Agenda, first session — Fairfield City Council, September 3, 2024 (part 1 of 2)

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

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via Packet Page 1 of 198

PRESENTATIONS

1.Homeless Services Division Point in Time Count and End of Year Update Contact:Samantha Burrows, (707) 4287749
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

2.Minute Action Approving Mayor’s Appointment for the 2024 League of California Cities Voting Delegate and Alternate
Recommended Action
Approve mayor’s appointment recommendations.

Funding Source
Packet Page 2 of 198

Funding Source
N/A
Contact:Anna Guiles, (707) 4287399
a

3.Resolution 2024214 of the City Council of the City of Fairfield Approving the Response to the 20222023 Solano County Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dan Marshall, (707) 5801055
a

4.Resolution 2024215 of the City Council of the City of Fairfield Approving the Purchase of Asset Management Software From Ivanti, Inc.

Recommended Action
Adopt resolution.

Funding Source
$505,364; Computer Fund
Contact:Savita Chaudhary, (707) 4287582
a

5.Resolution 2024216 of the City Council of the City of Fairfield Accepting the Improvements for the Villages at Fairfield – Clay Bank Road South as Complete Recommended Action
Adopt resolution.

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

6.Resolution 2024217 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Green Valley III Apartments) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 69 Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Valerie Standfill, (707) 4287055
a

7.Resolution 2024218 of the City Council of the City of Fairfield Accepting the Improvements for the Canon Station Planning Area 4 Vanden Road Landscape as Complete Recommended Action
Adopt resolution.

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

8.Resolution 2024219 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Canon Station Planning Area 4 – Neighborhood 8 Subdivision as Packet Page 3 of 198

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILTUESDAY, SEPTEMBER 3, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item in the 12 months prior to the date the item is onthe agenda. Members of the City Council who have received, and applicants,contractors or their agents who have made, campaign contributions totaling more than$250 to a City Council Member in the 12 months prior to the date the item is on theagenda are required to disclose that fact for the official record of the subjectproceedings. Disclosures must include the amount of the campaign contribution andidentify the recipient City Council Member and may be made either in writing to theCity Clerk before the agenda item or by verbal disclosure during consideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION PASTOR JONATHAN BOVE, CALVARY CHAPEL SOLANOPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Homeless Services Division Point in Time Count and End of Year UpdateContact:Samantha Burrows, (707) 4287749aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Minute Action Approving Mayor’s Appointment for the 2024 League of California Cities VotingDelegate and AlternateRecommended ActionApprove mayor’s appointment recommendations.Funding SourceN/AContact:Anna Guiles, (707) 4287399a3.Resolution 2024214 of the City Council of the City of Fairfield Approving the Response to the20222023 Solano County Civil Grand Jury Report Entitled: Solano County Canine OfficerTraining Handling & End of Career PoliciesRecommended ActionAdopt resolution.Funding SourceN/AContact:Dan Marshall, (707) 5801055a4.Resolution 2024215 of the City Council of the City of Fairfield Approving the Purchase of AssetManagement Software From Ivanti, Inc.Recommended ActionAdopt resolution.Funding Source$505,364; Computer FundContact:Savita Chaudhary, (707) 4287582a5.Resolution 2024216 of the City Council of the City of Fairfield Accepting the Improvements forthe Villages at Fairfield – Clay Bank Road South as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a6.Resolution 2024217 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (Green Valley III Apartments) to Community Facilities District No. 20122 andAuthorizing the Levy of Special Taxes Therein for Annexation No. 69Recommended ActionAdopt resolution.Funding SourceN/AContact:Valerie Standfill, (707) 4287055a7.Resolution 2024218 of the City Council of the City of Fairfield Accepting the Improvements forthe Canon Station Planning Area 4 Vanden Road Landscape as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478 a

8.Resolution 2024219 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Canon Station Planning Area 4 – Neighborhood 8 Subdivision as Complete
Recommended Action
Adopt resolution.

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

9.Resolution 2024220 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Third Amendment to the Memorandum of Understanding by and Among the Cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and the Solano Transportation Authority for Intercity Taxi Card Program Services Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Shaun Vigil, (707) 4343807
a

10.Resolution 2024221 of the City Council of the City of Fairfield Authorizing the City Manager to Sign a Letter of Understanding with the Solano County Water Agency for a OneTime Transfer of 1,000 AcreFeet (NotToExceed 2,000 AcreFeet) of the Fairfield 2024 State Water Project Article 56 “Carryover” Water Supplies with Another State Water Contractor Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Michael J. Hether, (707) 4287493
a

11.Second Reading and Adoption of Ordinance 202406 of the City Council of the City of Fairfield Approving the Fifth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Station LLC Regarding Land in the Train Station Specific Plan Area
Recommended Action
Provide second reading and adopt Ordinance 202406.

Funding Source
N/A
Contact:Meily M Sheehan, (707) 4287474
a
NEW BUSINESS

12.Resolution 2024222 of the City Council of the City of Fairfield Considering the Proposed Amendment and Restatement of the Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) and an Increase in the Amount of Bonded Indebtedness, Approving an Amended and Restated Deposit Agreement, and Approving Other Matters Related Thereto Recommended Action
Adopt resolution.

Funding Source
Packet Page 4 of 198

Funding Source
N/A
Contact:John Furtado, (707) 4287629
a
PUBLIC HEARINGS

13.Public Hearing; and
Resolution 2024223 of the City Council of the City of Fairfield Approving the Submission of the Fiscal Year 20232024 Community Development Block Grant Program Consolidated Annual Performance Evaluation Report to the U.S. Department of Housing and Urban Development (HUD) and Authorizing the City Manager to Execute Any Agreements or Documents Requested by HUD
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:LaTanya Terrones , (707) 4287454
a

14.Public Hearing; and
First Reading and Introduction of Ordinance 202407 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code, also Known as the Zoning Ordinance, to Create a Land Use Definition for "MiniStorage: Interior" and Conditionally Permit the Use in the Industrial Business Park District; Create a Land Use Definition for "Mini Storage: Exterior;" and Adjust Various Land Use Regulations Pertaining to "MiniStorage:

Interior" and "MiniStorage: Exterior" Uses
Recommended Action
Hold public hearing; waive full reading, read by title only, and introduce an ordinance for first reading.

Funding Source
N/A
Contact:Jonathan Atkinson, (707) 4287387
a
ADJOURN TO TUESDAY, SEPTEMBER 17, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, August 28, 2024.

Packet Page 5 of 198

Agenda Item No: 2.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Approving Mayor’s Appointment for the 2024 League of California Cities Voting Delegate and Alternate
RECOMMENDED ACTION
Approve mayor’s appointment recommendations.

STATEMENT OF ISSUE
The City Council is asked to approve the mayor’s recommendation of the voting delegate for the League of California Cities Annual Conference.

DISCUSSION
Each year, the League of California Cities (Cal Cities) convenes a memberdriven General Assembly to vote on policy resolutions that impact local control. These policies serve as the foundation that guides cities in overall decisionmaking and help shape legislative priorities for Cal Cities. This year’s General Assembly will take place on October 18, 2024, in Long Beach as part of the annual Cal Cities Conference.

A voting delegate must be a councilappointed city official – elected or appointed – who represents their city at the General assembly. The mayor has made a recommendation for Councilmember Doriss Panduro to serve as the voting delegate with Councilmember Rick Vaccaro as the alternate.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to discuss other alternative appointments for the voting delegate and alternate.

Packet Page 6 of 198

Agenda Item No: 2.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Approving Mayor’s Appointment for the 2024 League of California CitiesVoting Delegate and AlternateRECOMMENDED ACTIONApprove mayor’s appointment recommendations.STATEMENT OF ISSUEThe City Council is asked to approve the mayor’s recommendation of the voting delegate for theLeague of California Cities Annual Conference.DISCUSSIONEach year, the League of California Cities (Cal Cities) convenes a memberdriven General Assembly tovote on policy resolutions that impact local control. These policies serve as the foundation that guidescities in overall decisionmaking and help shape legislative priorities for Cal Cities. This year’s GeneralAssembly will take place on October 18, 2024, in Long Beach as part of the annual Cal CitiesConference.A voting delegate must be a councilappointed city official – elected or appointed – who representstheir city at the General assembly. The mayor has made a recommendation for Councilmember DorissPanduro to serve as the voting delegate with Councilmember Rick Vaccaro as the alternate.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTION The council may choose to discuss other alternative appointments for the voting delegate and alternate.

STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Cal Cities Designation of Voting Delegates and Alternates REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/22/2024 5:46 PM
Beavers, Esther Approved 8/22/2024 5:46 PM
Packet Page 7 of 198

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
Packet Page 8 of 198Attachment 1 Page 1 of 4

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

Packet Page 9 of 198Attachment 1 Page 2 of 4

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Packet Page 10 of 198Attachment 1 Page 3 of 4

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Packet Page 11 of 198Attachment 1 Page 4 of 4

Agenda Item No: 3.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024214 of the City Council of the City of Fairfield Approving the Response to the 20222023 Solano County Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The subject Solano County Civil Grand Jury Report was issued on June 18, 2024, and requires a response by the City of Fairfield no later than Wednesday, September 18, 2024. A written response, to be signed by the city manager, is attached.

DISCUSSION
The Solano County Civil Grand Jury requested the Findings and Recommendations in the report pursuant to Penal Code §933.05. The Grand Jury has provided the Solano County Emergency Dispatch Report to the City of Fairfield. Per Penal Code Section 933, the City must respond to the findings and recommendations. A copy of the City’s responses is attached.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Should the council have questions, staff can provide additional clarification. However, a response to the Grand Jury must be received no later than September 18, 2024.

STAFF CONTACT
Dan Marshall, Police Chief
Packet Page 12 of 198

Agenda Item No: 3.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024214 of the City Council of the City of Fairfield Approving the Responseto the 20222023 Solano County Civil Grand Jury Report Entitled: Solano CountyCanine Officer Training Handling & End of Career PoliciesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe subject Solano County Civil Grand Jury Report was issued on June 18, 2024, and requires aresponse by the City of Fairfield no later than Wednesday, September 18, 2024. A written response, tobe signed by the city manager, is attached.DISCUSSIONThe Solano County Civil Grand Jury requested the Findings and Recommendations in the reportpursuant to Penal Code §933.05. The Grand Jury has provided the Solano County EmergencyDispatch Report to the City of Fairfield. Per Penal Code Section 933, the City must respond to thefindings and recommendations. A copy of the City’s responses is attached.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONShould the council have questions, staff can provide additional clarification. However, a response to theGrand Jury must be received no later than September 18, 2024.

STAFF CONTACT
Dan Marshall, Police Chief
(707) 5801055
[email protected]
COORDINATED WITH
City Manager's Office, Police Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Grand Jury Response Letter
Attachment 3: Solano County Grand Jury Letter Dated June 18, 2024 Attachment 4: Solano County Civil Grand Jury 20222023 Solano County Canine Officer Training, Handling & End of Career Policies
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/20/2024 9:24 AM
Packet Page 13 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-214

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE RESPONSE TO THE 2022-2023 SOLANO COUNTY CIVIL GRAND JURY REPORT ENTITLED:

SOLANO COUNTY CANINE OFFICER TRAINING HANDLING & END OF CAREER POLICIES

WHEREAS, the Solano County Grand Jury has issued a report for 2022-2023 entitled “Solano County Canine Officer Training Handling & End of Career Policies;” and

WHEREAS, the Solano County Grand Jury has presented Findings and Recommendations in its report and has required the City of Fairfield to respond; and

WHEREAS, under the California Penal Code, the City of Fairfield is obligated to respond to the Findings and Recommendations of the Grand Jury within 90 days; and

WHEREAS, a proposed response to the Findings and Recommendations of the Grand Jury Investigation has been developed.

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

Section 1. The attached response to the 2022-2023 Grand Jury report entitled “Solano County Canine Officer Training Handling & End of Career Policies” is hereby approved for transmittal to the Administrative Assistant to the Grand Jury, Cheryl Clower.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

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

NOES: COUNCILMEMBERS: ____________________________________________

ABSENT: COUNCILMEMBERS: ____________________________________________

ABSTAIN: COUNCILMEMBERS: ____________________________________________

_________________________________________
MAYOR

ATTEST:

___________________________

CITY CLERK
Packet Page 14 of 198Attachment 1 Page 1 of 1

CITY MANAGER’S OFFICE

September 4, 2024

Honorable Alesia Jones
Presiding Judge of the Superior Court SENT VIA EMAIL
Solano County Superior Court
600 Union Avenue
Fairfield, CA 94533

Re: 2022-2023 Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies

Dear Honorable Alesia Jones:

This letter is on behalf of the City Council and the Chief of Police in response to the Grand Jury request dated June 18, 2024, regarding the Solano County Canine Officer Training Handling & End of Career Policies. The Grand Jury’s Findings and Recommendations are listed below, along with the response:

Finding 1 – “On-going in-service training with canines and canine handlers is currently taking place, but not consistent across all agencies throughout the County. Canine pre -deployment training has generally been through a third party outside of the law enforcement agency. In the past, pre-deployment training practices had been a harsh environment for the canine.

Occasionally severe discipline was used to train the canine causing the canine a high level of stress during and after the training period.”

Recommendation 1 – “Use an outside agency for pre-deployment training only if the training facility and trainers are adhering to Peace Officer Standards and Training (POST) training practices with positive reinforcement. For on-going in-service training, continue monthly training of the canine team through positive reinforcement. Train for a minimum of 16 hours a month, or 192 hours annually on current skills and new techniques. Elements of the training techniques should be made available to the public.”

Council and City’s Response – The Fairfield Police Department has long been committed to a rigorous training program following the POST guidelines established in 2014. The industry standard for over a decade has been 16 hours of monthly training, and we meet or exceed that Packet Page 15 of 198Attachment 2 Page 1 of 4

Letter to Honorable Wendy G. Getty
Re: 2022-2023 Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies
August 20, 2024

Page 2 ends

training recommendation routinely. Positive reinforcement-based discipline and consistency in program training are key to reducing stress levels on the canines while maintaining the necessary high level of obedience required in law enforcement.

Finding 2 – “While there is a retirement plan for the Patrol Officers, there is no standard Canine Officers retirement plan available. This leaves the canine handler to cover all medical costs which may include injuries that occurred while in service.”

Recommendation 2 – “Provide all retired Canine Officers with medical insurance coverage at time of retirement, similar to that of the Patrol Officers. Medical coverage must cover both the scheduled routine medical issues and emergency medical services if ever needed. A meal allowance must also be in place for all retired Canine Officers.

Create a standardized procedure in place for handling of retired Canine Officers until end of life.

In the placement of a retiring Canine Officer the current handler should be given first choice. In the event that they cannot take on that role, there needs to be a process in place for continued care.”

Council and City’s Response – Upon retirement, the assigned officer is provided the opportunity to purchase the canine from the city for a symbolic $1.00. This includes a sales contract officially transferring ownership of the animal to the officer, allowing it to live out its retirement years in a family environment. This is a well-earned benefit for their years of service. In that contract, the new owner assumes all liability for the canine’s behavior and medical expenses. While under no obligation to purchase the canine, no handler has ever chosen to not keep their canine partner in retirement.

Controlling costs within the canine program is essential to its continued success. Officers at the Fairfield Police Department currently have no city-provided medical insurance provided by the city contrary to this finding. Upon retirement, some canine’s pre-existing medical conditions have been covered by the city. However, covering the lifetime expenses of all the retired canines may prove to be cost-prohibitive, particularly when the number of retired canines can exceed the active canines owned by the city.

Finding 3 – “Not all law enforcement agencies within the county have Canine Officers. The law enforcement agencies that do, see multiple benefits of having the Canine Officers on staff. In some cases, an increase in non-confrontational apprehensions is as much as ten times over those of a non-Canine Team.”

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Letter to Honorable Wendy G. Getty
Re: 2022-2023 Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies
August 20, 2024

Page 3 ends

Recommendation 3 – “Increase Canine Officer staffing throughout the County. All law enforcement agencies should have at least one Canine Officer per shift. For the larger agencies, more Canine Officers may be needed to cover all needed situations and areas. Canine Officer/population ratio should be at least one Canine Officer per 15,000 population.”

Council and City’s Response – The Fairfield Police Department largely agrees with the recommendation on this finding, provided those smaller agencies commit to the necessary training, funding, and oversight expected by industry standards, POST guidelines , and current or future legislation. Basing the number of canines deployed by a department on population, while ignoring the deployment rates, could result in an unnecessarily large canine program that is not justified by budgets or needs. A neglected or resource-starved canine program can have detrimental effects on those departments or the public they serve.

Finding 4 – “There are only a few Peer Support Canines available to assist in emotional and behavioral support within a few agencies. Peer Support Canines play an important role in monitoring and recognizing the emotional and behavioral needs within high stress events and are able to soothe and support through their calming and caring personalities.”

Recommendation 4 – “Increase Peer Support Canine staffing. All law enforcement agencies need to have at least one Peer Support Canine per shift.”

Council and City’s Response – The Fairfield Police Department concurs with this finding as well.

The department currently deploys two Peer Support canines at two separate locations.

Finding 5 – “Canine activity and incident tracking throughout the county differs between agencies. Although being tracked, the agencies have adopted their own manner of tracking and documenting. This allows the media to exploit only the rare aggressive activities with little exposure to the positive side of the Canine Officer’s contribution.”

Recommendation 5 – “Activity and incident tracking within the county for Canine Teams need to be consistent. Have Canine Team activity reports readily available to the public.”

Council and City’s Response – The tracking of canine activity has become an industry standard with several software vendors providing robust programs to track nearly every aspect of the canine’s usage. While tracking consistency is viable, one size does not fit all when it comes to department budgets and cultures within an agency.

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Letter to Honorable Wendy G. Getty
Re: 2022-2023 Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies
August 20, 2024

Page 4 ends

Consistency in the tracking data itself should be the goal within every police department. Every agency should be thoroughly familiar with their data and how to produce it publicly. Fairfield Police Department employs a crime analyst and a designated K9 coordinator, both of whom are completely versed in the data and activities of the canine program. This allows the department to respond to any media inquiry, report, or Public Records Act request with timely and accurate information.

Finding 6 – “Canine Officers no longer engage in crowd control, as having canines in large crowds over stressed the Canine Officer, causing confusion.”

Recommendation 6 – “Continue using the Canine Officers only in patrol, detection and search and rescue.”

Council and City’s Response – The Fairfield Police Department does not use canines for crowd control and concurs with the recommendation for continued use in patrol, detection, search, and rescue, along with additional uses that may be found to be reasonable and promote public safety.

Please let me know if you have any questions.

Sincerely,

DAVID J. GASSAWAY
City Manager

Attachment 1: Solano County Grand Jury letter dated June 18, 2024 Attachment 2: Solano County Civil Grand Jury: 2023-2024 Solano County Canine Officer Training Handling & End of Career Policies

cc: City Council
Dan Marshall, Police Chief
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June 18, 2024

Sent via email

Dan Marshall, Chief
City of Fairfield Police Department
1000 Webster Street
Fairfield, CA 94533

RE: 2023-2024 Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies

Enclosed please find a copy of the above named report by the 2023-2024 Solano County Grand Jury. This report is provided to you in advance of public release as provided for in Penal Code §933.05(f). Please note that Penal Code §933.05(f) specifically prohibits any disclosure of the contents of this report by a public agency, its departments, officers or governing body prior to its release to the public, which will occur on Friday, June 21, 2024.

You are required to respond in writing to the Presiding Judge and to provide an electronic copy in pdf form to the Grand Jury regarding the Findings and Recommendations contained in the report pursuant to Penal Code §933.05. This section of the Penal Code is very specific as to the format of the responses. The Penal Code §933 (c) is also specific about the deadline for responses. You are required to submit your response to the Grand Jury by Wednesday, September 18, 2024, on signed letterhead. Each final report, together with the required responses will be filed with the clerk of the court and forwarded to the State Archivist for retention in perpetuity §933 (b). If no response is received from the agencies or elected officials a notation will be included on the filed report.

The electronic copy should be sent to the Grand Jury office at [email protected].

Responses are public records. Should you have any questions, please contact Cheryl Clower, Administrative Assistant to the Grand Jury at (707) 435-2575.

Sincerely,

Wayne B. Goodman, Foreperson
2023-24Solano County Civil Grand Jury

WBG/cdc
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2023-2024

Solano County Canine Officer Training,
Handling & End of Career Policies

June 21, 2024
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Solano County Canine Training,
Handling & End of Career Policies
Solano County Civil Grand Jury 2023-2024

I. SUMMARY

Many are led to believe that canines used in law enforcement are overly aggressive and out of control. That is not true.

The Solano County Civil Grand Jury (SCCGJ)’s in-depth investigation contradicted what the media has portrayed. The Jury found the duties for canines working in law enforcement are widespread and extremely valuable to law enforcement agencies.

The Jury undertook an investigation of the Canine Officers training and handling policies and procedures. In the past, pre-deployment training practices by vendors had been aggressively harsh and overly demanding. National attention on canine training and handling by patrol officers has been portrayed as overly aggressive.

Both pre- and post-deployment training, along with proper handling, is critical to the day-to-day care of Canine Officers.

The Jury reviewed overall canine usage and staffing with all law enforcement agencies throughout the county.

II. INTRODUCTION

Solano County’s Civil Grand Jury investigation on canine activity and duties contradicted much of what the media presents. Canine training has been updated to a positive reinforcement training curriculum with improved results. Apprehensions are much higher with a canine unit than those without canines. The Grand Jury received information indicating that apprehensions were as much as ten times greater with an officer / canine team than without. In many cases, the canine officer was never deployed, but being on-site deterred the suspect through intimidation.

An in-depth review of Canine Officer’s career policies throughout Solano County included:

• Breeds
• Initial canine training
• Handler training
• Canine responsibilities
• Training within specialty areas/services
• Monthly training
• Medical care
• Canine monthly/annual activity statistics
• Canine apprehension rates
• End of career handling

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III. STATEMENT OF FACTS

The phrase “Canine Officer” used in this report, refers to the County’s well-trained canines. The phrase “Handler” refers to the sworn human officer who works with the Canine Officer on a day- to-day basis as the other half of a well-trained team. “Canine Team” refers to a Canine Officer and its Handler. The phrase “Peer Support Canines” refers to canines who have been trained to identify emotional and behavioral situations.

Solano County Canine Officers activity “annualized:”

Detection refers to using the canines for searching narcotics, explosives, firearms, or articles recently discarded.

• Detection
o Canine Officer Deployments 1,475
o Search Areas 188
o Alerts / Indications 57
o Seizure Incidents 72

Patrol refers to using the canines to search for a person.

• Patrol
o Canine Officer Deployments 1,567
o People Found 179
o Apprehensions with Bites 11 (less than 1%)

Less than one percent of the apprehensions with a Canine Team is a takedown with bites.

Canine Team apprehension rates show they are up to ten times higher than that of non-Canine Officers. It was stated that many perpetrators are intimidated and surrender due to the presence of a Canine Officer.

Canine pre-deployment training has generally been through a third party outside of the law enforcement agency. In the past, pre-deployment training practices had been a harsh environment for the canine. Occasionally severe discipline was used to train the canines, causing a high level of stress during and after the training period.

Pre- and post-deployment training practices have shifted from negative, harsh, and forceful training to more positive reinforcement with improved results.

Male canines tend to be bigger and stronger than females, making them a better fit to the needs of the agencies.

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Countywide
• 24 Canine Officers and Peer Support Canines are all male dogs. o Canine Officers
 10 (41%) - Belgian Malinois
 6 (25%) - German Shepherd
 4 (17%) - Dutch Shepherd
o Peer Support Canines
 4 (17%) - Labrador Retriever

Many of the Canine Officers have been trained in dual roles such as standardized patrol service and apprehension, narcotic detection, explosives, search and rescue, specialized detection, and cadaver detection.

Canine Teams are trained to protect the public as well as each other. When needed the Handler can release the Canine Officer from the car with a belt mounted door button. This enables the Canine Officer to deploy and locate their Handler to provide aid.

