Agenda, first session — Fairfield City Council, November 19, 2024 (part 1 of 2)

CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL

AMENDED
TUESDAY, NOVEMBER 19, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
AGENDA
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428 7400.

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 phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION CHAPLAIN COLONEL HEATHER BODWELL, TRAVIS AIR FORCE BASE PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY CLERK REPORT

PRESENTATIONS

1.Veterans Day Parade Awards Presented by Juan Segura
Contact:Juan Segura (707) 4287584
a

2.Poem and Proclamation Declaring Native Americans Day Presented by Poet Laureate Suzanne Bruce Mayor Catherine "Cat" Moy
Contact:Karen Rees, (707) 4287767
a

3.Proclamation Declaring Small Business Saturday Presented by Councilmember K. Patrice Williams
Contact:Karen Rees, (707) 4287767
a

4.Solano Economic Development Corporation Presentation Presented by Chris Rico Contact:Chris Rico, (707) 7841855
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.

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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.

5.Approval of Meeting Minutes for October 2024
Recommended Action
Approve the meeting minutes.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a

6.Resolution 2024260 of the City Council of the City of Fairfield Canceling January 7 and October 7, 2025, City Council Meetings
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a

7.Second Reading and Adoption of Ordinance 202409 of the City Council of the City of Fairfield Amending and Restating Ordinance No. 202305 and Levying Special Taxes within the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) Recommended Action
Provide second reading and adopt Ordinance No. 202409.

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

8.Resolution 2024261 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision as Complete Recommended Action
Adopt resolution.

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

9.Resolution 2024262 of the City Council of the City of Fairfield Accepting the Improvements for the Villages at Fairfield – Village II – Lot 3 Master Infrastructure as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a
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10.Resolution 2024263 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Villages at Fairfield – Village II – Lot 4 Subdivision as Complete Recommended Action
Adopt resolution.

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

11.Resolution 2024264 of the City Council of the City of Fairfield Approving Amendment No. 1 to the Existing Contractor Service Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 10 Southbrook and Authorizing an Update to the Fiscal Year 20242025 Budget for Landscaping and Lighting Maintenance District No. 10 Southbrook
Recommended Action
Adopt resolution.

Funding Source
$22,134; Southbrook Maintenance District Fund
Contact:Gary Sponsler, (707) 4287416
a

12.Resolution 2024265 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to C. Overaa & Co. for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project; and
Resolution 2024266 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement for Coastland Civil Engineering, LLP to Provide Engineering Services During Construction for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project
Recommended Action
Adopt resolutions.

Funding Source
$6,890,121; Water Capital Fund
Contact:David Vong, (707) 2497784
a

13.Resolution 2024267 of the City Council of the City of Fairfield Authorizing a Professional Services Agreement with West Yost Associates to Update the City’s Water System Risk and Resiliency Assessment and Water System Emergency Response Plan Recommended Action
Adopt resolution.

Funding Source
$165,000; Water Enterprise Fund
Contact:Pavan Prasad, (707) 4287431; Michael Hether, (707) 4287493 a

14.Resolution 2024268 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the City of Fairfield and the Travis Unified School District Authorizing Fairfield to Provide a Contract Service for an AfterSchool Program at Center Elementary Recommended Action
Adopt resolution.

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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDEDTUESDAY, NOVEMBER 19, 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 CHAPLAIN COLONEL HEATHER BODWELL, TRAVIS AIR FORCE BASEPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Veterans Day Parade Awards Presented by Juan SeguraContact:Juan Segura (707) 4287584a2.Poem and Proclamation Declaring Native Americans Day Presented by Poet LaureateSuzanne Bruce Mayor Catherine "Cat" MoyContact:Karen Rees, (707) 4287767a3.Proclamation Declaring Small Business Saturday Presented by Councilmember K. PatriceWilliamsContact:Karen Rees, (707) 4287767a4.Solano Economic Development Corporation Presentation Presented by Chris RicoContact:Chris Rico, (707) 7841855aPUBLIC 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.5.Approval of Meeting Minutes for October 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a6.Resolution 2024260 of the City Council of the City of Fairfield Canceling January 7 andOctober 7, 2025, City Council MeetingsRecommended ActionAdopt resolution.Funding SourceN/AContact:Esther Beavers, (707) 4287402a7.Second Reading and Adoption of Ordinance 202409 of the City Council of the City of FairfieldAmending and Restating Ordinance No. 202305 and Levying Special Taxes within the City ofFairfield Community Facilities District No. 20231 (One Lake Planning Area 5)Recommended ActionProvide second reading and adopt Ordinance No. 202409.Funding SourceN/AContact:John Furtado, (707) 4287629a8.Resolution 2024261 of the City Council of the City of Fairfield Accepting the LandscapeImprovements for the Villages at Fairfield – Village II – Lot 3 Subdivision as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a9.Resolution 2024262 of the City Council of the City of Fairfield Accepting the Improvements forthe Villages at Fairfield – Village II – Lot 3 Master Infrastructure as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a10.Resolution 2024263 of the City Council of the City of Fairfield Accepting the LandscapeImprovements for the Villages at Fairfield – Village II – Lot 4 Subdivision as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a11.Resolution 2024264 of the City Council of the City of Fairfield Approving Amendment No. 1 tothe Existing Contractor Service Agreement with True North Landscapes, LLC for LandscapeMaintenance Services in the Landscaping and Lighting Maintenance District No. 10 Southbrook and Authorizing an Update to the Fiscal Year 20242025 Budget for Landscapingand Lighting Maintenance District No. 10 SouthbrookRecommended ActionAdopt resolution.Funding Source$22,134; Southbrook Maintenance District FundContact:Gary Sponsler, (707) 4287416a12.Resolution 2024265 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to C. Overaa & Co. for the Waterman Water TreatmentPlant High Lift Pump and Power Upgrade Project; andResolution 2024266 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement for Coastland Civil Engineering, LLP to ProvideEngineering Services During Construction for the Waterman Water Treatment Plant High LiftPump and Power Upgrade ProjectRecommended ActionAdopt resolutions.Funding Source$6,890,121; Water Capital FundContact:David Vong, (707) 2497784a13.Resolution 2024267 of the City Council of the City of Fairfield Authorizing a ProfessionalServices Agreement with West Yost Associates to Update the City’s Water System Risk andResiliency Assessment and Water System Emergency Response PlanRecommended ActionAdopt resolution.Funding Source$165,000; Water Enterprise FundContact:Pavan Prasad, (707) 4287431; Michael Hether, (707) 4287493a14.Resolution 2024268 of the City Council of the City of Fairfield Approving a Memorandum ofUnderstanding Between the City of Fairfield and the Travis Unified School District AuthorizingFairfield to Provide a Contract Service for an AfterSchool Program at Center Elementary Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Kristina Kaunzinger, (707) 4287470
a
NEW BUSINESS

15.Measure P Oversight Committee Annual Report Presented by Steve Vancil Recommended Action
Receive and file report.

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

16.Public Hearing and;
First Reading and Introduction of Ordinance 202410 of the City Council of the City of Fairfield Approving the Sixth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Partners LLC Regarding Land in the Train Station Specific Plan Area
Recommended Action
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

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

17.Public Hearing and;
Resolution 2024269 of the City Council of the City of Fairfield Approving an Amendment Request to the Train Station Specific Plan (SP2022001) Recommended Action
Hold public hearing and adopt resolution.

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

18.Public Hearing and;
Resolution 2024270 of the City Council of the City of Fairfield Partially Overturning the Planning Commission’s Decision, and Approving a Conditional Use Permit (UP2024005) to Operate a ‘School, Social and Personal Development’ and a Conditional Use Permit (UP2024006) to Operate a ‘Office, Medical’ at 743 East Tabor Avenue (0037020460), with Conditions to Resolve Outstanding Administrative Citations Prior to Operation Recommended Action
Hold public hearing and adopt resolution.

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

19.Public Hearing and;
Resolution 2024271 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the City of Fairfield Administrative Hearing Determination Regarding Interest on Delinquent Transient Occupancy and Tourism Tax Assessment/ Quality Inn Previously Known as Super 8 Motel Located at 2170 North Texas Street, Fairfield, CA 94533 3204 Owners: Shri Guru Hari, LLC, Shri Mahant, LLC, and Marie Parunjanwala Recommended Action
Hold a public hearing and adopt the resolution.

Funding Source
N/A
Contact:John Furtado, (707) 4287629
a
ADJOURN TO TUESDAY, DECEMBER 3, 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, November 13, 2024.

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Agenda Item No: 5.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes for October 2024
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for October 2024 have been approved by the city attorney and need council approval.

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

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 5.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes for October 2024RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for October 2024 have been approved by the city attorney and need councilapproval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] WITH City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: City Council Minutes 10012024
Attachment 2: Study Session Minutes 1008202
Attachment 3: Closed Session Minutes 10152024
Attachment 4: City Council Minutes 10152024
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/29/2024 5:20 PM
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, OCTOBER 1, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER,
1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

ROLL CALL

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

INVOCATION

Pastor Richard Manrique of Family Bible Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Tonnesen led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr welcomed everyone to the month of October—his favorite month! He shared that he met with Alicia from OLE Health; they are moving into the old 24-Hour Fitness site adjacent to the Solano Town Center. He reported he enjoyed the delightful Vine to Table event in Downtown Fairfield on September 21 , where funds were raised to support youth programs in Fairfield. He also attended the recent Fairfield-Suisun Sewer District Board of Directors meeting on September 23, 2024, and the Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA) Board meeting on September 26.

Vice Mayor Bertani reported that she and the Fairfield Clergy Action Network (CAN) are busy planning the 4th annual Thanksgiving meal on November 19 at the Community Center in Willow Hall. They need frozen turkeys to beat last year’s donation of 80 turkeys. To donate, contact Kelly Ballard at [email protected] or call (707) 428-7401.

Councilmember Panduro reported that she attended a ribbon cutting for the two-year anniversary and ribbon cutting of Fresh Laundries at 1742 N. Texas Street, which is in her district. The owner, Cleo, completely renovated the old laundromat, and it is now super modern and clean with high-energy machines.

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Councilmember Vaccaro said he was glad to be back after recuperating from knee surgery.

He thanked his colleagues for their well wishes.

Councilmember Tonnesen reported that the PAL Teen Center is looking great. He attended the farewell event of the KC-10 airplanes at Travis Air Force Base (an American tanker and cargo aircraft that was operated by the United States Air Force for 43 years ).

Mayor Moy shared that October is National Pedestrian Awareness Month and reported that Fairfield had had two fatality accidents that involved pedestrians in the past 24 hours, along with other recent pedestrian injury accidents, and asked people to please slow down and be vigilant when driving and walking. People need to be aware of what’s around them and not be distracted by cell phones.

CITY MANAGER REPORT

City Manager David Gassaway reported that the Marketing and Outreach Division (MOD) had received three STAR Awards from the States of California and Nevada Chapter of the National Association of Telecommunications Officers and Advisors (SCAN NATOA). The STAR Awards recognize excellence in government programming in California and Nevada and are highly competitive. MOD will be recognized at a future council meeting. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees thanked Preet Sodhi for adopting Dakota Street & McKinley Street as part of the Adopt a Street program.

PRESENTATIONS

1. Proclamation declaring Breast Cancer Awareness Month presented by Mayor Catherine "Cat" Moy to Senior Business Development Liaison Kelly Rhoades-Poston of NorthBay Health and Keni Horiuchi, Oncology Clinical Nurse Specialist Nurse Navigator, NorthBay Health Cancer Center.

PUBLIC COMMENTS

Leo Callejas spoke about the Solano Hispanic Chamber of Commerce's upcoming events and the Cook Academy, an 8-week online program designed for home-based food businesses.

Ron Turner spoke about the 100 Club’s “Heroes without Capes Oktoberfest Bingo, Brats, & Beer” fundraiser on Saturday, October 19, from 2 to 5:30 p.m.

Dave Ennis introduced himself as a candidate for the California Assembly District 11.

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CONSENT CALENDAR

2. Resolution 2024-234 of the City Council of the City of Fairfield Authorizing the City Manager to Accept Funding from the Office of Local Defense Community Cooperation Military Installation Resilience Review Grant Fund for Further Study of Energy Resiliency at the Travis Air Force Base

3. Resolution 2024-235 of the City Council of the City of Fairfield Approving a Technology Software-As-A-Service Agreement for Human Resources Management Software from NEOGOV

4. Resolution 2024-236 of the City Council of the City of Fairfield Approving an Amendment to the Professional Services Agreement for Performance Dashboard Software from Ascendant Strategy Management Group, LLC

5. Resolution 2024-237 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Enclave at Red Top Unit 1 Subdivision as Complete

6. Resolution 2024-238 of the City Council of the City of Fairfield Authorizing the Filing of a Claim with the Metropolitan Transportation Commission for Allocation of Transportation Development Act and State Transit Assistance Funds for Fiscal Year 2024-2025

7. Resolution 2024-239 of the City Council of the City of Fairfield Approving the Proposed Budget for the Downtown Improvement District Parking and Business Improvements Area Funds

8. Second Reading of Ordinance 2024-07 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 “Ministorage: Exterior;” and Adjust Various Land Use Regulations Pertaining to “MiniStorage: Interior” and “Ministorage: Exterior” Uses

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

NEW BUSINESS

9. Real Estate Specialist Jennifer Rice recommended to Council that it approve Resolution 2024-240 of the City Council of the City of Fairfield Declaring Certain Real Property Owned by the City of Fairfield are Exempt Surplus Land

Councilmember Tonnesen made a motion to approve Resolution 2024-240. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).

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PUBLIC HEARINGS

10. Associate Planner Jesse Hernandez recommended to Council to open the Public Hearing and; adopt Resolution 2024-241 of the City Council of the City of Fairfield Approving Amendments to the Land Use Element and Public Facilities and Services Element of the 2002 General Plan to Support the Implementation of the Solano County Middle Green Valley Specific Plan.

Mayor Moy opened the public hearing. Nora Dizon, Charity Wagner, and Joseph Joyce spoke on Item 10. Mayor Moy closed the public hearing.

Councilmember Vaccaro made a motion to approve Resolution 2024-241. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

11. Director of Economic and Community Development Dave Zellers recommended to Council that it open the Public Hearing, and approve the First Reading and Introduction of Ordinance 2024-08 of the City Council of the City of Fairfield Amending Chapter 10E of the Municipal Code, also Known as the Commercial Cannabis Business, to Allow for Administrative Changes to the Program and Operational Changes for Permittees.

Councilmember Tonnesen and Vice Mayor Bertani recused themselves and left the dais due to a potential conflict of interest.

Mayor Moy opened the public hearing. Josh Lewis and Ron Turner spoke on Item 11. Mayor Moy closed the public hearing.

Councilmember Vaccaro made a motion to waive full reading, read by title only, and introduce Ordinance 2024-08. Councilmember Carr seconded the motion. The motion carried 4-0 with Vice Mayor Bertani and Councilmember Tonnesen recused.

Unrelated to this matter, Councilmember Panduro asked for the revocation of the fourth license for Authentic – which Dave Zellers stated was a preliminary approval for retail that has not yet proceeded to permitting. Councilmember Vaccaro seconded the request. The matter will be agendized for a later date.

ADJOURNED THE MEETING AT 7:09 P.M. TO TUESDAY, OCTOBER 15, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

_______________________________
City Clerk

_______________________________
Mayor
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CITY OF FAIRFIELD

SPECIAL MEETING

STUDY SESSION
TUESDAY, OCTOBER 8, 2024; 6:00 PM
POLICE TRAINING FACILITY, 1717 REX CLIFT DRIVE, FAIRFIELD, CA 94533

MINUTES

CALL TO ORDER

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

ROLL CALL

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

PUBLIC COMMENTS

There were no public comments.

PRESENTATIONS

1. Touchstone Golf Course Vision presented by President Mark Luthman, Vice President of Operations James Birchall, and Kristina Kaunzinger, Director of Parks & Recreation.

After a lengthy discussion about the operating budget for both Paradise Valley and Rancho Solano Golf Courses, the council agreed with Touchstone management that their priorities were to replace the roof at Rancho Solano and the irrigation system at Paradise Valley and to complete banquet room upgrades at both facilities.

2. Inclusionary Housing Policy Update presented by LaTanna Jones, Director of Housing, and Senior Management Analyst La Tanya Terrones.

City Council provided direction to staff on various options related to the creation of an inclusionary housing policy. Direction centered around the amount of inclusionary housing may be required, the affordability target of the housing, and objective alternatives developers may request. Staff will return to council with draft policy language, based on the direction provided, at a future date. A draft will be publicly reviewed before a final policy is created for council consideration.

Decision #1 on Inclusionary Housing Unit Count Triggers:

Council would like Option 2: 10 units or more on rentals, and Option 1: also 10 units for home ownership.

Decision #2 on Inclusionary Housing Affordability Trigger:

Council would like Option 3: 5% low and 5% very low income for affordable rental units and Option 2:

Moderate income for affordable home ownership.

Decision #3 – In-Lieu Fee Policy and Fees
Council would like Scenario 2 – 5% Moderate on single family and Scenario 2 for Multi-family.

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Decision #4 – Inclusionary Objective Alternatives
Council selected Land Dedication and In-Lieu Fee as their objective alternatives

Decision #5 – Commercial Linkage Fee
Council selected Scenario 2 but with Retail and Office at 0 (zero) and Commercial and Industrial at $1.00

Decision #6 – Fractional Unit Fee
Council decided the charge using in-lieu fee calculation

The meeting was adjourned at 8:30 am

____________________________
City Clerk

___________________________
Mayor
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CITY OF FAIRFIELD

CLOSED SESSION MEETING

SPECIAL MEETING
TUESDAY, OCTOBER 15, 2024; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.

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

No persons wished to speak in person or via Zoom at public comment.

The City Council went into closed session on Item #1:

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Solano County Orderly Growth Committee v. City of Fairfield, et. al.

Solano County Superior Court case no. FCS059198
California Court of Appeal, 1st Appellate District, Division 2, case numbers A170680, A170739

Present were City Manager David Gassaway and City Attorney David Lim.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:10 p.m.

______________________________
City Attorney
________________________________
Mayor

Packet Page 15 of 401Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, OCTOBER 15, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

ROLL CALL

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

INVOCATION

Bhai Surinder Singh of the Sikh Temple gave an invocation.

PLEDGE OF ALLEGIANCE

Vice Mayor Bertani led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams reported she attended the 2024 California Economic Summit in Sacramento October 8-10, 2024. Next, she thanked Fire Marshal Steven Conti for a stellar job hosting the informational Fire Prevention Town Hall on October 12. Next, she will attend the Northern California Water Tour in Sacramento starting October 16-18, hosted by the Water Education Foundation.

Councilmember Tonnesen reported he attended the lively grand opening of Aunt Bill’s Soul Food Restaurant on October 11 at 711 Madison Street (the site of former restaurant Chez Soul). The Dumpling House Restaurant is expected to open downtown soon and a Cajun steakhouse is expected to open in April of 2025. Lastly, he thanked Fire Marshal Steven Conti for grilling hot dogs for attendees of the Fire Open House on October 10.

Councilmember Vaccaro reported he looks forward to attending the Annual California League of Cities Conference and Expo October 16-18 in Long Beach. He shared that City Manager David Gassaway, Mayor Moy, and Assistant City Manager Savita Chau dhary will give a presentation at the conference on Fairfield’s transparency portal.

Councilmember Panduro reported that she attended the Civic Leaders Breakfast at Travis Air Force Base welcoming the new 60th Air Mobility Wing Commander of the base, Colonel Jay Johnson. She also shared that she attended the Buzz Awards hosted by the Fairfield-Suisun Chamber of Commerce on October 11 at the Hilton Garden Inn. She was pleased that one of the businesses in her District 5 , Fresh Laundries,

Packet Page 16 of 401Attachment 4 Page 1 of 5

was awarded “Business of the Year,” which she presented to the owners. The Buzz Awards recognize local businesses each year. Lastly, she invited the community to attend a “Dia de los Muertos,” (Day of the Dead) event at Sullivan Language Immersion Academy on Saturday, November 2.

Vice Mayor Bertani reported that the Fairfield Clergy Action Network (CAN) is planning the 4th Annual early Thanksgiving Dinner on November 19 at the Community Center in Willow Hall. If anyone would like to donate a turkey, contact Kelly Ballard at (707) 428-7401. CAN is seeking volunteers to help serve and greet. Pastor Sam Morris of BayNorth Church will provide a giant smoker to “smoke the turkeys.” Next, she shared that she attended the Solano Challenger Tennis Tournament at Solano Community College featuring top players from around the globe. She said it was a first-rate tennis competition at its finest.

Mayor Moy congratulated Trader Joe’s on their 25th anniversary in Fairfield. She thanked the citizens who did a signature drive that resulted in Trader Joe’s opening a store here! She reported she attended the official grand opening of Fair Haven Commons Apartments, for low and very-low income, and homeless individuals. All 72-units are now occupied. She thanked the Director of Housing Services, La Tanna Jones, and staff, for their hard work in making this project a reality. Next, she shared that the Solano County Mayor’s Committee (which she chairs), had guest speaker Krishna Abrams, Solano County District Attorney, address the group about Proposition 36.

Lastly, Mayor Moy spoke about the Planning Commission’s recent decision regarding City Church. She made a motion pursuant to Fairfield Municipal Code section 25.44.4 that she would like the Council to review and reconsider the Planning Commission’s decision of City Church’s appeal of Item 2 of their use permit made on October 9, 2024 (PC2024-10). Councilmember Vaccaro seconded the motion. The motion carried unanimously.

City Attorney David Lim said the Clerk’s Office will set a public hearing on this matter within 45 days of October 15, 2024, and notify the client and the attorney of the hearing date.

CITY MANAGER REPORT

City Manager David Gassaway invited the community to attend Halloween event “Spooktacular” in downtown Fairfield on October 31 from 3 to 6 pm. He stated that Item 18 would be moved to follow the presentation.

CITY ATTORNEY REPORT

City Attorney David Lim did not have a report.

CITY CLERK REPORT

City Clerk Karen Rees reported that the Homeless Services Division would hold a HOPE Resource Fair on Friday, October 25, 2024, from 10 am to 2 pm at BayNorth Church of Christ at 2100 Pennsylvania Avenue.

PRESENTATIONS

1. Proclamation declaring Filipino American History Month presented by Councilmember Rick Vaccaro to Dennis Yen, President of the Filipino-American Chamber of Commerce of Solano County.

Former President of the club, Sue Vaccaro, and grandson Mason, were also in attendance.

Packet Page 17 of 401Attachment 4 Page 2 of 5

Item 18 was moved from the end of the agenda to follow presentations.

18. Transportation Manager Diane Feinstein recommended to Council that it open the Public Hearing; and approve Resolution 2024-259 of the City Council of the City of Fairfield Adopting Fare Structure Changes for FAST Fixed Route Local Service.

Ms. Feinstein first gave an update on transportation for the Paradise Valley Estates. Shannon Dodds and Sally McNichols spoke on that topic.

Mayor Moy opened the public hearing. Liz Teresi and Ana Petero spoke on Item 18. Mayor Moy closed the public hearing.

Vice Mayor Bertani made a motion to approve Resolution 2024-259. Councilmember Panduro seconded the motion. The motion carried unanimously (6-0).

PUBLIC COMMENTS

Harry Matte of the Adult Recreation Center reported that for the first time ARC will have an entry in the Veterans Day Parade on November 11.

Jacob Francisco of Assemblymember Lori Wilson’s Office reported on upcoming events.

Efrain Hernandez reported the trees need trimming in his Paradise Valley neighborhood.

CONSENT CALENDAR

2. Approval of Meeting Minutes for September 2024

3. Resolution 2024-242 of the City Council of the City of Fairf ield Approving Acceptance of the California Office of Traffic Safety Fiscal Year 2025 Selective Traffic Enforcement Program Grant and Approval of Activities to Reduce Traffic Collisions and Fatalities Due to Unsafe Driving

4. Resolution 2024-243 of the City Council of the City of Fairfield Accepting the Improvements for the Wiseman Waterline Relocation Project as Complete

5. Resolution 2024-244 of the City Council of the City of Fairfield Approving Plans and Specifications and Awarding a Contract to Perennial Construction for the Waterman Pipeline Relocation Project

6. Resolution 2024-245 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Program Participation Agreement and Other Project/Program Related Documents for Pacific Gas & Electric (PG&E) Government/K-12 Program as Administered by Willdan Energy Solutions

7. Resolution 2024-246 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Katz & Associates for Utility Rates Outreach Services

8. Resolution 2024-247 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the Solano Transportation Authority and the City of Fairfield for the West Texas Complete Streets Project Safe Routes to School Bicycle and Pedestrian Education Program
Packet Page 18 of 401Attachment 4 Page 3 of 5

9. Resolution 2024-248 of the City Council of the City of Fairfield Authorizing the Purchase of Replacement Campus Citywide Storage Array from Berkeley Communications Corp.

