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

PASSED AND ADOPTED this 16th day of July 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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1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ______________________ , 2024 (“Effective Date”) by and between the City of Fairfield, a municipal corporation (the "CITY") and California Wood Recycling, Inc. DBA Agromin, a California corporation ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSULTANT.

CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A." 2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control.
5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect as of the Effective Date through December 31, 2026; or until the scope of work is completed.
8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 9) SEVERABILITY. Any provision of this Agreement that is determined to be void or illegal under applicable law shall be deemed severable, and all other provisions of the Agreement shall remain in full force and effect, provided that the severance of the clause shall not be applied so as to defeat the primary intent of the parties. 10) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
11) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

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2 11) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: Corey Beavers, Management Analyst II
E-mail: [email protected]
Address: 1000 Webster Street, Fairfield, CA 94533
Telephone: (707) 428-7528
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Kimberly Cook
E-mail: [email protected]
Address: 201 Kinetic Drive, Oxnard, CA 9303
Telephone: (805) 846-6432
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: ____________________________________

CONSULTANT
By: ____________________________________
Kimberly CookBusiness Dev. Mgr
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3 EXHIBIT "A"

SCOPE OF SERVICE
Section 1: Overview of Services

1.1 CONSULTANT shall provide CITY with the recycled organic waste products (hereinafter referred to as "Products") procurement services described in this Exhibit "A" (hereinafter referred to as the "Services"), for the purpose of facilitating CITY with compliance of Senate Bill 1383 regulations pertaining to recovered organic waste product procurement requirements, as described in the California Code of Regulations Title 14, Division 7, Chapter 12, Article 12 — Procurement of Recovered Organic Waste Products (14 CCR 18993.1 et seq.). CONSULTANT shall perform these Services on behalf of CITY.

1.2 CONSULTANT will procure Products from a CalRecycle-approved, state-permitted compost facility and will provide the Products as requested by CITY to Direct Service Providers (i.e., end users like farmers or landscapers) for purposes of agricultural use, soil conditioning, and carbon sequestration.

1.3 CONSULTANT will ensure and maintain records sufficient to demonstrate that any Products procured on CITY's behalf are not applied toward the SB 1383 recovered organic waste product procurement target of any other jurisdiction.

Section 2: Procurement Targets

2.1 CONSULTANT will procure the following tons of Products on behalf of CITY. CONSULTANT shall invoice CITY only for Products that are actually procured.

2.1.1 For the Calendar Year 2024 (January 1, 2024 — December 31, 2024) CONSULTANT is to procure 3,559 tons of Products and the total cost of Services shall not exceed $88,713.

2.1.2 For the Calendar Year 2025 (January 1, 2025 — December 31, 2025) CONSULTANT is to procure 5,475 tons of Products and the total cost of Services shall not exceed $136,472.

2.1.3 For the Calendar Year 2026 (January 1, 2026 — December 31, 2026) CONSULTANT is to procure 5,475 tons of Products and the total cost of Services shall not exceed $136,472.

Section 3: Documentation

3.1 CONSULTANT shall ensure and maintain records sufficient to demonstrate that any Products it procures on behalf of CITY under this Agreement are not applied towards the SB 1383 recovered organic waste product procurement target of any other jurisdiction.

3.1.1 At the time CONSULTANT submits records to CITY, the records shall be accompanied by a certification attesting to the records' accuracy, signed under penalty of perjury.

3.1.2 CONSULTANT shall keep and maintain a complete copy of all records regarding its provision of Services to CITY. Records shall be maintained on a calendar year basis, i.e. for each calendar year in which CONSULTANT procures Products for CITY under this Agreement.

3.2 CONSULTANT shall insure all required reporting paperwork is uploaded to the CITY portal, which will include:

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4 3.2.1 The total Products provided to Direct Service Providers during the reporting period and to date.

3.2.2 Product producer information including:
a. Name of the facility
b. Physical location/address
c. Contact information

3.2.3 Direct Service Provider Information including:
a. Name of the Direct Service Provider
b. Description of where the Product was used
c. A general description of how the Product was used

3.2.4 The following submittals shall be included with each report:
a. All invoices or similar records evidencing the Direct Service Provider's invoices of Products on behalf of the CITY.
b. Test data sheets showing that Products delivery supplied to Direct Service Providers complies with the specifications of CITY.

3.2.5 CONSULTANT shall report the above information in a standardized form reasonably acceptable to CITY.

Section 4: Procurement Options

4.1 CONSULTANT shall procure Products using one or through a combination of the following options.

4.1.1 Scenario A: CONSULTANT makes arrangements with a Direct Service Provider who is already planning to purchase Products. The Direct Service Provider uses the subsidized compost on behalf of CITY and pays for the freight cost. CITY only pays for the compost and/or compost mulch per the prices shown in EXHIBIT "B" and sales tax.

4.1.2 Scenario B: CONSULTANT makes arrangements with a Direct Service Provider that is willing to receive Products and is located in the immediate proximity to Contractor's composting facility. CITY pays for Products per the prices shown in EXHIBIT "B" and pays for the minimal cost to transport/handle the product to the Direct Service Provider site, and sales tax.

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5 Section 5: Product Requirements

5.1 To ensure that Products procured under this Agreement meet the requirements specified in 14 CCR 18993.1, Products shall meet the following criteria:

5.1.1 Acceptable materials include:
a. Compost, including fine, medium, and coarse compost. b. The portion of topsoil, biotreatment soil mix, or other blend that is compost. c. See attached specification for additional requirements. d. Mulch

5.1.2 Unacceptable materials include:
a. Compost that exceeds state maximum limitations for pathogens, metals, and physical contaminants in 14 CCR § 17868.2 - 17868.3.1.
b. Digestate
c. Biosolids/sewage sludge
d. Manure
e. Biochar
f. Uncomposted compostable materials
g. Synthetic fertilizer, nitrolized sawdust, gpsum, urea h. Topsoil and/or fill (except as described in 5.1.1.b.)

5.2 The following definitions apply to the Services:
a. "Biochar" means the charcoal product of biomass conversion through pyrolosis (along with ash and syngas).
b. "Biosolids" means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids includes the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works. 14 CCR 17852(a)(9)
c. "Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. 14 CCR 17896.2(a)(4)
d. "Compostable material" means any organic material that when accumulated will become active compost. 14 CCR 17852(a)(11)
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6 e. "Compostable Material Handling Facility permitted or authorized by 14 CCR § 17854.1" means a facility described by the tiered regulatory system adopted by the California Integrated Waste Management Board in 1994.
f. "Digestate" means the solid and/or liquid residual material remaining after organic material has been processed in an in-vessel digester. 14 CCR 17896.2(a)(6) g. "Large Volume In-vessel Digestion Facility" means a facility that receives an average greater than 100 tons of solid waste per operating day or greater than 700 tons (2,800 cubic yards) per week of solid waste for digestion in an in-vessel digester. 14 CCR 17896.2(a)(15) h. "Manure" is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine. 14 CCR 17896.2(a)(18)
i. "Mulch": SB 1383 Eligible Mulch" means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4)
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7 EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified herein.

2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall invoices to the CITY for the same. For Calendar Year 2024, CONSULTANT shall submit invoices to CITY by October 1, 2024. For Calendar Year 2025 CONSULTANT shall submit invoices to CITY by June 1, 2025, and December 1, 2025. For Calendar Year 2026, CONSULTANT shall submit invoices to CITY by March 1, 2026. 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to in writing by the CITY and CONSULTANT.

Section 6: CONSULTANT's Compensation

6.1 Services: CITY agrees to pay CONSULTANT at the rate(s) specified above for those services set forth in this Agreement and for all other authorized reimbursable expenses for a total price not to exceed three hundred sixty-one thousand, six hundred fifty-seven ($361,657). CONSULTANT shall notify City in writing once total City payments has reached two hundred eighty none thousand, three hundred twenty-five dollars ($289,325), which is 80% of the total not-to-exceed amount.

6.1.1 CITY agrees to pay CONSULTANT for those services set forth in this Agreement and for all authorized expenses upon satisfactory completion of the services and delivery of the Products.

Section 7: Payments to CONSULTANT

7.1 Payments to CONSULTANT shall be made within a reasonable time after receipt of the invoice from CONSULTANT, and not later than net 30 days. Said payments are to be made in proportion to services performed. Consultant may request payment on a monthly basis.

7.2 All invoices submitted by CONSULTANT shall contain the following information:
a. Description of services billed under this invoice
b. Date of invoice issuance
c. Invoice number
d. CITY purchase order number
e. Total billed to date

7.2.1 Invoices that do not conform to the format outlined above shall be returned to CONSULTANT for correction.

CITY shall not be responsible for delays in payment to CONSULTANT resulting from the failure to comply with invoice format.

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8 Section 8: Pricing

8.1 CONSULTANT to provide Products and associated freight to CITY as follows:
a. Compost - $15.00 per ton
b. Composted Mulch - $15.00 per ton
c. Freight - $8.00 per ton

8.1.1 The freight cost may be updated and provided to CITY every six months as applicable, starting January 1, 2025 and thereafter continuing through the expiration of the Agreement. Freight is provided from a third- party hauling company and pricing may fluctuate slightly.

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9 EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.

CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever. 5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY for cause, and provided that the contractor has not been able to remedy the cause within 30 days, upon written notification to CONSULTANT. Either party may request to terminate the agreement upon the expiration of the current calendar year, for services related to the following calendar year, by giving written notice to the other at least 30 days before the expiration of the current calendar year. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project by the end of the current calendar year. CONSULTANT shall be entitled to no further compensation for work
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10 performed after the date of receipt of written notice to cease work by the end of the current calendar year. All completed and incomplete products up to the date of receipt of written notice to cease work at the end of the calendar year shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively "CITY Indemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT's duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT's proportionate percentage of fault. CONSULTANT's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

CONSULTANT'S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

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11 The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers.

When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization. b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT'S federal tax identification number.

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12 EXHIBIT "D"

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 — any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Bui Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________. 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. a) b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
x

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13 i) The CITY, its officers, officials, employees and volunteers are to be named and covered as insureds as respect to: liability arising out of work or operations performed by or on behalf of the CFPD or CITY; products and completed operations of the CFPD and CITY; premises owned, occupied or used by the CFPD or CITY; and automobiles owned, leased, hired or borrowed by the CFPD or CITY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respect to the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. b) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the other Party with original endorsements effecting coverage required by this Appendix D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: certificates- [email protected]. All insurance certificates and endorsements are to be received and approved by CITY before work commences. At the request of CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. c) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors with signed contracts to procure and maintain insurance policies subject to the requirements of Appendix D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub- contractors work on behalf of CONSULTANT.

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Agenda Item No: 8.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024180 of the City Council of the City of Fairfield Accepting the Improvements for the Green Valley II Apartments Traffic Signal Improvements as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On February 2, 2021, the City Council adopted Resolution 202122, authorizing the city manager to approve and direct Green Valley Apartments, LLC (Developer) to construct the traffic signal improvements at both the Business Center Drive and Westamerica Drive intersection and the Business Center Drive and Fire Station 36. The Developer has constructed the improvements and is requesting that the council accept the traffic signals as complete. The adoption of the proposed resolution will accept the improvements for the Green Valley II Apartments Traffic Signal as complete.

DISCUSSION
Staff has inspected the traffic signal improvements and found them to be complete in accordance with City standards and the requirements of the improvement agreement.

The Developer received entitlements from the City Planning Commission, per adoption of Resolution No. 201918, to construct a multiunit apartment complex at the southwest corner of Business Center Drive and Suisun Valley Road intersection. As a condition of their development, the Developer constructed traffic signal improvements at the intersection of Business Center Drive and Westamerica Drive to provide safe access to their site and mitigate potential traffic impacts caused by the development. In addition, the Developer constructed a new traffic signal along Business Center Drive, serving Assessor’s Parcel Numbers: 0148540250, 260, 320, 360, 370, & 380. This new traffic signal is eligible to receive funding through the Citywide Traffic Impact Fee AB1600 program.

In accordance with the Improvement Agreement executed on February 9, 2021, the City agreed to reimburse the Developer the costs of constructing the traffic signal less the Developer’s pro rata cost share (12.5%). The original engineer’s estimate for traffic signal was $714,567. The Developer Packet Page 295 of 441

Agenda Item No: 8.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024180 of the City Council of the City of Fairfield Accepting theImprovements for the Green Valley II Apartments Traffic Signal Improvements asCompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn February 2, 2021, the City Council adopted Resolution 202122, authorizing the city manager toapprove and direct Green Valley Apartments, LLC (Developer) to construct the traffic signalimprovements at both the Business Center Drive and Westamerica Drive intersection and the BusinessCenter Drive and Fire Station 36. The Developer has constructed the improvements and is requestingthat the council accept the traffic signals as complete. The adoption of the proposed resolution willaccept the improvements for the Green Valley II Apartments Traffic Signal as complete.DISCUSSIONStaff has inspected the traffic signal improvements and found them to be complete in accordance withCity standards and the requirements of the improvement agreement.The Developer received entitlements from the City Planning Commission, per adoption of ResolutionNo. 201918, to construct a multiunit apartment complex at the southwest corner of Business CenterDrive and Suisun Valley Road intersection. As a condition of their development, the Developerconstructed traffic signal improvements at the intersection of Business Center Drive and WestamericaDrive to provide safe access to their site and mitigate potential traffic impacts caused by thedevelopment. In addition, the Developer constructed a new traffic signal along Business Center Drive,serving Assessor’s Parcel Numbers: 0148540250, 260, 320, 360, 370, & 380. This new trafficsignal is eligible to receive funding through the Citywide Traffic Impact Fee AB1600 program.In accordance with the Improvement Agreement executed on February 9, 2021, the City agreed to reimburse the Developer the costs of constructing the traffic signal less the Developer’s pro rata cost share (12.5%). The original engineer’s estimate for traffic signal was $714,567. The Developer completed the traffic signal under budget for a total amount of $551,960.98 ($536,240.98 construction cost + $15,720 bond premiums). Staff has reviewed the Developer’s reimbursement request package and found it to be complete. The final requested reimbursement is $482,965.86 ($551,960.98 $68,995.12, which is 12.5%).

FINANCIAL IMPACT
Upon council acceptance of the traffic signal improvements, the City will reimburse the Developer the amount of $482,965.86. The reimbursement for this project is budgeted in the Streets Capital Fund (Fund 252, Project CPW070125) and will be funded through AB1600 Streets Fund (Fund 261).

Acceptance of the traffic signals improvements by the council will obligate the City to maintain the traffic signal. Maintenance costs for the traffic signal improvements will be through the General Fund (Fund 101).

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

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

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 7/2/2024 12:03 PM
Packet Page 296 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-180

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE IMPROVEMENTS FOR THE GREEN VALLEY II APARTMENTS – TRAFFIC SIGNAL IMPROVEMENTS

AS COMPLETE

WHEREAS, the City Council adopted Resolution No. 2021-22, authorizing execution of the Improvement Agreement for the Green Valley II Apartments – Traffic Signal Improvements with Green Valley Apartments, LLC (Developer) on February 2, 2021; and

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

WHEREAS, pursuant to Section 21(b) of the Improvement Agreement executed on February 9, 2021, the City agreed to reimburse for the cost of constructing the traffic signal improvements less the Developer’s pro rata cost, being $482,965.86, as requested by the Developer.

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

Section 1. The City hereby accepts the Green Valley II Apartments – Traffic Signal improvements as complete pursuant to the Improvement Agreement executed on February 9, 2021, between the City and the Developer.

Section 2. The council hereby authorizes the city manager or the designee to approve reimbursement of the construction of cost to the Developer as set forth in said agreement in an amount not-to exceed of $482,965.86.

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RES. NO. 2024-180

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 298 of 441Attachment 1 Page 2 of 2

Agenda Item No: 9.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024181 of the City Council of the City of Fairfield Increasing Budget Authorization and Change Order Authority for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML5132(049) and Authorizing an Update to the Fiscal Year 20242025 Budget; and Resolution 2024182 of the City Council of the City of Fairfield Accepting the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML5132(049) as Complete
RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The proposed resolutions authorize a contract adjustment and acceptance of the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML5132 (049) (Project). Additional work beyond the initial scope was identified during construction. This unplanned work was required to address constructability issues to match existing elevations; extended quantities of curb, gutter, sidewalk, rock, and asphalt; utility conflicts; and additional modifications to the Project due to unforeseen existing conditions. Adopting the resolutions will allow for an increase in the contract with FBD Vanguard Construction, Inc. (Vanguard) by up to $112,000 for a total amount not to exceed $3,440,503.75 and accept the Project as complete.