41%
17%
25%
17%
Solano County -Canine Breeds
Belgian Malinois
Labrador Retriever
German Shepherd
Dutch Shepherd

o Eight Agencies:
 Benicia Police Department
 Dixon Police Department
 Fairfield Police Department
 Rio Vista Police Department
 Solano County Sheriff ‘s Department
 Suisun City Police Department
 Vacaville Police Department
 Vallejo Police Department

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Solano County Sheriff’s Department
• Canine Officer # 1 – 4 years old Belgian Malinois
• Canine Officer # 2 – 6 years old Belgian Malinois
• Canine Officer # 3 – 4 years old Belgian Malinois
• Canine Officer # 4 – 3 years old Belgian Malinois
• Canine Officer # 5 – 2 years old Belgian Malinois
• Canine Officer # 6 – 2 years old Dutch Shepherd
• Peer Support Canine # 7 – 6 years old Labrador Retriever

Benicia Police Department
• Canine Officer # 1 – 5 years old Belgian Malinois

Dixon Police Department
• Canine Officer # 1 – 4 years old Belgian Malinois

Fairfield Police Department
• Canine Officer # 1 – 3 years old German Shepherd
• Canine Officer # 2 – 2 years old Dutch Shepherd
• Canine Officer # 3 – 9 years old German Shepherd
• Canine Officer # 4 – 2 years old German Shepherd
• Peer Support Canine # 5 – 2 years old Yellow Labrador Retriever • Peer Support Canine # 6 – 2 years old Black Labrador Retriever

Rio Vista Police Department
• Canine Officer # 1 – 2 years old Dutch Shepherd

Suisun City Police Department
• Currently no Canine Officers nor Peer Support Canines

Vacaville Police Department
• Canine Officer # 1 – 3 years old Dutch Shepherd
• Canine Officer # 2 – 3 years old Belgian Malinois
• Canine Officer # 3 – 2 years old Belgian Malinois
• Peer Support Canine # 4 – 2 years old Labrador Retriever

Vallejo Police Department
• Canine Officer # 1 – 4 years old Belgian Malinois
• Canine Officer # 2 – 1 year old German Shepherd
• Canine Officer # 3 – 6 years old German Shepherd
• Canine Officer # 4 – 7 years old German Shepherd

Solano County Population % of the County Canines / Population • City of Benicia 26,819 5.9% 1 Canine per 26,819
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• City of Dixon 18,974 4.2% 1 Canine per 18,974
• City of Fairfield 119,706 26.5% 1 Canine per 19,951 • City of Rio Vista 10,533 2.3% 1 Canine per 10,533 • City of Suisun City 29,165 6.5% N/A
• City of Vallejo 124,886 27.6% 1 Canine per 24,977
• City of Vacaville 103,078 22.9% 1 Canine per 51,539 • Unincorporated Areas 18,556 4.1% N/A
o (Elmira & Birds Landing)

• Solano County 451,716 100.0% 1 Canine per 19,640

Canine Officers are no longer used for crowd control. Canines are directed by their handlers generally with a single task and/or direction.

Peer Support Canines have been trained to identify emotional and behavioral situations. They have the ability to respond to the emotional needs of individuals with their caring nature or a simple wag of their tail. Peer Support Canine acquisition in many cases come from the local SPCA and/or animal shelters. Many are rescue canines being placed back into society with a purpose to serve the public.

Canine support training is currently taking place at California Medical Facility (CMF) and California State Prison (CSP).

Inmates working through their rehabilitation to reenter society are currently training canines for several public and emotional service needs.

Every department or agency has a form of reporting of canine activity, we found a lack of consistency throughout Solano County. We also found very little visibility to the public.

As the Canine Officers and Peer Support Canines age and retire from service, retirement benefits are lacking to cover the cost of canine health care and much of their day-to-day handling cost.

Much of this cost becomes the current handler’s responsibility. This is in contrast to human sworn officers whose retirement benefits include health care.

IV. FINDINGS AND RECOMMENDATIONS

FINDING 1 – On-going in-service training with canines and canine handlers is currently taking place, but not consistent across all agencies throughout the County. Canine pre-deployment training has generally been through a third party outside of the law enforcement agency. In the past, pre-deployment training practices had been a harsh environment for the canine.

Occasionally severe discipline was used to train the canine causing the canine a high level of stress during and after the training period.

RECOMMENDATION 1 – Use an outside agency for pre-deployment training only if the training facility and trainers are adhering to Peace Officer Standards and Training (POST) training Packet Page 25 of 198Attachment 4 Page 6 of 11

FINAL 240621 Canine Training Handling and End of Career - 7 -

practices with positive reinforcement. For on-going in-service training, continue monthly training of the canine team through positive reinforcement. Train for a minimum of 16 hours a month, or 192 hours annually on current skills and new techniques. Elements of the training techniques should be made available to the public.

FINDING 2 – While there is a retirement plan for the Patrol Officers, there is no standard Canine Officers retirement plan available. This leaves the canine handler to cover all medical costs which may include injuries that occurred while in service.

RECOMMENDATION 2 – Provide all retired Canine Officers with medical insurance coverage at time of retirement, similar to that of the Patrol Officers. Medical coverage must cover both the scheduled routine medical issues and emergency medical services if ever needed. A meal allowance must also be in place for all retired Canine Officers.

Create a standardized procedure in place for handling of retired Canine Officers until end of life.

FINDING 3 – Not all law enforcement agencies within the county have Canine Officers. The law enforcement agencies that do, see multiple benefits of having the Canine Officers on staff. In some cases, an increase in non-confrontational apprehensions is as much as ten times over those of a non-Canine Team.

RECOMMENDATION 3 –
Increase Canine Officer staffing throughout the County. All law enforcement agencies should have at least one Canine Officer per shift. For the larger agencies, more Canine Officers may be needed to cover all needed situations and areas. Canine Officer/population ratio should be at least one Canine Officer per 15,000 population.

FINDING 4 – There are only a few Peer Support Canines available to assist in emotional and behavioral support within a few agencies. Peer Support Canines play an important role in monitoring and recognizing the emotional and behavioral needs within high stress events and are able to soothe and support through their calming and caring personalities.

RECOMMENDATION 4 –
Increase Peer Support Canine staffing. All law enforcement agencies need to have at least one Peer Support Canine per shift.

FINDING 5 – Canine activity and incident tracking throughout the county differs between agencies. Although being tracked, the agencies have adopted their own manner of tracking and documenting. This allows the media to exploit only the rare aggressive activities with little exposure to the positive side of the Canine Officer’s contribution.

RECOMMENDATION 5 – Activity and incident tracking within the county for Canine Teams need to be consistent. Have Canine Team activity reports readily available to the public.

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FINDING 6 – Canine Officers no longer engage in crowd control, as having canines in large crowds over stressed the Canine Officer, causing confusion.

RECOMMENDATION 6 – Continue using the Canine Officers only in patrol, detection and search and rescue.

COMMENTS
Solano County’s Civil Grand Jury investigation on canine activity and duties contradicted much of what the media is presenting. Canine training has been updated from past years to a positive reinforcement training curriculum with improved results. Apprehensions are much higher with a canine team than without. Data shows as much as ten times more apprehensions with a Canine Team than without. In many cases, the Canine Officer was never deployed, but being on site deterred the suspect through intimidation.

We applaud the use of Brady’s K-9 Fund or similar agencies and grants to support Canine Officers’ needs, both while in-service and retired.

REQUIRED RESPONSES
Solano County Board of Supervisors Findings 1-6
Solano County Sheriff Findings 1-6
Chief of Police
City of Benicia Findings 1-6
City of Dixon Findings 1-6
City of Fairfield Findings 1-6
City of Rio Vista Findings 1-6
City of Suisun City Findings 1-6
City of Vacaville Findings 1-6
City of Vallejo Findings 1-6
City Council
City of Benicia Findings 1-6
City of Dixon Findings 1-6
City of Fairfield Findings 1-6
City of Rio Vista Findings 1-6
City of Suisun City Findings 1-6
City of Vacaville Findings 1-6
City of Vallejo Findings 1-6

COURTESY COPIES

Congressman
John Garamendi
Mike Thompson
State Senators
Dave Min
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Brian Dahle
State Assemblymembers 1021 O Street Sacramento, CA 95814 Alex Lee Suite # 6330
Ash Kalra Suite # 4610
Corey Jackson Suite # 6120
Isaac Bryan Suite # 5360
Robert Rivas Suite # 8330
Solano County Assemblymember
Lori D. Wilson

V. METHODOLOGY

• Data received from the following agencies.
o Benicia Police Department
o Brady’s K9 Fund
o Brian Peterson @ All Duty Canine
o Dixon Police Department
o Fairfield Police Department
o Fairfield Police Department – 2022 Annual Report
o Fairfield PD Gets a Therapy Dog – The Reporter – August 25, 2022 o Rio Vista Police Department
o Solano County Sheriff Department
o Suisun City Police Department
o Therapy Dog Playing Roles – Fox 11 – July 1, 2022
o Vacaville Police Department
o Vallejo Police Department
o 2021 U.S. Census
o Capital Weekly – April 30, 2023
o Assemblymember’s Home Page
o The Reporter – Cort Retires - March 8, 2024

VI. ATTACHMENT
Vacaville “The Reporter” March 8, 2024

Fairfield PD’s K-9 Cort retires from service.

Fairfield Police Department Sergeant Michael Pena with K-9 Cort, along with Fairfield Mayor Catherine Moy and his family during the Fairfield City Council meeting March 5 after a proclamation was issued declaring the day "Cort Day" upon recognition of K-9 Cort's retirement.

With nearly nine years of dedicated service under his collar, Fairfield Police Department K-9 Cort has retired from law enforcement.
“Cort quickly became a favorite around the department and community,” said Jennifer Brantley, Public Information Officer for the Fairfield PD. “With his friendly personality he was always up for socializing during public demonstrations or just greeting fellow Packet Page 28 of 198Attachment 4 Page 9 of 11

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employees around the department. Even though he had this soft playful side to him, he would quickly change and get down to business if commands were given by Sergeant Pena.”
According to Fairfield PD officials, Cort – born as Malínského Statku – was born on March 10, 2014, in the Czech Republic and came to the Bay Area in March of 2015 to be tested by the department. He was then paired with Sgt. Mike Pena one week before his first birthday and together, they went to a one-month basic K-9 handler school where they learned how to work as a team in both obedience and apprehension work.

While Cort demonstrated excellent work ethic during his lengthy career, Pena recalls the young pup beginning to test his handler’s patience back at handler school. “At times during the training Cort would decide that he needed a well-deserved break,” said Fairfield PD officials during an awards ceremony held Feb. 28. “He would take off running from Sgt. Pena and head down to the waterfront to chase the ducks around while completely ignoring commands to come back.”
Still, Cort was a great learner and he and Sgt. Pena then attended a six-week explosive detection school, a two-week tracking and trailing school, one-week SWAT K-9 school, and one-week advanced patrol tactics school.

After completing patrol tactics school, Sgt. Pena and Cort would go on to receive additional training in other specialized areas to include tracking, explosives, and SKIDDS – specialized training for K-9s to be deploy with the SWAT Team. In 2016, Cort also became the department’s first K-9 to become certified in detecting explosives, according to officials.
“Once the initial certifications were complete, that unbreakable K-9 and handler bond began to form between this team,” said department officials.

During Cort’s nearly nine years of service, Fairfield PD officials said the K-9 achieved several impressive accomplishments, including over 2800 training hours; 433 field deployments; 35 suspect apprehensions; over 90 suspect surrenders; multiple activations with SWAT; and over 650 events.
“Over the last several years Cort has exemplified the unwavering loyalty, bravery, and dedication that police dogs bring to law enforcement,” said officials.

Unfortunately, some of Cort’s deployments came with serious consequences.

In January 2019, Cort was searching a heavily brushed creek bed for a wanted violent criminal. After Cort and Sgt. Pena were ambushed, Cort was still able to locate and apprehended the suspect but was stabbed multiple times during the process. At the time of the incident, Peña credited Cort with saving his life by demonstrating bravery, while subduing the assailant despite his injuries.

Then in February 2020, Fairfield SWAT surrounded a home after a male severely beat a woman in a home the night before.
“A standoff lasted nearly six hours, so Cort was deployed to search for the now concealed suspect, quickly locating him hiding in the garage,” read the proclamation.” During the apprehension, Cort suffered a serious through and through laceration to his paw.

In 2022, Cort was deployed into a residence to search for a suspect who broke into a citizen’s home. During the search, Cort apprehended the suspect, and, in the process, he was bitten in the face and stabbed again. Despite being injured, Cort continued to engage Packet Page 29 of 198Attachment 4 Page 10 of 11

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the suspect until officers were able to complete the arrest. For Cort’s actions, he was the first Fairfield Police K-9 to receive the purple heart medal.

According to officials, K-9 Cort has also assisted neighboring agencies in searching for violent criminals, including conducting yard to yard searches in the City of Davis for Davis Police Officer Natalie Corona’s killer, completing explosive detection searches for visiting presidential candidates, and assisting in dozens of SWAT operations. “While searching for a parolee at large, K-9 Cort was deployed along with police officers to search a residence,” said Moy. “Cort pushed through a partially open bedroom door, deploying a booby trap from above, which due to his quick movements, he avoided injury and therefore, protected officers from injury.”
In addition to being honored by Fairfield Police Department officials during their 2023 awards ceremony Feb. 28, Cort was also recognized by the Fairfield City Council March 5 when Mayor Catherine Moy presented a proclamation declaring that day as “Cort Day” in Fairfield, to celebrate the many accomplishments that this police dog attained while wishing him a very well-deserved retirement.
“Cort’s career is a story of resilience,” said Moy. “Reaching a well-deserved retirement, K-9 Cort now spends most of his time relaxing poolside, socializing with his companion Riley and Officer Peña’s wife and three children. Although his presence in the Fairfield community is ending, the memory of his life of service to this community will last for years to come.”
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Agenda Item No: 4.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024215 of the City Council of the City of Fairfield Approving the Purchase of Asset Management Software From Ivanti, Inc.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Information Technology (IT) Department seeks approval to contract with Ivanti, Inc. to renew the IT work order, helpdesk ticketing, imaging and asset management software.

DISCUSSION
In 2021, the IT Department implemented Ivanti for Helpdesk management, imaging, asset tracking, and IT work order system to provide additional unified automated functionality to support the City's goal to modernize internal business processes.

Ivanti’s system allows zerotouch desktop and application deployment, bringing efficiencies to support limited staff, implement unified automation, and connect history and records in a sustainable single location. Ivanti also provides reporting and visibility to inform executive staff. IT is also exploring the possibility of utilizing Ivanti contract management, which may reduce costs in other areas.

FINANCIAL IMPACT
The proposed costs are $108,891.17, which includes ongoing maintenance, support, and technical consulting services for the period of October 1, 2024 to December 9, 2025. The IT Department seeks approval to autorenew for up to three additional oneyear terms with an annual percentage increase not to exceed 10% per year. The total with initial term plus three additional years through December 2028, renewal will be a maximum of $505,364. There is sufficient budget for this purchase in the Computer Fund Project OITENLICOP.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
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Agenda Item No: 4.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024215 of the City Council of the City of Fairfield Approving the Purchaseof Asset Management Software From Ivanti, Inc.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Information Technology (IT) Department seeks approval to contract with Ivanti, Inc. to renew the ITwork order, helpdesk ticketing, imaging and asset management software.DISCUSSIONIn 2021, the IT Department implemented Ivanti for Helpdesk management, imaging, asset tracking, andIT work order system to provide additional unified automated functionality to support the City's goal tomodernize internal business processes.Ivanti’s system allows zerotouch desktop and application deployment, bringing efficiencies to supportlimited staff, implement unified automation, and connect history and records in a sustainable singlelocation. Ivanti also provides reporting and visibility to inform executive staff. IT is also exploring thepossibility of utilizing Ivanti contract management, which may reduce costs in other areas.FINANCIAL IMPACTThe proposed costs are $108,891.17, which includes ongoing maintenance, support, and technicalconsulting services for the period of October 1, 2024 to December 9, 2025. The IT Department seeksapproval to autorenew for up to three additional oneyear terms with an annual percentage increase notto exceed 10% per year. The total with initial term plus three additional years through December 2028,renewal will be a maximum of $505,364. There is sufficient budget for this purchase in the ComputerFund Project OITENLICOP.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the resolution. If not approved, the City would not be able to use the Helpdesk system, which would be a significant disruption to business operations.

STAFF CONTACT
Peter Perez, IT Manager
(707) 4287541
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Quote
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/19/2024 9:50 PM
Beavers, Esther Approved 8/20/2024 10:40 AM
Beavers, Esther Approved 8/20/2024 10:43 AM
Packet Page 32 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-215

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PURCHASE OF ASSET MANAGEMENT SOFTWARE FROM IVANTI, INC.

WHEREAS, the City currently uses asset management software from Ivanti, Inc.; and

WHEREAS, the renewals for the various modules of the asset management software and technical consulting are from the same vendor and currently set to expire across different dates beginning October 1, 2024, and requires annual support and maintenance renewal; and

WHEREAS, the City seeks to maintain the current asset management system, which allows zero- touch desktop and application deployment, bringing efficiencies to support limited staff, implement unified automation, and connect history and records in a sustainable single location; and

WHEREAS, the City seeks to renew and co-terminate the annual support for Ivanti’s asset management software from October 1, 2024, to December 9, 2025.

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

Section 1. The City Council authorizes the purchase of asset management software for $108,891.17 from the Computer Fund Project OITENLICOP.

Section 2. The council approves future annual renewals for the next three years, extending through December 8, 2028, with a price adjustment of no more than a 10% increase per year, subject to budget appropriation. The total with the initial term plus three additional years through the December 2028 renewal would be up to $505,364.

Section 3. The city manager or designee is authorized to do all things necessary to implement this resolution and to execute this purchase.

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RES. NO. 2024-215

Page 2 ends

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 34 of 198Attachment 1 Page 2 of 2

Packet Page 35 of 198Attachment 2 Page 1 of 2

Packet Page 36 of 198Attachment 2 Page 2 of 2

Agenda Item No: 5.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024216 of the City Council of the City of Fairfield Accepting the Improvements for the Villages at Fairfield – Clay Bank Road South as Complete RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the improvements for the Villages at Fairfield – Clay Bank Road South as complete.

DISCUSSION
Rancho Tolenas Corp. (Developer) has completed all the required widening improvements at Clay Bank Road between Horizon Circle and Cement Hill Road in accordance with the improvement agreement approved by City Council on March 3, 2020, by Resolution No. 202033. The improvements added an additional lane, a center median, sidewalk, drainage, and landscape and lighting improvements along the corridor.

Staff has inspected the improvements, and the roadway was open to vehicular traffic in September 2021. Staff found the improvements were completed in accordance with City standards and the requirements of the improvement agreement.

FINANCIAL IMPACT
Acceptance of the public improvements by council will obligate the City to maintain the public improvements. Maintenance costs for the public improvements will be through the General Fund (Fund 101).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Packet Page 37 of 198

Agenda Item No: 5.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024216 of the City Council of the City of Fairfield Accepting theImprovements for the Villages at Fairfield – Clay Bank Road South as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the improvements for the Villages at Fairfield – Clay BankRoad South as complete.DISCUSSIONRancho Tolenas Corp. (Developer) has completed all the required widening improvements at ClayBank Road between Horizon Circle and Cement Hill Road in accordance with the improvementagreement approved by City Council on March 3, 2020, by Resolution No. 202033. The improvementsadded an additional lane, a center median, sidewalk, drainage, and landscape and lightingimprovements along the corridor. Staff has inspected the improvements, and the roadway was open to vehicular traffic in September2021. Staff found the improvements were completed in accordance with City standards and therequirements of the improvement agreement.FINANCIAL IMPACTAcceptance of the public improvements by council will obligate the City to maintain the publicimprovements. Maintenance costs for the public improvements will be through the General Fund (Fund101).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary additional information.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/19/2024 8:07 PM
Chaudhary, Savita Approved 8/19/2024 9:51 PM
Beavers, Esther Approved 8/20/2024 10:49 AM
Beavers, Esther Approved 8/20/2024 10:49 AM
Packet Page 38 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-216

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE IMPROVEMENTS FOR THE VILLAGES AT FAIRFIELD – CLAY BANK ROAD SOUTH AS COMPLETE

WHEREAS, the City Council approved an Improvement Agreement with Rancho Tolenas Corp. (Developer) for the required improvements for the Villages at Fairfield – Clay Bank Road South on March 3, 2020, by Resolution No. 2020-33; and

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

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

Section 1. The City hereby accepts the improvements as complete pursuant to the agreement between the City and the Developer, approved by the council on March 3, 2020.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 39 of 198Attachment 1 Page 1 of 1

Agenda Item No: 6.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024217 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Green Valley III Apartments) to Community Facilities District No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 69 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the attached resolution will begin the proceedings for the annexation of certain property, known as Green Valley III Apartments, to Community Facilities District 20122 (CFD 20122 or District).

CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

DISCUSSION
By Resolution No. 2012 233, the City Council established CFD 2012 2, a Mello Roos community facilities district, with the intention that future development within the City of Fairfield would annex to this District. The special taxes collected from the property owners within the District are used to fund public safety services, open space operation, and park maintenance.

The property proposed for annexation is owned by Green Valley III Apartments, LLC and is located northeast of Green Valley Road and northwest of Business Center Drive within the boundary of assessor’s parcel number (APN) 0148540350, as depicted on Exhibit A. The development on the property will be a 185unit MultiFamily Residential 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 2012 2.

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

Packet Page 40 of 198

The council declared its intention to annex this property to CFD 20122 on June 4, 2024, with the adoption of Resolution 2024131. However, the annexation process was delayed at the developer’s request. Once the City clarified any special taxes under CFD 20122 would only be applied after the property is developed (specifically, following the issuance of a Certificate of Occupancy), the developer chose to resume the annexation process. Since the council took no further action and a public hearing regarding the annexation of this territory was not conducted in accordance with Government Code Section 53339, et al., the annexation process must be restarted.

Adoption of the Resolution of Intention is the first step to annex this property to CFD 2012 2. This will be the 69th annexation to the District. The resolution also establishes October 15, 2024, as the public hearing date for the final consideration of the annexation of the property to CFD 2012 2. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property beginning in fiscal year (FY) 20252026, as itemized on their property tax bill in accordance with the rate set forth in the CFD 2012 2 Rate and Method of Apportionment of Special Tax.

The CFD 2012 2 Rate and Method of Apportionment was established as part of the formation of the District and fixed FY 2012 2013 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, special taxes have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the special tax rate for the District for FY 20242025.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 2012 2 Fund 332) for this annexation is estimated to be $131,621.49, which is based on the FY 2024 2025 maximum special tax rate of $711.46 per unit for 185 units for a HighDensity Residential property. The CFD 2012 2 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the Developer and no general fund monies are used for this effort.