10. Resolution 2024-249 of the City Council of the City of Fairfield Demonstrating Compliance with State Housing Laws Related to Surplus Lands, Accessory Dwelling Units, and Density Bonus

11. Resolution 2024-250 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License Between the City of Fairfield, the County of Solano, and Pacific Livestock, Inc. for the Approximately 288-Acre Property Commonly Known as the Wilcox Triangle Property Located in Solano County, California

12. Resolution 2024-251 of the City Council of the City of Fairfield Amending the Departmental Position Control List of the Following Departments: Community Development, Fire, Parks & Recreation, Police, and Public Works

13. Second Reading and Adoption of Ordinance 2024-08 of the City Council of the City of Fairfield Amending Chapter 10E of the Municipal Code, also Known as the Comm ercial Cannabis Business, to Allow for Administrative Changes to the Program and Operational Changes for Permittees

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

NEW BUSINESS

14. Public Works Senior Management Analyst Chris Lewis recommended to Council that it approve Resolution 2024-252 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Monarch Tree Services for Tree Pruning and Maintenance Services in Landscaping and Lighting Maintenance District No. 2023-11 (Paradise Valley) and Authorizing a Budget Adjustment to the Fiscal Year 2024-2025 Budget for Landscaping and Lighting Maintenance District No. 2023-11.

Rick Johnson, Theda Peck, James Semien, George Villareal, and Betty Palmer spoke on Item 14.

Councilmember Vaccaro made a motion to approve Resolution 2024-252. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

15. Director of Finance John Furtado recommended to Council that it approve Resolution 2024-253 of the City Council Authorizing the Issuance of Special Tax Bonds for the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) with Respect to Improvement Area No. 1, and Approving Related Documents and Actions.

There were no requests to speak on Item 15.

Councilmember Vaccaro made a motion to approve Resolution 2024-253. Councilmember Tonnesen seconded the motion. The motion carried unanimously (6-0).

PUBLIC HEARINGS

16. Director of Finance John Furtado recommended to Council that it open the Public Hearing; and approve Resolutions 2024-254 through 2024-256 and Ordinance 2024-09 for Proceedings (Including a Landowner Election) to Amend and Restate 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 Increase the Amount of Bonded Indebtedness.

Packet Page 19 of 401Attachment 4 Page 4 of 5

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

Councilmember Tonnesen made a motion to approve Resolution 2024-254. Councilmember Vaccaro seconded the motion. The motion carried unanimously (6-0).

City Clerk Rees then opened the ballots and read th at there were 2 Yes votes, in favor of annexation.

Councilmember Tonnesen made a motion to approve Resolutions 2024-255 and 2024-256.

Councilmember Panduro_ seconded the motion. The motion carried unanimously (6-0).

Vice Mayor Bertani made a motion to waive the full reading, read by title only and introduce Ordinance 2024-09 for the first reading. Councilmember Tonnesen seconded the motion. The motion carried unanimously (6-0).

17. Public Works Management Analyst Valerie Standfill recommended top Council that it open the Public Hearing; and approve Resolution 2024-257 of the City Council of the City of Fairfield Annexing Territory (Green Valley III Apartments) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 69, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and

Resolution 2024-258 of the City Council of the City of Fairfield Declaring the Results of a Specia l Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 69 (Green Valley III Apartments).

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

Vice Mayor Bertani made a motion to approve Resolution 2024-257. Councilmember Vaccaro seconded the motion. The motion carried unanimously (6-0).

City Clerk Rees opened the ballot and read that it was 6 Yes votes, in favor of annexation.

Councilmember Vaccaro made a motion to approve Resolution 2024-258. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

ADJOURNED MEETING AT 8:12 P.M. TO TUESDAY, NOVEMBER 19, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

______________________________
City Clerk

_________________________________
Mayor

Packet Page 20 of 401Attachment 4 Page 5 of 5

Agenda Item No: 6.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024260 of the City Council of the City of Fairfield Canceling January 7 and October 7, 2025, City Council Meetings
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
City staff reviews the calendar of meeting dates for the upcoming year to determine if any of the first and third Tuesday meetings conflict with holidays or vacation breaks. Any meeting dates that have conflicts may be canceled in advance.

DISCUSSION
Following a review of the 2025 calendar for upcoming City Council meetings, it is recommended that January 7, and October 7, 2024, meetings be canceled. Council agenda distribution for the first meeting in January occurs during the Christmas/New Year holiday week. The first meeting in October is traditionally canceled to allow for a vacation break and National Night Out. Additional council meetings may be called as the need arises, and standard noticing procedures would be followed at that time.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to cancel the meetings or select alternative dates.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
Packet Page 21 of 401

Agenda Item No: 6.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024260 of the City Council of the City of Fairfield Canceling January 7 andOctober 7, 2025, City Council MeetingsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity staff reviews the calendar of meeting dates for the upcoming year to determine if any of the firstand third Tuesday meetings conflict with holidays or vacation breaks. Any meeting dates that haveconflicts may be canceled in advance.DISCUSSIONFollowing a review of the 2025 calendar for upcoming City Council meetings, it is recommended thatJanuary 7, and October 7, 2024, meetings be canceled. Council agenda distribution for the firstmeeting in January occurs during the Christmas/New Year holiday week. The first meeting in October istraditionally canceled to allow for a vacation break and National Night Out. Additional council meetingsmay be called as the need arises, and standard noticing procedures would be followed at that time.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to cancel the meetings or select alternative dates.STAFF CONTACT Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Meeting Schedule
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/10/2024 3:13 PM
Packet Page 22 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-260

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD CANCELING JANUARY 7 AND OCTOBER 7, 2024, CITY COUNCIL MEETINGS

WHEREAS, City staff reviewed the 2025 calendar and determined that some of the first and third Tuesday meeting dates conflict with holidays and vacation breaks.

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

Section 1. January 7 and October 7, 2024, City Council meetings are hereby canceled.

PASSED AND ADOPTED this 19th day of November 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 23 of 401Attachment 1 Page 1 of 1

City of Fairfield
2025 City Council Agenda Schedule

Tuesday, January 7, 2025 CANCELED
Tuesday, January 21, 2025

Tuesday, February 4, 2025
Tuesday, February 18, 2025

Tuesday, March 4, 2025
Tuesday, March 18, 2025

Tuesday, April 1, 2025
Tuesday, April 15, 2025

Tuesday, May 6, 2025
Tuesday, May 20, 2025

Tuesday, June 3, 2025
Tuesday, June 17, 2025

Tuesday, July 1, 2025
Tuesday, July 15, 2025

Tuesday, August 5, 2025
Tuesday, August 19, 2025

Tuesday, September 2, 2025
Tuesday, September 16, 2025

Tuesday, October 7, 2025 CANCELED
Tuesday, October 21, 2025

Tuesday, November 4, 2025
Tuesday, November 18, 2025

Tuesday, December 2, 2025
Tuesday, December 16, 2025

Packet Page 24 of 401Attachment 2 Page 1 of 1

Agenda Item No: 7.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Second Reading and Adoption of Ordinance 202409 of the City Council of the City of Fairfield Amending and Restating Ordinance No. 202305 and Levying Special Taxes within the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)
RECOMMENDED ACTION
Provide second reading and adopt Ordinance No. 202409.

STATEMENT OF ISSUE
On October 15, 2024, the City Council held a public hearing and a landowner election in change proceedings for “City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)” (CFD). The final step in the change proceedings is to adopt the proposed ordinance levying special taxes in the CFD, which was introduced on October 15, 2024.

DISCUSSION
Background Information about the CFD and Improvement Area No. 1: The City Council previously conducted proceedings under the MelloRoos Community Facilities Act of 1982, (Mello Roos Act), to form (i) the 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 City 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 (the “Improvement Area No. 1 Bonded Indebtedness Limit”) and (ii) on behalf of those Packet Page 25 of 401

Pursuant to Ordinance No. 202305, introduced by the City 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.

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

Prior Actions Taken in the 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 was 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 Non Improvement Area No. 1 Bonded Indebtedness Limit from $15,000,000 to $20,000,000.

On September 3, 2024, the City Council adopted a resolution declaring its intention to undertake the requested change proceedings and calling a public hearing for October 15, 2024.

On October 15, 2024, the City Council:
a. Held the public hearing.
b. Conducted a mail ballot election of the landowner electors in Improvement Area No. 1 at which the landowner electors unanimously approved the ballot measure. c. Adopted its Resolution No. 2024256, in which the City Council determined that the amendment of the Improvement Area No. 1 Rate and Method and the increase in the Improvement Area No. 1 Bonded Indebtedness Limit are lawfully authorized, approved an increase in the NonImprovement Area No. 1 Bonded Indebtedness Limit, and waived the provision in the City’s adopted local goals and policies for community facilities districts requiring at least a four to one value to lien ratio for bonds issued by the City for the CFD and determined that the value to lien ratio for bonds issued by the City for the CFD shall be at least three to one, unless the City and the master developer of the One Lake project otherwise agree on a higher value to lien ratio.
d. Introduced an ordinance levying the special taxes in Improvement Area No. 1 in accordance with the amended Improvement Area No. 1 Rate and Method.

Since then, the City Clerk recorded 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.

Tonight’s Action:Staff recommends that the City Council adopt the ordinance levying the special taxes in Improvement Area No. 1 in accordance with the amended Improvement Area No. 1 Rate and Method.

General Plan and Specific Plan Consistency:The proposed change proceedings are consistent with the Amended and Restated Development Agreement governing the 1,570 acres within the Train Station Specific Plan (“TSSP”) Area, including a 5th Amendment approved by the City Council on September 3, 2024.

Environmental Review:An Environmental Impact Report (EIR) was previously prepared and certified Packet Page 26 of 401

Agenda Item No: 7.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Second Reading and Adoption of Ordinance 202409 of the City Council of the City ofFairfield Amending and Restating Ordinance No. 202305 and Levying Special Taxeswithin the City of Fairfield Community Facilities District No. 20231 (One Lake PlanningArea 5)RECOMMENDED ACTIONProvide second reading and adopt Ordinance No. 202409.STATEMENT OF ISSUEOn October 15, 2024, the City Council held a public hearing and a landowner election in changeproceedings for “City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)”(CFD). The final step in the change proceedings is to adopt the proposed ordinance levying specialtaxes in the CFD, which was introduced on October 15, 2024.DISCUSSIONBackground Information about the CFD and Improvement Area No. 1: The City Councilpreviously conducted proceedings under the MelloRoos Community Facilities Act of 1982, (MelloRoos Act), to form (i) the CFD, (ii) “Improvement Area No. 1 of the City of Fairfield Community FacilitiesDistrict No. 20231 (One Lake Planning Area 5)” (Improvement Area No. 1), and (iii) “City of FairfieldCommunity Facilities District No. 20231 (One Lake Planning Area 5) (Future Annexation Area)” (FutureAnnexation 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 andMethod”). In its Resolution No. 202332 adopted on February 21, 2023 (Resolution DeterminingNecessity), the City Council determined the necessity for the City to incur bonded indebtedness in oneor more series (i) on behalf of Improvement Area No. 1 in an aggregate amount not to exceed$90,000,000 (the “Improvement Area No. 1 Bonded Indebtedness Limit”) and (ii) on behalf of thoseportions of the CFD that are not included in Improvement Area No. 1 in an aggregate amount of not toexceed $15,000,000 (“NonImprovement Area No. 1 Bonded Indebtedness Limit”); andAt an election of the qualified electors in Improvement Area No. 1 held on February 21, 2023, thequalified electors approved, among other things, the levy of special taxes according to the ImprovementArea No. 1 Rate and Method and the Improvement Area No. 1 Bonded Indebtedness Limit. Pursuant to Ordinance No. 202305, introduced by the City Council on February 21, 2023, and adoptedon March 21, 2023, the City 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.Prior Actions Taken in the CFD Change Proceedings:Pursuant to a petition received by the Cityfrom One Lake Holdings LLC, which is the owner of 25% or more of the land within Improvement AreaNo. 1 that is not exempt from the special taxes, the City was asked to (i) amend the Improvement AreaNo. 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.On September 3, 2024, the City Council adopted a resolution declaring its intention to undertake therequested change proceedings and calling a public hearing for October 15, 2024.On October 15, 2024, the City Council:a. Held the public hearing. b. Conducted a mail ballot election of the landowner electors in Improvement Area No. 1 at which thelandowner electors unanimously approved the ballot measure. c. Adopted its Resolution No. 2024256, in which the City Council determined that the amendment ofthe Improvement Area No. 1 Rate and Method and the increase in the Improvement Area No. 1 BondedIndebtedness Limit are lawfully authorized, approved an increase in the NonImprovement Area No. 1Bonded Indebtedness Limit, and waived the provision in the City’s adopted local goals and policies forcommunity facilities districts requiring at least a four to one value to lien ratio for bonds issued by theCity for the CFD and determined that the value to lien ratio for bonds issued by the City for the CFDshall be at least three to one, unless the City and the master developer of the One Lake projectotherwise agree on a higher value to lien ratio.d. Introduced an ordinance levying the special taxes in Improvement Area No. 1 in accordance with theamended Improvement Area No. 1 Rate and Method.Since then, the City Clerk recorded an amendment to the Notice of Special Tax Lien for ImprovementArea No. 1 to reflect the amended Improvement Area No. 1 Rate and Method.Tonight’s Action:Staff recommends that the City Council adopt the ordinance levying the specialtaxes in Improvement Area No. 1 in accordance with the amended Improvement Area No. 1 Rate andMethod.General Plan and Specific Plan Consistency:The proposed change proceedings are consistentwith the Amended and Restated Development Agreement governing the 1,570 acres within the TrainStation Specific Plan (“TSSP”) Area, including a 5th Amendment approved by the City Council onSeptember 3, 2024.

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 Amended and Restated Development Agreement, as amended, 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
The costs of the change proceedings were paid by One Lake Holding LLC, the current master developer of the One Lake Project.

The proposed bonds to be issued by the City for the CFD with respect to Improvement Area No. 1 will be payable only from special taxes levied in Improvement Area No. 1, and the costs of issuing the bonds will be paid from bond proceeds.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The City Council approved the 5th Amendment on September 3, 2024. The change proceedings approved by the City Council on October 15, 2024 implement the 5th Amendment. The proposed ordinance levies special taxes consistent with the change proceedings. The City Council could choose not to adopt the ordinance, but that choice would not be consistent with its actions on October 15, 2024.

ALTERNATIVE ACTION
The ordinance levies the special taxes approved by the landowner electors and the City Council on October 15, 2024.

STAFF CONTACT
John Furtado, Director of Finance
(707) 4287269
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Public Works Department ATTACHMENTS:

Description
Attachment 1: Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/6/2024 9:12 AM
Packet Page 27 of 401

CITY OF FAIRFIELD

ORDINANCE NO. 2024-09

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING AND RESTATING ORDINANCE NO. 2023-05 AND LEVYING SPECIAL TAXES WITHIN THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5)

The City Council of the City of Fairfield (the “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 (the “Act”), to form (i) “City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)” (the “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

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

In the City Council's Resolution No. 2023-31 adopted on February 21, 2023 (the “Resolution of Formation”), the City 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 (the “Boundary Map”); and

In the Resolution of Formation, the City 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 (the “Improvement Area No. 1 Rate and Method”); and

In the City Council’s Resolution No. 2023-32 adopted on February 21, 2023 (the “Resolution Determining Necessity”), the City 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 (the “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 (the “Non-Improvement Area No. 1 Bonded Indebtedness Limit”); and

Packet Page 28 of 401Attachment 1 Page 1 of 6

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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

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

Pursuant to Ordinance No. 2023-05, introduced by the City Council on February 21, 2023, and adopted on March 21, 2023 (the “Original Ordinance”), the City Council levied special taxes in Improvement Area No. 1 according to the Improvement Area No. 1 Rate and Method and on any parcels in the Future Annexation Area that are annexed into a Future Improvement Area pursuant to the Act at the rate and in ac cordance with the formula approved by the qualified electors in the Future Improvement Areas in the manner required by the Act; and

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

On September 3, 2024, the City Council adopted its Resolution No. 2024-222, entitled “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” (the “Resolution of Consideration”), pursuant to which the City Council, among other things (i) approved an increase in the Improvement Area No. 1 Indebtedness Limit to $100,000,000 (the “Amended Improvement Area No. 1 Bonded Indebtedness Limit”), subject to approval by two-thirds of the votes cast on the proposition of the Amended Improvement Area No. 1 Bonded indebtedness Limit at an election of the qualified electors in Improvement Area No. 1 and (ii) approved the proposed amended and restated Improvement Area No. 1 Rate and Method (the “Amended and Restated Improvement Area No. 1 Rate and Method”) in the form attached as Exhibit A to the Resolution of Consideration, 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 ; and

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ORD. NO. 2024-09

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Pursuant to the Resolution of Consideration, the City Council also approved the proposed increase in the Non-Improvement Area No. 1 Bonded Indebtedness Limit to $20,000,000, and further resolved that, as provided by the City Council in the Resolution Determining Necessity, (i) 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 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 and (ii) 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; and

Pursuant to the Resolution of Consideration, the City Council set a public hearing for October 15, 2024; and

The City Clerk caused to be published in a newspaper of general circulation published in the area of the CFD a notice of the public hearing, stating that the Council will hold a public hearing on the proposed amendment and restatement of the Improvement Area No.1 Rate and Method, the proposed increase of the Improvement Area No. 1 Bonded Indebtedness Limit from $90,000,000 to $100,000,000, and the proposed increase of the Non-Improvement Area No. 1 Bonded Indebtedness Limit from $15,000,000 to $20,000,000; and

The public hearing was held on October 15, 2024, and the proposed amendment and restatement of the Improvement Area No.1 Rate and Method and the proposed increase of the Improvement Area No. 1 Bonded Indebtedness Limit from $90,000,000 to $100,000,000 was not opposed by more than 50% of the owners of land not exempt from the special tax within Improvement Area No. 1; the County has confirmed that there were no registered voters in Improvement Area No. 1; and

Government Code Section 53338 authorizes the holding of a special election of the qualified electors in Improvement Area No. 1 on the issue of (i) approving the Amended and Restated Improvement Area No. 1 Rate and Method and (ii) approving the Amended Improvement Area No. 1 Bonded Indebtedness Limit; and

Following the public hearing, the City Council adopted a resolution entitled "Resolution of the City Council of the City of Fairfield Calling a Special Election To Amend and Restate the Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 and Packet Page 30 of 401Attachment 1 Page 3 of 6

ORD. NO. 2024-09

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Increase the Authorized Principal Amount of Bonded Indebtedness for Improvement Area No. 1," calling for a special landowner election of the qualified electors within Improvement Area No. 1 to be held on October 15, 2024; and

The special election was held on October 15, 2024, and the ballots were submitted to the City Clerk as the official conducting the election; and

The City Council subsequently adopted a resolution entitled “Resolution of the City Council of the City of Fairfield Declaring Results of Special Election to Amend and Restate the Rate and Method of Apportionment of Special Tax for Improvement Area No . 1 and Increase the Authorized Principal Amount of Bonded Indebtedness for Improvement Area No. 1” on October 15, 2024, in which it found that two-thirds of the votes cast at the election were in favor of the ballot measure; and

Also on October 15, 2024, the City Council subsequently adopted a resolution entitled “Resolution of the City Council of the City of Fairfield Determining that an Amended and Restated Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 and an increase in the Authorized Principal Amount of Bonded Indebtedness for Improvement Area No. 1 are Lawfully Authorized, and Approving an Increase in the Non - Improvement Area No. 1 Bonded Indebtedness Limit” (the “Resolution of Change”); and

As a result of the lawful authorization of the Amended and Restated Improvement Area No. 1 Rate and Method, the City Council wishes to amend and restate the Original Ordinance to provide for the levy of special taxes in Improvement Area No. 1 in accordance with the Amended and Restated Improvement Area No. 1 Rate and Method, beginning in fiscal year (FY) 2025-26.

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

SECTION 1. Effective with FY 2025-26, by the passage of this Ordinance this City Council hereby levies special taxes within Improvement Area No. 1 and on any parcels in the Future Annexation Area that are annexed into Improvement Area No. 1 or a Future Improvement Area pursuant to the Act. The Improvement Area No. 1 Rate and Method and the Original Rate and Method shall remain in effect through FY 2024-25.

With respect to Improvement Area No.1, the City shall levy the special taxes at the rate and in accordance with the Amended and Restated Improvement Area No. 1 Rate and Method set forth in the Resolution of Change, which Resolution of Change is by this reference incorporated herein.

With respect to Future Improvement Areas, the City shall levy the special taxes at the rate and in accordance with the formula approved by the qualified electors in the Future Improvement Areas in the manner required by the Act (each, a “Future Rate and Packet Page 31 of 401Attachment 1 Page 4 of 6

ORD. NO. 2024-09

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Method”; together with the Amended and Restated Improvement Area No. 1 Rate and Method, the “Rate and Methods”). The special taxes are hereby levied commencing in FY 2025-26 and in each fiscal year thereafter for the period provided in applicable Rate and Methods, as contemplated by the Resolution of Formation and the Resolution of Necessity, and all costs of administering the CFD.

SECTION 2. The finance director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within Improvement Area No. 1 and each Future Improvement Area, in the manner and as provided in the applicable Rate and Method.

SECTION 3. Except as provided in the Rate and Methods, properties or entities of the State, federal, or local governments shall be exempt from any levy of special taxes. Other parcels shall be exempt from the levy of the special taxes as provided in the applicable Rate and Methods. In no event shall the special taxes be levied on any parcel within Improvement Area No. 1 or a Future Improvement Area (including any parcels in the Future Annexation Area that are annexed into the CFD) in excess of the maximum tax specified in the applicable Rate and Method.

SECTION 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on bonds and other debt (as defined in the Act) issued by the City for the CFD with respect to Improvement Area No. 1 or a Future Improvement Area (the “Bonds”), the replenishment of the reserve fund for the Bonds, the payment of the costs of the Facilities and the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax.

SECTION 5. With respect to each improvement area of the CFD, the special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that this City Council may provide for other appropriate methods of collection by resolutions of this council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The city manager (or designee) of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the special tax so that the special tax shall be included on the secured property tax roll of the County of Solano for FY 2025-26 and for each fiscal year thereafter until the Bonds are paid in full or such longer period of time provided in the Rate and Methods.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within Improvement Area No. 1 Packet Page 32 of 401Attachment 1 Page 5 of 6

ORD. NO. 2024-09

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or a Future Improvement Area, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within Improvement Area No. 1 or a Future Improvement Area (including any parcels in the Future Annexation Area that are annexed into the CFD) shall not be affected.

SECTION 7. The mayor shall sign this Ordinance, and the city clerk shall cause the same to be published within 15 days after its passage at least once in a newspaper of general circulation published and circulated in the City.

SECTION 8. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within 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 15th day of October 2024, and

PASSED AND ADOPTED this 19th day of November 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 33 of 401Attachment 1 Page 6 of 6

Agenda Item No: 8.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024261 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the landscape improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision as complete.

DISCUSSION
Rancho Tolenas Corp. (Developer) has completed all the required landscape improvements at the subdivision in accordance with the landscape improvement agreement approved by City Council on March 16, 2021, by Resolution No. 202151.

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
The development area was annexed to Community Facilities District 20122 to provide funding for the public safety services, the operation and maintenance of open space areas, and park maintenance, and to the Woodlake Lighting and Landscape Maintenance District (LLMD No. 14) for public lighting and landscaping within the Woodlake area. All landscaping will be maintained by either various fronting property owners or through LLMD No. 14 funding.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
Packet Page 34 of 401

Agenda Item No: 8.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024261 of the City Council of the City of Fairfield Accepting theLandscape Improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision asCompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the landscape improvements for the Villages at Fairfield –Village II – Lot 3 Subdivision as complete.DISCUSSIONRancho Tolenas Corp. (Developer) has completed all the required landscape improvements at thesubdivision in accordance with the landscape improvement agreement approved by City Council onMarch 16, 2021, by Resolution No. 202151.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 IMPACTThe development area was annexed to Community Facilities District 20122 to provide funding for thepublic safety services, the operation and maintenance of open space areas, and park maintenance,and to the Woodlake Lighting and Landscape Maintenance District (LLMD No. 14) for public lightingand landscaping within the Woodlake area. All landscaping will be maintained by either various frontingproperty owners or through LLMD No. 14 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 11/4/2024 7:42 PM
Chaudhary, Savita Approved 11/5/2024 6:46 PM
Beavers, Esther Approved 11/5/2024 7:15 PM
Beavers, Esther Approved 11/5/2024 7:15 PM
Packet Page 35 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-261

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE LANDSCAPE IMPROVEMENTS FOR THE VILLAGES AT FAIRFIELD – VILLAGE II – LOT 3 SUBDIVISION AS

COMPLETE

WHEREAS, the City Council approved a Landscape Improvement Agreement with Rancho Tolenas Corp. (Developer) for the required landscape improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision on March 16, 2021, by Resolution No. 2021-51; and

WHEREAS, the Developer has completed all the required improvements in accordance with the Landscape Improvement Agreement approved by 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 Landscape Improvement Agreement between the City and the Developer, approved by council on March 16, 2021.