DISCUSSION
On October 18, 2022, the City Council adopted Resolution 2022275, awarding a contract with Vanguard. Construction began in January 2023. The Project consists of safety and traffic calming improvements, such as installation of new rapid flashing beacons, new stamped crosswalks to enhance visibility, and new concrete bulbouts on East Tabor and Sunset Avenues. The Project also includes pavement maintenance, new striping, and new ADA ramp upgrades and curb and gutter replacements.

Agenda Item No: 9.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024181 of the City Council of the City of Fairfield Increasing BudgetAuthorization and Change Order Authority for the Grange Middle School Safe Routes toSchool and Pavement Preservation Project, Federal Aid Project No: CML5132(049)and Authorizing an Update to the Fiscal Year 20242025 Budget; andResolution 2024182 of the City Council of the City of Fairfield Accepting the GrangeMiddle School Safe Routes to School and Pavement Preservation Project, Federal AidProject No: CML5132(049) as CompleteRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe proposed resolutions authorize a contract adjustment and acceptance of the Grange Middle SchoolSafe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML5132 (049)(Project). Additional work beyond the initial scope was identified during construction. This unplannedwork was required to address constructability issues to match existing elevations; extended quantitiesof curb, gutter, sidewalk, rock, and asphalt; utility conflicts; and additional modifications to the Projectdue to unforeseen existing conditions. Adopting the resolutions will allow for an increase in the contractwith FBD Vanguard Construction, Inc. (Vanguard) by up to $112,000 for a total amount not to exceed$3,440,503.75 and accept the Project as complete.DISCUSSIONOn October 18, 2022, the City Council adopted Resolution 2022275, awarding a contract withVanguard. Construction began in January 2023. The Project consists of safety and traffic calmingimprovements, such as installation of new rapid flashing beacons, new stamped crosswalks to enhancevisibility, and new concrete bulbouts on East Tabor and Sunset Avenues. The Project also includespavement maintenance, new striping, and new ADA ramp upgrades and curb and gutter replacements.

Our construction team has taken a proactive approach in addressing the challenges encountered during construction, which resulted in 12 contract change orders, totaling $249,729.83, and an extension of quantities on various contract items, totaling $320,055. The Project incurred a significant change order of approximately $113,600 when it was determined that the existing pavement structural section of East Tabor Avenue at Cormorant Drive and Grande Circle was insufficient and required a 6 inch asphalt section to meet the design elevations on the plans. Additionally, extra concrete, asphalt removal, replacement of residential driveways and reinstallation of the street's drainage system were required to maintain ADA compliance along East Tabor Avenue in front of the school.

The original construction authorization for this project was $3,328,503.75, which is the total bid amount plus a 10% contingency. To fully fund the additional work, it is recommended that the proposed resolution be approved to increase the amount authorized for the construction contract by up to $112,000. This increased amount is within the approved budget for this project and has no impact to the budgets of other capital projects.

FINANCIAL IMPACT
The construction authorization adjustment of $112,000 will increase the total authorized amount to $3,440,413.83. The project is budgeted in the Capital Streets Fund (Fund 252, Project CPW070011).

A budget adjustment and transfer of $60,000 is required to fund this work. Transfers to the Capital Streets Fund (Fund 252) of $60,000 from Senate Bill 1 (Fund 163) will be used to fund this adjustment.

Finance has confirmed that adequate reserves in Fund 163 exist and that no projects will be jeopardized by this additional expenditure.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The proposed modification is required to complete the project. If the council has any questions, this request may be delayed so that staff can provide the necessary additional information.

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

Description
Attachment 1: Proposed Resolution Increasing Authorization and Change Order Authority Attachment 2: Proposed Resolution Project Acceptance
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 7/2/2024 1:52 PM
Packet Page 300 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-181

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD INCREASING BUDGET

AUTHORIZATION AND CHANGE ORDER AUTHORITY FOR THE GRANGE MIDDLE SCHOOL SAFE ROUTES TO SCHOOL AND PAVEMENT PRESERVATION PROJECT, FEDERAL AID PROJECT NO.

CML-5132(049) AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET

WHEREAS, the City Council awarded a construction contract with FBD Vanguard Construction, Inc., (Vanguard) for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML-5132(049) (Project) on October 18, 2022, by Resolution No. 2022-275; and

WHEREAS, unanticipated work beyond the scope of the original contract was required to complete the Project; and

WHEREAS, funding was not allocated in the City’s approved 2024-2025 Budget, thus requiring a and adjustment of $112,000 to cover the remaining cost of the project; and

WHEREAS, the revised appropriation constitutes an update to the 202 4-2025 Budget approved pursuant to Resolution No. 2024-133.

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

Section 1. The construction authorization for the Project is hereby increased by the amount of $112,000 for a total authorized amount of $3,440,503.75.

Section 2. The director of public works is hereby authorized to approve and make payments on the Project in a total amount not-to-exceed $3,440,503.75.

Section 3. The city manager is hereby authorized to take all necessary steps to approve the above-mentioned authorization adjustment.

Section 4. The council hereby approves budget transfers of $60,000 from the SB1 Fund (Fund 163) to the Capital Streets Fund (Organization Code 25260199, Project CPW070011) to cover the funding requirement).

Packet Page 301 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-181

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 302 of 441Attachment 1 Page 2 of 2

CITY OF FAIRFIELD

RESOLUTION NO. 2024-182

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE GRANGE

MIDDLE SCHOOL SAFE ROUTES TO SCHOOL AND PAVEMENT PRESERVATION PROJECT, FEDERAL AID PROJECT NO: CML-5132(049) AS COMPLETE

WHEREAS, the City Council approved a contract with FBD Vanguard Construction, Inc. for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML-5132(0419) (Project) on October 18, 2022, by Resolution No. 2022-275; and

WHEREAS, Vanguard has completed the Project in accordance with the contract approved by council.

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

Section 1. The City hereby accepts the Project as complete pursuant to the agreement between the City and Vanguard approved by council on October 18, 2022.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 303 of 441Attachment 2 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024183 of the City Council of the City of Fairfield Summarily Vacating Certain Public Service and Planting and Temporary Construction Easements on Assessor’s Parcel Number (APN) 0148540060
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Green Valley Land LLC requested that the City of Fairfield vacate an existing 10footwide public service and planting easement and a 20footwide temporary construction easement affecting Assessor’s Parcel Number (APN) 0148540060 (Property). The Property is currently owned by the Successor Agency to the Fairfield Redevelopment Agency, which is set to be sold to NorthBay Healthcare Group (NorthBay). This resolution will vacate easements that are not required.

DISCUSSION
Green Valley Land LLC is preparing to acquire the Property from the Successor Agency under the current Option Agreement, Instrument No. 010057991 and dated May 31, 2001, between the Redevelopment Agency of the City of Fairfield and H.J. Shein, Inc. The Property is encumbered by a 10footwide public service and planting easement and a 20footwide temporary construction easement owned by the City, which was originally granted to the City, along an old alignment of Neitzel Road, via Instrument No. 910023461, recorded at Solano County on April 11, 1991. The City has since realigned Neitzel Road constructed Business Center Drive, and this easement is no longer needed.

The California Streets and Highways Code authorizes the council to summarily vacate excess public easements if they are not required for utility purposes.

Staff agrees that the proposed vacation is appropriate.

FINANCIAL IMPACT
The proposed action will have no financial impact to the City.

Packet Page 304 of 441

Agenda Item No: 10.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024183 of the City Council of the City of Fairfield Summarily VacatingCertain Public Service and Planting and Temporary Construction Easements onAssessor’s Parcel Number (APN) 0148540060RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGreen Valley Land LLC requested that the City of Fairfield vacate an existing 10footwide publicservice and planting easement and a 20footwide temporary construction easement affectingAssessor’s Parcel Number (APN) 0148540060 (Property). The Property is currently owned by theSuccessor Agency to the Fairfield Redevelopment Agency, which is set to be sold to NorthBayHealthcare Group (NorthBay). This resolution will vacate easements that are not required. DISCUSSIONGreen Valley Land LLC is preparing to acquire the Property from the Successor Agency under thecurrent Option Agreement, Instrument No. 010057991 and dated May 31, 2001, between theRedevelopment Agency of the City of Fairfield and H.J. Shein, Inc. The Property is encumbered by a10footwide public service and planting easement and a 20footwide temporary constructioneasement owned by the City, which was originally granted to the City, along an old alignment of NeitzelRoad, via Instrument No. 910023461, recorded at Solano County on April 11, 1991. The City has sincerealigned Neitzel Road constructed Business Center Drive, and this easement is no longer needed. The California Streets and Highways Code authorizes the council to summarily vacate excess publiceasements if they are not required for utility purposes. Staff agrees that the proposed vacation is appropriate. FINANCIAL IMPACT The proposed action will have no financial impact to the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, approval may be postponed until the questions are addressed; however, this may delay the Successor Agency’s sale of the Property to Green Valley Land LLC, and subsequently its sale to Northbay. The council may also decide not to approve the proposed resolution.

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 4287476
[email protected]
COORDINATED WITH
Community Development Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Easement Plat and Legal
Attachment 3: Vicinity Map
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 7/2/2024 5:15 PM
Dombrowski, Delaney Approved 7/2/2024 4:15 PM
Packet Page 305 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-183

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD SUMMARILY VACATING

CERTAIN PUBLIC SERVICE AND PLANTING AND TEMPORARY CONSTRUCTION EASEMENTS ON ASSESSOR’S PARCEL NUMBER (APN) 0148-540-060

WHEREAS, Chapter 4 of the California Streets and Highways Code, Division 9, Part 3, authorizes the City Council to summarily vacate streets, highways, and public service easements if said easements or portions thereof are not required for street and utility purposes; and

WHEREAS, Green Valley Land LLC has requested the City of Fairfield vacate the public service and planting and temporary construction easements recorded on Assessor’s Parcel Number (APN) 0148-540-060 via the Instrument No. 91-0023461 at Solano County on April 11, 1991; and

WHEREAS, pursuant to California Streets and Highways Code Section 8335(a), the City has determined that the public service and planting easements are no longer needed for public utility purposes and desires to vacate said easements.

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

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

Section 2. The council finds that the vacation of the public service and planting and temporary construction easements are consistent with the City’s General Plan.

Section 3. Pursuant to the authority granted in Section 8330 et seq. of the California Streets and Highways Code, the council orders the summary vacation of the public service and planting and temporary construction easements and any and all interests that the City may have therein.

Upon the recordation of this resolution, both the public utilities and planting easement and temporary construction easement are hereby vacated and shall no longer constitute public easements of the City.

Section 4. The city clerk shall:

(a) Certify to the adoption of this Resolution;

(b) Cause a certified copy of this resolution to be recorded in the office of the Recorder of the County of Solano in accordance with the provisions of California Streets and Highways Code, Section 8336; and

Packet Page 306 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-183

Page 2 ends

(c) Within 15 days of the adoption of this resolution give written notice of the vacation to any local agency requesting such notice pursuant to the applicable law.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 307 of 441Attachment 1 Page 2 of 2

Exhibit A
Legal Description

For the abandonment of portions of a Public Service Easement, Planting Easement, and Construction Easement, each as
described in Document No. 91-00023461, Solano County Records.

Being an abandonment of any portion of those certain easements situate in the City of Fairfield, State of California, lying within Adjusted Parcel B as described in the Notice of Minor Lot Line Adjustment filed for record March 24, 2008 as Document 200800023233 in the office of the Solano County Recorder, said easements to be abandoned being further identified as portions of a 10 foot wide Public Service Easement, 10 foot wide Planting Easement, and 20 foot wide Temporary Construction Easement, each being described as a portion of Parcel 3 in the Grant Deed to the City of Fairfield, a municipal corporation, filed for record April 11, 1991 as Document 910023461 in said Recorders office; and collectively referred to hereinafter as “The Easements”, the easterly line of The Easements to be abandoned being further described as follows:

Commencing at Point U as defined in the legal description for said Parcel 3, said point being further described as a point on the easterly line of The Easements, and also as the beginning of a 1,939.00 foot radius curve concave westerly, from which point the radius bears North 82°04’16” West; thence along said easterly line and southerly along the arc of said curve 434.94 feet through a central angle of 12°51’08”; thence South 20°46’52” West, 282.71 feet to a point on the north line of said Adjusted Parcel B, and the True Point of Beginning of this description; thence continuing along said easterly line South 20°46’52” West, 386.80 feet to a point on the southerly line of said Adjusted Parcel B and the terminus of this description.

The sidelines of The Easements to be abandoned shall be shortened or extended as required so as to terminate at the herein described boundaries of said Adjusted Parcel B.

Bearings used in this description as based upon the Notice of Minor Lot Line Adjustment filed for record March 24, 2008 as Document 200800023233, Solano County Records.

See Plat attached hereto, which by reference is made a part hereof.

Page 1 of 2 ends

Packet Page 308 of 441Attachment 2 Page 1 of 2

10' Public Service Easement and 10'
Planting Easement per Instrument No.
91-00023461 to be Abandoned.
20' Temporary Construction
Easement per Instrument No.
91-00023461 to be Abandoned
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L=440.19'
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ADJUSTED PARCEL B
Per Doc. 2008-00023233
APN: 0148-540-060

90.2'
±
148.3'±

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Easement Abandonment
City of Fairfield - Solano County - California
1735 Enterprise Drive, Suite 109
Fairfield, CA (707) 425-6234

MOUNTAIN PACIFIC

SURVEYS
Scale:1" = 80'
Date:05-22-24
Job No: 524038
Sheet No:
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R = 1,939.00
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1 inch = 80 ft.

GRAPHIC SCALE
Packet Page 309 of 441Attachment 2 Page 2 of 2

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Packet Page 310 of 441Attachment 3 Page 1 of 1

Agenda Item No: 11.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024184 of the City Council of the City of Fairfield Approving Conveyance of an Easement to Solano Irrigation District Within Accessor’s Parcel Number (APN) 0151880140 and Authorizing the City Manager to Execute an Easement Deed RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Solano Irrigation District (SID) is requesting that the City of Fairfield grant a 20footwide easement on Cityowned property at 3350 Cherry Hills Court (Property), Assessor’s Parcel Number (APN) 0151 880140, to SID. This easement is being requested to relocate a 5inch water pipeline onto the Property. The proposed resolution authorizes the city manager to execute the easement deed.

DISCUSSION
In April 2024, the City was notified by the FairfieldSuisun Unified School District (FSUSD) about a utility conflict identified during the construction of a new gymnasium foundation at B. Gale Wilson TK8 School (School). It was determined that a 5inch water pipeline that is owned and operated by SID would need to be realigned to proceed with construction of the new gymnasium’s foundation. The most feasible location identified for the relocated waterline was on the Property. As a result, SID have requested an easement from the City to allow for their continued operation and maintenance of the relocated 5inch water pipeline on the Property. The 20footwide easement will be centered on the relocated 5inch water pipeline, which is generally located near the property line between the School and Property.

The resolution will authorize the city manager to execute the easement deed granting the easement to SID.

FINANCIAL IMPACT
There will be no cost to the City to construct the waterline relocation and contractors shall repair the impacted areas on City property, inkind, prior to completing construction. The City is waiving the $2,500 purchase cost of the land.

Packet Page 311 of 441

Agenda Item No: 11.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024184 of the City Council of the City of Fairfield Approving Conveyanceof an Easement to Solano Irrigation District Within Accessor’s Parcel Number (APN)0151880140 and Authorizing the City Manager to Execute an Easement DeedRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUESolano Irrigation District (SID) is requesting that the City of Fairfield grant a 20footwide easement onCityowned property at 3350 Cherry Hills Court (Property), Assessor’s Parcel Number (APN) 0151880140, to SID. This easement is being requested to relocate a 5inch water pipeline onto theProperty. The proposed resolution authorizes the city manager to execute the easement deed.DISCUSSIONIn April 2024, the City was notified by the FairfieldSuisun Unified School District (FSUSD) about autility conflict identified during the construction of a new gymnasium foundation at B. Gale Wilson TK8School (School). It was determined that a 5inch water pipeline that is owned and operated by SIDwould need to be realigned to proceed with construction of the new gymnasium’s foundation. The mostfeasible location identified for the relocated waterline was on the Property. As a result, SID haverequested an easement from the City to allow for their continued operation and maintenance of therelocated 5inch water pipeline on the Property. The 20footwide easement will be centered on therelocated 5inch water pipeline, which is generally located near the property line between the Schooland Property. The resolution will authorize the city manager to execute the easement deed granting the easement toSID. FINANCIAL IMPACTThere will be no cost to the City to construct the waterline relocation and contractors shall repair the impacted areas on City property, inkind, prior to completing construction. The City is waiving the $2,500 purchase cost of the land.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, approval may be postponed until the questions are addressed.