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

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Boundary Map
Attachment 3: Exhibit B Rate and Method of Apportionment of Special Tax Attachment 4: Exhibit C Maximum Special Tax Rate
Packet Page 41 of 198

Agenda Item No: 6.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024217 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Green Valley III Apartments) to Community Facilities District No. 20122and Authorizing the Levy of Special Taxes Therein for Annexation No. 69RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as Green Valley III Apartments, to Community Facilities District 20122 (CFD 20122 or District).CFD 20122 was established as an annexable district to provide funding to offset the increased cost forpublic safety services, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012 233, the City Council established CFD 2012 2, a Mello Roos communityfacilities district, with the intention that future development within the City of Fairfield would annex to thisDistrict. The special taxes collected from the property owners within the District are used to fund publicsafety services, open space operation, and park maintenance.The property proposed for annexation is owned by Green Valley III Apartments, LLC and is locatednortheast of Green Valley Road and northwest of Business Center Drive within the boundary ofassessor’s parcel number (APN) 0148540350, as depicted on Exhibit A. The development on theproperty will be a 185unit MultiFamily Residential development (Green Valley III Apartments).Development of this property will change the property’s characteristics and manner in which theproperty will be used, thereby creating a need for more services funded by CFD 2012 2.The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995, on an individual consultant services basis for each development requiringannexation into a Mello Roos community facilities district.The council declared its intention to annex this property to CFD 20122 on June 4, 2024, with theadoption of Resolution 2024131. However, the annexation process was delayed at the developer’srequest. Once the City clarified any special taxes under CFD 20122 would only be applied after theproperty is developed (specifically, following the issuance of a Certificate of Occupancy), the developerchose to resume the annexation process. Since the council took no further action and a public hearingregarding the annexation of this territory was not conducted in accordance with Government CodeSection 53339, et al., the annexation process must be restarted.Adoption of the Resolution of Intention is the first step to annex this property to CFD 2012 2. This will bethe 69th annexation to the District. The resolution also establishes October 15, 2024, as the publichearing date for the final consideration of the annexation of the property to CFD 2012 2. Once theannexation is complete, the property owners will be required to pay annual special taxes for the propertybeginning in fiscal year (FY) 20252026, as itemized on their property tax bill in accordance with therate set forth in the CFD 2012 2 Rate and Method of Apportionment of Special Tax.The CFD 2012 2 Rate and Method of Apportionment was established as part of the formation of theDistrict and fixed FY 2012 2013 as the base year for the annual special tax rate as shown in Exhibit B.Since the formation, special taxes have increased based on a cost inflator allowed in the originalformation documents. Exhibit C shows the special tax rate for the District for FY 20242025.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 2012 2 Fund 332) for this annexationis estimated to be $131,621.49, which is based on the FY 2024 2025 maximum special tax rate of$711.46 per unit for 185 units for a HighDensity Residential property. The CFD 2012 2 maximumspecial tax rates include an automatic annual consumer price index (CPI) adjustment. The process forthe annexation is funded by the Developer and no general fund monies are used for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions concerning the required annexation of this development, this item maybe rescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTValerie Standfill, Management Analyst(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Exhibit A Boundary Map Attachment 3: Exhibit B Rate and Method of Apportionment of Special Tax Attachment 4: Exhibit C Maximum Special Tax Rate
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/19/2024 8:13 PM
Chaudhary, Savita Approved 8/19/2024 9:52 PM
Beavers, Esther Approved 8/20/2024 10:51 AM
Beavers, Esther Approved 8/20/2024 10:52 AM
Packet Page 42 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-217

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO

ANNEX TERRITORY (GREEN VALLEY III APARTMENTS) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 69 WHEREAS, the City Council has conducted proceedings to establish Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and

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

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

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

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

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 24 of Maps of Assessment and Community Facilities Districts at page 87-100 in the Office of the County Recorder, County of Solano, State of California, to which map reference is hereby made, as well as the maps for Annexations 1 through 40 filed in Book 25 of Maps of Assessment and Community Facilities Districts at Pages 8, 12, 14, 19, 20, 31, 33, 34, 35, 38, 44, 45, 51, 53, 54, 57, 58, 59, 65, 64, 66, 68, 72, 73, 76, 77, 78, 79, 80, 81, 83, 84, 89, 90, 93, 94, 95, 96, 97 and 99 and the maps for Annexations 41 through 67 filed in Book 26 of Maps of Assessment and Community Facilities Districts at Pages 2, 4, 5, 6, 7, 13, 14, 15, 18, 23, 24, 25, 26, 34, 35, 40, 41, 42, 54, 55, 58, 66, 67, 85, 92, 95 and 98 and the map for Annexation 68 filed in Book 27 of Maps of Assessment and Community Facilities Districts at Page 2 which have been filed with the Solano County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 69 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 69 to the Packet Page 43 of 198Attachment 1 Page 1 of 3

RES. NO. 2024-217

Page 2 ends

CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Solano within 15 days of this resolution's adoption date.

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

Section 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B. The maximum special tax rate for the 2024-2025 fiscal year is described in Exhibit C. Both Exhibits are hereby incorporated by this reference.

Section 6. Notice is given that on October 15, 2024, at 6:00 p.m., in the regular meeting place of the council at the Council Chamber, located at 1000 Webster Street, Fairfield, California, the council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

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

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RES. NO. 2024-217

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PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 45 of 198Attachment 1 Page 3 of 3

Neitzel RdNebbioloCtMoscato CtBusiness Center DrGree n Valley RdANNEXATION MAP NO. 69 (GREEN VALLEY III APARTMENTS)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapG re e n V a lle y R d Cordelia RdI-80I-80SiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 69 (GREEN VALLEY IIIAPARTMENTS) OF COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARKMAINTENANCE), CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OFCALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITYOF FAIRFIELD AT A REGULAR MEETING, THEREOF, HELD ON THE____________ DAY OF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___,AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendAnnexation 69Map Reference Number11MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0148-540-350Packet Page 46 of 198Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

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

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

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

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

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Exhibit B

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

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

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

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

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

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

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

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

“City” means the City of Fairfield.

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

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

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

Packet Page 48 of 198Attachment 3 Page 2 of 10

Exhibit B

Page 3 ends

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

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

“County” means the County of Solano, California.

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

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

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

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

“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.
“Final Subdivision Map” means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 6610 et seq.), or recordation of a condominium plan pursuant to California Civil Code Section 1352, that creates individual lots for which building

Packet Page 49 of 198Attachment 3 Page 3 of 10

Exhibit B

Page 4 ends

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

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

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

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

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

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

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

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

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

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

Packet Page 50 of 198Attachment 3 Page 4 of 10

Exhibit B

Page 5 ends

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

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

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

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

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

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

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

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Exhibit B

Page 6 ends

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

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

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

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

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

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

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

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Exhibit B

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

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

“State” means the State of California.

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

“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Certificate of Occupancy has not been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the CFD Administrator. “Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

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

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Exhibit B

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C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
TABLE 1

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

Land Use Class
Description
Maximum Special Tax
1 Single-Family Residential $736.77 per Dwelling Unit
2 Multi-Family Residential $503.28 per Dwelling Unit

3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $489.68 per Dwelling Unit

5 Commercial $0.21 per gross square foot of
building floor area

6 Office $0.07 per gross square foot of
building floor area
7 Industrial $0.02 per net square foot of lot area

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

2. Exempt Property

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

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

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Exhibit B

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

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

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

E. APPEALS

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

F. MANNER OF COLLECTION

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

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Exhibit B

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G. TERM OF SPECIAL TAX

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

EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2024-2025

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $1,070.47 per Dwelling Unit 2 Multi-Family Residential $731.22 per Dwelling Unit

3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $711.46 per Dwelling Unit

5 Commercial $0.305 per gross square foot of
building floor area

6 Office $0.101 per gross square foot of
building floor area
7 Industrial $0.029 per net square foot of lot
area

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

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA)
Packet Page 56 of 198Attachment 3 Page 10 of 10

EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2024-2025

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $1,070.47 per Dwelling Unit 2 Multi-Family Residential $731.22 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $711.46 per Dwelling Unit

5 Commercial $0.305 per gross square foot of
building floor area

6 Office $0.101 per gross square foot of
building floor area

7 Industrial $0.029 per net square foot of lot
area

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA)
Packet Page 57 of 198Attachment 4 Page 1 of 1

Agenda Item No: 7.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024218 of the City Council of the City of Fairfield Accepting the Improvements for the Canon Station Planning Area 4 Vanden Road Landscape as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the landscape improvements for the Canon Station Planning Area 4 – Vanden Road Landscape as complete.

DISCUSSION
One Lake Holding, LLC. (Developer) has completed all the required landscape improvements in accordance with the improvement agreement approved by City Council on April 6, 2021, by Resolution No. 202165. Improvements included stamped concrete, a seat wall, and a monument sign on the southeast corner of the Peabody and Vanden Road intersection fronting the FairfieldVacaville Hannigan Train Station. Improvements also included streetscape improvements per the adopted Train Station Specific Plan, a corridor of trees within the road median and landscape parkways, shrubs, and plant groundcovers along Vanden Road.

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

FINANCIAL IMPACT
Acceptance of the public improvements by council will obligate the City to maintain the public improvements, which include landscape, irrigation, and related appurtenances within and along Vanden Road. Ongoing maintenance costs shall be funded by the Train Station Specific Plan Community Facilities District (CFD 20181).

Packet Page 58 of 198

Agenda Item No: 7.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024218 of the City Council of the City of Fairfield Accepting theImprovements for the Canon Station Planning Area 4 Vanden Road Landscape asCompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the landscape improvements for the Canon Station PlanningArea 4 – Vanden Road Landscape as complete.DISCUSSIONOne Lake Holding, LLC. (Developer) has completed all the required landscape improvements inaccordance with the improvement agreement approved by City Council on April 6, 2021, by ResolutionNo. 202165. Improvements included stamped concrete, a seat wall, and a monument sign on thesoutheast corner of the Peabody and Vanden Road intersection fronting the FairfieldVacavilleHannigan Train Station. Improvements also included streetscape improvements per the adopted TrainStation Specific Plan, a corridor of trees within the road median and landscape parkways, shrubs, andplant groundcovers along Vanden Road.Staff has inspected the landscape improvements and found them to be complete in accordance withCity standards and the requirements of the improvement agreement. The proposed resolution acceptsthe landscape improvements as being complete, except for the obligation of the Developer to repair orreconstruct defective work for a period of one year after final acceptance.FINANCIAL IMPACTAcceptance of the public improvements by council will obligate the City to maintain the publicimprovements, which include landscape, irrigation, and related appurtenances within and along VandenRoad. Ongoing maintenance costs shall be funded by the Train Station Specific Plan Community Facilities District (CFD 20181).

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

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/19/2024 8:06 PM
Chaudhary, Savita Approved 8/19/2024 9:51 PM
Beavers, Esther Approved 8/20/2024 10:48 AM
Beavers, Esther Approved 8/20/2024 10:48 AM
Packet Page 59 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-218

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE IMPROVEMENTS FOR THE CANON STATION PLANNING AREA 4 – VANDEN ROAD LANDSCAPE

AS COMPLETE

WHEREAS, the City Council approved an Improvement Agreement with One Lake Holding, LLC. (Developer) for the required landscape improvements for the Canon Station Planning Area 4 – Vanden Road Landscape on April 6, 2021, by Resolution No. 2021-65; and

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

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

Section 1. The City hereby accepts the landscape improvements as complete pursuant to the agreement between the City and the Developer, approved by the council on April 6, 2021.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 60 of 198Attachment 1 Page 1 of 1

Agenda Item No: 8.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024219 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Canon Station Planning Area 4 – Neighborhood 8 Subdivision as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the landscape improvements for the Canon Station Planning Area 4 – Neighborhood 8 Subdivision as complete.

DISCUSSION
One Lake Holding, LLC (Developer) has completed all the required landscape improvements at the subdivision in accordance with the landscape improvement agreement approved by City Council on July 20, 2021, by Resolution No. 2021187.

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

FINANCIAL IMPACT
This development is within the boundary of the Community Facilities District 20181, which will provide funding for the public safety services, lighting and landscape maintenance, and the operation and maintenance of open space areas, parks, and future cemetery. All landscaping will be maintained by either the Homeowner’s Association, various fronting property owners, or through the CFD funding.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
Packet Page 61 of 198

Agenda Item No: 8.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024219 of the City Council of the City of Fairfield Accepting theLandscape Improvements for the Canon Station Planning Area 4 – Neighborhood 8Subdivision as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the landscape improvements for the Canon Station PlanningArea 4 – Neighborhood 8 Subdivision as complete.DISCUSSIONOne Lake Holding, LLC (Developer) has completed all the required landscape improvements at thesubdivision in accordance with the landscape improvement agreement approved by City Council onJuly 20, 2021, by Resolution No. 2021187.Staff has inspected the landscape improvements and found them to be complete in accordance withCity standards and the requirements of the landscape improvement agreement. The proposedresolution accepts the landscape improvements as being complete, except for the obligation of theDeveloper to repair or reconstruct defective work for a period of one year after final acceptance.FINANCIAL IMPACTThis development is within the boundary of the Community Facilities District 20181, which will providefunding for the public safety services, lighting and landscape maintenance, and the operation andmaintenance of open space areas, parks, and future cemetery. All landscaping will be maintained byeither the Homeowner’s Association, various fronting property owners, or through the CFD funding.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION N/A
ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary additional information.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/19/2024 8:13 PM
Chaudhary, Savita Approved 8/19/2024 9:51 PM
Beavers, Esther Approved 8/20/2024 10:50 AM
Beavers, Esther Approved 8/20/2024 10:50 AM
Packet Page 62 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-219

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE LANDSCAPE IMPROVEMENTS FOR THE CANON STATION PLANNING AREA 4 – NEIGHBORHOOD 8 AS

COMPLETE

WHEREAS, the City Council approved a Landscape Improvement Agreement with One Lake Holding, LLC (Developer) for the required landscape improvements for the Canon Station Planning Area 4 – Neighborhood 8 on July 20, 2021, by Resolution No. 2021-187; and

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

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

Section 1. The City hereby accepts the landscape improvements as complete pursuant to the agreement between the City and the Developer, approved by the council on July 20, 2021.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 63 of 198Attachment 1 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024220 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Third Amendment to the Memorandum of Understanding by and Among the Cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and the Solano Transportation Authority for Intercity Taxi Card Program Services
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Staff seeks City Council approval to authorize the city manager to execute a third amendment to the Memorandum of Understanding (MOU) for Intercity Taxi Scrip Program, which enables current ambulatory and proposed nonambulatory Americans with Disabilities Act (ADA)eligible riders to travel between the cities in Solano County.

DISCUSSION
On July 12, 2013, the County of Solano, the five local transit agencies, and the Solano Transportation Authority (STA) entered into an MOU to fund Countywide taxibased intercity paratransit services. A separate MOU between the transit agencies and Taxi Operators was entered into for the operations of the program. The service provides trips from city to city for the current ambulatory and proposed non ambulatory ADAeligible riders and has been identified as an ADA Plus service.

STA staff reconciles the Transportation Development Act (TDA) allocations each year to ensure each jurisdiction is not over or under subscribed, and to facilitate the consideration of future contributions sustaining Phase 2 of the Intercity Taxi Card Program (nonambulatory service).

Based on the total usage for fiscal year (FY) 20222023, the proposed contribution for FY 20242025 reflects reduced contributions for the credited back claim amounts. The Solano County Intercity Taxi Card Program MOU extension will be modified to reflect the changes to the Solano County Intercity Taxi Card program based on the reconciliation. The general terms and conditions will remain the same.

Packet Page 64 of 198

Agenda Item No: 9.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024220 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Third Amendment to the Memorandum of Understanding by andAmong the Cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano CountyTransit, and the Solano Transportation Authority for Intercity Taxi Card ProgramServicesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEStaff seeks City Council approval to authorize the city manager to execute a third amendment to theMemorandum of Understanding (MOU) for Intercity Taxi Scrip Program, which enables currentambulatory and proposed nonambulatory Americans with Disabilities Act (ADA)eligible riders to travelbetween the cities in Solano County.DISCUSSIONOn July 12, 2013, the County of Solano, the five local transit agencies, and the Solano TransportationAuthority (STA) entered into an MOU to fund Countywide taxibased intercity paratransit services. Aseparate MOU between the transit agencies and Taxi Operators was entered into for the operations ofthe program. The service provides trips from city to city for the current ambulatory and proposed nonambulatory ADAeligible riders and has been identified as an ADA Plus service.STA staff reconciles the Transportation Development Act (TDA) allocations each year to ensure eachjurisdiction is not over or under subscribed, and to facilitate the consideration of future contributionssustaining Phase 2 of the Intercity Taxi Card Program (nonambulatory service).Based on the total usage for fiscal year (FY) 20222023, the proposed contribution for FY 20242025reflects reduced contributions for the credited back claim amounts. The Solano County Intercity TaxiCard Program MOU extension will be modified to reflect the changes to the Solano County Intercity Taxi Card program based on the reconciliation. The general terms and conditions will remain the same.

FINANCIAL IMPACT
There is no impact to the General Fund. All operating and capital expenses for FAST are supported using specific State and Federal transportation funding sources that can only be used for transit. TDA funds will be used to cover the estimated cost for FAST of $15,000 per year currently.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
On June 12, 2024, the STA Board approved staff’s recommendation to authorize the executive director to extend the amended the Solano County Intercity Taxi Card Program MOU between transit agencies, the County, and STA through June 30, 2027.

ALTERNATIVE ACTION
A decision not to approve the MOU would potentially render residents of Fairfield ineligible to participate in the program.

STAFF CONTACT
Shaun Vigil, Operations Manager Transit
(707) 4343807
[email protected]
COORDINATED WITH
Solano Transportation Authority
ATTACHMENTS:

Description
Proposed Resolution
Proposed Amendment
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 8/19/2024 8:11 PM
Chaudhary, Savita Approved 8/19/2024 9:52 PM
Beavers, Esther Approved 8/20/2024 10:50 AM
Beavers, Esther Approved 8/20/2024 10:51 AM
Packet Page 65 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-220

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

MANAGER TO EXECUTE A THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING

BY AND AMONG THE CITIES OF DIXON, FAIRFIELD, RIO VISTA, SUISUN CITY, VACAVILLE,

SOLANO COUNTY TRANSIT, AND THE SOLANO TRANSPORTATION AUTHORITY FOR INTERCITY

TAXI PROGRAM SERVICES

WHEREAS, the City of Fairfield seeks to continue participation in the Intercity Taxi Card Program for eligible ambulatory and non-ambulatory residents as outlined in the Memorandum of Understanding (MOU) for Intercity Taxi Card Program Services; and

WHEREAS, the City will provide up to $15,000 in Transportation Development Act monies to fund the City’s participation in the Intercity Taxi Card Program through June 30, 2025; and

WHEREAS, the Solano Transportation Authority (STA) will provide an additional $15,000 in matching funds allocated to eligible Fairfield participants through June 30, 2025.

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

Section 1. The city manager is hereby authorized and directed to execute the third amendment of the MOU by and among the cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and the STA for Intercity Taxi Card Program Services, substantially in the form attached, hereto.

Section 2. The director of public works and transportation manager are hereby authorized to do all things necessary and proper to implement the third amendment of the MOU.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: ___________________________________________________________ ABSENT: MEMBERS: ___________________________________________________________ ABSTAIN: MEMBERS: ___________________________________________________________

___________________________________________________________ MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 66 of 198Attachment 1 Page 1 of 1

1 3rd Amendment _ MOU Intercity Taxi Card Program Services 06 -2024

THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING BY AND AMONG

THE CITIES OF DIXON, FAIRFIELD, RIO VISTA, SUISUN CITY, VACAVILLE,

SOLANO COUNTY TRANSIT, AND THE SOLANO TRANSPORTATION AUTHORITY

FOR INTERCITY TAXI CARD PROGRAM SERVICES
This Third Amendment to Memorandum of Understanding Regarding Taxi Card Program (“Third Amendment”) is made and entered into as of this 30th day of June 2024 (“Effective Date”) by and among the municipal corporations of the CITY OF DIXON (“DIXON”), the CITY OF FAIRFIELD (“FAIRFIELD”), the CITY OF RIO VISTA (“RIO VISTA”), and the CITY OF VACAVILLE (“VACAVILLE”); the CITY OF SUISUN CITY (“SUISUN CITY”); the SOLANO TRANSPORTATION AUTHORITY (“STA”), a joint powers authority consisting of the cities of BENICIA, DIXON, FAIRFIELD, RIO VISTA, SUISUN CITY, VACAVILLE, VALLEJO, and the COUNTY; and, SOLANO COUNTY TRANSIT (“SOLTRANS”), a joint powers authority consisting of the cities of BENICIA and VALLEJO and the STA. Unless specifically identified, the various public agencies may be commonly referred to individually as “Party” or collectively as “Parties,” as the context may require.

RECITALS

WHEREAS, the Parties entered into a Memorandum of Understanding (“MOU”) on October 1, 2018 to provide contract-based intercity ADA- Plus paratransit services to eligible ambulatory and non-ambulatory residents (“SERVICE”), and to implement a new card system to replace the taxi paper scrip used in the previous MOU; and

WHEREAS, PART II, Section A, of the MOU provides for an option to extend the term of the Agreement for two (2) additional years upon approval of all Parties; and

WHEREAS, the Parties amended the MOU on June 30, 2020 to reflect the changes to the Solano County Intercity Taxi Card program based on reconciliation and extend the term through June 30, 2022 (“First Amendment”); and

WHEREAS, the City of Suisun City has separated its service from the City of Fairfield and will be making a direct contribution to the Intercity Taxi Card Program and therefore, desires to become a party to the MOU; and

WHEREAS, the Parties amended the MOU for a second amendment (“Second Amendment”) to extend the MOU to continue the program services and reflect the changes to the Solano County Intercity Taxi Card program based on reconciliation for fiscal year (FY) 2022-23 and to include the City of Suisun City as a contributing partner.

WHEREAS, the Parties desire to amend the MOU for a third time (“Third Amendment”) to extend the MOU to continue the program services and reflect the changes to the Solano County Intercity Taxi Card program based on reconciliation.

Packet Page 67 of 198Attachment 2 Page 1 of 4

2 3rd Amendment _ MOU Intercity Taxi Card Program Services 06 -2024

NOW, THEREFORE, in consideration of the foregoing recitals, the Parties hereby agree, as follows:

1. AGREEMENT

A. Roles and Responsibilities of the Parties.

Part I, Section A(6) and Sections B(5) and B(9) of the MOU are amended, in part, to reflect the proposed contribution amounts for Updated Solano Intercity Taxi Program Memorandum of Understanding (MOU) as outlined in Exhibit A-3 for Fiscal Year 2024-25.

B. Term.

Part II, Section A of the MOU is hereby deleted in its entirety and replaced with the following: This MOU shall be in effect from July 1, 2022 and continue through June 30, 2027.

2. PRIOR TERMS AND CONDITIONS

Except as specifically set forth in this Third Amendment, all terms and conditions of the initial MOU, shall remain in full force and effect and be binding upon all signatories listed below.

IN WITNESS WHEREOF, the Parties have caused this First Amendment to be effective as of the day first above written.

CITY OF DIXON

By: ___________________________
Jim Lindley, City Manager

APPROVED AS TO FORM

By: ___________________________
City Attorney

CITY OF FAIRFIELD

By: ___________________________
David Gassaway, City Manager

APPROVED AS TO FORM

By: ___________________________
City Attorney

CITY OF RIO VISTA

By: ___________________________
Kristina Miller, City Manager

APPROVED AS TO FORM

By: ___________________________
City Attorney

CITY OF SUISUN CITY

By: ___________________________
Bret Prebula, City Manager

APPROVED AS TO FORM

By: ___________________________
City Attorney

Packet Page 68 of 198Attachment 2 Page 2 of 4

3 3rd Amendment _ MOU Intercity Taxi Card Program Services 06 -2024

CITY OF VACAVILLE

By: ___________________________
Aaron Busch, City Manager

APPROVED AS TO FORM

By: ___________________________
City Attorney

SOLANO COUNTY TRANSIT

By: ___________________________
Beth Kranda, Executive Director

APPROVED AS TO FORM

By: ___________________________
Bernadette Curry, SolTrans Legal Counsel

SOLANO TRANSPORTATION AUTHORITY

By: ___________________________
Daryl K. Halls, Executive Director

APPROVED AS TO FORM

By: ___________________________
Megan J. Callaway, STA Legal Counsel

Packet Page 69 of 198Attachment 2 Page 3 of 4

4 3rd Amendment _ MOU Intercity Taxi Card Program Services 06 -2024

Exhibit A-3

Proposed Contribution Amounts for Updated Solano Intercity Taxi Program Memorandum of Understanding (MOU)*

FY 2024-25 Proposed Taxi Card TDA Funding
Agency
Reconciliation
from
FY 2022-23
Proposed
Contribution
for
FY 2024-25
Funds Available
(Adjustment +
Proposed
Contribution)
STA
Funding
Match
Total
Funding

Dixon ($9,650) $350 $10,000 $10,000 $20,000
City of Fairfield
(FAST)
($20,784) -$784 $15,000 $15,000 $30,000
Suisun City ($4,925) $5,075 $10,000 $10,000 $20,000
City of Rio Vista
(Delta Breeze)
($4,700) $300 $5,000 $5,000 $10,000
City of
Vacaville (City
Coach)
($44,860) $25,140 $70,000 $70,000 $140,000
City of Vallejo
and Benicia
(SolTrans)
($43,029) $41,972 $85,000 $85,000 $170,000
Solano County $195,000 $0
Total -$127,947 $72,053 $195,000 $390,000 $390,000

*To be updated reflecting any Operator Requested Changes

Packet Page 70 of 198Attachment 2 Page 4 of 4

Agenda Item No: 10.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024221 of the City Council of the City of Fairfield Authorizing the City Manager to Sign a Letter of Understanding with the Solano County Water Agency for a OneTime Transfer of 1,000 AcreFeet (NotToExceed 2,000 AcreFeet) of the Fairfield 2024 State Water Project Article 56 “Carryover” Water Supplies with Another State Water Contractor
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
City Council approval would authorize the city manager to sign a Letter of Understanding (LOU) between the City of Fairfield and the Solano County Water Agency (SCWA). The LOU contemplates a onetime transfer of 1,000 acrefeet (not to exceed 2,000) of Article 56 (carryover) water supplies between SCWA and another State Water Project contractor.

