU with eachbargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions,the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with eachbargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First, each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativesof Fairfield PartTime Employees' Association (FPTEA) have met and conferred and have agreed tothe attached side letter agreement.The City Council passed Resolution 2023288 on December 5, 2023, authorizing the city manager toexecute a side letter with FPTEA. However, when staff shared the side letter with CalPERS staff, theyinformed City staff that they had given City staff the wrong side letter template and the side letterneeded to be corrected and resigned. City staff has remedied this error by getting agreement fromFPTEA on a corrected side letter agreement, and is requesting the council to adopt a new resolution.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Side Letter
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 4/2/2024 2:09 AM
Henry, Alicia Approved 4/2/2024 2:55 AM
Pirouzmand, Farbod Approved 4/2/2024 2:57 AM
Dombrowski, Delaney Approved 4/2/2024 11:01 AM
Dombrowski, Delaney Approved 4/2/2024 11:01 AM
Packet Page 109 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-74

RESOLUTION 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 201516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Part-Time Employees’ Association (FPTEA); and

WHEREAS, Article 13.A of the MOU between the City and FPTEA states employees will pay 2.5% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPTEA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic Miscellaneous Employees
 Shall pay an additional 2.5% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS

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

Section 1. This resolution is to amend Resolution 2023-288 to update language in accordance with CalPERS guidelines defining classic employees and the effective date.

Section 2. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPTEA to reflect the employee cost share amount as described above.

Packet Page 110 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-74

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 111 of 299Attachment 1 Page 2 of 2

Packet Page 112 of 299Attachment 2 Page 1 of 1

Agenda Item No: 16.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202475 through Resolution 202479 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 RECOMMENDED ACTION
Adopt resolution.

Unrepresented employees have cost share amounts similar to cost share amounts stated in the collective bargaining agreements with employee associations. The attached resolutions provide specific cost share amounts for each unrepresented employee group.

DISCUSSION
The City and staff from CalPERS recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the MOU between employee associations and the City for classic members of CalPERS.Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January 2013.Classic employees in un represented groups are also impacted by issues described in this report. Both City and CalPERS staff are working together to resolve this matter.Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:

The CalPERS contract with the City was last amended in 2012 for classic members.

It lists three major employee categories: Miscellaneous, Fire, and Police.

Packet Page 113 of 299

The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:

Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
There are three different groups of unrepresented employees at the City: nonmanagement confidential, management confidential, and executive management. These employees work in Finance, HR, and the City Manager’s Office, primarily, including department heads, assistant city manager and city manager.

Classic employees in these unrepresented groups have historically followed the FEA and FGMA cost sharing provisions.After 2012, the MOUs continued to have the same cost sharing provision as listed above (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changes in the contract and continued to accept the City’s payroll reports until September of this year assuming the cost sharing agreements will continue as negotiated between the City and employee associations.

CalPERS staff prescribed the following steps for the contract amendment that effects nonrepresented employees. First, the City Council would have to approve a resolution that listed the cost sharing amounts for each group and that authorized the city manager to amend the CalPERS contract.

Second, CalPERS will print out ballots for each classic member in the nonrepresented groups. And City staff will disseminate the ballots to those employees for them to vote on amending the CalPERS contract to reflect the current cost share amounts paid by employees.