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 36 of 401Attachment 1 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024262 of the City Council of the City of Fairfield Accepting the Improvements for the Villages at Fairfield – Village II – Lot 3 Master Infrastructure as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the improvements for the Villages at Fairfield – Village II – Lot 3 Master Infrastructure as complete.

DISCUSSION
Rancho Tolenas Corp. (Developer) has completed all the required improvements at the subdivision in accordance with the improvement agreement approved by City Council on January 19, 2021, by Resolution No. 202108. The improvements include the extension of the existing sewer infrastructure to the new lift station site located within Village II of the Villages at Fairfield development. These sewer enhancements will provide service to 172 singlefamily lots within Village II. Additionally, the improvements include the extension of the existing 12inch water main along High Line Drive, establishing the necessary water infrastructure to serve 82 singlefamily lots in Lot 3 of Village II.

Staff has inspected the improvements and found them to be complete in accordance with City standards and the requirements of the improvement agreement. The proposed resolution accepts the 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 improvements by council will obligate the City to maintain the water infrastructure improvements. Ongoing maintenance costs for the public water infrastructure improvements will be funded by the Water Enterprise Fund (Fund 461). The 12inch sewer force main and lift station shall be owned and maintained by the FairfieldSuisun Sewer District. Upon activation of this lift station, the existing sewer lift station serving the area that is owned and maintained by the City of Fairfield shall be Packet Page 37 of 401

Agenda Item No: 9.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024262 of the City Council of the City of Fairfield Accepting theImprovements for the Villages at Fairfield – Village II – Lot 3 Master Infrastructure asCompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the improvements for the Villages at Fairfield – Village II – Lot3 Master Infrastructure as complete.DISCUSSIONRancho Tolenas Corp. (Developer) has completed all the required improvements at the subdivision inaccordance with the improvement agreement approved by City Council on January 19, 2021, byResolution No. 202108. The improvements include the extension of the existing sewer infrastructure tothe new lift station site located within Village II of the Villages at Fairfield development. These sewerenhancements will provide service to 172 singlefamily lots within Village II. Additionally, theimprovements include the extension of the existing 12inch water main along High Line Drive,establishing the necessary water infrastructure to serve 82 singlefamily lots in Lot 3 of Village II.Staff has inspected the improvements and found them to be complete in accordance with Citystandards and the requirements of the improvement agreement. The proposed resolution accepts theimprovements as being complete, except for the obligation of the Developer to repair or reconstructdefective work for a period of one year after final acceptance.FINANCIAL IMPACTAcceptance of the improvements by council will obligate the City to maintain the water infrastructureimprovements. Ongoing maintenance costs for the public water infrastructure improvements will befunded by the Water Enterprise Fund (Fund 461). The 12inch sewer force main and lift station shall be owned and maintained by the FairfieldSuisun Sewer District. Upon activation of this lift station, the existing sewer lift station serving the area that is owned and maintained by the City of Fairfield shall be abandoned.

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 11/4/2024 7:42 PM
Chaudhary, Savita Approved 11/5/2024 6:46 PM
Beavers, Esther Approved 11/5/2024 7:11 PM
Beavers, Esther Approved 11/5/2024 7:14 PM
Packet Page 38 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-262

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE IMPROVEMENTS FOR THE VILLAGES AT FAIRFIELD – VILLAGE II – LOT 3 MASTER

INFRASTRUCTURE AS COMPLETE

WHEREAS, the City Council approved an Improvement Agreement with Rancho Tolenas Corp. (Developer) for the required landscape improvements for the Villages at Fairfield – Village II – Master Infrastructure on January 19, 2021, by Resolution No. 2021-08; and

WHEREAS, the Developer has completed all of the required improvements in accordance with the Improvement Agreement approved by 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 Improvement agreement between the City and the Developer, approved by council on January 19, 2021.

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 39 of 401Attachment 1 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024263 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Villages at Fairfield – Village II – Lot 4 Subdivision as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the landscape improvements for the Villages at Fairfield – Village II – Lot 4 Subdivision as complete.

Staff has inspected the 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
The development area was annexed to the Community Facilities District 20122 to provide funding for public safety services, open space operation, and park maintenance and to the Woodlake Lighting and Maintenance District (LLMD No. 14) maintenance of public lighting and landscaping within the Woodlake area. All interior landscaping is maintained by various fronting property owners or through LLMD No. 14 funding.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
Packet Page 40 of 401

Agenda Item No: 10.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024263 of the City Council of the City of Fairfield Accepting theLandscape Improvements for the Villages at Fairfield – Village II – Lot 4 Subdivision asCompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution will accept the landscape improvements for the Villages at Fairfield –Village II – Lot 4 Subdivision as complete.DISCUSSIONRancho Tolenas Corp. (Developer) has completed all the required landscape improvements at thesubdivision in accordance with the landscape improvement agreement approved by City Council onMarch 16, 2021, by Resolution No. 202153.Staff has inspected the improvements and found them to be complete in accordance with Citystandards and the requirements of the landscape improvement agreement. The proposed resolutionaccepts the landscape improvements as being complete, except for the obligation of the Developer torepair or reconstruct defective work for a period of one year after final acceptance.FINANCIAL IMPACTThe development area was annexed to the Community Facilities District 20122 to provide funding forpublic safety services, open space operation, and park maintenance and to the Woodlake Lighting andMaintenance District (LLMD No. 14) maintenance of public lighting and landscaping within theWoodlake area. All interior landscaping is maintained by various fronting property owners or throughLLMD No. 14 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 11/4/2024 8:28 PM
Chaudhary, Savita Approved 11/5/2024 6:46 PM
Beavers, Esther Approved 11/5/2024 7:16 PM
Beavers, Esther Approved 11/5/2024 7:16 PM
Packet Page 41 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-263

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE LANDSCAPE IMPROVEMENTS FOR THE VILLAGES AT FAIRFIELD – VILLAGE II – LOT 4 SUBDIVISION AS

COMPLETE

WHEREAS, the City Council approved a Landscape Improvement Agreement with Rancho Tolenas Corp. (Developer) for the required landscape improvements for the Villages at Fairfield – Village II – Lot 4 Subdivision on March 16, 2021, by Resolution No. 2021-53; and

WHEREAS, the Developer has completed all of the required improvements in accordance with the Landscape Improvement Agreement approved by 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 Landscape Improvement Agreement between the City and the Developer, approved by council on March 16, 2021.

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 42 of 401Attachment 1 Page 1 of 1

Agenda Item No: 11.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024264 of the City Council of the City of Fairfield Approving Amendment No. 1 to the Existing Contractor Service Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 10 Southbrook and Authorizing an Update to the Fiscal Year 20242025 Budget for Landscaping and Lighting Maintenance District No. 10 Southbrook RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute Amendment No. 1 to the combined Contractor Services Agreement with True North Landscapes, LLC for Landscape Maintenance Services for Landscaping and Lighting Maintenance District No. 10 Southbrook (LLMD No. 10) and Lighting Maintenance District No. 16 Creekside (LMD No. 16) to include additional landscape maintenance services in LLMD No. 10 for an amended contract total of $564,381.99. The resolution will also authorize a onetime budget adjustment of $22,134 to increase appropriations in the fiscal year (FY) 20242025 LLMD No. 10 operating budget for landscape maintenance services.

DISCUSSION
The current Contractor Services Agreement for landscape services in LLMD No. 10 and LMD No. 16 was executed on August 26, 2024, with True North for a total amount not to exceed $542,247.99 for the initial 16month term effective September 1, 2024, through December 31, 2025, and included an option to extend for up to four additional terms of up to 24 months each term.

On August 1, 2024, the City accepted the additional landscaped area of Gold Hill III, which is located within LLMD No. 10. Amendment No. 1 amends the Contractor Services Agreement with True North to include the additional landscape services for this area, which shall not exceed $22,134 beginning November 1, 2024, through December 31, 2025.

Agenda Item No: 11.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024264 of the City Council of the City of Fairfield Approving AmendmentNo. 1 to the Existing Contractor Service Agreement with True North Landscapes, LLCfor Landscape Maintenance Services in the Landscaping and Lighting MaintenanceDistrict No. 10 Southbrook and Authorizing an Update to the Fiscal Year 20242025Budget for Landscaping and Lighting Maintenance District No. 10 SouthbrookRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the attached resolution will authorize the city manager to execute Amendment No. 1 to thecombined Contractor Services Agreement with True North Landscapes, LLC for LandscapeMaintenance Services for Landscaping and Lighting Maintenance District No. 10 Southbrook (LLMDNo. 10) and Lighting Maintenance District No. 16 Creekside (LMD No. 16) to include additionallandscape maintenance services in LLMD No. 10 for an amended contract total of $564,381.99. Theresolution will also authorize a onetime budget adjustment of $22,134 to increase appropriations in thefiscal year (FY) 20242025 LLMD No. 10 operating budget for landscape maintenance services.DISCUSSIONThe current Contractor Services Agreement for landscape services in LLMD No. 10 and LMD No. 16was executed on August 26, 2024, with True North for a total amount not to exceed $542,247.99 for theinitial 16month term effective September 1, 2024, through December 31, 2025, and included an optionto extend for up to four additional terms of up to 24 months each term.On August 1, 2024, the City accepted the additional landscaped area of Gold Hill III, which is locatedwithin LLMD No. 10. Amendment No. 1 amends the Contractor Services Agreement with True North toinclude the additional landscape services for this area, which shall not exceed $22,134 beginningNovember 1, 2024, through December 31, 2025.

The approval of the attached resolution will authorize the city manager to execute Amendment No. 1 to the Contractor Services Agreement with True North to increase the total contract amount to $564,381.99 for landscape maintenance services in LLMD No. 10 and LLMD No. 16. The resolution will also authorize a onetime budget adjustment of $22,134 to increase appropriations in the fiscal year (FY) 20242025 LLMD No. 10 operating budget for landscape maintenance services.

FINANCIAL IMPACT
Total authorization for Amendment No. 1 to the Contractor Services Agreement is $22,134 for the remainder of the contract, which will be paid from the Southbrook Maintenance District Fund (Organization Code 17660107). The total contract amount will not exceed $564,381.99.

The increase to the Contract Services Agreement of $22,134 was not previously budgeted for within the FY 20242025 budget and requires a budget adjustment to increase appropriations. Total authorization for a onetime budget adjustment is $22,134 to increase appropriations in the FY 20242025 LLMD No. 10 operating budget (Organization Code 176601078405), which will be offset using the District’s fund balance. Staff has confirmed there is adequate funding in Fund 176 to accommodate the additional funding request.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the attached resolution, and True North may agree to provide landscape maintenance services under an existing open service contract on a monthtomonth basis.

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Attachment1: Proposed Resolution
Attachment 2: Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/6/2024 8:26 AM
Packet Page 44 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-264

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AMENDMENT NO. 1 TO THE EXISTING CONTRACTOR SERVICES AGREEMENT WITH TRUE NORTH LANDSCAPES,

LLC FOR LANDSCAPE MAINTENANCE SERVICES IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 10 – SOUTHBROOK AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 10 - SOUTHBROOK

WHEREAS, landscaping services in the Landscape and Lighting Maintenance District No. 10 - Southbrook (LLMD No. 10) area have been funded with assessments levied under the landscaping and lighting districts (LLMD) since 1989; and

WHEREAS, landscaping services in Lighting Maintenance District No. 16 - Creekside (LMD No. 16) area have been funded with assessments levied under the landscaping and lighting districts (LLMD) since 2003; and

WHEREAS, on August 26, 2024, the City entered into a contract with True North Landscapes, LLC (True North) for LLMD No. 10 and LMD No. 16; and

WHEREAS, on August 1, 2024, the City accepted the additional landscaped area of Gold Hill III (back of curb to soundwall on Lopes Road from Andante Way to Gold Hill Road, Andante Way, and 425 feet of Gold Hill Road from northwest shoulder) in LLMD No. 10; and

WHEREAS, the City wishes to amend the Contractor Services Agreement with True North for landscape maintenance services in LLMD No. 10 to include the above-mentioned additional landscaped area; and

WHEREAS, costs for Amendment No. 1 were not included in the fiscal year (FY) 2024-2025 operating budget for LLMD No. 10, thus requiring an increase in appropriations of $22,134 to LLMD No. 10 (Fund 176); and

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

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

Section 1. The city manager is hereby authorized and directed to execute Amendment No. 1 to the Agreement between the City of Fairfield and True North for landscape maintenance Packet Page 45 of 401Attachment 1 Page 1 of 2

RES. NO. 2024-264

Page 2 ends

services at LLMD No. 10 to increase the contract amount by $22,134 for a total contract amount of $564,381.99 beginning November 1, 2024, and ending December 31, 2025.

Section 2. The council hereby approves a one-time budget amendment of $22,134 from the LLMC No. 10 fund balance (Fund 176) to its operating budget (Organization Code 17660107- 8405).

Section 3. The council hereby approves an increase in appropriations of $22,134 to the FY 2024-2025 LLMD No. 10 (Fund 176) operating budget.

Section 4. The public works director or designee is authorized and directed to do all things necessary to implement the Agreement and budget adjustment.

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 46 of 401Attachment 1 Page 2 of 2

1 Revised June 2024
AMENDMENT NO. 1

CONTRACTOR SERVICES AGREEMENT
Landscape Maintenance Services for Landscaping and Lighting Maintenance District No. 10 – Southbrook and No. 16 – Creekside
Between City of Fairfield and True North Landscapes, LLC

This Amendment No. 1, made by and entered into as of the ___ day of________, 2024, by and between the CITY of FAIRFIELD, a municipal corporation (hereinafter “CITY”), AND TRUE NORTH LANDSCAPES, LLC (hereinafter “CONTRACTOR”), for the purpose of modifying the Landscaping and Lighting Maintenance District No. 10 – Southbrook and No. 16 – Creekside contract dated August 26, 2024, (together herein “AGREEMENT”), between the parties (hereinafter “AMENDMENT NO. 1”).

The revisions to the AGREEMENT are limited to those specific below. All other provisions of the AGREEMENT remain in effect as set forth in Exhibit “D” of this AMENDMENT NO. 1.

The AGREEMENT is amended as follows:

1. Exhibit “A” is hereto modified to include Area Map No. “AM-7” as set forth in Exhibit “A” of this AMENDMENT NO. 1.

2. Exhibit “B” is replaced in its entirety as set forth in Exhibit “B” of this AMENDMENT NO. 1.

3. Exhibit “B-1” is hereto modified to include CONTRACTOR’S proposal titled “LLMD No. 10 – Southbrook – Gold Hill III Addition (July 1, 2024)” as set forth in Exhibit “C” of this AMENDMENT NO. 1.

Except as specifically set forth herein, all terms and conditions of the AGREEMENT between the CITY and CONTRACTOR, dated August 26, 2024, shall remain in full force and effect.

In Witness whereof, the parties through their authorized representatives, have affixed their signature.

Packet Page 47 of 401Attachment 2 Page 1 of 41

2 Revised June 2024

CITY OF FAIRFIELD
a municipal corporation
By
David Gassaway, City Manager

TRUE NORTH LANDSCAPES, LLC

By
David Huppe, President/CEO
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3 Revised June 2024
EXHIBIT “A”

1. AREA MAPS INDEX
Southbrook Gold Hill III ..............................................................................................................AM–7 Packet Page 49 of 401Attachment 2 Page 3 of 41

4 Revised June 2024
EXHIBIT “B”
EXHIBIT “B”

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $564,381.99 for the initial 16-month term, which is effective September 1, 2024, through December 31, 2025.
2) Payment shall be made to the CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”.

3) Any additional meetings on work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield.

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5 Revised June 2024
EXHIBIT “C”
EXHIBIT “B-1”
LLMD No. 10 – SOUTHBROOK – GOLD HILL III ADDITION (July 1, 2024)

ITEM FREQUENCY UNIT
COST
ANNUAL
COST

LAWN AND HARD FESCUE CARE
Lawn mowing N/A $ n/a
Lawn edging N/A $ n/a
Spot Weed Control Weekly $ n/a
Weed Control: Broadleaf and Grassy Two Times- Spring and Fall $ n/a Control of Turf Diseases, Insect Infestations As Needed $ n/a Fertilize One time (1X) $ n/a

SHRUB AND TREE CARE
Pre- Emergent weed control Two Times- Spring and Fall $ 576 Weed Control As Needed $ 2,796
Tree Pruning Two Times (2X)- PED only $ 1,000
Control of Diseases, Insect Infestations As needed $
Shrub Pruning Four Times (4X) $ 13,600
Leaf, litter, and Trash removal Weekly- $ 200
Fertilize One Time (1X) $ 800

GROUND COVER AND VINES
Leaf, litter, and trash removal Weekly Incl/S&T
Weed control Weekly Incl/S&T
Pre-emergent weed control Two Times- Spring and Fall Incl/S&T Control of Diseases, Insect Infestations As needed Incl/S&T Ground cover pruning and edging Four Times (4X) Incl/S&T

DRAINAGE BASIN
Leaf, litter, and trash removal Weekly included
Weed control- top of bank As needed Incl/S&T

MISCELLANEOUS FACILITIES
High weed mowing N/A $ n/a
V-ditch cleaning N/A included
Trash Pickup N/A included

TOTAL
BID $ 18,972
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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All notices and disclosures will be sent to you electronically Packet Page 85 of 401Attachment 2 Page 39 of 41

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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Agenda Item No: 12.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024265 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to C. Overaa & Co. for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project; and Resolution 2024266 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement for Coastland Civil Engineering, LLP to Provide Engineering Services During Construction for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The high lift pump station at the Waterman Water Treatment Plant (WWTP) contains aging hydraulic and electrical equipment that has exceeded their service life and requires replacement. The Waterman Water Treatment Plant High Lift and Power Upgrade Project (Project) will upgrade the high lift pump station pump and electrical system. Adoption of the two proposed resolutions will approve the plans and specifications for the Project, awarding a contract in the amount of $5,497,000 to C. Overaa & Co. (Overaa) of Richmond, California, and approve a Professional Services Agreement (PSA) with Coastland Civil Engineering, LLP (Coastland) to provide technical engineering assistance during the construction phase of the Project for a not to exceed amount of $267,019.

DISCUSSION
The WWTP was constructed in 1974 and has had numerous projects to upgrade equipment and improve reliability. The high lift pump station located at the WWTP is used to pump water to the western portion of Fairfield. Electrical components and pumping equipment within the pump station show signs of aging from the routine wearandtear and are due for replacement in order to maintain and safely operate the WWTP.

The Project involves substantial upgrades to the high lift pump station, which includes replacing the existing five turbine pumps, incorporating an emergency backup generator, overhauling the electrical service from 4160 volts to the current 480 volts standard, and installing the new City prepurchased electrical main switchboard with solar breaker for future solar interconnection, manual transfer switch (MTS) and power distribution panel.

Once completed, the Project will improve operational reliability through the incorporation of an emergency backup generator for potential power outage events, which have become increasingly more frequent during fire season as part of Pacific Gas and Electric’s Public Safety Power Shutoff, and will provide a connection point for the upcoming solar field project to help counteract rising energy cost.

Six bids were received and opened on September 24, 2024. The Engineer’s Estimate was $6,628,000 and the apparent low bidder was Overaa in the amount of $5,497,000. Staff has reviewed the bid submitted by Overaa and determined that it is responsive and meets all bid requirements. Overaa and their subcontractors are appropriately licensed and have completed projects of similar size and complexity for other municipal agencies. Staff recommends awarding the Project to Overaa with a 20% contingency authorization due to the specialized nature of work that is not commonly performed in the City.

Staff have contracted with Coastland design services through a task order pursuant to Resolution No. 202089. Coastland staff have been highly responsive and have delivered highquality work for the design phase of this Project. The bids for the Project were very close and competitive, which is indicative of wellprepared design drawings and bid documents. Therefore, staff recommends approving a new PSA with Coastland to provide engineering services during construction of the Project for a total not to exceed cost of $267,019.

FINANCIAL IMPACT
The construction authorization for this Project will be $6,596,400, which is the total bid amount plus a 20% contingency ($5,497,000 total bid + $1,099,400 contingency). Authorization for the PSA with Coastland is for an amount of $293,721, which includes a 10% management reserve ($267,019 contract + $26,702 contingency). Funding for this Project and PSA is captured in the Capital Improvement Program through the Capital Water Fund (Fund 462 Project No. CPW090041).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to reject all bids, but this is not recommended as delaying the award would have a determinantal impact on the Project construction schedule and would also delay the Solar Field Project schedule, which puts the WWTP at risk of not meeting the Net Energy Metering (NEM) 2 deadline.

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 2497784
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Packet Page 89 of 401

Agenda Item No: 12.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024265 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to C. Overaa & Co. for the Waterman WaterTreatment Plant High Lift Pump and Power Upgrade Project; andResolution 2024266 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement for Coastland CivilEngineering, LLP to Provide Engineering Services During Construction for theWaterman Water Treatment Plant High Lift Pump and Power Upgrade ProjectRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe high lift pump station at the Waterman Water Treatment Plant (WWTP) contains aging hydraulic andelectrical equipment that has exceeded their service life and requires replacement. The WatermanWater Treatment Plant High Lift and Power Upgrade Project (Project) will upgrade the high lift pumpstation pump and electrical system. Adoption of the two proposed resolutions will approve the plans andspecifications for the Project, awarding a contract in the amount of $5,497,000 to C. Overaa & Co.(Overaa) of Richmond, California, and approve a Professional Services Agreement (PSA) withCoastland Civil Engineering, LLP (Coastland) to provide technical engineering assistance during theconstruction phase of the Project for a not to exceed amount of $267,019.DISCUSSIONThe WWTP was constructed in 1974 and has had numerous projects to upgrade equipment andimprove reliability. The high lift pump station located at the WWTP is used to pump water to the westernportion of Fairfield. Electrical components and pumping equipment within the pump station show signsof aging from the routine wearandtear and are due for replacement in order to maintain and safelyoperate the WWTP. The Project involves substantial upgrades to the high lift pump station, which includes replacing theexisting five turbine pumps, incorporating an emergency backup generator, overhauling the electricalservice from 4160 volts to the current 480 volts standard, and installing the new City prepurchasedelectrical main switchboard with solar breaker for future solar interconnection, manual transfer switch(MTS) and power distribution panel.Once completed, the Project will improve operational reliability through the incorporation of anemergency backup generator for potential power outage events, which have become increasingly morefrequent during fire season as part of Pacific Gas and Electric’s Public Safety Power Shutoff, and willprovide a connection point for the upcoming solar field project to help counteract rising energy cost.Six bids were received and opened on September 24, 2024. The Engineer’s Estimate was $6,628,000and the apparent low bidder was Overaa in the amount of $5,497,000. Staff has reviewed the bidsubmitted by Overaa and determined that it is responsive and meets all bid requirements. Overaa andtheir subcontractors are appropriately licensed and have completed projects of similar size andcomplexity for other municipal agencies. Staff recommends awarding the Project to Overaa with a 20%contingency authorization due to the specialized nature of work that is not commonly performed in theCity.Staff have contracted with Coastland design services through a task order pursuant to Resolution No.202089. Coastland staff have been highly responsive and have delivered highquality work for thedesign phase of this Project. The bids for the Project were very close and competitive, which isindicative of wellprepared design drawings and bid documents. Therefore, staff recommendsapproving a new PSA with Coastland to provide engineering services during construction of the Projectfor a total not to exceed cost of $267,019.FINANCIAL IMPACTThe construction authorization for this Project will be $6,596,400, which is the total bid amount plus a20% contingency ($5,497,000 total bid + $1,099,400 contingency). Authorization for the PSA withCoastland is for an amount of $293,721, which includes a 10% management reserve ($267,019contract + $26,702 contingency). Funding for this Project and PSA is captured in the CapitalImprovement Program through the Capital Water Fund (Fund 462 Project No. CPW090041).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to reject all bids, but this is not recommended as delaying the award wouldhave a determinantal impact on the Project construction schedule and would also delay the Solar FieldProject schedule, which puts the WWTP at risk of not meeting the Net Energy Metering (NEM) 2deadline.STAFF CONTACTDavid Vong, Senior Civil Engineer(707) 249[email protected] WITHN/A ATTACHMENTS:

Description
Attachment 1: Proposed Resolution Contract Award
Attachment 2: Bid Results
Attachment 3: Proposed Resolution Professional Services Agreement Attachment 4: Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/6/2024 8:27 AM
Packet Page 90 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-265

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO C. OVERAA & CO. FOR THE WATERMAN

WATER TREATMENT PLANT HIGH LIFT PUMP AND POWER UPGRADE PROJECT

WHEREAS, the bid opening for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project (Project) took place on September 24, 2024; and

WHEREAS, the apparent low bidder was C. Overaa & Co. (Overaa) in the amount of $5,497,000; and

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

WHEREAS, staff is recommending that the City Council award the contract to Overaa as the lowest responsive and responsible bidder in the amount of the total bid of $5,497,000.