However, postponing will significantly delay FSUSD’s construction schedule.

STAFF CONTACT
Pavan Prasad, Junior Engineer
(707) 4287431
[email protected]
COORDINATED WITH
FairfieldSuisun Unified School District, Solano Irrigation District ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Vicinity Map
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 7/2/2024 7:25 PM
Chaudhary, Savita Approved 7/2/2024 7:30 PM
Dombrowski, Delaney Approved 7/2/2024 7:32 PM
Dombrowski, Delaney Approved 7/2/2024 7:34 PM
Packet Page 312 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-184

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING CONVEYANCE OF AN EASEMENT TO SOLANO IRRIGATION DISTRICT WITHIN ACCESSOR’S PARCEL NUMBER (APN) 0151-880-140 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT DEED

WHEREAS, the City of Fairfield owns fee title interest in the property located at 3305 Cherry Hill Court and identified as Solano County Assessor’s Parcel Number (APN) 0151-880-140 (Property); and

WHEREAS, on-site improvements on the adjacent property, owned by Fairfield-Suisun Unified School District (FSUSD) has prompted the relocation of an existing 5-inch water pipeline owned by Solano Irrigation District (SID) onto the Property, APN 0151-880-140; and

WHEREAS, realignment of the 5-inch water pipeline onto the Property is required to continue construction of on-site improvements by FSUSD; and

WHEREAS, the City wishes to convey an easement over the Property to SID so they may continue operating and maintaining the relocated 5-inch water pipeline on the Property.

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

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

Section 2. The council hereby approves the easement deed, in a form as approved by the city attorney, and authorizes the city manager to execute the easement deed and cause it to be recorded.

Packet Page 313 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-184

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 314 of 441Attachment 1 Page 2 of 2

Packet Page 315 of 441Attachment 2 Page 1 of 1

Agenda Item No: 12.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024185 of the City Council of the City of Fairfield Vacating a Portion of Certain Public Waterline Easements on Assessor’s Parcel Number (APN) 0148280 520
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Wiseman Commercial, Inc. (Developer) relocated a segment of the City of Fairfield’s 12inch water main, located on Assessor’s Parcel Number (APN) 0148280520, as a condition of developing the Aurora at Green Valley apartment project (Project). The water main was located underneath one of the Developer’s proposed buildings. The recommended action vacates the old easement and City staff will subsequently accept a new easement over the new utility alignment, which will be recorded concurrently.

DISCUSSION
The City owns a 12inch water main, within a 10footwide public water line easement, located on APN 0148280520. The City’s Planning Commission adopted Resolution No. PC202312, requiring the Developer to relocate the public water main into Wiseman Way, a private roadway, as a condition for the Project. The Developer has completed the relocation improvements and is vacating the old, unneeded easements. Following the vacation of the easement, the Developer is concurrently granting to the City a new public waterline easement over the new utility alignment. The new public waterline easement provides the City legal access and authority to maintain the new public waterline easement.

Staff agrees that the vacation and concurrent dedication of a new easement are necessary.

FINANCIAL IMPACT
The proposed action will not have new financial impacts to the City. The cost to maintain the existing waterline has not changed.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Packet Page 316 of 441

Agenda Item No: 12.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024185 of the City Council of the City of Fairfield Vacating a Portion ofCertain Public Waterline Easements on Assessor’s Parcel Number (APN) 0148280520RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEWiseman Commercial, Inc. (Developer) relocated a segment of the City of Fairfield’s 12inch watermain, located on Assessor’s Parcel Number (APN) 0148280520, as a condition of developing theAurora at Green Valley apartment project (Project). The water main was located underneath one of theDeveloper’s proposed buildings. The recommended action vacates the old easement and City staff willsubsequently accept a new easement over the new utility alignment, which will be recorded concurrently.DISCUSSIONThe City owns a 12inch water main, within a 10footwide public water line easement, located on APN0148280520. The City’s Planning Commission adopted Resolution No. PC202312, requiring theDeveloper to relocate the public water main into Wiseman Way, a private roadway, as a condition forthe Project. The Developer has completed the relocation improvements and is vacating the old,unneeded easements. Following the vacation of the easement, the Developer is concurrently granting tothe City a new public waterline easement over the new utility alignment. The new public waterlineeasement provides the City legal access and authority to maintain the new public waterline easement.Staff agrees that the vacation and concurrent dedication of a new easement are necessary. FINANCIAL IMPACTThe proposed action will not have new financial impacts to the City. The cost to maintain the existingwaterline has not changed.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, approval may be postponed until the questions are addressed.

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 4287476
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit 1 Instruments No. 199800015077 & No. 200300045054 Attachment 3: Exhibit 2 Proposed Easement Vacation
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 7/2/2024 5:15 PM
Chaudhary, Savita Approved 7/2/2024 7:29 PM
Dombrowski, Delaney Approved 7/2/2024 7:31 PM
Dombrowski, Delaney Approved 7/2/2024 7:31 PM
Packet Page 317 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-185

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD VACATING A PORTION OF CERTAIN PUBLIC WATERLINE EASEMENTS ON ASSESSOR’S PARCEL NUMBER (APN) 0148-280- 520

WHEREAS, the City of Fairfield owns a 12-inch water main, within a 10-foot-wide public water line easement, located on Assessor’s Parcel Number (APN) 0148-280-520, which was granted to the City per Instruments No. 1998-00015077 and No. 2003-00045054, attached as Exhibit 1; and

WHEREAS, Wiseman Commercial, Inc (Developer) is developing the Aurora at Green Valley project (Project) over the City’s water line easement; and

WHEREAS, the City approved the Project on the condition that the City’s water line easement located on APN 0148-280-520 would be relocated and a new easement will be recorded concurrently; and

WHEREAS, the City desires to vacate the easement identified as “Parcel Two” on Instrument No. 1998-00015077 and a portion of the public water line easement recorded via Instrument Number 2003-00045054, per the attached Exhibit 2; and

WHEREAS, the California Streets and Highways Code, section 8333(c), authorizes the council to summarily vacate public service easements if the easement has been superseded by relocation and there are no other public facilities located within the easement ; and

WHEREAS, the 10-foot-wide public water line easement is a public service easement; and

WHEREAS, the City has determined that the 10-foot-wide public water line easement is superseded by relocation and there are no other public facilities located within the easement ; and

WHEREAS, the Developer will concurrently record a new grant deed of easement for maintenance purposes over the relocated segment of water main.

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

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

Section 2. The council finds that the vacation of the public service easements are consistent with the City’s General Plan.

Packet Page 318 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-185

Page 2 ends

Section 3. Pursuant to the authority granted in Section 8330 et seq. of the California Streets and Highways Code, the council orders the summary vacation of the public service easements and any and all interests that the City may have therein. Upon the recordation of this resolution, the described portions of the 10-inch waterline easement is hereby vacated and shall no longer constitute public easements of the City.

Section 4. The city clerk shall:

(a) Certify to the adoption of this Resolution;

(b) Cause a certified copy of this Resolution to be recorded in the office of the Recorder of the County of Solano in accordance with the provisions of California Streets and Highways Code, Section 8336; and

(c) Within 15 days of the adoption of this Resolution give written notice of the vacat ion to any local agency requesting such notice pursuant to the applicable law.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Name
Street
Address
City&
State
Recording Requested By
AND WHEN RECORDED MAlL TO:

City of Fairfield
1000 Webster Street
Fairfield CA 94533
Recorded In 0lllolal Records, Solano Counly
Skip Thomson
Assessor/Recorder
FF City of Fairfield
Doc#: 200300045054
11111111111111
Titles:

Fees
Taxes
Other
PAID

SPACE ABOVE THIS LINE FOR RECORDER'S USE
1 3/24/2003
11:11 AM
AR59
51 Pages: 4

0.00 0.00

0.00 $0.00
__________________ __._____ -----
INDIVIDUAL GRANT DEED OP .£,{\S'fz~T
A.P.N. 14 8-280-240 portion
The undersigned grantor (s) declare (s):

Documentary transfer tax is $ -0-
( ) computed on full value of property conveyed, or
City transfer tax is $ ~N...,1,,_l~B~-
( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (XX) City of 1o: 1; ft e. t J. , and FOR A VALOABLE CONSIDERATION, receipt of which is hereby acknowledged, REDEVELOPMENT AGENCY OF THE ClTY OF FAIRFIELD,
hereby GRANT(s) to the CITY OF FAIRFIELD, a municipal corporation, the following described real property in the City of Fairfield, County of Solano, State of California:

A nonexclusive easement for waterline purposes over, under and across the land more particularly described in Exhibits' A' and '8' attached hereto and made a part hereof.

Dated NMf,r 2/J, ZdJ!}

STATE OF CALIFORNIA,
COUNTY OF 5fl,+t// )SS .
)
before me, On NMtlf ,?42@~
=~-fi_UPJ_u_k __ · pe-rso-na-lly-ap-pc-ared
personally known to me
~) to be the perso~ whose nam
within instru ent and acknowledged to me
same m I tlidfauthorized capacity · , and that by
ii 1 1gnatur«on the instrument the perso~, or the entity upon behalfofwhich the perso.J)efacted, executed the instrument.

WITNESS my~d and official seal.
s;,,.i,re :i:,/~

MAIL TAX
C ft t a a a a $ ft t C C ♦,
• EVA HOFF l. COMMISSION 1226328 I

NOTARVPUBLIC-CAUFORHIA

SOLANO COUNTY
lly COIMINlon _., JIN 26, 2l>03
(This area for official notarial seal)
STATEMENTS TO: ----------------------------------
NAME ADDRESS CITY. STATE, ZIP
De . t· scrip ion: So1ano,CA Docwnent-Year.DocID 2003.45054 Page.· Order: TCUrran Comment; . -----· 1 l o£ 4 r;;;
Packet Page 335 of 441Attachment 2 Page 16 of 19

EXHIBIT "A''
Legal Description
Of
Water Easement
All that certain real property situate in the City of Fairfield, County of Solano , State of California, being a portion of Parcel 1 as shown on that certain parcel map recorded in Book 44 of Parcel Maps at Page 5 Official Records of said County more particularly described as follows:

Being strips of land of uniform width of ten (10.00) feet the centerlines of which are described as follows:

PARCEL 1:

Commencing at the Northwest corner of Parcel 2 as shown on that certain parcel map recorded in Book 40 of Parcel Maps, at Page 33 records of said County ; thence along the Northwesterly line of said Parcel 2 North 60°14'00" East, a distance i:>f 15 .72 feel to the point of beginning of that certain water line easement granted by Instrument No. 1998-00015077 Official Records of said County; thence leaving said Northwesterly line of said Parcel 2 along the Southeasterly line of said water line easement North 29°46'00" West, a distance of 62.49 feet to 1he true point of beginning; thence from said true point of beginning leaving said Southeasterly line of said water line easement South 60°14'00" West, a distance of 99 .78 feet; thence South 15°14 '00" West , a distance of 75.66 feet; thence South 60°14'00 " West, a distance of 56.40 feet to a point hereafter referred to as Point "A"; thence continuing South 60°14'00" West, a distance of 30 .74 feet to a point hereinafter referred 10 as Point ~a "; thence continuing South 60°14 '00 " Wesr, a distance of 81.57 feet; thence South 37°44'00 " West, a distance of 56.97 feet; thence South 26°29'00 " West , a distance of 29.16 feet ; thence South 37°44'00" West, a distance of 60 .70 feet ; thence South 48°59'00" West , a distance of

52.00 feet to the terminus of this description.

PARCEL 2:

Commencing al th .e hereinabove referenced Point «A"; thence from the point of commencement South 29°46'00" East , a distance of 5.00 feet to the rrue point of begJ.nning; thence from said true point of beginning continuing South 29°46'00" Bast, a distance of 3 .99 feet to a point on the Northerly line of Parcel 2 as shown on that certain parcel ma_p recorded in Book 44 of Parcel Maps at Page 5 Official Records of Solano County and the terminus of this description.

PARCEL 3:

Commencing at the hereinabove referenced Point "B "; thence from the point of commencement South 29°46 '00 " East, a distance of 5 .00 feet to the true point of beginning ; thence from sa.id true point of beginning continuing South 29°46'00 " East, a distance of 3.99 feet to a point on the Northerly li ne of Parcel 2 as shown on that certain parcel map recorded in Book 44 of Parcel Maps at Page 5 Official Records of Solano County and the terminus of this description End of Legal Description
Prepared by JTS Engineering Consultants, Inc. from record data W:\2002\2002-0231egal water easement.doc
Description: Solano,CA Document-Year.DocID 2003.45054 Pae· 2 of 4 Order: TCurran Comment: g ·
Packet Page 336 of 441Attachment 2 Page 17 of 19

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Packet Page 337 of 441Attachment 2 Page 18 of 19

I
· CIT.i OF FAIRFIBtD ' .

REOOLOTIOO' ro. 89 --1/01
At1BDUZATICN FCR ~ OF DBEDS CCtNBmli· ~ m .

00. OPQl BEAL ~ 'ID "mE Ciff OP PAm'IBLD
AND CC6SERTim 'ID 'mE BmJmm:;.·TimRJD>
'WBBREI\S, under ~tion 2728i of the californiq ·Government Code · no de.ea or grant conveying any interest in or easement upon real estate to the City of Fairfield shall be accepted for reco.i;dation without the consent •of the grantee evidenced by a .certificate or resolution of acceptance attached to or · printed on the .deed or grant; and,
lmEREAS,· the City council of the City of Fairfield has the authority to pass a resolution to authorize an officer or agent to accept the conveyance of property interests to said Agency; and,
· WHE8E!S, it does deem it in the best interests of said City. to pass such a resolution and authorize the Di~ector of PUblic ·WOrks to accept and consent to the reoord~tion of said deeds.

N er, 1989 by· th~ following
vote:

AYES:

NOES:

ABSTAIN:

AB.SENT:

ATrEST:

Members
Members
Members
HAMMOND/ICHiKA\¥A/PETTYG~OVE/PULLEN/FAlATI
~
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·. / umm IL OO G \\

CERTIFIED AS TRUE COPY
OF. ie.soh+b,-, 8' -&f O 'f
•12-•Jo,
De . t· scrip ion: Solano,CA Document-Year.DocID 2003.45054 Pae· 4 of 4 Order: TCurran Comment: g ·
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Agenda Item No: 13.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024186 of the City Council of the City of Fairfield Ratifying the Emergency Costs for the Lopes Road Landslide
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Pursuant to Chapter 28.6 of the Fairfield Municipal Code, purchases exceeding $100,000 are required to be presented to the City Council for ratification during a declared emergency. The proposed resolution ratifies emergency costs incurred to date related to the Lopes Road landslide.

DISCUSSION
On April 4, 2024, the council adopted Resolution No. 202359A declaring the existence of a local emergency on Lopes Road near Interstate 680 due to severe hillside slope failure caused by excessive stormwater runoff. The City contracted with Gold Coast Pipelines, Inc. (Contractor) to preserve and protect water infrastructure, investigate damage to City assets, and install erosion control measures to prevent further slope failure. The work has been completed, the costs have been tallied and a payment of $364,502.20 has been processed to the Contractor. The following is a summary of the costs incurred to date, along with a description of the work completed. $80,319 – Work included grading a new temporary access road, potholing to locate existing 30 inch City of Fairfield water transmission pipeline, pressure testing pipeline, closedcircuit television inspection, and excavation and shoring to visually inspect pipeline. This scope of work is a requirement of the Federal Emergency Management Agency (FEMA) process to identify the extent of the damage to the pipeline.
$284,184 – Emergency work required to be completed prior to the winter 2023/2024 rainy season. Work was necessary to avoid further damage to Lopes Road and to ensure compliance with required State Water Control Board standards.