The council passed Resolution 2023290 on December 5, 2023, authorizing the city manager to amend the CalPERS contract for nonrepresented employees. However, when staff shared the resolution with CalPERS staff, they informed City staff that separate resolutions are needed for the following unrepresented employees: Executive Management, Safety Police Executive Management, Safety Fire Executive Management, Confidential Management and Confidential NonManagement. City staff has remedied this error by writing five separate resolutions for the council to adopt.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the amendment to the CalPERS contract.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
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Agenda Item No: 16.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202475 through Resolution 202479 of the City Council of the City ofFairfield Amending the City’s CalPERS Contract Pursuant to Government Code 20516to Reflect the Current Employee Cost Share for the Unrepresented EmployeesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECalifornia Public Employees Retirement System (CalPERS) staff has notified City staff that its currentcontract with the City has provisions that do not reflect the current cost share agreements between theCity and employee associations as stated in each Memoranda of Understanding (MOU). Therefore,CalPERS requested City staff to amend its contract to reflect the current cost share agreements.Unrepresented employees have cost share amounts similar to cost share amounts stated in thecollective bargaining agreements with employee associations. The attached resolutions providespecific cost share amounts for each unrepresented employee group.DISCUSSIONThe City and staff from CalPERS recently discovered certain provisions of its contract with the Cityneed to be amended so that the contract complies with the MOU between employee associations andthe City for classic members of CalPERS.Classic Members of CalPERS are employees who wereemployed at the City or were in the CalPERS system prior to January 2013.Classic employees in unrepresented groups are also impacted by issues described in this report. Both City and CalPERS staffare working together to resolve this matter.Here is the summary of the reasons for the need to amendthe City’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire, and Police.Each employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU.The CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021There are three different groups of unrepresented employees at the City: nonmanagement confidential,management confidential, and executive management. These employees work in Finance, HR, and theCity Manager’s Office, primarily, including department heads, assistant city manager and city manager.Classic employees in these unrepresented groups have historically followed the FEA and FGMA costsharing provisions.After 2012, the MOUs continued to have the same cost sharing provision as listedabove (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, City staff did not amend thecontract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in eachMOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of thechanges in the contract and continued to accept the City’s payroll reports until September of this yearassuming the cost sharing agreements will continue as negotiated between the City and employeeassociations. CalPERS staff prescribed the following steps for the contract amendment that effects nonrepresentedemployees. First, the City Council would have to approve a resolution that listed the cost sharingamounts for each group and that authorized the city manager to amend the CalPERS contract.Second, CalPERS will print out ballots for each classic member in the nonrepresented groups. AndCity staff will disseminate the ballots to those employees for them to vote on amending the CalPERScontract to reflect the current cost share amounts paid by employees. The council passed Resolution 2023290 on December 5, 2023, authorizing the city manager to amendthe CalPERS contract for nonrepresented employees. However, when staff shared the resolution withCalPERS staff, they informed City staff that separate resolutions are needed for the followingunrepresented employees: Executive Management, Safety Police Executive Management, Safety FireExecutive Management, Confidential Management and Confidential NonManagement. City staff hasremedied this error by writing five separate resolutions for the council to adopt.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution Executive Management
Attachment 2: Proposed Resolution Safety Police Executive Management Attachment 3: Proposed Resolution Safety Fire Executive Management Attachment 4: Proposed Resolution Confidential Management Attachment 5: Proposed Resolution Confidential NonManagement REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 4/2/2024 2:40 AM
Henry, Alicia Approved 4/2/2024 3:11 AM
Dombrowski, Delaney Approved 4/2/2024 8:54 AM
Packet Page 115 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-75

RESOLUTION 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
(CLASSIC MISCELLANEOUS EXECUTIVE MANAGEMENT/CITY MANAGER GROUP)

WHEREAS, the unrepresented employees of the City of Fairfield who are not covered by a Memorandum of Understanding; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for unrepresented employees in order to amend the contract with CalPERS to include cost share for the following employees;

 Classic Miscellaneous Executive Management/City Manager group  Shall pay an additional 2.5% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS.

WHEREAS, this resolution is an agreement between the City of Fairfield and its unrepresented employees Classic Miscellaneous Executive Management/City Manager group to include cost share pursuant to GC 20516.

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

Section 1. The City Council approves this resolution to amend the existing contract between the City of Fairfield and CalPERS under Government Code 20516.

PASSED AND ADOPTED this 16th 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
Packet Page 116 of 299Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2024-76

RESOLUTION 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
(CLASSIC SAFETY POLICE EXECUTIVE MANAGEMENT GROUP)

WHEREAS, the unrepresented employees of the City of Fairfield who are not covered by a Memorandum of Understanding; and

 Classic Safety Police Executive Management group
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS.

WHEREAS, this resolution is an agreement between the City of Fairfield and its unrepresented employees Classic Safety Police Executive Management group to include cost share pursuant to GC 20516.

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

Section 1. The City Council approves this resolution to amend the existing contract between the City of Fairfield and CalPERS under Government Code 20516.

