City of Fairfield Council Handbook Dec 2024 Page 31 Police Department
The Fairfield Police Department is committed to reducing harm by advancing safety, service, and the quality of life in Fairfield. The police department is a public safety agency that is evolving 21 st century policing to reduce harm, build public trust and safeguard officer well-being. The department’s goals are:
• Reduce crime, the fear of crime, nuisance, and homelessness • Reduce traffic collisions and increase roadway safety • Increase personnel health and wellness
• Strengthen regional partnerships
• Increase community trust and engagement
The department is organized into two bureaus: o perations and support services. The operations bureau consists of the p atrol, investigations, and special enforcement divisions. The s upport services bureau consists of the a dministrative services, community engagement, records & property, and d ispatch divisions.
Office of the Chief
The office of the chief is made up of the chief of police and immediate staff. This office is responsible for fostering an environment that empowers leadership, promotes vision, and creates strategy, while securing the resources to execute the department’s mission and achieve its goals. The office of the chief serves as the primary administrative, fiscal and research entity for the department. Personnel provide professional administrative support to the chief and other divisions.
Chief of Police
Operations Bureau
Captain
Patrol & Traffic Division
Investigations Division
Special Enforcement
Division
Support Services Bureau
Captain
Admin Services Division
Community Engagement
Division
Records, Property, and
Administration Division
Dispatch Division
City of Fairfield Council Handbook Dec 2024 Page 32 Operations Bureau
Patrol and Traffic Division
Patrol makes up the majority of sworn police personnel. The uniformed officers are the most visible members of the department and are the first to arrive when help is required anywhere and anytime, 24 hours a day, 7 days a week. A police lieutenant acts as a public service area liaison for each of the four Public Service Areas (PSA) in the City.
Figure 1-1 City of Fairfield, CA PSAs
City of Fairfield Council Handbook Dec 2024 Page 33 Figure 1-2 City of Fairfield, CA Patrol Beats
The PSA commanders and beat sergeants are given authority and responsibility for building partnerships, problem solving, and the implementation of COPPS (Community Oriented Policing and Problem Solving) philosophy. The city’s website provides contact infor mation (name, phone number, and email address) for the PSA commander and beat sergeant. This information is updated every six months.
The emergency services unit consists of the special weapons and t actics team (SWAT), the crisis negotiations team (CNT), the t echnology support team (TST) and the Solano County Mutual -aid Mobile Field Force (MFF).
Investigations Division
The Investigations Division is comprised of the following units and work groups:
Crimes against Persons / Property Unit
This unit investigates crimes such as homicide, burglaries, grand theft, identity theft, and high-tech crimes.
A community services officer is also responsible for maintaining the department’s sex registrant files and for public dissemination of information regarding high-risk sex offenders under the authority of Megan’s Law. One detective is assigned to the Solano County Major Crimes Task Force in the Solano County District Attorney’s Office.
City of Fairfield Council Handbook Dec 2024 Page 34 Special Victims Unit
This unit consists of specially trained detectives and professional staff who investigate domestic violence crimes, sexual assaults, and child abuse. A domestic violence program manager provides advocacy, crisis intervention, safety planning, emergency shelter assistance, help with restraining orders, resource and referrals within the community and domestic violence education.
Special Operations Team including Gang/Narcotic Unit
The special operations team is comprised of the Gang and Narcotic Investigations Units. The g ang unit investigates all gang related crimes, and the n arcotic investigations unit investigates all drug related crimes. The Special Operations Team assists other investigative and patrol units on complex investigations and problem-solving initiatives. One detective is assigned to the FBI’s Solano County Violent Crime Safe Streets Task Force.
Crime Scene Investigation
The CSI Unit documents and processes the scenes of major crimes for physical evidence.
Electronic Crimes Unit (ECU)
ECU collects information and data to identify crime patterns and link suspects with crimes, monitors social media for crime information, and investigates all computer crimes.
Special Operations Division
The special operations division is comprised of the following units:
Traffic Unit
The traffic unit consists of a sergeant, six motor officers, two DUI enforcement officers, and a community services officer. The t raffic unit is responsible for ensuring roadway safety by conducting traffic enforcement, DUI enforcement, and conducting major traffic collision investigations.
The Homeless Intervention Team (HIT)
One lieutenant, two police officers, a community services officer are assigned to work with the transient population in the city. HIT works closely with p ublic works’ HEART team, the City’s h omeless services division and various local and state resources.
Youth Services Unit (YSU)
YSU is made up of a sergeant, five police officers (school resource officers), and one community service officer. The school resource officers provide support and protection to the high schools and middle schools in the city. The community service officer is assigned to the Public Safety Academy. All of the officers work with juvenile offenders of low -level crimes to facilitate restorative justice and divert low - level offenders from the criminal justice system. The police activities league (PAL) is also part of YSU, and is staffed with two full-time civilian employees, providing youth programs that develop discipline, positive self-image, mutual trust, and respect.
Support Services Bureau
Administrative Services Division
The administrative services division consists of the following units:
City of Fairfield Council Handbook Dec 2024 Page 35 Training Unit
The training unit consists of a sergeant and an officer. It is responsible for coordinating all training within the department including field training of new officers and ongoing in -service training. They maintain all training records including POST requirements. Training staff also coordinate all contracts, scheduling and billing of the Art Koch Range and Training Facility.
Personnel Unit
The personnel sergeant coordinates the recruitment and hiring of all police personnel. He/ she works with Human Resources on all duty related injuries, workers’ compensation claims, and disability claims.
Professional Standards Unit (PSU)
PSU reviews and investigates citizen complaints, internal affairs complaints, and administrative inquiries within the department. The PSU Sergeant meets regularly with the Citizen’s Audit Committee to review citizen complaints. PSU also reviews all use of force reports and vehicle pursuits.
Community Engagement Division
The community engagement division is made up of the following units:
Code Enforcement Unit
Code enforcement works closely with all city departments to resolve health, safety, and public nuisance problems that adversely affect the quality of life for Fairfield residents. The unit enforces the City of Fairfield Municipal Code as it applies to property m aintenance, property nuisances, and other violations in residential and commercial districts.
Crime Prevention
Crime prevention participates in community-oriented prevention and community engagement programs such as Neighborhood Watch, Business Watch, Citizens’ Police Academy, Site Security Surveys, and National Night Out. They provide crime prevention information and training for these programs in the community. Through the police department, Fairfield apartment community property managers and owners can participate in Crime -Free Multi-housing (CFMH), a free education and certification program that has been developed to reduce crime, clean up rental properties, improve quality of life, and increase property values throughout the city.
The Volunteers in Police Services (VIPS)
VIPS program is a dedicated group who volunteer in all aspects of the department donating thousands of hours annually to the Fairfield community. The p olice explorer program is for students ages 14 to 21 to gain insight into the law enforcement profession. Explorer cadets also volunteer hundreds of hours annually. The p olice chaplain program consists of clergy who provide support to police staff, while community chaplains—consisting of clergy of various denominations and faiths —provide support to members of the community in crisis.
Records, Property and Administrative Division
The records, property, and administration division includes the following:
Records Unit
Records is the repository for all official police report information.
City of Fairfield Council Handbook Dec 2024 Page 36 Property Unit
Property is responsible for receiving, tracking, and maintaining incoming and outgoing property and evidence for the p olice department. Property staff handles over 10,000 pieces of incoming property or evidence each year.
Administration Unit
The administration unit consists of professional staff who provide administrative support for all police department functions. They handle payroll, billing, record-keeping, and a variety of other administrative tasks that keep the department running.
Dispatch Division
The dispatch bureau receives all 9-1-1 and non-emergency calls for the Fairfield Police and Fairfield Fire Departments.
City of Fairfield Council Handbook Dec 2024 Page 37 Public Works Department
The mission of the p ublic works department is to build, operate, and maintain city assets and deliver quality services in the City of Fairfield. The department is responsible for the city's infrastructure, including the design, construction, operation, and maintenance of streets, water, sewer, drainage/flood control, public buildings, parks, landscaping, fleet, traffic and open space. Additionally, the department manages transportation activities, including local fixed -route transit, paratransit, and train station maintenance services. The team comprises professionals with diverse professional and academic backgrounds, including public works administration, civil engineering, traffic engineering, water resources, fleet management, infrastructure operations and maintenance, construction management, and transportation and transit planning and operations. The department consists of six functional areas:
administration, engineering, fleet, operations, transportation, and utilities.
Administration Division
The administrative division provides the oversight to the department and includes the Office of the director. The division manages the special projects and initiatives, financial management, business information analysis and reporting, and is responsible for department wide communication.
Engineering Division
The engineering division consists of the following functions: Administration and Special Districts, Construction Management and Inspection, Traffic Engineering, Land Development Program, and Design Section.
Administration and special districts provide financial management support including annual special assessments and taxes, annual operating budgets and reserves, contract management and compliance, and grant compliance and reimbursements for capital projects.
Construction management and inspection is responsible for the contract administration of public works and private development construction projects. These services include performing field inspections of all encroachment permits, public improvements within the public right-of-way, and overseeing construction of the city’s capital improvement projects.
Traffic engineering responsibilities include developing/reviewing traffic signal timing and coordination, intelligent transportation systems, pedestrian/bicycle planning, transportation analysis and addressing traffic engineering issues.
The land development program ensures private development projects comply with applicable regulations including the Subdivision Map Act, sound engineering practices, and department standards, Director of Public Works
Administration Engineering Fleet Operations Transportation Utilities
City of Fairfield Council Handbook Dec 2024 Page 38 specifications, details, policies, and guidelines. This program also provides administration of stormwater and floodplain management program.
The design section leads the administration and implementation of the City’s Capital Improvement Program. This includes land and right -of-way acquisition, design, construction or rehabilitation of public buildings, facilities, parks, streets, transportation, water, and transit projects.
Fleet Division
The fleet management division provides complete services to the city’s entire fleet. The division is located inside the city’s Corporation Yard (420 Gregory Street) with a satellite facility at Fire Station 38 (1633 Union Avenue). The Union Avenue location services 292 public safety vehicles while the Corporation Yard location services 387 vehicles and pieces of construction related equipment. Staff assist every department and division with the purchase and budget for new and replacement vehicles, maintain the units throughout their useful life and dispose of them pe r city policy at the end of their useful life. The division also maintains fuel tank storage of over 30,000 gallons, as well as dispensing fuel at the following sites: Corporation Yard, Fire Station 35, and Fire Station 37.
Operations Division
The operations division is located at the City’s Corporation Yard (420 Gregory Lane, between West Texas Street and Woolner Avenue) and is responsible for maintaining the City’s infrastructure. This division is organized into the following functional areas: Landscape and Facilities Maintenance, Streets, Drainage and Traffic Maintenance, Water Distribution and Sewer Collection, and Building Maintenance.
Landscape and facilities maintenance is responsible for maintaining 228 acres of developed parkland (and associated playground structures), 1,400 acres of open space, 137 acres of medians, and more than 68,000 city trees. The operations division also inspects and manages Landscape Maintenance District contracted work and oversees the h omeless engagement and r esponse team (HEART), that removes debris from illegal dumping and homeless encampments.
Streets and traffic maintenance are responsible for 702 lane miles of city streets, 110 traffic signals, 412 cameras, 10,200 streetlights, 18,000 traffic signs, 6,700 drainage structures, and 205 miles of storm drain facilities.
Water distribution and sewer collection are responsible for 283 miles of sewer mains, 378 miles of water lines, 32,950 water meters; 3,370 fire hydrants, 10,150 water distribution and transmission system valves and 31,850 sewer laterals.
Building maintenance provides janitorial services and repair to 31 city-owned buildings that encompasses more than 250,000 square feet and also includes the Central Utility Plant, which consists of a cogeneration engine, heat exchanger, boiler, absorption chiller, and electric chiller.
Transportation Division
The transportation division is located at the Fairfield Transportation Center (2000 Cadenasso Drive). The Transportation Division annually receives approximately $12 million local, state and federal funding to implement public transportation/transit services and related planning, c ompliance, and marketing activities. The division, operating as FAST, oversees contractor- operated transit services Monday - Saturday to residents living within Fairfield city limits through: Five local fixed routes (Routes 1, 3, 5, 6, 7); One general public school tripper route from Cordelia Library to Green Valley Middle School and
City of Fairfield Council Handbook Dec 2024 Page 39 Rodriguez High School (Route 8T); FAST Connect on -demand microtransit available in Green Valley/Cordelia, Northeast Fairfield/Travis Air Force Base, the Fairfield Transportation Center, and the Fairfield Civic Center, and FAST Connect Americans with Disabilities Act (ADA) paratransit.
The transportation division also coordinates procurement, construction, and maintenance activities for the:
• Fairfield Transportation Center building, parking garage, and two surface lots, • Red Top Road and Oliver Road Park & Ride lots,
• Fairfield-Vacaville Hannigan Train Station, and
• FAST fixed-route, microtransit, and paratransit vehicles.
Utilities Division
The utilities division includes water treatment and solid waste activities. Water treatment and administration coordinates all of the activities that bring water to Fairfield residents and businesses. The city’s extensive water system consists of 15 treated water pump stations with a total treatment capacity of over 57 million gallons per day (mgd), 12 treated water reservoirs with a storage capacity of over 78 million gallons, and approximately 378 miles of pipelines. The water division is responsible for water quality testing and reporting, developing and implementing conservation programs, drought response management (as needed), water source acquisition, water treatment, and water supply planning and management. Fairfield has two water treatment plants:
• Waterman Water Treatment Plant located at 2900 Vista Grande completed a modernization project in July 2010 that expanded capacity of the system from 16 mgd to 30 mgd. • North Bay Regional Water Treatment Plant (NBR) , located at 5110 Waterworks Lane off of Peabody Road, is jointly owned by the City and the City of Vacaville. NBR can treat up to 40 mgd.
The City of Fairfield’s share is approximately 27 mgd.
Of note, the city has secured water rights to ensure the build -out of the city’s General Plan. In addition, the high-quality of the city’s water distinguishes Fairfield from surrounding communities and has enabled the city to attract a wide array of businesses such as Anheuser-Busch. The city continues to promote the supply and quality of its water as a means to support growth.
Solid waste activities include the administration of the city’s solid waste and recycling franchise agreement with Republic Services.
City of Fairfield Council Handbook Dec 2024 Page 40 CHAPTER 2 - GENERAL POWERS AND
RESPONSIBILITIES OF CITY COUNCIL
General Information
The City of Fairfield operates according to the council-manager form of government which vests authority in an elected city council. The council is comprised of seven members, six are elected by district on a nonpartisan basis to serve overlapping four-year terms. The mayor is elected at-large by the community.
The mayor appoints and the council confirms a vice mayor to serve a two -year term after each council election. The mayor serves as the presiding officer at council meetings and as the official head of the city for intergovernmental and ceremonial purposes. The mayor also recommends appointments to the city’s commissions, boards, and committees and the council confirms his selection. The city manager and city attorney are appointed by the city council and serve at the pleasure of that body.
Regardless of the method from which city councilmembers are elected, council serves all people of Fairfield. Governing at-large allows for the continuation of accessible customer service, the most effective use of taxpayer resources, and consistency in City services. Acting as a whole, the council is responsible for passing ordinances and resolutions necessary for governing the city, as well as setting the direction of city policy. Council works collaboratively to have a vision for the future of Fairfield and to work together toward that vision.
The city manager is responsible for the overall administration of the City. This responsibility includes implementation of the general policies set by the council in addition to the day -to-day operations of all city functions. The city manager, with the assistance of staff, provides the council with the information needed to fulfill its policymaking role.
The council-manager form of government separates legislative and executive responsibilities in a manner that provides “checks and balances” between the policy and administrative branches of government by limiting the power of each.
Council Goals
Goal setting requires time, energy, and a well- defined process. Every year, a Council Workshop is held with the city council, city manager, city attorney, and department directors in a goal setting session to review progress on goals previously set and define new goals for the City . This workshop format can change at the direction of the council. Generally, the workshop is held in early January of each year. Goal setting enables the council to:
1. Establish a basic framework for action. By setting priorities , the council defines what it wants to achieve over a given period. Otherwise, the council may find itself floating from issue to issue, crisis to crisis.
2. Spend its time wisely. By understanding what goals the council wants to accomplish, the council can wisely allocate resources to achieve those goals.
3. Provide everyone a chance to share their individual goals and priorities and then work out the differences. The council ends up with a list of goals to which everyone is committed.
4. Give the city manager clear guidelines to get the job done. It lets the city manager know exactly what the council is trying to accomplish as a group. Without clearly defined goals, the city manager may get conflicting signals and end up not meeting the agreed upon goals.
City of Fairfield Council Handbook Dec 2024 Page 41
5. Establish some important budget guidelines. Knowing what programs and issues are the highest priorities will enable staff to have a better idea of how to allocate funds when preparing the budget for council approval.
6. Utilize an evaluation tool. When goals and priorities are set, the council has valuable data in hand to determine how well the council and the city manager did in achieving the agreed upon goals and priorities.
After the council identifies goals and priorities for the upcoming fiscal year, the senior leadership team (SLT) conducts a retreat to further identify objectives and strategies for accomplishing the council goals.
The final goal document with objectives and strategi es is then presented to council for formal approval (Appendices).
The FY 2023-25 Council Priorities and Goals
are as follows and can be found on the transparency portal at https://transparency.fairfield.ca.gov:
City Council Role in a Disaster
The council has some extraordinary powers in the case of a disaster. Chapter 6 of the Fairfield Municipal Code (Appendices) define those powers.
The City’s Emergency Operations Center (EOC) is located at the Fairfield Fire Department, Fire Station 37.
The fire department manages the City of Fairfield’s Emergency Plan, which provides for the effective mobilization of all city resources. Both public and private resources are a part of this planning process.
The Emergency Operations Plan (EOP) is designed to meet the needs of any local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the emergency organization. This plan is updated and adopted by resolution of the city council on an as needed basis. The EOC is activated when required due to threat of a local emergency or once an incident has occurred. The city manager is responsible for activating the EOC. The E OP outlines the structure of the organization, location of the EOC and general guidelines regarding the City of Fairfield’s emergency management goals.
City of Fairfield Council Handbook Dec 2024 Page 42 Councilmember Appointments to Advisory Boards and Committees Councilmembers are requested to serve on various boards and committees for outside agencies.
Annually, the mayor reviews the list of current council assignments and makes recommendations for appointments. Any councilmember desiring to serve on a certain co mmittee (or desiring not to be considered) should inform the mayor. These appointments are subject to approval by the majority of the council.
When a councilmember cannot attend a meeting of a committee, they will call their alternate in advance.
Councilmembers also agree to periodically report back to the full council on their committee assignments.
Councilmembers are welcome to attend committees on which they are not the designated representative or alternate as an observer. As a courtesy, try to notify representatives, if possible. If three or more councilmembers are present at any of these meetings, the non-representative councilmembers must not participate in the meeting.
Citizen Appointments to City Commissions, Committees, and Advisory Boards The city has several committees, boards, and commissions. The following procedures reflect the policy of the council regarding the appointment of citizen volunteers to the various committees, boards, and commissions of the city.
The establishment of these procedures ensures that well -qualified, responsible, and willing citizens are given the opportunity to serve the city and participate in the governing of their community. These procedures apply to all appointments and reappointments to committees, boards, and commissions.
Qualifications: Specific qualifications for appointment of members to the various committees, boards, and commissions are set forth in resolutions that have been adopted by city council.
Appointments: Unless otherwise required by law, the mayor will make all appointments to committees, boards, and commissions, based upon recommendations received from the c ouncil Appointments Committee and subject to approval by the council unless otherwise specifically provided by statute.
Terms: Each advisory board has specific terms, usually four years per term. At the expiration of the term, the incumbent must reapply for appointment and compete with other interested candidates for the board position.
The following is a summary of the specific scope of responsibility for each committee, board, or commission.
Community Development Block Grant (CDBG) Advisory Committee The CDBG Advisory Committee shall participate in community meetings and public hearings during the development of the Consolidated Plan, review all applications for CDBG funding, receive testimony from applicants, attend public hearings regarding the Annual Action Plan (AAP) and funding allocations, make annual allocation recommendations to the council following strategies developed in the Consolidated Plan, participate in the development of Substantial Amendments to the Consolidated Plan or the AAP, and re view the Consolidated Annual Performance and Evaluation Report (CAPER) detailing the C ity’s progress towards accomplishing the goals set forth in the Consolidated Plan.
City of Fairfield Council Handbook Dec 2024 Page 43 Golf Advisory Board
The Golf Advisory Board advises in the promotion and development of golf for all ages in the community at Paradise Valley and Rancho Solano golf courses.
Housing Authority Board of Commissioners
The Housing Authority Board of Commissioners consists of all members of the city council.