Packet Page 356 of 441

Agenda Item No: 13.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024186 of the City Council of the City of Fairfield Ratifying the EmergencyCosts for the Lopes Road Landslide RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEPursuant to Chapter 28.6 of the Fairfield Municipal Code, purchases exceeding $100,000 are requiredto be presented to the City Council for ratification during a declared emergency. The proposedresolution ratifies emergency costs incurred to date related to the Lopes Road landslide.DISCUSSIONOn April 4, 2024, the council adopted Resolution No. 202359A declaring the existence of a localemergency on Lopes Road near Interstate 680 due to severe hillside slope failure caused by excessivestormwater runoff. The City contracted with Gold Coast Pipelines, Inc. (Contractor) to preserve andprotect water infrastructure, investigate damage to City assets, and install erosion control measures toprevent further slope failure. The work has been completed, the costs have been tallied and a paymentof $364,502.20 has been processed to the Contractor. The following is a summary of the costs incurredto date, along with a description of the work completed.$80,319 – Work included grading a new temporary access road, potholing to locate existing 30inch City of Fairfield water transmission pipeline, pressure testing pipeline, closedcircuittelevision inspection, and excavation and shoring to visually inspect pipeline. This scope of workis a requirement of the Federal Emergency Management Agency (FEMA) process to identify theextent of the damage to the pipeline. $284,184 – Emergency work required to be completed prior to the winter 2023/2024 rainy season. Work was necessary to avoid further damage to Lopes Road and to ensure compliance with required State Water Control Board standards.

The resolution seeks council ratification of the costs of emergency work for the Lopes Road hillside failure that were initiated in fall 2023.

FINANCIAL IMPACT
The costs of the emergency work are $364,502.20 and are budgeted in the Water Capital Fund (Fund 462, Project CPW 090069). Staff anticipates that approximately 75% ($277,377) will be reimbursed by FEMA.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve payment, however that alternative is not recommended as the Contractor has completed required work to Lopes Road and the City’s 30inch potable water pipeline, which are critical infrastructure within the City.

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer (707) 4827017
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 7/2/2024 5:14 PM
Chaudhary, Savita Approved 7/2/2024 7:30 PM
Dombrowski, Delaney Approved 7/2/2024 7:30 PM
Dombrowski, Delaney Approved 7/2/2024 7:30 PM
Packet Page 357 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-186

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RATIFYING THE EMERGENCY

COSTS FOR THE LOPES ROAD LANDSLIDE

WHEREAS, a portion of Lopes Road within the City of Fairfield and a 30 -inch City of Fairfield potable water pipeline were damaged by heavy rainstorms and a subsequent landslide beginning on March 28, 2023; and

WHEREAS, on April 4, 2023, the City Council ratified a Proclamation Existence of a Local Emergency issued by the city manager on March 31, 2023, as the director of emergency services in accordance with Government Code Section 8558(c), after finding that conditions of extreme peril to the safety of persons and property had arisen in the City caused by severe hillside slope failure along Lopes Road due to storm event flooding and stormwater runoff; and

WHEREAS, Lopes Road was closed to all traffic and remains closed until permanent repair of the roadway, water pipelines and appurtenances are complete; and

WHEREAS, the City contracted with Gold Coast Pipelines, Inc. to preserve and protect water infrastructure, investigate damage to City assets, and install erosion control measures to prevent further slope failure; and

WHEREAS, Pursuant to Chapter 28.6 of the Fairfield Municipal Code, purchases exceeding $100,000 are required to be presented to the council for ratification during a declared emergency; and

WHEREAS, this council deems it to be in the best public interest to ratify and further accept the contracted services to secure the emergency work on Lopes Road by suspending state and local competitive bidding procurement requirements.

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

Section 1. The above recitations are true.

Section 2. This emergency required immediate action in the procurement of a contractor to perform the necessary emergency work to abate the public health and safety condition, that a delay caused by procurement through a competitive bidding process would not be in the best interests of the public, and that the proposed action and expenditure is necessary to respond to the emergency.

Packet Page 358 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-186

Page 2 ends

Section 3. The council ratifies the expenditures associated with the Local Emergency Proclamation and Resolution 2023-59A.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 359 of 441Attachment 1 Page 2 of 2

Agenda Item No: 14.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024187 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Cratus, Inc. for the West Texas Utility Relocation Project for the Heart of Fairfield
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield secured an Active Transportation Program (ATP) grant to improve West Texas Street from Beck Avenue to Pennsylvania Avenue. The existing City water main in this area is at the end of its useful life and conflicts with the planned street improvements. The proposed resolution approves the plans and specifications for the West Texas Street Utility Relocation Project (Project) and awards a contract to Cratus Inc. (Cratus), of San Francisco, California in the amount of $2,086,980.

DISCUSSION
The City was awarded $10.9 million in ATP grant funds in 2021 based on its application to improve West Texas Street between Beck Avenue and Pennsylvania Avenue. This portion of West Texas Street was initially improved as U.S. Highway 40, which then became State Route 12 (SR 12) when construction, was completed on I80 and was later relinquished to the City by Caltrans when SR 12 was rerouted in the late 1980s. This portion of West Texas Street has high rates of traffic, pedestrian and bicycle crashes and was identified as a key area for improvement during the Heart of Fairfield public engagement process. Transforming the rightofway based on a complete streets concept was determined to be the most effective concept for the redesign of this portion of West Texas Street and was approved as part of the Heart of Fairfield Specific Plan. The City refers to this project as the West Texas Complete Streets Project (Complete Streets Project). Design on the Complete Streets Project began in 2021 and construction is expected to begin in early to mid2025.

During the preliminary design of the Complete Streets Project, staff determined that the existing water main between Curtis Drive and Pennsylvania Avenue was located in an area where it would be in conflict with the Complete Streets Project. Since the main was near the end of its useful life and the Complete Streets Project could not be constructed without its relocation, staff identified this portion of Packet Page 360 of 441

Design was completed on the Project in April 2024. Bids were opened on June 25, 2024, and two bids were received. The apparent low bidder was Cratus, in the amount of $2,086,980. Staff has reviewed the bid submitted by Cratus and found it to be in order.

The Project will replace the old 12inch water main in West Texas Street between Curtis Drive and Pennsylvania Avenue with a new 12inch main located on the northside of the street. The contract allows the contractor 75 working days to complete construction. If the contract is awarded in July, construction will not be completed until January at the earliest. Since the contractor may not be able to work during periods of significant rainfall, which typically begins in late December, staff recommends awarding this contract as soon as possible so that construction can begin to minimize the duration of the construction work and corresponding impacts to the public.

This project is similar to the recent water main replacement project on North Texas Street. The nature of the work will be impactful to those that work and drive through the area. To minimize the impacts to property and business owners along West Texas Street, the specifications require the following:

All travel lanes outside of the immediate work zone must be opened during nonwork hours.

Work is not permitted between 6:00 p.m. and 7:00 a.m.

Closures of driveways which are necessary for construction are limited to a maximum of four hours and must be scheduled and approved a minimum of one week in advance.

The contractor is required to notify residents, business owners, and schools adjacent to or near the work zone oneweek prior to any work fronting their property, and again 48 hours in advance of the start of work.

The contractor is required to give advanced written notice to the owners of properties prior to any activities, which may prohibit or decrease their access to their properties. All notices shall state the nature and duration of the interruption.

Water service interruption of businesses and residences shall not exceed four hours and shall be preceded by written notification a minimum of 48 hours prior to shutdown of service. The contractor shall be responsible for the notification of all businesses.

After the Project is awarded, staff will work closely with the Marketing and Outreach Division (MOD) team to inform the public of the Project and the potential impacts residents and business owners may experience from construction activities. Once a construction schedule has been solidified, staff will re engage the public and businesses in the surrounding area.

FINANCIAL IMPACT
The construction authorization for this Project will be $2,295,678, which is the total bid amount plus 10% contingency ($2,086,980 contract + $208,698 contingency). Funding for this Project is captured in Capital Improvement Program through the Capital Water Fund (Fund 462, CPW 090044).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to reject all bids, but this is not recommended because this may result in losing the grant funds needed to complete the Project. Because the Project is also weather dependent, staff does not recommend delaying the award of the Project. Delaying the award would have detrimental impacts to the construction schedule and potentially increase the severity of the traffic congestion in and Packet Page 361 of 441

Agenda Item No: 14.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024187 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Cratus, Inc. for the West Texas UtilityRelocation Project for the Heart of FairfieldRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield secured an Active Transportation Program (ATP) grant to improve West TexasStreet from Beck Avenue to Pennsylvania Avenue. The existing City water main in this area is at the endof its useful life and conflicts with the planned street improvements. The proposed resolution approvesthe plans and specifications for the West Texas Street Utility Relocation Project (Project) and awards acontract to Cratus Inc. (Cratus), of San Francisco, California in the amount of $2,086,980.DISCUSSIONThe City was awarded $10.9 million in ATP grant funds in 2021 based on its application to improveWest Texas Street between Beck Avenue and Pennsylvania Avenue. This portion of West Texas Streetwas initially improved as U.S. Highway 40, which then became State Route 12 (SR 12) whenconstruction, was completed on I80 and was later relinquished to the City by Caltrans when SR 12 wasrerouted in the late 1980s. This portion of West Texas Street has high rates of traffic, pedestrian andbicycle crashes and was identified as a key area for improvement during the Heart of Fairfield publicengagement process. Transforming the rightofway based on a complete streets concept wasdetermined to be the most effective concept for the redesign of this portion of West Texas Street andwas approved as part of the Heart of Fairfield Specific Plan. The City refers to this project as the WestTexas Complete Streets Project (Complete Streets Project). Design on the Complete Streets Projectbegan in 2021 and construction is expected to begin in early to mid2025.During the preliminary design of the Complete Streets Project, staff determined that the existing watermain between Curtis Drive and Pennsylvania Avenue was located in an area where it would be inconflict with the Complete Streets Project. Since the main was near the end of its useful life and theComplete Streets Project could not be constructed without its relocation, staff identified this portion ofthe water main for replacement in a new location. The City issued requests for proposals and thecouncil awarded a contract to GHD Engineers on July 6, 2021, for the Project.Design was completed on the Project in April 2024. Bids were opened on June 25, 2024, and two bidswere received. The apparent low bidder was Cratus, in the amount of $2,086,980. Staff has reviewedthe bid submitted by Cratus and found it to be in order. The Project will replace the old 12inch water main in West Texas Street between Curtis Drive andPennsylvania Avenue with a new 12inch main located on the northside of the street. The contractallows the contractor 75 working days to complete construction. If the contract is awarded in July,construction will not be completed until January at the earliest. Since the contractor may not be able towork during periods of significant rainfall, which typically begins in late December, staff recommendsawarding this contract as soon as possible so that construction can begin to minimize the duration ofthe construction work and corresponding impacts to the public.This project is similar to the recent water main replacement project on North Texas Street. The nature ofthe work will be impactful to those that work and drive through the area. To minimize the impacts toproperty and business owners along West Texas Street, the specifications require the following:All travel lanes outside of the immediate work zone must be opened during nonwork hours.Work is not permitted between 6:00 p.m. and 7:00 a.m.Closures of driveways which are necessary for construction are limited to a maximum of fourhours and must be scheduled and approved a minimum of one week in advance. The contractor is required to notify residents, business owners, and schools adjacent to or nearthe work zone oneweek prior to any work fronting their property, and again 48 hours in advanceof the start of work.The contractor is required to give advanced written notice to the owners of properties prior to anyactivities, which may prohibit or decrease their access to their properties. All notices shall statethe nature and duration of the interruption.Water service interruption of businesses and residences shall not exceed four hours and shall bepreceded by written notification a minimum of 48 hours prior to shutdown of service. Thecontractor shall be responsible for the notification of all businesses.After the Project is awarded, staff will work closely with the Marketing and Outreach Division (MOD)team to inform the public of the Project and the potential impacts residents and business owners mayexperience from construction activities. Once a construction schedule has been solidified, staff will reengage the public and businesses in the surrounding area. FINANCIAL IMPACTThe construction authorization for this Project will be $2,295,678, which is the total bid amount plus 10%contingency ($2,086,980 contract + $208,698 contingency). Funding for this Project is captured inCapital Improvement Program through the Capital Water Fund (Fund 462, CPW 090044).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to reject all bids, but this is not recommended because this may result in losingthe grant funds needed to complete the Project. Because the Project is also weather dependent, staff does not recommend delaying the award of the Project. Delaying the award would have detrimental impacts to the construction schedule and potentially increase the severity of the traffic congestion in and around the Project area.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Bid Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 7/2/2024 8:13 PM
Chaudhary, Savita Approved 7/2/2024 8:14 PM
Dombrowski, Delaney Approved 7/3/2024 11:48 AM
Dombrowski, Delaney Approved 7/3/2024 11:48 AM
Packet Page 362 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-187

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO CRATUS INC. FOR THE WEST TEXAS STREET

UTILITY RELOCATION PROJECT FOR THE HEART OF FAIRFIELD

WHEREAS, the West Texas Utility Relocation Project (Project) is required to facilitate the West Texas Complete Streets Project; and

WHEREAS, the plans and specification were completed and a bid opening for the Project took place on June 25, 2024; and

WHEREAS, the apparent low bid was submitted by Cratus Inc. (Cratus), in the amount of $2,086,980; and

WHEREAS, staff has reviewed the bid documents from Cratus and found them to be in order; and

WHEREAS, staff is recommending that the council award the contract to Cratus as the lowest responsive and responsible bidder in the amount of $2,086,980.

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

Section 1. The plans and specifications for the Project are hereby approved.

Section 2. The city manager is authorized to enter into a contract with Cratus for the Project in the amount of $2,086,980.

Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 10% ($208,698) of the above contract amount.

Section 4. The city manager or designee is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.

Section 5. The city manager or designee is hereby authorized to implement the above- mentioned contract.

Packet Page 363 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-187

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 364 of 441Attachment 1 Page 2 of 2

City of Fairfield
Public Works Department

West Texas Street Utility Relocation Project

NAME OF PROJECT
June 25, 2024, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 Cratus Inc. San Francisco, CA $2,086,980.00
2 Sub Terra Construction, Inc San Francisco, CA $3,748,900.00

Engineer’s Estimate $4,213,000.00
Note: This bid summary shows the bids in order but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

Packet Page 365 of 441Attachment 2 Page 1 of 1

Agenda Item No: 15.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024188 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Six Replacement Police Vehicles
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Police Department (PD) is in need of six replacement police interceptor utility (PIU) vehicles. The replacement cost of these vehicles is included in the fiscal year (FY) 20222023 budget. City Council approved the replacement of 11 PIUs on October 18, 2022, by Resolution No. 2022274. However, six of those specialized PIU orders have been canceled by the company since then. Adopting the proposed resolution authorizes the purchase of six replacement PIUs in the amount nottoexceed $341,823.

DISCUSSION
PD currently utilizes Ford Crown Victoria and Ford Explorer PIUs as patrol vehicles. Ford no longer produces the Crown Victoria model, and the City is transitioning to the exclusive use of the Ford Explorer PIU. PIU vehicles allow PD staff to manage critical incidents safely and effectively in the field.

On October 18, 2022, the council approved the purchase of 11 PIUs for a nottoexceed amount of $851,385.50 through Resolution No. 2022274. Due to unexpected supply chain restraints and labor shortages, Ford has canceled six ModelYear (MY) 2024 PIUs that the City ordered under the Resolution No. 2022274.

With six of the 11 FY 20222023 PIU orders canceled, the City has negotiated with Ford to extend price protection and allow the City to order six MY 2025 PIUs at the same price as our FY 20222023 order.

The order bank is expected to close in August 2024 for the MY 2025 PIU. Ford has let the City know that orders placed late in the order bank window may again be cancelled.

Staff recommends adopting the proposed resolution to suspend competitive bidding and authorize the Packet Page 366 of 441

Agenda Item No: 15.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024188 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing the City Manager to Purchase Six Replacement PoliceVehiclesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Police Department (PD) is in need of six replacement police interceptor utility (PIU) vehicles. Thereplacement cost of these vehicles is included in the fiscal year (FY) 20222023 budget. City Councilapproved the replacement of 11 PIUs on October 18, 2022, by Resolution No. 2022274. However, sixof those specialized PIU orders have been canceled by the company since then. Adopting theproposed resolution authorizes the purchase of six replacement PIUs in the amount nottoexceed$341,823.DISCUSSIONPD currently utilizes Ford Crown Victoria and Ford Explorer PIUs as patrol vehicles. Ford no longerproduces the Crown Victoria model, and the City is transitioning to the exclusive use of the FordExplorer PIU. PIU vehicles allow PD staff to manage critical incidents safely and effectively in the field. On October 18, 2022, the council approved the purchase of 11 PIUs for a nottoexceed amount of$851,385.50 through Resolution No. 2022274. Due to unexpected supply chain restraints and laborshortages, Ford has canceled six ModelYear (MY) 2024 PIUs that the City ordered under theResolution No. 2022274. With six of the 11 FY 20222023 PIU orders canceled, the City has negotiated with Ford to extend priceprotection and allow the City to order six MY 2025 PIUs at the same price as our FY 20222023 order.The order bank is expected to close in August 2024 for the MY 2025 PIU. Ford has let the City knowthat orders placed late in the order bank window may again be cancelled.