DISCUSSION
The City of Fairfield relies on two surface water sources in Lake Berryessa and the Delta. Water from Lake Berryessa, also referred to as Solano Project (SP), is derived from the Upper Putah Creek watershed and captured by Monticello Dam to form Lake Berryessa. Water from the Delta, also referred to as State Water Project (SWP), is derived from the Northern Sacramento River Valley watershed and captured by Oroville Dam to form Lake Oroville. The onetime transfer under consideration preserves all SP water supply entitlements totaling 27,000 acrefeet and is confined to SWP water supply entitlements.

Contracts for water supply are administered by SCWA, which acts as the wholesaler of raw water for both SP and SWP. SWP water supplies are delivered to the City of Fairfield through the North Bay Aqueduct (NBA), which is a component of the SWP. The agreement to receive SWP water supplied through the NBA into Solano County is held by the State and SCWA. The City of Fairfield has a member unit contract with SCWA to receive SWP water supplies, which are generally categorized as SWP allocations and carryover water supplies.

Packet Page 71 of 198

SWP allocations fluctuate from year to year and are based on hydrologic conditions in the Delta and storage levels within Lake Oroville. Carryover water supplies are derived from unused Table A quantities but cannot exceed half of the full Table A entitlement, which is 14,678 acrefeet. Carryover amounts reset to zero when the San Luis Reservoir spills, which last occurred in March 2023. As of June 2024, the remainder the City’s SWP Table A and carryover quantities exceeded 16,000 acrefeet.

In 2021, SCWA developed a water exchange and transfer policy (see Attachment 3) in conjunction with Solano County cities. The purpose of this policy was to formalize how SCWA had conducted water transfers and exchanges while protecting Solano County’s primary water sources. The central theme of the policy gives Solano County cities the first right of refusal for any transfers or exchanges before seeking buyers located outside the county. Similarly, to participate in a water transfer or exchange, all Solano County cities who receive SWP water supplies must unanimously agree to participate in the transaction. For the transaction being proposed, Solano County cities are proposing to offer 1,000 acrefeet (with an option of up to 2,000 acrefeet per city) at a proposed price of $250/acrefoot.

On August 8, 2024, the SCWA Board of Directors authorized their General Manager to sign LOUs with each Solano County member agency, which allows the pursuit of potential buyers for excess water.

When a buyer is confirmed, SCWA as the contract administrator must execute an agreement and seek approval from the Department of Water Resources (DWR). Upon approval by DWR, SCWA will conduct the water transfer to the buyer in accordance with their agreement.

In conclusion, the City of Fairfield has ample water supplies available for the remainder of 2024 and is well positioned to conduct a onetime transfer of 1,000 acrefeet (not to exceed 2,000 acrefeet). If the upcoming winter is above average, it is possible that any remainder of SWP carryover water will be lost as carryover resets to zero when San Luis Reservoir spills.

The last time the City of Fairfield participated in the sale of excess SWP water supply was 2018.

FINANCIAL IMPACT
The City’s Water Enterprise Fund would receive up to $250/acrefoot in revenue in fiscal year (FY) 20252026 if the LOU were approved and SCWA were able to execute the proposed onetime water transfer.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to authorize the city manager to sign the LOU. However, doing so will forgo receiving at least $250,000 to the City’s Water Enterprise Fund and risk losing any remainder of carryover if San Luis Reservoir spills in the upcoming winter.

STAFF CONTACT
Michael J. Hether, Assistant Director Public Works/Utilities (707) 4287493
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Packet Page 72 of 198

Agenda Item No: 10.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024221 of the City Council of the City of Fairfield Authorizing the CityManager to Sign a Letter of Understanding with the Solano County Water Agency for aOneTime Transfer of 1,000 AcreFeet (NotToExceed 2,000 AcreFeet) of the Fairfield2024 State Water Project Article 56 “Carryover” Water Supplies with Another StateWater ContractorRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity Council approval would authorize the city manager to sign a Letter of Understanding (LOU)between the City of Fairfield and the Solano County Water Agency (SCWA). The LOU contemplates aonetime transfer of 1,000 acrefeet (not to exceed 2,000) of Article 56 (carryover) water suppliesbetween SCWA and another State Water Project contractor.DISCUSSIONThe City of Fairfield relies on two surface water sources in Lake Berryessa and the Delta. Water fromLake Berryessa, also referred to as Solano Project (SP), is derived from the Upper Putah Creekwatershed and captured by Monticello Dam to form Lake Berryessa. Water from the Delta, alsoreferred to as State Water Project (SWP), is derived from the Northern Sacramento River Valleywatershed and captured by Oroville Dam to form Lake Oroville. The onetime transfer underconsideration preserves all SP water supply entitlements totaling 27,000 acrefeet and is confined toSWP water supply entitlements.Contracts for water supply are administered by SCWA, which acts as the wholesaler of raw water forboth SP and SWP. SWP water supplies are delivered to the City of Fairfield through the North BayAqueduct (NBA), which is a component of the SWP. The agreement to receive SWP water suppliedthrough the NBA into Solano County is held by the State and SCWA. The City of Fairfield has a memberunit contract with SCWA to receive SWP water supplies, which are generally categorized as SWPallocations and carryover water supplies.SWP allocations fluctuate from year to year and are based on hydrologic conditions in the Delta andstorage levels within Lake Oroville. Carryover water supplies are derived from unused Table Aquantities but cannot exceed half of the full Table A entitlement, which is 14,678 acrefeet. Carryoveramounts reset to zero when the San Luis Reservoir spills, which last occurred in March 2023. As ofJune 2024, the remainder the City’s SWP Table A and carryover quantities exceeded 16,000 acrefeet.In 2021, SCWA developed a water exchange and transfer policy (see Attachment 3) in conjunction withSolano County cities. The purpose of this policy was to formalize how SCWA had conducted watertransfers and exchanges while protecting Solano County’s primary water sources. The central theme ofthe policy gives Solano County cities the first right of refusal for any transfers or exchanges beforeseeking buyers located outside the county. Similarly, to participate in a water transfer or exchange, allSolano County cities who receive SWP water supplies must unanimously agree to participate in thetransaction. For the transaction being proposed, Solano County cities are proposing to offer 1,000acrefeet (with an option of up to 2,000 acrefeet per city) at a proposed price of $250/acrefoot.On August 8, 2024, the SCWA Board of Directors authorized their General Manager to sign LOUs witheach Solano County member agency, which allows the pursuit of potential buyers for excess water.When a buyer is confirmed, SCWA as the contract administrator must execute an agreement and seekapproval from the Department of Water Resources (DWR). Upon approval by DWR, SCWA will conductthe water transfer to the buyer in accordance with their agreement.In conclusion, the City of Fairfield has ample water supplies available for the remainder of 2024 and iswell positioned to conduct a onetime transfer of 1,000 acrefeet (not to exceed 2,000 acrefeet). If theupcoming winter is above average, it is possible that any remainder of SWP carryover water will be lostas carryover resets to zero when San Luis Reservoir spills.The last time the City of Fairfield participated in the sale of excess SWP water supply was 2018.FINANCIAL IMPACTThe City’s Water Enterprise Fund would receive up to $250/acrefoot in revenue in fiscal year (FY)20252026 if the LOU were approved and SCWA were able to execute the proposed onetime watertransfer.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to authorize the city manager to sign the LOU. However, doing so will forgoreceiving at least $250,000 to the City’s Water Enterprise Fund and risk losing any remainder ofcarryover if San Luis Reservoir spills in the upcoming winter.STAFF CONTACTMichael J. Hether, Assistant Director Public Works/Utilities(707) 428[email protected] WITHCity Attorney's Office ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Draft Letter of Understanding
Attachment 3: Solano County Water Agency Transfer and Exchange Policy REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 8/20/2024 5:10 PM
Chaudhary, Savita Approved 8/22/2024 8:28 PM
Beavers, Esther Approved 8/26/2024 10:47 AM
Beavers, Esther Approved 8/26/2024 10:47 AM
Packet Page 73 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-221

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

MANAGER TO SIGN A LETTER OF UNDERSTANDING WITH THE SOLANO COUNTY WATER AGENCY FOR A ONE-TIME TRANSFER OF 1,000 ACRE-FEET (NOT TO EXCEED 2,000 ACRE-FEET) OF THE FAIRFIELD 2024 STATE WATER PROJECT ARTICLE 56 “CARRYOVER” WATER WITH

ANOTHER STATE WATER CONTRACTOR

WHEREAS, the City receives water from the State Water Project (SWP); and

WHEREAS, the City has additional sources of water supply other than the SWP, consisting of Solano Project water from Lake Berryessa; and

WHEREAS, the City has adequate water storage reserves such that the City can do a one-time transfer of 1,000 acre-feet (not to exceed 2,000 acre-feet) of City of Fairfield Article 56 “Carryover” water without negatively impacting the City’s ability to meet the water needs of its customers; and

WHEREAS, the City also has the ability to transfer portions of its SWP supply to other State Water Contractors via the Solano County Water Agency (SCWA); and

WHEREAS, the amount of the City’s 2024 SWP transfer is estimated to be $250 per acre-foot, resulting in a projected revenue of $250,000 to be received by the City of F airfield Water Enterprise Fund; and

WHEREAS, the City Council finds that because the proposed water transfer will be delivered through existing facilities and without the construction of additional facilities to effect such deliveries, Fairfield and SCWA agree that the transfer described herein constitutes a project that is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15301 of the State CEQA Guidelines.

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

Section 1. The city manager is hereby authorized to execute the Letter of Understanding with SCWA for the one-time transfer of 1,000 acre-feet (not to exceed 2,000 acre-feet) of the Fairfield 2024 State Water Project Article 56 “Carryover” Water with another State Water Contractor.

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

Packet Page 74 of 198Attachment 1 Page 1 of 2

RES. NO. 2024-221

Page 2 ends

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

______________________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 75 of 198Attachment 1 Page 2 of 2

SOLANO COUNTY WATER AGENCY

810 Vaca Valley Parkway, Suite 203
Vacaville, CA 95688
(707) 451-6090
Fax (707) 451-6099
Scwa2.com
4185291.1
August 12, 2024

Michael Heather, Assistant Public Works Director
City of Fairfield
250 East L Street
Fairfield, CA 94510

Re: City of Fairfield’s 2024 SWP Water Transfer Letter of Understanding

Dear Mr. Heather:

This letter of understanding (“LOU”) documents and confirms the mutual agreement that has been reached between Solano County Water Agency (“Agency”) and the City of Fairfield (“Fairfield”) (collectively the “Parties” and each a “Party”). This LOU specifies the terms under which the Agency agrees to transfer approximately 1,000-acre feet (AF) of Fairfield’s State Water Project (“SWP”) Carryover water (“2024 Transfer”) to a State Water Contractor (“Contractor”) outside of Solano County. The specific Contractor has not yet been identified but will be one of the many SWP contractors that are interested in purchasing the water from Fairfield. In consideration for the 2024 Transfer, Contractor will pay the Agency a minimum fee of $250.00 per AF water transferred (“Transfer Fee”), for a projected total of $250,000, which the Agency will then remit to Fairfield.

Notwithstanding the foregoing, the Parties may negotiate a higher fee with any such Contractors.

BACKGROUND AND PURPOSE

The Agency holds a contract with the Department of Water Resources (“DWR”) to receive imported water deliveries from the SWP. Fairfield (along with other agencies in Solano County) is a Member Agency of the Agency and pays the Agency to receive an allocation of SWP water under a separate contract.

As of the date of this LOU, the Agency and City have contacted several SWP contractors outside of Solano County that hold contracts to receive water deliveries from the SWP and require more SWP water than their DWR allocation provides in 2024. Fairfield agrees to forego a portion of up to one-thousand-acre feet (1,000 AF) of the delivery of the 2024 SWP water to which it is entitled under the Fairfield Member Unit Contract and make that water available for transfer to Contractor under the terms and conditions set forth herein.

Pursuant to Fairfield’s request, the Agency will work with the selected Contractor and DWR to facilitate the 2024 Transfer. The basic parameters of the 2024 Transfer are as follows:

Fairfield will receive from the Agency a Transfer Fee of $250.00 per AF, or other reasonably negotiated price, of SWP water transferred to Contractor in the 2024 water year.

The amount of 2024 Transfer water is estimated to be up to 1,000 AF, the final Packet Page 76 of 198Attachment 2 Page 1 of 3

price shall be determined by multiplying the total number of acre fee transferred by the agreed-upon price per acre foot.

The Agency will serve as a “pass through” and facilitator of the 2024 Transfer, and will not receive any financial compensation, water, or other remuneration for these efforts.

TERMS AND CONDITIONS

1. Condition Precedent. DWR’s written approval of the 2024 Transfer between the Agency and the Contractor is a condition precedent to the Agency’s authorization to proceed under the LOU. DWR’s approval shall be provided in the form of an agreement between DWR, the Agency, and the Contractor (“Transfer Agreement”).

2. Deliveries to Contractor. The Agency will request that DWR deliver to the Contractor up to 1,000-acre feet of Fairfield’s 2024 Article 56 Carryover water from the SWP. Within thirty (30) days following the execution of the Transfer Agreement, the Contractor shall pay the Agency the Transfer Fee for each AF of 2024 Article 56 Carryover water made available by Fairfield, unless a different price is negotiated and agreed upon in writing by Fairfield, the Agency, and the Contractor. Provided all agreements are in place for the 2024 Transfer, the Agency shall pay 100% of the Transfer Fee received from the Contractor to Fairfield within ten (10) days of receipt.

3. Notice of Exemption. Because the 2024 Transfer will be delivered through existing facilities, without the construction of new facilities, Fairfield and the Agency agree that the 2024 Transfer is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15301 of the State CEQA Guidelines. The Agency shall file a Notice of Exemption for the 2024 Transfer with the Clerk of the Board of Supervisors of Solano County, as well as the county in which the Contractor is located, and shall provide a copy to Fairfield.

4. Transaction Costs. Fairfield and the Agency shall each be responsible for its own legal and consulting costs incurred in the preparation, review, and implementation of this LOU. Fairfield and the Agency each agree to cooperate with each other in the preparation, review, and execution of any additional agreements that may be necessary to implement the 2024 Transfer. Fairfield shall not be responsible for payment of any charges imposed by any agency, including the Agency, for the preparation and processing of the Transfer Agreement, or for the preparation and processing of such other approvals as may be necessary to implement the 2024 Transfer.

5. Costs of Defense. In the event of any legal action by a third party to challenge this LOU or the 2024 Transfer, Fairfield and the Agency agree to cooperate in the defense thereof and to share equally in the costs of such defense, utilizing counsel mutually acceptable to the Parties.

Packet Page 77 of 198Attachment 2 Page 2 of 3

6. Force Majeure. In the event that an unavoidable event beyond the reasonable control of the Parties, including, but not limited to availability of SWP water, renders the performance of this LOU impossible or infeasible, the Parties hereto shall be excused from the performance thereof; provided, however, that the Agency shall first coordinate with DWR to determine whether alternate performance may be possible pursuant to an alternate schedule for completion of performance.

7. Authority. The undersigned representatives of Fairfield and the Agency hereby represent that they are authorized to execute the LOU for the Parties on whose behalf this LOU is executed.

8. Notice. Written notice may be provided by either Party to the other by first class mail, postage prepaid to the following addresses:

City of Fairfield-Public Works Department
1000 Webster Street, 3rd Floor
Fairfield, CA 94533
Attention: Michael Hether, Assistant Public Works Director

Solano County Water Agency
810 Vaca Valley Parkway, Suite 202
Fairfield, CA 95688

City of Fairfield

By: _______________________________ ______________
David Gassaway, City Manager Date

Solano County Water Agency
By: _______________________________ ______________
Chris Lee, General Manager Date
Packet Page 78 of 198Attachment 2 Page 3 of 3

1 | Page

SOLANO COUNTY WATER AGENCY

WATER TRANSFER AND EXCHANGE POLICY
(Adopted July 8, 2021)

This policy has been developed by the Solano County Water Agency (SCWA) Water Policy Committee and adopted by the SCWA Board of Directors at their July 8, 2021, Board meeting. This policy only applies to Solano Project water and State Water Project (SWP) water (aka NBA water). It is not intended to impinge on individual member agency’s water rights.

Introduction
SCWA is a wholesale water supply agency providing untreated water to cities and agricultural districts in Solano County from the Federal Solano Project and the North Bay Aqueduct of the State Water Project. SCWA represents local agencies involved in water and flood management. The Agency is governed by the Board of Directors composed of the five members of the Solano County Board of Supervisors, the seven mayors of the cities in Solano County, and a director from each of the three agricultural districts that provide retail agricultural water.

Member agencies include:
• City of Benicia
• City of Dixon
• City of Fairfield
• City of Rio Vista
• City of Suisun City
• City of Vacaville
• City of Vallejo
• Maine Prairie Water District
• Reclamation District 2068
• Solano County
• Solano Irrigation District

Purpose and Intent
SCWA supports sustainable water management of the agency’s State Water Project and Federal Solano Project allocations, while providing flexibility to the Agency’s members. Water purveyors in Solano County have a long history of working together in collaboration with SCWA.

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2 | Page

The purpose of this policy is to formalize SCWA water transfer and exchanges while protecting primary water sources. The policy is intended to address issues in the future including:
• Population growth
• Drought
• Sustainability
• Resiliency
• Recycled water
• Tail water
• Groundwater
• Regional integration
• Environmental water quality
• Fire protection
• More effective movement of water within the county and beyond • Substituting new water opportunities/sources for NBA transferable water

The overriding principles of this policy are:
• No Harm/Solano County First.
• Any transfer or exchange must be consistent with the SCWA Master Contract with DWR and the SCWA Master Contract with the Bureau of Reclamation. • Any transfers or exchanges not covered by this policy are not necessarily prohibited but will be addressed by SCWA on case-by-case basis. • Any existing contracts and on-going service obligations are grandfathered into this policy.

Definitions
• Exchange: Trading water. As an example, one entity might trade NBA water for Solano Project water. An agreed-on amount of water is returned to the seller. • Harm: In the context of "No Harm/Solano County First", "harm" shall be defined as: (1) transfer or exchange of water to an entity outside Solano County without first offering such water to SCWA members within Solano County; 2) Not notifying SCWA of any inter-county Solano Project/State Water Project transfers. • In-County Exchanges: Water exchanges between SCWA member(s) and other Solano Project members for use within the County.
• Out-of-County Exchanges: Water exchanges from individual SCWA member(s) to water agencies outside SCWA’s jurisdiction.
• Place of Use: Geographical area that Solano Project water can be transferred or exchanged within. Place of Use is limited to Solano County (except Montezuma Hills), UC Davis and a small part of Yolo County as authorized by the State Water Board.

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3 | Page

• Transfer: An action where water is delivered to the buyer in exchange for a mutually agreed price.
• In-County Transfers: Water transfers between SCWA member(s) and other Solano Project members for use within the County.
• Out-of-County Transfers: Water transfers from individual SCWA member(s) to water agencies outside SCWA’s jurisdiction.
• Solano Project Water: The Solano Project is a federal project that stores water in Lake Berryessa for delivery to users within the Place of Use. SCWA holds, as executors, long-term master water supply contracts with U.S. Bureau of Reclamation (USBR). Solano Project water cannot be transferred or exchanged outside its “Place of Use.”
• State Water Project (SWP) (aka NBA Water) “Table A” water. Table A water is the only supply in SCWA’s water supply portfolio that is eligible for transfers and exchanges outside of SCWA’s service area. SWP “Table A” water is the annual NBA water supply provided by SCWA‘s Long-term State Master Contract for SWP water supply which SCWA members have an allocated portion of. The SWP contract allows for transfers and exchanges to recover some capitalized and/or operational investment costs. Exchanges and transfers out-of-county can only be negotiated with another SWP Contractor for use within the SWP service area, or the collective service areas of all 29 State Water Contractors. DWR approval is required for all out-of-county transfers and exchanges. The SWP Contract transfer and exchange rules are strict and carefully applied by DWR to scrutinize all SWP transfers and exchanges.
• North Bay Aqueduct: A component of the State Water Project that serves portions of Solano and Napa counties.
• Transferrable/Exchangeable Water: Water determined by individual member agencies to be available for exchange or transfer.

Scope
Only transferrable/exchangeable water, as determined by individual SCWA member agencies, is subject to this Water Transfer and Exchange Policy.

Potential sources of water available for transfer or exchange include:
• State Water Project conveyed through the North Bay Aqueduct (Table A water) • Solano Project

Policy Consistency
This policy will be consistent with any Groundwater Sustainability Plans, Urban and Agricultural Water Management Plans, and the cities and County General Plans. The Packet Page 81 of 198Attachment 3 Page 3 of 11

4 | Page

policy is also linked to SCWA’s 2016-2025 Strategic Plan and will not impair any existing contracts relating to water exchanges/transfers.

Policy
SCWA member agencies negotiate water transfers and exchanges with willing sellers and will advise SCWA and other member agencies through the Solano Water Advisory Committee (SWAC) of any water needs or availability of transferrable/exchangeable water when known.

In-County Priority: Member agencies should be encouraged to seek water transfers and exchanges serving in-county needs before serving out-of-county needs. Water deemed to be available for a transfer or exchange by any SCWA member agency should first be offered to other SCWA member agencies at mutually agreeable terms. If agreement cannot be reached within the timeframe set by the offering member agency, the member may pursue other buyers.

Out-of-County Transfer and Exchanges:

If no SCWA member agencies commit to purchasing the transferrable/exchangeable water supply by the deadline set by the offering member agency, member agencies may request SCWA to offer the transferrable/exchangeable water to out-of-county State Water Project (SWP) contractors at prevailing market prices. Notifying SCWA by April 1st, or when known, will give SCWA adequate time to negotiate the transfer/exchange.

Transfer/Exchange Procedures

1. In-County Transfer and Exchange procedure includes:
a. Individual SCWA member agencies determine if they have transferrable/exchangeable water available.
b. Individual agencies with transferrable/exchangeable water negotiate mutually agreeable terms with receiving member agencies. c. SCWA must be notified of any transfers/exchanges. SCWA will determine:
(i) Verification of water rights
(ii) Conveyance capacity
(iii) Consistency with DWR and USBR Master Contracts
(iv) Environmental review (CEQA)
(v) Any other requirements that may be added in the future.

d. The SCWA Board must approve any transfers or exchanges requiring CEQA.
e. SCWA will perform all administrative and bookkeeping functions.

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5 | Page

2. Out-of-County Transfer and Exchanges:

If no SCWA member agencies commit to purchasing the
transferrable/exchangeable water by the deadline set by the offering member agency, member agencies may request SCWA to offer the
transferrable/exchangeable water to out-of-county State Water Project (SWP) contractors at prevailing market prices. Notifying SCWA by April 1st, or when known, will give SCWA adequate time to negotiate the transfer/exchange.

Out-of-County transfer and exchange procedures include:
a. Timeline
(i) All out-of-county transfer and/or exchanges should be submitted to SCWA ideally by April 1st of any given year, or when known. (ii) The offering member agency will respond to a request to purchase and/or SCWA will seek buyers and SCWA will negotiate the terms of the transfer and/or exchange in consultation with the member agency offering the transferrable/exchangeable water. The terms will minimize the risk to the selling agency and SCWA.
b. Terms for multi-year transfers must include a provision for the SCWA member agency to confirm availability and the ability to deliver water on an annual basis. This allows for suspending the contract to meet local needs or prioritize transfers or exchanges to SCWA members for any single year.
c. SCWA will determine:
(i) Verification of water rights
(ii) Compliance with the DWR Master Contract
(iii) Compliance with the Bay-Delta Water Quality Control Plan (iv) Consistent with HCP/NCCP
(v) Meets CEQA
(vi) Does not create a water quality problem for another SCWA member agency.
d. SCWA will obtain DWR approval.
e. SCWA will seek SCWA Board approval. If the timing requires quicker action than monthly Board meetings, the General Manager will recommend a Special Meeting.
f. SCWA will facilitate the transfers through DWR.