Councilmembers who attend a Housing Authority Board Meeting receive $35 at each meeting. These meetings are held concurrently with the council meetings.
Measure P Committee
The Measure P Oversight Committee reviews the use of revenues collected pursuant to Ordinance No. 2012-12 and reviews the annual audit of the sales tax revenues collected. The committee holds quarterly meetings. These meetings are open to the public and oc cur on the fourth floor of city hall or other designated places. Measure P provides much -needed revenues to stabilize city finances and address community needs.
Planning Commission
The planning commission (PC) initiates the preparation of general plans, specific plans, zoning amendments, programs and legislation to implement the planning and zoning power of the city and advises the council of matters relating to planning. The PC also hears and decides on the applications for the following, as authorized by the zoning ordinance or referred by the d irector of c ommunity and economic development:
• Use Permit
• Variance
• Minor Discretionary Approval
• Minor Development Approval
• Development Review
• Tentative Subdivision Map
In addition to initiating the preparation of various plans, the PC serves as the advisory agency for the review and approval of zoning amendments, general plan or specific plan amendments and development agreements, and acts as the board of appeals to hear and decide each appeal on a decision or determination made by planning staff, the zoning administrator or director of community and economic development, in the administration and enforcement of the zoning regulations.
The PC acts as an advisor to the council on matters concerning the physical development of the city.
Commission members are appointed for four-year terms by the council. The PC is aided in its work by the department of c ommunity and economic development, which acts in an advisory capacity to the Commission. The director of community and economic development serves as secretary to the PC. The Commission meets regularly on the second and fourth Wednesdays of each month at 6 p.m. in the Council Chamber.
Rockville Hills Regional Park Citizen Advisory Committee The Rockville Hills Regional Park Citizen Advisory Committee provides the City feedback and input regarding major decisions affecting the Rockville Hills Regional Park. The five committee members must live in Solano County, three of which must live in the City of Fairfield. The committee meets as needed
City of Fairfield Council Handbook Dec 2024 Page 44 and reviews all management plans or governing ordinances based on improvements planned for the park by the city.
Youth Commission
The Youth Commission (YC) was established in 1996 to create opportunities for youth input and involvement in local government. It is made up of 15 Fairfield residents ages 12 to 21 who are appointed by the mayor and the council. In addition, the YC may also choose to host and sponsor recreation and community events, champion specific causes and review city policies related to youth. The YC meets on the first and third Mondays of each month in the Fairfield City Council Chamber at 7 p.m.
Landscape Oversight Committee
The Landscape Oversight Committee (LOC) was established in 2023 by Resolution 2023 -26. The Committee provides fiscal oversight and reviews the Public Works Department’s landscaping management throughout the city. A primary focus of the LOC will be to improve the effectiveness, transparency, and financial oversight of the 16 landscape, lighting, and maintenance Districts. The LOC will review and provide management oversight of the annual budgets, projected expenditures, and assessment levels.
Poet Laureate
The City of Fairfield’s Poet Laureate is a voluntary post where a selected person serve s a two-year term as a public advocate for the appreciation and advancement of the literary arts. The poet laureate is called upon to create and read poetry at civic events such as public ceremonies and dedications. This person will act as a resource on the topic of poetry, should the City or c ouncil need that expertise. This person will also have the opportunity to conduct poetry workshops or staged readings.
City of Fairfield Council Handbook Dec 2024 Page 45 CHAPTER 3 - CITY COUNCIL MEETINGS
Open Meeting Laws (The “Brown Act”)
The entire city organization conducts its business in compliance with the Ralph M. Brown Act, Government Code Section 54950 (the “Brown Act”). The Brown Act provides rules and regulations to ensure that the actions of legislative bodies are conducted openly, with the opportunity for the public to provide input on decision-making activities. This law is an important part of local government operations, some specific requirements of the law are highlighted below for information and future reference. A compre hensive guide to the Brown Act is available in the Appendices.
Applicability and Penalties:
The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (Cal. Gov. Code Section 54959). In addition, violations are subject to civil action (Cal. Gov.
Code Section 54960). The provisions that most directly affect the council are summarized in this chapter.
1. Applicability: The Act applies to council and all commissions, boards and task forces that advise council. Staff cannot promote actions which would violate the Act.
2. Meetings: All meetings shall be open and public. A city council meeting takes place whenever a quorum (4 or more members) is present and information about the business of the body is received. Discussions qualify as a meeting. Social functions (e.g., receptions, dinners) do not fall under the Act unless city business is conducted.
3. Agendas: Agendas for regular meetings must be posted at least 72 hours in advance of the meeting.
Agendas must specify the time and location of the meeting and briefly describe each item of business to be discussed.
4. Actions: The general rule is that no action can be taken on any item not appearing on the posted agenda. However, there are three exceptions to that rule:
a. An emergency situation exists consisting of a crippling disaster, terrorist attack, work stoppage or other activity that severely impairs public health or safety as determined by a majority vote of the council.
b. An urgency situation exists, in that the need to take action arose subsequent to the agenda being posted and there is a need for immediate action prior to the next council meeting (determined by a separate motion and 2/3 vote of the council, or if less than 2/3 are present, by unanimous vote).
c. The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda.
5. Public Input: The public, by law, has an opportunity to address the council on any item of interest to the public that is within the jurisdiction of the council, at the time the matter is heard. The mayor has the right to establish a time limit on speakers and the total time allocated for a particular issue.
Three minutes per speaker is the normal time period, but in special cases, shorter or longer time periods may be allowed.
City of Fairfield Council Handbook Dec 2024 Page 46
6. Public Disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting “unfeasible”. The press may remain unless they participate in the disruption.
7. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records.
8. Special Meetings: Special meetings may be called by the mayor or a majority of the council with strict notification requirements for delivery to the media and Council at least 24 hours before the time of the meeting.
9. Emergency Meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters, terrorist acts or other activity that impairs the public health and/or safety qualify for emergency meetings. Notice must be given by telephone at least one hour in advance of the meeting to all media that have requested notice of special meetings.
10. Other Provisions: The Act provides many other restrictions and requirements; this chapter is intended merely as a council summary and overview of the Act, and nothing in this chapter supersedes the provisions of the Brown Act. Please check with the city attorney if you ha ve any questions about Brown Act requirements.
Council Rules of Procedure
The effective operation of democratic institutions requires that public officials enjoy the trust and confidence of the individuals and businesses they serve. Accordingly, the following procedures are designed to:
1. Encourage the highest standards of behavior, going beyond the requirements of the law;
2. Promote and maintain public trust and confidence;
3. Provide an ongoing source of guidance to members of the council in their day -to-day service to Fairfield;
4. Provide a seamless integration process for new members to the council.
See Chapter 11 for the current City Council Code of Conduct.
I. PURPOSE
These Council Rules of Procedure assist the council to conduct its business in an orderly, efficient, professional, and lawful manner.
Ground Rules and Principles for Councilmember Conduct at Council Meetings or Study Sessions
ACTIONS TO PRACTICE
• Recognize that a council election district is not a political subdivision; the m ayor and each councilmember is obligated by the municipal code and the oath they take to represent the entire city and all its citizens. To that end, regardless of how we are each elected or where we reside in
City of Fairfield Council Handbook Dec 2024 Page 47 Fairfield, we are committed to making the best decisions, recognizing that we are all desirous of good outcomes for the city and its stakeholders.
• Everyone has the right to be heard respectfully.
• Be careful how you say what you say and be aware of physical clues and body language. • Avoid being too thin-skinned.
• Listen fully without interrupting.
• Be open to healthy debate and discussion regarding issues before the dais, and once a decision is made by the council, agree to all work in support of that decision. • Avoid correcting others behavior in public settings, especially in two areas – relevance of comments to the topic and length of comments – this is the prerogative of the mayor/ chair of the meeting.
• Let the mayor balance the tension between moving on to get through issues; AND creating the opportunity for members to explore the issue as needed to reach a decision. • Allow the mayor to run the meeting. Councilmembers to direct their process concerns to the mayor for action.
• Avoid people moving beyond their roles or taking over the mayor’s role. • Avoid pointing out ground rules to others and overlooking ground rules when a topic is particularly important to you.
• Council agrees to have the mayor call for a recess when a situation is volatile. • At public meetings, council should praise in public and criticize in private. • Engage fully with regard to each City issue presented at council meetings, regardless of which district or districts it might be most directly impacting, and provide assistance to any an d all stakeholders, without regard to which district they might reside, but with respect and thoughtfulness to the councilmembers and residents of that district.
ACTIONS TO AVOID
• Avoid wording or phrasing that tends to “shut members down” by characterizing them personally in a negative way or characterizing their ideas in a way that becomes personal. • Avoid personal attack and language that is demeaning. • Focus on the issue, not the person. It is acceptable for the council to question issues, decisions, projects, and process but to not personalize this with regard to staff members in public session. • Avoid seeking to make the other person wrong or demeaning them. “You are wrong to believe...”.
Instead, use phrases such as “I see it differently”. “My understanding is...”
II. MEETINGS
A. Regular Meetings
The council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 6 p.m. Council frequently holds closed sessions or special meetings prior to a city council meeting so councilmembers should be available starting at 5 p.m. on the first and third Tuesday of each month.
City of Fairfield Council Handbook Dec 2024 Page 48 B. Meeting Place
The city council meets in the Harry T. Price Memorial Council Chamber located at 1000 Webster Street, Fairfield, or at such other place to which the meeting may be adjourned and as provided in Government Code §54954. In the case of an emergency or other condition rendering the Council Chamber unsafe or unsuit able for the meeting, the meeting may be held for the duration of such condition at such other place as may be designated by the presiding officer in a notice to the local media who have requested such notices in writing.
The notice will be given by the most rapid means of communication available at the time.
C. Special Meetings
1. A special meeting may be called by the mayor, by the presiding officer in the absence of the mayor, or by a majority of the council.
2. A special meeting shall be held at the place specified in the notice and as provided in Government Code §54954.
D. Business at a special meeting shall be limited to the items specified in the special meeting notice.
E. Study Session
The purpose of study sessions is to educate and inform the council on focused city issues and to encourage councilmembers to ask wide-ranging questions. Agenda reports are typically executive summaries unless a detailed report is requested by council. The primary purpose of the study session is to allow the council to come together to discuss city issues among themselves.
There are two kinds of study sessions:
o The first creates a chance for councilmembers to interact and have expanded dialog with each other. Brief or no staff presentation is shared. This format allows open, free - wheeling discussion and enables councilmembers to ask questions among themselves.
Councilmembers commit to coming to this type of study session prepared. o The second provides an opportunity to educate constituents on an issue. The staff typically presents an extended presentation for this study session. One example of this format is the budget presentation. Budget study sessions will be televised on Channel 26 and streamed on the web. Another example of this format would be updates on long- term and ongoing city projects.
F. A standing study session is scheduled for the second Tuesday of each month and councilmembers should be available starting at 6 p.m. The study session will be cancelled if there is no topic to review. Adjourned Meetings
The council may adjourn any regular, special, adjourned regular, or adjourned special meeting to a time and place specified in the order of adjournment. A copy of the order of adjournment must be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held within 24 hours after the time of the adjournment.
City of Fairfield Council Handbook Dec 2024 Page 49 G. Quorum
1. Except where otherwise provided by law, four councilmembers, present and qualified to act, shall be a quorum for the transaction of business at council meetings.
2. In the absence of a quorum, a lesser number may adjourn the meeting or postpone any business to a later time, provided that 30 minutes shall have elapsed after the hour set for such meeting.
3. In the absence of any councilmember present and qualified to act, the clerk will adjourn the meeting to a stated day and hour and personally serve each councilmember with a notice of the time of such adjourned meeting.
H. Meetings Open to Public
1. All regular, special meetings, and study sessions of the council must be public, provided that the council may hold a closed session as provided by law during any regular, special, adjourned regular, or adjourned special meeting, from which the public is excluded.
2. No member of the council, employee of the city, or any other person present during a closed session shall disclose to any person the content or substance of any discussion which took place during the closed session unless disclosure is authorized by a majo rity vote of the council.
I. Attendance at Meetings
If any councilmember cannot attend a meeting, he or she shall notify the city manager as soon as possible, but in no event later than noon on the meeting day.
III. NOTICES OF SPECIAL MEETINGS
A. Mail and Posting
1. Notice of a special meeting must be given by the clerk at least 24 hours before the time of the meeting by delivering written notice either personally, by email, or by mail to each member of the council at his or her usual place of residence, or email addr ess, and to each local newspaper of general circulation, radio, and television station requesting special meeting notice in writing.
2. The notice shall be posted at least 24 hours before the meeting at the locations specified by resolution of the city council.
B. Contents of Notice
1. The notice will specify the time and place of the special meeting and the business to be transacted. The notice shall also state that members of the public will have an opportunity to directly address the city council concerning any item on the agenda before or during consideration of that item.
IV. THE AGENDA
A. Agenda and Background Information
1. Preparing Agenda
City of Fairfield Council Handbook Dec 2024 Page 50 For all regular and special meetings, the city manager consults with the mayor and prepares an agenda setting forth the time and place of the meeting and a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.
2. Review Process for Putting Agenda Together as It Relates to Position of Items As best as possible, c ontroversial issues will be placed early in the evening to provide quicker opportunity for public participation . There is always flexibility on moving the order of items within the council agenda , even up to and including at the start of a meeting with concurrence of a majority of the council members present at a meeting .
The goal is to hear items that the highest public interest first.
3. Process for Adding or Removing an Item on the Council Agenda If a councilmember wishes to add an item to the agenda of an upcoming council meeting, the member needs to go to the mayor to seek his/her concurrence for it to be added. If the mayor does not agree to add an item, then, at the next regular council meeting, the councilmember can bring up the request and seek one other councilmember to agree. If a second member agrees, then the item will be listed on the agenda for a future council meeting.
If a councilmember wishes to remove an item from the agenda prior to the agenda being finalized, the member needs to go to the mayor to seek his/her concurrence for it to be removed. If the mayor, after consultation with the city manager, does not agree t o remove the item on the city council agenda, then, at the next regular council meeting, the councilmember can request that the item be removed from the agenda or continued to a future meeting. If three other members of the council agree with the request, the agenda item will be removed or continued.
4. Recognition and Presentations
Presentations are agendized with the concurrence of the city manager or mayor. There is not a firm rule that covers all situations, the mayor and city manager will use their best judgment on scheduling presentations and recognitions. Time limits shall not exceed 10 minutes and should be made clear to all parties for presentations prior to the council meeting.
Presentations may be extended by special circumstances as needed at the discretion of the city manager or mayor.
V. THE PRESIDING OFFICER
A. Mayor Duties and Succession
The mayor is elected at- large by the community. The mayor presides and preserves order at all regular and special meetings of the council. The mayor decides all questions of order, subject however, to advice and direction from the council. In the absence of the mayor, the vice-mayor is the presiding officer. In the absence of both, the most senior councilmember presides at the meeting.
City of Fairfield Council Handbook Dec 2024 Page 51 B. Presiding Officer – Rights
The mayor or other presiding officer may move an item for a vote, or second a motion , and has the right to debate a subject only to such limitations of debate as are imposed on all members .
The presiding officer may not be deprived of any of the rights or privileges of a councilmember by reason of his or her occupying the chair as presiding officer.
VI. ORDER OF BUSINESS
A. Regular Meeting
The order of business of all regular meetings of the council is as follows:
1. Call to Order at 6 p.m.
2. Roll Call
3. Invocation
4. Pledge of Allegiance
5. City Council Reports
6. City Manager Report
7. City Attorney Report
8. City Clerk Report
9. Presentations
10. Public Comments
11. Consent Calendar
12. New Business
13. Public Hearings
The order of business may be changed any time by a majority vote of the council.
B. Closed Session
Closed session meetings are generally held prior to regular meetings at 5 p.m.
C. Consent Calendar
Any non-hearing item may be placed on a consent calendar and enacted by one motion. There will be no separate discussion of these items unless a member of the council or a member of the public so requests. If such a request is made, the item will be removed from the consent calendar and considered in the normal sequence on the agenda.
VII. CONDUCT OF BUSINESS
A. Session
The mayor or other presiding officer takes the chair at the hour scheduled for the meeting and immediately calls the council to order.
B. Roll Call
Before proceeding with the business of the council, the roll of the members is called by the clerk, and the names of those present are entered in the minutes.
City of Fairfield Council Handbook Dec 2024 Page 52 C. Minutes-Preparation-Distribution
The minutes of the council are kept by the clerk and filed online, with a record of each particular type of business transacted; provided, that the clerk is required to make a record only of such business as was actually passed upon by a vote of the council, and is not required to record any remarks of councilmembers or of any other person except at the request of a member of the council. The minutes further record the names of persons addressing the council, the title of the subject matter to which their remarks related, and the item number, or if they spoke during public comment.
D. Minutes-Approval-Reading
The clerk places the minutes on the consent calendar for approval by the council. The minutes are not posted online until approved by the council
E. Standards of Decorum
Under the Brown Act, the c ouncil may not prohibit public criticism of the policies, procedures, programs, or services of the City or the conduct or actions of the council.
However, members of the public are not allowed to disrupt the orderly conduct of c ouncil meetings. Any person who disrupts a c ouncil meeting may be removed from the Council Chamber by order of the mayor.
F. Manner of Addressing Council
1. Each person addressing the c ouncil will be asked to give his or her name and city of residence in an audible tone of voice for the record. All remarks are to be addressed to the council as a body and not to any individual member, or to staff, or to the public.
No person, other than a member of the council, the city manager or the city attorney, and the person having the floor, is permitted to enter into any discussion without the permission of the presiding officer.
2. For items not on the agenda and for non -hearing items on the agenda the person addressing the c ouncil is limited to three minutes, unless the time is extended or shortened by the presiding officer.
3. For hearing items on the agenda, public comments are typically limited to three minutes. However, the presiding officer may impose reasonable time limits on any member of the public addressing the council, including applicants, proponents and opponents, when the presiding officer determines the limits are necessary for the orderly conduct of the hearing.
4. Whenever any group of persons wishes to address the c ouncil on the same subject matter, it is proper for the presiding officer to request that a spokesperson be chosen by the group to address the council and, in case additional matters are to be presented at the time by any member of the group, to limit the number of persons addressing the council, so as to avoid unnecessary repetition.
G. Procedure for Public Hearing
The order of conducting a public hearing by the council shall be as follows:
a. Presiding officer announces the item and opens the public hearing;
City of Fairfield Council Handbook Dec 2024 Page 53 b. Staff report;
c. Questions of staff for clarification by councilmembers; d. Statement by proponents;.
e. Questions of proponents or staff by councilmembers;
f. Statements by public; the presiding officer may request those speaking in favor of the item to speak first, followed by those opposed;
g. Questions of public or staff by councilmembers;
h. Response by proponents;
i. Response by staff;
j. Final questions by councilmembers to staff, proponents, or public; k. Presiding officer closes public hearing or asks for motion to close the public hearing; l. Council discussion; and
m. Council action on item.
H. Motions
The making and handling of motions are governed by the presiding officer.
I. Non-Agenda Items
1. No action or discussion may be taken on any item not appearing on the posted agenda, except as provided below:
a. Councilmembers may briefly respond to statements made or questions posed by members of the public addressing the council on any item not on the agenda. b. Councilmembers may, on their own initiative or in response to questions posed by a member of the public, ask a question for clarification, provide a reference to staff or other resources for factual information, or request that any matter be placed on a future agenda. c. The council may take action to direct staff to report back to the council at a subsequent meeting on any matter.
2. The council may add to the posted agenda, and take action on any item of business under the conditions stated below:
a. Upon a determination by a majority vote of the council that an emergency situation exists. “Emergency situation” means a crippling disaster, terrorist act, work stoppage, or other activity that severely impairs public health or safety. b. Upon a determination by a two-thirds vote of the council, or, if less than two-thirds of the members are present, by a unanimous vote of those present, that there is a need to take immediate action before the next meeting and that the need for action came to the attention of the city after the agenda was posted.
City of Fairfield Council Handbook Dec 2024 Page 54 c. The item was on the agenda for a prior meeting of the council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
VIII. VOTING
A. Majority Vote
1. Except where otherwise required by law, all motions by the council are carried by a majority vote of all members who are present, qualified to act, and who cast either a “yes” or “no” vote, provided that a quorum is present. Silence is deemed to be a “yes” vote.
2. In the event of a tie vote, the motion fails.
B. Abstention
An abstention will be recorded when a member, although qualified to vote on a motion, votes neither “yes” nor “no,” and instead states “abstain.”