Staff recommends adopting the proposed resolution to suspend competitive bidding and authorize the city manager to purchase six replacement PIUs from a dealer that can get them on order before the order bank closes in August at the previously approved price of $341,823.

Staff has experienced supply chain issues over the last year, which has caused delays in procuring specialty products such as PIUs and raised prices. To account for potential price increases after placing the order, staff recommends a 10% price increase contingency of $34,182 for a total authorization of $376,005.

FINANCIAL IMPACT
The total cost for the replacement of six MY 2025 PIUs is for a nottoexceed amount of $376,005 ($341,823 base cost of PIUs + $34,182 contingency). This purchase is budgeted in the FY 20222023 Police Department Vehicle Replacement Fund Budget (Fund 512, Organization Code 54004).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject these acquisitions; however, this is not recommended because of the need to provide safe, serviceable, and costeffective police fleet vehicles.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 7/2/2024 11:15 AM
Packet Page 367 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-188

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

BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE SIX REPLACEMENT POLICE

VEHICLES

WHEREAS, the Police Department is in need of six replacement police interceptor utility (PIU) vehicles; and

WHEREAS, the council approved the purchase of 11 PIUs on October 18, 2022, by Resolution No. 2022-274 from Nation Auto Fleet Group; and

WHEREAS, global supply chain restraints and labor shortages have caused order cancellations of six of the approved PIUs for purchase; and

WHEREAS, Ford Motor Company has agreed to extend the same pricing as was quoted to the City in Resolution 2022-274 to purchase from another dealer for model year 2025 PIUs; and

WHEREAS, funding was allocated in the City’s approved fiscal year (FY) 2022-2023 Vehicle Replacement Fund (Fund 512) for this purchase.

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

Section 1. The council hereby suspends competitive bidding and authorizes the city manager to purchase six Model Year 2025 replacement Ford PIU vehicles in the amount not-to-exceed $341,823.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $34,182.

Packet Page 368 of 441Attachment 1 Page 1 of 2

RES. NO. 2024-188

Page 2 ends

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 369 of 441Attachment 1 Page 2 of 2

Agenda Item No: 16.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 202404 Amending Chapter 10B Business License Taxes of the Fairfield Municipal Code for Modernization and Simplification of the Business License Tax to be Placed on the November 5, 2024 Ballot and Adopt Resolution 2024189
RECOMMENDED ACTION

1. Approve an ordinance (Attachment 1) of the voters of the City of Fairfield amending Chapter 10B Business License Taxes of the Fairfield Municipal Code; and

2. Adopt a resolution (Attachment 2) ordering that the Ordinance be submitted to the qualified electors of the City of Fairfield to modify Chapter 10B Business License Taxes of the Fairfield Municipal Code for modernization and simplification of the Business License Taxes, at the General Election to be held on Tuesday, November 5, 2024.

STATEMENT OF ISSUE
To increase revenue and address maintaining essential city services, the City is considering a Fairfield Business License Modernization and Simplification Measure. The decision about whether to enact such a funding measure, which would adjust some existing business license tax rates, would be considered by Fairfield voters at the General Election held on Tuesday, November 5, 2024. If a majority of voters (50% plus 1) support the measure, it would go into effect on January 1, 2025.

DISCUSSION
Fairfield is a fullservice city, equipped with its own Cityrun police, fire, park, and public works including water utility services. The health, safety, and welfare of all residents in the City of Fairfield (“the City”) is the City’s top priority. The City of Fairfield faces a structural budget deficit that it is trying to solve; and the general fund pays for important City services such as police, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public.

At the March 12, 2024, City Council Study Session, the council directed staff to bring back approval of Transient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measures to a future council meeting to be considered for submission to the voters at the November 2024 election. Any changes to Fairfield’s business license tax rates must be approved by local voters. If Packet Page 370 of 441

Fixing potholes and maintaining Fairfield’s 793 miles of local streets Maintaining 911 emergency response times
Supporting firefighters, paramedics, and police patrols Maintaining city parks and public areas
Supporting senior, afterschool and recreational programs for children, families and seniors The City of Fairfield requires businesses operated in Fairfield to obtain a business license and pay an associated annual tax to help support the roads, infrastructure, and services used by local businesses.

Fairfield’s business license ordinance was last updated in 1984 and includes a complicated structure of 24 tiered rates for different types of businesses. The structure is difficult to administer, and a lot has changed in the 40 years since it was last updated, including new industries and dramatic changes to how people work. There is also a concern that the current structure places an unfair burden on small businesses and does not ensure that larger businesses pay a fair share for the city services and infrastructure they utilize.

To ensure Fairfield’s business license tax is equitable, fair, and reflects the current local economy, the City is considering changes to modernize and simplify the structure. The proposed changes are designed to attract, retain, and encourage business growth and job creation in Fairfield while simplifying oversight and compliance. The proposed changes could generate approximately $1 million in additional annual funding for local essential services. For comparison, the existing business license tax rates in neighboring cities are set forth below.

Table: Business License Tax Rates in Nearby Cities
Sample Business City’s
Current
Rates
Proposed
Rates
Napa Vacaville Vallejo
Small Craft Business:
1 employee / $20,000
$20 $55 $20 $65 $63
Café / LimitedService
Restaurant:
2 Employees / $80,000
$70 $105 $80 $135 $132
Barbershop:
3 Employees / $150,000
$110 $242 $150 $135 $219
Commercial Contractor:
5 Employees / $250,000
$170 $374 $250 $135 $279
Property Rental
(Residential/Commercial):
4 Employees / 35 Units /
$750,000
$350 $840 $165 $140 $84
Doctors Office:
20 Employees / $2,000,000
$1,036 $2,291 $500 $320 $1,211
Industrial Business /
Service:
300 Employees/ 30,000 sqft
/ $15,000,000
$1,624 $2,195 $7,500 $5,250 $4,135
Packet Page 371 of 441

Fairfield Business License Modernization and Simplification Measure. To protect essential city services such as pothole/street repair; fire protection/911 response; neighborhood police patrols; city park maintenance; senior and youth programs; and for general government use, shall the measure be adopted modernizing and simplifying Fairfield’s business license ordinance, with rates of $55 and up, and other rates as specified in the ordinance, until ended by voters, providing approximately $1,000,000 annually, including independent audits?
YES
NO
The proposed measures would be subject to fiscal accountability protections to ensure funds are spent properly, including:

Required public disclosure of all spending and mandatory annual audits No funds may be taken away by the State
All funds would stay in Fairfield for local services and infrastructure only To qualify for the ballot, 2/3 of the City Council (5 of 7 members) are required to vote affirmatively to approve the business license tax ordinance. If a council member is absent from the meeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for the ballot . If so, approved by the council, and then passed by a majority of the voters (50% plus 1) on Tuesday, November 5, 2024, it would go into effect on January 1, 2025.

FINANCIAL IMPACT
The proposed changes could generate approximately $1 million in annual funding for local essential services to the general fund. The projections are based on current economic data and trends and are subject to change with changes to economic activity within the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The City hired a consultant, TeamCivX and Godbe Research, to assist with creating the ballot language and educational materials, which included polling research to advise Council on the measures. The survey includes standard polling questions asking prospective voters about the measures. Prospective voters received email, text message, and phone call requests to participate in the survey. The survey was commissioned by GRA and McGuire Research to collect input about the TOT and Business License ballot measures. The results of the survey are attached to provide additional information to the Council in making their final decision to place the measures on the November ballot.

ALTERNATIVE ACTION
Packet Page 372 of 441

Agenda Item No: 16.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 202404Amending Chapter 10B Business License Taxes of the Fairfield Municipal Code forModernization and Simplification of the Business License Tax to be Placed on theNovember 5, 2024 Ballot and Adopt Resolution 2024189RECOMMENDED ACTION1. Approve an ordinance (Attachment 1) of the voters of the City of Fairfield amending Chapter 10BBusiness License Taxes of the Fairfield Municipal Code; and2. Adopt a resolution (Attachment 2) ordering that the Ordinance be submitted to the qualifiedelectors of the City of Fairfield to modify Chapter 10B Business License Taxes of the FairfieldMunicipal Code for modernization and simplification of the Business License Taxes, at theGeneral Election to be held on Tuesday, November 5, 2024.STATEMENT OF ISSUETo increase revenue and address maintaining essential city services, the City is considering a FairfieldBusiness License Modernization and Simplification Measure. The decision about whether to enactsuch a funding measure, which would adjust some existing business license tax rates, would beconsidered by Fairfield voters at the General Election held on Tuesday, November 5, 2024. If a majorityof voters (50% plus 1) support the measure, it would go into effect on January 1, 2025.DISCUSSIONFairfield is a fullservice city, equipped with its own Cityrun police, fire, park, and public works includingwater utility services. The health, safety, and welfare of all residents in the City of Fairfield (“the City”) isthe City’s top priority. The City of Fairfield faces a structural budget deficit that it is trying to solve; andthe general fund pays for important City services such as police, fire, and paramedic services; 911emergency response; emergency street repairs and maintenance; neighborhood park and recreationservices; and general municipal services to the public.At the March 12, 2024, City Council Study Session, the council directed staff to bring back approval ofTransient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measuresto a future council meeting to be considered for submission to the voters at the November 2024election. Any changes to Fairfield’s business license tax rates must be approved by local voters. Ifapproved by local voters, these measures would provide additional locally controlled funding foressential services, including:Fixing potholes and maintaining Fairfield’s 793 miles of local streetsMaintaining 911 emergency response timesSupporting firefighters, paramedics, and police patrolsMaintaining city parks and public areasSupporting senior, afterschool and recreational programs for children, families and seniorsThe City of Fairfield requires businesses operated in Fairfield to obtain a business license and pay anassociated annual tax to help support the roads, infrastructure, and services used by local businesses. Fairfield’s business license ordinance was last updated in 1984 and includes a complicated structureof 24 tiered rates for different types of businesses. The structure is difficult to administer, and a lot haschanged in the 40 years since it was last updated, including new industries and dramatic changes tohow people work. There is also a concern that the current structure places an unfair burden on smallbusinesses and does not ensure that larger businesses pay a fair share for the city services andinfrastructure they utilize.To ensure Fairfield’s business license tax is equitable, fair, and reflects the current local economy, theCity is considering changes to modernize and simplify the structure. The proposed changes aredesigned to attract, retain, and encourage business growth and job creation in Fairfield whilesimplifying oversight and compliance. The proposed changes could generate approximately $1 millionin additional annual funding for local essential services. For comparison, the existing business licensetax rates in neighboring cities are set forth below.Table: Business License Tax Rates in Nearby CitiesSample Business City’sCurrentRates ProposedRates Napa Vacaville VallejoSmall Craft Business:1 employee / $20,000 $20 $55 $20 $65 $63Café / LimitedServiceRestaurant:2 Employees / $80,000 $70 $105 $80 $135 $132Barbershop:3 Employees / $150,000 $110 $242 $150 $135 $219Commercial Contractor:5 Employees / $250,000 $170 $374 $250 $135 $279Property Rental(Residential/Commercial):4 Employees / 35 Units /$750,000 $350 $840 $165 $140 $84Doctors Office:20 Employees / $2,000,000 $1,036 $2,291 $500 $320 $1,211Industrial Business /Service:300 Employees/ 30,000 sqft/ $15,000,000 $1,624 $2,195 $7,500 $5,250 $4,135Supermarket /Retailer:90 Employees / $25,000,000 $3,990 $4,896 $25,000 $575 $6,758Proposed Language for Business License Modernization and Simplification MeasureElection on November 5, 2024THEFAIRFIELDBusiness License Modernization and Simplification MeasureMEASURE L:Fairfield Business License Modernization and SimplificationMeasure. To protect essential city services such as pothole/streetrepair; fire protection/911 response; neighborhood police patrols;city park maintenance; senior and youth programs; and for generalgovernment use, shall the measure be adopted modernizing andsimplifying Fairfield’s business license ordinance, with rates of$55 and up, and other rates as specified in the ordinance, untilended by voters, providing approximately $1,000,000 annually,including independent audits?YESNOThe proposed measures would be subject to fiscal accountability protections to ensure funds are spent properly,including:Required public disclosure of all spending and mandatory annual auditsNo funds may be taken away by the StateAll funds would stay in Fairfield for local services and infrastructure onlyTo qualify for the ballot, 2/3 of the City Council (5 of 7 members) are required to vote affirmatively to approve thebusiness license tax ordinance. If a council member is absent from the meeting, 5 City Council Members are stillrequired to vote affirmatively for the item to qualify for the ballot . If so, approved by the council, and then passed by amajority of the voters (50% plus 1) on Tuesday, November 5, 2024, it would go into effect on January 1,2025.FINANCIAL IMPACTThe proposed changes could generate approximately $1 million in annual funding for local essentialservices to the general fund. The projections are based on current economic data and trends and aresubject to change with changes to economic activity within the City.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe City hired a consultant, TeamCivX and Godbe Research, to assist with creating the ballot languageand educational materials, which included polling research to advise Council on the measures. Thesurvey includes standard polling questions asking prospective voters about the measures. Prospectivevoters received email, text message, and phone call requests to participate in the survey. The surveywas commissioned by GRA and McGuire Research to collect input about the TOT and BusinessLicense ballot measures. The results of the survey are attached to provide additional information to theCouncil in making their final decision to place the measures on the November ballot.

ALTERNATIVE ACTION
State law requires that such measures coincide with local City Council elections for public vote on the November 2024 General Election. The City Council could also forgo placing a revenue measure on the ballot. If such direction is given, then no further action is necessary.

STAFF CONTACT
Savita Chaudhary, Assistant City Manager
(707) 4287582
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department
ATTACHMENTS:

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

Reviewer Action Date
Chaudhary, Savita Approved 7/2/2024 8:49 PM
Dombrowski, Delaney Approved 7/3/2024 11:45 AM
Dombrowski, Delaney Approved 7/3/2024 11:46 AM
Packet Page 373 of 441

CITY OF FAIRFIELD

ORDINANCE NO. 2024-04

AN ORDINANCE OF THE VOTERS OF THE CITY OF FAIRFIELD AMENDING SECTION 10B OF THE

FAIRFIELD MUNICIPAL CODE TO MODERNIZE AND ADJUST THE RATES OF THE EXISTING CITY

OF FAIRFIELD BUSINESS LICENSE TAX FOR VARIOUS CATEGORIES OF BUSINESSES

THE VOTERS OF THE CITY OF FAIRFIELD DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 10B.41 of Chapter 10B of the Fairfield Municipal Code is hereby amended by deleting the existing Tables labeled “Annual Gross Receipts Categories” under each of Classifications “A,” “B,” and “C,” to be replaced by the table set forth in Section 2 of this Ordinance.

Section 2. The first paragraph of Section 10B.41 of Chapter 10B of the Fairfield Municipal Code is hereby amended to read as follows: (additional text underlined, deleted text struck through):

“Every person who engages in the following business activities described in classifications “A,” “B”,” and “C,” of this Section within the City of Fairfield shall pay a business license tax based upon gross receipts category at the rate listed for each category and in the gross receipts classifications set forth below:

Packet Page 374 of 441Attachment 1 Page 1 of 4

ORD. NO. 2024-04

Page 2 ends

Fairfield Business License Tax 2024 – Proposed Tax Table

Index
From
(Greater Than
Equal To)
To
(Less Than)
Class A Class B Class C
Rate Rate Rate
1 $0 $50,000 $55 $111 $55
2 $50,000 $100,000 $105 $131 $63
3 $100,000 $200,000 $242 $365 $96
4 $200,000 $300,000 $374 $563 $154
5 $300,000 $400,000 $462 $695 $206
6 $400,000 $500,000 $575 $864 $271
7 $500,000 $600,000 $667 $1,002 $326
8 $600,000 $700,000 $759 $1,485 $395
9 $700,000 $800,000 $840 $1,838 $470
10 $800,000 $900,000 $888 $1,982 $528
11 $900,000 $1,000,000 $936 $2,126 $585
12 $1,000,000 and greater
(Gross Receipts)
$936 +
$0.165/
$1,000
$2,126+
$0.165/
$1,000
$585 +
$0.115/
$1,000

As of January 01, 2026, and annually thereafter, the tax rates and tiers in this table shall be adjusted by a percentage equal to the average of each of the percent change in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (CPI-W) in the following three areas: 1) San Francisco-Oakland-Hayward, CA, 2) West, and 3) U.S. city average. This CPI data will be obtained from the Bureau of Labor Statistics, or its successor agency and the comparison will be made between the CPI values for October of the current fiscal year and the preceding October.