COSTS
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Any State or third-party charges or fees related to transfers and exchanges within the County or to water contractors outside the County shall be payable by the receiving agency. SCWA staff time to assist with the transfer or exchange shall not be charged to the transferring agency.

Responsibilities

1. Responsibility of SCWA General Manager: Discretion is delegated to the General Manager by the SCWA Board to:
a. Notify SWAC members when transferrable/exchangeable water is available.
b. Follow all transfer and exchange policies and procedures.

2. Responsibility of SCWA Water Policy Committee: The Water Policy Committee shall:
a. Annually review this policy to determine if it effectively meets the needs of member agencies. The Committee may propose amendments to this policy, for consideration by the full Board, to address inefficiencies and changing conditions. The Committee will coordinate with the SWAC before proposed changes are brought before the full Board.
b. The Water Policy Committee should have diverse representation of Municipal and Industrial (M&I), ag, and County interests.

Protection of SCWA and member agencies
All transfer and exchange agreements shall include appropriate “hold harmless” language to protect SCWA, member agencies, their officers, and staff from non- performance and/or negligence by the entity receiving the transferred or exchanged water.

Effective Term of Policy
The terms and provisions of this policy shall remain in full force and effect until amended by the SCWA Water Policy Committee and approved by the SCWA Board.

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Glossary:

Acre-foot One acre-foot equals about 326,000 gallons, or enough water to cover an acre of land (about the size of a football field) one foot deep. An average California household uses between one-half and one acre-foot of water per year for indoor and outdoor use.

CEQA California Environmental Quality Act - a California statute passed in 1970, shortly after the United States federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection. CEQA does not directly regulate land uses, but instead requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and, in a departure from NEPA, adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local (public) agency's decision- making process.

DWR California Department of Water Resources

HCP/NCCP A Habitat Conservation Plan (HCP) is a document that meets federal Endangered Species Act (ESA) requirements and enables local agencies to allow projects and activities to occur in endangered species’ habitats. In exchange, those projects and activities must incorporate HCP-prescribed measures to avoid, minimize, or compensate for adverse effects on natural
communities and endangered species. A Natural Community Conservation Plan (NCCP) is the State counterpart to the federal HCP.

Master Contracts SCWA holds a two long-term water supply contracts. They include:
• Federal contract with the Bureau of Reclamation for Solano Project water. Includes Ag and M&I deliveries.
• State contract with DWR for State Water Project water.

Includes M&I deliveries only.

NBA North Bay Aqueduct. The NBA is part of the State Water Project (SWP). The NBA is an underground pipeline that conveys SWP water to Solano and Napa counties. SCWA has service contracts for NBA water with Vacaville, Fairfield, Suisun City, Vallejo, and Packet Page 85 of 198Attachment 3 Page 7 of 11

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Benicia. The Cities of Dixon and Rio Vista have the potential to execute future contracts for NBA water.

Solano Project The Solano Project (SP) is a federal project of the Bureau of Reclamation that stores water in Lake Berryessa for delivery to users throughout the region.

Exchangeable/ Water determined by individual SCWA member agencies to be Transferrable available for exchange or transfer. Potential sources of Water exchangeable/transferable water include:
• State Water Project conveyed through the North Bay
Aqueduct
• Solano Project: Solano Project water cannot be sent outside of SCWA’s Place of Use. Place of Use includes Solano
County except Montezuma Hills, UC Davis, and a small part of Yolo County.

SWP State Water Project. The SWP, operated by the State of California, Department of Water Resources, is a water storage and delivery system of reservoirs, aqueducts, power plants and pumping plants extending more than 700 miles —two-thirds the length of California.

The SWP provides water to Solano County through the North Bay Aqueduct.

Table A Water Table-A” water is the SWP water provided to SCWA under the DWR Master Contract. SCWA has a maximum annual allocation of Table-A water of 47,756 Acre-feet per year. The actual annual allocation of Table-A water from DWR can vary from 0% up to 100% of the maximum Table-A, depending hydrology and factors such as reservoir storage.

Bay-Delta Water A policy document adopted by the State Water Resources Control Quality Control Board that establishes water quality control measures and flow Plan requirements needed to provide reasonable protection of beneficial uses in the San Francisco Bay/Sacramento-San Joaquin Delta estuary.

Water Exchanges Water Exchanges include:
• Water exchanged between willing sellers and willing buyers within Solano County.
• Water exchanged between willing SCWA member agencies
and willing buyers outside of Solano County.

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Water Transfers Water Transfers include:
• Water sold between willing sellers and willing buyers within Solano County.
• Water sold between willing SCWA member agencies and
willing buyers outside of Solano County.

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North Bay Aqueduct

The North Bay Aqueduct (NBA) is part of the State Water Project and provides 40% of the municipal water supply to over 400,000 people in cities in Solano and Napa Counties. The NBA consists of a pump station in the Cache Slough area in the Delta and a 28-mile underground pipeline that delivers water to city water treatment plants, intermediate pump stations and ancillary facilities.

The NBA State Water Project provides about 50% of the municipal and industrial water use in Solano County and about 40% of the municipal and industrial water use in Napa County. This water supply to Napa and Solano Counties is a critical resource and is expected to provide future water for planned growth in both counties. The following cities either currently use (or can use in the future) NBA water: Benicia, Dixon, Fairfield, Suisun City, Vacaville, Vallejo, Rio Vista, American Canyon, Napa, and Calistoga.

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Solano Project

The Solano Project is a federal project of the Bureau of Reclamation that stores water in Lake Berryessa for delivery to users throughout the region and is sized to meet only the projected water needs of Solano County. Congressional authorization was granted for the construction of the Solano Project and the first water was delivered in 1959. The total construction cost for the Solano Project was $38 million. For a more detailed history of the Solano Project, see the book by the Solano Irrigation District entitled "The Solano Water Story: A History of the Solano Irrigation District and the Solano Project."

Monticello Dam was constructed from 1953 to 1957 and has a height of 304 feet and a crest length of 1023 feet. The dam is able to hold a capacity of 1.602 million acre-feet of water.

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Agenda Item No: 11.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Second Reading and Adoption of Ordinance 202406 of the City Council of the City of Fairfield Approving the Fifth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Station LLC Regarding Land in the Train Station Specific Plan Area
RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202406.

STATEMENT OF ISSUE
Canon Station, LLC has requested a 5th Amendment to the existing Amended and Restated Development Agreement between the City and Canon Station, LLC. The Amended and Restated Development Agreement covers approximately 1,570 acres of land located approximately onehalf mile east of Peabody Road on Vanden Road's west and east sides. The Amendment proposes to increase the combined total of the 1% ad valorem property tax and all Community Facility District (CFD) special taxes from a maximum of 1.65% to 1.75%. The proposed tax rate maximum would be applicable to future homes built within Planning Area 5 of the TSSP, the eastern expansion of the One Lake neighborhood.

DISCUSSION
Background Information: On August 16, 2011, the City Council entered into a Development Agreement (DA) with Canon Station LLC regarding approximately 1,570 acres within the Train Station Specific Plan (TSSP) Area. Canon Station LLC is the master developer of the One Lake neighborhood, known as Planning Area 4 and Planning Area 5 in the TSSP. The DA was subsequently amended in 2012. Key provisions of the DA, with amendments, include the following:

1. Guarantees for the right to develop up to 3,101 dwelling units and 4.6 million square feet of office and industrial building floor area; and

2. Transfer of approximately 100 acres of Cityowned land to Canon Station LLC in exchange for the 204acre Kelley Property for public park and open space uses, monetary compensation, and other considerations; and

3. Construction of various public improvements by Canon Station LLC, including a new fire station, Packet Page 90 of 198

3. Construction of various public improvements by Canon Station LLC, including a new fire station, park improvements, and road improvements; and

4. Establishment of various Community Facilities Districts (CFDs) to pay for infrastructure and municipal services, including public safety (police and fire), park maintenance, and open space maintenance; and

5. Requirement that Canon Station LLC preserve more than 1,000 acres in open spaces within and in the vicinity of the TSSP Area. Preservation is to be achieved by establishing a conservation easement on these lands.

On December 16, 2014, the City and Canon Station LLC amended and restated the DA. The key provisions above, however, were not modified. Since then, the council has approved four amendments to the 2015 Amended and Restated DA. The amendments modified a collection of topics in the DA, including conservation easement recordation timing, CFD language, a biological mitigation exhibit, infrastructure improvement timing, and procedural components. Canon Station LLC is now seeking a Fifth Amendment.

Proposed Amendment:Canon Station LLC seeks to amend one section of the DA addressing Infrastructure Community Facilities Districts (CFD). An Infrastructure CFD is a special taxing district created to finance public infrastructure and community facilities to benefit the residents within a specific area. Improvements may include roads, utilities, parks, fire stations, etc. CFDs finance such projects through the issuance of municipal bonds, which are repaid over time through the special taxes levied on properties within the district. These taxes are in addition to regular property taxes and are used exclusively for the purposes outlined in the CFD’s formation documents. Property owners may petition and vote to form or adjust a CFD. In this instance, Canon Station LLC is seeking a DA amendment to raise the maximum combined tax rate, which includes the State's 1% property tax base and all CFD special taxes. Canon Station LLC seeks to raise the combined tax rate from 1.65% to 1.75%.

Canon Station LLC is requesting the amendment to ensure enough funding sources to support the infrastructure required for the One Lake neighborhoods. The actual costs of construction for the required infrastructure have significantly increased since the DA was established, and the current

1.65% total tax maximum is no longer sufficient. Canon Station LLC, working with their bond counsel, the City’s bond counsel, and the City’s Finance Director, has determined that an increase of 0.1% to a maximum tax of 1.75% will provide both the funding capabilities to support the required infrastructure and preserve capacity for future potential elective taxes. Striking this balance is key to ensuring that future residents of the One Lake neighborhoods are not overburdened by taxes. An example illustration of how much a resident can expect to pay is as follows: For every $100,000 of assessed property value, the homeowner currently pays $1,650 (1.65%). With the increase, the homeowner would pay $1,750 (1.75%). For comparison purposes, it should be noted that there are other areas within the City of Fairfield that have total tax percentages approved by the council of over 2%.

General Plan and Specific Plan Consistency:Government Code Section 65868.5 requires that a DA be consistent with the General Plan and any Specific Plan. The General Plan designates land within the TSSP as the Train Station Specific Plan “Special Study Area.” The Specific Plan identifies the land subject to the DA as Planning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 4 and 5 are slated for residential development and are subject to the proposed 1.75% tax maximum. The council previously found the existing DA to be consistent with the General Plan and Specific Plan. The General Plan includes policies that require new residential development to fund the cost of its infrastructure needs. Policy 1445 of the TSSP authorizes the use of CFDs to fund infrastructure that is not otherwise funded by a Development Impact Fee. The amendment increases the maximum assessment to 1.75% of combined ad valorem property tax and CFD costs. Ensuring that the new development within the district will be able to pay the anticipated infrastructure costs.

Agenda Item No: 11.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Second Reading and Adoption of Ordinance 202406 of the City Council of the City ofFairfield Approving the Fifth Amendment to the Amended and Restated DevelopmentAgreement Between the City of Fairfield and Canon Station LLC Regarding Land in theTrain Station Specific Plan AreaRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202406.STATEMENT OF ISSUECanon Station, LLC has requested a 5th Amendment to the existing Amended and RestatedDevelopment Agreement between the City and Canon Station, LLC. The Amended and RestatedDevelopment Agreement covers approximately 1,570 acres of land located approximately onehalf mileeast of Peabody Road on Vanden Road's west and east sides. The Amendment proposes to increasethe combined total of the 1% ad valorem property tax and all Community Facility District (CFD) specialtaxes from a maximum of 1.65% to 1.75%. The proposed tax rate maximum would be applicable tofuture homes built within Planning Area 5 of the TSSP, the eastern expansion of the One Lakeneighborhood. DISCUSSIONBackground Information: On August 16, 2011, the City Council entered into a DevelopmentAgreement (DA) with Canon Station LLC regarding approximately 1,570 acres within the Train StationSpecific Plan (TSSP) Area. Canon Station LLC is the master developer of the One Lake neighborhood,known as Planning Area 4 and Planning Area 5 in the TSSP. The DA was subsequently amended in2012. Key provisions of the DA, with amendments, include the following:1. Guarantees for the right to develop up to 3,101 dwelling units and 4.6 million square feet of officeand industrial building floor area; and2. Transfer of approximately 100 acres of Cityowned land to Canon Station LLC in exchange for the204acre Kelley Property for public park and open space uses, monetary compensation, andother considerations; and3. Construction of various public improvements by Canon Station LLC, including a new fire station,park improvements, and road improvements; and4. Establishment of various Community Facilities Districts (CFDs) to pay for infrastructure andmunicipal services, including public safety (police and fire), park maintenance, and open spacemaintenance; and5. Requirement that Canon Station LLC preserve more than 1,000 acres in open spaces within andin the vicinity of the TSSP Area. Preservation is to be achieved by establishing a conservationeasement on these lands.On December 16, 2014, the City and Canon Station LLC amended and restated the DA. The keyprovisions above, however, were not modified. Since then, the council has approved four amendmentsto the 2015 Amended and Restated DA. The amendments modified a collection of topics in the DA,including conservation easement recordation timing, CFD language, a biological mitigation exhibit,infrastructure improvement timing, and procedural components. Canon Station LLC is now seeking aFifth Amendment.Proposed Amendment:Canon Station LLC seeks to amend one section of the DA addressingInfrastructure Community Facilities Districts (CFD). An Infrastructure CFD is a special taxing districtcreated to finance public infrastructure and community facilities to benefit the residents within a specificarea. Improvements may include roads, utilities, parks, fire stations, etc. CFDs finance such projectsthrough the issuance of municipal bonds, which are repaid over time through the special taxes levied onproperties within the district. These taxes are in addition to regular property taxes and are usedexclusively for the purposes outlined in the CFD’s formation documents. Property owners may petitionand vote to form or adjust a CFD. In this instance, Canon Station LLC is seeking a DA amendment toraise the maximum combined tax rate, which includes the State's 1% property tax base and all CFDspecial taxes. Canon Station LLC seeks to raise the combined tax rate from 1.65% to 1.75%.Canon Station LLC is requesting the amendment to ensure enough funding sources to support theinfrastructure required for the One Lake neighborhoods. The actual costs of construction for therequired infrastructure have significantly increased since the DA was established, and the current1.65% total tax maximum is no longer sufficient. Canon Station LLC, working with their bond counsel,the City’s bond counsel, and the City’s Finance Director, has determined that an increase of 0.1% to amaximum tax of 1.75% will provide both the funding capabilities to support the required infrastructureand preserve capacity for future potential elective taxes. Striking this balance is key to ensuring thatfuture residents of the One Lake neighborhoods are not overburdened by taxes. An example illustrationof how much a resident can expect to pay is as follows: For every $100,000 of assessed property value,the homeowner currently pays $1,650 (1.65%). With the increase, the homeowner would pay $1,750(1.75%). For comparison purposes, it should be noted that there are other areas within the City ofFairfield that have total tax percentages approved by the council of over 2%. General Plan and Specific Plan Consistency:Government Code Section 65868.5 requires that aDA be consistent with the General Plan and any Specific Plan. The General Plan designates land withinthe TSSP as the Train Station Specific Plan “Special Study Area.” The Specific Plan identifies the landsubject to the DA as Planning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 4 and 5 are slatedfor residential development and are subject to the proposed 1.75% tax maximum. The councilpreviously found the existing DA to be consistent with the General Plan and Specific Plan. The GeneralPlan includes policies that require new residential development to fund the cost of its infrastructureneeds. Policy 1445 of the TSSP authorizes the use of CFDs to fund infrastructure that is not otherwisefunded by a Development Impact Fee. The amendment increases the maximum assessment to 1.75%of combined ad valorem property tax and CFD costs. Ensuring that the new development within thedistrict will be able to pay the anticipated infrastructure costs.

Environmental Review: An Environmental Impact Report (EIR) was previously prepared and certified by the City for the TSSP in 2011. The City previously found that the impacts of development under the existing DA are within the scope of the EIR certified by the Council in 2011 for the TSSP. The proposed changes are consistent with the TSSP and do not pose environmental impacts greater than those found to be within the scope of the TSSP’s EIR.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Planning Commission unanimously approved Resolution No. PC202406, recommending that the council adopt the proposed ordinance, which would approve a 5th Amendment to the Amended and Restated Development Agreement between the City of Fairfield and Canon Station LLC.

At its August 20, 2024 meeting, the City Council held a public hearing that was duly noticed in the Daily Republic on August 7, 2024. At said meeting, the City Council approved the introduction and first reading of Ordinance 202406 (pending comments from 8/20/24 meeting, still to take place).

ALTERNATIVE ACTION
The council may deny the proposed DA amendment. In this circumstance, the total tax maximum would remain at 1.65%, which may impact the developer’s ability to complete the required infrastructure.

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

Description
Proposed Ordinance
Canon Station Fifth Amendment to the Development Agreement REVIEWERS:

Reviewer Action Date
Zellers, David Approved 8/20/2024 2:05 PM
Beavers, Esther Approved 8/20/2024 8:18 PM
Beavers, Esther Approved 8/20/2024 8:19 PM
Packet Page 92 of 198

CITY OF FAIRFIELD

ORDINANCE NO. 2024-06

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FIFTH

AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND CANON STATION LLC REGARDING LAND IN THE

TRAIN STATION SPECIFIC PLAN AREA

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

SECTION 1. The City Council hereby approves the Fifth Amendment to the Amended and Restated Development Agreement by and between the City and Canon Station LLC, attached hereto, based on the findings set forth in the Recitals to the F ifth Amendment to the Development Agreement.

SECTION 2. The City Manager is hereby authorized to execute the Fifth Amendment and to take all other steps necessary and appropriate to implement the actions of the City required by the Fifth Amendment to the Development Agreement.

SECTION 3. This Ordinance shall be effective 30 days following its adoption by the City 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 City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 20th day of August 2024, and

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

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:

_________________________

CITY CLERK
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Agenda Item No: 12.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024222 of the City Council of the City of Fairfield Considering the Proposed Amendment and Restatement of the Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) and an Increase in the Amount of Bonded Indebtedness, Approving an Amended and Restated Deposit Agreement, and Approving Other Matters Related Thereto
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
As a separate item on tonight’s agenda, the City Council will consider adopting an ordinance approving a 5th Amendment to the existing Amended and Restated Development Agreement (5th Amendment) between the City and Canon Station, LLC. The Amended and Restated Development Agreement covers approximately 1,570 acres of land located approximately onehalf mile east of Peabody Road on Vanden Road's west and east sides. The 5th Amendment proposes to increase the combined total of the 1% ad valorem property tax and all community facilities district special taxes from a maximum of

1.65% to 1.75%. The proposed tax rate maximum would be applicable to future homes built within Planning Area 5 of the Train Station Specific Plan (TSSP), the eastern expansion of the One Lake neighborhood.

This item relates to proposed change proceedings for City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) that would implement the changes approved in the 5th Amendment.

DISCUSSION
Background Information About the Development Agreement:On August 16, 2011, the council entered into a Development Agreement (DA) with Canon Station LLC regarding approximately 1,570 acres within the TSSP Area. Canon Station LLC is the master developer of the One Lake neighborhood, known as Planning Area 4 and Planning Area 5 in the TSSP. The Development Agreement was subsequently amended in 2012, and then amended and restated on December 16, 2014. Since then, it has been further amended.

Packet Page 105 of 198

Proposed 5th Amendment:As a separate matter on tonight’s agenda, the council will consider adopting an ordinance approving the 5th Amendment. Canon Station LLC seeks to amend one section of the DA addressing Infrastructure CFDs (as defined in the DA). Canon Station LLC is seeking the 5th Amendment to raise the maximum combined tax rate, which includes the State's 1% property tax base and all community facilities district special taxes. Canon Station LLC seeks to raise the combined tax rate from 1.65% to 1.75%.

Background Information about the CFD and Improvement Area No. 1:The council previously conducted proceedings under the MelloRoos Community Facilities Act of 1982, (MelloRoos Act), to form (i) “City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)” (“CFD”), (ii) “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)” (Improvement Area No. 1), and (iii) “City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) (Future Annexation Area)” (Future Annexation Area).

The City established the CFD pursuant to Resolution No. 202331 adopted on February 21, 2023 (Resolution of Formation), and, among other things, provided for the levy of special taxes upon the land within the CFD and the improvement areas therein to finance certain public facilities and services described in Exhibit A to the Resolution of Formation and approved a rate and method of apportionment of special taxes for Improvement Area No. 1(Improvement Area No. 1 Rate and Method).

In its Resolution No. 202332 adopted on February 21, 2023 (Resolution Determining Necessity), the council determined the necessity for the City to incur bonded indebtedness in one or more series (i) on behalf of Improvement Area No. 1 in an aggregate amount not to exceed $90,000,000 (Improvement Area No. 1 Bonded Indebtedness Limit) and (ii) on behalf of those portions of the CFD that are not included in Improvement Area No. 1 in an aggregate amount of not to exceed $15,000,000 (Non Improvement Area No. 1 Bonded Indebtedness Limit); and at an election of the qualified electors in Improvement Area No. 1 held on February 21, 2023, the qualified electors approved, among other things, the levy of special taxes according to the Improvement Area No. 1 Rate and Method and the Improvement Area No. 1 Bonded Indebtedness Limit.

Pursuant to Ordinance No. 202305, introduced by the council on February 21, 2023, and adopted on March 21, 2023, the council levied special taxes in Improvement Area No. 1 according to the Improvement Area No. 1 Rate and Method.

All of the territory in the CFD as of the date hereof is located in Improvement Area No. 1.

Proposed CFD Change Proceedings:Pursuant to a petition received by the City from One Lake Holdings LLC, which is the owner of 25% or more of the land within Improvement Area No. 1 that is not exempt from the special taxes, the City has been asked to (i) amend the Improvement Area No. 1 Rate and Method to increase the rate of the special taxes, (ii) increase the Improvement Area No. 1 Bonded Indebtedness Limit from $90,000,000 to $100,000,000, and (iii) increase the NonImprovement Area No. 1 Bonded Indebtedness Limit from $15,000,000 to $20,000,000.

This “change proceeding” for the CFD and Improvement Area No. 1 requires a handful of steps:

1.Adoption by the council of a “resolution of consideration” to make the proposed changes and calling a public hearing on the proposed changes for October 15, 2024.

2.On October 15, 2024, the council will:
a.Hold the public hearing and call an election of the qualified landowner electors in Improvement Area No. 1,
b.If the landowner electors in Improvement Area No. 1 have waived otherwise applicable time periods for the election, as permitted by the MelloRoos Act, hold the election and declare the results of the election,
c.If twothirds of the votes cast on the proposition are in favor of the proposed changes, adopt a resolution of change determining that the amendment of the Packet Page 106 of 198

3.The city clerk will record an amendment to the Notice of Special Tax Lien for Improvement Area No. 1 to reflect the amended Improvement Area No. 1 Rate and Method.

4.On November 19, 2024, the council will consider adoption of the ordinance levying the special taxes in Improvement Area No. 1 in accordance with the amended Improvement Area No. 1 Rate and Method.

In addition, the proposed resolution approves an Amended and Restated Deposit Agreement between the City and One Lake Holding LLC. The purpose of the amendment is to provide for a deposit to be given by One Lake Holding LLC to the City pay the City’s costs of the change proceedings and non contingent costs of a proposed bond financing for the CFD, including the fees and expenses of third party consultants.

Staff expects to recommend that the City issue the initial series of bonds for the CFD with respect to Improvement Area No. 1 later in the calendar year, upon completion of the change proceedings.

General Plan and Specific Plan Consistency:The proposed change proceedings are consistent with the 5th Amendment and will only be completed if the 5th Amendment is approved, executed and delivered by the City and Canon Station LLC.