C. Same - Majority Vote
An abstention is not considered for purposes of determining a majority vote. For purposes of determining whether a sufficient number of councilmembers are present to act on an item of business; however, the abstaining member is counted as present. For exam ple, where seven councilmembers are present and qualified to vote, a vote on a motion of three (3) in favor, one (1) opposed, and three (3) abstain would be a majority vote. Likewise, where four councilmembers are present and qualified to vote, a vote on a motion of two (2) in favor and two (2) abstain would be a majority vote.
D. Conflict of Interest
No councilmember may make, participate in making, or in any way attempt to use his or her official position to influence a decision on any issue when prohibited from doing so by law.
E. Same - Member Considered Absent
A councilmember disqualified from participation because of paragraph D, above, is not considered present at the meeting for the item(s) of business on which such member is disqualified.
F. Same - Conduct During Consideration of Item
At the time the presiding officer calls an item from which a councilmember is disqualified from participation under paragraph D, above, the disqualified councilmember must announce the fact and the reason he or she is disqualified for the record and thereafter recuse themselves, refraining from any participation as a councilmember in the discussion and action on the item. In addition, unless the item is on the consent calendar, the councilmember must step down from the council dais and leave the Council Chamber for the entire time that the item is being considered by the council.
City of Fairfield Council Handbook Dec 2024 Page 55 IX. CLOSED SESSIONS
A. Closed Sessions Authorized
The council may meet in closed session for the following purposes and as authorized by law:
1. License or permit determination pursuant to Government Code §54956.7;
2. Conference with real property negotiators pursuant to Government Code §54956.8;
3. Conference with legal counsel regarding existing or anticipated litigation pursuant to Government Code §54956.9;
4. Liability claims discussion or action pursuant to Government Code §54956.95;
5. Matters involving threat to public services pursuant to Government Code §54957;
6. Matters involving personnel pursuant to Government Code §54957;
7. Conference with labor negotiator pursuant to Government Code §54957.6; and
8. Matters involving multi- jurisdictional drug law enforcement agency pursuant to Government Code §54957.8.
B. Agenda Requirements
Closed sessions shall be described on the agenda of the meeting for which they are scheduled as specified in Government Code §54954.5.
C. Reporting After Closed Session
The council is required to publicly report certain final actions taken in closed session in the manner required by the Brown Act. The city attorney will advise the mayor and council when a public report is required and what should be disclosed. Generally, the city attorney will make the report orally at the beginning of the council’s public agenda.
D. Disclosure of Confidential Information is Prohibited The Brown Act at Government Code Section 54963 prohibits any councilmember or staff member attending a closed session from disclosing any confidential information received in the closed session to a person not entitled to receive it.
X. DISTRIBUTION OF MATERIALS
A. City Council Meetings
Agendas and other writings distributed by any person to all or a majority of the council for discussion or consideration at a public meeting must be made available for inspection and copying as public records (unless otherwise confidential). Writings prepared by staff or by a member of the council which are distributed during a pu blic meeting also must be available for public inspection at the meeting. If prepared by some other person, the writings may be made available for public inspection after the meeting.
B. Documents Approved in Closed Session
Copies of contracts, settlement agreements, or other documents that are finally approved or adopted in closed session must be provided to any person who has submitted a request for such to the council within 24 hours of the posting of the agenda listing the closed session, or to any person who has made a standard request for all documentation as part of a request for notice of meetings, if the requester is present at the time the closed session ends. If the action taken results in substantial revisions to the documents, the documents do not have to be released until retyping
City of Fairfield Council Handbook Dec 2024 Page 56 is completed. Upon request, the presiding officer is required to orally summarize the substance of the amendments if requested at the end of the closed session. The closed session documents must be made available to any person on the next business day foll owing the closed session or, where substantial revisions are necessary, when the revisions are completed.
Tips for Broadcast & Playback at Council Meetings
The Council Chamber is equipped with various cameras and a powered audio system to record the meetings at optimal levels for broadcast and playback. There are microphones at every position at the council dais, presentation podium, and public comment podium. When participating in a meeting, please keep the following in mind:
• The camera may capture you even when you are not speaking. Do not make faces or gestures you do not want seen.
• Even though you can hear people without a microphone and vice versa, the volume level is not adequate for broadcast and playback. You must use a microphone to speak. • Turn the microphone on when you want to talk and keep about 5 inches between it and your mouth. Speaking directly into the microphone may cause distortion. • The microphone is directional, so it must be pointed at your mouth. If you are facing away from the microphone and talking, it will not detect your voice. • Turn the microphone on/off by pressing the base when you start and stop talking. A green light indicates the microphone is on. Always ensure the green light is off when you have finished speaking, during recess, and after the meeting. Never say things near a microphone that you do not want heard.
• All public speakers should come forward to the podium microphone. Do not allow people to speak from the audience as they will not be heard during the broadcast or playback.
Teleconference Tips for Council Meetings
• If your camera is on, keep personal items out of your backdrop/camera view. You may request a City of Fairfield backdrop to use.
• When positioning the camera, frame yourself towards the top of the screen so that your lower third/title graphic won’t block your face.
• Everyone on Zoom can see and hear you. Do not make faces or gestures you do not want seen or say things you do not want heard.
• Do not unmute yourself unless you are speaking and mute yourself once you have finished speaking.
• When using the chat feature, remember that everyone on the teleconference will see your chat unless you select a specific participant to send it to.
City of Fairfield Council Handbook Dec 2024 Page 57
CHAPTER 4 - CONFLICTS AND LIABILITY
Introduction
This Chapter covers conflicts of interest and liability concerns during your duties as a City Councilmember.
This Chapter is meant to give you a broad overview of some of the more important issues related to conflicts of interest and liability. However, this chapter is not intended to cover all areas of the law, nor is this Chapter necessarily updated as the laws are changed. For a comprehensive review of conflict -of- interest laws, please refer to the website for the Fair Political Practices Committee (FPPC).
Additionally, any information that is out of date or incorrect in this chapter does not give a Councilmember a defense to violat e any law. When in doubt, seek the advice of the City Attorney, your own private attorney, or seek an advice letter from the FPPC.
For more information visit
https://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics- training.html
Conflict of Interest
State laws are in place to eliminate any action by a councilmember which may reflect a conflict of interest.
Such laws and regulations aim to ensure that all actions are taken in the public interest. Newly elected officials are required to file a Statement of Economic Interests (Form 700) within 30 days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. The city clerk will notify you of your filing requirements. Note: Councilmembers may also serve on various joint power agencies or regional boards and should verify their filing requirements with each of those agencies.
If a member believes the potential for conflict of interest exists, they are encouraged to consult with the city attorney or private legal counsel for advice. Staff may also request an opinion from the city attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated and violations may result in significant penalties, including criminal prosecution.
This chapter provides a general summary of conflict rules and not a comprehensive explanation of this complex area of law.
There are laws that govern conflicts of interest for public officials in California, including the Political Reform Act (commencing at Government Code Section 81000) and Government Code Section 1090. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from being financially interested in government contracts.
Political Reform Act
The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify him or herself from acting on or participating in the decision before the City.
City of Fairfield Council Handbook Dec 2024 Page 58 An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally,” on a financial interest of the official or a member of the official’s immediate family.
Determining whether a councilmember has a financial interest is complex and fact specific. Financial interests include interests in businesses worth $2,000 or more, interests in real property, both ownership and leases, worth $2,000 or more, and gifts of $ 470 or more provided to or received within one year of the decision. These dollar amounts are subject to annual increases. Please check with the city attorney to verify the current dollar amount.
The California Political Reform Act and the regulations administered by the FPPC provide that councilmembers may not participate in certain governmental decisions if they, their spouse, or dependent children may have a financial interest in the outcome of the decision, whether positive or negative. If applicable, the councilmember is disqualified from making, participating in making or using his or her official position to influence the making of the decision at any stage of the decision-making process.
Real property interests of the councilmember, their spouse, or dependent children often affect participation by councilmembers. A councilmember is considered to have interest in real property if you, your spouse or dependent children have a direct or indirect equity, option or leasehold interest of $2,000 or more in a parcel of real property (e.g., ownership, mortgages, deeds of trust, option to buy, joint tenancies, and partnerships) and any part of that property is located in the city or within two miles of the city boundaries.
If that real property is the direct subject of a proceeding in the city, it is generally presumed you have a disqualifying interest and you must not participate in any manner regarding the pending matter. For example, the FPPC regulations expressly provide that if your property is involved in City related zoning, annexations, sale, lease, actual or permitted use of, or taxes or fees imposed on the property or major redevelopment decisions, among other things, you will be presumed to be disqualified.
You can also be disqualified if your real property is not the subject of a city matter but any part of it is within 500 feet of other real property which is the subject of a city proceeding or action. In such cases you will be presumed to have a disqualifying direct interest in the outcome unless you can demonstrate that the outcome will not have a financial impact on you, your spouse, or dependent children. The Department of Community Development will assist you in identifying all your real property interests and the 500-foot radius. You also may have a disqualifying financial interest even if your property is located more than 500 feet from the proposed project if there are specific circumstances involving the project that make it reasonably foreseeable that the project would affect the market value of your property.
If you think you may have a disqualifying real property interest (or any other financial interest) in a matter coming before or pending in the city, there are a series of checklists and rules to review to determine whether you can participate or not. Pleas e contact the city attorney at the earliest possible time to get assistance.
Government Code 87105 states that a Council or commission member who has a conflict of interest must now recuse himself or herself and leave the room, unless the matter is on the consent calendar. You must take the following steps after you have determined that a conflict of interest exists under the Political Reform Act:
City of Fairfield Council Handbook Dec 2024 Page 59 • Publicly identify the financial interest . This must be done in enough detail for the public to understand the financial interest that creates the conflict of interest. Residential street addresses do not have to be disclosed.
• Recuse yourself from both the discussion and the vote on the matter. You must recuse yourself from all proceedings related to the matter.
• Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote or any other action.
Exception: If the matter is on the consent calendar, you do not have to leave the room.
Exception: If you wish to speak during public comment regarding your personal interests, you may do so as a private citizen, but this is the only time when you may be in the room while the matter is considered.
The Fair Political Practices Commission (FPPC) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also publishes informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest. You also may request a written advice letter from the FPPC on whether you have a prohibited conflict of interest on a particular matter. The city attorney can assist you in formulating the request. Only a written advice letter from the FPPC will immunize you from a future prosecution. Advice from the city attorney does not protect you from prosecution under the Political Reform Act if a court disagrees with the city attorney’s conclusions.
Government Code Section 1090
Government Code §1090 is similar to the Political Reform Act, but applies only to city contracts in which a public official has a financial interest. The financial interests covered by §1090 are different from those in the Political Reform Act. The regulations of the FPPC do not apply to Section 1090 and a violation of Section 1090 can occur even if the Political Reform Act is not violated. Having an interest in a contract may preclude the city from entering the contract. In addition, the penalties for violating §1090 are severe.
A violation is a felony and bars the local official from ever holding public office again. If a councilmember believes that they may have any financial interest in a contract that will be before the council, the member should immediately seek advice from the city attorney.
There are a number of other restrictions placed on council actions that may result in personal liability for individual councilmembers. The following describe the other laws councilmembers are subject to – additional ethics training is available through ICMA and Cal Cities throughout the year.
Ex Parte Communications
Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum – with residents and interested parties; however, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official or other officials in order to obtain a more favored treatment or special consideration to advance personal or private interests. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests.
Councilmembers who have ex parte communication with a party that has an application or other matter before them at the meeting, should disclose that they had ex parte communication with the party. This
City of Fairfield Council Handbook Dec 2024 Page 60 can be done by stating that the councilmember had ex parte communication with a party at a time in the meeting when the item is discussed.
Any written ex parte communication received by an official in matters involving a noticed public hearing where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
Transportation Pass Restriction
Councilmembers should be aware that acceptance of free passes for public transportation will cause a forfeiture of office under the California Constitution (Art. 12.6) Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. For example, those involved in automobile accidents sometimes choose to take actions against a city since the accident occurred on a city roadway. The City must always approach its responsibilities in a manner which reduces risk to all involved; however, with such a wide variety of high- profile services (e.g., police, fire), risk cannot be eliminated. The City belongs to the California Joint Powers Risk Management Authority to pool our resources to manage insurance and risk activities.
It is important to note that violations of certain laws and regulations by individual members of the city council may result in that member being personally liable for damages which would not be covered by the city’s insurance or the Government Code requir ement that the city defend its officers in litigation arising from the performance of their duties. Examples may include discrimination, sexual harassment, or fraud.
Code of Ethics Policy
Councilmembers should become familiar with the City’s Code of Ethics for City Employees Policy and policy regarding city -owned property for political activities. The Code of Ethics Policy is attached in the Appendices.
AB 1234 – Ethics Training for Public Officials
Assembly Bill 1234 was signed into law and went into effect on January 1, 2006. This State law requires city councilmembers (those who receive compensation for their service or are eligible to have their expenses reimbursed) to receive two hours of ethics training every two years. Newly seated officials must receive this training within 12 months of taking their positions. The original certificate of completion of this training must be filed with the city clerk by that deadline.
This training covers subjects such as personal financial gain, personal advantages and perks, government transparency, fair process, and when to seek advice from agency counsel. The training will cover in detail the laws that are briefly presented in this chapter.
Public Records Request
The California Public Records Act (the PRA) was enacted in 1968 to:
1. Safeguard the accountability of government to the public;
2. Promote maximum disclosure of the conduct of governmental operations; and
City of Fairfield Council Handbook Dec 2024 Page 61
3. Explicitly acknowledge the principle that secrecy is antithetical to a democratic system of “government of the people, by the people, and for the people.” The PRA is an indispensable component of California’s commitment to open government and expressly provides that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” The PRA provides for two types of access, a right to inspect public records and a right to prompt availability of copies of those records.
The PRA defines “public records” as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” R ecords subject to the PRA include records in any media, including electronic media, in which government agencies may possess records. Overall, the PRA is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed. The PRA does not provide for creation/preparation of a record or document that does not exist at the time of the request.
In responding to a public records request, the City has 10 days to respond to the request, either providing the information, or may provide a detailed explanation as to what information may be released or what cannot because it is protected by law. The 10 day period is not a legal deadline for producing records, rather it is a time frame which allows the agency to review records to determine if the records being sought are legally allowed to be released or whether they are exempt. As soon as a determination is made, the request will receive a response as to the status, cost, and/or time frame as some records may need to be released incrementally due to size and extent.
The League of California Cities has created a thorough online guide to the PRA, The People's Business: A
Guide to the California Public Records Act.
City of Fairfield Council Handbook Dec 2024 Page 62 CHAPTER 5 - SUPPORT PROVIDED TO CITY
COUNCIL
Staff/Clerical Support
General staff and administrative support to members of the city council is provided through the City Clerk’s Office and City Manager’s Office. Administrative services including scheduling of appointments, receiving telephone messages, and word processing are available as needed and coordinated through the City Manager’s Executive Office Manager. Sensitivity to the workload of support staff members in the City Clerk’s Office and City Manager’s Office is appreciated. When coordinating meeting schedules and conference travels with support staff, a timely response to e-mails and phone calls is appreciated.
All other inquiries that may arise, should be directed to the city manager. The city manager is responsible for ensuring that these requests are addressed by the appropriate staff.
Councilmember Inquiries and Staff Resources
The following ranking prioritizes how staff will address councilmembers inquiries before requiring council concurrence to pursue further.
Ranking of priorities:
1. Constituent: Priority to get an answer right away.
2. Small/simple question: OK to go ahead (city manager and city attorney to alert council if it will take a significant amount of work).
3. Significant body of work: If significant work is involved (two or more hours) there must be two (2) votes to place it on the agenda for discussion and four (4) votes to approve the work to be done.
On occasions when a councilmember asks for information or research that costs a significant amount of money or takes a great deal of staff time (two or more hours), the city manager will first give the councilmember a brief summary reply of the issue and let the council know that any further information would likely take significant amounts of time, resources, and dollars and will need to be brought to the council as a whole. The council agreed to support the city manager in making these decisions and to review the effectiveness of this agreement and process periodically.
When a councilmember does need to talk to a staff member to answer questions or provide information that does not require significant amounts of research the council understands that they will direct this question or concern to the department head or city manager first. Councilmembers understand that staff members need not interrupt their normal duties to respond to council requests unless the councilmember indicates it is an emergency.
It is further agreed that information requested by one councilmember that is reasonably considered to be of interest to the entire council will be shared with all councilmembers.
Email/Voicemail
Councilmembers will be offered the use of a city email and voicemail account.
City of Fairfield Council Handbook Dec 2024 Page 63 These technologies facilitate efficient communication by councilmembers. However, their use also raises important legal issues to which councilmembers must pay special attention. First, the Brown Act prohibits members from using “technological devices” to communicate with a majority of the council to discuss, deliberate or take action on any item of business within the subject matter jurisdiction of the council. “Technological devices” under the Brown Act include , but not limited to, telephones, faxes, e-mail, text messages, public access cable TV, video, smart devices, and social media. Councilmembers should not use email, faxes or telephones for communicating with other councilmembers in order to develop a majority position on any particular issue that may come before the full council.
Second, councilmembers should be aware that emails and text messages sent by councilmembers are public records under the Public Records Act. Even if an email is not printed, the information in the email is stored on the computer network until deleted and m ay continue to exist on the network’s back -up systems even after being deleted. As a result, emails and text messages can become records of the city maintained in the course of business, and thus available for public disclosure under the Public Records Act. The city’s E-mail Use Policy is located in Chapter 11.
Mail/Deliveries
Members of the city council receive a large volume of mail and other materials from the public, private interests, and staff. The city clerk maintains a file for each councilmember on the fourth floor of City Hall and mail should be picked up on a regular basis.
Meeting Rooms
There is a shared city council office and conference room available in the city manager’s office for shared use by members of the city council. The conference room is equipped with a telephone, computer with a large screen, and printer for shared council use . Councilmembers are free to use the office on a drop -in basis and may also request a specific reservation through the executive office manager in the City Manager’s Office.
Meeting Request, Invitations
City council members receive many meeting requests and invitations to special events. The city manager’s office executive office manager serves as a liaison for meeting requests and invitations. Invitations to city council members will be distributed as they are received and in the weekly update to council. Council members are asked to RSVP by contacting the executive office manager.
Travel
The city manager’s office is responsible for making all council- related travel arrangements. Council is provided approved per diem costs for meals and incidentals. Councilmembers receive an auto allowance.
City Supported Councilmember Town Halls and Roundtables Community engagement is an important role of the council – an ongoing understanding of the needs of the citizens of Fairfield is prudent in serving as a legislator and ambassador for Fairfield. Councilmembers have the responsibility to consistently work and vote for the betterment of the community as a whole.
Town halls and councilmember hosted roundtables on Channel 26 are two common forms of community engagement which require considerable staff support. Please refer to Chapter 11, Policies, for m ore details.
City of Fairfield Council Handbook Dec 2024 Page 64 CHAPTER 6 - INTERACTION WITH CITY
STAFF/OFFICIALS
Overview
Professional staff implements City Council policies; therefore, all parties must understand the relationship between the council and staff to implement policies and programs successfully. The City of Fairfield has a long tradition of positive relationships between council members and staff. To maintain these effective relationships, it is important that roles are clearly recognized.
Relationship of city council and staff
It is important to follow the chain of command. Councilmembers should work through the city manager and city attorney for requests. Council is welcome to have contact with any city employee, but requests for information should go through the city manager and/or executive management team.
Council agrees to stay within the chain of command. All councilmembers are free to speak with anyone within the organization as long as they are not directing them. Councilmembers should be aware that staff aim to please and any conversations about preferences of an individual councilmember may be perceived as direction to staff. Keep the city manager informed of contacts made to prevent confusion. Any concerns by a member of the council regarding the behavior or work of a City employee should be directed to the city manager privately to ensure the concern is resolved.
Council/City Manager Relationship
The employment relationship between the council and city manager recognizes the fact that the city manager is the chief executive officer of the City. This means the council should direct the city manager to execute policy, and then the city manager should delegate tasks to staff to execute policy. It is inappropriate for councilmembers to directly delegate tasks to staff. Regular communication between the city council and city manager is important in maintaining open communications. All dealings with the city manager, whether in public or private, should respect the authority of the city manager in administrative matters.
The full council retains the power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, departmental priorities, and the performance of city business.
Should a councilmember become dissatisfied about a department, he or she should always discuss it with the city manager, not the department head. Concerns about the department head must be taken to the city manager only. Individuals are encouraged to initiate resolution of problems as soon as possible.
The council should evaluate the city manager on a regular basis (at least annually) to ensure that both the council and city manager are in agreement about performance and goals based on mutual trust and common objectives. Evaluations should utilize a written feedback form which both the city manager and council agree to prior to the evaluation period.