The new tax rates and tiers shall be rounded to the nearest one (1.00) dollar; for the additional tax on Gross Receipts per every $1,000 above $1,000,000 in tier 12 the tax rate amount shall be rounded to the nearest whole cent (0.01).

Section 3. Section 10B.41(a)(1) of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):

“(1) Every person conducting, managing, or carrying on the business consisting mainly of selling at retail, or manufacturing and selling at retail any goods, wares, or merchandise or other things of value and not enumerated elsewhere in this chapter being conducted, managed, or carried out by a person in the City shall be classified in this category.” Packet Page 375 of 441Attachment 1 Page 2 of 4

ORD. NO. 2024-04

Page 3 ends

Section 4. Sections 10B.41(a) and 10B.42 of Chapter 10B of the Fairfield Municipal Code are hereby amended by removing subsections (a) through (e), inclusive and (f) from Section 10B.42 and moving those subsections to existing Section 10B.41(a) as subsections (6) through (11):

Section 5. Any business license tax rate change imposed as a result of this Ordinance shall take effect with the new or renewed business license issued on or after January 1, 2025.

Section 6. Intended Amendment. It is the intent of the voters to amend Sections 10B.41 and 10B.42 of the Fairfield Municipal Code only as specified in this ordinance to adjust the rates and classifications for the existing Fairfield business license tax in Chapter 10B of the Fairfield Municipal Code. Pursuant to Elections Code Section 9217, the City Council may amend the provisions of this Ordinance or any other provision of Chapter 10B, and may add new types of businesses to a classification, without voter approval, except that no such amendment that has the effect of increasing the rate of the business license tax above the rates approved in this ordinance for any category or classification of business shall be effective without voter approval.

Except as specifically amended in this ordinance, the remaining provisions of Chapter 10B shall remain in full force and effect.

Section 7. SEVERABILITY. If any word, term, sentence or provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, the remainder of Chapter 10B and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 8. EFFECTIVE DATE AND TERMINATION. This ordinance shall take effect ten days following approval by the voters and shall remain in effect until repealed or amended by the voters of the City of Fairfield.

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ORD. NO. 2024-04

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APPROVED at a regular meeting of the City Council of the City of Fairfield on this 16th day of July 2024 and

PASSED AND ADOPTED by the voters of the City of Fairfield, State of California, at the General Municipal Election held on November 5, 2024.

_____________________________
Catherine Moy, Mayor

Attest:

_____________________________
Karen Rees, City Clerk

Approved as to Form:

_________________________
David Lim, City Attorney

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CITY OF FAIRFIELD

RESOLUTION NO. 2024-189

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

THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF FAIRFIELD A BALLOT MEASURE TO AMEND CHAPTER 10(B) OF THE FAIRFIELD MUNICIPAL CODE TO MODERNIZE

AND SIMPLIFY THE BUSINESS LICENSE TAX AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 , DIRECTING THAT THE CITY ATTORNEY PREPARE AN

IMPARTIAL ANALYSIS AND PROVIDING FOR ARGUMENTS AND REBUTTALS RELATED TO THE

MEASURE

WHEREAS, Fairfield is a full-service city, equipped with its own City-run police, fire, park, public works including water utility services; and

WHEREAS, the health, safety, and welfare of all residents in the City of Fairfield (“the City”) is the City’s top priority; and

WHEREAS, the City of Fairfield faces a structural budget deficit that it is trying to solve; and

WHEREAS, the general fund pays for important City services such as po lice, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public; and

WHEREAS, the City proposes modernize and simplify the Business License Tax, until ended by voters, as directed by City Council; and

WHEREAS, the proposed changes are designed to attract, retain, and encourage business growth and job creation in Fairfield, and increase some rates, while simplifying oversight and compliance; and

WHEREAS, the tax was last adjusted 40 years ago in 1984 and includes a complicated structure of 24 tiered rates for different types of businesses; and

WHEREAS, the proposed changes, locally enacted, could generate approximately $1 million in additional annual funding for local general services. The Business License Tax is a general tax that is deposited into the City’s general fund; and

WHEREAS, local, voter-approved funding for essential services will provide a guaranteed source of funding for the City of Fairfield that cannot be taken by the State and all funds would stay in Fairfield for local services and infrastructure only; and

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RES. NO. 2024-189

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WHEREAS, the proposed measure will be subject to fiscal accountability protections such as public disclosure of all spending; mandatory annual audits that ensure funds are used effectively and as promised and only to benefit the Fairfield community; and

WHEREAS, the general rule is that a Business License Tax must be placed on a regularly scheduled general election for members of the City Council, unless the City Council adopts a resolution proclaiming a fiscal emergency; and

WHEREAS, at the March 12, 2024, City Council Study Session, the Council directed staff to bring back to the Council for approval Transient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measures to be placed on November 2024 ballot; and

WHEREAS, the current 24 tiers structure of the Business License Tax is difficult to administer, and a lot has changed in the 40 years since it was last updated, including new industries and dramatic changes to how people work; and

WHEREAS, the current structure places an unfair burden on small businesses and does not ensure that larger businesses pay a fair share for the city services and infrastructure they utilize ; and

WHEREAS, to qualify for the ballot, 2/3 of the City Council (5 of 7 members) are required to approve the Business License Tax ordinance. If a council member is absent from the meeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for the ballot; and

WHEREAS, if so, approved by the Council, and then passed by the voters on Tuesday, November 5, 2024, with a majority of voters (50% plus 1) supporting the measure, it would go into effect on January 1, 2025.

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

Section 1. The City Council pursuant to its right and authority, does order to be submitted to the voters at the General Election to be held on November 5, 2024, the following question:

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RES. NO. 2024-189

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Proposed Language for Business License Modernization and Simplification Measure Election on November 5, 2024

THE FAIRFIELD BUSINESS LICENSE MODERNIZATION AND SIMPLIFICATION MEASURE MEASURE L:

Fairfield Business License Modernization and Simplification Measure.

To protect essential city services such as pothole/street repair; fire protection/9-1-1 response; neighborhood police patrols; city park maintenance; senior and youth programs; and for general government use, shall the measure be adopted modernizing and simplifying Fairfield’s business license ordinance, with rates of $55 and up, and other rates as specified in the ordinance, until ended by voters, providing approximately $1,000,000 annually, including independent audits?

YES

Section 2. The proposed measure submitted to the voters is hereby approved in Ordinance 2024-04, which is incorporated herein by this reference.

Section 3. The City will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the election’s official.

Section 4. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 6. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk not later than 5 p.m. on August 14, 2024.

Section 7. Arguments for or against this measure shall be submitted not later than 5 p.m. on August 16, 2024, to the City Clerk.

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RES. NO. 2024-189

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Section 8. The City Council adopts the provisions of subdivision (a) of Section 9285 of the Elections Code to permit rebuttal arguments if arguments have been filed in favor of and against the measure which is being submitted to the voters of the City at this special election. Rebuttal arguments shall be filed not later than 5:00 p.m. on August 20, 2024.

Section 9. The City Clerk is hereby directed to file a certified copy of this Resolution with the Solano County Board of Supervisors and the Solano County Registrar of Voters.

Section 10. This action is Categorically Exempt per CEQA Section 21080(b)(9); 15300 which applies to any project that has been determined not to have significant effect on the environment and exempt from this division.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 17.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 202405 Amending Chapter 8, Article III. Transient Occupancy Tax of the Fairfield Municipal Code to Increase the Transient Occupancy Tax (TOT) from 10% to 12% to be Placed on the November 5, 2024 Ballot and Adopt Resolution 2024190 RECOMMENDED ACTION

1. Approve an ordinance (Attachment 1) of the voters of the City of Fairfield amending Chapter 18 Article III Transient Occupancy Tax of the Fairfield Municipal Code; and

2. Adopt a resolution (Attachment 2) ordering that the Ordinance be submitted to the qualified electors of the City of Fairfield to increase the Transient Occupancy Tax (TOT) rate from 10% to 12% at the General Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis.

STATEMENT OF ISSUE
To increase revenue and address infrastructure needs, the City is considering an increase to the existing TOT rate, also commonly referred to as a hotel tax, from 10% to 12%. The decision about whether to enact such a funding measure would be considered by Fairfield voters at the General Election held on Tuesday, November 5, 2024. If a majority of voters (50% plus 1) support the measure, it would go into effect on January 1, 2025.

DISCUSSION
Fairfield is a fullservice city, equipped with its own Cityrun police, fire, park, and public works including water utility services. The health, safety and welfare of all residents, businesses and visitors in the City of Fairfield (“the City”) is the City’s top priority. The City of Fairfield faces a structural budget deficit that it is trying to solve; and the general fund pays for important City services such as police, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public.

At the March 12, 2024, City Council Study Session, the council directed staff to bring back approval of Transient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measures to a future council meeting to be considered for submission to the voters at the November 2024 election. Any increases to Fairfield’s hotel/motel tax and business license tax must be approved by local voters. If approved by local voters, these measures would provide locally controlled funding for essential services, including:

Maintaining rapid 911 emergency response times
Supporting firefighters, paramedics, and police patrols Fixing potholes and maintaining Fairfield’s 793 miles of local streets Maintaining parks and public areas
Supporting afterschool and recreational programs for children, families and seniors The City of Fairfield charges a local TOT to visitors staying in local hotels and motels. This hotel/motel tax is only paid by visitors to ensure they contribute to maintaining the roads, infrastructure, public safety services and other resources they utilize while staying in Fairfield. The tax is collected by hotel/motel operators and paid over to the City.

The tax was established in 1965 and the current 10% tax rate was last adjusted 40 years ago in 1984.

The current tax yields approximately $2.9 million annually. The City is considering increasing the hotel/motel tax rate to 12% to bring it in line with neighboring communities and generate approximately $600,000 annually in additional revenue to support local general services.

The TOT is not imposed on Fairfield residents, rather it is imposed on occupants of hotels, inns, and other eligible facilities for stays of 29 days or less. The TOT is applied to a customer’s lodging bill. The TOT is a general tax that is deposited into the City’s general fund. For comparison, the existing TOT rates in neighboring cities are set forth below:

Table: Transient Occupancy Tax Rates in Nearby Cities
City TOT Rate
Benicia 13%
Suisun City 10%
American Canyon 12%
Fairfield 10%
Vallejo 11%
Vacaville 13%*
Sonoma 13%
Napa 15%**
*Total sum includes TOT rate, Tourism Business Improvement District (TBID) and excise taxes. **City of Napa is planning to introduce a measure to increase their TOT in November Proposed Language for Transient Occupancy Tax Measure
Election on November 5, 2024
THE FAIRFIELD TRANSIENT OCCUPANCY TAX (TOT) MEASURE
MEASURE M:

Fairfield Essential Services Protection Measure. To protect essential city services such as pothole/street repair; fire protection/911 response; neighborhood police patrols; city park maintenance; senior and youth programs; and for general government use, shall the ordinance be adopted updating Fairfield’s existing transient occupancy (hotel) tax, paid only by hotel/ lodging YES
Packet Page 383 of 441

Required public disclosure of all spending and mandatory annual audits No funds may be taken away by the State
All funds would stay in Fairfield for local services and infrastructure only To qualify for the ballot, 2/3 of the City Council (at least 5 out of 7 members) are required to vote affirmatively to approve the transient occupancy tax ordinance. If a council member is absent from the meeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for the ballot. If so, approved by the Council, and then passed by a majority of the voters (50% plus 1) on Tuesday, November 5, 2024, it would go into effect on January 1, 2025.

FINANCIAL IMPACT
The proposed TOT rate increase of two percent would provide approximately a $600,000 increase in revenue per year to the general fund. The projections are based on current economic data and trends and are subject to change with changes to economic activity within the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The City hired a consultant, TeamCivX and Godbe Research, to assist with creating the ballot language and educational materials, which included polling research to advise council on the measures. The survey includes standard polling questions asking prospective voters about the measures. Prospective voters received email, text message, and phone call requests to participate in the survey. The survey was commissioned by GRA and McGuire Research to collect input about the Transient Occupancy Tax and Business License Tax Modernization and Simplification ballot measures. The results of the survey are attached to provide additional information to the council in making their final decision to place the measures on the November ballot.

Agenda Item No: 17.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 202405Amending Chapter 8, Article III. Transient Occupancy Tax of the Fairfield MunicipalCode to Increase the Transient Occupancy Tax (TOT) from 10% to 12% to be Placed onthe November 5, 2024 Ballot and Adopt Resolution 2024190RECOMMENDED ACTION1. Approve an ordinance (Attachment 1) of the voters of the City of Fairfield amending Chapter 18Article III Transient Occupancy Tax of the Fairfield Municipal Code; and2. Adopt a resolution (Attachment 2) ordering that the Ordinance be submitted to the qualified electorsof the City of Fairfield to increase the Transient Occupancy Tax (TOT) rate from 10% to 12% at theGeneral Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to preparean impartial analysis.STATEMENT OF ISSUETo increase revenue and address infrastructure needs, the City is considering an increase to theexisting TOT rate, also commonly referred to as a hotel tax, from 10% to 12%. The decision aboutwhether to enact such a funding measure would be considered by Fairfield voters at the GeneralElection held on Tuesday, November 5, 2024. If a majority of voters (50% plus 1) support the measure, itwould go into effect on January 1, 2025.DISCUSSIONFairfield is a fullservice city, equipped with its own Cityrun police, fire, park, and public works includingwater utility services. The health, safety and welfare of all residents, businesses and visitors in the Cityof Fairfield (“the City”) is the City’s top priority. The City of Fairfield faces a structural budget deficit thatit is trying to solve; and the general fund pays for important City services such as police, fire, andparamedic services; 911 emergency response; emergency street repairs and maintenance;neighborhood park and recreation services; and general municipal services to the public.At the March 12, 2024, City Council Study Session, the council directed staff to bring back approval ofTransient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measuresto a future council meeting to be considered for submission to the voters at the November 2024election. Any increases to Fairfield’s hotel/motel tax and business license tax must be approved by localvoters. If approved by local voters, these measures would provide locally controlled funding for essentialservices, including:Maintaining rapid 911 emergency response timesSupporting firefighters, paramedics, and police patrolsFixing potholes and maintaining Fairfield’s 793 miles of local streetsMaintaining parks and public areasSupporting afterschool and recreational programs for children, families and seniorsThe City of Fairfield charges a local TOT to visitors staying in local hotels and motels. This hotel/moteltax is only paid by visitors to ensure they contribute to maintaining the roads, infrastructure, public safetyservices and other resources they utilize while staying in Fairfield. The tax is collected by hotel/moteloperators and paid over to the City.The tax was established in 1965 and the current 10% tax rate was last adjusted 40 years ago in 1984.The current tax yields approximately $2.9 million annually. The City is considering increasing thehotel/motel tax rate to 12% to bring it in line with neighboring communities and generate approximately$600,000 annually in additional revenue to support local general services.The TOT is not imposed on Fairfield residents, rather it is imposed on occupants of hotels, inns, andother eligible facilities for stays of 29 days or less. The TOT is applied to a customer’s lodging bill. TheTOT is a general tax that is deposited into the City’s general fund. For comparison, the existing TOTrates in neighboring cities are set forth below:Table: Transient Occupancy Tax Rates in Nearby CitiesCityTOT RateBenicia13%Suisun City 10%American Canyon 12%Fairfield 10%Vallejo 11%Vacaville 13%*Sonoma 13%Napa 15%***Total sum includes TOT rate, Tourism Business Improvement District (TBID) and excise taxes.**City of Napa is planning to introduce a measure to increase their TOT in NovemberProposed Language for Transient Occupancy Tax MeasureElection on November 5, 2024THEFAIRFIELDTRANSIENT OCCUPANCY TAX (TOT) MEASUREMEASURE M:Fairfield Essential Services Protection Measure. To protectessential city services such as pothole/street repair; fireprotection/911 response; neighborhood police patrols; city parkmaintenance; senior and youth programs; and for generalgovernment use, shall the ordinance be adopted updating Fairfield’sexisting transient occupancy (hotel) tax, paid only by hotel/ lodgingguests, from 10% to 12%, until ended by voters, providingapproximately $600,000 annually, that cannot be taken by the State,including annual independent audits? YESNOThe proposed measures would be subject to fiscal accountability protections to ensure funds are spentproperly, including:Required public disclosure of all spending and mandatory annual auditsNo funds may be taken away by the StateAll funds would stay in Fairfield for local services and infrastructure onlyTo qualify for the ballot, 2/3 of the City Council (at least 5 out of 7 members) are required to voteaffirmatively to approve the transient occupancy tax ordinance. If a council member is absent from themeeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for theballot. If so, approved by the Council, and then passed by a majority of the voters (50% plus 1) onTuesday, November 5, 2024, it would go into effect on January 1, 2025.FINANCIAL IMPACTThe proposed TOT rate increase of two percent would provide approximately a $600,000 increase inrevenue per year to the general fund. The projections are based on current economic data and trendsand are subject to change with changes to economic activity within the City.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe City hired a consultant, TeamCivX and Godbe Research, to assist with creating the ballot languageand educational materials, which included polling research to advise council on the measures. Thesurvey includes standard polling questions asking prospective voters about the measures. Prospectivevoters received email, text message, and phone call requests to participate in the survey. The surveywas commissioned by GRA and McGuire Research to collect input about the Transient Occupancy Taxand Business License Tax Modernization and Simplification ballot measures. The results of the surveyare attached to provide additional information to the council in making their final decision to place themeasures on the November ballot.ALTERNATIVE ACTIONState law requires that such measures coincide with local City Council elections for public vote on theNovember 2024 General Election. The City Council could also forgo placing a revenue measure on theballot. If such direction is given, then no further action is necessary.STAFF CONTACTSavita Chaudhary, Assistant City Manager(707) 428[email protected] COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department
ATTACHMENTS:

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

Reviewer Action Date
Chaudhary, Savita Approved 7/2/2024 8:10 PM
Dombrowski, Delaney Approved 7/3/2024 11:46 AM
Dombrowski, Delaney Approved 7/3/2024 11:46 AM
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CITY OF FAIRFIELD

ORDINANCE NO. 2024-05

AN ORDINANCE ADOPTED BY THE VOTERS OF THE CITY OF FAIRFIELD AMENDING SECTION

18.13(a) OF THE FAIRFIELD MUNICIPAL CODE TO INCREASE THE RATE OF THE EXISTING CITY OF FAIRFIELD TRANSIENT OCCUPANCY TAX FROM 10% to 12%

THE VOTERS OF THE CITY OF FAIRFIELD DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 18.13(a) of Chapter 18, Article III of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):

“18.13. Imposition; amount; when and where payable.