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

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

Section 2. The city manager or designee is authorized to enter into a contract with Overaa for the Project in the amount of $5,497,000.

Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 20% ($1,099,400) of the above contract amount for a total construction authorization not to exceed $6,596,400 for this Project.

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

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

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RES. NO. 2024-265

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PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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City of Fairfield
Public Works Department

Waterman Water Treatment Plant High Lift Pump and
Power Upgrade Project

NAME OF PROJECT
September 24, 2024, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 C. Overaa & Co. Richmond, CA $5,497,000.00
2 Thompson Builders, Corp Novato, CA $5,527,138.00
3 Mountain Cascade, Inc Livermore, CA $5,747,687.00
4 Auburn Constructors, LLC Sacramento, CA $5,812,300.00 5 Valentine Corporation San Rafael, CA $6,073,369.00
6 Shimmick Construction Company,
Inc Suisun City, CA $8,417,776.00

Engineer’s Estimate $6,665,000.00
Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

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CITY OF FAIRFIELD

RESOLUTION NO. 2024-266

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR COASTLAND CIVIL

ENGINEERING, LLP TO PROVIDE ENGINEERING SERVICES DURING CONSTRUCTION FOR THE

WATERMAN WATER TREATMENT PLANT HIGH LIFT PUMP AND POWER UPGRADE PROJECT

WHEREAS, Coastland Civil Engineering, LLP (Coastland) is an engineering firm with highly qualified staff who have performed a review of the existing high lift pump and electrical system at the Waterman Water Treatment Plant and the engineering design of the proposed upgrades; and

WHEREAS, the Waterman Water Treatment Plant High Lift and Power Upgrade Project (Project) was successfully bid on September 24, 2024; and

WHEREAS, Coastland has highly qualified staff to provide engineering services during the construction of the Project; and

WHEREAS, staff negotiated a scope of work and price for engineering services during the construction of the Project; and

WHEREAS, staff seek to enter into a Professional Services Agreement with Coastland for construction support assistance for the Project.

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

Section 1. The city manager or designee is hereby authorized to execute and administer on behalf of the City of Fairfield a Professional Service Agreement between the City and Coastland for a total not-to-exceed fee of $267,019.

Section 2. The city manager is hereby authorized to execute and administer a management reserve for an amount not-to-exceed 10% ($26,702) of the above contract amount for a total not to exceed contract amount of $293,721.

Section 3. The city manager or designee is hereby authorized to do all things necessary to implement the above-mentioned contract.

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RES. NO. 2024-266

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PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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1 Revised 6/28/2024

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Coastland Civil Engineering, LLP ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz .

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2026. This Agreement may be extended for up to two (2) additional terms of up to twelve (12) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco- Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

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2 Revised 6/28/2024
10)Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets 11)ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: David Vong
E-mail:[email protected]
Address:1000 Webster Street, Fairfield, CA 94533
Telephone:707-428-7784
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Hugh Miles
E-mail: [email protected]
Address: 420 Executive Court North, Ste. G, Fairfield, CA 94534 Telephone: 707-806-3127
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:__________________________________

CONSULTANT
By:___________________________________
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Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 420 Executive Court North, Ste. G Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961 www.coastlandcivil.com
July 3, 2024
Mr. Ryan Panganiban, P.E.

Asst. Director of Public Works/City Engineer
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Subject: Waterman Water Treatment Plant (WTP) High Lift Pump and Power Upgrade Project – Proposal for Construction Support Assistance
Dear Mr. Panganiban,
We are providing this letter proposal in response to David Vong’s request for our team to provide limited Construction Support Assistance for the subject project. The following outlines our understanding of the project scope of services and fee.

SCOPE OF SERVICES
We understand and appreciate the importance of construction support. Due to the highly technical nature of this project, construction support from the design team will be key. Our intention is to be an extension of City staff, providing construction support assistance on an as-needed basis.

Based on our experience, we assume that the City will handle the construction management and only need Coastland | DCCM for limited construction support assistance. We will be available to assist the City staff in answering any requests for information (RFI’s) by the contractor. During construction, Coastland | DCCM and our team of subconsultants will provide the support services on an as requested basis. We have assumed that this will include Coastland | DCCM assisting the City with answering up to fifteen (15) Request for Information (RFI’s) and the review of up to fifteen (15) civil related submittals . ATEEM has allowed for review of up to forty (40) electrical and instrumentation related contractor submittals.

Our subconsultant, KPFF will provide review of the project”s structural shop drawings and calculations. We anticipate review will be required for seismic anchoring of the new switchboards and electric panels structural metal reinforcements related to the two wall openings for the electrical building, generator pad steel and concrete, CMU retaining wall, material shop drawings for generator anchorage, new pump concrete support curbs and pump anchor bolt repairs. This proposal allows for two (2) site visits for KPFF staff for special inspections of the retaining wall and the generator pad during construction and (1) site visit by BSK, our geotechnical engineering subconsultant, during these activities.

ATEEM has included two (2) in person project meetings and twenty (20) virtual meetings during construction, four (4) days for offsite PLC/MCC factory test witnessing and three (3) days for field observation to generate an electrical corrective items list.

EXHIBIT “A”
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July 3, 2024
Ryan Panganiban PE

In order to provide the requested construction support services, we will need to amend our existing subconsultant agreements with ATEEM and KPFF. KPFF’s fee request for their added services has been added to our attached fee estimate. Please see the attached separate ATEEM proposal letter dated 6/21/2024 for their limited electrical related construction support services scope of work and their attached fee spread sheet. Coastland | DCCM will provide project management for the City requested construction support work.

The Coastland | DCCM team will prepare record drawings at the conclusion of the project based on red- line “as-builts” submitted by the City inspector and/or contractor. Record drawings will be submitted to the City in both AutoCAD and PDF electronic formats, but we have assumed no mylar copies will need to be provided.

PROJECT FEE

Based upon the above scope of services, we propose to provide our team’s professional bidding and construction services on an hourly rate, not to exceed basis. The fee for these services is for a total not-to- exceed budget in the amount of $267,019. The construction support services are described above and as shown in the attached Work Estimate and the attached ATEEM proposal letter and spread sheet .

SCHEDULE

Our services for the construction support services will be provided on an as requested basis. Our team is prepared to provide these services as soon as we receive the City’s written approval of this proposal and a written notice to proceed. For your information Hugh Miles will be taking over this project from Ken when he retires in early September of this year.

Thank you for the opportunity you have given Coastland | DCCM to continue assisting the City on this very important project. If you have any questions regarding the contents of this proposal, please feel free to call Ken at (707) 702-1963 or Hugh Miles at (707) 806-3127.

Sincerely,

COASTLAND CIVIL ENGINEERING, LLP

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

Enclosures: Work Estimate
ATEEM Proposal Letter and Spread Sheet
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July 3, 2024 Ryan Panganiban PE

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Coast-Fairfield-HL-cs-Rev2 Page 1 of 2 6/21/2024
June 21, 2024

Mr. Ken Swenson, P.E.

Coastland Civil Engineering
324 Campus Lane, Suite A
Fairfield, CA 94534
E-mail: [email protected]
[email protected]

Location: City of Fairfield, Waterman WTP
Subject: Electrical Engineering Construction Services Quotation & Scope of Work – Revised 2
Project: High Lift Power and Pump Improvement Project
The following lists A T.E.E.M. Electrical Engineering revised Construction Services for the project.

1. Attend project meetings. (2 in person, 26 virtual)

2. Respond to “Request for Information” regarding electrical and instrumentation items. (~20)

3. Answer construction questions and provide clarifications. (~14)

4. Review electrical, instrumentation and control shop drawings and submittals. (~40)

5. Witness and verify Factory Tests. (4 Days)

6. Provide field observation and generate electrical corrective items list. (3 Days)

7. Prepare record contract drawings.

A T.E.E.M. Electrical Engineering Construction Services fee proposal is on the attached spreadsheet.

All prices include overhead, profit, insurance, and travel expenses for site visits to the jobsite. Currently A T.E.E.M. has $2,000,000 general liability and $2,000,000 professional liability insurance in force.

Notes:
1) Witness Field Tests, Start-up and Inspection are not included in this scope of work, but can be quoted separately.
2) Budget is for four consecutive days of PLC/MCC factory test witnessing. Should the factory test take longer than four days, further budget augmentation may be necessary. 3) Additional requests for RFI and Submittal review, outside the agreed scope, will be billed on a T&M basis, exceeding the agreed budget as necessary.

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Coast-Fairfield-HL-cs-Rev2 Page 2 of 2 6/21/2024
A T.E.E.M. is dedicated to meet your needs by providing specialized design, consultant and management services. Please give us a call if you have any questions or require further information.

Sincerely,
Sharon M. Kimizuka, P.E.

A T.E.E.M. Electrical Engineer

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Type of Service: Electrical Construction Services-Revised 2 Customer Name: Coastland Civil
Location: City of Fairfield, Waterman WTP
Project Name: High Lift Power and Pump Improvement Project Project No.: ____________________________ Work Order No.: ________________ Task No.: ______________ Field Eng = FE Office Eng = OE Technical = TA
Hourly Rate:$250 $240 $140
Task Description FE OE TA
Construction Services
1 Attend Project Meetings (2 in person, 26 virtual)8 42 0 =12,080 2 Respond to RFIs (20)0 40 30 =13,800
3 Answer Questions and Issue Clarifications (14)0 28 18 =9,240 4 Review Electrical and Instrumentation Submittals (40)0 200 80 =59,200 5 Witness Factory Tests (4 Days)40 12 12 =14,560
6 Field Observation (3 Days)24 4 4 =7,520
7 Prepare Record Drawings 0 12 24 =6,240
72 338 168 $122,640
Total not to exceed cost:$122,640
Notes:
1) Witness Field Tests, Start-up and Inspection are not included in this scope of work, but can be quoted separately. 2) Budget is four (4) consecutive days of PLC/MCC factory testing. Should the testing take longer than two days, further budget augmentation may be necessary.
3) Additional requests for RFI and Submittal review, outside the agreed scope, will be billed on a T&M basis, exceeding the agreed budget as necessary.
4) Unless otherwise indicated by the Scope of Work above, quote is to furnish only and does not include any trade labor, trade work, construction work, site improvement, contractor services or any trade installation services.

Any trade labor and/or related trade work shall be performed by Others/Contractor. _______________________________________________ Date Signature : Sharon M. Kimizuka, P.E.

Approval
_______________________________________________ Date Signature
CHARGE NO.:

A T.E.E.M. Electrical Engineering
6/21/2024
Coast-Fairfield-HL-cs-Rev2
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4 Revised 6/28/2024
EXHIBIT “B”

PAYMENT
1)The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed two hundred sixty-seven thousand nineteen dollars ($267,019). 2)Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the City of Fairfield, Public Works Department, Attention: David Vong for the same.
3)Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the City of Fairfield, Public Works Department, Attention: David Vong.

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5 Revised 6/28/2024
EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice Packet Page 105 of 401Attachment 4 Page 10 of 14

6 Revised 6/28/2024
to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

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

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.

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7 Revised 6/28/2024
12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

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EXHIBIT “D”

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

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

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers x
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9 Revised 6/28/2024
liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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Agenda Item No: 13.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024267 of the City Council of the City of Fairfield Authorizing a Professional Services Agreement with West Yost Associates to Update the City’s Water System Risk and Resiliency Assessment and Water System Emergency Response Plan
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield is required to perform a water system Risk and Resiliency Assessment (RRA) and subsequent Emergency Response Plan (ERP) to remain compliant with federal law. Every five years, the City must perform an update to the RRA and ERP. City Council approval of the attached resolution will authorize the city manager to execute an agreement with West Yost Associates (West Yost) to update and revise the RRA and ERP for the water system.

DISCUSSION
On October 23, 2018, America’s Water Infrastructure Act of 2018 (AWIA) was signed into law to improve drinking water and water quality, deepen infrastructure investment, enhance public health and quality of life, increases jobs, and develop strategies to improve cybersecurity. AWIA requires that all community drinking water systems serving more than 3,300 people develop or update an RRA and subsequently prepare or revise an ERP. The law specifies topics that must be addressed in addition to establishing deadlines based on the number of customers being served by the water utility. Every five years, Fairfield Municipal Utility (FMU) must submit certification statements to the United States Environmental Protection Agency (EPA) stating they are in compliance with AWIA.

On August 20, 2019, the council adopted Resolution No. 2019198 authorizing West Yost to provide engineering services for the preparation of an initial water system RRA in addition to a revised ERP.

This included assessing the impact of possible terrorist threats, natural disasters, major system failures or accidents through a detailed review of City facilities, cybersecurity, business practices and overall operations. There have been numerous updates to cybersecurity and water industry standards since FMU last completed AWIA compliance efforts. In addition, the EPA has revised their approach to Packet Page 110 of 401

Agenda Item No: 13.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024267 of the City Council of the City of Fairfield Authorizing aProfessional Services Agreement with West Yost Associates to Update the City’sWater System Risk and Resiliency Assessment and Water System EmergencyResponse PlanRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield is required to perform a water system Risk and Resiliency Assessment (RRA) andsubsequent Emergency Response Plan (ERP) to remain compliant with federal law. Every five years,the City must perform an update to the RRA and ERP. City Council approval of the attached resolutionwill authorize the city manager to execute an agreement with West Yost Associates (West Yost) toupdate and revise the RRA and ERP for the water system.DISCUSSIONOn October 23, 2018, America’s Water Infrastructure Act of 2018 (AWIA) was signed into law toimprove drinking water and water quality, deepen infrastructure investment, enhance public health andquality of life, increases jobs, and develop strategies to improve cybersecurity. AWIA requires that allcommunity drinking water systems serving more than 3,300 people develop or update an RRA andsubsequently prepare or revise an ERP. The law specifies topics that must be addressed in addition toestablishing deadlines based on the number of customers being served by the water utility. Every fiveyears, Fairfield Municipal Utility (FMU) must submit certification statements to the United StatesEnvironmental Protection Agency (EPA) stating they are in compliance with AWIA. On August 20, 2019, the council adopted Resolution No. 2019198 authorizing West Yost to provideengineering services for the preparation of an initial water system RRA in addition to a revised ERP.This included assessing the impact of possible terrorist threats, natural disasters, major system failuresor accidents through a detailed review of City facilities, cybersecurity, business practices and overall operations. There have been numerous updates to cybersecurity and water industry standards since FMU last completed AWIA compliance efforts. In addition, the EPA has revised their approach to ensuring AWIA compliance and consideration of climate change resilience.

Based on the date of initial certification and number of customers served, FMU is required to update the RRA and submit a certification statement to the EPA no later than March 31, 2025. Subsequently, a certification statement must be submitted for corresponding ERP revisions no later than September 30, 2025, or six months after RRA certification. West Yost completed the City’s last RRA and ERP. Staff recommends entering into an agreement with West Yost to conduct the required RRA and ERP updates.

West Yost’s scope of work will include assisting FMU with compliance support services by performing a detailed update to the water system RRA. West Yost will conduct a comprehensive update through an allhazards approach to address the full range of potential threats and hazards. Additionally, inperson workshops will be hosted to provide City staff opportunities to better understand AWIA requirements and the different risks to Fairfield’s water system.

Briefing on the sensitive, confidential aspects of this agreement were disclosed to the council in closed session pursuant to Government Code 54957.

FINANCIAL IMPACT
Total authorization for this agreement is in an amount not to exceed $165,000. The cost for this agreement will be paid out of the Water Enterprise Fund (Fund 461, Organization Code 46160600).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
This request may be delayed if the council has any questions or concerns. This is not recommended, however, as the City will not meet deadlines established by the EPA.

STAFF CONTACT
Pavan Prasad, Junior Engineer
(707) 4287431
[email protected]
COORDINATED WITH
Information Technology
ATTACHMENTS:

Description
Attachment1: Proposed Resolution
Attachment 2: Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 11/13/2024 2:56 PM
Beavers, Esther Approved 11/13/2024 2:57 PM
Beavers, Esther Approved 11/13/2024 2:58 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-267

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST ASSOCIATES TO UPDATE THE CITY’S

WATER SYSTEM RISK AND RESILIENCY ASSESSMENT AND WATER SYSTEM EMERGENCY

RESPONSE PLAN

WHEREAS, America’s Water Infrastructure Act of 2018 was signed into law on October 23, 2018; and

WHEREAS, the law requires Fairfield Municipal Utility to perform a water system Risk and Resiliency Assessment (RRA) and prepare an updated Emergency Response Plan (ERP) every five years; and

WHEREAS, West Yost Associates (West Yost) completed the initial RRA and subsequent ERP for Fairfield in 2019; and

WHEREAS, staff has selected West Yost to perform this work based on prior services provided; and

WHEREAS, staff has negotiated a scope and fee with West Yost in an amount not to exceed $165,000.

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

Section 1. The city manager is hereby authorized to execute and administer a professional services agreement with West Yost for the performance of a water system RRA and the preparation of a revised water system ERP for an amount not to exceed $165,000.

Section 2. The director of public works or their designee is hereby authorized to take all steps necessary to implement the resolution.

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RES. NO. 2024-267

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PASSED AND ADOPTED this 19th day of November 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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1 Revised 6/28/2024

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and West Yost ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect until project completion. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of Packet Page 114 of 401Attachment 2 Page 1 of 24

2 Revised 6/28/2024
air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

CITY Contact: Pavan Prasad_______________
E-mail: [email protected] _____
Address: 1000 Webster St., ___________
Fairfield, CA 94533 ____
Telephone: (707) 428-7431______________
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: ____________________
E-mail: ____________________
Address: ____________________
Telephone: ____________________

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3 Revised 6/28/2024
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:__________________________________
David Gassaway
City Manager

CONSULTANT

By:___________________________________
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2020 Research Park Drive
Suite 100
Davis CA 95618
530.756.5905 phone
530.756.5991 fax
westyost.com
October 28, 2024 SENT VIA: EMAIL
Michael Hether
Assistant Director
Public Works
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
SUBJECT: America’s Water Infrastructure Act of 2018 (AWIA) Compliance Support Services Dear Michael:

West Yost is pleased to submit this proposal to the City of Fairfield Public Works Division (Fairfield) for AWIA Compliance Support Services. West Yost supported Fairfield with AWIA compliance services in 2019- 2020 and we are grateful for the opportunity to work with Fairfield again. Reviewing and revising the Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) demonstrates continuous improvement by Fairfield to become more resilient.

BACKGROUND
America’s Water Infrastructure Act of 2018 (AWIA) was signed into law in October of 2018. Under this law, utilities are required to review and revise an RRA and prepare or revise an ERP every five years.

Utilities must certify to the United States Environmental Protection Agency (EPA) that they have achieved these requirements.

Compliance Certification
Utilities must submit certification statements to the EPA certifying AWIA compliance for both the RRA and ERP. For Fairfield that date is no later than March 31, 2025, for the RRA and September 30, 2025, for the ERP, or six months after the RRA certification, whichever comes first.

Workshops
Stakeholder engagement is a key part of West Yost’s approach and is consistent with industry standards for building resilience. West Yost’s workshops are designed to be interactive and collaborative. Workshops are integrated into the scope because they 1) educate stakeholders on the assessment process, 2) help achieve consensus on key items such as critical assets and relevant threats/hazards, and 3) are a source of recommendations to management on what should change in the organization to reduce risk and increase resilience. The following workshops are included in the scope:
Workshop 1 – Project Kickoff
Workshop 2 – Cybersecurity Assessment
Workshop 3 – Review and Confirm Updates to the RRA
Workshop 4 – Risk and Resilience Management Strategies and Emergency Response Planning EXHIBIT "A"
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In addition, the workshops provide the opportunity for staff to better understand AWIA requirements and the different types of risks to Fairfield’s water system. This will help continue to integrate resilience and emergency preparedness into the organizational culture and decision making.

Industry Standards
West Yost takes an all-hazards approach to address the full range of potential threats and hazards, including malevolent acts, natural hazards, dependency hazards, and proximity hazards approach that considers prevention, protection, preparedness, response, and recovery needs. To do this, we use industry guidance, resources, and best practices. These include the following from the American Water Works Association (AWWA):
 AWWA J100-21 – Risk and Resilience Management of Water and Wastewater Systems and associated Operational Guide (J100 Standard)
 AWWA Water Sector Cybersecurity Risk Management Tool and Guidance  AWWA G430-20 – Security Practices for Operation and Management (G430 Standard)  AWWA G440-17 – Emergency Preparedness Practices (G440 Standard)  AWWA M19 – Emergency Planning for Water and Wastewater Utilities, 5th Edition These AWWA standards represent risk and resilience management and emergency preparedness best practices for the water sector. Following these standards demonstrates due diligence. In addition to the AWWA standards, standards from outside the water industry will be considered, as appropriate, to provide a more comprehensive review. These standards include, but are not limited to:
 AWWA G300-14 – Source Water Protection and associated G300 Operational Guide (G300 Standard)
 AWWA M71 – Climate Action Plans: Adaptive Strategies for Utilities  Idaho National Laboratory’s Cyber-Informed Engineering Implementation Guide  EPA’s Climate Resilience Evaluation and Awareness Tool (CREAT) These standards are regularly updated. If a more recent version is available, the project team will use it to support project delivery.

Changes From Prior Compliance/Related Efforts
Since Fairfield last completed AWIA compliance activities, numerous things have changed, including:

1. Updates to AWWA standards, most prominently J100-21 and the associated Operational Guide. Updates to cybersecurity resources are expected in 2024. These updates change how the risks associated with specific threats and hazards are evaluated.

2. Changes to the EPA’s approach to ensuring AWIA compliance and consideration of climate change resilience. More specifically:
a) The EPA is expected to exercise its audit authority under the Safe Drinking Water Act to confirm that AWIA compliance actions meet the associated requirements. b) The EPA has released an internal policy that all compliance actions should explicitly account for climate change resilience.

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3. Changes to our operating environment – Our understanding of the threats (e.g. cyber) and hazards (e.g. climate change) that are impacting utility operations around the U.S. are continuously evolving.

4. Changes to Fairfield’s operations and staff – Fairfield’s organization is continuously evolving as infrastructure investments are made, staff leave, new staff join, and customer demands change.

Our scope of work presented below accounts for all of these changes.

SCOPE OF SERVICES
The following sections summarize the scope of work to complete this project. Based on the AWIA compliance work previously completed, the RRA should be updated, the ERP should be updated, and as- needed services should be considered to continue to build resilience and reduce risk.

Based on investments by Fairfield (e.g. in cybersecurity and physical security), staff changes, the changing operating environment, and changing standards, updates are expected to each section of the RRA.

Updates to standards are also expected to result in some substantial changes to Fairfield’s RRA. The most significant of which are expected to include:
 How consequences are estimated for each threat-asset pair (i.e. scenario).  How climate change-related risks are assessed.
 How cyber-risks are assessed.
 How benefits and costs of Risk and Resilience Management Strategies (i.e. improvement projects) are scoped and evaluated.

The scope provided below presents an approach by which the project team can build on the work already completed by Fairfield.

Task 1. Project Management
The objective of this task is to track work progress and expenditures using proactive communications, quality assurance and quality control to maintain the project schedule and budget. Project Management activities include the following:
 Initiation Meeting – West Yost will prepare for and coordinate a project initiation meeting.

The project team will review the project approach, scope and schedule, and finalize schedules for meetings and workshops. At this meeting, we will also:
— Prepare for the first series of workshops,
— Identify Fairfield’s internal and external stakeholder group members, — Identify staff for interviews, and
— Establish dates for workshops and progress meetings.
 Progress Meetings – Conference calls will be held as-needed to review project status, including work completed during the latest report period, work anticipated to be completed during the next reporting period, identified problems/issues that could affect project budget/expenditures and/or schedule, outstanding issues to be resolved, and action items.  Invoices – Monthly invoices and progress reports will be prepared.

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 Quality Control – In accordance with our internal quality assurance/quality control (QA/QC) policy, quality assurance and quality control will be performed for each of the project deliverables prior to final submission to Fairfield.
 Project Closeout Meeting – We will conduct final project closeout activities, including final document delivery and a final progress report.

Task 1 Assumptions
 It is assumed the project duration will be ten months.

Task 1 Deliverables
 West Yost will provide monthly invoices, and project schedule updates.  West Yost will develop an initial data request.