City Manager-Council Briefings
As in any professional relationship, it is important that the city manager keep the council informed. The city manager respects and is sensitive to the political responsibility of the council and acknowledges that the final responsibility for establishing the policy direction of the city is held by the council.
City of Fairfield Council Handbook Dec 2024 Page 65 The city manager holds regular briefings with individual councilmembers to discuss City initiatives, emerging issues, and topics of council interest. In addition, the city manager may conduct 3-3-2 briefings which prevents a quorum from occurring but allows councilmembers to learn about and discuss city projects prior to a council meeting
Communication is undertaken in such a way that all councilmembers are treated similarly and kept equally informed. It is equally important that the council provide ongoing feedback, information and perceptions to the city manager.
Staff roles
City staff serves the council as a whole, with the primary function being to execute council policy and actions taken by the council, and to keep the council informed. Through the direction of the city manager, staff is obligated to take guidance and direction only from the council as a whole. Staff is directed to reject any attempts by individual members of the council to direct or otherwise pressure them into making, changing or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests made by individual councilmembers for information or assistance, provided that, in the judgment of the city manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full city council. When preparing for council meetings, councilmembers should direct questions ahead of time to the City Manager so that staff can provide the desired information at the council meeting.
It is recognized that many councilmembers have personal friendships with city staff. While this is not prohibited, it is important that councilmembers recognize they are in a position of power and personal friendships between staff and elected officials could cause conflicts of interest. Councilmembers shall not use their friendships or confidential information obtained while serving on c ouncil to derive unfair advantages for themselves or others.
City Manager Code of Ethics
The city manager is subject to a professional code of ethics from his or her professional association. These standards appear in the Appendices of this manual. It should be noted that this code binds the city manager to certain practices that are designed to ensure actions are in support of the city’s best interests.
Violations of such standards can result in censure by the professional association.
City Council/City Attorney Relationship
The city attorney is the legal advisor for the council, city manager, and department heads. The general legal responsibilities of the city attorney are to:
1. Provide legal assistance necessary for formulation and implementation of policies and projects.
2. Represent the city’s interests, as determined by the council, in litigation, administrative hearings, negotiations, and similar proceedings.
3. Prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared.
4. Keep council and staff apprised of court rulings and legislation affecting the legal interests of the city.
City of Fairfield Council Handbook Dec 2024 Page 66 It is important to note that the city attorney does not represent individual members of council, but the council as a whole. Thus, information a councilmember shares with the city attorney may be disclosed to the entire council. Any requests for significant research or the preparation of documents should be requested by the whole council and not individual councilmembers.
Access to Information and Communications Flow
It is the responsibility of staff to ensure councilmembers’ access to information from the city and to ensure such information is communicated completely and with candor to those making the request. However, councilmembers must avoid intrusion into those areas that are the responsibility of staff. Individual councilmembers may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the city council as a whole. This is necessary to protect staff from undue influence and pressure from individual councilmembers, and to allow staff to execute priorities given by management and the council as a whole without fear of reprisal.
Placing Articles on Controversial Issues o n Channel 26 and the City Website
Channel 26 is the City of Fairfield’s government access channel. The programming is bound by the guidelines and restrictions identified in City of Fairfield’s Administrative Policy ( please refer to Chapter 11). All articles published on the city website or topics broadcast on Channel 26 are to be impartial. Any placement of a political issue requires a council decision. If the political piece is approved, staff will produce the content without city council inpu t. Prior to posting any political content, the city attorney’s office will review for compliance with state law.
Councilmembers Receiving Same Information
All councilmembers will receive the same information.
Access to Information
Individual councilmembers, as well as the council as a whole, are generally permitted access to any information requested of staff and shall receive the full cooperation and candor of staff in providing any requested information. Appropriate personnel will pass critical information to all councilmembers. The city manager or appropriate staff will always inform the council when a critical or unusual event occurs about which the public would be concerned.
There are limited restrictions when staff cannot provide information. There are legal restrictions on the city’s ability to release certain personnel information, even to councilmembers. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the council. Any concerns a councilmember may have regarding the release of information, or the refusal of staff to release information, should be discussed with the city atto rney for clarification.
Councilmembers have a responsibility in this information flow as well. It is critical to make extensive use of staff and commission reports and commission minutes. Councilmembers should come to meetings prepared – having read the council agenda packet materials and supporting documents, as well as any
City of Fairfield Council Handbook Dec 2024 Page 67 additional information or memoranda provided on city projects or evolving issues. Additional information may be requested from staff, if necessary.
Dissemination of Information
In cases where a staff response to an individual councilmember request involves written materials, the city manager will provide copies of the material to all other councilmembers.
Staff Relationship with Advisory Bodies
Staff provides support and assistance to committees, boards, and commissions, but advisory bodies do not have supervisory authority over city employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors, the city manager, and the council.
Staff support includes the preparation of an agenda and reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person will serve as a clerk, taking minutes as needed.
Council Relationship with Advisory Bodies
The council has determined that councilmembers should not lobby commissioners for particular votes.
However, councilmembers may request that commissioners consider certain issues during their deliberations.
Restrictions on Political Involvement by Staff
Local governments are non -partisan entities. Professional staff, as reflected within the principles of the council-city manager form of government, formulate recommendations in compliance with council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fundraisers, or other means.
By working for the city, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement.
Generally, employees have no restrictions while off the job. However, no participation in campaigns or other activities may take place while on the job. No city resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaign or other activities while in a city uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is prohibited. Please be mindful of branding items as well, such as city pins, lany ards, access cards, and backgrounds with the city’s logos.
City of Fairfield Council Handbook Dec 2024 Page 68 CHAPTER 7 - COMMUNICATIONS
Overview
Councilmembers regularly communicate with the public to hear community concerns, opinions, and needs. Since the city council performs as a body (acting on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the council .
Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
Once the council has taken a position on an issue, all official City correspondence regarding that issue will reflect the council’s adopted position. If a member of the council appears before another governmental agency organization to give a statement on an issue affecting the City, the councilmember should indicate the majority position and opinion of the council.
When council has not taken a position on an issue, neither the mayor nor any member of the council will speak on behalf of the council. In these situations, the mayor or councilmember will use a phrase like, “Council has not taken an official position. Personally, this is what I think...”.
Correspondence from Councilmembers
Councilmembers will often be called upon to write letters to citizens, businesses, or other public agencies.
These communications fall into two categories, either the communication is from the council, or the councilmember will be writing simply as an individual member of the council.
Communication from City Council
Typically, the mayor will be charged with transmitting the city’s position on policy matters to outside agencies on behalf of the council. City letterhead is available for this purpose and staff will assist in the preparation of such correspondence. After the council has taken a position on an issue, official correspondence should reflect this position.
Communication as an Individual Councilmember
City letterhead is available for individual councilmembers upon request, but use of city letterhead is limited to actions within your official title of councilmember. City letterhead is not allowed to be used for personal use or interests outside the scope of your duties as an elected official.
On occasion, members may wish to transmit correspondence on an issue upon which the council has yet to take a position or about an issue for which the council has no position. In these circumstances, members should clearly indicate within their letters that they are not speaking for the council as a whole, but for themselves as one member of council.
While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, city letterhead and staff support should not be utilized. Importantly, City stationery and staff may not be used for solicitation of campaign contributions, to advocate positions on local ballot measures, or for personal business not related to the City. No councilmember shall use stationery for mass mailings.
City of Fairfield Council Handbook Dec 2024 Page 69 Councilmembers are often asked to prepare letters of recommendation for students and others seeking employment or appointment. It is appropriate for individual councilmembers to utilize city letterhead and their council titles for such letters. No review by the full council is required.
Speaking for the City
Similar to written correspondence, when members are requested to speak to groups or are asked the council’s position on an issue, the response should reflect the council’s position as a whole. Of course, a member may clarify their vote on a matter by stating, “While I voted against X, the city council voted in support of it.”
When representing the city at meetings or other venues, it is important that those in attendance gain an understanding of the council’s position rather than that of an individual member.
Proclamations
Ceremonial proclamations are often requested of the city in recognition of an event or individual.
Proclamations are not statements of policy, but a ceremonial document to honor, celebrate, or create awareness of an event or significant issue. The mayor is charged with administration of proclamations.
Individual councilmembers do not issue proclamations.
Proclamations will not be issued for:
• For-profit businesses, as an advertisement or commercial promotion • Matters not within the subject matter jurisdiction of the City • Events or organizations with no direct relationship to the City of Fairfield • Campaigns or events contrary to city policies
Proclamation requests will be denied for the purpose of:
• Family Reunion
• Class Reunion
• Retirement Ceremonies
• Pastoral, Church, and Wedding Anniversaries
• Birthday Celebrations
• Conferences
• Deceased individuals
• Organizations of other cities that have no locally-based chapters or specific connection to the City of Fairfield
Guidelines
• The City reserves the right to modify or deny any proclamation request. • All requests will be reviewed on a case-by-case basis. • One proclamation annually per topic and/or organization. • More than one cause can be proclaimed simultaneously. • An organization does not have exclusive rights to the day, week, or month of its proclamation.
City of Fairfield Council Handbook Dec 2024 Page 70 • Proclamations must affect a broad group of people. We will not issue proclamations for individuals. For individuals, depending on the occasion or event, either a Certificate of recognition or congratulatory letter may be provided.
• Request must be made by a City of Fairfield resident or employee or a nonprofit organization or another public agency providing services in the City.
• Requests should be made at least 3 weeks (15 business days) in advance of the date the document is needed.
For information on how to make a proclamation request, please refer members to www.fairfield.ca.gov/proclamation. All questions may be directed to the City Clerk's Office, at 707-428- 7400.
Keys to the City
Keys to the City are given at the Mayor’s discretion. Individual councilmembers do not issue Keys to the City.
Certificates of Recognition
The mayor and each councilmember can issue certificates of recognition. Please notify the City Manager of specific requests.
Certificates will not be issued for:
• For-profit businesses, as an advertisement or commercial promotion • Matters not within the subject matter jurisdiction of the City • Events or organizations with no direct relationship to the City of Fairfield • Campaigns or events contrary to city policies
Certificate request examples include and are not limited to:
• Girl Scouts/Eagle Scouts
• Retirement Ceremonies
• Birthday Celebrations (e.g. historic, Centenarian milestone) • Pastoral, Church, and Wedding Anniversaries
Commemoration (e.g. street naming)
Please see Chapter 11 for the current Commemoration policy.
Press and News Media Relations
The mayor serves as the general spokesperson for the city representing the elected body and may have routine contacts with media regarding city business. When appropriate, the mayor will work with the City’s communication manager and staff to develop talking points for media and public addresses.
Occasionally, councilmembers may receive inquiries from the media. Councilmembers who prefer not to respond should direct media inquiries to the communications manager in the c ity manager’s office. A councilmember who does grant an interview, should not go “off the record” and discuss confidential or
City of Fairfield Council Handbook Dec 2024 Page 71 unreportable information. Prior to interviewing or immediately after, a courtesy notice to the communication manager is appreciated. The communication manager is also available as a resource for preparing talking points and media training.
City of Fairfield Council Handbook Dec 2024 Page 72 CHAPTER 8 - FINANCIAL MATTERS
Council Compensation
State law and the City Municipal Code provide for compensation to members of the city council. Effective December 2022, city councilmembers receive a salary of $1,300 per month and the mayor receives a salary of $1,560 per month. A seated city council may not increase its own salary. Councils may only pass an ordinance to raise the salary of an incoming city council. State law limits (SB 329) an increase in council salaries to 5% per year.
Many councilmembers serve on special boards, commissions, and committees which may compensate participants at varying rates. Appointments to paid and unpaid boards, commissions, and committees is at the discretion of the mayor and are typically selected at the City Council Retreat each year. Council also serves as the city’s Housing Authority; when a joint meeting of the City Council and Housing Authority is convened, councilmembers receive an additional compensation of $35 for attending.
In addition to a monthly salary, councilmembers participate in the City’s medical insurance and life insurance plans as well as the California Public Employees’ Retirement System (CalPERS). Councilmembers also receive an auto allowance of $150 per month and the mayor receives an auto allowance of $300 per month.
Allowable Expenditures
The city budget includes funds for councilmembers to undertake official city business. Eligible expenses include membership in professional associations, attendance at city events, conferences or educational seminars, and the purchase of publications and annual subscriptions. In addition, travel expenses related to city business, including meals, are included for councilmembers.
Expenditure Guidelines
It is very important to note that any expense must be related to city affairs. Public property and funds may not be used for any private or personal purposes. Courts have ruled that this prohibition includes personal political purposes. For example, the city cannot reimburse a councilmember for meals at a meeting designed to discuss political or campaign strategies.
Councilmembers are issued an IMPAC (Cal-Card) for business use. Receipts and invoices for charges made on Cal-Cards must be kept for submission at the end of the month to reconcile with the bank statement.
Councilmembers can work with the city manager’s office to complete necessary forms to submit to the finance department.
Meals should not be charged to Cal-Cards as they are reimbursed through the travel authorization form.
Allowable charges are outlined in in the Administrative Policy and the Travel and Business Expense policy.
City of Fairfield Council Handbook Dec 2024 Page 73 CHAPTER 9 - ADDITIONAL TRAINING AND
RESOURCE MATERIALS
Institute for Local Government (ILG)
ILG empowers local government leaders and delivers real-world expertise to help them navigate complex issues, increase capacity, and build trust in communities. ILG’s effectiveness in promoting good government at the local level is greatly enhanced by its close working relationship with the associations that represent counties, cities, and special districts. ILG has a website at www.ca-ilg.org International City/County Management Association (ICMA) The International City/County Management Association (ICMA) is a professional association of local government chief executives. The association has an extensive list of publications to assist local officials including the ICMA Elected Officials Handbook series which is a great resource for councilmembers.
Publications have also been developed on every basic city service. ICMA has a website at www.icma.org .
League of California Cities (Cal Cities)
Cal Cities is an association of cities in California founded in 1898 . It provides many levels of service including the production of educational conferences for local officials, and publication of various newsletters and a monthly magazine Western City. Each year representatives from the City of Fairfield attends Cal Cities signature events including their annual Leaders Summit and Annual Conference.
Cal Cities also has lobbyists on staff who represent the interest of cities before the state legislature and federal government. Committees having local officials as members are also organized around the interests of city departments (e.g., city council, city manager, city clerk, fire, police) to address issues as they arise.
Cal Cities has a website at www.calcities.org
.
Local Government Commission
The Local Government Commission (LGC) is a California- based organization which is focused largely on planning and resource conservation issues. It conducts workshops, offers periodic seminars, and publishes several newsletters. The LGC has a website at https://www.lgc.org
Additional Reference Materials
Other reference materials which may be of interest are on file with the City Clerk or may be accessed at the links below:
The Brown Act - Open Meetings for Local Legislative Bodies https://www.cacities.org/brownact
California Government Codes
https://leginfo.legislature.ca.gov
City of Fairfield Municipal Code
www.codepublishing.com/ca/fairfield
The Political Reform Act
http://www.fppc.ca.gov/the-law/politicalreformact
City of Fairfield Council Handbook Dec 2024 Page 74 CHAPTER 10 - LEAVING OFFICE
Filling Council Vacancies
Generally, if a vacancy occurs on the city council during a member’s term (e.g., resignation) the council may appoint an individual to serve the remaining term or call for a special election.
Conflicts of Interest When Leaving Office
Prior to leaving government office or employment, the Political Reform Act prohibits all public officials from making, participating in the making or using their official position to influence the making of government decisions directly relating to any person with whom they are negotiating, or have any arrangement, concerning prospective employment. (Gov. Code 87407.) This requirement was amended in 2003 to include government officials as well as State officials.
A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held a position with a local government agency shall not, for a period of one year after leaving that office or employment, act as agent or attorney for any other person by making any formal or informal appearance before or by making any oral or written communication to that local government agency, or any committee, subcommittee, or present member, officer, or employee of that local government agency, if the appearance or the communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant or contract, or the sale of purchase of goods or property. (Gov. Code 87406.3(a).) This prohibition will not apply if the former official is an officer or employee of, an appearing on behalf of, another public agency. (Gov. Code 87406.3(b).)
City of Fairfield Council Handbook Dec 2024 Page 75 CHAPTER 11 - Policies
Council’s Code of Conduct
The Council’s Code of Conduct can be referenced at:
https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?id=75317&dbid=0&repo=SharedDocs&cr=1
City of Fairfield Council Handbook Dec 2024 Page 76
City of Fairfield Council Handbook Dec 2024 Page 77
City of Fairfield Council Handbook Dec 2024 Page 78
City of Fairfield Council Handbook Dec 2024 Page 79
City of Fairfield Council Handbook Dec 2024 Page 80
City of Fairfield Council Handbook Dec 2024 Page 81 City of Fairfield Code of Ethics
City of Fairfield Council Handbook Dec 2024 Page 82
City of Fairfield Council Handbook Dec 2024 Page 83 Flag Policy
The United States of America flag will be properly respected and always maintained at any City facility. When other flags are flown from the same halyard, the U.S. flag should always be at its peak. No flag may fly above or to the right of the U.S. flag.
The Flag Policy can be referenced at:
https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?id=85342&dbid=0&repo=SharedDocs
City of Fairfield Council Handbook Dec 2024 Page 84
City of Fairfield Council Handbook Dec 2024 Page 85
Commemorative Naming: Naming City Facilities, Donations, Sponsorships, and Capital Campaigns
This policy describes various processes, criteria, prohibitions, and other similar factors for naming of City facilities, accepting donations, allowing sponsorship opportunities, and establishing capital campaigns.
Previously known as Naming/Renaming City Streets
The Fairfield City Council adopted the current policy now known as, Naming City Facilities, Donations, Sponsorships, and Capital Campaigns, on October 1, 2019. The previous internal policy, No. 100-24, Naming/Renaming City Streets and Facilities was administratively cancelled.
Several key components of the policy are as follows:
• Only new facilities or additions to facilities are eligible for naming. Facilities include all City owned infrastructure such as streets , parks, and buildings. Once named, no City facility shall be renamed. Only the City Council can name a facility.
• The City may accept donations of tangible objects or financial contributions that will lead to the acquisition of tangible objects, if, after a review of listed criteria, it is determined to be
City of Fairfield Council Handbook Dec 2024 Page 86 beneficial for the City. This section is likely to be most typically used for benches or trees, often in memory of a donor’s loved one. However, it contemplates other donations. City staff will conduct a review of the proposed donation and the City Manager, at his or her discretion, will make a final determination of whether or not to accept. Alternatively, the City Manager may ask the council to determine acceptability of a donation, generally in an unforeseen, but highly unique or controversial situation.
• Sponsorships that benefit City programs are allowed and will be customized in each situation.
This might be for something such as a special event, a new scholarship, or other similar nontangible program. Sponsors and City staff will mutually develop a written agreement about the level of sponsorship and the benefit afforded to the sponsor ranging from a sponsor's name on event materials to a logo on a banner or other similar publicity. No n aming rights for City facilities will be derived from sponsorships.
• Capital campaigns to help build or expand City facilities or outfit City facilities are also contemplated under this policy. Any n aming opportunities of City facilities arising from a capital campaign will be at the City Council's sole discretion in accordance with the naming portion of the policy.
• There are limitations throughout the policy on what entities the City will consider working with for any of the policy elements. As an example, donations, sponsorships, and capital funds will not be accepted from tobacco companies or entities actively involved in litigation with the City. • In all cases the City retains the right to determine signage or other similar recognition for any components in the policy.
City Special Events Policy
The City emphasizes equitable distribution of resources and programming to ensure fair access to public facilities and services. To mitigate impacts of various sponsorship requests, the City evaluates and approves event sponsorship requests transparently to ensure balance between specific community needs and essential city goods and services.
On January 21, 2014, the City Council adopted Ordinance No. 2013-25 amending the municipal code to include Chapter 12A Special Events. This specific ordinance provides a comprehensive scheme to regulate special events in the City.
The following resolutions were passed formalizing Council-approved lists:
Resolution 2024-13
Resolution 2023-47
Resolution 2022-237
Resolution 2022-65
To provide the council with the opportunity to modify the list of Special Events, staff proposes an annual comprehensive schedule for the council’s review and approval.
The list distinguishes Signature events from Sponsored events. Signature events are organized, hosted, and run entirely by the City. Sponsored events are organized, hosted, and run entirely by an outside entity or by an outside entity with City partnership.
City of Fairfield Council Handbook Dec 2024 Page 87
Both approved Signature and Sponsored events will require the event organizer to submit a complete application in compliance with Municipal Code Section 12A.6. Signature and Sponsored events are not exempt from other legal or regulatory requirements, including but not limited to other required permits from City departments.
Sponsored Events
Sponsored events are organized, hosted, and run entirely by an outside entity with some City assistance.