PASSED AND ADOPTED this 16th 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
Packet Page 117 of 299Attachment 2 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2024-77

RESOLUTION 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
(CLASSIC SAFETY FIRE EXECUTIVE MANAGEMENT GROUP)

WHEREAS, the unrepresented employees of the City of Fairfield who are not covered by a Memorandum of Understanding; and

 Classic Safety Fire Executive Management group
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS.

WHEREAS, this resolution is an agreement between the City of Fairfield and its unrepresented employees Classic Safety Fire Executive Management group to include cost share pursuant to GC 20516.

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

Section 1. The City Council approves this resolution to amend the existing contract between the City of Fairfield and CalPERS under Government Code 20516.

PASSED AND ADOPTED this 16th 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
Packet Page 118 of 299Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2024-78

RESOLUTION 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
(CLASSIC MISCELLANEOUS CONFIDENTIAL MANAGEMENT GROUP)

WHEREAS, the unrepresented employees of the City of Fairfield who are not covered by a Memorandum of Understanding; and

 Classic Miscellaneous Confidential Management group
 Shall pay an additional 2.75% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS.

WHEREAS, this resolution is an agreement between the City of Fairfield and its unrepresented employees Classic Miscellaneous Confidential Management group to include cost share pursuant to GC 20516.

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

Section 1. The City Council approves this resolution to amend the existing contract between the City of Fairfield and CalPERS under Government Code 20516.

PASSED AND ADOPTED this 16th 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
Packet Page 119 of 299Attachment 4 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2024-79

RESOLUTION 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
(CLASSIC MISCELLANEOUS CONFIDENTIAL NON-MANAGEMENT GROUP)

WHEREAS, the unrepresented employees of the City of Fairfield who are not covered by a Memorandum of Understanding; and

 Classic Miscellaneous Confidential Non-Management group  Shall pay an additional 2.5% towards the employer rate per GC 20516  Effective date as administratively possible by CalPERS.

WHEREAS, this resolution is an agreement between the City of Fairfield and its unrepresented employees Classic Miscellaneous Confidential Non-Management group to include cost share pursuant to GC 20516.

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

Section 1. The City Council approves this resolution to amend the existing contract between the City of Fairfield and CalPERS under Government Code 20516.

PASSED AND ADOPTED this 16th 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
Packet Page 120 of 299Attachment 5 Page 1 of 1

Agenda Item No: 17.

AGENDA REPORT
DATE:April 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 202480 of the City Council of the City of Fairfield Discontinuing the Reduced Fare Taxi Service Program
RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
In 2015, the City of Fairfield implemented a Reduced Fare Taxi Program (Program) that is administered by the Public Works’ Transportation Division. The Program was last amended in May 2023, with Liberty Transit, Inc. (Liberty) and Veterans Corporation (Veterans). The current taxi contracts with Liberty and Veterans were extended until June 30, 2024, to allow time for the City to fully implement its current FAST Connect microtransit pilot service in Cordelia/Green Valley and Northeast Fairfield.

Now that microtransit services have begun, the Program can be discontinued. The City is required to hold a public hearing when services are being discontinued.

DISCUSSION
The Program subsidizes local taxi trips for eligible residents, aged 60 or older, and for residents who qualify for paratransit services. The City uses taxi scrip paper vouchers as a means to pay for all eligible taxi trips taken under the Program. After trips are taken, the City reimburses the taxi providers for the taxi scrip accepted. Approximately 50 residents per month regularly utilize this service.

The City Council approved FAST’s Transit System Comprehensive Operational Analysis in September 2022. The final recommended change for this initiative was to refocus taxi program resources to allow for the expansion of FAST Connect microtransit services to other areas of Fairfield.