“(a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten twelve percent of the rent charged by the operator. Such tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator of the hotel at the same time the rent is paid. If the rent is paid in installments, a proport ionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. The rate of ten twelve percent shall take effect as of January 1, 2025.”

Section 2. Intended Amendment. It is the intent of the voters to amend Section 18.13(a) only as specified in this ordinance to increase the rate of the existing Fairfield transient occupancy tax in Article III of Chapter 18 of the Fairfield Municipal Code. Pursuant to Elections Code Section 9217, the City Council may amend the provisions of this Ordinance, except that no such amendment that has the effect of increasing the rate of this tax above the rate approved in this ordinance shall be effective without voter approval. Except as specifically amended in this ordinance, the remaining provisions of Chapter 18, Article III shall remain in full force and effect.

Section 3. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, the remainder of Chapter 18, Article III, and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 4. EFFECTIVE DATE AND TERMINATION. This ordinance shall take effect ten days following approval by the voters and shall remain in effect until repealed or amended by the voters of the City of Fairfield.

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ORD. NO. 2024-05

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APPROVED at a regular meeting of the City Council of the City of Fairfield on this 16th day of July 2024; and

PASSED AND ADOPTED by the voters of the City of Fairfield, State of California, at the General Municipal Election held on November 5, 2024.

_____________________________

Catherine Moy, Mayor

Attest:

_____________________________
Karen Rees, City Clerk

Approved as to Form:

_________________________
David Lim, City Attorney

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CITY OF FAIRFIELD

RESOLUTION NO. 2024-190

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

THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF FAIRFIELD A BALLOT MEASURE TO AMEND FAIRFIELD MUNICIPAL CODE SECTION 18.13(a) TO INCREASE THE

TRANSIENT OCCUPANCY TAX (TOT) RATE BY TWO PERCENT AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, DIRECTING THAT THE CITY ATTORNEY PREPARE AN

IMPARTIAL ANALYSIS AND PROVIDING FOR ARGUMENTS AND REBUTTALS RELATED TO THE

MEASURE

WHEREAS, Fairfield is a full-service city, equipped with its own City-run police, fire, park, public works including water utility services; and

WHEREAS, the health, safety, and welfare of all residents, businesses, and visitors in the City of Fairfield (“the City”) is the City’s top priority; and

WHEREAS, the City of Fairfield faces a structural budget deficit that it is trying to solve; and

WHEREAS, the general fund pays for important City services such as police, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public; and

WHEREAS, the City proposes an increase in the amount of two percent, until ended by voters, to the existing Transient Occupancy Tax (TOT) rate as directed by City Council; and

WHEREAS, a Transient Occupancy Tax is paid by hotels and motels guests, and tourists to ensure they contribute to maintaining the roads, infrastructure, public safety services and other resources they utilize while staying in Fairfield; and

WHEREAS, the tax was established in 1965 and the current 10% tax rate was last adjusted 40 years ago in 1984 and the proposed increase to 12% will bring it in line with neighboring communities; and

WHEREAS, the proposed, locally enacted, Transient Occupancy Tax measure is projected to generate additional general fund revenue of approximately $600,000 annually for a two percent rate increase; and

WHEREAS, local, voter-approved funding for essential services will provide a local source of additional funding for the City of Fairfield that cannot be taken by the State and all funds would stay in Fairfield for local services and infrastructure only; and

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RES. NO. 2024-190

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WHEREAS, pursuant to California Revenue and Taxation Code Section 7280 the City of Fairfield ("City") has the authority to levy a Transient Occupancy Tax for general purposes, and subject to voter approval; and

WHEREAS, the general rule is that a Transient Occupancy Tax must be placed on a regularly scheduled general election for members of the council, unless the council adopts a resolution proclaiming a fiscal emergency; and

WHEREAS, at the March 12, 2024, City Council Study Session, the council directed staff to bring back approval of Transient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measures to a future council meeting to be considered for submission to the voters at the November 2024 election; and

WHEREAS, if Fairfield’s measure passes, then the Transient Occupancy Tax rate will be 12 percent; and

WHEREAS, the TOT is not imposed on Fairfield residents, rather it is imposed on occupants of hotels, inns, Airbnb, and other short-term lodging facilities for stays of 29 days or less. The TOT is applied to a customer’s lodging bill. The TOT is a general tax that is deposited into the City’s general fund.

WHEREAS, to qualify for the ballot, 2/3 of the City Council (Five members) are required to vote affirmatively for the Transient Occupancy Tax ordinance. If a council member is absent from the meeting, Five City Council Members are still required to vote affirmatively for the item to qualify for the ballot; and

WHEREAS, if so, approved by the council, and then passed by the voters on Tuesday, November 5, 2024, with a majority of voters (50% plus 1) supporting the measure, it would go into effect on January 1, 2025.

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

Section 1. The City Council pursuant to its right and authority, does order to be submitted to the voters at the General Election to be held on November 5, 2024, the following question:

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RES. NO. 2024-190

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Proposed Language for Transient Occupancy Tax Measure
Election on November 5, 2024

THE FAIRFIELD TRANSIENT OCCUPANCY TAX (TOT) MEASURE
MEASURE M:
 Fairfield Essential Services Protection Measure. To protect essential city services such as pothole/street repair; fire protection/9-1-1 response; neighborhood police patrols; city park maintenance; senior and youth programs; and for general government use, shall the ordinance be adopted updating Fairfield’s existing transient occupancy (hotel) tax, paid only by hotel/ lodging guests, from 10% to 12%, until ended by voters, providing approximately $600,000 annually, that cannot be taken by the State, including annual independent audits?

YES

Section 2. The proposed measure submitted to the voters is hereby approved in Ordinance 2024-05, which is incorporated herein by this reference.

Section 3. The City will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the election’s official.

Section 4. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. Pursuant to California Elections Code Section 9280, the council hereby directs the city clerk to transmit a copy of the measure to the city attorney. The city attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the city clerk not later than 5 p.m. on August 14, 2024.

Section 7. Arguments for or against this measure shall be submitted not later than 5 p.m. on August 16, 2024, to the city clerk.

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RES. NO. 2024-190

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Section 8. The council adopts the provisions of subdivision (a) of Section 9285 of the Elections Code to permit rebuttal arguments if arguments have been filed in favor of and against the measure which is being submitted to the voters of the City at this special election. Rebuttal arguments shall be filed not later than 5:00 p.m. on August 20, 2024.

Section 9. The city clerk is hereby directed to file a certified copy of this Resolution with the Solano County Board of Supervisors and the Solano County Registrar of Voters.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 18.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 2024191 of the City Council of the City of Fairfield Annexing Territory (Green Valley III Apartments) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 69, 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 2024192 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. 69 (Green Valley III Apartments)
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The conditions of approval for the Green Valley III Apartments development requires that the property be annexed to Community Facilities District No. 20122 (CFD 20122 or District). CFD 20122 was formed by the City to provide funding for public safety services, open space operation and park maintenance. A public hearing must be held on the question of whether to annex the property to CFD 20122. In the absence of majority protest, the proposed resolutions annex the territory to CFD 20122, authorize the levy of a special tax within the annexed territory subject to voter approval, call an election to allow the property owner to cast a ballot on the levy of a special tax, and declare the result of such election.

DISCUSSION
By Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos Community Packet Page 392 of 441

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

The property proposed for annexation is owned by Green Valley Land, LLC (Developer), and is located northwest of Business Center Drive and northeast of Green Valley Road within the boundary of assessor’s parcel number (APN) 0148540350, the boundaries of which are depicted on Exhibit A.

The development on the property will be a 185unit multifamily development (Green Valley III Apartments). Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

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

The council adopted Resolution No. 2024131 on June 4, 2024, to declare its intention to annex the territory to CFD 20122 and set a public hearing for July 16, 2024. Following the public hearing, and in the absence of a majority protest and approval by the property owner, the adoption of the attached resolutions will annex the territory to CFD 20122, call and hold an election of the property owner within the annexed territory, declare the results of the special election, and authorize the levy of the special taxes within the annexed territory, thereby concluding the annexation process.

Once the annexation is complete, the annexed territory will be designated as Annexation No. 69. The property owner of Annexation No. 69 will be required to pay annual special taxes for CFD 20122, beginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with the Rate and Method of Apportionment of Special Tax for CFD 20122.

FINANCIAL IMPACT
The estimated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $131,621.49, which is based on the FY 20242025 maximum special tax rate for a highdensity residential housing property. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the Developer and no general fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice of public hearing was published on July 7, 2024.

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

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
N/A
Packet Page 393 of 441

Agenda Item No: 18.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; and Resolution 2024191 of the City Council of the City of Fairfield Annexing Territory(Green Valley III Apartments) to Community Facilities District No. 20122 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 69,Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting theLevy of a Special Tax to the Qualified Electors Thereof; and Resolution 2024192 of the City Council of the City of Fairfield Declaring the Results ofa 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 AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 69 (Green Valley III Apartments)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Green Valley III Apartments development requires that the property beannexed to Community Facilities District No. 20122 (CFD 20122 or District). CFD 20122 wasformed by the City to provide funding for public safety services, open space operation and parkmaintenance. A public hearing must be held on the question of whether to annex the property to CFD20122. In the absence of majority protest, the proposed resolutions annex the territory to CFD 20122,authorize the levy of a special tax within the annexed territory subject to voter approval, call an electionto allow the property owner to cast a ballot on the levy of a special tax, and declare the result of suchelection.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos CommunityFacilities District (CFD), with the intention that future development within the City would annex to thisDistrict. The special taxes collected from the property owners within the District are used to fund publicsafety services, open space operation, and park maintenance in the Fairfield area.The property proposed for annexation is owned by Green Valley Land, LLC (Developer), and is locatednorthwest of Business Center Drive and northeast of Green Valley Road within the boundary ofassessor’s parcel number (APN) 0148540350, the boundaries of which are depicted on Exhibit A.The development on the property will be a 185unit multifamily development (Green Valley IIIApartments). Development of this property will change the property’s characteristics and manner inwhich the property will be used, thereby creating a need for more services funded by CFD 20122.The City contracts with Willdan Financial Services for the preparation of resolutions and the completionof balloting procedures for the annexation to existing CFDs. This process is a specialty service that theCity has contracted out since 1995 on an individual consultant services basis for each developmentrequiring annexation into a MelloRoos CFD.The council adopted Resolution No. 2024131 on June 4, 2024, to declare its intention to annex theterritory to CFD 20122 and set a public hearing for July 16, 2024. Following the public hearing, and inthe absence of a majority protest and approval by the property owner, the adoption of the attachedresolutions will annex the territory to CFD 20122, call and hold an election of the property owner withinthe annexed territory, declare the results of the special election, and authorize the levy of the specialtaxes within the annexed territory, thereby concluding the annexation process.Once the annexation is complete, the annexed territory will be designated as Annexation No. 69. Theproperty owner of Annexation No. 69 will be required to pay annual special taxes for CFD 20122,beginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with theRate and Method of Apportionment of Special Tax for CFD 20122.FINANCIAL IMPACTThe estimated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation isestimated to be $131,621.49, which is based on the FY 20242025 maximum special tax rate for ahighdensity residential housing property. The CFD 20122 maximum special tax rates include anautomatic annual consumer price index (CPI) adjustment. The process for the annexation is funded bythe Developer and no general fund monies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA notice of public hearing was published on July 7, 2024.ALTERNATIVE ACTIONIf the council has any questions concerning the required annexation of this development, this item maybe rescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTValerie Standfill, Management Analyst(707) 428[email protected] COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution Annexing Territory
Attachment 2: Exhibit A Boundary Map
Attachment 2a: Exhibit A Ballot
Attachment 3: Proposed Resolution Declaring Results
Attachment 3a: Exhibit A Declaring Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 7/2/2024 7:25 PM
Chaudhary, Savita Approved 7/2/2024 7:31 PM
Dombrowski, Delaney Approved 7/2/2024 7:34 PM
Dombrowski, Delaney Approved 7/2/2024 7:35 PM
Packet Page 394 of 441

CITY OF FAIRFIELD

RESOLUTION NO. 2024-191

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ANNEXING TERRITORY (GREEN VALLEY III APARTMENTS) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) AS ANNEXATION NO. 69,

AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXED TERRITORY, AND

SUBMITTING THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEROF

WHEREAS, this City Council, on June 4, 2024 adopted Resolution No. 2024-131 (Resolution of Intention) stating its intention to annex certain territory to the City’s existing Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD 2012-2), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act); and

WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to CFD 2012-2 (Territory) and stating the facilities and services (Services) to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (Rate and Method), is on file with the city clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention set July 16, 2024, as the date of the public hearing on the proposed annexation of the Territory to CFD 2012 -2; and

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

WHEREAS, on July 16, 2024, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD 2012 -2; and

WHEREAS, at said hearing, interested persons desiring to be heard on all matt ers pertaining to the annexation of the Territory to CFD 2012-2 and the levy of said special taxes within the Territory were heard, and a full and fair hearing was held, evidence was presented to this council regarding the annexation and special taxes, and this council is fully advised as to all matters relating to the annexation of the Territory to CFD 2012-2 and the special taxes; and

WHEREAS, prior to the time fixed for said hearing, written protests had not been filed with the city clerk against the proposed annexation of the Territory to CFD 2012 -2 by (i) 50% or more of the registered voters or six registered voters, whichever is more, residing in CFD 2012 -2, or (ii) or more of the registered voters, or six registered, whichever is more, residing in t he Territory, or (iii) owners of one-half or more of the area of land in CFD 2012-2 and not exempt from the Packet Page 395 of 441Attachment 1 Page 1 of 4

RES. NO. 2024-191

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levy of the special tax, or (iv) owners of one-half or more of the area of land in the Territory and not exempt from the levy of the special tax; and

WHEREAS, the special tax proposed to be levied in the Territory to pay for the cost of the Services, including incidental expenses, has not been precluded by a majority protest pursuant to Section 53324 of the Act; and

WHEREAS, Annexation Map No. 69 to CFD 2012-2 has been filed with the county recorder of the County of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk.

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

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. All prior proceedings taken by this council, with respect to CFD 2012-2 and the proposed annexation of the Territory thereto, have been du ly considered and are hereby determined to be valid and in conformity with the Act.