The City routinely receives requests regarding various activities or to waive Special Event permit fees and /or rental fees for the use of City facilities. Examples of these activities include public music performances, art exhibitions, cultural, service club, sporting and school events.
The City distinguishes between Minor and Major events depending on event scope and city-wide impacts to public safety and traffic:
-MINOR EVENT (a special event with at least 75, but fewer than 350 attendees) Minor Events with the furnishing or sale of alcohol shall be considered a Major Event -MAJOR EVENT (a special event with at least 350 attendees) Although the City recognizes the value of partnering with local organizations and the benefits for city - wide impact for the community, the City will continue to uphold its fiscal responsibilities when considering levels of support and fee waivers.
The City Manager (or assigned designee) will review status of events and notify organizers/requestors of final approval or denial for the event. If requirements in the application are not satisfied no later than 30- days prior to event execution, the City reserves the right to cancel the event.
Regardless of event type, the council may designate additional City -sponsored events by resolution adopted no later than 90 days prior to the event.
Completed applications must be submitted at least 90 -days prior for Major events and 60 -days prior for Minor Events via the Special Event Permit Application
.
Please refer to application procedures on the City’s website at:
https://www.fairfield.ca.gov/government/city-departments/community-development/special-events- information
Application link:
https://www.fairfield.ca.gov/home/showpublisheddocument/11210/638574050031400000 ALL of the following criteria must be demonstrated by the applicant:
• Consistent with the City's economic, social, or recreational goals • Free and open to the public, unless otherwise authorized by the City Council (or its designee) • Community pride and involvement
• Not have a religious or political purpose
• Must be a 501c3 non-profit entity
City of Fairfield Council Handbook Dec 2024 Page 88 Fee waivers or reduction for any of the following may apply:
• Special Event Permit
• Facility Rental Fee
• Encroachment Permit
• Street Closure and/or Traffic Control Plan
• Waste Management Services
City support does not include the following:
• Day-of Event Staffing Costs
• Inspector Staff Time
• Refundable Security Deposit
• Outdoor use of any city equipment
• Insurance
Ad Hoc Events/Projects
City councilmembers can propose projects of interest that require staff support. City council should implement a transparent evaluation process and engage in thorough and careful consideration of the impacts of a proposed project on planned projects for the City.
By following the guidelines below, the City can ensure that councilmember projects receive appropriate support while maintaining operational efficiency, fairness in resource allocation, and ensure fiscal responsibility/stewardship.
Criteria for Councilmember Projects
Project Alignment
• The project must align with the city's strategic goals and priorities and consider impacts to existing plans, programs and projects.
• It should address a demonstrated community need or benefit.
Resource Availability
• Staff support will be allocated based on current workload and available resources. Projects requiring substantial staff time allocation must be weighed against reductions in other priority areas.
Funding
• The project must have a clear funding source identified and determine specific allocations or limits for discretionary projects.
• Unfunded mandates or projects relying solely on future budget allocations will not be supported. • Projects requiring financial resources that are not planned in the budget must identify reductions in services to offset estimated costs.
Feasibility
• Project proposals will be vetted by relevant city departments and staff to assess technical feasibility and alignment with existing initiatives.
• Projects deemed impractical or outside the city's jurisdiction will not receive support.
City of Fairfield Council Handbook Dec 2024 Page 89 Cost-Benefit Analysis
• The councilmember must provide analysis of the potential benefit(s) of the project relative to its costs.
Equity considerations
• Ensure projects benefit underserved areas or address community needs equitably in line with City Priorities and Goals.
Long-term impact
• Consider the long-term sustainability and maintenance costs of projects, not just immediate benefits. • Projects that create ongoing obligations must identify sustainable methods of financial support to not further distress critical service delivery.
Approval Process
• Council members must submit a formal project proposal to the City Manager. • The City Manager will evaluate proposals based on the above criteria. • Projects meeting the criteria will be presented to the full Council for approval.
Limitations
• Each council member is limited to one project per fiscal year. • Total staff hours dedicated to projects cannot exceed a two hours of overall staff capacity, unless project or service reductions are identified elsewhere to create the needed capacity.
Additional projects can have significant impacts on a city's overall budget and ability to deliver on core services. Specific projects can also significantly influence community perceptions of city governance when resources are stretched, causing mediocre service delivery in other areas. Please consider the following before making promises or commitments to constituents:
1. Resource allocation : Additional pop-up projects often divert funds and staff time from other critical areas of priority, leading to an imbalance in resource distribution. This can potentially lead to neglect of essential services or infrastructure needs. This can also lead to public perception that city officials are prioritizing personal interests and diverting funds and staff time over more critical areas of essential services or infrastructure needs.
2. Opportunity costs/Equity c onsiderations: Funds allocated to additional projects may prevent investment in other areas that could potentially yield greater benefits for the city. Projects that focus on underserved areas or address community needs equitably can improve perceptions of government fairness. Conversely, projects that appear to benefit only certain groups may reinforce negative perceptions of inequitable distribution of city resources.
3. Accountability issues and waste: Projects require thorough vetting and public discussion to ensure they align with broader city priorities and budget constraints. Without instituting additional oversight and documentation, project funding may be misused or inefficiently spent. The proc ess of selecting and funding additional projects is often not conducted via open access, making it difficult for residents to understand how decisions are made. This lack of transparency can erode trust in local governme nt. The implementation and outcomes of projects can significantly impact public trust. Successful projects may enhance perceptions of effective governance, while poorly executed or wasteful projects can damage credibility.
City of Fairfield Council Handbook Dec 2024 Page 90
4. Political influence: Projects may appear tied to a specific councilmember or district, which can lead to uneven distribution of resources based on political interest rather than citywide priorities.
To maximize positive perceptions and maintain trust in local government, the City will ensure projects are selected transparently, align with broader city priorities, and demonstrably benefit the community.
Councilmember Hosted Roundtables for Channel 26
The following are guidelines on council hosted town halls and roundtables to ensure equitable access to staff resources for each councilmember interested in hosting these forms of community engagement.
Roundtable discussions are an opportunity for councilmembers to host a televised 30-to-60-minute discussion focusing on the topic of their choosing with selected guests. These recorded roundtables will air on Channel 26 and be shared on the City’s social media accounts including YouTube. Programming for Channel 26 is bound by the guidelines and restriction identified in the City’s Admin Policy (excerpt located in Chapter 11, Policies).
To ensure equitable use of Channel 26 and to prevent the misuse of public funds, requests for roundtable discussions must be coordinated through the c ity manager’s office and the following guidelines will pertain to roundtables:
• Roundtable discussions must focus on topics that are within the City’s responsibility. Topics cannot include school district or county concerns that the City does not directly control.
Participation by any employees of the City is subject to city manager approval. • Requests for Roundtable discussions must be submitted at least fifteen (15) business days prior to the date of the recording to ensure sufficient interdisciplinary staff time to coordinate, prepare and schedule for the event and for MOD to plan production and editing a final product. • Once recorded, roundtable discussions will air within fifteen (15) business days of the original recording and will re-air up to two (2) times within 60 days of the original recording date. • Roundtable discussions recorded for the purposes of Channel 26 are considered the intellectual property of the City and the City owns all copyrights.
Councilmember Hosted Town Halls
Town hall meetings are one of many tools available for councilmembers to serve the greater community and make informed policy decisions. Town hall meetings are intended to be informal meetings between a councilmember and members of the community of Fairfield, providing interested community members an opportunity to discuss emerging issues and voice concerns, opinions, and preferences. It is not the purpose of town hall meetings to take action on any matter under consideration by the City or City Council.
A town hall is considered any event on City property, or using City resources when requested by a councilmember, to conduct outreach to the community to provide information and/or solicit information and opinions regarding specific topics affecting the community. Town hall formats include virtual and in- person events using City resources. The following guidelines are intended to ensure adequate staff and city resources are available for each town hall:
• Town hall meetings can focus on a specific topic or serve as a general listening session for the councilmember; however, town hall meetings must focus on issues within the City’s scope of responsibility. (e.g. Disaster Preparedness, Public Safety, Quality of Life, Listening Tours or high - profile issues)
City of Fairfield Council Handbook Dec 2024 Page 91 • Town Hall Meetings must be requested and approved at least ten (10) business days prior to the date of the event and should not conflict with any previously scheduled City sponsored event. • City staff will support the promotion of town hall meetings including the development of press releases, social media, and other standard outreach practices for City events. Final authority of the level of support allocated for the promotion of town hall m eetings will be subject to the discretion of the city manager or his/her designee.
• If a t own hall meeting is hosted in the Council Chambers, c ouncilmembers have the option to request the town hall meeting be aired on City of Fairfield’s government access channel, Channel 26, pending staff availability and approval by the city manager’s office. o Recorded Town Hall Meetings will be aired on Channel 26 within five (5) business days of the original event date and aired up to two (2) additional times within 30 days of the original event date.
• A quorum of councilmembers shall not attend any single town hall meeting. Attendance of a town hall meeting by councilmembers shall be coordinated through the city manager’s office to prevent any Brown Act violations.
Town halls do not include the following:
• A meeting arranged by a councilmember held off City property and not using any City resources. • A meeting originating from someone other than a councilmember including but not limited to a resident, business, or City staff.
• Community clean-ups.
• A meeting arranged by a councilmember held on City property but not using any City resources and reserved and paid for by a councilmember using non-public funds.
No more than two town hall meetings will take place in a month to ensure adequate staff resources and reserved and paid for by a councilmember using non-public funds.
Use of Public Funds for Councilmember Hosted Events (Election and Campaign aspects) Council hosted town halls and council roundtables on Channel 26 which utilize City resources including property, staff time, or funds is considered a use of public funds and are subject to FPPC rules and regulations and all other applicable laws including California Penal Code 424. To prevent the misuse of public funds, the following limitations apply to council hosted engagement events supported by City resources:
• There will be a moratorium on all councilmember hosted events including roundtables and town halls supported by City resources beginning on the day the filing period for city council elections opens, until the day after the election.
o Should a councilmember file papers to run for office in a non -city election (i.e. county supervisor or state assemblymember) prior to the City election filing period, that councilmember would not be able to host a city supported community engagement event during the duration of their campaign.
• During an election year, no town hall or roundtable discussion recording will be aired on Channel 26 beginning on the first day of the candidacy filing period through the day after the Election. • Channel 26 recordings of council hosted town halls and roundtables shall not be used in any part of an election campaign.
City of Fairfield Council Handbook Dec 2024 Page 92 It is the responsibility of the hosting councilmember to ensure that town halls, roundtable discussions, and other community engagement events which use City resources comply with FPPC rules and regulations and all other applicable laws including California Penal Code 424. Misuse of public funds is a felony and is punishable by imprisonment in state prison for up to four (4) years and disqualification from holding any public office. Councilmembers are solely responsible for complying with all California law s, and the City of Fairfield, City staff, and the City Attorney are not liable should a councilmember knowingly or unknowingly misuse public funds.
City of Fairfield Council Handbook Dec 2024 Page 93 Channel 26 Programming Policy
City of Fairfield Council Handbook Dec 2024 Page 94 E-Mail Use Policy
City of Fairfield Council Handbook Dec 2024 Page 95
City of Fairfield Council Handbook Dec 2024 Page 96
City of Fairfield Council Handbook Dec 2024 Page 97
City of Fairfield Council Handbook Dec 2024 Page 98
City of Fairfield Council Handbook Dec 2024 Page 99
City of Fairfield Council Handbook Dec 2024 Page 100 Purchase of Meals, Refreshments, and Other Discretionary Purchases
City of Fairfield Council Handbook Dec 2024 Page 101
City of Fairfield Council Handbook Dec 2024 Page 102 Travel and Business Expense Policy
City of Fairfield Council Handbook Dec 2024 Page 103
City of Fairfield Council Handbook Dec 2024 Page 104
City of Fairfield Council Handbook Dec 2024 Page 105
City of Fairfield Council Handbook Dec 2024 Page 106
APPENDICES
A. City Owned Parks, Facilities, and Golf Courses
B. Budget Process Overview
C. City Manager’s Employment Contract
D. Chapter 2, Article II of Fairfield Municipal Code, City Manager E. City Attorney’s Employment Contract
F. Community Resource Guide for Individuals Experiencing Homelessness G. Council Priorities and Goals
H. Chapter 6 of Fairfield Municipal Code, Disasters and Emergencies I. Cal Cities Summary of the Brown Act
J. ICMA Code of Ethics
City of Fairfield Council Handbook Dec 2024 Page 107 Appendix A: City Owned Parks, Facilities and Golf Courses For the most current information, please visit the City parks webpage at: www.fairfield.ca.gov/parks.
The map is located at: www.fairfield.ca.gov/parkmap
City of Fairfield Council Handbook Dec 2024 Page 108 Appendix B: Budget Process Overview
The primary purpose of the budget is to help make decisions about how the City will spend the financial resources at its disposal, including which programs will be funded and at what level. Another important goal is to inform the community about the City’s financial and programmatic activities. Finally, the Fairfield budget encompasses long-range planning that allows elected representatives, staff, and citizens to quickly see the long-term trends that will affect the City in future years. The City’s budget process and policies shape this comprehensive and informative document.
Financial Plan
The City adopts a two-year budget for all funds, including a five-year forecast for the General Fund, and a five-year capital improvement program. Looking out more than one year at a time is crucial to sound financial planning. Long-term forecasts show the future consequences of today’s actions, provide early warning of adverse trends, and improve financial planning and policymaking for allocating scarce budget resources. The forecast is a valuable strategic planning tool that helps decision -makers evaluate the financial outcomes of different policy choices and economic assumptions.
The growth projections used in the Financial Plan are jointly prepared by the Finance and Community Development departments. The forecast aligns with the City’s current General Plan and economic development policies. Staff uses a budget forecasting model to generate future revenue and expenditure forecasts consistently for all funds, and accounts for all inter-fund transfers and loans. The projections in the Financial Plan are subject to change based on economic conditions, future service level changes, and mandates of other governments. However, this is not a static plan. During the year, Finance continues to update the budget forecasting model based on actual experience and the latest available information on economic and local growth trends.
Council Budget Policies
The Financial Plan is shaped by various budget and financial policies formally adopted by the City Council.
These include the budget process, minimum reserve and staffing level targets, policies for the management of investments, debt, utility rates, emplo yee compensation, information technology, and principles for developing budget reductions. The text of all policies has been updated and is proposed for adoption as part of this year’s budget resolution package.
The Budget Process
The city operates on a fiscal year basis that begins on July 1 of each year and ends the following year on June 30. The City Manager’s Office and Finance Department manage the budget process, with support from each of the operating departments. The preparation of the budget takes place between January and June, culminating with the adoption of a two-year budget by the City Council, with Council adopting any adjustments before the beginning of the second fiscal year as part of a mid-cycle review performed by staff.
The Council Retreat is held in January and sets the tone for the budget kickoff. By March , departments have completed their budgets and submitted proposed budget changes based on existing service levels,
City of Fairfield Council Handbook Dec 2024 Page 109 proposed new service levels or reductions , and program goals. Study sessions and council meetings are performed as needed to review the proposed changes and seek feedback.
Budgeted expenditures are then adopted through the passage of a resolution. The budget represents the maximum authorized expenditures for the year and cannot legally be exceeded except by subsequent amendments of the budget by council. Any amendments to the total level of net appropriations for a fund must be approved by c ouncil. Capital project appropriations shall remain in effect until the project is completed or until modified in a subsequently adopted budget.
The budget is shaped by various budget and financial policies formally adopted by council. These include minimum reserve levels, policies for management of investments, debt, and information technology.
Budget Control
Once the budget is approved, revenue and expense information is available in the City’s accounting system, which provides on-line access for up-to-date financial information.
Operating budgets are controlled at the departmental level, and line-item comparisons are available for internal budget monitoring. The c ity manager or designee may transfer appropriations among departments (including a city -wide contingency account), while c ouncil approval is required for any increase in net appropriations.
Project budgets are adopted for capital project funds, and these budgets can span a number of years.
Subsequent council approval is required for capital project costs increases in excess of any preapproved budget, including contingency budget. Bids and contracts over $100,000 require council approval.
Debt service budgets are established when the debt issuance is authorized by co uncil.
Basis of Accounting
Expenditures are controlled at the fund level for all budgeted departments within the city, the level at which expenditures may not legally exceed appropriations. The budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) in accordance with standards established by the Governmental Accounting Standards Board (GASB), California Society of Municipal Finance Officers (CSMFO) and Government Finance Officers Association (GFOA).
The accounting policies of the City conform to generally accepted accounting principles. The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity.
Fund accounting segregates funds according to t heir purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions.
All governmental funds (i.e. General, Special Revenue, Capital Projects) are accounted for on the modified accrual basis of accounting. Under this method, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period. Revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year- end) are recognized when due. Expenditures are recorded in the accounting period when the liabi lity is incurred. Proprietary funds (i.e. Enterprise and Internal Service Funds) are accounted for using the accrual basis of accounting. Under the accrual basis of accounting, revenues are recognized when earned, while expenses are recognized when incurred.
City of Fairfield Council Handbook Dec 2024 Page 110
BUDGET AND FISCAL POLICIES
GENERAL FUND-RELATED BUDGET POLICIES
General Fund Reserve – The General Fund shall maintain an available fund balance of at least 20% of total General Fund budgeted expense for the next fiscal year. This is needed to maintain the city’s creditworthiness and to adequately provide for economic and legislative uncertainties, cash flow needs, and contingencies. At the end of each fiscal year, the accounting division staff of the finance department shall determine if any excess General Fund surplus exists. If a surplus exists, 25% of the surplus will remain in the General Fund reserve as unassigned, and the remaining 75% of any year end surplus will be allocated to assigned reserves as follows:
1. 50% Infrastructure/Facilities Reserve (assigned) - This category includes deferred maintenance to building facilities, park facilities, information technology infrastructure, and replacement of other assets that provide for service to the community or city operations. An Infrastructure/Facilities Reserve is desired to be maintained to cover unanticipated emergency repairs to infrastructure and facilities. Additionally, a reserve will allow the City to gradually build a fund balance that can be used as a cas h match against grant funding opportunities, or for outright payment, for modernizing infrastructure or facilities.
2. 30% Pension Stabilization Reserve (restricted) - A Pension Payment Stabilization Reserve (Pension Reserve) is desired to be maintained to mitigate service delivery risk due to increases in the annual pension payment to CalPERS, the Actuarially Determined Contribution (ADC). The Pension Reserve may be used to supplement increases in the ADC payment, as calculated in the most recent Actuarial Valuation Report (Report) produced by CalPERS, to make discretionary payments towards the unfunded liability of the City, or to add to our Section 115 Trust fund.
3. 20% Vehicle Replacement Fund Reserve (assigned) – To address the underfunded status of the Vehicle Replacement Fund this reserve will be used to increase available funding for the replacement of the fleet and better respond to unanticipated market price ch anges for the electrification of the fleet.
The reserve shall not go below 10%, except during times of revenue shortfalls or in fiscal years where budget and staffing cutbacks are enacted, in which case the minimum balance may be lowered to 7% of total General Fund expense over time. If the General Fund reserves fall below 20%, the city will implement a funding strategy to replenish the balance by using excess revenue or expenses in any given year for this purpose. Additionally, the funding strategy implemented should restore the reserve level to 20% within three (3) fiscal years of the shortfall.
General Fund Budget Shortfall - If the total resources as estimated by the director of finance are insufficient in a given fiscal year to support the current level of appropriations and minimum 7% reserve, the city manager shall report the financial shortfall to the council and recommend actions to alleviate that shortfall. The Council shall adopt budget amendments that reduce appropriations as necessary. If no council action is forthcoming within 45 days of the c ity manager’s report, the city manager shall reduce the total amount of General Fund departmental appropriations accordingly on a uniform percentage basis.
Reductions shall be evaluated on a programmatic basis to reach the appropriation levels required within available funding. When budget reductions are necessary, departments prioritize service programs and propose reductions in areas that have the least imp act upon services to the community, the overall
City of Fairfield Council Handbook Dec 2024 Page 111 attainment of city goals and revenues of the General Fund. Departments also shall consider the potential effects on interrelated or cross -departmental programs and related revenues when developing budget reductions.
Contingency Reserves - In the General Fund, the City shall strive to maintain a minimum of $500,000 in a contingency reserve. Contingency should be used to cover unanticipated expenditure needs of the City.
Any use of the reserve must be replenished through cost savings, surplus or the subsequent annual budget adoption process.
Pursuit of New Revenues/Maximizing Use of Non- G
eneral Fund Revenues - City departments shall
pursue revenue sources, when reasonable, in support of department goals. Departments will maximize use of non-General Fund revenues prior to using General Fund revenues to fund programs.