Since this program was implemented, more transportation options are available that also offer eligible residents free or reducedcost rides to medical appointments, pick up prescriptions, grocery shopping, etc. Currently enrolled Program users will still be able to seek similar services through the following programs that operate in Fairfield:

Packet Page 121 of 299

Agenda Item No: 17.AGENDA REPORTDATE:April 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; and Resolution 202480 of the City Council of the City of Fairfield Discontinuing theReduced Fare Taxi Service ProgramRECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEIn 2015, the City of Fairfield implemented a Reduced Fare Taxi Program (Program) that isadministered by the Public Works’ Transportation Division. The Program was last amended in May2023, with Liberty Transit, Inc. (Liberty) and Veterans Corporation (Veterans). The current taxi contractswith Liberty and Veterans were extended until June 30, 2024, to allow time for the City to fully implementits current FAST Connect microtransit pilot service in Cordelia/Green Valley and Northeast Fairfield.Now that microtransit services have begun, the Program can be discontinued. The City is required tohold a public hearing when services are being discontinued.DISCUSSIONThe Program subsidizes local taxi trips for eligible residents, aged 60 or older, and for residents whoqualify for paratransit services. The City uses taxi scrip paper vouchers as a means to pay for alleligible taxi trips taken under the Program. After trips are taken, the City reimburses the taxi providersfor the taxi scrip accepted. Approximately 50 residents per month regularly utilize this service. The City Council approved FAST’s Transit System Comprehensive Operational Analysis in September2022. The final recommended change for this initiative was to refocus taxi program resources to allowfor the expansion of FAST Connect microtransit services to other areas of Fairfield.Since this program was implemented, more transportation options are available that also offer eligible residents free or reducedcost rides to medical appointments, pick up prescriptions, grocery shopping, etc. Currently enrolled Program users will still be able to seek similar services through the following programs that operate in Fairfield:

The First/Last Mile Program allows Fairfield residents a travel connection to and from all Solano County Transportation Centers to complete the first or last leg of a user’s trip.

The Guaranteed Ride Home Program enables Fairfield residents to get to and from work in a qualified emergency.

The Solano Older Adults Medical Trip Concierge Service provides up to 20 subsidized Uber and Lyft rides to get to medical appointments. The service pays for 60% of rider costs.

The Solano County Intercity Taxi Program offers low incomecertified individuals the option to purchase $100 in taxi card funds for either $20 or $40, depending on their income level.

Staff would continue to work with residents to educate them on these alternative programs. Staff would also notify all eligible participants by letter of this upcoming change.

FINANCIAL IMPACT
Discontinuing the Program would save the Transportation Enterprise Fund approximately $230,000 per year.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice and action was published in the Daily Republic on March 17, 2024, and April 14, 2024. Notices were also prepared and distributed to Program users who purchase the taxi scrip from the Fairfield Transportation Center each month.

ALTERNATIVE ACTION
The council may choose to continue the Program, but this would not allow for near term expansion of FAST Connect microtransit to other areas of the City. Expansion of FAST Connect was the primary implementation recommendation of FAST’s councilapproved Consolidated Operational Analysis in September 2022.

STAFF CONTACT
Diane Feinstein, Transportation Manager
(707) 4343808
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 4/1/2024 8:03 PM
Kaushal, Paul Approved 4/1/2024 8:18 PM
Dombrowski, Delaney Approved 4/2/2024 10:58 AM
Dombrowski, Delaney Approved 4/2/2024 10:58 AM
Packet Page 122 of 299

CITY OF FAIRFIELD

RESOLUTION NO. 2024-80

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DISCONTINUING THE REDUCED

FARE TAXI SERVICES PROGRAM

WHEREAS, the City of Fairfield operates a transit system called FAST for the residents of the City; and

WHEREAS, FAST also operates a Reduced Fare Taxi Program (Program) available to Fairfield residents age 60 or older and/or paratransit eligible individuals; and

WHEREAS, the current agreements between the City with Liberty Transit, Inc. and Veterans Corporation to provide service for the Program will expire June 30, 2024; and

WHEREAS, the City Council approved FAST’s first Comprehensive Operational Analysis (COA) in September 2022; and

WHEREAS, the COA recommended discontinuing the taxi program and refocusing taxi funding to allow for expansion of FAST Connect microtransit services to other areas of Fairfield; and

WHEREAS, staff published a public notice and held a public hearing on April 16, 2024, to seek public input on this change.

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

Section 1. The city manager, public works director, or transportation manager are directed to do all things necessary to discontinue this program and refocus its funding toward FAST Connect microtransit.

Packet Page 123 of 299Attachment 1 Page 1 of 2

RES. NO. 2024-80

Page 2 ends

Fairfield City CouncilApril 16, 2024

Fairfield City Council
April 16, 2024