Government Code Section 65868.5 requires that a Development Agreement be consistent with the General Plan and any Specific Plan. The General Plan designates land within the TSSP as the Train Station Specific Plan “Special Study Area.” The Specific Plan identifies the land subject to the Development Agreement as Planning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 4 and 5 are slated for residential development and are subject to the proposed 1.75% tax maximum. The council previously found the existing Development Agreement to be consistent with the General Plan and Specific Plan. The General Plan includes policies that require new residential development to fund the cost of its infrastructure needs. Policy 1445 of the TSSP authorizes the use of community facilities district to fund infrastructure that is not otherwise funded by a Development Impact Fee. The 5th Amendment increases the maximum assessment to 1.75% of combined ad valorem property tax and community facilities district costs, ensuring that the new development within the district will be able to pay the anticipated infrastructure costs.

Environmental Review:An Environmental Impact Report (EIR) was previously prepared and certified by the City for the TSSP in 2011. The City previously found that the impacts of development under the existing Development Agreement are within the scope of the EIR certified by the Council in 2011 for the TSSP. The proposed changes are consistent with the TSSP and do not pose environmental impacts greater than those found to be within the scope of the TSSP’s EIR.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Planning Commission unanimously approved Resolution No. PC202406, recommending that the council adopt an ordinance approving the 5th Amendment. The proposed changes to the CFD and Improvement Area No. 1 are intended to implement the 5th Amendment.

ALTERNATIVE ACTION
As a result of receiving the petition from One Lake Holdings LLC, the council is obligated by the Mello Roos Act to adopt the proposed resolution. After holding the proposed public hearing, the council will Packet Page 107 of 198

Agenda Item No: 12.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024222 of the City Council of the City of Fairfield Considering theProposed Amendment and Restatement of the Rate and Method of Apportionment ofSpecial Tax for Improvement Area No. 1 of the City of Fairfield Community FacilitiesDistrict No. 20231 (One Lake Planning Area 5) and an Increase in the Amount ofBonded Indebtedness, Approving an Amended and Restated Deposit Agreement, andApproving Other Matters Related TheretoRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAs a separate item on tonight’s agenda, the City Council will consider adopting an ordinance approvinga 5th Amendment to the existing Amended and Restated Development Agreement (5th Amendment)between the City and Canon Station, LLC. The Amended and Restated Development Agreementcovers approximately 1,570 acres of land located approximately onehalf mile east of Peabody Roadon Vanden Road's west and east sides. The 5th Amendment proposes to increase the combined totalof the 1% ad valorem property tax and all community facilities district special taxes from a maximum of1.65% to 1.75%. The proposed tax rate maximum would be applicable to future homes built withinPlanning Area 5 of the Train Station Specific Plan (TSSP), the eastern expansion of the One Lakeneighborhood.This item relates to proposed change proceedings for City of Fairfield Community Facilities District No.20231 (One Lake Planning Area 5) that would implement the changes approved in the 5th Amendment.DISCUSSIONBackground Information About the Development Agreement:On August 16, 2011, the councilentered into a Development Agreement (DA) with Canon Station LLC regarding approximately 1,570acres within the TSSP Area. Canon Station LLC is the master developer of the One Lakeneighborhood, known as Planning Area 4 and Planning Area 5 in the TSSP. The DevelopmentAgreement was subsequently amended in 2012, and then amended and restated on December 16,2014. Since then, it has been further amended.Proposed 5th Amendment:As a separate matter on tonight’s agenda, the council will consideradopting an ordinance approving the 5th Amendment. Canon Station LLC seeks to amend one sectionof the DA addressing Infrastructure CFDs (as defined in the DA). Canon Station LLC is seeking the 5thAmendment to raise the maximum combined tax rate, which includes the State's 1% property tax baseand all community facilities district special taxes. Canon Station LLC seeks to raise the combined taxrate from 1.65% to 1.75%.Background Information about the CFD and Improvement Area No. 1:The council previouslyconducted proceedings under the MelloRoos Community Facilities Act of 1982, (MelloRoos Act), toform (i) “City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)” (“CFD”),(ii) “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 20231 (One LakePlanning Area 5)” (Improvement Area No. 1), and (iii) “City of Fairfield Community Facilities District No.20231 (One Lake Planning Area 5) (Future Annexation Area)” (Future Annexation Area).The City established the CFD pursuant to Resolution No. 202331 adopted on February 21, 2023(Resolution of Formation), and, among other things, provided for the levy of special taxes upon the landwithin the CFD and the improvement areas therein to finance certain public facilities and servicesdescribed in Exhibit A to the Resolution of Formation and approved a rate and method ofapportionment of special taxes for Improvement Area No. 1(Improvement Area No. 1 Rate and Method).In its Resolution No. 202332 adopted on February 21, 2023 (Resolution Determining Necessity), thecouncil determined the necessity for the City to incur bonded indebtedness in one or more series (i) onbehalf of Improvement Area No. 1 in an aggregate amount not to exceed $90,000,000 (ImprovementArea No. 1 Bonded Indebtedness Limit) and (ii) on behalf of those portions of the CFD that are notincluded in Improvement Area No. 1 in an aggregate amount of not to exceed $15,000,000 (NonImprovement Area No. 1 Bonded Indebtedness Limit); and at an election of the qualified electors inImprovement Area No. 1 held on February 21, 2023, the qualified electors approved, among otherthings, the levy of special taxes according to the Improvement Area No. 1 Rate and Method and theImprovement Area No. 1 Bonded Indebtedness Limit.Pursuant to Ordinance No. 202305, introduced by the council on February 21, 2023, and adopted onMarch 21, 2023, the council levied special taxes in Improvement Area No. 1 according to theImprovement Area No. 1 Rate and Method.All of the territory in the CFD as of the date hereof is located in Improvement Area No. 1.Proposed CFD Change Proceedings:Pursuant to a petition received by the City from One LakeHoldings LLC, which is the owner of 25% or more of the land within Improvement Area No. 1 that is notexempt from the special taxes, the City has been asked to (i) amend the Improvement Area No. 1 Rateand Method to increase the rate of the special taxes, (ii) increase the Improvement Area No. 1 BondedIndebtedness Limit from $90,000,000 to $100,000,000, and (iii) increase the NonImprovement AreaNo. 1 Bonded Indebtedness Limit from $15,000,000 to $20,000,000.This “change proceeding” for the CFD and Improvement Area No. 1 requires a handful of steps:1.Adoption by the council of a “resolution of consideration” to make the proposed changes andcalling a public hearing on the proposed changes for October 15, 2024.2.On October 15, 2024, the council will:a.Hold the public hearing and call an election of the qualified landowner electors inImprovement Area No. 1,b.If the landowner electors in Improvement Area No. 1 have waived otherwiseapplicable time periods for the election, as permitted by the MelloRoos Act, hold theelection and declare the results of the election,c.If twothirds of the votes cast on the proposition are in favor of the proposedchanges, adopt a resolution of change determining that the amendment of theImprovement Area No. 1 Rate and Method and the increase in the Improvement Area No.1 Bonded Indebtedness Limit are lawfully authorized, andd.Introduce an ordinance levying the special taxes in Improvement Area No. 1 inaccordance with the amended Improvement Area No. 1 Rate and Method.3.The city clerk will record an amendment to the Notice of Special Tax Lien for Improvement Area No.1 to reflect the amended Improvement Area No. 1 Rate and Method.4.On November 19, 2024, the council will consider adoption of the ordinance levying the specialtaxes in Improvement Area No. 1 in accordance with the amended Improvement Area No. 1 Rate andMethod.In addition, the proposed resolution approves an Amended and Restated Deposit Agreement betweenthe City and One Lake Holding LLC. The purpose of the amendment is to provide for a deposit to begiven by One Lake Holding LLC to the City pay the City’s costs of the change proceedings and noncontingent costs of a proposed bond financing for the CFD, including the fees and expenses of thirdparty consultants.Staff expects to recommend that the City issue the initial series of bonds for the CFD with respect toImprovement Area No. 1 later in the calendar year, upon completion of the change proceedings.General Plan and Specific Plan Consistency:The proposed change proceedings are consistentwith the 5th Amendment and will only be completed if the 5th Amendment is approved, executed anddelivered by the City and Canon Station LLC.Government Code Section 65868.5 requires that a Development Agreement be consistent with theGeneral Plan and any Specific Plan. The General Plan designates land within the TSSP as the TrainStation Specific Plan “Special Study Area.” The Specific Plan identifies the land subject to theDevelopment Agreement as Planning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 4 and 5 areslated for residential development and are subject to the proposed 1.75% tax maximum. The councilpreviously found the existing Development Agreement to be consistent with the General Plan andSpecific Plan. The General Plan includes policies that require new residential development to fund thecost of its infrastructure needs. Policy 1445 of the TSSP authorizes the use of community facilitiesdistrict to fund infrastructure that is not otherwise funded by a Development Impact Fee. The 5thAmendment increases the maximum assessment to 1.75% of combined ad valorem property tax andcommunity facilities district costs, ensuring that the new development within the district will be able topay the anticipated infrastructure costs.Environmental Review:An Environmental Impact Report (EIR) was previously prepared and certifiedby the City for the TSSP in 2011. The City previously found that the impacts of development under theexisting Development Agreement are within the scope of the EIR certified by the Council in 2011 for theTSSP. The proposed changes are consistent with the TSSP and do not pose environmental impactsgreater than those found to be within the scope of the TSSP’s EIR.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe Planning Commission unanimously approved Resolution No. PC202406, recommending that thecouncil adopt an ordinance approving the 5th Amendment. The proposed changes to the CFD andImprovement Area No. 1 are intended to implement the 5th Amendment.ALTERNATIVE ACTION As a result of receiving the petition from One Lake Holdings LLC, the council is obligated by the Mello Roos Act to adopt the proposed resolution. After holding the proposed public hearing, the council will have no obligation to complete the change proceedings. If the council decides not to undertake the change proceedings, the total tax maximum would remain at 1.65%, which would be inconsistent with the 5th Amendment.

STAFF CONTACT
John Furtado, Finance Director
(707) 4287629
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Public Works Department ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A: Amended and Restated Rate of Method of Apportionment of Special Tax
Attachment 3: Amended and Restated Deposit and Reimbursement Agreement REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/26/2024 1:37 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-222

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD CONSIDERING THE PROPOSED

AMENDMENT AND RESTATEMENT OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) AND AN INCREASE IN THE

AMOUNT OF BONDED INDEBTEDNESS, APPROVING AN AMENDED AND RESTATED DEPOSIT

AGREEMENT, AND APPROVING OTHER MATTERS RELATED THERETO

WHEREAS, the City Council of the City of Fairfield (City) previously conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code (Act), to form (i) “City of Fairfield Community Facilities District No. 2023 -1 (One Lake Planning Area 5)” (CFD), (ii) “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)” (Improvement Area No. 1), and (iii) “City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) (Future Annexation Area)” (the “Future Annexation Area”); and

WHEREAS, all of the territory in the CFD as of the date hereof is located in Improvement Area No. 1; and

WHEREAS, in the council's Resolution No. 2023-31 adopted on February 21, 2023 (Resolution of Formation), the council, among other things, approved the boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area, as set forth in the map recorded in the Solano County Recorder’s Office on February 7, 2023, at 3:11 p.m. in Book 26 of Maps of Assessment and Community Facilities Districts at Page 64, as Document No. 202300005079 (Boundary Map); and

WHEREAS, in the Resolution of Formation, the council, among other things, provided for the levy of special taxes upon the land within the CFD and the improvement areas therein to finance certain public facilities and services described in Exhibit A to the Resolution of Formation and approved a rate and method of apportionment of special taxes for Improvement Area No. 1 (Improvement Area No. 1 Rate and Method); and

WHEREAS, in the council’s Resolution No. 2023-32 adopted on February 21, 2023 (Resolution Determining Necessity), the council determined the necessity for the City to incur bonded indebtedness in one or more series (i) on behalf of Improvement Area No. 1 in an aggregate amount not to exceed $90,000,000 (Improvement Area No. 1 Bonded Indebtedne ss Limit) and (ii) on behalf of those portions of the CFD that are not included in Improvement Area No. 1 in an aggregate amount of not to exceed $15,000,000 (Non-Improvement Area No. 1 Bonded Indebtedness Limit); and

WHEREAS, at an election of the qualified electors in Improvement Area No. 1 held on February 21, 2023, the qualified electors approved, among other things, the levy of special taxes according to the Improvement Area No. 1 Rate and Method and the Improvement Area No. 1 Bonded Indebtedness Limit; and

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RES. NO. 2024-222

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WHEREAS, a Notice of Special Tax Lien, which included the Improvement Area No. 1 Rate and Method as Exhibit B (Notice of Special Tax Lien), was recorded in the real property records of Solano County on March 6, 2023, as Document No. 202300009062; and

WHEREAS, pursuant to Ordinance No. 2023-05, introduced by the council on February 21, 2023, and adopted on March 21, 2023, the City Council levied special taxes in Improvement Area No. 1 according to the Improvement Area No. 1 Rate and Method; and

WHEREAS, pursuant to a petition received by the City, the City has been asked by the owner(s) of the required percentage of property in Improvement Area No. 1 to (i) amend the Improvement Area No. 1 Rate and Method to increase the rate of the special taxes, (ii) increase the Improvement Area No. 1 Bonded Indebtedness Limit from $90,000,000 to $100,000,000, and (iii) increase the Non-Improvement Area No. 1 Bonded Indebtedness Limit from $15,000,000 to $20,000,000; and
WHEREAS, the proposed amendment of the Improvement Area No. 1 Rate and Method must occur following a public hearing and must be approved by two-thirds of the votes cast on the proposition at an election of the qualified electors in Improvement Area No. 1.

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

Section 1. Recitals Correct. The foregoing recitals are true and correct.

Section 2. Name and Description of the Affected Area. This Resolution relates to the property in the CFD and Improvement Area No. 1, as described in the Boundary Map.

Section 3. Amendment and Restatement of the Improvement Area No. 1 Rate and Method.

The proposed amended and restated Improvement Area No. 1 Rate and Method (Amended and Restated Improvement Area No. 1 Rate and Method) in the form attached hereto as Exhibit A and incorporated herein by reference is hereby approved by this council, subject to approval by two-thirds of the votes cast on the proposition of amending and restating the Improvement Area No. 1 Rate and Method at an election of the qualified electors in Improvement Area No. 1.

Section 4. Increase in Bonded Indebtedness Limit. The proposed increase in the Improvement Area No. 1 Bonded Indebtedness Limit to $100,000,000 is hereby approved by this council, subject to approval by two-thirds of the votes cast on the proposition of increasing the Improvement Area No. 1 Bonded indebtedness Limit at an election of the qualified electors in Improvement Area No. 1.

The proposed increase in the Non-Improvement Area No. 1 Bonded Indebtedness Limit to $20,000,000 is hereby approved by this council. As provided by the council in the Resolution Determining Necessity, the designation as an improvement area of any territory annexing to the CFD, the maximum amount of bonded indebtedness for such improvement area, the rate and Packet Page 110 of 198Attachment 1 Page 2 of 4

RES. NO. 2024-222

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method of apportionment of special tax for such improvement area and the appropriations limit for the CFD shall be specified and approved in the unanimous approval executed by property owners in connection with their annexation to the CFD, subject to the conditions set forth in the Resolution of Formation. In the event all or a portion of the Future Annexation Area is annexed as one or more Future Improvement Areas (as defined in the Resolution Determining Necessity), the maximum bonded indebtedness of each such Future Improvement Area shall be identified in the unanimous approval of the property owners of the property to be annexed at the time of the annexation, as set forth in the Resolution of Formation, and the amount of the maximum bonded indebtedness for the Future Improvement Area shall be subtracted from the Non -Improvement Area No. 1 Bonded Indebtedness Limit.

Section 5. Public Hearing. The council hereby sets October 15, 2024, at 6:00 p.m. (which date is at least 30 days and not more than 60 days after the date of this Resolution) or as soon thereafter as possible in the Harry T. Price Memorial Council Chamber, 1000 Webster Street, Fairfield, California, as the date, time and place for the public hearin g on the question of the proposed Amended and Restated Improvement Area No. 1 Rate and Method and the increase of the Improvement Area No. 1 Bonded Indebtedness Limit to $100,000,000.

The city clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication shall be completed at least seven days before the date of the public hearing specified above. The notice shall comply with the provisions of Section 53335 of the Act.

Section 6. Amended and Restated Deposit and Reimbursement Agreement. The City and One Lake Holding LLC, a Delaware limited liability company (Developer) previously executed and delivered a Deposit and Reimbursement Agreement, dated as of January 1, 2023, pursuant to which the Developer agreed to advance funds related to formation of the CFD and issuance of bonds for the CFD, and the City agreed to reimburse the advances from any funds available from the CFD, if formed.

An Amended and Restated Deposit Agreement, in the form on file with the city clerk, is hereby approved, to provide for the advance by the Developer of funds to pay certain costs related to the proposed change proceedings initiated hereby. Each of the city manager and the director of finance of the City, acting alone, is hereby authorized and directed to accept from the Developer an additional advance to pay for the proposed change proceedings, and to use the Advances in the manner contemplated by the Deposit Agreement. Each of the city manager and the director of finance, acting alone, is hereby authorized and directed to execute the Amended and Restated Deposit Agreement for and on behalf of the City, and to take all actions necessary to implement the Amended and Restated Deposit Agreement.

Section 7. Appointment of Consultants. The council hereby appoints Jones Hall, a Professional Law Corporation, the bond and disclosure counsel to the City with respect to the Packet Page 111 of 198Attachment 1 Page 3 of 4

RES. NO. 2024-222

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CFD, Public Financial Management, Inc., as municipal advisor to the City with respect to the CFD, and Goodwin Consulting Group, Inc., as special tax consultant to the City with respect to the CFD, to provide services in connection with the proposed change proceedings. Each of the city manager and the finance director, acting alone, is hereby authorized to execute agreements or amendments of existing agreements with Jones Hall, Public Financial Management, Inc. and Goodwin Consulting Group, Inc. as appropriate to accomplish the proposed change proceedings.

Section 8. Further Action. The mayor, city manager, finance director, city clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolu tion.

Section 9. No Obligation. This Resolution shall in no way obligate the council to approve the proposed changes to the Improvement Area No. 1 Rate and Method, the increase of the Improvement Area No. 1 Bonded Indebtedness Limit to $100,000,000, and the increase of the Non-Improvement Area No. 1 Bonded Indebtedness Limit to $20,000,000. The proposed changes shall be subject to the approval of the council by resolution following the holding of the public hearing referred to above.

Section 10. Effective Date. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 13.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 2024223 of the City Council of the City of Fairfield Approving the Submission of the Fiscal Year 20232024 Community Development Block Grant Program Consolidated Annual Performance Evaluation Report to the U.S. Department of Housing and Urban Development (HUD) and Authorizing the City Manager to Execute Any Agreements or Documents Requested by HUD
RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
Staff request that the City Council adopt a resolution approving the Consolidated Annual Performance Evaluation Report (CAPER) for submission to the U.S. Department of Housing and Urban Development (HUD).

The CAPER details fiscal year (FY) 20232024 accomplishments and outlines progress towards achieving the goals established in the FY 20222027 FiveYear Consolidated Plan.

DISCUSSION
The CAPER details the achievements made in FY 2023‐2024 outlined in the FY 2023‐2024 Annual Ac on Plan toward achieving the current FY 2022‐2027 Five‐Year Consolidated Plan goals. HUD funded the City of Fairfield $836,621 in En tlement Funds for FY 2023‐2024 to help meet the priority needs of the lower‐income residents and neighborhoods. Addi onally, the City completed the Linear Park Trail Project which was funded $516,438 in FY 2022‐ 2023. In addi on to the regular en tlement grant, during FY 2023‐2024, the City con nued and completed the Ohio Street Homeless opera ons that the CARES Act funds financed during FY 2020‐2021. During FY 2023‐2024, the City expended $149,691.49 in remaining CDBG‐Cares Act (CDBG‐CV) funds.

The City's highest priori es for public services are homeless services, affordable housing, youth services, and senior services. The City also priori zed housing rehabilita on for lower‐income households. The following summarizes the accomplishments, priority goals, and annual strategies funded in the FY 2023‐2024 en tlement grant.

Priority Agency Amount
funded
Amount
expended
Accomplishment
Seniors Meals on
Wheels
$50,000 $50,0000 Meals on Wheels Elder Nutri on Program provides nutri ous meals daily to reduce senior
meal nutri on and food insecurity and promote
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Goal: 430 people Served 1,124 (Exceeded goal)
Seniors Empowered
Aging
$12,750 $12,749.82 Empowered Aging is an ombudsman program that serves older and disabled adults and their
families by protec ng the rights of those living
in long‐term care, most over 65 and ~30% low‐
income.

Goal: 1,700 people Served: 222
Affordable Housing/
Housing Services
Housing and
Economic
Rights
Advocates
(HERA)
$5,000 $0 HERA addresses the need of low‐income
Fairfield residents for legal services to address
housing‐related concerns, low‐income
homeowner home preserva on concerns, and
the broad range of debt and credit problems
that threaten the ability of low‐income tenants
and homeowners to keep their homes. This
project was canceled during Quarter 1 due to
sub‐recipient program non‐compliance
Goal: 40 people Served: 0
Affordable Housing/
Housing Services
Lions Center
for the Visually
Impaired
$13,000 $12,999.91 Lions Center provides virtual and in‐home independent living skills instruc on and
training to blind and visually impaired adults so
they will maintain their independence and
avoid ins tu onaliza on.

Goal: 35 people Served: 87 (Exceeded goal)
Youth The Leaven $17,000 $17,000 Provides educa onal support, tutoring, and mentoring that empowers and li s students.

Services are primarily provided to low‐income
individuals and families.

Goal: 120 people Served: 255 (Exceeded goal)
Youth Fairfield Police
Ac vity League
$5,000 $950 Addresses the needs of underserved youth in the Fairfield community by providing capacity‐
building services to racially and ethnically
diverse young people from low‐income
households who are placed at a
dispropor onate risk of becoming disconnected
from school and the community needed to help
them prepare to move into posi ons of
leadership, decision‐making, and power at
organiza onal, community, and governmental
levels through leadership development,
personal growth, and transforma on. This
project was incomplete due to ADA site issues.

Goal: 15 Youth Served: 38 Youth (Exceeded
goal)
Youth City of Fairfield
Parks &
Recrea on
Department
$11,000 $11,000 The Parks & Recrea on Department Youth
Scholarship program enables youth of low‐
income families to par cipate in the
department's fee‐based recrea on programs
and events. The funds are distributed on a
sliding scale, based on family income, and
subsidize 25‐100% of the registra on fees.