OTHER BUDGET POLICIES
Balanced Budget - The city shall strive with its two -year budget to balance resources with expenditure appropriations. The c ouncil requires the c ity manager to control expenses so that department expenditures do not exceed the levels that are appropriated in the annual budget and for which the city has funds to support.
Use of “One-T
ime” Funds - Council policy states that one-time revenues shall be dedicated for use as one- time expenditures. Annual budgets are not increased to the point that ongoing operating costs become overly reliant on cyclical or one -time revenues sources. During periods of economic downturn or any significant State “take-aways”, the use of one-time sources of funds or reserves may be used to ease the transition to downsized and/or reorganized operations.
Intergovernmental Loan Fund – T
he primary purpose of the Loan Fund is to advance funds for capital projects to permit earlier construction than would otherwise be possible. Other purposes include covering shortfalls in other funds (including the General Fund), paying for economic devel opment projects that facilitate revenue generating projects, and providing additional reserves for economic uncertainty.
Generally, loans shall accrue interest at a rate equal to the city’s rate of return on its pooled investments or as approved by council. The interest rate shall reflect the risk of the project. Funds which can repay loans with interest shall have priority in the use of the Loan Fund.
Long-Term Financial Planning – Staff shall prepare a ten -year General Fund forecast and a five -year financial plan of its other major funds (Water, Transit and Golf Funds) on an annual basis. This long-term perspective is a valuable planning tool: it gives early warning of adverse trends, allows council and staff to craft timely and prudent budget solutions, and avoids the “tunnel -vision” of looking only one year ahead. This five -year forecast shall use anticipated and realistic estimates of revenues and provide a discussion of forecast risk and assumptions used as the basis for major revenue and expense items.
Budget Development Principles – T
he following principles are designed to guide the preparation of staffing and service reductions in future budgets:
• A balance between public safety, infrastructure maintenance, and quality of life services is required to ensure a livable community.
• Reducing capital project funding to support operating activities sacrifices the community’s long- term interests.
City of Fairfield Council Handbook Dec 2024 Page 112 • Continuous investment in technology, systems, and equipment is needed to improve organizational efficiency, especially when staffing levels are reduced. • To minimize staff turnover and maintain city productivity, compensation levels should be maintained in line with the labor market, to the extent available resources permit. • Program cost recovery should be maximized, including General Fund indirect costs allocated to other funds, to reduce the need for program reductions. • Additional revenue sources and grants should be sought to augment city resources, provided that local match requirements and maintenance of effort provisions are not unsustainable over time. • Quality economic development with higher-paying jobs should be promoted to expand the city’s revenue base and provide a net resource gain.
• Services/programs that serve few participants should be the focus of reductions, or taken over by a private vendor or non-profit organization.
• Reductions should be avoided that could exacerbate liability issues for the City, or have negative long-term consequences.
• The budget must provide for accountability, internal controls, and long-term financial stability. • Approval from the city manager or designee is required to transfer General Fund operating budget appropriations between departments. Any amendments to the total level of net appropriations for a fund must be approved by council.
• The budget assumes existing service levels and city council approval is required for significant changes.
• Significant variances from budgeted General Fund Support/Net City Cost amounts during the fiscal year may result in a recommendation to reduce expenditures to ensure that the budgeted net costs are achieved by fiscal year-end.
Department Carryover – To the extent the funds are not needed for the General Fund, departmental carryover funds will be maintained as an incentive for departments to hold down spending and avoid a “use it or lose it” outlook. In fiscal years where General Fund resources are adequate to support it (recurring revenues exceed total expenses, including transfers out of the General Fund and the General Fund Reserve exceeds 20%), unexpended prior year appropriations may be carried forward to the budget year to t he credit of the respective departments’ carryover fund. Departmental carryover funds should be used primarily for one-time expenses rather than on-going expenses. During times when the General Fund reserve is projected to be at or below 10%, the director of finance may use department carryover funds, as necessary, to support the General Fund.
Midyear Budget Review – Th
e council will formally review the city’s fiscal condition and amend the budget as necessary on an annual basis. The finance department will also post interim financial reports on the finance section of the city’s website.
Budget Awards – T he City’s Budget will be submitted on a bi -annual basis to the California Society for Municipal Finance Officers (CSMFO) and the Government Finance Officers Association (GFOA) Operating Budget Awards for Excellence Programs and to CSMFO for its Capital Improvement Plan (CIP) Award program; obtaining distinction provides independent recognition for the quality and presentation of the city’s budget.
CAPITAL MANAGEMENT POLICIES
City of Fairfield Council Handbook Dec 2024 Page 113 Capital Projects – Capital project appropriations shall remain in effect until the project is completed or until modified in a subsequently adopted budget. Only funds, not individual capital projects, shall accrue interest. Council approval is required for capital project cost increases in excess of 10% of a project’s current total authorized budget. Given the volatility of development- related revenues, it is recognized capital projects funded from these sources are subject to delays in scheduling if the collection of such revenues falls below projections.
Technology, Vehicle, and Equipment Replacement – S
ufficient reserves will be maintained for the
systematic replacement of technology (including computers, radio, telephone, Internet/website enhancements, and video), vehicles, and heavy equipment. Replacement costs will be charged as rent to departments over the useful life of vehicles and equipment. Replacement decisions will be based on a lifecycle analysis of costs. Internal service rates will be updated annually to ensure charges to departments will be sufficient to pay for the timely replacement of equipment and related maintenance costs. Due to the variability of expenses in any given fiscal year, reserves should be maintained at expenses for a two - year period.
Facility Maintenance – R
evolving funds shall be maintained to allow for the accumulation of funds for pay-as-you-go financing of preventative maintenance and major repairs to city facilities to avoid the costs of deferred maintenance. City Hall/Civic Center is covered under these funds.
Vehicle Maintenance/ Replacement – Sufficient reserves will be maintained for the systematic maintenance of the City’s fleet. Due to the potential for expenses to vary in any given fiscal year and the potential for unbudgeted expenses to arise, reserves for public safety vehicles should be maintained at or above 50% of future replacement costs of the vehicles, but not less than $2,000,000.
DEBT MANAGEMENT POLICIES
Debt is incurred for the purpose of financing capital projects cost effectively in those years in which the improvement will provide benefits. Debt is also incurred to reduce future costs such as refinancing at lower interest rates. External financial advisers and bond counsel will be consulted regarding each proposed bond issue. The debt ratio (debt guaranteed by the General Fund) will not exceed the maximum allowed under State law.
Long-Term Debt – Debt financing shall be used primarily for one -time capital expenditures when the project’s useful life meets or exceeds the financing term, and dedicated revenues are adequate to pay debt service. An internal analysis will be conducted for each proposed long-term financing to analyze the impacts of the estimated annual debt service costs on current and future budgets.
Unfunded Liabilities – A
ny net General Fund revenues available at year- end may be applied by the Director of Finance to meet unfunded liabilities and reserves identified in any actuarial studies, audits, or other analyses, including the city’s liability for compensated leave balances.
Short-T
erm Debt – Cash flow borrowings (Tax and Revenue Anticipation Notes, capital line-of-credit) are encouraged as good cash management techniques to provide cost-effective initial project funding and/or to realize net investment income.
Credit Ratings and Disclosure – F inancing and debt service sufficiency and reliability should be adequate to obtain investment grade credit ratings (A-) or greater. Non-rated financing may be used whenever it is cost-effective. City will seek investment grade ratings and/or cost -effective credit enhancements,
City of Fairfield Council Handbook Dec 2024 Page 114 diligently monitor its compliance with bond covenants, adhere to Federal arbitrage regulations by participating in a comprehensive arbitrage management program, maintaining good communication with bond rating agencies, and practice full disclosure.
Developer Financing – Assessment district financing may be extended to a developer/builder subject to city’s adopted Assessment District Policy (see Resolution 92 -190 and also Mello -Roos District Policy Resolution 96-246, and Economic Development Strategy).
Maintenance Districts – T he financial policies relative to landscape maintenance districts shall be governed by the City’s Maintenance District Policy. Section 1(I) of Resolution 91 - 213B describes the General Fund Contributions.
Pension Obligation Bonds (POBs) – I f the General Fund reserve (cash balance excluding departmental carryover) is in excess of 20% of total General Fund expense, the council may consider using a portion of the excess over 20% to prepay pension obligation bond principal in order to reduce future debt service payments. Council may also consider establishing interfund loans to retire and reduce future debt service payments on the 2011 POBs, with interest rates ranging from 2.78% to 8.50%.
FINANCIAL MANAGEMENT POLICIES
Cash Management – The director of finance shall work with the city treasurer and the City’s investment advisors to invest City funds on a pooled basis in accordance with the City Investment Policy, as well as applicable federal state and local legislation governing the investment of public funds. Funds are invested with the following priority of goals: (1) safety, (2) liquidity, and (3) yield, while meeting the daily cash flow demands of the city. As outlined in the investment policy, interest earnings in o perating funds are allocated to specific funds, based upon their proportionate shares of funds invested.
The policy spells out standards of conduct, prohibits investments in derivatives, sets a five-year maximum maturity, and recognizes that in changing interest rate environments it may be financially advantageous to sell investments at a book value loss to i nvest in a more profitable security. The City’s pooled investments are not invested in stock and will not deal in futures or options. Investment reports are prepared monthly. The City’s investment policy is reviewed bi -annually by council as part of the bu dget and any modifications to the policy must be approved. The City’s investment policy shall be adopted by resolution of council and is included in the appendix to the budget.
Cost Recovery through Fees - Departments must utilize fees to recover costs where reasonable, once all cost-saving options have been explored. There must be statutory authority for the City to levy a fee, and the fee must be approved by c ouncil. If permissible by law, fees and charges shall recover costs of the services provided, unless otherwise directed by c ouncil. Programs funded by charges for services, fees, grants, and special revenue sources should pay their full or fair share of all direct and indirect costs to the extent feasible and legally permitted, so that the users of the service bear the costs, rather than the general taxpayer.
Parks and Recreation Fees – P
arks & Recreation program fees shall cover at least 33% of overall program costs. Facility fees shall be reviewed on an annual basis, and council shall approve changes in the range of facilities fees. The d irector of p arks & r ecreation or designee is authorized to establish annually all operational fees at a level not to exceed direct and indirect program costs and reserve needs for those programs, classes and events which are supported in whole or in part by fees, grants, and donations.
City of Fairfield Council Handbook Dec 2024 Page 115 Cost Allocation Plan – The city shall maintain and regularly update a cost allocation plan which shall be used to recover indirect costs from other city funds, outside funding sources, maintenance districts, and fee-supported programs. Overhead costs shall be allocated based u pon an internally developed cost allocation and implementation plan developed annually. The City uses a “Double Step Down” method by first allocating overhead to all departments, exclusive of unallowable items (i.e. capital expenditures, debt service, and other various costs as defined by the Federal Office of Management and Budget (OMB) then secondarily allocating these costs down only to operating departments. The Cost Allocation schedule is updated every two years.
Growth – T
o the extent practicable, new development shall pay fees and taxes as necessary to meet all identified costs associated with that development.
Employee Compensation – The City has established an employee compensation plan that is designed to attract and retain highly qualified individuals who are capable of delivering a high level of service in a streamlined organization. The City is committed to providing competitive, market-based compensation as permitted by its finances. As part of this policy, market surveys may be performed, and salary ranges may be adjusted based upon these surveys and available financial resources of the City (See Resolution 2000- 156 for complete policy). Salary adjustments are periodically provided to employees within their classification survey upon completion of a comprehensive performance appraisal. As part of its employee compensation package, the city offers the following range of benefits (depending on the bargaining unit) to its regular full and part-time employees:
• Choice of medical plans (with employer contributions) • Flexible benefits: dependent care, medical spending accounts • Paid holidays and leave
• 401a/457 Deferred Compensation Plan
• Dental coverage
• Life insurance
• Wellness program
• Disability insurance
• Employee Assistance Program
• Vision insurance
• CalPERS Retirement Plan (Classic PERS Employees - 3% @ 50 for Sworn; 2.7 or 2.5% @ 55 for all other employees) (For employees new to PERS – 2.7% @ 55 for Sworn, 2% @ 62 for all other employees)
To obtain additional information regarding the memorandums of understanding for the employee bargaining groups within the City, see the City’s website for more information in the City Manager/ Human Resources section.
Grants – Grant funding will be considered as a means to leverage city funds but will be primarily used for capital or one -time expenses. The City must consider the impact on the General Fund of local match requirements and ongoing commitments to higher service and staffing levels after grant funds run out. In the event of reduced grant funding, City resources will be substituted only after all program priorities and alternatives are considered during the budget process.
City of Fairfield Council Handbook Dec 2024 Page 116 When applying for grants for ongoing programs, as opposed to planning or capital grants, departments must consider funding to be provided for the duration of the program. To the extent legally possible, all grant applications should be based on full costing, including overhead and indirect costs. Unless long-term funding is secure, departments should avoid adding staff to support new grant supported programs. If it is necessary to add staff, limited term positions should be used. All grants received by the city are to be administered under the guidelines established in the city’s grant management policy.
Inflation – “Consumer Price Index” as used in labor MOUs, budget calculations, and fee indexing means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners (CPI-W), as reported by the Bureau of Labor Statistics or successor ag ency, from the December preceding the budget year over the preceding December, for the San Francisco Bay Area.
Information Technology – T echnologies that support City goals, improve organizational efficiency, reduce operating costs or result in improved service shall be emphasized. The policy spells out safeguards to maintain continuity of service, recommends “beta” testing before implem enting new technology, promotes the use of integrated systems over standalone applications, supports upgrading of current systems with existing vendors where performance is satisfactory, and limits in -house development to applications which cannot be cost -effectively purchased from outside vendors. A long-term technology plan and project list are updated periodically and is included as part of the budget, which ensures that computer and telephone assets will be replaced on a cyclical basis according to their useful life.
Park Maintenance – T
he City does not have adequate financial or personnel resources required to operate and maintain proposed new parks and pay for improved park security. Current maintenance funding levels are inadequate to support the construction of any additional park facilities. To ensure there is adequate funding for park maintenance and park security needs, the following policies shall be followed:
• New residents shall pay for the maintenance of new parks to the extent practicable to generate new revenues to offset added costs.
• No new park facilities shall be constructed unless a reliable, ongoing funding source to provide for park maintenance and park security is put in place.
• New facilities shall be maintained through contract or lease arrangement to the extent practicable to shift the responsibility for costs away from the City and the General Fund.
Personnel Practices – The city manager may propose amendments to the classification plan for adoption by the council during the budget year. Council shall approve the salaries for all new classifications and any increases to the salaries shown on the current classification plan. The city manager or his or her designee shall have the authority, without separate council approval, to place employees within existing classifications or to move employees from one classification to another and to promote employees to a higher step within existing classifications. The c ity manager or his or her designee may delete classifications shown on the plan and change job titles of existing classifications.
Self-I
nsurance Reserves – Reserves will be maintained at a level, together with purchased policies, adequate to indemnify the City for property, liability, workers compensation, and other health and insurance risks. Actuarial liability for general liability and workers compensation should be calculated at no less than a 75% confidence level for the expected value of future losses. If the combined reserves fall below 50% of the actuarial liability, contributions to these reserves should be increased. Actuarial studies shall be performed once every two years.
85 December 2020
City of Fairfield Council Handbook Dec 2024 Page 117 Water Rates – As necessary, water rates shall be adjusted between user classes in accordance with accepted cost of service methodology, to ensure each user class pays only its fair share. Rate increases shall be made based on the long-term financial needs of the Water Fund, and shall be sufficient to accomplish the following:
• Recover all direct and indirect costs and maintain two months operating reserves. • Maintain major maintenance reserves sufficient to meet significant emergency repairs to water treatment and distribution facilities such as reservoirs, pump stations, and transmission mains (10% of annual operations expenses).
• Maintain reserves for adverse impact on water revenues due to drought, conservation, or reduced collections (annual goal of 10% of user fee revenue).
• Maintain reserve for water line replacement to cover aging infrastructure such as pipelines, equal to 1.5% of the estimated replacement cost.
• Finance all capital improvement costs on a timely basis, using primarily cash, and bond proceeds to the extent necessary.
• Establish cash reserves to pay for future water supply and entitlements, deferred maintenance needs at Waterman Treatment Plant, and the expansion of the North Bay Treatment Plant. • For North Bay maintain reserves in compliance with Joint Powers Agreement. • Meet all minimum bond coverage reserve requirements as mandated by bond indentures (net operating revenue with connection fees to be 125% of annual debt service, and net operating revenue without connection fees to be 100% of annual debt service).
FINANCIAL REPORTING POLICIES
Financial Systems – The City’s accounting and financial reporting systems will be maintained in conformance with all State and Federal laws, generally accepted accounting principles (GAAP) and standards of the Governmental Accounting Standards Board (GASB) and the Government Finance Officers Association (GFOA). Internal controls will be maintained to monitor revenues, expenditures, and program performance on an ongoing basis.
Audit – A
n annual audit will be performed by an independent public accounting firm, with an audit opinion to be included with the City’s published Annual Comprehensive Financial Report (ACFR). The council will approve the audit annually.
City Council Audit Committee – A n audit committee consisting of a minimum of two council members will meet annually with the external auditor and staff to discuss the scope of the audit, auditor findings and financial results, and report on its work to council.
Awards Programs – T he City’s Annual Comprehensive Financial Report (ACFR) will be submitted to the Government Finance Officers Association (GFOA) Certification of Achievement for Excellence in Financial Reporting Program; gaining this award provides independent recognition for the quality of the city’s financial reporting.
City of Fairfield Council Handbook Dec 2024 Page 118 Appendix C: City Manager’s Employment Contract
The City of Fairfield City Manager’s full Employment contract is available at:
https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?dbid=0&id=95757&page=13
City of Fairfield Council Handbook Dec 2024 Page 119
Appendix D: Fairfield Municipal Code, Chapter 2, Article II https://www.codepublishing.com/CA/Fairfield/#!/Fairfield02.html Article II. City Manager.
2.4 Office created; appointment; qualifications; term of office.
The office of city manager is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council. (Ord. No. 16 [1952], § 1; Ord. No. 65-3, § 1.)
2.5 Residency requirements; eligibility of councilmen.
Residence in the city at the time of appointment shall not be required as a condition of appointment of the city manager.
No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the city council. (Ord. No. 16 [1952], § 2; Ord. No. 65-3, § 1.)
2.6 Absence or disability.
In case of an approved absence of the city manager, the city manager may designate a city employee to serve as acting city manager, performing the duties of city manager, during his or her absence.
In case of an unapproved absence of the city manager that is not the result of disability or in case of an absence resulting from disability of the city manager, the persons holding the offices designated below, in the order listed, shall assume the duties and obligations of the city manager until such time as the City Council appoints a new or acting/interim city manager. The person holding the offices named below shall only assume the city manager’s duties if the person holding the office above them on the list is unavailable to assume such duties.
The list of offices is as follows:
1. Assistant City Manager.
2. Assistant to the City Manager.
City of Fairfield Council Handbook Dec 2024 Page 120 In the event that the persons listed above are not available or cannot assume the duties of the city manager, the City Council shall appoint an acting city manager. (Ord. No. 16 [1952], § 4; Ord. No. 65-3, § 1; Ord. No. 98-7, § 1; Ord. No. 2010-06, § 1.)
2.7 Term of office; removal by city council generally; salary after removal.
The city council shall appoint the city manager and may remove the city manager by a four- member vote. At least thirty days before such removal shall become effective, the city council shall by a four-member vote of its members adopt a preliminary resolution stating the reason for removal. By the preliminary resolution the council may suspend the city manager from duty, but shall in any case cause the city manager to be paid forthwith any unpaid salary balance and the monthly salary of the city manager shall continue to be paid for the next calendar month following the month of the adoption of the preliminary resolution. The city council, in removing the city manager, shall use its uncontrolled discretion and its action shall be final. (Ord. No. 16 [1952], § 5; Ord. No. 65-3, § 1; Ord. No. 2023-01, § 1.)
2.8 Not to be removed ninety days following municipal election.
Notwithstanding the provisions of the chapter, the city manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member to the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the ninety days the provisions of the preceding section as to the removal of the city manager shall apply and be effective. (Ord.
No. 16 [1952], § 6; Ord. No. 65-3, § 1.)
2.9 Compensation; travel expenses.
The city manager shall receive such compensation as the city council shall from time to time determine and fix. This compensation shall be a proper charge against such funds of the city that the city council shall designate.
The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made, however, when a verified, itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the city council and duly approved and allowed. (Ord.
No. 16 [1952], § 7; Ord. No. 65-3, § 1.)