Task 2. Risk and Resilience Assessment Update
Under this task, West Yost will work with Fairfield to update the previously developed RRA.

Task 2.1. Workshop 1 and Staff Interviews
West Yost will facilitate an on-site workshop to kick off the project. The Kickoff Workshop is a multi- purpose meeting. During the workshop the project team will:
 Review the updated AWIA requirements, the previously completed assessment, and project approach.
 Identify and discuss any specific Fairfield concerns.  Review the project schedule.
 Discuss changes to Fairfield’s critical assets and operations since the last RRA was completed.  Discuss any changes to Fairfield’s relevant threats and hazards since the last RRA was completed.

Prior to the Kickoff Workshop, West Yost will review the information provided by Fairfield in response to the initial data request.

Interviews are an excellent way to collect information on what has changed about Fairfield’s operations and operating environment for consideration within this RRA update. Interviews may be conducted in person or virtually, in a one-on-one format or small group setting depending on the staff roles and responsibilities.

Task 2.2. Cybersecurity Risk and Resilience Assessment
West Yost will update the evaluation of Fairfield’s “electronic, computer or other automated systems” in accordance with the AWIA requirements. A review of the previous cybersecurity assessment will be included in the Kickoff Meeting. West Yost will review Fairfield’s supervisory control and data acquisition (SCADA) systems and interview cybersecurity stakeholders. This will be followed by Workshop 2 in which the AWWA Cybersecurity Tool will be used to identify recommended controls that should be in place or require improvements.

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Workshop 2 – Cybersecurity Assessment, Technology Interviews, and Site Visits This portion of the RRA is focused on technology, which Fairfield relies on, but relatively few staff are responsible for. West Yost will assist Fairfield with identifying the appropriate members of the Cybersecurity Stakeholder Group. Typically, this group consists of staff responsible for the day-to-day secure and reliable operation of Fairfield’s IT and SCADA systems. This may include external contractors.

Workshop 2 will include a brief introduction to previous work conducted, changes in cybersecurity best practices, how these relate to this round of AWIA compliance, and the associated methodology.

The Cybersecurity RRA site visit is expected to take less than two hours. Interviews will be incorporated into the site visit. During this site visit, West Yost staff will review our understanding of Fairfield’s SCADA system.

Next, West Yost will facilitate an evaluation of current cybersecurity practices using the AWWA Cybersecurity Tool. The AWWA Cybersecurity Tool is the consensus standard for cybersecurity assessment in the water sector and generates an easy-to-use output for building an AWIA-compliant cybersecurity assessment and improvement plan.

The project team will update the status of recommended controls from the prior round of AWIA using the output from the AWWA Cybersecurity Tool. This will allow Fairfield staff to continue using the AWWA Cybersecurity Tool as improvements and changes to the system are implemented. West Yost will integrate the findings of this task into the RRA and ERP.

Task 2.3. Analysis of Consequences, Vulnerability and Likelihood To complete the RRA, risk calculations will be updated for each threat-asset pair selected for analysis.

Prior to this update, natural hazards, including earthquakes and climate change will be assessed specifically to address updates in the assessment methodologies since the prior RRA was completed.

These are included within the consequence analysis portion of this task.

Consequence Analysis
One of the larger changes within AWWA’s J100-21 is to the consequence estimation methods within Step 3 – Consequence Analysis. In prior versions of the standard, the method used in Fairfield’s previously developed RRA was consistent with the standard methodology at the time. Based on an initial review of the data collected during the prior RRA, we propose to adapt this data to align with the current methodology in AWWA J100-21. The revised consequences and associated methodology will be summarized and included in the RRA.

Climate Change Risk Assessment
Once updates to the critical assets are determined, West Yost will conduct a climate change risk assessment using EPA’s CREAT software application. CREAT was developed by the EPA to assist utility owners and operators with understanding potential climate change threats and assess the related risks to their operations. Results will be compared to other regional and local climate change risk assessments.

The results of the analysis will be integrated into the overall RRA to inform the risk and resilience analysis.

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Seismic Risk Assessment
West Yost will conduct a seismic risk and consequence analysis for the Maximum Credible Earthquake (MCE) that Fairfield anticipates. This analysis will be based upon HAZUS Technical Manual Chapter 8 for non-linear assets (buildings, treatment facilities, reservoirs, and pump stations) and the American Lifelines Alliance (ALA) Seismic Guidelines for Pipelines. This analysis will highlight areas of strengths and weaknesses within the water system to help guide Fairfield in focusing on future resilience building efforts.

Vulnerability Analysis
The project team will revise the prior evaluation of the ability of each critical asset and its protective systems to withstand each specified threat or hazard. West Yost will update the documentation of existing protective systems such as: physical security systems, Fairfield security procedures, flood protection, backup generators, and existing emergency response capabilities, plans, and protocols. The West Yost team will conduct a site visit in conjunction with Workshop 1 to select facilities to collect information and document protective systems in support the vulnerability analysis. The results will be summarized in the RRA.

Threat Likelihood Analysis
West Yost will revise threat likelihood estimates. This number is the annualized probability or frequency that a specific threat or hazard will occur for each threat-asset pair retained for analysis. We will utilize standard information on frequency and severity from sources such as National Oceanic and Atmospheric Administration (NOAA) and United States Geological Survey (USGS), local hazard mitigation plans, and the EPA. The analysis will also account for the utility-specific threat/hazard occurrence information gathered previously. The results will be summarized in the RRA.

Workshop 3 – Review and Confirm Updates to the RRA
The West Yost team will conduct Workshop 3 to review and confirm changes to the RRA. This will include updates to the analyses proposed above and individual risk variables for each threat-asset pair, as needed.

Prior to the workshop West Yost will review proposed changes with Fairfield. During the workshop the group will review:
 The consequence of a threat/hazard to an asset
 The vulnerability of an asset to a threat
 The likelihood of a threat occurring
Qualitative consequences will be captured for threat-asset pairs, as appropriate. The results will be summarized in the RRA.

Calculate Risk and Resilience
West Yost will calculate risk and resilience for each priority threat-asset pair using the following equation from AWWA’s J100 Standard:

Risk = Consequences x Vulnerability x Threat Likelihood (C x V x T) West Yost will also complete the Utility Resilience Index, as presented in AWWA’s J100-21 Standard.

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Task 2.4. Risk and Resilience Management Strategy (RRMS) Development Once the risks have been calculated. RRMSs will be developed for implementation to reduce the risk of the greatest threat-asset pairs. RRMSs may include physical security or cybersecurity upgrades, natural hazard mitigation, training, policy/procedure changes, monitoring strategies, and operational/financial changes that can make Fairfield more resilient.

Once RRMSs have been developed, the West Yost team will calculate the net benefit for each measure to indicate how the estimated mitigation cost lowers the risk to the critical asset. The RRMSs will be prioritized based on risk reduction and cost effectiveness.

West Yost will document the development of RRMSs as the final section of the RRA.

Workshop 4 – RRMSs and Emergency Response Planning
Workshop 4 will consist of two topics. The first topic is the RRMSs and associated results of the net benefit analyses. The second topic is the draft Emergency Response Plan updates discussed under Task 3.

Task 2.5. Risk and Resilience Assessment Summary Report Update Using the consequences, vulnerabilities, and threat likelihoods estimated in Task 2.3, the risks to and resilience of the utility will be evaluated. West Yost will prepare a draft RRA update to summarize the tasks completed during this project, the results of the workshops and analyses, and the risk and resilience calculations. The cyber-RRA results will also be incorporated into this report. The report will document that Fairfield used an all-hazards approach and demonstrates AWIA compliance. In addition, the report will document the continuous improvement that Fairfield is making to improve resilience and reduce risk.

The draft report will be provided to Fairfield for review. To assist in Fairfield’s review, a meeting will be held for West Yost to walk Fairfield through the report prior to review.

Upon receipt of Fairfield’s comments on the draft RRA, West Yost will revise and finalize the document. With completion of this report, Fairfield will be responsible for certifying with the EPA that Fairfield’s RRA is complete.

Task 2 Assumptions
 Workshop 1 is assumed to be two hours in duration.
 A site visit will be completed on the same day as Workshop 1.  The technology-focused site visit, cybersecurity RRA interviews, and Workshop 2 will occur on the same, or adjoining days. This is estimated to be up to six hours in duration.  Workshop 3 is assumed to be two hours in duration.
 Workshop 4 is assumed to be two hours in duration.
 Workshop 4 will include a discussion of both the Risk and Resilience Management Strategies and the ERP (Task 3)
 The budget assumes that Workshops 1, 2 and 3 will be in-person and a Workshop 4 will be hybrid (virtual and in-person).
 Fairfield staff will be available to participate in the Workshops.  The schedule assumes that Fairfield will complete a review of the Draft RRA within four weeks of receipt of the draft report.
 The budget assumes Fairfield will provide a single set of collated comments on the Draft RRA.

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Task 2 Deliverables
 West Yost will prepare a draft and final updated RRA.  West Yost will prepare meeting and workshop facilitation materials.

Task 3 – Emergency Response Plan Update Recommendations The ERP will be updated directly to meet AWIA compliance requirements. West Yost’s approach for developing the ERP is based on three main principles:
 Standards-Based Planning – ensures conformity with the standards and ease implementation of the ERP during an emergency situation.  Concept of Operations – guides development of the ERP, defines the overall approach to emergency situations including what should happen, when, and at whose direction.  Capability-Based Planning – guides development of the ERP to help FAIRFIELD build capacity to take a specific course of action. Capabilities-based planning answers the question, “Do I have the right mix of training, organizations, plans, people, leadership and management, equipment, and facilities to perform a required emergency function?” West Yost built Fairfield’s current ERP to achieve AWIA compliance. Since that revision approximately five years ago, the industry standards have not changed significantly. Under this task, West Yost will update the ERP based on the results of the RRA. West Yost will provide recommendations for improvements to the Fairfield’s ERP during Workshop 4. Proposed revisions will be captured. While not expected, any substantive changes will be confirmed with Fairfield before updates are made to the document.

Task 3 Assumptions
 Fairfield will provide an editable version of the current ERP.  Fairfield will provide any additional emergency preparedness documents developed since the last AWIA compliance project. This may include such things as: incident response plans, incident or exercise after-action reports, etc.
 Fairfield staff will be available to participate in the Workshop.

Task 3 Deliverables
 West Yost will prepare a draft and final updated ERP.

Task 4. As-needed Services
The objective of this task is to provide additional services related to the previous tasks as requested by Fairfield. These services may allow Fairfield to immediately begin implementing RRMSs identified within the RRA.

Anticipated as-needed services include:
 Emergency Preparedness Exercise – A table-top exercise will be conducted to evaluate the Fairfield’s ability to implement the revised ERP. Improvements will be incorporated into the ERP prior to finalization. For example, West Yost regularly leads A Day without SCADA® exercises to help utilities better understand their dependence on SCADA and ability to operate in the absence of automation.

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 Supply Chain Risk Assessment – A detailed assessment of critical chemical and other consumable supplies used by Fairfield will be completed. This will include working with suppliers to characterize the risk to Fairfield from supply chain disruptions and provide input into the RRA.
 Emergency Preparedness Mobile App – Mobile applications designed to allow a utility to take their Emergency Response Plan "off the shelf" and into your responders’ hands. West Yost can support deployment of an application to support improved emergency response.

Subcontractor services are needed to implement the mobile application.  Additional services as identified by Fairfield.

Task 4 Assumptions
 No work on this task will be completed without prior client authorization, scoping, and associated budget/schedule amendment, if needed.

Task 4 Deliverables
 West Yost will provide deliverables as determined by scoping activities.

SCHEDULE
West Yost anticipates kicking off this project within two (2) weeks after receiving the notice to proceed, Table 1 below.

Table 1. Schedule
Tasks
2024 2025
Nov. Dec. Jan. Feb. Mar. April May June July Aug.

Task 1. Project Management
Task 2. Risk and Resilience
Assessment Update
Task 3. Emergency Response Plan
Update
Task 4. As-Needed Services

PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in the table below. West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2024 and 2025 Billing Rate Schedules, with a not-to- exceed budget of $138,920. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.

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Table 2. Estimated Project Hours and Budget
Task Level of Effort, hours Estimated Budget, dollars
Task 1. Project Management 26 $7,394
Task 2. Risk and Resilience Assessment Update 362 $99,659 Task 3. Emergency Response Plan Update 126 $31,867
Task 4. As-Needed Services(a) TBD(a) TBD(a)
Total Project Hours and Budget 514 $138,920
(a) The as-needed task budget will be determined based on the services selected

Thank you for providing West Yost the opportunity to be of continued service to Fairfield. We look forward to working with you on this important project. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST

Dan Groves, PE, CISSP Andrew Ohrt, PE, CISSP
Business Sector Lead Resilience Practice Area Lead

Attachment A: West Yost’s 2024 & 2025 Billing Rate Schedules Packet Page 126 of 401Attachment 2 Page 13 of 24

5 Revised 6/28/2024
EXHIBIT “B”

PAYMENT

1) The cost of services rendered by CONSULTANT under this Agreement shall be based on CONSULTANT’s current hourly rates, attached with this Exhibit. Billings shall include numbers of ours expended by each of the CONSULTANT’s employees, plus reimbursables such as postage, delivery reproduction, etc. Reimbursables shall be itemized on the billings. Total payment for consulting services shall not exceed $138,920.
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the CITY, Public Works Department, Attention: [email protected]. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the CITY, Public Works Department, Attention: Pavan Prasad.

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West Yost 2024 & 2025 Billing Rate Schedules

Attachment A
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(Effective January 1, 2024, through December 31, 2024)*

POSITIONS

ENGINEERING
Principal/Vice President $355
Engineer/Scientist/Geologist Manager I / II $335 /$351
Principal Engineer/Scientist/Geologist I / II $302 /$322 Senior Engineer/Scientist/Geologist I / II $272 /$286
Associate Engineer/Scientist/Geologist I / II $226 /$243 Engineer/Scientist/Geologist I / II $176 /$205
Engineering Aide $106
Field Monitoring Services $131
Administrative I / II / III / IV $97 /$121 /$145 /$160

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $349 /$351
Principal Tech Specialist I / II $320 /$331
Senior Tech Specialist I / II $293 /$306
Senior GIS Analyst $265
GIS Analyst $251
Technical Specialist I / II / III / IV $187 /$213 /$239 /$267 Technical Analyst I / II $134 /$160
Technical Analyst Intern $108
Cross-Connection Control Specialist I / II / III / IV $140 /$151 /$170 /$189 CAD Manager $211
CAD Designer I / II $164 /$185

CONSTRUCTION MANAGEMENT
Senior Construction Manager $338
Construction Manager I / II / III / IV $201 /$215 /$228 /$289 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1)$181 /$201 /$224 /$232 Apprentice Inspector $164
CM Administrative I / II $87 /$118
Field Services $232
2024 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2
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(Effective January 1, 2024, through December 31, 2024)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 /day
Aquacalc / Pygmy or AA Flow Meter $28 /day
Emergency SCADA System $35 /day
Field Vehicles (Groundwater)$1.02 /mile
Gas Detector $80 /day
Generator $60 /day
Hydrant Pressure Gauge $10 /day
Hydrant Pressure Recorder, Impulse (Transient)$55 /day
Hydrant Pressure Recorder, Standard $40 /day
Low Flow Pump Back Pack $135 /day
Low Flow Pump Controller $200 /day
Powers Water Level Meter $32 /day
Precision Water Level Meter 300ft $30 /day
Precision Water Level Meter 500ft $40 /day
Precision Water Level Meter 700ft $45 /day
QED Sample Pro Bladder Pump $65 /day
Storage Tank $20 /day
Sump Pump $24 /day
Transducer Communications Cable $10 /day
Transducer Components (per installation)$23 /day
Trimble GPS – Geo 7x $220 /day
Tube Length Counter $22 /day
Turbidity Meter $30 /day
Turbidity Meter (2100Q Portable)$35 /day
Vehicle (Construction Management)$10 /hour
Water Flow Probe Meter $20 /day
Water Quality Meter $50 /day
Water Quality Multimeter $185 /day
Well Sounder $30 /day

BILLING RATES
2024 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
Packet Page 130 of 401Attachment 2 Page 17 of 24

(Effective January 1, 2025, through December 31, 2025)*

POSITIONS

ENGINEERING
Principal/Vice President $373
Engineer/Scientist/Geologist Manager I / II $352 /$369
Principal Engineer/Scientist/Geologist I / II $317 /$338 Senior Engineer/Scientist/Geologist I / II $286 /$300
Associate Engineer/Scientist/Geologist I / II $237 /$255 Engineer/Scientist/Geologist I / II $185 /$215
Engineering Aide $111
Field Monitoring Services $138
Administrative I / II / III / IV $102 /$127 /$152 /$168

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $366 /$369
Principal Tech Specialist I / II $336 /$348
Senior Tech Specialist I / II $308 /$321
Senior GIS Analyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 /$224 /$251 /$280 Technical Analyst I / II $141 /$168
Technical Analyst Intern $113
Cross-Connection Control Specialist I / II / III / IV $147 /$159 /$179 /$198 CAD Manager $222
CAD Designer I / II $172 /$194

CONSTRUCTION MANAGEMENT
Senior Construction Manager $355
Construction Manager I / II / III / IV $211 /$226 /$239 /$303 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1)$190 /$211 /$235 /$244 Apprentice Inspector $172
CM Administrative I / II $91 /$124
Field Services $244
2025 Billing Rate Schedule

(Effective January 1, 2025, through December 31, 2025)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 /day
Aquacalc / Pygmy or AA Flow Meter $28 /day
Emergency SCADA System $35 /day
Field Vehicles (Groundwater)$1.02 /mile
Gas Detector $80 /day
Generator $60 /day
Hydrant Pressure Gauge $10 /day
Hydrant Pressure Recorder, Impulse (Transient)$55 /day
Hydrant Pressure Recorder, Standard $40 /day
Low Flow Pump Back Pack $135 /day
Low Flow Pump Controller $200 /day
Powers Water Level Meter $32 /day
Precision Water Level Meter 300ft $30 /day
Precision Water Level Meter 500ft $40 /day
Precision Water Level Meter 700ft $45 /day
QED Sample Pro Bladder Pump $65 /day
Skydio 2+ Drone (2 hour mimimum)$100 /hour
Storage Tank $20 /day
Sump Pump $24 /day
Transducer Communications Cable $10 /day
Transducer Components (per installation)$23 /day
Trimble GPS – Geo 7x $220 /day
Tube Length Counter $22 /day
Turbidity Meter $30 /day
Turbidity Meter (2100Q Portable)$35 /day
Vehicle (Construction Management)$10 /hour
Water Flow Probe Meter $20 /day
Water Quality Meter $50 /day
Water Quality Multimeter $185 /day
Well Sounder $30 /day

BILLING RATES
2025 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
Packet Page 132 of 401Attachment 2 Page 19 of 24

6 Revised 6/28/2024
EXHIBIT “C”

7 Revised 6/28/2024
to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

Packet Page 134 of 401Attachment 2 Page 21 of 24

8 Revised 6/28/2024
12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

Packet Page 135 of 401Attachment 2 Page 22 of 24

9 Revised 6/28/2024
EXHIBIT “D”

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

10 Revised 6/28/2024
liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Packet Page 137 of 401Attachment 2 Page 24 of 24

Agenda Item No: 14.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024268 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the City of Fairfield and the Travis Unified School District Authorizing Fairfield to Provide a Contract Service for an AfterSchool Program at Center Elementary
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Travis Unified School District (TUSD) has state funding to offer to TUSD eligible students for after school programming. TUSD seeks partnership with the City of Fairfield Parks & Recreation Department to staff and operate the program at Center Elementary.

DISCUSSION
The State of California provides Expanded Learning Opportunities Program (ELOP) funding for school districts to use for after school and summer programming. Over the past six months, TUSD and City representatives have collaborated on outlining a pilot after school program at Center Elementary utilizing ELOP funds.

The proposed Memorandum of Understanding (MOU) between the two agencies outlines the collaborative partnership and responsibilities of the respective agencies. TUSD will administer the State funding program and all reporting requirements. The City will provide staffing and all program supplies for the daily operation of the afterschool program.

The ELOP funding will provide 100% of all the direct cost of the City’s commitment and responsibility for operating the program. For the Pilot Program, the City will provide a comprehensive trirotational program with staffing to serve up to 60 students every day during the regular school session which includes 27 early release dates between January 6 and June 4. We will also partner to provide fullday service during Spring Break (April 18, April 2125) and fullday service during Summer Break, June 5 through June 30.

Packet Page 138 of 401

Agenda Item No: 14.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024268 of the City Council of the City of Fairfield Approving aMemorandum of Understanding Between the City of Fairfield and the Travis UnifiedSchool District Authorizing Fairfield to Provide a Contract Service for an AfterSchoolProgram at Center ElementaryRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUETravis Unified School District (TUSD) has state funding to offer to TUSD eligible students for afterschool programming. TUSD seeks partnership with the City of Fairfield Parks & RecreationDepartment to staff and operate the program at Center Elementary.DISCUSSIONThe State of California provides Expanded Learning Opportunities Program (ELOP) funding for schooldistricts to use for after school and summer programming. Over the past six months, TUSD and Cityrepresentatives have collaborated on outlining a pilot after school program at Center Elementaryutilizing ELOP funds. The proposed Memorandum of Understanding (MOU) between the two agencies outlines thecollaborative partnership and responsibilities of the respective agencies. TUSD will administer theState funding program and all reporting requirements. The City will provide staffing and all programsupplies for the daily operation of the afterschool program. The ELOP funding will provide 100% of all the direct cost of the City’s commitment and responsibilityfor operating the program. For the Pilot Program, the City will provide a comprehensive trirotationalprogram with staffing to serve up to 60 students every day during the regular school session whichincludes 27 early release dates between January 6 and June 4. We will also partner to provide fulldayservice during Spring Break (April 18, April 2125) and fullday service during Summer Break, June 5 through June 30.

FINANCIAL IMPACT
There is no financial impact as 100% of the cost for the contracted service will be reimbursed to the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
At their November 12, 2024, Board Meeting, TUSD Board of Directors approved the Pilot Program and authorized the MOU between TUSD and the City of Fairfield.

ALTERNATIVE ACTION
N/A
STAFF CONTACT
Kristina Kaunzinger, Parks & Recreation Director
(707) 4287470
[email protected]
COORDINATED WITH
ATTACHMENTS:

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

Reviewer Action Date
Kaunzinger, Kristina Approved 11/4/2024 2:35 PM
Beavers, Esther Approved 11/4/2024 4:32 PM
Beavers, Esther Approved 11/4/2024 4:32 PM
Packet Page 139 of 401

CITY OF FAIRFIELD

RESOLUTION NO. 2024-268

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND THE TRAVIS UNIFIED SCHOOL

DISTRICT AUTHORIZING FAIRFIELD TO PROVIDE A CONTRACT SERVICE FOR AN AFTER-SCHOOL

PROGRAM AT CENTER ELEMENTARY

WHEREAS, Travis Unified School District (TUSD) receives State funding to provide Extending Learning Opportunities Programs (after-school service); and

WHEREAS, TUSD will initiate a Pilot Program to offer an After-School Program at Center Elementary through contracted services; and

WHEREAS, the TUSD Board of Directors approved utilizing the City of Fairfield, Parks & Recreation staff to serve as a contract service provider to operate this program; and

WHEREAS, TUSD will reimburse the City of Fairfield 100% of the cost associated with providing said program service, which includes 99 regular school days, including 27 early release days between January 6 and June 4, and full-day service during Spring Break April 18, April 21-25, and full-day service for Summer Break June 5 through June 30.

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

Section 1. The city manager or designee is hereby authorized to execute an MOU between the City of Fairfield and TUSD.

Section 2. Approval for City of Fairfield, Parks & Recreation staff to provide contracted services to TUSD for the purposes of operating an after-school program at Center Elementary which includes appropriate staff level, supplies, and equipment as outlined in the scope of service of the Memorandum of Understanding between TUSD and City of Fairfield .

Section 3. The City-contracted service for the Center Elementary Pilot Program will commence on January 1, 2025, and terminate on June 30, 2025.

Packet Page 140 of 401Attachment 1 Page 1 of 2

RES. NO. 2024-268

Page 2 ends

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 141 of 401Attachment 1 Page 2 of 2

PROVIDER AGREEMENT
By and Between:

TRAVIS UNIFIED SCHOOL DISTRICT
And

CITY OF FAIRFIELD, CALIFORNIA
This Agreement for Professional Services (“Agreement”) is made and entered into as of January 1, 2025. by and between the Travis Unified District, (“District”) and the City of Fairfield, CA (“Provider”), (together “Parties”).

NOW, THEREFORE, the Parties agree as follows:

1. Services. The Provider shall provide Expanded Learning Opportunity (ELOP) as further described in Exhibit “A,” attached hereto and incorporated herein by this reference (“Services”).