Goal: 20 Youth Served: 89 Youth (Exceeded
goal)
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Agenda Item No: 13.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 2024223 of the City Council of the City of Fairfield Approving the Submission ofthe Fiscal Year 20232024 Community Development Block Grant Program ConsolidatedAnnual Performance Evaluation Report to the U.S. Department of Housing and UrbanDevelopment (HUD) and Authorizing the City Manager to Execute Any Agreements orDocuments Requested by HUDRECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEStaff request that the City Council adopt a resolution approving the Consolidated Annual PerformanceEvaluation Report (CAPER) for submission to the U.S. Department of Housing and Urban Development (HUD).The CAPER details fiscal year (FY) 20232024 accomplishments and outlines progress towards achieving thegoals established in the FY 20222027 FiveYear Consolidated Plan.DISCUSSIONThe CAPER details the achievements made in FY 2023‐2024 outlined in the FY 2023‐2024 Annual Ac on Plan towardachieving the current FY 2022‐2027 Five‐Year Consolidated Plan goals. HUD funded the City of Fairfield $836,621 inEn tlement Funds for FY 2023‐2024 to help meet the priority needs of the lower‐income residents andneighborhoods. Addi onally, the City completed the Linear Park Trail Project which was funded $516,438 in FY 2022‐2023. In addi on to the regular en tlement grant, during FY 2023‐2024, the City con nued and completed the OhioStreet Homeless opera ons that the CARES Act funds financed during FY 2020‐2021. During FY 2023‐2024, the Cityexpended $149,691.49 in remaining CDBG‐Cares Act (CDBG‐CV) funds.The City's highest priori es for public services are homeless services, affordable housing, youth services, and seniorservices. The City also priori zed housing rehabilita on for lower‐income households. The following summarizes theaccomplishments, priority goals, and annual strategies funded in the FY 2023‐2024 en tlement grant.Priority Agency Amountfunded Amountexpended AccomplishmentSeniorsMeals onWheels $50,000 $50,0000 Meals on Wheels Elder Nutri on Programprovides nutri ous meals daily to reduce seniormeal nutri on and food insecurity and promotesenior independence and socializa on throughhuman connec on.Goal: 430 people Served 1,124 (Exceeded goal)Seniors EmpoweredAging $12,750 $12,749.82 Empowered Aging is an ombudsman programthat serves older and disabled adults and theirfamilies by protec ng the rights of those livingin long‐term care, most over 65 and ~30% low‐income.Goal: 1,700 people Served: 222Affordable Housing/Housing Services Housing andEconomicRightsAdvocates(HERA)$5,000 $0 HERA addresses the need of low‐incomeFairfield residents for legal services to addresshousing‐related concerns, low‐incomehomeowner home preserva on concerns, andthe broad range of debt and credit problemsthat threaten the ability of low‐income tenantsand homeowners to keep their homes. Thisproject was canceled during Quarter 1 due tosub‐recipient program non‐complianceGoal: 40 people Served: 0Affordable Housing/Housing Services Lions Centerfor the VisuallyImpaired $13,000 $12,999.91 Lions Center provides virtual and in‐homeindependent living skills instruc on andtraining to blind and visually impaired adults sothey will maintain their independence andavoid ins tu onaliza on.Goal: 35 people Served: 87 (Exceeded goal)Youth The Leaven $17,000 $17,000 Provides educa onal support, tutoring, andmentoring that empowers and li s students.Services are primarily provided to low‐incomeindividuals and families.Goal: 120 people Served: 255 (Exceeded goal)Youth Fairfield PoliceAc vity League $5,000 $950 Addresses the needs of underserved youth inthe Fairfield community by providing capacity‐building services to racially and ethnicallydiverse young people from low‐incomehouseholds who are placed at adispropor onate risk of becoming disconnectedfrom school and the community needed to helpthem prepare to move into posi ons ofleadership, decision‐making, and power atorganiza onal, community, and governmentallevels through leadership development,personal growth, and transforma on. Thisproject was incomplete due to ADA site issues.Goal: 15 Youth Served: 38 Youth (Exceededgoal)Youth City of FairfieldParks &Recrea onDepartment $11,000 $11,000 The Parks & Recrea on Department YouthScholarship program enables youth of low‐income families to par cipate in thedepartment's fee‐based recrea on programsand events. The funds are distributed on asliding scale, based on family income, andsubsidize 25‐100% of the registra on fees.

Goal: 20 Youth Served: 89 Youth (Exceeded
goal)
Public
Infrastructure/Public
Facili es
City of Fairfield
Public Works
$516,438 $516,438 The Linear Park Trail Ligh ng Project will install new light poles and housing pads to meet
current City standards and be more resilient to
vandalism. This will ensure con nuous ligh ng
along the Linear Park Trail. The ligh ng
encourages safe pedestrian and bicycle travel
on the trail. This project is incomplete due to a
delay in the supplies needed.

CDBG
Administra on
City of Fairfield $167,324 $167,324 General administra on of the CDBG program.

Affordable Housing Housing
Rehabilita on
Revolving Loan
Fund
$350,000 $195,996.03 The Housing Rehabilita on Program provides grants and deferred‐ or low‐interest loans for
necessary repairs for income‐eligible
households. Last fiscal year, four low‐income
residents received CDBG Housing Rehab grants.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice announcing the 15day public comment period was published in the Fairfield Daily Republic newspaper on August 19, 2024, in English, Spanish, and Tagalog. The notice advised the public of the public hearing to be held on the September 3, 2024, City Council meeting. The report was available at six Fairfield locations and on the City's website.

ALTERNATIVE ACTION
The council may choose not to take the recommended action; however, the CAPER is the final reporting requirement in the annual funding cycle by HUD and ensures that the City meets all HUD compliance requirements to receive continued CDBG entitlement funding.

STAFF CONTACT
LaTanya Terrones, Sr. Project Manager
(707) 4287454
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed CAPER
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/20/2024 8:13 AM
Packet Page 149 of 198

CITY OF FAIRFIELD

RESOLUTION NO. 2024-223

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SUBMISSION OF THE FISCAL YEAR 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT TO THE U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT (HUD) AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ANY AGREEMENTS OR DOCUMENTS REQUESTED BY HUD

WHEREAS, to receive Community Development Block Grant (CDBG) funds, the U.S. Department of Housing and Urban Development (HUD) requires the submission of a Consolidated Annual Performance Evaluation Report (CAPER) to report on the progress made towards the annual action plan; and

WHEREAS, the CAPER summarizes the achievements of funded public services and non -public service activities during the fiscal year and is the final required activity by HUD in the annual CDBG funding cycle; and

WHEREAS, a notice was published in the Fairfield Daily Republic newspaper on August 18, 2024, announcing the 15-day public comment period from August 19, 2024, through September 3, 2024. The notice advised the public of the public hearing on the September 3, 2024, City Council meeting.

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

Section 1. The council approves the submission of the CAPER for fiscal year (FY) 2023-2024 to HUD.

Section 2. The city manager is hereby authorized and directed to take all necessary actions to submit the CAPER for FY 2023-2024 to HUD and execute any agreements requested by HUD.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

______________________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 150 of 198Attachment 1 Page 1 of 1

Community Development
Block Grant Program (CDBG)

FY 2023-24 CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION

REPORT (CAPER)
Second Year of the 2022-27 Consolidated Plan

Housing Services Department
1525 Webster Street, Suite B
Fairfield, CA 94533-4883

Packet Page 151 of 198Attachment 2 Page 1 of 25

CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Fairfield to offer documents in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format, or if you require any other accommodation or language assistance, please contact LaTanya Terrones by telephone at (707) 428-7454 or by email at [email protected]. Hearing impaired individuals may call the California Relay Service at (800) 735-2929 or TDD (707) 399-5623 for assistance.

Packet Page 152 of 198Attachment 2 Page 2 of 25

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This overview could include major initiatives and highlights proposed and executed throughout the program year. Fiscal Year 2023-2024 was the second year of the 2022-2027 Consolidated Plan. The City of Fairfield received $836,621 in Entitlement funding to address the needs and priorities described in the Consolidated Plan. In addition to the annual Entitlement funding, the city also allocated $150,000 of the remaining CARES Act funding to address the impacts of the COVID-19 Pandemic. The city also used unallocated prior-year funds to address the needs of the Strategic Plan. The city spent $1,518,021.36 to address the needs of the Strategic Plan.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each grantee's program year goals

.Goal Category Source /
Amount
Indicator Unit of
Measure
Expec
ted –
Strate
gic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Administratio
n
Administratio
n
CDBG:
$167,324 Other Other 5 2

40.00% 1 1
100.00%
Affordable
Housing
Affordable
Housing CDBG: $ Rental units
rehabilitated
Household
Housing
Unit
50 0

0.00% 0 0
Affordable
Housing
Affordable
Housing
CDBG:
$195,996
Homeowner Housing
Rehabilitated
Household
Housing
Unit
10 10
100.00% 10 3

30.00%
Economic
Development
Non-Housing
Community
Development
CDBG: $ Businesses assisted Businesses
Assisted 1 0

0.00% 0 0
Packet Page 153 of 198Attachment 2 Page 3 of 25

CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Fair Housing
Non-Housing
Community
Development
CDBG: $
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 200 100

50.00% 0 0
Fair Housing
Non-Housing
Community
Development
CDBG: $
Public service activities
for Low/Moderate
Income Housing Benefit
Households
Assisted 0 0 0 0
Homeless
Prevention Homeless CDBG: $
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 0 37 0 0
Homeless
Prevention Homeless CDBG: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted 20 3

15.00% 0 0
Homeless
Prevention Homeless CDBG: $ Homelessness
Prevention
Persons
Assisted 150 37

24.67% 0 0
Homeless
Services Homeless CDBG: $
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 0 49 0 49
Homeless
Services Homeless CDBG: $
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 0 12 0.00% 15 0

0.00%
Homeless
Services Homeless CDBG: $ Homeless Person
Overnight Shelter
Persons
Assisted 600 109

18.17% 0 109
Packet Page 154 of 198Attachment 2 Page 4 of 25

CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Homeless
Services Homeless CDBG: $
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 0 34 0.00% 0 18
Homeless
Services Homeless CDBG: $ Housing for Homeless
added
Household
Housing
Unit
0 0 0.00% 0 0
Public
Facilities and
Infrastructure
Community
Development
CDBG:
$888,567
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 5000 12000
240.00% 5000 12000
240.00%
Special Needs
Populations
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$75,750
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 350 5609
1,602.57% 515 1433
565.24%
Youth
Non-Housing
Community
Development
CDBG:
$40,693
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 300 744
248.00% 50 382
764.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The Community Development Block Grant (CDBG) funds were used to address the priorities and specific objectives identified in the FY 2022- 2027 Consolidated Plan. All funded activities meet at least one of the highest priority needs identified in the Consolidated Plan. The city has made progress in meeting the goals and objectives of the Five-Year Consolidated Plan. During FY 2023-2024, CDBG-funded public service projects provide a wide range of social services to more than 3,000 low-income households, including the Fairfield community's homeless, Packet Page 155 of 198Attachment 2 Page 5 of 25

CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
seniors, and youth.

Affordable Housing/Housing Services

Housing and Economic Rights Advocates (HERA)
HERA addresses the need of low-income Fairfield residents for legal services to address housing-related concerns, low-income homeowner home preservation concerns, and the broad range of debt and credit problems that threaten the ability of low-income tenants and homeowners to keep their homes. This project was canceled due to non-compliance with the city’s policies

Funded: $ 5,000 Expended: $ 0
Goal: 40 people Served: 0

SENIORS/ SPECIAL POPULATIONS

Meals On Wheels Solano County
Meals on Wheels Elder Nutrition Program provides nutritious meals daily to reduce senior meal nutrition and food insecurity and promote senior independence and socialization through human connection. The challenging economy impacted operations for this program. More individuals were in need.

Funded: $ 50,000 Expended: $ 50,000
Goal: 430 people Served: 1,124 (Significantly exceeded goal)

Empowered Aging
Empowered Aging is an ombudsman service. This program serves older and disabled adults and their families by protecting the rights of those living in long-term care, most over 65 and ~30% low-income. Most clients served have disabilities and impairments requiring care and assistance with at least three activities of daily living; more than half experience the effects of dementia and two additional co-occurring conditions such as diabetes, heart disease, mental illness, etc.

Funded: $ 12,750 Expended: $ 12,750
Goal: 1,700 people Served: 222

Lions Center for the Visually Impaired
Provide virtual and in-home independent living skills instruction and training to blind and visually impaired adults so they will maintain their independence and avoid institutionalization.

Packet Page 156 of 198Attachment 2 Page 6 of 25

CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Funded: $ 13,000 Expended: $ 13,000
Goal: 35 people Served: 87 (Exceeded goal)

YOUTH

Leaven Kids
Provides educational support, tutoring, and mentoring that empowers and lifts students. Services are provided to primarily low-income individuals and families.

Funded: $ 17,000 Expended: $ 17,000
Goal: 120 people Served: 255 (Significantly exceeded goal)

Fairfield Police Activities League
The program addresses the needs of underserved youth in the Fairfield community by providing capacity-building services to racially and ethnically diverse young people from low-income households. Most students are at a disproportionate risk of becoming disconnected from school and community. The students obtain help to prepare to move into positions of leadership, decision-making, and power at organizational, community, and governmental levels through base-building, leadership development, personal growth, and transformation.

Funded: $ 5,000 Expended: $ 950
Goal: 15 Youth Served: 38 Youth (Significantly exceeded goal)

City of Fairfield Parks and Recreation Department
The Fairfield Parks and Recreation Department Youth Scholarship program addresses the need for youth recreational activities for low-income families in the Fairfield community by enabling youth of low-income families to participate in Fairfield Parks and Recreation ” 'department’s fee- based recreation programs and events. The funds cover 100% of the registration fees for 25 students on a sliding scale based on family income.

Funded: $ 22,743 Expended: $ 22,743
Goal: 20 Youth Served: 89 Youth

Public Infrastructure/Public Facilities

Packet Page 157 of 198Attachment 2 Page 7 of 25

CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
City of Fairfield Public Works
The Linear Park Trail Lighting Project will install new light poles and housing pads to meet current City standards and be more resilient to vandalism, ensuring continuous lighting along the Linear Park Trail. The constant lighting encourages safe pedestrian and bicycle travel along the trail, allowing residents to traverse through the city.

Funded: $ 516,438 Expended: $ 347,190.75 ( This project takes place over a span of 2 fiscal years. Total budget has been expended)

City of Fairfield Public Works
The Lee Bell Park Pathway Project will address many gaps in the sidewalk at the walkway of lee Bell Park. The project will install new sidewalks to encourage pedestrian activity by filling the missing sidewalk gaps along the pedestrian path, providing safer and more clearly defined connectivity between the residential areas, businesses, and destinations.

Funded: $543,804 Expended: $541,376.50

Housing Rehabilitation
The Housing Rehabilitation Program provides grants and deferred or low-interest loans to income-eligible households that need home repairs. The program allocates funding to improve and maintain the housing stock, remove architectural barriers, and reduce blighted conditions in low-income neighborhoods. This past fiscal year, 4 CDBG Housing Rehabilitation Grants were issued to serve low-income residents. Although no loans were issued, applications are being reviewed and processed to assist various households while fully preparing to reactivate the Housing Rehabilitation Program.

Expended: $ 195,996.03

Administration of the CDBG Program
FY 2023-2024, funds are allotted for the administration of the CDBG program to assure that community needs and key objectives of the CDBG program are achieved.

Expended: $ 167,324

Total spent for all CDBG Entitlement programs: $ 1,368,330

Packet Page 158 of 198Attachment 2 Page 8 of 25

CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 1,145
Black or African American 384
Asian 103
American Indian or American Native 14
Native Hawaiian or Other Pacific Islander 17
Total 1,663
Hispanic 377
Not Hispanic 1,432
Table 2 – Table of assistance to racial and ethnic populations by source of funds

Narrative
The city of Fairfield promotes equal housing for all. The city works with its sub-recipients to ensure that services are made available to all demographics, targeting low-moderate income residents. This table does not show all the races served using the CDBG grant funds. A total of 1819 individuals served with CDBG funding during the fiscal year. The chart above does not represent all the races served. One hundred fifty-six (156) individuals identified their race as other and, are omitted in this chart. All ethnicity’s claimed are included in the table.

Packet Page 159 of 198Attachment 2 Page 9 of 25

CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,533,812 1,368,330
Table 3 - Resources Made Available

Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
City of Fairfield 100 100 Citywide Service Area

LOW/MODERATE INCOME
CENSUS TRACTS 65 65
Public Infrastructure funding
used in the Low/Mod Census
tracts
Table 4 – Identify the geographic distribution and location of investments Narrative
The City of Fairfield is committed to utilizing federal funding to support low-moderate-income residents.

While CDBG resources are available throughout the city, the public infrastructure projects were isolated to the Low/Moderate income census tracts to support the advancement of those communities.

The FY 2023-2024 Annual Action Plan allocated all the available resources the city had. This included the annual entitlement allocation as well as the prior year’s income. Prior Year income includes both Housing and Economic Development Revolving Loan fund programs. The funds were used to address the city’s high-priority needs. $46,550 in Low Mod Income Housing Affordability Fund (LMIHAF) funds were used to provide Fair Housing Services to the Fairfield Community.

In addition to the annual allocation and prior year funds, the city also received $1,198,683 in CARES ACT funding during FY 2020-2021 in response to the Coronavirus(Covid 19). The remaining CARES Act funds were expended during this fiscal year. All projects were consistent with preventing, responding to, and/or preparing for the COVID-19 Pandemic. $150,000 of the CARES Act funds were remaining and allocated during FY 23-24.

Packet Page 160 of 198Attachment 2 Page 10 of 25

CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
• Ohio Street Homeless Shelter The City owns the property where Ohio St. Shelter is operated. CDBG and other local funds were used to rehabilitate the property. The city supports the shelter’s operations through CDBG and the TBRA program. Currently, the property is being leased to the Shelter operator. The Operator uses CDBG funds to leverage other funds to operate the homeless shelter and has served multiple homeless Fairfield residents.
• Tabor Commons: The developer for Tabor Commons used CDBG funds to acquire the property from a private owner. The developer is working with the city to leverage City funds and Housing Authority funds to develop 67 affordable housing units. The city has committed funds from the Local Housing Trust Fund and committed 20 Project-Based Voucher for this project.
• Habitat for Humanity – 3 homeownership units. The city is working with Habitat for Humanity and has transferred a vacant parcel that will accommodate three homeownership units to households at or below 80% AMI. The three units are still in construction, with anticipated completion date of fall 2024 • Parkside Flats The City completed negotiations with a developer to develop 168 affordable housing units. The construction on the project is currently underway and is set to complete construction in winter 2025.
• Fair Housing-The city utilizes local funds to support Fair Housing Services and Training for the residents, owners and staff of the City of Fairfield. The city supported Fair Housing Advocates of Northern California with $46,550 to provide Fair Housing training for owners and staff, training for First time Home Buyers as well as fair housing services to more than 50 Fairfield residents.
• Tenant Based Rental Assistance (TBRA)-The City receives HOME funds from California Housing and Community Development Department(HCD). With these funds, the city has created a TBRA Program to support the homeless and at-risk homeless individuals with rental assistance for a period of up to 24 months. The rental assistance is coupled with wrap-around supportive services, which is supported by the city’s community partners.

Packet Page 161 of 198Attachment 2 Page 11 of 25

CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction’s progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 10 3
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 10 3
Table 5 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 10 3
Number of households supported through
Acquisition of Existing Units 0 0
Total 10 3
Table 6 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

Due to a delay in the city’s Housing Rehab program, the city couldn’t assist as many homeowners with rehabilitation as anticipated. During the fiscal year, the city has made great efforts to advertise the rehabilitation program further. While the city 'didn’t help as many homeowners as anticipated during the fiscal year, the community has shown great interest in the program, with many applicants on the waiting list. The city anticipates more applications than the funding will allow in the upcoming fiscal year.

Packet Page 162 of 198Attachment 2 Page 12 of 25

CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)

Discuss how these outcomes will impact future annual action plans.

The city anticipates that in future annual action plans, there will be more applicants than the city has funding for. Therefore, it will closely monitor the application and funding process. Continual advertisement of the rehabilitation program will continue to be a focus for the city’s most vulnerable homeowners.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 1 0
Low-income 1 0
Moderate-income 1 0
Total 3 0
Table 7 – Number of Households Served

Narrative Information
During the year, the city supported three low-moderate income households with housing rehabilitation for their units. The city is deeply committed to addressing the identified needs in the 2022-27 consolidated plan as much as possible. Housing rehabilitation allows the city to preserve existing housing for low-moderate-income households, preventing homelessness. In addition to preserving the existing housing, the city continues to work with developers to provide affordable housing to the city’s most vulnerable population.

Packet Page 163 of 198Attachment 2 Page 13 of 25

CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Fairfield Homeless Services Division and Police Department’s Homeless Intervention Team (HIT) conducts regional outreach efforts in partnership with area law enforcement, social services, mental health, healthcare, libraries, faith based-organizations, shelter services, animal care, housing providers, and crisis intervention teams to reach those who are unsheltered and connect them to resources.

The Homeless Services Division and HIT assist those who are unhoused to connect to emergency shelter beds funded by the City of Fairfield, housing resources, and other services needed to overcome their unhoused situation. HIT team respond not only to concerns reported from the community, but proactively connect to those who are unsheltered in the community and offer available resources.

Additionally, Homeless Services Division conducts centralized provider events that bring resources to the community in a centralized location several times a year. Services brought together include mobile showers, food, clothing, medical, behavioral health, and dental services, legal, substance abuse support, veteran services, haircuts and shaves, pet care, linkages to housing and other social services. The annual community resource fairs bring 40+ providers to one site reaching over 100 unhoused or at-risk individuals.

Lastly, the Homeless Services Manager has led regional efforts in assessing, coordinating, and improving outreach services not only in the City of Fairfield but across of Solano County. The efforts have especially looked at racial disparities in the rates of those who are unhoused in the community and those receiving services.

Addressing the emergency shelter and transitional housing needs of homeless persons The City of Fairfield Homeless Services Division oversees contracts with three year-round emergency shelter and one transitional homeless to work programs located within the City of Fairfield. The City of Fairfield provides operational funds and results of investment accountability with the partner non-profit agencies that supported on average 65 beds a night across the three shelters. These shelters average over 94% occupancy rate for City Fairfield Packet Page 164 of 198Attachment 2 Page 14 of 25

CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
funded beds. The three emergency shelters average (combined) 59% success rate of positive exits to a housing solution with 51% of that being an exit to permanent housing.

In September 2023, with financial assistance to build and operate from the City of Fairfield, a new shelter site opened utilizing pallet shelters increasing sheltering capacity within the City of Fairfield by 18 beds.

The City of Fairfield also directly provided and overseen county funding for necessary maintenance and capital improvements for the other existing shelter programs to assist with the structural improvements needed to maintain and increase sheltering capacity on the shelter program campuses.

Additionally, the City of Fairfield launched a (limited) motel program that provided motel rooms for those working with our HIT team to move into permanent housing solutions or awaiting a space at one of the emergency shelters. This program was extremely successful assisting 20 unhoused individuals with a 90% success rate to housing solutions. The program was funding limited but due to the success, the Homeless Services Division has been able to secure some additional funding for the next fiscal year.

Lastly, City of Fairfield partners with a faith-based partner in providing an inclement weather shelter during the winter months.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs

The Homeless Services manager sits on the Board for Solano County’s Continuum of Care, Housing First Solano, providing expertise and advocacy for the best use of funds coming into the county to addressing houselessness and those at-risk including prevention assistance.

Homeless Services Division assists probation, local health systems, and behavioral heath in accessing the shelter beds or other housing solutions. Homeless Services Division contributes finically and works in partnership with Resource Connect Solano, Family Justice Center, and the Family Resource Center to connect households with prevention and rehousing assistances the address their unique needs.

Packet Page 165 of 198Attachment 2 Page 15 of 25

CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)

Lastly, through the Homeward Bound program the HIT team assists those being discharged from institutional facilities located within the city receive transportation back to their support systems with housing solutions and avoid being displaced into houselessness.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Homeless Services manager sits on the Board for Solano County’s Continuum of Care, Housing First Solano, providing expertise, advocacy, and best practices in addressing houselessness and those at-risk including prevention assistance. As a board officer, Homeless Services Manager has worked closely with the service partners to improve the quality of outcomes and shortening the length of time unhoused. The county has transferred the HMIS database it is utilizing into a more user-friendly for provider host increasing accountability, better coordinating of services, monitoring of progress across the continuum, and working towards improving systems to decrease length of time it takes to access services and transition out of the systems of case and into permanent and stable housing solutions. This never system will also assist in tracking patterns for the community to understand the rates of returning to houselessness within the county.

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CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)

Actions taken to address the needs of public housing
The City of Fairfield ensures that all the Public Services resources are made available to participants in our Housing programs. While the city conducted a needs assessment in early 2022, the needs and desires of the city” 's low-moderate-income individuals were assessed.

This included the needs of the Housing Choice Voucher Program participants. Therefore, the city can address the needs of the community all around.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
During Fiscal year 2023-2024, the City of Fairfield held a First Time Homebuyer workshop.

Housing Authority participants and city residents were informed of the workshop so that they could participate and learn about the benefits of homeownership.

Actions taken to provide assistance to troubled PHAs
The City of Fairfield is not a troubled PHA therefore there are no actions to take.