City of Fairfield Council Handbook Dec 2024 Page 121
2.10 Responsibilities and duties.
The city manager shall be the administrative head of the city government under the direction and control of the city council except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the city. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the responsibility for:
(a) Keeping council informed. The city manager shall, at all times, keep the council fully informed of major issues facing the city so as to allow the mayor and councilmembers to fulfill their roles as policymakers and spokespersons for the city. As part of these duties, the city manager shall inform the council of major issues involving the city which will be reported in the press.
(b) Enforcement of laws, franchises, etc. To see that all laws and ordinances of the city are duly enforced and that all franchise permits and privileges granted by the city are faithfully observed.
(c) To keep the city council at all times fully advised as to the financial conditions and needs of the city. The city manager shall report every six months, or more frequently as needed, on the financial condition of the city to allow the council to take corrective action if necessary and to insure the financial stability of the city’s fiscal position. (d) Scope of authority. Supervising, ordering and giving directions to all heads of departments, subordinate officers and employees of the city, except elected officers and their respective staffs. To transfer employees from one department to another and to consolidate or confine offices, positions, departments or units under his direction. (e) Appointments and removals; exceptions. To appoint and remove any officers and employees of the city except the elected officers (Ord. No. 98-1, § 2.). (f) Departments, appointive officers and employees. To supervise all departments of the city government and over all appointive officers and employees thereof, except elective officers and their respective staffs.
(g) Attendance at council meetings. To attend all meeting of the city council unless excused therefrom by the city council, except when his removal is under consideration by the council.
(h) Recommending ordinances; etc. To recommend to the city council for adoption such measures and ordinances that are necessary.
(i) Annual budget. To prepare and submit to the city council the annual budget.
City of Fairfield Council Handbook Dec 2024 Page 122 (j) Annual reports, finances and activities. To prepare and to submit to the city council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year, such financial report not to be confused with city clerk’s report to state controller.
(k) Purchase supplies. To purchase or cause to be purchased all supplies for all the departments or division of the city.
(l) Investigation of city affairs, contracts and obligations. To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligations of the city. The city council will receive prompt notification of the results of any such investigation affecting the operations of the City which are not required to be kept confidential.
(m) Investigating complaints, franchises, permits and privileges. To investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed.
(n) Supervision of public buildings, parks, etc. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council.
(o) Devoting time to duties. Except as authorized by the city council, to devote his entire time to the duties of his office and the interest of the city. (Ord. No. 83-10, § 1.) (p) Providing leadership for civic movements. To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the city council. (q) Supervision of departments; special counsel. To supervise in general the operations of all departments of the city, securing special counsel as required. (r) Capacity as personnel director. To act as personnel director until the council shall establish a separate office therefor.
(s) Superseded by Ordinance No. 75-22.
(t) Additional delegated duties and responsibilities. To perform such other duties and exercise such other responsibilities as may be delegated to him from time to time by ordinance or resolution of the city council. (Ord. No. 16 [1952], § 8; Ord. No. 65-3, § 1; Ord.
No. 75-22; Ord. No. 83-10, § 1.)(Ord. No. 96-5, § 1.)
City of Fairfield Council Handbook Dec 2024 Page 123
2.11 Council to interact with administrative employees through city manager.
The city council and its members shall interact with the administrative employees through the city manager, except for the purpose of inquiry and neither the city council nor any members thereof shall give orders to any subordinates of the city manager. (Ord. No. 96-5, § 2.)
2.12 Council to assist in advisory capacity.
It shall be the responsibility of the city council and its members to aid and assist in an advisory capacity, any department head, individually or collectively on any phase of policy or public relations. The council will have the option to discuss and determine the effectiveness of these relationships with the city manager on an annual basis. (Ord. No. 96- 5, § 3.)
City of Fairfield Council Handbook Dec 2024 Page 124 Appendix E. City Attorney’s Employment Contract
The City of Fairfield City Attorney’s full Employment contract is available at:
https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?id=92752&dbid=0&repo=SharedDocs&cr=1
City of Fairfield Council Handbook Dec 2024 Page 125
City of Fairfield Council Handbook Dec 2024 Page 126 Appendix F: Resources for Individuals Experiencing Homelessness The most current information resides here: https://www.fairfield.ca.gov/government/city- departments/city-manager-s-office/homeless-services
The Community Resource Guide shown below is available under the Resources Section.
City of Fairfield Council Handbook Dec 2024 Page 127
City of Fairfield Council Handbook Dec 2024 Page 128 Appendix G: City Council Priorities and Goals for FY 2023-25
City of Fairfield Council Handbook Dec 2024 Page 129
For the most current data on each goal, please visit the Transparency Portal at:
https://transparency.fairfield.ca.gov
City of Fairfield Council Handbook Dec 2024 Page 130 Appendix H: Chapter Six of the Fairfield Municipal Code, Disasters and Emergencies
https://www.codepublishing.com/CA/Fairfield/#!/Fairfield06.html CHAPTER 6
DISASTERS AND EMERGENCIES
6.1 Purposes of chapter.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord.
No. 71-39, § 1, Ord. No. 2005-22, § 1.)
6.2 "Emergency" defined.
As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, terrorism, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. No. 71-39. § 2, Ord. No. 2005-22, § 2.)
6.3 Disaster council Created; membership.
The disaster council is hereby created and shall consist of the following:
(a) The mayor, who shall be chairperson. If the mayor is not available, then the vice -mayor shall be the chairperson.
(b) The director of emergency services (city manager or his; her designee), who shall be vice chairperson.
(c) The assistant director of emergency services (assistant city manager or his; her designee). (d) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter. (Ord. No. 71-39, § 3, Ord. 2005-22, §3.)
6.4 Same Powers and duties.
It shall be the duty of the disaster council, and it is hereby empowered, to ensure the development and recommend the adoption by the city council, emergency and mutual aid plans and agreements
City of Fairfield Council Handbook Dec 2024 Page 131 and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairperson or, in his/her absence from the city or inability to call such meeting, upon call of the vice chairperson. (Ord. No. 71-39, § 4, Ord. 2005-22, § 4.)
6.5 Director and assistant director of emergency services Offices created. (a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.
(b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director. (Ord. No. 71-39, § 5, Ord. 2005-22, § 5.)
6.6 Same Powers and duties.
(a) The director of emergency services is hereby empowered to:
(1) Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days if in session thereafter or the proclamation shall have no further force or effect.
(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter.
(4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them.
(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the governor or the director of the state office of emergency services or the existence of a "state of war emergency," the director is hereby empowered:
a. To obtain, contract or commandeer, vital supplies, equipment and such other properties found lacking and needed for the protection of life and property. The City shall reimburse the providers of these vital supplies, equipment, and property at their fair market value.
City of Fairfield Council Handbook Dec 2024 Page 132 b. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency," in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many c itizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers.
c. To requisition necessary personnel or material of any city department or agency. d. To execute all of his ordinary power as city manager, all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her by any statute, by any agreement approved by the city council and by any other lawful authority. (b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his/her duties during an emergency.
(c) The assistant director shall, under the supervision of the director and with the assistance of emergency service personnel, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. No. 71-39, § 6, Ord. No. 2005-22, § 6.)
6.7 Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency (e.g. Red Cross), and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section 6.6(a), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. No. 71 -39, § 7, Ord. No. 2005-22, § 7.)
6.8 Emergency plan.
The disaster council shall ensure that staff develops and maintains the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. No. 71-39, § 8, Ord. 2005-22, § 8.)
City of Fairfield Council Handbook Dec 2024 Page 133
6.9 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. No. 71-39, § 9.)
6.10 Prohibited acts.
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him/her by virtue of this chapter. (b) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city or to prevent, hinder or delay the defense or protection thereof. (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state, county or local government. (Ord. No. 71-39, § 10, Ord. 2005-22, §
10.)
City of Fairfield Council Handbook Dec 2024 Page 134 Appendix I: Cal Cities Summary of the Brown Act
The following overview is from the Cal Cities publication Essential Hour: Your First Public Meeting – Brown Act Basics, published November 5, 2021. This publication is available online at https://bit.ly/39CHOKN.
Cal Cities has also published a fuller overview of the Brown Act, Open & Public V, A guide to the Ralph M Brown Act, which is also available online at https://bit.ly/3N87mx4.
Essential Hour: Your First Public Meeting - Brown Act Basics Introduction
The Ralph M. Brown Act (Brown Act) (codified at Govt C §54950 et seq.) requires meetings of “legislative bodies” of local agencies to be open and public. The Brown Act also has a constitutional component. In 2004, the California Constitution was amended to recognize “[t]he people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” In 2014, th e California Constitution was again amended to require all local agencies to comply with the Brown Act.
What Is a Legislative Body?
The term “legislative body” under the Act includes the following:
• The governing body of a local agency (including those of charter and general law cities) or any other local body created by state or federal statute.
• Any permanent or temporary advisory or decision- making commission, committee, board, or other body created by charter, ordinance, resolution, or formal action of a legislative body. • Standing committees, regardless of their composition, that have either o Continuing subject matter jurisdiction; or
o A meeting schedule fixed by charter, ordinance, resolution, or other formal action of the legislative body.
What is not a Legislative Body?
The term “legislative body” excludes less -than-a-quorum advisory committees composed solely of members of the legislative body, provided they are not standing committees that have continuing subject matter jurisdiction or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. These types of committees are commonly referred to as “ad hoc” committees. To be an ad hoc committee exempt from the Brown Act, the body should have a defined task and be of limited duration.
What Constitutes a Covered Meeting?
A meeting is any congregation of a majority of the members of a legislative body at the same time and location (including permitted teleconference locations) to hear, discuss, deliberate or take action on any item that is within the subject matter jurisdiction of the legislative body.
Even though that definition has a physical focus —a congregation of a majority at the same time and place—the Brown Act also prohibits a majority of the members of a legislative body, outside an open and noticed meeting, from using a series of communication s of any kind, directly or through intermediaries,
City of Fairfield Council Handbook Dec 2024 Page 135 to discuss, deliberate, or take any action on any item of business within the subject matter jurisdiction of the legislative body.
Are there Exemptions to the Brown Act?
1. “Individual Contacts”
Individual contacts or conversations between a member of a legislative body and any other person are permitted, as long as the communications do not result in a serial meeting.10 Thus, it is clear that a citizen may lobby, one by one, a majority of the members of a legislative body.
Further, substantive staff briefings are permitted to answer questions and provide information to individual members of a legislative body if staff does not serve as an intermediary and communicate to members of the body the comments or positions of other members.
PRACTICE TIP: The due-process-based restrictions on ex parte contacts during consideration of quasi-judicial matters exist independently of the Brown Act and may restrict individual contacts on such matters.12 Many cities have policies or practices that require members of legislative bodies to either avoid ex parte contacts entirely or disclose ex parte contacts with applicants or members of the public before participating in quasi-judicial matters.
2. Conferences and Seminars
Attendance of a majority of the members of a legislative body at a conference or similar gathering is not a meeting subject to the Brown Act if the gathering a. Is open to the public;
b. Involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body; and
c. A majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the local agency.
3. Open Community Meetings
The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency is not a meeting governed by the Brown Act. The exemption applies as long as a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body.
4. Meetings of Other Legislative Bodies
The attendance of a majority of the members of a legislative body at an open and noticed meeting of another legislative body of the local agency, or of another local agency, does not become a meeting of the first legislative body. This exemption allows, for example, a majority of a city council to attend a meeting of that city’s (or another city’s) planning commission. The exemption applies as long as a majority of members of the first legislative body do not discuss among themselves business of a specific nature that is within their subject matter jurisdiction, other than as part of the scheduled meeting of the second legislative body.
5. Social or Ceremonial Gatherings
The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion (such as a wedding, holiday party, or swearing-in ceremony) is not a meeting
City of Fairfield Council Handbook Dec 2024 Page 136 governed by the Brown Act. The exemption applies as long as a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body.
6. Meetings of Standing Committees
The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body is not a meeting of the legislative body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. The phrase “only as observers” means the attending members may be physically present at the committee meeting but may not ask questions, make statements, or sit in their usual places on the dais.
Are “Serial” or “Seriatim” Meetings Covered by the Brown Act? A congregation of a majority of the members of a legislative body outside a properly noticed and duly convened meeting during which they discuss, deliberate, or take action on a matter within their subject matter jurisdiction is prohibited.
The Brown Act also prohibits use of a series of communications, of any kind, among a majority of members of a legislative body, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject ma tter jurisdiction of the legislative body. These are commonly referred to as serial or seriatim meetings. Unlawful seriatim meetings can occur through:
• In-person contacts among a majority of members of a legislative body; • Technological contacts (such as fax, email, text message, telephone, or social media) among a majority; or
• Contacts with a majority through staff members or others acting on behalf of the body or one of its members.
However, the ban on seriatim meetings does not prevent a staff member from engaging in separate conversations or communications, outside of a meeting, with members of a legislative body to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if the staff member does not communicate to members of the legislative body the comments or position of any other member of the legislative body.
How Does the Brown Act Apply to Social Media?
Members of a legislative body may use certain internet-based social media platforms to answer questions from the public, provide information to the public, or solicit information from the public regarding a matter within the legislative body’s subject matt er jurisdiction. The platform must be “open and accessible to the public,” which means that “members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet -based social media platform determines that an individual violated its protocols or rules.”
However, a majority of the members of the legislative body may not use any social media platform to “discuss among themselves” official business. In the context of social media, “discuss among themselves” means “communications made, posted, or shared on an internet-based platform between members of a
City of Fairfield Council Handbook Dec 2024 Page 137 legislative body, including comments or use of digital icons [i.e., emojis] that express reactions to communications made by other members of the legislative body.” A single contact between two public officials (less than a quorum) normally would not constitute a prohibited serial meeting. However, on social media, a member of a legislative body may not “respond directly” to any communication relating to a matter within the subject matter jurisdiction of that agency that is made, posted, or shared by any other member of the legislative body.
PRACTICE TIP Members of the same legislative body should be advised not to comment on each other’s posts.
What Are the Noticing Requirements for Meetings?
1. Regular Meetings
Each legislative body except advisory committees and standing committees must take formal action to establish a time and place for holding regular meetings. Meetings of advisory committees or standing committees for which an agenda is posted 72 hours in advance of the meeting are considered to be regular meetings for all purposes under the Brown Act, even if the committee does not have a regular meeting schedule.
Regular meeting agendas must be posted at least 72 hours before the meeting in a location that is freely accessible to the public. Agendas must also be posted on the local agency’s website, if it has one, 72 hours before the meeting.
2. Special Meetings
A special meeting may be called by the presiding officer of the legislative body (in the case of a city council, the mayor or mayor pro tem) or by a majority of the members of the legislative body, by proper delivery of required written notice and, in certain circumstances, posting on the local agency’s website.
At least 24 hours before a special meeting, a notice that contains the time and place for the meeting, with a statement of the business to be transacted and an opportunity for the public to address the legislative body on that item, must be posted in a location freely accessible to the public. The notice must be delivered personally or by any other means to all members of the legislative body (unless waived in writing before the meeting) and to any newspaper, radio, or television station that has requested notice in writing, and received at least 24 hours before the time of the meeting. In addition, the special meeting notice must be posted on the local agency’s website, if one exists, at least 24 hours before the meeting.
3. Emergency Meetings
Emergency meetings may be called in “emergency situations.” An “emergency situation” exists when a majority of the members of the legislative body determines a “work stoppage, crippling activity, or other activity” severely impairs the public health or safety, or a “crippling disaster, mass destruction, terrorist act, or threatened terrorist activity” poses imminent and significant peril, endangering the public health or safety. Notice of an emergency meeting is required, but may be waived in certain instances.
4. Teleconference Meetings (Traditional)
Teleconferencing may be used in connection with meetings, but special agenda requirements apply. “Teleconference” is defined as “a meeting of the legislative body, the members of which are in different
City of Fairfield Council Handbook Dec 2024 Page 138 locations, connected by electronic means, through either audio or video, or both.” The agenda must specify each teleconferencing location and must be posted at each teleconference location.
Teleconference meetings must also comply with all of the following requirements:
a. The meeting must comply in all other respects with the Brown Act and is in all respects the same as a meeting where the members are all physically present in one location; b. All votes taken during a teleconferenced meeting must be by roll call; c. At least a quorum of the members of the legislative body must participate from within the territory over which the local agency exercises jurisdiction; and d. Each teleconference location must be accessible to the public and the public (including the disabled) must have the same rights to address the body as if physically present.
5. Remote Meeting Emergency Authorization
AB 2302 was an urgency bill that amended Government Code section 54953 to extend the teleconference procedures previously authorized to address the COVID-19 pandemic. AB 2302 allows legislative bodies to restrict public access to teleconference locations under two limited circumstances to prevent members of legislative bodies from being required to publicly disclose their private locations.
First, Government Code 54953(e) applies to meetings held during a proclaimed state of emergency to determine whether meeting in person would present an imminent risk to the health and safety of attendees, and after the legislative body has made an initial finding confirming the risk. Government Code 54953(e) provides several procedural safeguards, such as giving the public the ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, and requiring the meeting to stop if the call-in or internet-based option fails. The public must be given a reasonable time to register to provide public comment; comments may not be required to be submitted in advance; pre-registrations (except as required by call-in or internet platform) are prohibited; and legislative bodies that provide a timed public comment period may not close the public comment period until that period has expired. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 45 days after the first teleconference meeting and every 45 days thereafter.
Second, Government Code 545953(f) applies when at least a quorum of members participate from a singular public location identified on the agenda. The legislative body must provide public access via a two-way audiovisual platform or a two-way phone service with a live webcast of the meeting. Legislative bodies must include on the meeting notice and agenda the means by which the public can join remotely and address the body via a call-in or internet-based service option, and must stop the meeting if the call- in or internet option fails. The public must be given a reasonable time to provide comment, and comments may not be required to be submitted in advance.
Further, under Government Code 54953(f), a member may participate remotely if they notify the legislative body at the earliest possible opportunity or if they obtain approval due to emergency circumstances and the legislative body approves the request. In either case, the member must provide a general description of the circumstances relating to their need to participate remotely. The member must participate in the meeting through audio and visual technology and publicly disclose whether any other adults are in the room with them. Government Code 54953(f) also imposes restrictions on the
City of Fairfield Council Handbook Dec 2024 Page 139 number of times per year a member may participate remotely: twice if the body meets once per month or less; five times if the body meets twice per month; and seven times if the body meets three or more times per month.
If a Councilmember wishes to appear remotely at any City Council meeting, they should notify the City Clerk, City Manager, and City Attorney as soon as possible.
What Is Required on the Agenda?
1. Agenda Descriptions
The agenda must specify the time and location of the meeting and provide a “brief general description” of each item of business to be transacted or discussed.37 It must also provide an opportunity for the public to address the legislative body on any item of interest to the public within the subject matter jurisdiction of the legislative body, before or during the time the legislative body considers the item. The agenda must designate and provide the address of a location where members of the public may inspect the agenda and any associated writings, such as staff reports, and where documents delivered after the posting of the agenda may be obtained. The agenda must also contain information on how a person may request a disability accommodation to participate in a meeting.
Agenda item descriptions “generally” need not exceed 20 words in length. However, agenda descriptions should give enough information to permit a person to make an informed decision about whether they want to attend or participate in a discussion on an issue.
2. Items Not on the Agenda
Subject to certain exceptions, no action or discussion may occur on any item not appearing on the posted agenda. Limited questions, requests, and responses on matters not appearing on the posted agenda are allowed as follows:
a. Brief responses by members of the legislative body and staff to statements or questions posed by the public;
b. Questions for clarification;
c. References to staff or other resources for factual information; d. Requests to staff to report back on an issue at a subsequent meeting; e. Requests or actions to agendize a matter of business for some future meeting; and f. Brief announcements by members of the body or staff and brief reports on their activities.
3. Closed Session Items
The Brown Act permits legislative bodies to meet privately for very limited purposes such as litigation, labor negotiations, real property negotiations and performance evaluations of direct hires. These “closed sessions” must be agendized in the same manner as regular and special meetings.
After any closed session, the legislative body must reconvene in open session and make a public report of specified actions and the vote or abstention of every member present.
Disclosure of confidential information acquired at a closed session is prohibited, unless the legislative body authorizes disclosure.
City of Fairfield Council Handbook Dec 2024 Page 140 Does the Public Have a Right to Comment?
Members of the public have a right to address the city council or other legislative body at regular and special meetings. Agendas for regular meetings must provide an opportunity for the public to address the council on any item of interest to the public within the subject matter jurisdiction of the council, before or during the time the council considers the item. Special meeting agendas must provide the public an opportunity to address the council concerning only those items addressed in the notice of special meeting before or during consideration of such item.