2. Term. Provider shall commence providing services under this Agreement on January 6, 2025, and will diligently perform as required and complete performance by June 30, 2025, unless this Agreement is terminated and/or otherwise cancelled prior to that time.

3. Submittal of Documents. The Provider shall not commence the Services under this Agreement until the Provider has submitted and the District has approved the certificate(s), and the endorsement(s) of insurance required as indicated below:
____ Signed Agreement
____ Workers’ Compensation Certification
____ Insurance Certificates and Endorsements
____ W-9 Form
____ Other: _____________________________________________

4. Compensation. District agrees to pay the Provider for servicers satisfactorily rendered pursuant to this Agreement a total fee not to exceed $89,500. District shall pay the Provider according to the following terms and conditions: By monthly invoice.

Packet Page 142 of 401Attachment 2 Page 1 of 14

5. Expenses. District shall not be liable to Provider for any costs or expenses paid or incurred by Provider in performing services for District, except as follows: NA

6. Independent Contractor. Provider, in the performance of this Agreement, shall be and act as an independent contractor. Provider understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partner, or joint venture of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Provider shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Provider’s employees. In the performance of the work herein contemplated, Provider is an independent contractor or business entity, with the sole authority for controlling and directing the performance of the details of the work, District being interested only in the results obtained.

7. Materials. Provider shall furnish, at its own expense, all labor, materials, equipment, supplies, and other items necessary to complete the services to be provided pursuant to this Agreement.

8. Performance of Services.

8.1. Standard of Care. Provider represents that the Provider has the qualifications and ability to perform the Services in a professional manner, without the advice, control, or supervision of the District. Provider’s services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of its profession for services to California elementary schools.

8.2. Meetings. Provider and District agree to participate in regular meetings on at least a monthly basis to discuss strategies, timetables, implementation of services, and any other issues deemed relevant to the operation of Provider’s performance of Services.

Packet Page 143 of 401Attachment 2 Page 2 of 14

8.3. District Approval. The work completed herein must meet the approval of the District and shall be subject to the District’s general right of Inspection and supervision to secure the satisfactory complet ion thereof.

9. Audit. Provider shall establish and maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Provider transacted under this Agreement. Provider shall retain these books, records, and systems of account during the Term of this Agreement and for five (5) years thereafter. Provider shall permit the District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and tran scripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the District shall give reasonable prior notice to Provider and shall conduct audit(s) during Provider’s normal business hours, unless Provider otherwise consents.

10. Termination.

10.1. For Convenience by District. District may, with 30 days written notice, with or without reason, terminate this Agreement and compensate Provider only for services satisfactorily rendered to the date of termination.

Written notice by District shall be sufficient to stop further performance of services by Provider. Notice shall be deemed given when received by the Provider or no later than three days after the day of mailing, whichever is sooner.

10.2. For Cause by District. District may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include:

10.2.1. Material violation of this Agreement by the Provider; or

10.2.2. Any act by Provider exposing the District to liability to others for personal injury or property damage; or

10.2.3. Provider is adjudged bankrupt, Provider makes a general assignment for the benefit of creditors or a receiver is appointed on account of Provider’s insolvency.

Packet Page 144 of 401Attachment 2 Page 3 of 14

Written notice by District shall contain the cause for intention to terminate and unless within three (3) calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall upon the expiration of the three (3) calendar days cease and terminate.

11. Indemnification. To the furthest extent permitted by California law, Provider shall defend, indemnify, and hold harmless the District, its Governing Board, agents, representatives, officers, consultants, employees, trustees, and volunteers (the “Districts’ indemnified parties”) from any and all claims arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Provider.

The District shall have the right to accept or reject any legal representation that Provider proposes to defend the District’s indemnified parties. The District shall defend, indemnify, and hold harmless the Provider, its agents, representatives, employees, and volunteers (the “Provider’s indemnified parties”) from any and all claims arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the District. The Provider shall have the right to accept or reject any legal representation that District proposes to defend the Prov ider’s indemnified parties.

12. Insurance.

12.1. The Provider shall procure and maintain at all times it performs any portion of the Services the following insurance with minimum limits equal to the amount indicated below.

Type of Coverage Minimum Requirement
Commercial General Liability Insurance, including
Bodily Injury, Personal Injury, Property Damage,
Advertising Injury, and Medical Payments
Each Occurrence
General Aggregate

$ 1,000,000
$ 1,000,000
Automobile Liability Insurance – Any Auto
Each Occurrence
General Aggregate

$ 1,000,000
$ 1,000,000
Worker’s Compensation Statutory Limits

12.1.1. Commercial General Liability and Automobile Liability Insurance. Commercial General Liability Insurance and Any Automobile Liability Insurance that shall protect the Provider, the Packet Page 145 of 401Attachment 2 Page 4 of 14

District, and the State from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising performing any portion of the Services. (Form CG 0001 and CA 0001, or forms substantially similar, if approved by the District.)

12.1.2. Workers’ Compensation and Employers’ Liability
Insurance. Workers’ Compensation Insurance and Employers’ Liability Insurance for all of its employees performing any portion of the Services. In accordance with provisions of section 3700 of the California Labor Code, the Provider shall be required to secure workers’ compensation coverage for its employees. If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not protected under the Workers’ Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services.

12.1.3. Professional Liability (Errors and Omissions). Professional Liability Insurance as appropriate to the Provider’s profession, coverage to continue through completion of construction plus two (2) years thereafter.

12.2. Proof of Carriage of Insurance. The Provider shall not commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverage have been delivered in duplicate to the District and approved by the Dis trict.

Certificates and Insurance policies shall include the following:

12.2.1. A clause stating: “This policy shall not be canceled or reduced in required limits of liability or amount of insurance until notice has been mailed to the District, stating date of cancellation or reduction.

Date of cancellation or reduction shall not be less than (30) days after date of mailing notice.”

12.2.2. Language stating those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period.

Packet Page 146 of 401Attachment 2 Page 5 of 14

12.2.3. An endorsement stating that the District and its Governing Board, agents, representatives, employees, trustees, officers, consultants, and volunteers are names additional insured under all policies except Workers’ Compensation Insurance, Professional Liability, and Employers’ Liability Insurance. An endorsement shall also state that Consultant’s Insurance policies shall be primary to any insurance or self-insurance maintained by District. An endorsement shall also state that there shall be a waiver of any s ubrogation.

12.2.4. All policies except the Professional Liability, Workers’ Compensation Insurance, and Employers’ Liability Insurance Policies shall be written on an occurrence form.

12.3. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the District.

13. Assignability. Neither Party to this Agreement shall assign or transfer any interest in this Agreement nor the performance of any duties or obligations hereunder, without prior written consent of the other party.

14. Compliance with Laws. Provider shall observe and comply with all rules and obligations of the governing board of the District and all federal, state, and local laws, ordinances, and regulations. Provider shall give all notices required by any law, ordinance, rule, and regulation bearing on conduct of the Work as indicated or specified. If Provider observes that any of the Work required by this Agreement is at variance with any such laws, ordinances, rules, or regulations, Provider shall notify the District, in writing, and, at the sole option of the District, any necessary changes to the scope of the Work shall be made and this Agreement shall be appropriately amended in writing, or this Agreement shall be terminated effective upon Provider’s receipt of a written termination notice from the District. If Provider performs any work that is in violation of any laws, ordinances, rules or regulations, without first notifying the District of the violation, Provider shall bear all cost s arising therefrom.

15. Certificates/Permits/Licenses. Provider and all Provider’s employees or agents shall secure and maintain in force such certificates, permits, and licenses as are required by law in connection with the furnishing of Services pursuant to this Agreement.

Packet Page 147 of 401Attachment 2 Page 6 of 14

16. Anti-Discrimination. It is the policy of the District that in connection with all work performed under Contracts, there be no discrimination against any employee engaged in the work because of race, color, ancestry, national origin , religious creed, physical disability, medical condition, marital status, sexual orientation, gender, or age and therefor the Provider agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act beginning with Government Code Section 12900 and Labor Code Section 1735 and District policy. In addition, the Provider agrees to require like compliance by all of its subcontractor(s).

17. No Rights in Third Parties. This Agreement does not create any rights in, or inure to the benefit of, any third party except as expressly provided herein.

18. District's Evaluation of Provider and Provider’s Employees and/or Subcontractors. The District may evaluate the Provider in any way the District is entitled to pursuant to applicable law. The District’s evaluation may include, without limitation:

18.1. Requesting that District employee(s) evaluate the Provider and the Provider’s employees and subcontractors and each of their performance.

18.2. Announce and unannounced observance of the Provider, the Provider’s employee(s), and/or subcontractor(s)

19. Limitation of District Liability. Other than as provided in this Agreement, District’s financial obligations under this Agreement shall be limited to the payment of compensation provided in this Agreement.

20. Confidentiality. The Provider and all Provider’s agents, personnel, employee(s), and/or subcontractor(s) shall maintain the confidentiality of all information received in the course of performing the Services. Provider understands that student records are confidential and agrees to comply with all state and federal laws concerning the maintenance and disclosure of student records. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.

Packet Page 148 of 401Attachment 2 Page 7 of 14

21. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, addressed as follows:

District:

Travis Unified School District
2751 De Ronde Drive
Fairfield, CA 94533
Phone: (707) 437-4604

ATTN: _______________________________
Provider:

ATTN: _________________________________

Any notice personally given or sent by facsimile transmission shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective three (3) days after deposit in the United States mail.

22. Integration/Entire Agreement of Parties. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties .

23. California Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the county in which the District’s administrative offices are located

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

Packet Page 149 of 401Attachment 2 Page 8 of 14

25. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.

26. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein.

27. Authority to Bind Parties. Neither party in the performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has any authority to bind the other to any agreements or undertakings.

28. Attorney Fees/Costs. Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

29. Captions and Interpretations. Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.

30. Calculation of Time. For the purposes of this Agreement, “days” refers to calendar days unless otherwise specified.

31. Signature Authority. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.

Packet Page 150 of 401Attachment 2 Page 9 of 14

32. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

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

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below.

Dated: ______________________, 20___ Dated: ______________________, 20___

Travis Unified School District Vendor/Provider: __________________________ By: By:

Print Name: _______________________ Print Name: _______________________________ Print Title: _________________________ Print Title: _________________________________ Description: ______________________________________________________________________

Information regarding Provider:

License No.: __________________________
Address: __________________________
__________________________
Telephone: ____________________________
Facsimile: _____________________________
E-Mail: ________________________________

Type of Business Entity:
____ Individual
___ Sole Proprietorship
___ Partnership
___ Limited Partnership
___ Corporation, State: _______________

_______________________________________
Employer ID and/or Social Security Number

NOTE: Section 6041 of the Internal
Revenue Code (26 U.S.C. 6041) and
Section 1.6041-1 of Title 26 of the Code of
Federal Regulations (26 C.F.R. 1.6041-1)
requires the recipients of $600.00 or more
to furnish their taxpayer information to
the payer. In order to comply with these
requirements, the District requires the
Provider to furnish the information
requested in this section.

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___ Limited Liability Company
___ Other: ______________________________

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WORKERS’ COMPENSATION CERTIFICATION
Labor Code Section 3700 in relevant part provides:

Every employer except the State shall secure the payment of compensation in one or more of the following ways:
• By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. • By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing satisfactory proof to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to its employees.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.

Date: _______________________________________________ Name of Provider: _______________________________________________ Signature: _______________________________________________ Print Name and Title: _______________________________________________

(In accordance with Article 5 – commencing at Section 1860, Chapter 1, part 7, Division 2 of the Labor Code, the above certificate must be signed and filled with the District prior to performing any Work under this Agreement.)

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EXHIBIT “A”

DESCRIPTION OF SERVICES TO BE PERFORMED BY PROVIDER

SCOPE OF SERVICES
The following Scope of Services has been agreed upon between by the Provider and District:

1. City of Fairfield will operate an E xpanded Learning Opportunity Program (ELOP) program at the following Travis Unified School District school:
a. Center Elementary School, located at 3101 Markeley Lane, Fairfield, CA 94533.

2. City of Fairfield will operate after school programming beginning January 6, 2025 through June 30, 2025.

3. As part of its programming, City of Fairfield will specifically provide:
a. After-school, intersession, and summer session programming for up to 60 students in grades K-6.
b. A Manager(s) to oversee all aspects of its program run in TUSD, with the goal of providing a direct link between the district and after-school program staff. c. A well-qualified trained staff that minimally meet the requirements established in TUSD’s job description for instructional aides. d. Staffing ratios of 10:1 for TK/K students, and 20:1 for 1 st-6th grade students. e. All program management and oversight, including daily activity programming, scheduling presentations or activities from outside vendors, and communicating with families.
f. Attendance reporting logs.
g. Distributing daily snacks and meals (as applicable) to students. All food will be provided by the TUSD Nutrition Department.

4. Operating Hours
a. Provider agrees to operate after-school programming on all school days, including minimum days until 5:00 pm. The program will begin at student dismissal time. At least one staff member will remain on site until 5:30 pm, or until all students have been picked up.
b. Provider will operate intercession and summer programming April 18, April 21-25 (Spring Break) and June 5-30 (Summer Break). Hours of operation will be 8:30-5:30.

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SERVICES PAYMENT TERMS
TUSD will pay program tuition for 60 students, up to 10 of whom may be Kindergarten aged students, to enroll in the after-school and intercession/summer programming.

Presuming full enrollment in the program, the cost of the program are as follows:

Service Description Cost
Regular School Year Coverage (incl. early
release days) Grades 1-6 $51,000
Regular School Year Coverage-
Kindergarten Add on $9,000
Spring Break Grades 1-6 $5,500
Spring Break- Kindergarten Add on $1,300
Summer Break Grades 1-6 $19,000
Summer Break- Kindergarten Add on $3,700
Maximum Total Cost $89,500

Should enrollment in the program drop below 40 students, and the program is able to function without the addition of a third employee, as permitted by f unding rules, parties agree to meet to discuss the impact on the program and associated costs.

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Agenda Item No: 15.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Measure P Oversight Committee Annual Report Presented by Steve Vancil RECOMMENDED ACTION
Receive and file report.

STATEMENT OF ISSUE
City Council is being asked to receive the annual report from the Measure P Oversight Committee.

DISCUSSION
On November 12, 2012, Fairfield voters passed Measure P, a onecent transaction and use tax ordinance. The ordinance (Ordinance No. 2012 20) was certified as adopted by the voters by the council on December 18, 2012 (Resolution 2012 278), the measure was renewed by voters in 2016 for a further 15 years that will end in the year 2033.

Section 18.85 of the ordinance directed the council to establish a Fairfield Taxpayers Committee (hereafter referred to as the Measure P Oversight Committee or Committee) to review expenditures of revenues collected pursuant to the ordinance. The committee is also responsible to review the annual audit of the sales tax funds and other City financial reports necessary to advise the council of its findings. The committee’s role is advisory in nature, with no decisionmaking authority. The committee consists of five members appointed by the council. Members of the committee must be Fairfield residents and/or taxpayers.

Since Measure P was adopted, the Measure P Oversight Committee has met on a quarterly basis. The Committee received reports on the revenues generated by Measure P. The Oversight Committee has also received indepth presentations on the programs and services that are funded by Measure P, as well as other services that the City is enabled to perform due to several critical areas of Public Safety being funded by Measure P. Attached to this staff report is the annual report prepared by the Measure P Oversight Committee for the council.

FINANCIAL IMPACT
N/A
Packet Page 156 of 401

Agenda Item No: 15.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Measure P Oversight Committee Annual Report Presented by Steve VancilRECOMMENDED ACTIONReceive and file report.STATEMENT OF ISSUECity Council is being asked to receive the annual report from the Measure P Oversight Committee.DISCUSSIONOn November 12, 2012, Fairfield voters passed Measure P, a onecent transaction and use taxordinance. The ordinance (Ordinance No. 2012 20) was certified as adopted by the voters by thecouncil on December 18, 2012 (Resolution 2012 278), the measure was renewed by voters in 2016 fora further 15 years that will end in the year 2033.Section 18.85 of the ordinance directed the council to establish a Fairfield Taxpayers Committee(hereafter referred to as the Measure P Oversight Committee or Committee) to review expenditures ofrevenues collected pursuant to the ordinance. The committee is also responsible to review the annualaudit of the sales tax funds and other City financial reports necessary to advise the council of itsfindings. The committee’s role is advisory in nature, with no decisionmaking authority. The committeeconsists of five members appointed by the council. Members of the committee must be Fairfieldresidents and/or taxpayers.Since Measure P was adopted, the Measure P Oversight Committee has met on a quarterly basis. TheCommittee received reports on the revenues generated by Measure P. The Oversight Committee hasalso received indepth presentations on the programs and services that are funded by Measure P, aswell as other services that the City is enabled to perform due to several critical areas of Public Safetybeing funded by Measure P. Attached to this staff report is the annual report prepared by the Measure POversight Committee for the council.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
John Furtado, Finance Director
(707) 4287629
[email protected]
COORDINATED WITH
City Manager's Office
ATTACHMENTS:

Description
Measure P Oversight Committee Annual Report FY 2324
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/5/2024 11:20 AM
Packet Page 157 of 401

1 Measure P: Delivering on the Promise. . . and then some! Fiscal Year 2023 – 2024 Annual Report (July 2023 – June 2024)

What is Measure P
Measure P is a locally controlled 1% transaction and general use tax designed to protect public safety, improve services, and enhance the quality of life in Fairfield. Measure P’s mandate comes from the voter’s ballot measure “to support neighborhood police patrols, firefighting and rapid 9-1-1 emergency response, crime prevention programs; potholes and neighborhood street repairs; parks and recreation (with an emphasis on youth and senior services), and other general services, with mandatory audits and independent oversight.” Measure P funds are dedicated solely for use by the City of Fairfield in its General Fund and are not subject to be diverted to the state or other agencies.

The ballot measure also directed the City to establish a Fairfield Taxpayers Committee, also referred to as the “Measure P Committee.” That committee consists of five taxpaying Fairfield citizens appointed to five-year terms by the City Council. This is an annual report from the Fairfield Taxpayers Committee.

History of Measure P
In 2012, the City faced unprecedented deficits in its General Fund due to the loss of revenue associated with the recession starting in late 2008, plus the eventual unexpected loss of redevelopment dollars, caused by the 2011 Budget Act, the Legislature approved the dissolution of the state’s 400 plus Redevelopment Agencies (RDAs). After a period of litigation, RDAs were officially dissolved as of February 1, 2012. As a result, Fairfield was forced to reduce its workforce by 18% and close City Hall and other city facilities every Friday. Available employee work hours dropped nearly 25%. City employees pitched in and agreed to reduce their own work hours and contribute more to pensions and health care. These efforts, however, were not enough to maintain the current level of public safety and basic services, let alone offer more programs to enhance quality of life.

To prevent further cuts, the City Council put Measure P on the ballot for voter approval. It was passed by 68% of voters in 2012 and extended in 2016 with 69% voter approval. Measure P currently sunsets in March 2033, unless extended by the voters.

Since its inception, Measure P has played an integral role in restoring critical services, strengthening public safety, improving streets and roads, and expanding services to enhance quality of life in Fairfield. Rather than a one-time financial solution, Fairfield has now benefitted from more than 11 years of steady Measure P revenue.

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2 Thanks in part to consistent Measure P funding, the number of full-time equivalent (FTE) city employees has been thoughtfully restored over the past decade to support increased services.

These increases include adding crime and fire prevention programs, additional street maintenance crews, and enhanced quality of life efforts.

Prior to the recession, the maximum FTE employee headcount was 609 employees in 2009. By the time Measure P began in 2013, layoffs reduced that headcount by over 17% to 502 FTE.

During the first ten years of Measure P, 117 FTE positions were added, either directly or indirectly attributable to the measure. This restored the overall city employee count to 619 FTE positions at the beginning of this fiscal year, an amount slightly above pre-recession levels, but still about 10% below the equivalent manpower level when considering the population growth of the city.

This was reported in detail within last year’s Measure P annual report.

Long-term fiscal forecasting during this past year identified a future structural budget deficit driven by recent inflation and other factors. As a result, a hiring freeze has been implemented and growth of employee levels has been curtailed. The Measure P Committee also investigated long-term pension liability impact on the structural deficit, with a forecast presented later in this report.

Measure P Programing:

Since Measure P is a program lasting at least 20 years, from 2013 to 2033, the City of Fairfield takes a long-term integrated approach to planning those revenues. Measure P taxes are a General Fund revenue. Historically, Measure P on average represents almost 20% of the city’s entire General Fund. Other components of the General Fund include the traditional sales tax managed by the state, the city’s portion of local property taxes, franchise taxes, and other miscellaneous fees.

Since Measure P is a 20-year program, from the beginning those funds have been fully integrated into the overall city budget and not set aside as a separate account to be spent independently.

Even if they were set aside and programmed for separate use, ultimately all general funds are fungible and used as needed to execute the city budget.

After implementing updated software in the 2021 - 2022 fiscal year, a specific Measure P budget has been planned and monitored, demonstrating its impact on the city’s overall budget.

However, this Measure P budget exists within the larger full General Fund budget. The Measure P budget is targeted at departments and programs that closely align with the Measure P ballot language presented to the voters. As the fiscal year progresses, this budget is revised midyear to correspond with updated incoming Measure P revenues.

As an indication of Measure P impact, reports are presented for the specific departments and programs highlighted by the Measure P budget. Those are listed later within this document.

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3 Fiscal Year 2023 – 2024 Summary:

The past fiscal year saw the prior post-Covid growth of the local retail economy stabilize and then slightly slow. Inflation also moderated leading to more stable pricing. The Federal Reserve’s increase of interest rate of 5.25% to 5.50% in July of 2023 at the start of this past fiscal year reduced and shifted the purchasing power of consumers, thus causing a mild dent in the year over year Measure P revenues.

Total Measure P revenue reduced 1.45% from prior year actual revenues, and 1.48% below the FY 2023 – 2024 beginning forecast. The mid-year revision was very accurate - within 0.06% of the final actual revenues.

SUMMARY OF FINANCIAL DATA INCLUDING TRENDS
Total net Measure P revenue for the past fiscal year was $25,376,999. Additional revenue from traditional sales tax was $30,149,797. Our traditional sales tax includes about $4,970,845 representing the Fairfield portion of the Solano Pool allocated by the state for online sales tax (internet shopping).

In the past year, total sales tax revenue was $55,526,796 from all sources, and Measure P represented 45.7% of all sales tax revenue. Measure P also represented 18.3% of all General Fund Revenues.

Table 1 represents a comparison of the original budget, the mid-year revised budget, and actual end of fiscal year Measure P expenditures. The table represents the broad areas of spending aligned with the voter’s ballot measure – Public Works, Fire Department, Police Department, and Parks and Recreation. Public Works has a secondary “Quality of Life” component outside of “Steets and Roads,” creating five total tracking categories.

Table 1 shows that total Measure P revenues started to slow in the first part of the fiscal year, as the Federal Reserve’s higher interest rates took effect. This ultimately resulted in the drop of Measure P tax revenues, 1.45% below the prior year.

The Fairfield Taxpayers Committee in their quarterly meetings received updates from City Management and the Finance Department on the use of Measure P funds, as well as revised trends and review of economic data. The committee also received departmental presentations to include planned use of electric vehicles and charging infrastructure, Police Department operation and training, homeless engagement and response team, street maintenance, and Public Works capital expenditure projects.

Table 1 shows that Measure P funded numerous public safety employees including 34 police officers, 22 firefighters, and 5 dispatchers. It also funded the city’s two pillars of homeless Packet Page 160 of 401Attachment 1 Page 3 of 14

4 prevention – Public Works’ Homeless Engagement and Response Team (HEART) and law enforcement’s Homeless Intervention Team (HIT), which is part of the city’s Community Action Team (CAT).

The table also shows midyear adjustments. For example, within Public Works, some additional money was added for funding streets, however, the HEART team funds were slightly decreased.

HEART activity includes cleaning up homeless camps, dumped and abandoned trash throughout the city, and graffiti. HEART has close cooperation with the Police Department’s HIT team which in turn received a slight uptick in funds.

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5 Graph 1 shows how spending is ranked by category. The largest amount of Measure P funds went to the Police and Fire Departments, as they have the largest budgets within the city departments.

Police, Fire, and emergency response were likewise topics identified on the ballot measure. “Enhancing Quality of Life” includes both Parks and Recreation plus a component of Public Works since that division maintains our parks. Quality of Life also includes removing dumped debris, cleanup of homeless camps, and streetside trash, and eradication of graffiti.

Measure P Spending by Advisory Measure FY 23-24

This graph illustrates that funding for Public Works and the Fire Department rose slightly from the original Measure P budget, while the Police Department and Parks & Recreation dropped slightly.