Section 3. This council determines that the project proposed for the Territory will intensify the use of the property, creating a need for more Services under CFD 20 12-2. The Services that CFD 2012-2 is authorized to finance are in addition to those provided in or required for the territory within CFD 2012-2 and will not replace existing services.

Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 69 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CF D 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 5. The provisions of the Resolution of Intention, which this council has heretofor e adopted, are by this reference incorporated herein, as if fully set forth herein.

Section 6. It is the intention of this council that, except where funds are otherwise available to pay for the Services, a special tax, secured by recordation of a continuing lien against all non- exempt real property in the Territory, will be levied annually within the boundaries of the Territory from and after the annexation of the Territory to CFD 2012-2. The special taxes shall be those as originally authorized through the formation of CFD 2012-2 and adopted by ordinance of the legislative body of CFD 2012-2. For particulars, reference is hereby made to the Rate and Packet Page 396 of 441Attachment 1 Page 2 of 4

RES. NO. 2024-191

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Method. The special tax is hereby authorized, subject to approval by two-thirds of the votes cast within the Territory, commencing with fiscal year (FY) 2024-2025, in accordance with the Rate and Method, and procedures of the Act within the boundaries of the Territory to pay for the costs of the Services, including incidental expenses.

Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the Territory shall be submitted to the voters within the Territory at an election called therefore as hereinafter provided.

Section 8. This council hereby finds that fewer than 12 persons have been registered to vote within the Territory for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this council for the purposes of these annexation proceedings.

Accordingly, and pursuant to Section 53326 of the Act, this council finds that for purposes of these proceedings the qualified electors are the landowners within the Territory and that the vote shall be by said landowners, each having one vote for each acre or each portio n thereof such landowner owns in the Territory.

Section 9. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that code, insofar as they have not been waived by the unanimous consent of all landowners of the Territory.

Section 10. This council calls a special election to consider the measure described in the ballot referred to in Section 11 below, which election will be held on July 16, 2024, (Election Day) in the office of the city clerk, at City Hall, located at 1000 Webster Street, Fairfield, California.

Section 11. The city clerk will be the election official to conduct the election and has caused to be provided to each landowner in the Territory, a ballot in the form of Exhibit A hereto, which is hereby approved.

Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery.

Section 13. This council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

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RES. NO. 2024-191

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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ANNEXATION MAP NO. 69 (GREEN VALLEY III APARTMENTS)
COMMUNITY FACILITIES DISTRICT NO. 2012-2
(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)

CITY OF FAIRFIELD

COUNTY OF SOLANO

STATE OF CALIFORNIA
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FILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAY OF__________, 20____.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF ANNEXATION MAP NO. 69 (GREEN VALLEY III
APARTMENTS) OF COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK

MAINTENANCE), CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF

CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY

OF FAIRFIELD AT A REGULAR MEETING, THEREOF, HELD ON THE ____________ DAY OF ____________, 20___, BY ITS RESOLUTION NO. ___________________.
_______________________________________

CITY CLERK

CITY OF FAIRFIELD
FILED THIS _________________ DAY OF _________________, 20___, AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK __________ PAGE(S) ___________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO.
_________________ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA.

GLENN ZOOK, ASSESSOR/RECORDER
_______________________________________

BY DEPUTY

COUNTY RECORDER

COUNTY OF SOLANO

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITY
FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN

SPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OF
FAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’S
OFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87- 100.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON

THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS
SHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSE
PARCELS LISTED.

THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALL

DETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

SHEET 1 OF 1
Legend
Annexation 69
Map Reference Number1
1 MAP REFERENCE
NUMBER

ASSESSOR'S PARCEL
NUMBER
1 0148-540-350
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EXHIBIT A

City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 69

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION

This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Fairfield no later than 6:00 p.m. on July 16, 2024, either by mail or in person. The City Clerk’s office is located at City Hall, 1000 Webster Street, 4th Floor, Fairfield, California, 94533.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the rate and method of apportionment (“RMA”) attached hereto as Exhibit A and incorporated herein and as also set forth in the Resolution of Intention of the City of Fairfield adopted by its Council on June 4, 2024?

YES:

NO:

By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/Authorized Representative Signature: ________________________

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CITY OF FAIRFIELD

RESOLUTION NO. 2024-192

RESOLUTION 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. 2012-2 (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. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) ANNEXATION NO. 69 (GREEN VALLEY III APARTMENTS)

WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act), this council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land annexed to Commun ity Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD 2012-2); and

WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held, and the city clerk has filed a Canvass and Statement of Results of Election (Canvass), a copy of which is attached hereto as Exhibit A; and

WHEREAS, this council has reviewed the Canvass and hereby approves it.

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

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution No. 2024-191, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Green Valley III Apartments) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 69, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof,” adopted July 16, 2024.

Section 3. Pursuant to the Canvass on file with the city clerk, the issue presented at the special election was approved by the landowners of the territory annexed to CFD 2012-2 by more than two-thirds of the landowners voting at the special election.

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RES. NO. 2024-192

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Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution No. 2024-191, adopted July 16, 2024, as heretofore provided in these proceedings.

Section 5. All prior proceedings taken by this council with respect to CFD 2012-2 and the annexation of the territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 6. Within 15 days of the date hereof, the city clerk shall execute and cause to be recorded in the office of the county recorder of the County of Solano an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 69

CANVASS AND STATEMENT OF RESULTS OF ELECTION

I hereby certify that on this date, I canvassed the returns of the election held on July 16, 2024, in the territory annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) of the City of Fairfield which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

City of Fairfield Community Facilities District
No. 2012-2 (Public Safety Services, Open
Space Operation, and Park Maintenance)
Qualified
Landowner
Votes Votes Cast YES NO
Annexation No. 69 Special Tax Annexation
Election, July 16, 2024 6

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on June 4, 2024?

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 16TH DAY OF JULY, 2024.

CITY OF FAIRFIELD

By:________________________
City Clerk
Packet Page 403 of 441Attachment 5 Page 1 of 1

Agenda Item No: 19.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Second Reading of Ordinance 202403 of the City Council of the City of Fairfield Authorizing an Amendment to the Contract Between the City of Fairfield and the Board of Administration of the California Public Employees' Retirement System (CalPERS) RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202403.

STATEMENT OF ISSUE
CalPERS staff has notified City staff that the current contract has provisions that do not reflect the current cost share agreements between the City and employee associations as stated in each memoranda of understanding. Therefore, CalPERS requested City staff to amend its contract to reflect the current cost share agreements. In order for the contract amendment to be finalized, an ordinance needs to be adopted by City Council.

DISCUSSION
CalPERS staff has notified City staff that the current contract has provisions that do not reflect the current cost share agreements between the City and employee associations as stated in each memoranda of understanding. Therefore, CalPERS requested City staff to amend its contract to reflect the current cost share agreements. In order for the contract amendment to be finalized, an ordinance needs to be adopted by City Council.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The council received a presentation at a duly noticed public hearing on June 18, 2024. The council voted unanimously to approve Ordinance 202403, following the staff’s recommendation.

ALTERNATIVE ACTION
The council may choose not to adopt the ordinance and amend the City's contract with CalPERS.

Packet Page 404 of 441

Agenda Item No: 19.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Second Reading of Ordinance 202403 of the City Council of the City of FairfieldAuthorizing an Amendment to the Contract Between the City of Fairfield and the Boardof Administration of the California Public Employees' Retirement System (CalPERS)RECOMMENDED ACTIONProvide second reading and adopt Ordinance 202403.STATEMENT OF ISSUECalPERS staff has notified City staff that the current contract has provisions that do not reflect thecurrent cost share agreements between the City and employee associations as stated in eachmemoranda of understanding. Therefore, CalPERS requested City staff to amend its contract to reflectthe current cost share agreements. In order for the contract amendment to be finalized, an ordinanceneeds to be adopted by City Council.DISCUSSIONCalPERS staff has notified City staff that the current contract has provisions that do not reflect thecurrent cost share agreements between the City and employee associations as stated in eachmemoranda of understanding. Therefore, CalPERS requested City staff to amend its contract to reflectthe current cost share agreements. In order for the contract amendment to be finalized, an ordinanceneeds to be adopted by City Council.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe council received a presentation at a duly noticed public hearing on June 18, 2024. The councilvoted unanimously to approve Ordinance 202403, following the staff’s recommendation.

ALTERNATIVE ACTION
The council may choose not to adopt the ordinance and amend the City's contract with CalPERS.

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

Description
Attachment 1: Proposed Ordinance
Attachment 2: Exhibit A Amendment to Contract
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 7/8/2024 4:17 PM
Packet Page 405 of 441

CITY OF FAIRFIELD
ORDINANCE NO. 2024-03

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF FAIRFIELD AND THE BOARD OF

ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

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

SECTION 1.

That an amendment to the contract between the City Council of the City of Fairfield and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

SECTION 2.

The city manager of the City of Fairfield is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Fairfield.

SECTION 3.

This Ordinance shall be effective 30 days following its adoption by the council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 18th day of June 2024, and

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

_________________________________________________
MAYOR
ATTEST:
_______________________________

CITY CLERK
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Agenda Item No: 20.

AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 2024193 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the Revocation of Business License # 24000256 for Field Gift Shop Located at 1312 W. Texas Street, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code RECOMMENDED ACTION
The council is asked to conduct a hearing and approve/sustain or deny/overrule the appeal of the revocation of business license # 24000256 for Field Gift Shop.

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

DISCUSSION
On May 24, 2024, the City of Fairfield revoked business license #24000256 for Field Gift Shop located at 1312 West Texas Street. The owner of Field Gift Shop, Hamza Ahmed, has appealed the revocation of their business license #24000256 and has asked for a hearing before the council as provided for under Fairfield Municipal Code section 10B.33.

On July 2, 2024, the council passed resolution 2024173, setting the appeal of the revocation of business license #24000256 for July 16, 2024, at 6:00 PM during the normal City Council meeting.

The council is required to hold a hearing on this matter and approve/sustain or deny/overrule the appeal.

Fairfield Municipal Code 10B.33 states:
10B.33 Appeal to council; findings conclusive.

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Agenda Item No: 20.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 2024193 of the City Council of the City of Fairfield [Approving/Sustaining][Denying/Overruling] the Appeal of the Revocation of Business License # 24000256 forField Gift Shop Located at 1312 W. Texas Street, Fairfield, CA 94533 Pursuant toChapter 10 (Section 10B.33) of the Fairfield Municipal CodeRECOMMENDED ACTIONThe council is asked to conduct a hearing and approve/sustain or deny/overrule the appeal of therevocation of business license # 24000256 for Field Gift Shop.STATEMENT OF ISSUEThe Fairfield Municipal Code allows the holder of a City business license to appeal the revocation oftheir license to the council. Fairfield Municipal Code section 10B.33 requires the council to conduct ahearing and approve/sustain or deny/overrule the appeal.DISCUSSIONOn May 24, 2024, the City of Fairfield revoked business license #24000256 for Field Gift Shop locatedat 1312 West Texas Street. The owner of Field Gift Shop, Hamza Ahmed, has appealed the revocationof their business license #24000256 and has asked for a hearing before the council as provided forunder Fairfield Municipal Code section 10B.33. On July 2, 2024, the council passed resolution 2024173, setting the appeal of the revocation ofbusiness license #24000256 for July 16, 2024, at 6:00 PM during the normal City Council meeting. The council is required to hold a hearing on this matter and approve/sustain or deny/overrule theappeal. Fairfield Municipal Code 10B.33 states:
10B.33 Appeal to council; findings conclusive.

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

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

City Staff has submitted evidence for this hearing. The packet of evidence is attached to this agenda report. For ease of reference, each page is BATES stamped with a sixdigit number in the bottom right hand corner of each page. The owner of the business will also be provided an opportunity to present any documents or other evidence at the hearing.

FINANCIAL IMPACT
The financial impact is minimal, as the hearing will take place during a regularly scheduled council meeting.

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

STAFF CONTACT
David Lim, City Attorney
(415) 7820393
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department, Finance Department ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: City Evidence Packet
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 6/26/2024 2:07 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-193

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD [APPROVING/SUSTAINING] [DENYING/OVERRULING] THE APPEAL OF THE REVOCATION OF BUSINESS LICENSE NUMBER 24000256 FOR FIELD GIFT SHOP LOCATED AT 1312 W. TEXAS STREET, FAIRFIELD, CA 94533

WHEREAS, On May 24, 2024, the City of Fairfield declined to renew business license number 24000256 belonging to Field Gift Shop located at 1312 West Texas Street in the City of Fairfield, State of California; and

WHEREAS, Fairfield Municipal Code section 10B.33 states, “Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a no tice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified.”; and

WHEREAS, Field Gift Shop has timely exercised their right of appeal to the City Council through delivery to the City requesting an appeal of the revocation of their license on June 4, 2024; and

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

WHEREAS, the council set a hearing date on the appeal of the revocation of business license number 24000256 for July 16, 2024 by passing resolution 2024-173; and

WHEREAS, the council has held the hearing on the appeal of the revocation of business license number 24000256 by hearing and considering sworn testimony from all parties wishing to be heard and receiving and considering all evidence lawfully admitted before it.

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

Section 1. The City Council finds that the appeal brought by Field Gift Shop regarding the revocation of business license 24000256 is (choose one): APPROVED/SUSTAINED or DENIED/OVERRULED.

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

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RES. NO. 2024-193

Page 2 ends

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

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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DBA
Account #
Field Gift Shop
24000256
DBA Bus. Status
Lic. StatusBus Name
Address
City
Location
Mail (Add'l)
Mail Addr
Mail City
Ownership
Loc. Type
Account #
License #
Phone
Alt Phone
Start Date
Close Date
1312 W TEXAS ST
FAIRFIELD, CA 94533-5919
1312 W TEXAS ST
FAIRFIELD, CA 94533-5919
(707) 913-6111Inside
Field Gift Shop
Hamza Ahmed
Commercial/Industrial
New Application
License Issued
24000256
24000256
02/06/2024
Sole Proprietorship
Fax Num
Expiration Date
Rates
12/31/2024
STD - Class A
Geo Areas South 2
Additional Information
State LicenseNAIC Code
SIC Code
Business Type
License Desc
Sales TaxE-Mail
Type
FEIN
SEIN
Exp. Date
7299001 - Miscellaneous Personal Services, Not Elsewhere Classified 45411 - Electronic Shopping And Mail-order Houses
083 - Retail
Website
--
--ON FILE--
[email protected]
Retail/Gift Shop
Custom Fields
Commercial Building Sq Solano County Health P Veteran-Owned False Other Minority-Owned True Woman-Owned Total Vending or Autom Seller's Permit Number Lessor of Real Property Lessor of Real Property Lessor of Real Property Wholesale Permit Numb Black-Owned False Hispanic-Owned True Asian-Owned False
Owner Information
1224 LINCOLN ST
Hamza Ahmed
FAIRFIELD, CA 94533-4814
Driver's License
Name
Street
City
Start Date
End Date
Status Date of Birth
Contact Type
SSN
Phone
Phone 2
(707) 913-6111
(415) 960-5940
--ON FILE--
--ON FILE--
01/01/1995
Business Owner
Active
Title
Email
02/21/2024
[email protected]
Emergency Contact(s)
Name
Street
City
1224 LINCOLN ST
FAIRFIELD, CA 94533-4814
Title
Phone
Phone2
(707) 913-6111
(415) 960-5940
hamza ahmed
Attn
Email [email protected]
Alarm Information

NO ALARM INFORMATION AVAILABLE
000005
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DBA
Account #
Field Gift Shop
24000256
Fees
STD -Class A
Application
Renewal
Issue Date
Expire Date
Penalties
Adjustments
-
-
New Application
Annual (end of Dec)
02/21/2024
12/31/2024
Rate Type Class A
Submittal Date 02/21/2024
Penalty-To-Date 2/21/2024
Fees 24.00
Amount Paid 24.00
-Balance
Receipts -

1.00Employees
Employee Fees
Receipts Fees
Units Fees
Vending Fees
-

20.00 -
-
Vehicle Fees -
Special Fees 4.00
Total 24.00
License Fees -
Approvals
Approval Assigned On Returned On Status NoteAssigned By Returned ByAssigned To Planning 02/21/2024 02/21/2024 ApprovedJH JHJH
Locations
Description Address ParcelCity # of Units Type
Notes
Date Posted By NotesWithdrawn
000006
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Fairfield City CouncilJuly 16, 2024

Fairfield City Council
July 16, 2024