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CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Fairfield reviews its policies, Zoning Ordinance, and development regulations continuously to reduce barriers to affordable housing. During the past five years, the city has adopted and continues to implement the following:
• 2023-31 Housing Element. The city continues to implement the Fairfield Housing Element, which was certified by the State of California Department of Housing and Community Development (HCD). This Housing Element plans and zones for the Regional Housing Needs Allocation (RHNA) for the creation of 3,100 units of housing. Of these, 779 are to be affordable for households earning 0-30% of the Area Median Income (AMI), 404 to be affordable for households earning from 31-50% AMI, 456 to be affordable for households earning from 51-80% AMI, and 1,461 to be affordable for incomes higher than 80% AMI.
• Fairfield Train Station Specific Plan (FTSSP). The city continues to implement the FTSSP, a major new Transit-Oriented Community master plan (“Plan”)developed along with the new Capitol Corridor Train Station at the southeast corner of Peabody Road and Vanden Road. The Plan addresses the development of approximately 2,970 acres of land in northeastern Fairfield near the station (not in the NRSA). The Plan provides 1,050 dwelling units in a range of housing types, including condominiums, townhomes, and small lot single-family homes.
• Building and permit fee updates. The city analyzed its current fee schedule and made updates to the fee schedule per the results of the study.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The city has many underserved needs but has made good strides in meeting all those outlined in the Consolidated Plan and Action Plan in FY 2023-24, as outlined in this report. The city continued its work with local nonprofits and other agencies to facilitate activities and projects benefitting special-need populations, including people experiencing homelessness, seniors, and disabled people. Housing Rehabilitation and several new affordable housing projects are underway. The city continues to enhance the neighborhoods in low-moderate income census tracts to ensure that the residents of those communities have access to equal resources.

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CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead is a leading environmental threat to children’s health in the U.S., and children under six years old and fetuses are at the greatest risk of harmful health effects from lead poisoning.

When children are exposed to lead—usually through contaminated dust, paint, or soil—it can have lifelong adverse effects. No safe blood lead level in children has been identified. Even low levels of lead in blood have been shown to disrupt postnatal growth, hearing, and learning disabilities, lowered IQ scores, behavioral problems, difficulty paying attention, and hyperactivity. The effects of lead exposure cannot be corrected. The key is stopping children from encountering lead and treating children who have been poisoned by lead.

The City of Fairfield Housing Rehabilitation, Loan and Grant program complies with Title 24 CFR Part 35. It has a lead-based paint policy and procedures that comply with HUD regulations, as well as a relocation plan. The city complies with Lead Hazard Assessment and Evaluation regulations and Lead Hazard Reduction, defined in Subpart R of the regulation. All documentation is retained in the project file. There were four homes during the fiscal year where a lead-based paint assessment was completed. 2 of the 4 units assessed were built before 1978. Those 2 units were exempt from lead-based paint remediation as no work was completed that disturbed lead-based paint.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The city continues to create affordable housing opportunities reducing the rent burden for low- income renters. Through the Housing Choice Voucher Program, the city serves more than 700 families with rental subsidies, allowing families to pay 30% of their income towards the rent.

The city also recently pulled 100 families from its waiting list to help additional families reduce their rent burden, reducing the number of families in poverty. In addition, the city held a First- Time Homebuyer workshop. This workshop was open to all Fairfield residents. They learned the benefits of home ownership. Doing so creates an opportunity for residents of all income levels to prepare for the needs of homeownership, which creates additional housing opportunities.

During FY 2023-24, Fair Haven Commons, an affordable housing development, opened for occupancy. Fair Haven is an affordable housing community for both low-income and chronically homeless families. Fair Haven provides full wraparound support for the families, preparing them for a life outside of poverty. Fair Haven has 72 units of affordable housing, of which 51 are Project Based Voucher units.

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CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The city is committed to improving coordinated, effective programs that improve access to affordable housing. During FY 2023-24, the ” 'city’s Housing Services Department worked closely with the Planning Department to apply for ” 'California’s ProHousing Designation. Being awarded with this designation, allows the city to be recognized as a jurisdiction that has created policies and ordinances that allow for affordable housing to be more streamlined, therefore increasing the opportunities for housing production. This also eliminated unnecessary regulatory impediments to the development of affordable housing.

Additionally, the city has enacted a process to conduct an inclusionary housing study. This study involves multiple departments and developers and will allow the city an opportunity to generate funding to support ongoing affordable housing development opportunities.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The city creates strategic partnerships to enhance the availability of resources and to leverage services provided to low- and moderate-income residents and neighborhoods. Annually the City and Fairfield Housing Authority sign a “Consistency with the Consolidated ”Plan’ document.

This document ensures that activities taken throughout the year are consistent with the strategic goals outlined in the Consolidated Plan.

Additionally, with the CDBG Program, the city can partner with public service agencies that bring services directly to the low-moderate income residents.

Housing Successor Agency. The Housing Authority of Fairfield serves as the Successor agency to the former Redevelopment Agency. As such, it administers all remaining assets and loan payoffs of the agency. An upcoming project with MidPen has been previously discussed. Some units may have Section 8 project-based or other types of subsidies attached and may have accompanying supportive services.

CAP Solano JPA and CoC. Through homeless Continuum of Care funding, important supportive services can be paired with affordable housing to enhance housing success for chronically homeless residents, those with mental illnesses, and those with other disabilities.

As part of the City of Fairfield adopted the Homeless Strategy, the city entered a three-year Memorandum of Understanding with the County of Solano and all seven cities to expand and support the county-wide Coordinated Entry System, Resource Connect Solano. Through this MOU, Resource Connect Solano will be able to increase case management, hire a housing navigator, and create a landlord incentive program to house those more difficult to place.

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CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Impediment #1 INCREASE CITY AND DEVELOPER AWARENESS OF AREAS OF RESIDENTIAL

SEGREGATION
The Housing Services Department works closely with other city departments, including the Housing Authority, Planning and Public Works, to provide them with information related to the Low-Income Census Tracts, as well as maps to determine areas of minority concentration. Providing this information has increased the knowledge for departments to help make decisions and to provide information to developers for new developments within the city.

Impediment #2 DEVELOP STRATEGIES TO INCREASE AFFORDABLE HOUSING The city has reviewed all its available properties available for development. The city has followed all the Surplus Land Act, which requires the city to market all surplus land to affordable housing developers prior to disposition. In following this state law, the city can seek opportunities to increase affordable housing. Additionally, the city has recently been recognized as a Prohousing City by the State of California, which allows the city to recognize that the city has streamlined process to increase affordable housing opportunities. It also places the city in a position to receive incentives for developing more affordable housing. The city has also developed a Development Policy which identifies the city’s steps when developing new affordable housing. This information includes information related to loans, grants, zoning and any other incentives that the city may offer.

Impediment #3: REDUCE INSTITUTIONAL BARRIERS TO AFFORDABLE HOUSING DEVELOPMENT The city has established a Housing Development Policy which outlines the steps that the city will take related to housing development. Within the policy, the city outlines the development process and other policies that would impact how the city and developer would operate for the development of affordable housing. Additionally, the city recently completed a development fee study and updated all its fees in accordance with the results of the study.

Impediment #5: FAIR HOUSING FUNDING, REPORTING, MONITORING, AUDITING AND PUBLIC

EDUCATION
The city currently funds Fair Housing of Northern California (FHANC) using Low-Moderate Income Housing Affordable Housing Funds (LMIHAF) to support these efforts. FHANC provides services to Fairfield residents to address housing discrimination. Additionally, FHANC conducted a Fair Housing Training for City staff as well as Landlords throughout the city to increase awareness of housing laws. FHANC provides resource information throughout the city so that residents have access to the resources as well as so that they are aware of the FHANC services.

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CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Fairfield has been working diligently to ensure both long-term and short-term compliance with federal regulations and timeliness requirements of the CDBG program, including compliance with Davis-Bacon, NEPA environmental review, Americans with Disabilities Act and Section 504, Equal Opportunity Act, Civil Rights and Fair Housing regulations, Minority and Women Business Enterprise outreach, Section 3, and all other applicable regulations and requirements.

A new Analysis of Impediments was created to coincide with the updated Consolidated Plan. That document will be updated regularly to synchronize with the Consolidated Plan. Action Plans and CAPERs work to achieve the vision and goals outlined in the Consolidated Plan.

Risk and Monitoring. The city conducts an initial pre-award risk analysis, which is the initial review of an application, and annually performs a post-award risk analysis on all sub-recipients. Agencies/programs scoring in the range of high risk and some in medium risk receive physical site monitoring. During site monitoring, staff inspect the site, interview agency staff, verify source data from quarterly reports, and review project files using Consortium Program and Financial monitoring forms.

All monitoring contact letters, the completed joint monitoring forms, final monitoring results, and any follow-up communication about the monitoring are electronically submitted and stored in the City Data Services online reporting system. Monitoring Findings, Concerns, and/ or Observations are noted in the files. City staff works with subrecipients under monitoring to resolve issues promptly.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

During FY 2023-24, the public received multiple opportunities to comment on performance reports. A Public Notice was published on September 1, 2023, allowing residents a chance to review the FY 2022-23 CAPER.

The Public Notice for the CAPER was posted for public comment on August 19, 2024. The Draft CAPER was posted on the city’s website for viewing and available on the 1st Floor Lobby of City Hall, at the Community Development Department and City Clerk’s office, the Housing Authority, the Solano County Library Downtown Fairfield Branch, and the Fairfield Transportation Center. The council conducted a Public Meeting to consider the CAPER on Tuesday, September 3, 2024, at 6:00 p.m. at which the public has an opportunity to comment.

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CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The city did not face any challenges with the current objectives.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

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CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

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CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided

Total Labor Hours CDBG
Total Number of Activities 2
Total Labor Hours 544
Total Section 3 Worker Hours 304
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Other.

Table 9 – Qualitative Efforts - Number of Activities by Program

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Agenda Item No: 14.

AGENDA REPORT
DATE:September 3, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
First Reading and Introduction of Ordinance 202407 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code, also Known as the Zoning Ordinance, to Create a Land Use Definition for "Mini Storage: Interior" and Conditionally Permit the Use in the Industrial Business Park District; Create a Land Use Definition for "MiniStorage: Exterior;" and Adjust Various Land Use Regulations Pertaining to "MiniStorage: Interior" and "MiniStorage:

Exterior" Uses
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only, and introduce an ordinance for first reading.

STATEMENT OF ISSUE
Mick duPont and Zachary Wright of 360 Campus Fairfield, LLC (applicants) filed a Zoning Ordinance Amendment application to create a land use definition for “Ministorage: Interior” and conditionally permit the use in the Industrial Business Park (IBP) District. The applicants intend to convert an existing 71,927squarefoot office building at 360 Campus Lane into an indoor ministorage facility with the approval of the Zoning Ordinance Amendment request. Conversion of the office building into a mini storage facility is subject to a separate Zoning Administrator approval of a Use Permit at the Planning Division staff level. Ministorage uses are prohibited in all zoning districts except for the Service Commercial (CS) District, where they are permitted by right, and the Limited Industrial (IL) District, where they are conditionally permitted.

DISCUSSION
General Plan Consistency:

The IBP District implements the Business and Industrial Park land use designation under the existing General Plan. Properties with the Business and Industrial Park and IBP District designations are typically developed as masterplanned business and industrial parks in campuslike settings. Suitable uses include administrative and professional offices, research and development, business support services, and limited warehousing, distribution, manufacturing, and assembly facilities.

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Ministorage uses are not permitted in the IBP District because they are generally incompatible with the campuslike setting of masterplanned business and industrial parks. This is particularly the case when ministorage facilities involve vehicular access to exterior storage units, moving truck and trailer rentals, and/or outdoor storage of boats and RVs. Furthermore, ministorage facilities are typically not a high employmentgenerating use that the City has historically envisioned for the IBP District.

Ministorage facilities can be compatible with the Business and Industrial Park land use designation and IBP District on a limited basis and when designed appropriately. For example, a ministorage facility that is sited within a climatecontrolled building with only interior access to individual storage units and no outdoor storage can be compatible with a campuslike setting. An interior ministorage facility can have the visual appearance of an office building, which would be compatible with a business and industrial park in terms of design.

Zoning Ordinance Amendments:

Land Use Definitions:Staff supports the creation of two land use definitions for ministorage uses to differentiate between interior and exterior facilities.

Interior ministorage uses would be defined as follows:

Ministorage: Interior.Establishments primarily offering individualized enclosed storage spaces for rent or lease to the general public, including selfstorage and ministorage facilities. This use includes individual storage spaces that are climatecontrolled and only accessible from the interior of a building, with a limited number of common loading doors to the outside. These uses may include a caretaker’s residential unit within the building and the retail sales of moving and storage supplies, as an accessory use to the facility. This use excludes moving trucks and trailer rentals and the outdoor storage of moving equipment, vehicles, trucks, RVs, and boats.

Exterior ministorage uses would be defined as follows:

Ministorage: Exterior.Establishments primarily offering individualized enclosed storage spaces for rent or lease to the general public, including selfstorage and ministorage facilities. This use includes individual storage spaces with exterior or outdoor access. These uses may include a caretaker’s residential unit, moving trucks and trailer rentals or the retail sales of moving and storage supplies, as accessory uses to the facility. This use excludes establishments where the primary use is outdoor vehicle storage.

Land Use Regulations:Staff recommends that “Ministorage: Interior” uses be conditionally permitted in the IBP District. Furthermore, staff recommends the addition of a note under Table 2511 prohibiting “Ministorage: Interior” facilities from being located within a ½ mile radius of an existing facility. This minimum separation requirement would prevent the potential for there being an overconcentration of this use in the City’s business and industrial parks. Staff recommends that “Ministorage: Exterior” uses be prohibited in the IBP District.

As the staff is recommending the creation of interior and exterior land use definitions for mini storage facilities, multiple Zoning Ordinance land use tables will also need to be amended accordingly:

Amend Table 251 to prohibit “Ministorage: Exterior” and “Ministorage: Interior” in all residential zoning districts.

Amend Table 259 to permit “Ministorage: Exterior” and “Ministorage: Interior” by right in the CS District.

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Amend Table 259 to permit “Ministorage: Exterior” and “Ministorage: Interior” by right in the CS District.

Amend Table 25H1 to prohibit “Ministorage: Exterior” and “Ministorage: Interior” in all Heart of Fairfield Plan zoning districts.

Amend Table 2511 to conditionally permit “Ministorage: Exterior” and “Ministorage: Interior” in the IL District (in addition to the IBP District).

Environmental Review:The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations. The Zoning Ordinance amendments constitute minor code text changes pertaining to mini storage uses and the way they are regulated in terms of land use. These changes will not result in any new substantial physical changes to the environment. Furthermore, subsequent Use Permit applications for interior ministorage facilities in the IBP District will require additional analysis.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public Contact:The following public notifications were provided for the September 3, 2024, City Council meeting: published a public hearing notice in the Daily Republic newspaper on the City’s Planning Division webpage on August 21, 2024. The staff has not received any correspondence at the time of this writing.

Advisory Body Recommendation: On July 24, 2024, the Planning Commission held a public hearing on the Zoning Ordinance Amendment request that was duly noticed on the City’s Planning Division webpage on July 12, 2024, and in the Daily Republic newspaper on July 14, 2024. Following the closure of the public hearing, the commission adopted Resolution No. PC202405 in a 70 vote, recommending council approval of the proposed Zoning Ordinance Amendment.

ALTERNATIVE ACTION
The council may choose to do any of the following: (1) approve the proposed Zoning Ordinance amendments, as recommended by the commission and staff; (2) provide direction to staff to revise the proposed amendments for council review at a future meeting; or (3) deny the proposed amendments.

Denial of the proposed amendments would maintain the status quo as it pertains to ministorage land use regulations. Additionally, the application to convert the existing office building at 360 Campus Lane into an interior ministorage facility would not proceed.

STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 4287387
[email protected]
COORDINATED WITH
City Manager's Office
ATTACHMENTS:

Description
Proposed Ordinance
Planning Commission Resolution PC202405
Planning Commission Draft Minutes of July 24, 2024
Planning Commission Staff Report 07/24/2024
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Agenda Item No: 14.AGENDA REPORTDATE:September 3, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; and First Reading and Introduction of Ordinance 202407 of the City Council of the City ofFairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code,also Known as the Zoning Ordinance, to Create a Land Use Definition for "MiniStorage: Interior" and Conditionally Permit the Use in the Industrial Business ParkDistrict; Create a Land Use Definition for "MiniStorage: Exterior;" and Adjust VariousLand Use Regulations Pertaining to "MiniStorage: Interior" and "MiniStorage:Exterior" UsesRECOMMENDED ACTIONHold public hearing; waive full reading, read by title only, and introduce an ordinance for first reading.STATEMENT OF ISSUEMick duPont and Zachary Wright of 360 Campus Fairfield, LLC (applicants) filed a Zoning OrdinanceAmendment application to create a land use definition for “Ministorage: Interior” and conditionallypermit the use in the Industrial Business Park (IBP) District. The applicants intend to convert an existing71,927squarefoot office building at 360 Campus Lane into an indoor ministorage facility with theapproval of the Zoning Ordinance Amendment request. Conversion of the office building into a ministorage facility is subject to a separate Zoning Administrator approval of a Use Permit at the PlanningDivision staff level. Ministorage uses are prohibited in all zoning districts except for the ServiceCommercial (CS) District, where they are permitted by right, and the Limited Industrial (IL) District,where they are conditionally permitted.DISCUSSIONGeneral Plan Consistency:The IBP District implements the Business and Industrial Park land use designation under the existingGeneral Plan. Properties with the Business and Industrial Park and IBP District designations aretypically developed as masterplanned business and industrial parks in campuslike settings. Suitableuses include administrative and professional offices, research and development, business supportservices, and limited warehousing, distribution, manufacturing, and assembly facilities. Ministorage uses are not permitted in the IBP District because they are generally incompatible with thecampuslike setting of masterplanned business and industrial parks. This is particularly the case whenministorage facilities involve vehicular access to exterior storage units, moving truck and trailer rentals,and/or outdoor storage of boats and RVs. Furthermore, ministorage facilities are typically not a highemploymentgenerating use that the City has historically envisioned for the IBP District. Ministorage facilities can be compatible with the Business and Industrial Park land use designationand IBP District on a limited basis and when designed appropriately. For example, a ministoragefacility that is sited within a climatecontrolled building with only interior access to individual storageunits and no outdoor storage can be compatible with a campuslike setting. An interior ministoragefacility can have the visual appearance of an office building, which would be compatible with a businessand industrial park in terms of design. Zoning Ordinance Amendments:Land Use Definitions:Staff supports the creation of two land use definitions for ministorage uses todifferentiate between interior and exterior facilities.Interior ministorage uses would be defined as follows:Ministorage: Interior.Establishments primarily offering individualized enclosed storage spaces forrent or lease to the general public, including selfstorage and ministorage facilities. This useincludes individual storage spaces that are climatecontrolled and only accessible from the interior ofa building, with a limited number of common loading doors to the outside. These uses may include acaretaker’s residential unit within the building and the retail sales of moving and storage supplies, asan accessory use to the facility. This use excludes moving trucks and trailer rentals and the outdoorstorage of moving equipment, vehicles, trucks, RVs, and boats.Exterior ministorage uses would be defined as follows:Ministorage: Exterior.Establishments primarily offering individualized enclosed storage spaces forrent or lease to the general public, including selfstorage and ministorage facilities. This useincludes individual storage spaces with exterior or outdoor access. These uses may include acaretaker’s residential unit, moving trucks and trailer rentals or the retail sales of moving and storagesupplies, as accessory uses to the facility. This use excludes establishments where the primary useis outdoor vehicle storage.Land Use Regulations:Staff recommends that “Ministorage: Interior” uses be conditionally permitted inthe IBP District. Furthermore, staff recommends the addition of a note under Table 2511 prohibiting“Ministorage: Interior” facilities from being located within a ½ mile radius of an existing facility. Thisminimum separation requirement would prevent the potential for there being an overconcentration ofthis use in the City’s business and industrial parks. Staff recommends that “Ministorage: Exterior” usesbe prohibited in the IBP District.As the staff is recommending the creation of interior and exterior land use definitions for mini storagefacilities, multiple Zoning Ordinance land use tables will also need to be amended accordingly:Amend Table 251 to prohibit “Ministorage: Exterior” and “Ministorage: Interior” in all residentialzoning districts.Amend Table 259 to permit “Ministorage: Exterior” and “Ministorage: Interior” by right in the CSDistrict.Amend Table 25H1 to prohibit “Ministorage: Exterior” and “Ministorage: Interior” in all Heart ofFairfield Plan zoning districts.Amend Table 2511 to conditionally permit “Ministorage: Exterior” and “Ministorage: Interior” inthe IL District (in addition to the IBP District).Environmental Review:The proposed Zoning Ordinance amendments have been deemedcategorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: MinorAlterations in Land Use Limitations. The Zoning Ordinance amendments constitute minor code textchanges pertaining to mini storage uses and the way they are regulated in terms of land use. Thesechanges will not result in any new substantial physical changes to the environment. Furthermore,subsequent Use Permit applications for interior ministorage facilities in the IBP District will requireadditional analysis.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONPublic Contact:The following public notifications were provided for the September 3, 2024, CityCouncil meeting: published a public hearing notice in the Daily Republic newspaper on the City’sPlanning Division webpage on August 21, 2024. The staff has not received any correspondence at thetime of this writing.Advisory Body Recommendation: On July 24, 2024, the Planning Commission held a public hearingon the Zoning Ordinance Amendment request that was duly noticed on the City’s Planning Divisionwebpage on July 12, 2024, and in the Daily Republic newspaper on July 14, 2024. Following theclosure of the public hearing, the commission adopted Resolution No. PC202405 in a 70 vote,recommending council approval of the proposed Zoning Ordinance Amendment.ALTERNATIVE ACTIONThe council may choose to do any of the following: (1) approve the proposed Zoning Ordinanceamendments, as recommended by the commission and staff; (2) provide direction to staff to revise theproposed amendments for council review at a future meeting; or (3) deny the proposed amendments.Denial of the proposed amendments would maintain the status quo as it pertains to ministorage landuse regulations. Additionally, the application to convert the existing office building at 360 Campus Laneinto an interior ministorage facility would not proceed.STAFF CONTACTJonathan Atkinson, Senior Planner(707) 428[email protected] WITHCity Manager's OfficeATTACHMENTS:DescriptionProposed OrdinancePlanning Commission Resolution PC202405Planning Commission Draft Minutes of July 24, 2024 Planning Commission Staff Report 07/24/2024
REVIEWERS:

Reviewer Action Date
Zellers, David Approved 8/20/2024 2:06 PM
Beavers, Esther Approved 8/20/2024 8:18 PM
Beavers, Esther Approved 8/20/2024 8:18 PM
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CITY OF FAIRFIELD

ORDINANCE NO. 2024-07

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING ORDINANCE, TO CREATE A LAND USE DEFINITION FOR “MINI-STORAGE: INTERIOR” AND CONDITIONALLY PERMIT THE USE IN THE INDUSTRIAL BUSINESS PARK DISTRICT; CREATE A LAND USE DEFINITION FOR “MINI-STORAGE: EXTERIOR;” AND ADJUST VARIOUS LAND USE REGULATIONS PERTAINING TO “MINI-STORAGE: INTERIOR” AND “MINI-STORAGE: EXTERIOR” USES

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

SECTION 1. Statement of Intent

A. On April 20, 1999, the City Council adopted an updated Zoning Ordinance and Zon ing Map to ensure consistency between the Zoning Ordinance and the General Plan.

B. On April 29, 2024, a Zoning Ordinance Amendment application (OA2024-002) to amend the Zoning Ordinance to create a land use definition for “Mini-storage: Interior” and conditionally permit the use in the Industrial Business Park (IBP) District (Project) was properly filed with the Department of Community Development in accordance with the rules and regulations governing the official filing of such applications.

C. On July 24, 2024, the Planning Commission was presented with the revisions to the Zoning Ordinance, as contained herein, and after holding a duly noticed public hearing, voted to recommend that the council approve the proposed revisions.

D. The council has held a duly noticed public hearing on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations regarding such.

SECTION 2. Chapter 25, Article I, Section 25.50 Definitions of Terms and Phrases, Section

25.50.2 Land Use Definitions is hereby amended to delete the “Mini-storage” definition and add definitions for “Mini-storage: Exterior” and “Mini-storage: Interior” as follows:

M. Land use definitions, “M.”

Mini-storage. Establishments primarily offering individualized enclosed storage spaces for rent or lease to the general public, including self -storage and mini-storage facilities. These uses may include a caretaker’s residential unit or moving trucks and trailer rentals, as accessory uses to the facility. This use excludes establishments where the primary use is outdoor vehicle storage.

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ORD. NO. 2024-07

Page 2 ends

Fairfield City CouncilSeptember 3, 2024

Fairfield City Council
September 3, 2024