1.01 1.53

4.11 6.26

12.46 0.83

1.79 4.28

6.29 12.19
Parks & Recreation Public Works Public Works Fire Police Enhancing Quality of Life Improving Streets and
Roads
Maintain Fire Service
Levels
Strengthening Public
Safety
Sum of Budget FY 24 Sum of Actuals FY 24
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6 Improving Quality of Life
Broad Assistance to Address Homelessness: Measure P funds continue to be instrumental in helping several of the City’s departments address one of our most urgent issues – helping those in our city who do not have a house or shelter. The Police Department has the HIT team that addresses homeless individuals at locations or in camps. Rather than making arrests, they use many resources attempting to assist homeless individuals. As mentioned, the Public Works Department manages the HEART team to clean up camps, debris, and graffiti. This is important for health, sanitation, and welfare of the city’s environment.

Fairfield was a leader in homeless outreach establishing the HIT team, initially with two dedicated officers. That team has grown to five officers, and a community service officer. The HIT team has also been combined with the Community Action Team (CAT) to address crime free efforts at multi-unit housing complexes and our many local businesses. With the recent hiring freeze on vacant positions, the team was reduced back to two sworn officers and a community service officer, with the other officers assigned back to maintain adequate manpower on patrol.

The county manages most social programs that would help homeless individuals. Fairfield has joined Solano County and our neighboring cities by reformatting the Community Action Partnership Solano Joint Powers Authority with elected officials from each city and the county to find a more coordinated regional solution to homelessness. As the county seat has courts, jails, and substance rehabilitation facilities, this was particularly important for Fairfield. The Joint Powers Authority enables access to grants and state funding. The county retains the majority of social services resources, while cities like Fairfield have the best assets to patrol and meet needs on the streets and in neighborhoods.

Under this partnership, the HIT team is often successful in moving homeless individuals towards more stable shelter, in coordination with non-profit housing and other agencies. This multi-year effort has resulted in 30% of unhoused people in Fairfield off the streets and in shelters. In some cases, they have proactively moved homeless individuals toward permanent housing. In the latter instance, that often means reconnecting those individuals with their families, sometimes in other states, and sometimes to families that had lost track of their loved ones. This is done in a deliberate fashion, attempting to clear any outstanding warrants before relocation, and making sure the destination is truly suitable and willing to accept the homeless person.

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7 Below is data from the HIT and HEART teams:

Homeless Intervention Team (Police)
365 camps posted (8% decrease over last year)
135 individuals placed in shelter (8% decrease)
18 individuals moved towards home (100% increase)

Summary of HIT Police Activity:

Calls for service – 5,371
Officer-initiated incidents – 2,793
Felony arrests – 74
Misdemeanor arrests – 181
Citations issued - 166

Homeless Engagement and Response Team (Public Works)
1,160 camps and sites cleaned up (68% increase over last year) 1,803 cubic yards of camp debris removed (45% increase) 1,295 shopping carts retrieved (35% increase)
2,658 cubic yards of roadside debris removed (120% increase) 362 Adopt-A-Street bags removed (10% decrease)
30,033 square feet of graffiti removed (3% increase)
Compared to the previous year, the HEART team conducted a significant increase in cleanup and shopping carts retrieved.

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8 Parks and Recreation
Further improving quality of life, Measure P has helped maintain our Parks & Recreation facilities.

In addition to keeping the many City parks open, the following activities were accomplished at our specific locations:

AQUATIC COMPLEX
Swim lessons through June included 290 sessions with a combined total of 1,211 participants, up 25% from last year.

Recreation swim added an extra day this summer and totaled 11,224 combined participants, up 99% from last year.

Four fitness programs were offered year-round with 1,086 daily drop-ins (up 6%), 475 monthly passes (up 44%), and 111 ten punch passes (up 22%) sold.

Adaptive Swim had 185 drop-in admission participants.

Preschool Playtime with (parent/child) had 149 drop-in admissions Three annual events (Spring Egg-Dive-Aganza, Bobbing for Pumpkins, and Santa Splash) totaled 454 guests.

DOWNTOWN THEATER
Our Downtown Theater exceeded their contractual obligation of 39 shows by hosting over 88 shows. They included Frazer Trager Presents music performances, Missouri Street and Missouri Street Youth theater productions, Solano Winds, the Buckingham High School production of Mamma Mia!, and several school and local performances.

SENIOR PROGRAMS AND ACTIVITIES
Twenty-three social and recreational clubs at the Adult Recreation Center Hosted eight unique events at the Adult Recreation Center. They included luncheons, dinners, and summer concerts. These events had 754 participants (up 8%).

Brought back Senior Line Dance with a total of 252 drop-in admissions.

Offered Senior Computer classes with 225 registrants.

Meals on Wheels was discontinued, and the Senior Program has now entered a contract with Innovative Health Solutions to offer lunch to our seniors. There are currently 46 participants.

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9 Police Department
The Police Department has the largest operating budget in the city, and likewise gains more Measure P funds than any other department. In the past year, this department was allotted 47% of Measure P funds.

Measure P played a pivotal role to maintain staffing levels as the city began to face a structural budget deficit. Measure P funded 34 of 126 sworn officer positions, representing 27% of the police force. The budget reduction led to the freezing of four sworn positions, and Measure P has proven instrumental in maintaining an adequate number of officers on patrol.

Measure P also funds five dispatchers, representing 23% of the line and supervisory dispatch positions in the department. Like the sworn officer situation, the department had to freeze one dispatch supervisor and one dispatch position to meet budget goals. Dispatch is critical to our community safety; it is the first line of contact for both police and fire. These funds are vital to maintaining response times to answering calls and calls for service. During the year, dispatch answered 207,655 calls for service in Fairfield.

Measure P plays a significant role supporting the Crime Prevention Unit, including vital community engagement programs. These include 31 Neighborhood Watch programs, six Business Watch programs, and 12 Volunteers in Police Service (VIPS). These programs, which are crucial in engaging the community and preventing crime, are made possible by Measure P.

During the past year, Measure P assisted with a significant impact on crime rates. Two-hundred ninety-nine firearms were recovered and taken off the street through proactive policing from our Patrol and Investigations Divisions. Homicides were down by 50%, robbery reduced by 1%, and aggravated assault down by 3%. Property crime has also been reduced by 21%, and total crime is down by 17%. Measure P in prior years funded numerous FLOCK traffic cameras, which remain instrumental in rapidly solving and preventing other crimes.

Measure P has been instrumental in allowing the Police Department to achieve the City Council’s public safety goals and the community’s well-being. The department remains committed to safety, service and community outreach.

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10 Police Activities League (PAL)
Measure P funding has been an intricate part of the development of PAL, which aims to support the underserved and at-risk teens in Fairfield. This year a total of 298 teens were supported, an increase of 25%. Of the teens, 84% of the teens were from Fairfield/Travis, and 16% were from Suisun City.

Data is displayed for the PAL teens as follows.

1. Household Income: 35% Extremely Low, 34% Very Low, and 14% Low

2. Race: 27% African American, 45% Hispanic, 11% White, 7% Asian

3. Gender: 59% Male, 38% Female, 2% Non-Binary

4. Ages: 26% (13 – 14 years old), 42% (15 – 16 years old), 25% (17 – 18 years old)

PAL funding from Measure P rose 72% above the prior year to $672,261. Additionally, a Solano County Probation Grant provided $50,000 for new equipment. That allowed a new ping pong table, poly pong table, commercial air hockey table, video game systems with TVs, and a Karaoke setup. Bubble soccer and laser tags systems were also upgraded. Members were provided with new water bottles, T-shirts, and boxing bags.

A Solano County Food Bank grant funded a refrigerated cooler making it possible to offer perishable items.

Here are some PAL highlights from the past year:

1. A summer breakfast and lunch program with the Fairfield-Suisun Unified School District Child Nutrition Department

2. Monthly events including Crumble Cookie Student of the Month, Matt Garcia Foundation pizza dinners, Fairfield-Suisun Rotary dinners, and bike mobile visits

3. A Girls Circle program with weekly dinners sponsored by the Soroptimists

4. Dinners hosted by Chick-fil-A

5. Food 4 Less sponsored Glow in the Dark Easter Egg Hunt

6. Potrero Hills Waste Connection provided PAL hoodies for members

7. Nature of Sound hosted E-Sports video game tournaments, with sessions focused on digital safety and awareness

8. Back to School and Christmas Shop with a Cop supported by Walmart, Texas Roadhouse, Monsoon Burger, Food 4 Less, and Fairfield Community Services Foundation

9. Career Development and Mentorship Programs with the Soroptimists

10. Fairfield-Suisun Rotary’s Good Character Awards earned by seven PAL members

11. Mental Health Support and Training

12. Student Leadership & PAL monthly program design

13. Flag Football Super Bowl and Indoor Roller Skating

14. Brandon Angulo became the first PAL boxer since Covid to enter competition in the ring and won his match

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11 Fire Department
Measure P’s Cumulative Long-Term Impact on the Fire Department Fairfield continues to be a growing and expanding city. Past year call volume stood at 16,341 requests for service, with annual responses to incidents up 63.4% since Measure P began in 2013.

Measure P’s steady flow of revenue has allowed the city to not only maintain an increased quantity of service, but also establish robust fire prevention and training programs. In 2021, these upgraded programs were instrumental in improving the city’s Insurance Services Office (ISO) rating from 3 to 2. For reference, less than one percent of cities in the United States attain the top ISO rating of 1, and that is primarily very large cities with significant unique equipment. The City’s excellent ISO rating helps sustain lower insurance costs for residences and businesses.

This past year Measure P funded 22 Firefighters. Measure P also provided $716,100 funding for Fire Department vehicle replacement and maintenance. New Station 36, expected to open in August 2026, will provide expanded coverage to the Green Valley and Cordelia areas. Measure P funds have already enabled deployment of a seventh engine company in June 2022 that will be based in that facility.

Past Year Fire Department Performance
In the past year, the Fire Department responded to 16,341 incidents, up 1.8% from the prior year.

Station 37 continued as the busiest in the department with 5,519 incidents (up 48%). That station is home to both an engine and a full-time truck company.

The Fire Department’s fire prevention efforts and community engagement initiatives continue to evolve. The department conducted 1,814 Annual Fire and Life Safety Inspections, up 4.4% from the previous year. Nearly 14,000 violations were identified and addressed, helping decrease potential fire hazards.

The department completed 228 building plan reviews and conducted a range of construction inspections, including 558 residential fire sprinkler systems, and 4 pre-engineered kitchen extinguishing systems (hood and duct). The fire prevention unit takes a proactive approach to risk mitigation.

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12 During the past year, the Fairfield Fire Department assumed responsibility for emergency response for the Cordelia Fire Protection District, evolving to a long-term contract for service.

This occurred when after over a century of service, financial pressures forced the fire district to contract with Fairfield for services (initially through a short-term contract last year). The city and district negotiated a long-term agreement, beneficial to both parties, that includes fire prevention and administrative functions, in addition to the already provided emergency response.

Measure P funding boosted firefighter personnel and enabled the support of Engine 36 to Cordelia, improving response time in that area.

Improving Streets and Roads
Measure P funds a dedicated street team. It also helps pay for the annual street seal coat program and maintain traffic signals. Below are cumulative statistics from Public Works:
• 2,906 potholes were filled by the Measure P Street Team. • 232,936 square feet of street sealed.
• 200 crosswalk improvements.
• $1,784,060 was spent on local street maintenance to include traffic signals (in addition to Measure P Street Team).
• 30.65 million square feet of streets and roads have been improved since Measure P began in 2013.

In the past year, one street was fully reconstructed (Cadenasso Drive).

Measure P Independent Audit
In accordance with the Measure P ballot measure, an annual independent audit is conducted of Measure P funds. The city’s fiscal year ends on June 30. It takes a couple of months for sales tax revenue numbers to be provided by the state, and for other revenues and expenses to be fully accounted. Once those figures are finalized, an independent audit can be conducted.

The most recent independent auditor report on compliance was completed on January 30, 2024, by Eide Bailly and did not reflect any non-compliance. The Measure P committee reviewed the Independent Auditor’s report at the February 12, 2024, quarterly meeting.

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13 Unfunded Actuarial Liability (UAL)
The Committee also reviewed the Unfunded Actuarial Liability (UAL), which is a significant factor in the city's employee-related costs. Since our last review in 2018, these costs have increased substantially.

Pension-related expenses now account for approximately 16% of the General Fund budget (excluding one- time transfers). Around 25% of full-time General Fund personnel expenditures are spent on pension- related costs. The current net pension liability stands at $248,899,131.

In 2019, CaLPERS lowered the discount rate, leading to a sharp increase and establishing a new baseline for annual UAL payments. The fluctuations in UAL are primarily influenced by CaLPERS' investment performance relative to the expected return (currently set at 6.8%).

The graph below, using the CaLPERS forecasting tool, indicates that the city will continue to experience rising pension costs for several more years, peaking around 2031. At that point, costs should begin to decrease as more "classic" members exit the system and are replaced by PEPRA members. As of the end of FY 2024, the city's mix of Classic versus PEPRA members was 40%/60%, reflecting a change from last year’s 42%/58%.

Graph 2

14 15 17 18
30 25
28 26
28 30
34 35 37 38
40 41 41
40 39 37
34 32
30 29 28
-
5 10
15 20
25 30
35 40
45 2015201620172018201920202021202220232024202520262027202820292030203120322033203420352036203720382039Total All Pension Packet Page 170 of 401Attachment 1 Page 13 of 14

14 Investing in Fairfield’s Future
The City of Fairfield has made strategic investments in building general fund reserves, pension stabilization, economic development, infrastructure improvements, and revitalization. Measure P stabilized cutbacks in city services due to the great recession and has steadily supported restoring and improving a wide range of services to our citizens. Although Measure P is not the sole funding source for all the improvements noted in this report, the improvements and investments could not have been made without Measure P. During the past year, the city identified a long-term structural deficit, and the City Council has taken action to address future finances. Measure P continues as a revenue source, completely controlled by our city, to help sustain our financial stability. Measure P is delivering on the promise, and then some.

Measure P Oversight Committee
In accordance with the Measure P ordinance, the City Council established an independent five- member Citizen Oversight Committee to oversee the use of those funds. The Committee meets quarterly to review the financials and receive program updates, including certifying annual audits. The Committee attempts to have these meetings with various departments and locations throughout the City of Fairfield to gain a first-hand view of the funding needs of our city.

The Committee wants to thank the following individuals for helping to collect data from their departments:

Dan Marshall – Police Department
Taylor Armour – Fire Department
Karen Rees – City Clerk
Ashley Doyle, John Furtado – Finance Department
Ryan Panganiban, David Vong – Public Works
Samantha Burrows – Homeless Services (City Manager’s Office) Fabe Pariera, Stacy Phillips, Heather Sanderson – Police Activities League Measure P Committee Members include:

Chair - Steve Vancil (serving since 2018)
Vice Chair - Tehraleigh Martin (serving since 2020)
Member - Tim Tomko (serving since 2013)
Member - Eddie Ramirez (serving since 2020)
Member - Nicole Baumann (serving since 2023)
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Agenda Item No: 16.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing and;
First Reading and Introduction of Ordinance 202410 of the City Council of the City of Fairfield Approving the Sixth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Partners LLC Regarding Land in the Train Station Specific Plan Area
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

STATEMENT OF ISSUE
A public hearing on the request of Helen Andrews and David Stroud, for a 6th Amendment to the existing Amended and Restated Development Agreement between the City of Fairfield and Canon Partners, 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 maximum industrial northeast impact fee rate allowed and update several definitions to reference the current 2022 Nexus Fee Studies (Resolution No. 2022146) and associated Impact Fee Ordinance (Resolution No. 2022269).

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 council has since authorized 5 amendments to the DA modifying a collection of topics, including conservation easement recordation timing, CFD language, a biological mitigation exhibit, infrastructure improvement timing, and procedural components. However, the key provisions of the agreement remain as follows:

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
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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, 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.

Concurrently with the progression of the DA, Canon Station LLC transferred a portion of its interest in the project to a similarly named but independent third party: Canon Partners LLC. As part of the transaction, Canon Station LLC transferred approximately 316 acres of industrial property, along with the related developer rights and responsibilities, to Canon Partners LLC. This industrial property is better known as Planning Area 6 (PA6) of the TSSP. In 2015, Canon Station LLC, Canon Partners LLC, and the City formalized this transfer by signing an “Assignment of Rights and Assumption of Obligations Under Development Agreement.” This action officially assigned the development rights and obligations for PA6 to Canon Partners LLC, allowing the City to work directly with Canon Partners LLC on the development of PA6.

In 2013, the City adopted a series of fees to address development impacts, including the need for transportation improvements, in support of developing land under the Canon Station Development Agreement and other areas. In 2022, following a detailed study, the City updated several of these fees, including those that address transportation impacts.

Proposed Amendment:Canon Partners LLC is proposing changes to several definitions in the DA to align with the 2022 Fee Study. While most of the proposed changes are minor and procedural, one significant amendment affects the formula for calculating industrial impact fees.

Currently, the DA sets the transportation impact fee for industrial development by using a weighting relative to the fee for a lowdensity singlefamily home. The DA identifies the total transportation impact fee for a lowdensity singlefamily unit as an "Equivalent Dwelling Unit” (EDU). The DA weights industrial development relative to one EDU at 0.04 per 1,000 square feet. When fees were originally adopted in 2013, this weighting equaled a traffic impact fee for industrial development of roughly $1.00 per square foot. This rate, even with inflation factored in, does not provide sufficient funds to construct the roadway infrastructure needed to serve industrial development in Planning Area 6.

Canon Partners LLC is proposing to increase the maximum EDU factor for industrial development from

0.04 to 0.134, effectively raising the impact fee to $4 per square foot. This amendment would allow for a higher transportation impact fee to be charged for industrial development, and better cover the required infrastructure costs.

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 “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, 6 is slated for industrial development and are subject to the proposed 0.134 EDU factor. 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. The TSSP recognizes the need to Packet Page 173 of 401

Agenda Item No: 16.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing and; First Reading and Introduction of Ordinance 202410 of the City Council of the City ofFairfield Approving the Sixth Amendment to the Amended and Restated DevelopmentAgreement Between the City of Fairfield and Canon Partners LLC Regarding Land inthe Train Station Specific Plan AreaRECOMMENDED ACTIONHold public hearing; waive full reading, read by title only and introduce ordinance for first reading.STATEMENT OF ISSUEA public hearing on the request of Helen Andrews and David Stroud, for a 6th Amendment to theexisting Amended and Restated Development Agreement between the City of Fairfield and CanonPartners, LLC. The Amended and Restated Development Agreement covers approximately 1,570acres of land located approximately onehalf mile east of Peabody Road on Vanden Road's west andeast sides. The Amendment proposes to increase the maximum industrial northeast impact fee rateallowed and update several definitions to reference the current 2022 Nexus Fee Studies (ResolutionNo. 2022146) and associated Impact Fee Ordinance (Resolution No. 2022269).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 LakeNeighborhood, known as Planning Area 4 and Planning Area 5 in the TSSP. The council has sinceauthorized 5 amendments to the DA modifying a collection of topics, including conservation easementrecordation timing, CFD language, a biological mitigation exhibit, infrastructure improvement timing,and procedural components. However, the key provisions of the agreement remain as follows: 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 forthe 204acre 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.Concurrently with the progression of the DA, Canon Station LLC transferred a portion of its interest inthe project to a similarly named but independent third party: Canon Partners LLC. As part of thetransaction, Canon Station LLC transferred approximately 316 acres of industrial property, along withthe related developer rights and responsibilities, to Canon Partners LLC. This industrial property isbetter known as Planning Area 6 (PA6) of the TSSP. In 2015, Canon Station LLC, Canon Partners LLC,and the City formalized this transfer by signing an “Assignment of Rights and Assumption of ObligationsUnder Development Agreement.” This action officially assigned the development rights and obligationsfor PA6 to Canon Partners LLC, allowing the City to work directly with Canon Partners LLC on thedevelopment of PA6.In 2013, the City adopted a series of fees to address development impacts, including the need fortransportation improvements, in support of developing land under the Canon Station DevelopmentAgreement and other areas. In 2022, following a detailed study, the City updated several of these fees,including those that address transportation impacts.Proposed Amendment:Canon Partners LLC is proposing changes to several definitions in the DA toalign with the 2022 Fee Study. While most of the proposed changes are minor and procedural, onesignificant amendment affects the formula for calculating industrial impact fees.Currently, the DA sets the transportation impact fee for industrial development by using a weightingrelative to the fee for a lowdensity singlefamily home. The DA identifies the total transportation impactfee for a lowdensity singlefamily unit as an "Equivalent Dwelling Unit” (EDU). The DA weights industrialdevelopment relative to one EDU at 0.04 per 1,000 square feet. When fees were originally adopted in2013, this weighting equaled a traffic impact fee for industrial development of roughly $1.00 per squarefoot. This rate, even with inflation factored in, does not provide sufficient funds to construct the roadwayinfrastructure needed to serve industrial development in Planning Area 6. Canon Partners LLC is proposing to increase the maximum EDU factor for industrial development from0.04 to 0.134, effectively raising the impact fee to $4 per square foot. This amendment would allow for ahigher transportation impact fee to be charged for industrial development, and better cover the requiredinfrastructure costs.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 “Special Study Area.” The Specific Plan identifies the land subject to the DA asPlanning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 6 is slated for industrial development and are subject to the proposed 0.134 EDU factor. 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. The TSSP recognizes the need to update impact fees to fund infrastructure as detailed in various policies under Section 14.8.5 Financing of Public Improvements and Facilities of the Specific Plan.

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
A public hearing notice was published in the Daily Republic newspaper on November 6, 2024.

The Planning Commission unanimously approved Resolution No. PC202411, recommending that the council adopt the proposed ordinance, which would approve a 6th Amendment to the Amended and Restated Development Agreement between the City of Fairfield and Canon Partners LLC.

ALTERNATIVE ACTION
The council may deny the proposed DA amendment. In this circumstance, the maximum EDU factor for industrial development would remain at 0.04, which may impact the timing 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
Attachment 1: Proposed Ordinance
Attachment 2: Exhibit A Sixth Amendment to DA
Attachment 3: 20241023 Planning Commission Staff Report and Resolution PC202411 REVIEWERS:

Reviewer Action Date
Zellers, David Approved 10/29/2024 3:08 PM
Beavers, Esther Approved 10/29/2024 4:45 PM
Beavers, Esther Approved 10/29/2024 4:54 PM
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CITY OF FAIRFIELD

ORDINANCE NO. 2024-10

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SIXTH

AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND CANON PARTNERS 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 Sixth Amendment to the Amended and Restated Development Agreement by and between the City and Canon Partners LLC, attached hereto, based on the findings set forth in the Recitals to the Sixth Amendment to the Development Agreement.

SECTION 2. The city manager is hereby authorized to execute the Sixth Amendment and to take all other steps necessary and appropriate to implement the actions of the City required by the Sixth 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 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 19th day of November 2024, and

PASSED AND ADOPTED this ___ day of _________________, 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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S T A F F R E P O R T
M e e tin g
D a te :

T o :

Fro m :

Su b je ct:

O cto b e r 23 , 20 2 4
C h a irp e rso n an d M e m b e rs o f th e Plan nin g C o m m issio n C o m m u n ity De ve lo p m e n t D e p a rt m e n t
ITEM C: CANON STATION DEVELOPM ENT AGREEMENT 5TH AMENDM ENT R e so lu tio n N o . PC 2 0 2 4 -11
D e ve lo p m e n t A g re e m e n t A m e n d m e nt (D A 2024 -0 0 2 ) Lo catio n : N o rth e ast Fa irfie ld
A p p lican t: C a n o n Pa rtn e rs LLC
O w n e r: C an o n Partn e rs LLC
A pu b lic he a rin g o n th e re q u e st of H e le n A ndrew s an d D avid Stro u d , fo r a 6th A m e n d m e n t to th e existin g A m e n d e d an d Re stated D eve lop m e n t Agree m e nt be tw e e n th e C ity o f Fa irfie ld an d C an on Partn e rs, LLC. T he A m e n d e d an d Restate d D e v e lo p m e n t A g re e m e n t co ve rs ap pro xim ate ly 1,5 7 0 acres of lan d locate d ap p ro xim ate ly o n e -h a lf m ile east of Pe ab o d y Road on Van d e n Ro ad's w est an d ea st sid e s. T h e A m e n dm e n t pro pose s to in crease th e m axim u m in du strial no rth e a st im p act fee rate allow e d an d up date sev e ral defi n itio n s to referen ce th e cu rre n t 20 2 2 N e xu s Fe e Stu die s (Resolu tio n N o . 20 2 2 -146 ) an d asso ciate d Im pact Fe e O rd in a n c e (R e so lu tion N o . 20 2 2-2 6 9 ). T he previo u sly ad o pte d Enviro n m ental Im p a ct Re p o rt fo r th e T rain Statio n Sp e ci fi c Plan satisfi e s th e req u ire m e nts of th e C alifo rn ia En viro n m e n tal Q u a lity A ct fo r th is pro je ct. (P lan n e r: M e ily M . Sh e e h an , 70 7 -4 2 8 -7 4 7 4 , m sh e e h a n@ fa irfi e ld.ca.g o v )

BA C K G R O U N D IN FO R M A T IO N
O n A u g u st 16 , 20 11 , th e C ity Co u n ci l en te re d into a D e v e lo p m e n t A gree m e n t (D A ) w ith C an o n Statio n LLC re g a rd in g ap p ro xim ate ly 1,5 7 0 acres w ith in th e T rain Station Sp e ci fic Plan (TSS P ) A re a . C a n o n Statio n LLC is th e m a ste r de ve lo p e r of th e O n e Lake N e ig hb o rhood , kn o w n as Pla n n in g A re a 4 an d P la n n in g A re a 5 in th e T SSP. T he cou n ci l has sin ce auth o rize d 5 am e n d m e nts to th e D A m o d ifyin g a co lle ctio n of top ics, in cl u d in g con se rvatio n ease m e nt record atio n tim in g , C FD la n g u a g e, a bio lo g ical m itig atio n exh ibit, in fr astructu re im pro vem e nt tim in g , an d pro ced ural co m p o n e n ts. H o w e v e r, th e ke y pro v isio n s of th e ag ree m ent re m a in as fo llo w s:

1. G u a ran te e s fo r th e rig ht to de v e lo p up to 3,101 dw e llin g units an d 4.6 m illio n sq u a re feet o f off ice an d in d u stria l bu ild in g fl oor are a; an d C ity of F airfield
C om m unity D evelop m ent Departm en t
Prepared by: }J_ t
Reviewed by:J) F
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2. T ran sfe r o f ap p ro xim ate ly 10 0 acre s o f C ity-o w ne d lan d to C an on Statio n LLC in exch an g e fo r th e 20 4 -acre Ke lle y Pro p e rty fo r pu blic park an d op e n sp ace uses, m o n etary co m p e n satio n , an d oth e r co n sid e ratio n s; an d

3. C o n stru ctio n o f vario u s pu b lic im pro v e m e nts by C an o n Station LLC, in clu d in g a ne w fire statio n , pa rk im p ro ve m e n ts, an d ro a d im pro v em e nts; an d 4 . Esta b lish m e n t o f vario u s C o m m u nity Faci litie s D istricts (C FD s} to pay fo r in fr astru ctu re an d m u n ici p a l se rv ice s, in clu din g pu blic safety (p olice an d fi re}, park m ainten a n ce, an d o p e n sp ace m a in te n a n ce ; an d

5. R e q u ire m e n t th a t C an o n Statio n LLC prese rve m o re th an 1,0 0 0 acres in op e n sp aces w ith in an d in th e vicin ity o f th e T SS P A rea. P rese rvatio n is to be ach ie ved by estab lish in g a co n se rvatio n ea se m e n t o n th e se la n d s.

C o n cu rre n tly w ith th e pro g re ssio n o f th e DA , Can o n Station LLC tran sferred a po rtion of its in te re st in th e pro je ct to a sim ila rly na m e d bu t in d e p e n de nt th ird party: C an o n Partn e rs LLC. As pa rt o f th e tran sactio n , C an o n Station LLC transferred app ro xim ate ly 31 6 acres of in d u strial pro p e rty, alo n g w ith th e re late d de v e lop e r rig h ts an d resp o n sibilitie s, to C an o n Partn e rs LLC. Th is in d u stria l pro p e rty is be tte r kn o w n as Pla nn in g A rea 6 (P A 6 } of th e T SSP . In 2015 , C an on Station LLC , C an o n Pa rt n e rs LLC, an d th e C ity fo rm a lize d th is transfer by sig nin g an "A ssig n m e nt of Rig hts an d A ssu m p tio n o f O b lig atio n s U n d e r D e v e lo p m e nt A g ree m e n t." T his actio n off icially assig n e d th e de ve lo p m e n t rig hts an d o b lig atio n s fo r PA 6 to C an o n Partn e rs LLC, allow in g th e C ity to w ork directly w ith C an o n Partn e rs LLC o n th e de v e lo p m e nt of PA 6 .

In 20 13 , th e C ity ad o p te d a se rie s of fee s to ad d ress de v e lop m e nt im pacts, in cl u d in g th e ne e d fo r tran sp o rtatio n im p ro v e m e n ts, in su pp o rt o f de v e lo p in g lan d un d e r th e C an o n Statio n D e ve lo p m e n t A g re e m e n t an d oth e r areas. In 2022, fo llow in g a detaile d stu d y, th e C ity up d ated se v e ra l of th e se fee s, in cl u d in g th o se th at ad dre ss tran sp o rtatio n im pacts.

PR O P O SED A M EN D M E N T
C an o n Pa rt n e rs LLC is pro p o sin g ch a n g e s to se v eral de fi n ition s in th e DA to alig n w ith th e 202 2 Fe e Stu d y. W h ile m o st of th e pro p ose d ch a n g es are m in o r and pro ced ural, o n e sig n ifi can t am e n d m e n t aff ects th e fo rm u la fo r ca lcu latin g in d u stria l im p act fee s.

C u rre n tly , th e DA sets th e tran sp o rtation im pact fee fo r in d u stria l deve lo p m e n t by usin g a w e ig htin g re la tiv e to a lo w -d e n sity sin g le -fa m ily ho m e . T h e D A id e ntifi e s th e to tal tran sp ortatio n im p a ct fee fo r lo w -d e n sity sin g le -fa m ily units as an "Eq uivale nt D w e llin g U n it" (E D U }. T he D A w e ig hts in d u stria l de v e lo p m e n t re lative to o n e ED U at 0 .0 4 pe r 1,00 0 sq uare feet. W h e n fee s w e re o rig in a lly ad o p te d in 20 13 , th is w e ig htin g eq uale d a traff ic im p act fee fo r in d u strial d e ve lo p m e n t o f ro u g h ly $1 .0 0 pe r sq u a re fo o t. T his rate, ev e n w ith infl atio n fa ctored in , do e s no t p ro v id e su ffi cie n t fun d s to co n stru ct th e ro ad w ay in fr astru ctu re nee d e d to se rve in du strial d e ve lo p m e n t in P la n n in g A re a 6.

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C an o n Pa rtn e rs LLC is pro p o sin g to in cre ase th e m ax im um ED U fa ctor fo r in du strial de velop m e nt fr o m 0 .0 4 to 0 .13 4 , eff e ctiv e ly raisin g th e im pact fee to $4.00 pe r sq u are fo o t. T his am e n d m e nt w o u ld allo w fo r a hig he r tra n sp o rtation im p a ct fee to be charge d fo r in d u strial de ve lop m e nt, an d be tte r co ve r th e re q u ire d in fr astru ctu re co sts.

A N A LY SIS FO R P LA N N IN G C O M M ISSIO N
A . G e n e ral Pla n an d Sp e cifi c P la n Co n siste n cy: G ov ern m e n t C o d e Sectio n 6586 8 .5 req u ires th at a D A be co n siste n t w ith th e G e n eral Plan an d an y Sp e cific Plan. T he G e n e ral Plan de sig n ate s la n d w ith in th e T SSP as th e "Sp e cial Stu d y A rea." T he Sp e ci fic Plan id e ntifi e s th e la n d su b je ct to th e DA as P la n n in g A reas 4, 5, 6, 7, and 8. O f th e Plan n in g Areas liste d , 6 is slate d fo r in d u stria l de v e lop m en t an d are su bje ct to th e pro pose d 0.13 4 ED U fa ctor.

T h e co u n cil prev io u sly fo u n d th e existin g DA to be con siste nt w ith th e G e n e ral Plan an d Sp e cifi c P la n . T h e G e n e ral P la n in cl u de s po licie s th at req uire ne w resid e ntial de ve lo pm e nt to fun d th e co st o f its in fr astru ctu re ne ed s. T he T SSP reco g nize s th e ne e d to upd ate im p act fee s to fu n d in fr astru ctu re as detaile d in vario u s polici e s un de r Section 14 .8 .5 Fin a n cin g of P ub lic Im p ro vem e n ts an d Fa cilities of th e Sp e cific Plan .

B. En viro n m e n ta l Re vie w : A n En viro n m e n tal Im pact Re p o rt (EIR ) w as previo u sly prep ared an d ce rt ifi e d by th e C ity fo r th e T SSP in 20 11. T he C ity previou sly fo u n d th at th e im p acts o f de v e lo p m e nt un d e r th e existin g D A are w ith in th e scop e of th e EIR ce rtifi e d by th e C o u n cil in 20 1 1 fo r th e T SSP. T h e pro p ose d ch a n g es are consiste nt w ith th e T SSP an d do no t po se en v iro n m e n ta l im p a cts gre ate r th an th ose fo u n d to be w ith in th e sco p e of th e T SSP 's EIR .

R E C O M M EN D A T IO N
Staff re co m m e n d s th e P la n n in g C o m m issio n ad op t Re solu tion PC 2024 -ll , reco m m e n d in g th e ap p ro v a l o f th e pro p o se d Sixth A m e n d m e n t to th e C an o n Statio n A m en de d an d Restated D e ve lo p m e n t A g re e m e n t to th e co u n ci l.

A ttach m e n ts:

1. P la n n in g C o m m issio n Re so lu tion PC 2 02 4 -11 , w ith attach e d:
• Exh ib it A - Pro p o se d D raft O rd in a n ce an d C an o n Statio n Deve lo p m e n t A g ree m e nt Sixth A m e n d m e n t
PC ITEM NO.: C
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City of Fairfield Planning Commission
RESOLUTION NO. PC2024-11

RESOLUTION OF THE CITY OF FAIRFIELD PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL APPROVE A SIXTH

AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT

AGREEMENT BETWE EN THE CITY OF FAIRFIELD AND CANON PARTNERS LLC

T H E PLA N N IN G C O M M ISSIO N O F TH E C ITY O F FA IR FIELD H ER EBY RECIT ES, FIN D S, DET ER M IN ES, O R D ER S , A N D R ES O LV ES A S FO LLO W S:

SECT IO N 1. O n A ugu st 27, 2024 , a De ve lop m ent A greem ent Am e n dm e nt Ap plication (D A 2024- 00 2 ) w as pro p e rly file d w ith th e Co m m un ity Develop m e nt Departm e nt in acco rdance w ith the ru le s an d re g u latio n s go vern in g th e official filin g of such app lications.

S ECT IO N 2. T h e P la n ning Co m m issio n he ld a du ly no ticed public he aring on O ctobe r 23, 2024.

T h e C ity staff prese n te d su b stan tial fa ctu a l in fo rm ation regarding the pro po sed Pro ject in staff re p o rts an d th ro u g h oral prese n tatio n s be fo re the com m ission an d co nsid e red all public te stim o n y an d in fo rm ation prese nted du ring th e pu blic he aring regard ing this app lication.

S E C T IO N 3. A n En viro n m e ntal Im p act Re p o rt (EIR) an d M itigation M onitoring an d Reporting Pro g ram fo r th e T rain Statio n Sp e ci fi c Plan (TSS P) w ere previously cert ified an d ad opted by the C ity C o u n cil o n Ju ly 26 , 20 11 ; th e EIR in cl u d e s land w ithin the Develop m e nt Agreem ent A m e n d m e n t an d th e en v iro n m e ntal eff ects of th e A m e ndm ent have bee n ad eq u ately ad dressed in th e EIR ; no additio n al en viro n m ental review is req uired pu rsuant to the Califo rn ia En viro n m e n ta l Q uality A ct.

SEC T IO N 4 . T h e com m issio n fin d s th at th e prop o sed Sixth A m e ndm e nt to the Can on Partners LLC A m e n d e d an d Re stated De ve lop m ent A g ree m e nt is consistent w ith the C ity's Gen eral Plan an d T SSP an d dete rm in e s th at th e en viron m e ntal eff ects of th e am e ndm e nt have been ad e q u ate ly add resse d in th e EIR prep ared fo r th e TSSP.

SE C T IO N 5. T h e co m m issio n he re b y re com m en d s coun cil adoption of the Sixth Am e ndm ent to th e D e ve lo pm e n t A g ree m e nt betw ee n th e C ity of Fairfield an d Can on Part ne rs LLC as contained in th e att ach e d Exh ibit A.

PC ITEM NO.: C
FILE NO.: DA2024-002
S:\Planning\PC Meetings\PC-2024\24-10-23\ltem C- Canon Partners PA6\2. Resolution.docx PC DATE: 10/23/2024
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SECT IO N 6. The reco rd of proceedings shall be located at the City's Com m unity Developm ent Depart m ent, and the director of com m unity develo pm ent shall be the custodian of such docum ents.

PA SS E D A N D AD O PTED this 23rd day of O ctober 2024.

A Y ES: CO M M ISSIO NER S:

N O ES:

A B STA IN :

A BSENT :

CO M M ISSIO NER S:

CO M M ISSIO N ER S:

CO M M ISSIO NER S:

George KEN NED Y (C hair) / Tina W ER BLI N (Vice) / Chris M ATT HEW S / Don GR EVE / Shashi PAU L / Rheonna REESE / Jasm ine SING H
Nooe-
GEO RGE KEN N ED Y, Chair
DA V E FEIN STEIN, Secretary
PC ITEM NO.: C
PC FILE NO.: DA2024-002
S:\Planning\PC Meetings\PC-2024\24-10-23\ltem C - Canon Partners PA6\2. Resolution.docx PC DATE: 10/23/2024
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Agenda Item No: 17.

AGENDA REPORT
DATE:November 19, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing and;
Resolution 2024269 of the City Council of the City of Fairfield Approving an Amendment Request to the Train Station Specific Plan (SP2022001) RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The Train Station Specific Plan (TSSP) includes architecture and building siting policies for development within Planning Area 6 (PA6) of the TSSP area. The policies require that the developer construct industrial buildings with architectural features that soften facades facing the public rightofway and commercial buildings that are sited for a pedestrian interface. The developer has requested that the TSSP be amended to alter these policies with flexible provisions.

DISCUSSION
Background:The Canon Station project is a diverse development proposal with a history that traces back approximately 13 years. Initial planning for the project was completed as a part of the TSSP and approved by the City Council in July 2011. The TSSP provides a generalized set of development policies, creating a framework for the overall land plan, circulation, and retail amenity hubs. Concurrent with the adoption of the TSSP, the council also certified an Environmental Impact Report (EIR) that evaluated the resource impacts of the project, including detailed studies of traffic, wetland, and habitat features among its contents.

While the TSSP provides a broad framework for future development, it defers precise land planning as a future action. To facilitate future planning, the TSSP land area is divided into 10 separate “Planning Areas.” For each Planning Area (PA), the TSSP requires a “Master Planned Unit Development” (MPUD) permit as the bridge between the overall Specific Plan and the more detailed subdivision/parcel maps and development entitlements. The MPUD permit provides conceptual land use and circulation plans that refine the intent and purpose of the TSSP, as well as determine infrastructure phasing.

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At its meeting on August 23, 2023, the Planning Commission approved a request by Canon Partners, LLC for various entitlements to facilitate the development of PA6. Specifically, the MPUD permit, and associated Design Guidelines were approved. The PA6 master plan includes 4.6 million square feet of industrial development, 10,000 square feet of ‘incubator space,’ and 12,000 square feet of commercial space. The MPUD provides land use, circulation, utility, and design regulations for future development requests. The cohesive Design Guidelines highlight the project’s environmental compliance, fee and infrastructure obligations, maintenance responsibilities, and architecture and site design elements.

Focusing on the design features, the Design Guidelines include directions on 1) architecture requirements; 2) master landscape plans; 3) signage; 4) lighting; and 5) master wall and fencing plans. It should be noted that there are no buildings currently proposed for construction as part of the project.

At its meeting on October 17, 2023, the City Council reviewed the subject TSSP policy amendment request. Consistent with the commission resolution, staff recommended that the amendments not be approved, in order to preserve the Specific Plan’s vision for high quality industrial architecture that supports manufacturing. The applicant team noted that the property configuration limited the ability to site 1 million square foot buildings in any other direction and that a single elevation plane is necessary for truck safety. After careful discussion, the council directed staff to continue to work with the applicant on alternative policy language that would support both the aesthetic vision of the Specific Plan and the operational desires of the applicant.

TSSP Amendment:As directed, staff and the applicant team coordinate on revisions to the original policy amendment request. The applicant is currently seeking two TSSP policy amendments focused on building configuration and architecture. The proposed policy amendments are detailed below, and the exact language is provided in the resolution attachment (Exhibit A).

Policy 430 requires all development within PA6 to configure the loading areas and rear elevations of the buildings away from the primary streets, New Canon Road and New McCrory Road. In order to support large crossdocking facilities, the applicant requests that the policy be amended to allow loading areas to face the streets when necessary. After working closely with the applicant team, staff supports the amendment request. This support is based on the property's configuration challenges, the inclusion of a 6foot berm and extensive landscaping along New Canon Road and New McCrory Road as outlined in the PA6 Design Guidelines, the significant visual setback from Vanden Road, and consistency with the proposed design language for Policy 1378 (outlined below).

Policy 1378 requires a building façade ‘break’ that measures 15 feet in width and 5 feet in depth for every 150 feet of linear building frontage. For example, if a building is 450 feet in length, two ‘breaks’ in the building face must be incorporated into the architectural design.

This policy ensures that large industrial buildings have movement and articulation and are not visually flat along their entire face. To prioritize truck safety, the applicant requests an amendment to this policy to remove the requirement for dock walls to incorporate minimum façade breaks through wall plane articulation. To support the shared goal of safety, staff have revised the policy language to allow for a broader range of architectural design elements aimed at reducing building massing and visual impacts. Rather than solely requiring façade breaks, the proposed amendment offers six alternative options to address the scale of expansive industrial buildings. Future developers will be required to implement any three of these options. Both the applicant team and staff agree on the revised amendment language.

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Agenda Item No: 17.AGENDA REPORTDATE:November 19, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing and;Resolution 2024269 of the City Council of the City of Fairfield Approving anAmendment Request to the Train Station Specific Plan (SP2022001)RECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEThe Train Station Specific Plan (TSSP) includes architecture and building siting policies fordevelopment within Planning Area 6 (PA6) of the TSSP area. The policies require that the developerconstruct industrial buildings with architectural features that soften facades facing the public rightofwayand commercial buildings that are sited for a pedestrian interface. The developer has requested thatthe TSSP be amended to alter these policies with flexible provisions.DISCUSSIONBackground:The Canon Station project is a diverse development proposal with a history thattraces back approximately 13 years. Initial planning for the project was completed as a part of theTSSP and approved by the City Council in July 2011. The TSSP provides a generalized set ofdevelopment policies, creating a framework for the overall land plan, circulation, and retailamenity hubs. Concurrent with the adoption of the TSSP, the council also certified anEnvironmental Impact Report (EIR) that evaluated the resource impacts of the project, includingdetailed studies of traffic, wetland, and habitat features among its contents.While the TSSP provides a broad framework for future development, it defers precise landplanning as a future action. To facilitate future planning, the TSSP land area is divided into10 separate “Planning Areas.” For each Planning Area (PA), the TSSP requires a “MasterPlanned Unit Development” (MPUD) permit as the bridge between the overall Specific Planand the more detailed subdivision/parcel maps and development entitlements. The MPUDpermit provides conceptual land use and circulation plans that refine the intent and purposeof the TSSP, as well as determine infrastructure phasing.At its meeting on August 23, 2023, the Planning Commission approved a request by CanonPartners, LLC for various entitlements to facilitate the development of PA6. Specifically, theMPUD permit, and associated Design Guidelines were approved. The PA6 master planincludes 4.6 million square feet of industrial development, 10,000 square feet of ‘incubatorspace,’ and 12,000 square feet of commercial space. The MPUD provides land use,circulation, utility, and design regulations for future development requests. The cohesiveDesign Guidelines highlight the project’s environmental compliance, fee and infrastructureobligations, maintenance responsibilities, and architecture and site design elements.Focusing on the design features, the Design Guidelines include directions on 1)architecture requirements; 2) master landscape plans; 3) signage; 4) lighting; and 5) masterwall and fencing plans. It should be noted that there are no buildings currently proposed forconstruction as part of the project.At its meeting on October 17, 2023, the City Council reviewed the subject TSSP policyamendment request. Consistent with the commission resolution, staff recommended thatthe amendments not be approved, in order to preserve the Specific Plan’s vision for highquality industrial architecture that supports manufacturing. The applicant team noted that theproperty configuration limited the ability to site 1 million square foot buildings in any otherdirection and that a single elevation plane is necessary for truck safety. After carefuldiscussion, the council directed staff to continue to work with the applicant on alternativepolicy language that would support both the aesthetic vision of the Specific Plan and theoperational desires of the applicant. TSSP Amendment:As directed, staff and the applicant team coordinate on revisions to theoriginal policy amendment request. The applicant is currently seeking two TSSP policyamendments focused on building configuration and architecture. The proposed policyamendments are detailed below, and the exact language is provided in the resolution attachment(Exhibit A).Policy 430 requires all development within PA6 to configure the loading areas and rearelevations of the buildings away from the primary streets, New Canon Road and NewMcCrory Road. In order to support large crossdocking facilities, the applicant requests thatthe policy be amended to allow loading areas to face the streets when necessary. Afterworking closely with the applicant team, staff supports the amendment request. This supportis based on the property's configuration challenges, the inclusion of a 6foot berm andextensive landscaping along New Canon Road and New McCrory Road as outlined in thePA6 Design Guidelines, the significant visual setback from Vanden Road, and consistencywith the proposed design language for Policy 1378 (outlined below).Policy 1378 requires a building façade ‘break’ that measures 15 feet in width and 5 feet indepth for every 150 feet of linear building frontage. For example, if a building is 450 feet inlength, two ‘breaks’ in the building face must be incorporated into the architectural design.This policy ensures that large industrial buildings have movement and articulation and arenot visually flat along their entire face. To prioritize truck safety, the applicant requests anamendment to this policy to remove the requirement for dock walls to incorporate minimumfaçade breaks through wall plane articulation. To support the shared goal of safety, staffhave revised the policy language to allow for a broader range of architectural designelements aimed at reducing building massing and visual impacts. Rather than solelyrequiring façade breaks, the proposed amendment offers six alternative options to addressthe scale of expansive industrial buildings. Future developers will be required to implementany three of these options. Both the applicant team and staff agree on the revisedamendment language.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The commission held a public hearing on the requests on August 23, 2023. It approved the MPUD Permit for PA6 of the TSSP and the Development Review for PA6 Design Guidelines and forwarded the TSSP Amendment to the council with a recommendation for denial by a 61 vote. The council considered the commission’s recommendation when providing directions to staff at its meeting on October 17, 2023.

A public hearing notice was published in the Daily Republic newspaper on November 6, 2024, for this November 19, 2024, council meeting. At the time of this writing, no comments have been received.

ALTERNATIVE ACTION
The council may choose to deny the requested TSSP amendments. In this circumstance, the TSSP policies as currently written would remain.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Amendments to the TSSP
REVIEWERS:

Reviewer Action Date
Zellers, David Approved 10/29/2024 3:07 PM
Beavers, Esther Approved 10/29/2024 4:54 PM
Beavers, Esther Approved 10/29/2024 4:55 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-269

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AN AMENDMENT TO THE TRAIN STATION SPECIFIC PLAN (SP2022-001)

WHEREAS, on June 26, 2011, the City Council adopted the Train Station Specific Plan (TSSP); and

WHEREAS, an application for a Specific Plan Amendment (SP2022-001) was properly filed with the Community Development Department in accordance with the rules and regulations governing the official filing of such applications; and

WHEREAS, on August 23, 2023, the Planning Commission held a duly noticed public hearing on the proposed TSSP amendment and forwarded the proposal to the council with a recommendation for denial; and

WHEREAS, on October 17, 2023, the council held a duly noticed public hearing on the proposed TSSP amendment and directed staff to return with revised amendments; and

WHEREAS, on November 19, 2024, the council held a duly noticed public hearing on the proposed TSSP amendment; and

WHEREAS, City staff has presented substantial factual information regarding the proposed TSSP amendment; and

WHEREAS, the council has considered all public testimony and information presented during the public hearing regarding this item; and

WHEREAS, the council finds that the proposed TSSP amendment:

a) is consistent with the principles and objectives of the T SSP; and

b) is consistent with the goals, objectives, and policies of the City’s General Plan; and

c) would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

WHEREAS, an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were previously adopted for the TSSP by the City in July 2011, to comply with the requirements of the California Environmental Quality Act (CEQA); and

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RES. NO. 2024-269

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Fairfield City CouncilNovember 19, 2024

Fairfield City Council
November 19, 2024