A legislative body may limit public comment to matters that serve the purpose for which the council holds meetings.
Members of the public cannot be required to provide their name, address, or other information as a condition to participating in a meeting.
Any person may record a meeting by audio or videotape, or by still or motion picture camera, unless the legislative body makes a reasonable finding the recording cannot continue because noise, illumination, or disruption of a view constitutes or would constitute persistent disruption of the proceedings.
What Are the Remedies for Violating the Brown Act?
1. Criminal Prosecution of Member of the Legislative Body A member who attends a meeting of their legislative body when a violation of the Brown Act occurs is guilty of a misdemeanor if the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under the Brown Act.
2. Civil Actions
Most actions taken in violation of the Brown Act are voidable. The district attorney or any interested person may commence an action by mandamus or injunction to obtain a judicial determination that an action taken in violation of specified sections is null and void. The party who alleges a violation must make a written demand to the legislative body to cure or correct the violation within 90 days from the date the action was taken, unless the action was taken in an open session but in violation of §54954.2 (regular meeting agenda posting requirement), in which case the written demand must be made within 30 days from the date the action was taken. The legislative body may still cure or correct the defect and have the action dismissed with prejudice. One common approach to cure and correct a challenged action, is for a city council to consider the challenged action in a subsequent, duly agendized open-session meeting.
The district attorney or any interested person may also bring a civil action to ascertain the applicability of the Brown Act to past, ongoing, or threatened actions of a legislative body and to obtain injunctive relief to enjoin future violations.
3. Costs and Attorney Fees Awarded Unless Unjust
A court may award a plaintiff court costs and reasonable attorney fees in an action brought under Govt C §54960, §54960.1, or §54960.2 when it finds a violation of the Brown Act. The court has discretion to deny fees only if the defendant shows special circumstances exist that would make such an award unjust.
City of Fairfield Council Handbook Dec 2024 Page 141 Appendix J: ICMA Code of Ethics
https://icma.org/page/icma-code-ethics-guidelines
City of Fairfield Council Handbook Dec 2024 Page 142
City of Fairfield Council Handbook Dec 2024 Page 143
City of Fairfield Council Handbook Dec 2024 Page 144
City of Fairfield Council Handbook Dec 2024 Page 145
City of Fairfield Council Handbook Dec 2024 Page 146
City of Fairfield Council Handbook Dec 2024 Page 147
City of Fairfield Council Handbook Dec 2024 Page 148
Agenda Item No: L.1
AGENDA REPORT
DATE: December 3, 2024
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Unsheltered Street Outreach and Tenancy Support Services Presentation and Direction
Funding Source: $750,000; Homeless Services Division General Fund
Contact: April Cobb, (707) 428-7709
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
The Homeless Services Division (HSD) in partnership with the Fairfield Police Department (FPD) and Fairfield Housing Services Department are seeking one or multiple organizations who have experience providing unsheltered street outreach, tenancy support services for the City’s Tenant Based Rental Assistance Program (TBRA), an d housing navigation to those who are unhoused or at risk of being unhoused. Staff is seeking City Council direction, input and recommendation to enter contract with the two top ranking proposers for unsheltered outreach and tenancy support services.
DISCUSSION
On September 30, 2024, HSD released a Request for Proposals (RFP) for Unsheltered Street Outreach and Tenancy Support Services. The total amount of funding available for this RFP is $950,000. Street Outreach positions are based on a three -year period with $250,000 in funding for each year through general funds. Tenancy Support Services is funded through State funds awarded to the Housing Services Department through Pro-housing Incentive Program with the program ending in February 2027. This RFP will have two separate contracts. HSD will oversee Unsheltered Street Outreach Services, and the Housing Services Department will provide oversight for the Tenancy Support Services.
The Outreach Team will play an important, on -the-ground role in connec ting vulnerable individuals experiencing homelessness to vital community resources and services. The Outreach Team will consist of two full-time outreach workers focused on assisting unsheltered homeless individuals in the City of Fairfield.
The Tenancy Support Provider will help people, especially those with disabilities, find and maintain housing, often when transitioning from being unhoused or in institutional settings. This support service assists those who have been issued the TBRA voucher and housi ng in the City of Fairfield. Some other responsibilities might include confirming client eligibility, identifying support needs, assistance with recertification, other documents as required by TBRA and developing an individual housing support plan to maintain safe and stable tenancy after securing housing.
On October 23, 2024, HSD received four applications for Unsheltered Outreach Services and two applications for Tenancy Support Services. Of the four applications, one proposal was determined not to meet the requirements for unhoused street outreach or tenancy support services.
Outreach Services Total Amount Requested
Caminar $750,000
Change and New Beginnings (CANB) $750,000
Mission Samoa $200,000
Nuway Express $843,500
Tenancy Support Services Total Amount Requested
Caminar $200,000
Change and New Beginnings $200,000
On November 12, 2024, a Rank and Review Panel, consisting of HSD, Fairfield Police Department Homeless Intervention Team (HIT), Housing Services Department, Fairfield Fire Department, Public Works Homeless Engagement and Response Team (HEART), Community Development and an individual with lived experience in the City of Fairfield met by Zoom. The Panel independently reviewed and scored all applications following the scoring criteria as outlined in the RFP prior to the meeting. After meeting to discuss the applications, the Panel recommended funding Caminar for Tenancy Support Services.
Caminar and CANB were ranked as top two candidates for Unsheltere d Street Outreach. The Panel recommended an in-person interview with the two agencies for Unsheltered Street Outreach Services requesting a modified budget and to ask clarifying questions.
Unsheltered
Street Outreach
Services
Caminar CANB Missions Samoa Nuway
Initial Average
Score
82 73
0 Program not
eligible
36 Tenancy Support Services Caminar CANB
Initial Average Score 83 73
On November 14, 2024, the Rank and Review Panel conducted an in-person interview with the top two candidates (Caminar and CANB) for outreach services, consisting of HSD, HIT and the Housing Services Department to request modified budgets and ask clarifying questions regarding proposals. After the interviews, a rescore of the top two candidates was completed with Staff recommending Change and New Beginnings for Unsheltered Street Outreach Services.
Unsheltered Street Outreach
Services
Caminar CANB
Final Score 84 86
FINANCIAL IMPACT
This RFP will be funded by the General Fund, Homeless Services Division, for a total not -to-exceed amount of $750,000 for a three-year period and $200,000 State funds awarded to the Housing Services Department with funding period ending February 2027.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose alternative input, recommendation and direction for staff.
COORDINATED WITH
Community and Economic Development, Fire, Public Works, Police, and Housing Services.
STAFF CONTACT
April Cobb, Management Analyst
(707) 428-7609
[email protected]
ATTACHMENTS
N/A
Agenda Item No: L.2
AGENDA REPORT
DATE: December 3, 2024
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-278
Approving the Charter of the City of Fairfield Defined Contribution Retirement Plan Committee and Delegating Duties and Responsibilities over City-Sponsored Retirement Benefit Plans
Funding Source: N/A
Contact: Farbod Pirouzmand, (707) 428-7397
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Staff is requesting the City Council to approve the Charter of the City’s Defined Contribution Retirement Committee and Delegate amendment authority over the City’s 457(b) and 401(a) plans to the City's Defined Contribution Retirement Committee.
DISCUSSION
The City sponsors several defined -contribution retirement and retiree health savings plans for the benefit of eligible employees and retirees (collectively, the “Plans”).
Currently, these Plans comprise: (1) three “eligible deferred compensation plans” under section 457(b) of the Internal Revenue Code (“Code”), each administered by a different recordkeeper—CalPERS/Voya, Nationwide, and MissionSquare; (2) two retirement plans qualified under section 401(a) of the Code, with Nationwide serving as the recordkeeper for one plan and MissionSquare for the other; and (3) a retiree “health reimbursement arrangement” within the meaning of IRS Notice 2002 -45, also administered by MissionSquare.
The City of Fairfield Defined Contribution Retirement Committee (“Committee”) serves as the fiduciary oversight body for the Plans. The Committee’s responsibility encompasses the following functions, among others:
(i) determining eligibility of individuals to participate or remain a participant in the Plan; (ii) authorizing distributions to Plan participants;
(iii) maintaining all necessary records for the administration of the Plan; (iv) maintaining practices and procedures necessary to administer the Plan; (v) selecting the menu of investment funds to be offered under the Plan; and (vi) assisting participant with rights, benefits, or elections available under the Plan.
City staff contracted with the law firm Pillsbury Winthrop Shaw Pittman LLP (“Pillsbury”) to obtain legal guidance concerning the role of the Committee. Based upon Pillsbury’s guidance, staff recommends that the City Council adopt a charter formally outlining the Committee’s structure, its decision -making processes, and its responsibilities concerning the Plans.
Delegation of Authority to Amend the Plans
Under federal tax laws, the City must operate the Plans in accordance with their terms. From time to time, the City may need to amend the Plans. The reasons for amending are varied and may include, for example, to conform to changes in the laws governing the Plans (most common), or to increase or decrease benefits in accordance with changes to an employee bargaining group’s Memorandum of Understanding (MOU) as approved by the City Council. Currently, only the City Council has the authority to adopt such amendments, even when they are routine or administrative.
The attached resolution delegates to the individual occupying the position of City Manager (now or in the future), or their designee, authority to adopt any amendment to the Plans, including any future iteration of the Plans, that is administrative in nature and meets one or more of the following criteria:
• The amendment does not increase the City or Plan’s costs. • The amendment is necessary or appropriate to comply with applicable laws. • The amendment is necessary or appropriate to maintain the Plan’s tax-advantaged status. • The amendment makes technical changes conforming the Plan’s terms to its operation. • The amendment clarifies the meaning of the Plan.
The City Council retains sole authority to adopt more substantive amendments that don’t meet the criteria described above.
FINANCIAL IMPACT
Adoption of this resolution does not have a financial impact on the City.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may not approve this charter and suggest staff to adopt more substantive amendments not described above.
COORDINATED WITH
N/A
STAFF CONTACT
Farbod Pirouzmand
(707) 428-7397
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Charter
CITY OF FAIRFIELD
RESOLUTION NO. 2024-278
APPROVING THE CHARTER OF THE CITY OF FAIRFIELD DEFINED CONTRIBUTION RETIREMENT
COMMITTEE AND DELEGATING AMENDMENT AUTHORITY OVER CITY-SPONSORED
RETIREMENT BENEFIT PLANS
WHEREAS, the City of Fairfield (the “City”) sponsors various defined-contribution retirement and retiree health savings plans (each a “Plan” and collectively, the “Plans”) for the benefit of eligible employees and retirees; and
WHEREAS, the City of Fairfield Defined Contribution Retir ement Committee (the “Committee”) serves as the fiduciary oversight body for the Plans; and
WHEREAS, City staff recommends that the City Council adopt the Charter of the City of Fairfield Defined Contribution Retirement Committee (the “Charter”), which se ts forth the duties of the Committee with respect to the Plans; and
WHEREAS, the Plans further provide that the council or its designee(s) has sole authority to amend the Plans; and
WHEREAS, City staff recommends that the council delegate authority to th e appropriate City officer to adopt certain amendments to the Plans; and
WHEREAS, the council carefully reviewed the recommendations of City staff and finds that such recommendations are desirable in the interest of maintaining an efficient municipal organization; and
WHEREAS, the council wishes to adopt the Charter and further wishes to delegate authority to the individual holding the position of city manager, now or in the future, to adopt certain amendments to the Plans.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council adopts the Charter of the City of Fairfield Defined Contribution Retirement Committee.
Section 2. The city manager, or their designee, is authorized to adopt amendments to the Plans, including any future iteration of the Plans, but only if the amendment is administrative in nature and meets one or more of the following criteria:
The amendment does not increase the City or Plan’s costs.
RES. NO. 2024-278
The amendment is necessary or appropriate to comply with applicable laws. The amendment is necessary or appropriate to maintain each Plan’s tax- advantaged status.
The amendment makes technical changes conforming the Plan’s terms to its operation.
The amendment clarifies the meaning of the Plan.
PASSED AND ADOPTED this 3rd day of December 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
1 CHARTER OF THE
CITY OF FAIRFIELD DEFINED CONTRIBUTION RETIREMENT COMMITTEE
ADOPTED: _______________________, 2024
AMENDED: N/A
I. INTRODUCTION
This Charter sets forth the rights, powers, responsibilities, and obligations of the City of Fairfield Defined Contribution Retirement Committee (the “Committee”), which serves as the fiduciary oversight body for the City of Fairfield’s Defined Contribution retirement savings plans and Retirement Health Plan (each a “Plan” and, collectively, the “Plans”). The Committee is charged with carrying out the duties specified in this Charter in accordance with and subject to the documents governing the Plans.
II. MEMBERSHIP OF THE COMMITTEE
The Committee will comprise voting members consisting of the individuals who hold the following positions with the City: City Manager as Committee Chair, Assistant City Manager, Director of Finance, Director of Human Resources, or successor positions as confirmed by a quorum of the Committee, and five representatives from the City of Fairfield employee associations, as delegated by the president of each association: Fairfield Professional Firefighters’ Association, Fairfield Fire Managers’ Association, Fairfield General Management Association, and Fairfield Employees’ Association. The Fairfield Police Officers’ Association and the Fairfield Police Management Association will have one representative on this committee. Should any individual in these roles cease to hold their position, that individual’s successor will automatically assume membership on the Committee.
Committee members will serve without additional compensation. All reasonable out-of- pocket expenses of the Committee will be paid by the City in accordance with its standard reimbursement policies unless paid from Plan assets.
III. COMMITTEE ACTION
Should the Committee Chair not be able to attend a Committee meeting, they may delegate the position of Chair in writing in advance of the meeting to another Committee member.
The City’s Director of Human Resources will serve as Secretary of the Committee. The Secretary shall keep minutes of the Committee’s proceedings and be responsible for the data, records, and documents pertaining to the Committee’s duties associated with the Plans.
With respect to any matter brought to the Committee for a vote, each member is entitled to one vote.
2 The Committee shall act by a majority of its members, and such action may be taken either by a vote at a meeting with at least three members present physically or through teleconferencing. The Chairperson is authorized to execute any document related to the ongoing administration of the Plan, such as the Investment Policy Statement.
The Committee will meet at least twice per calendar year. At least once per calendar year, the Committee shall present a report to the City summarizing the Committee’s activities regarding its administrative and investment responsibilities under this Charter.
IV. ADMINISTRATION OF PLANS
The Committee shall act with the authority and discretion to control oversight of the administration of the Plans and will have all powers necessary to accomplish these purposes.
The responsibility and authority of the Committee will include the following:
A. To determine the investment options offered to participants of the Plans pursuant to Section V below.
B. To review the performance of all service providers engaged in the administration of the Plans.
C. To interpret the provisions of the Plans and publish rules and regulations that are deemed necessary, within the scope of the Committee, and not inconsistent with the terms of the Plans.
D. To prepare and monitor budget for the Plans regarding payment of the Plans’ expenses to the extent not paid by the City.
E. To engage all service providers necessary or desirable for the administration of the Plans including a consultant(s), record keeper(s), third-party administrator(s), trustee(s), custodian(s), insurance company(ies), regulated investment company(ies) and/or other such service provider(s) as shall be necessary or appropriate for the administration and operation of the Plans.
F. To provide recommendations to the City Council regarding the operation of the Plans.
G. To disseminate Plan benefit information to all current and prospective participants of the Plans and inform all eligible City employees of the benefits offered by the Plans.
H. To make determinations relating to the eligibility of employees to participate in the Plans.
3 I. To calculate and certify to the amount and kind of benefits payable to any participant, spouse or beneficiary.
J. To authorize disbursements from and transfer of the Plan assets.
K. To maintain all necessary records for the administration of the Plans.
L. Any other responsibilities and authorities necessary to facilitate the proper administration and operation of the Plans.
V. INVESTMENT OF PLAN ASSETS
The Committee is responsible for reviewing the Plans’ investment performance and the Plans’ investment options offered in accordance with the Plans’ Investment Policy Statement. The Committee will also make changes to the investment offerings as provided under each Plan’s Investment Policy Statement and as warranted.
The Committee has the following responsibilities related to investment of the Plans’ assets:
A. Selecting the investment design features of the Plans. This includes establishing:
1. The investment guidelines and objectives,
2. The number and types of investment alternatives available to Plan participants, and
3. Participant investment procedures;
B. Appointing, monitoring and evaluating all investment fund options in accordance with guidelines and benchmarks established within this document and consistent with applicable laws;
C. Monitoring costs charged to the Plans assets or paid by the Plans’ participants, including, but not limited to, investment management fees, trustee fees and fees paid to other service providers for the Plans;
D. Providing general investment information to the Plans’ participants regarding the procedures for making investment choices under the Plans and general investment information regarding each of the investment options offered under the Plans; and
E. Ensuring the service providers to the Plans are providing education to the Plans’ participants.
Additional information regarding the Plans’ investments may be found in the Investment
4 Policy Statement.
VI. ALLOCATION AND DELEGATION OF RESPONSIBILITY
The Committee may, by written rule or by its minutes, allocate responsibilities among Committee members and may delegate to persons other than Committee members the authority to carry out responsibilities under the Plan. If a responsibility is allocated to a Committee member or delegated to a non-committee member, no other Committee member will be liable for any act or omission of that person in carrying out such responsibility except as may otherwise be required by law.
The Benefits/Employee Relations Division will be tasked with managing the day-to-day activities related to the Plan. These tasks are ministerial and non-fiduciary.
VII. INDEMNIFICATION
The City shall indemnify and defend individual Committee members through its liability insurance generally and its errors and omissions insurance policy specifically as well as pursuant to California Government Code, including but not limited to Government Code sections 825 and 995.
VIII. STANDARD OF CARE
The Committee shall discharge its duties with respect to the Plans in such a manner as to comply with applicable law and regulations, including article 16, section 17 of the California Constitution.
IX. PLAN DOCUMENTS
The Plans are governed by and administered under plan documents and trust agreements.
These documents and trust agreements, together with any other formal documents maintained for the operation and administration of the Plans, will be on file in the permanent records of the Committee and will be available for inspection by Plan participants during business hours within the Human Resources Department.
5 X. AMENDMENT
This Charter may be amended by a majority vote of the City Council of the City of Fairfield executed by the City Clerk.
Effective this day of _______________, 2024.
By:
Title:
Dated
As of the adoption of this Charter, the active Plans and their current recordkeepers are listed below; subject to change and subject to the authority of this Charter:
Two 401(a) defined contribution plans:
o Fairfield 401(a) General Managers (MissionSquare)
o City of Fairfield Management (Nationwide)
Three 457(b) eligible deferred compensation plans:
o City of Fairfield 457(b) Deferred Compensation Plan (MissionSquare) o City of Fairfield 457(b) Deferred Compensation Plan (Nationwide) o California Public Employees' Deferred Compensation Plan (Voya) A retiree HRA: VantageCare Retirement Health Savings Plan (MissionSquare)
Agenda Item No: M.1
AGENDA REPORT
DATE: December 3, 2024
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2024-279
Making Findings Required Under Government Code Section 4217.10 to 4217.18; Authorizing the City Manager to Enter into an Energy Savings Performance Contract with Willdan Energy Solutions for Efficiency and Infrastructure Improvement Projects; Authorizing Staff to Negotiate a Financing Plan Not- to-Exceed $23,000,000; Updating the 5 -Year Capital Improvement Plan to Include the Energy Conservation Project – Phase 1; and Authorizing an Update to the Fiscal Year 2024-2025 Budget
Funding Source: $31,579,787 ($2,519,000, Bedroom Tax; $2,401,308, AB1600 Government Facilities; $2,140,000, Construction License; $1,318,000, Civic Center Improvements; $310,000 – Transit)
Contact: Marisa Cumpian, (707) 428-7494
RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
The City of Fairfield selected Willdan Energy Solutions (WES) through a competitive Request for Qualifications (RFQ) process to support the City with energy conservation design-build services. WES has completed the Investment Grade Audit (IGA), which includes an in-depth analysis of the financial aspects of energy savings and return on investment from changes or upgrades to City facilities that ar e in alignment with addressing core infrastructure needs, deferred maintenance, and efficiency improvements.
DISCUSSION
The scopes of work identified as the Energy Conservation Project – Phase 1 (Project) are a result of recommendations from the IGA. They prioritize measures that include time restricted incentives (i.e.
NEM 2.0 tariff for solar) and for equipment and upgrades based on systems in various states of failure and end of life.
The Project includes the replacement of aged and maintenance inte nsive heating, ventilation, and air conditioning (HVAC) systems at five facilities, the installation of solar photovoltaic (PV) systems at seven facilities, and the conversion of lighting to light -emitting diode (LED) systems at 25 facilities. It also includes modifications and modernization of the Central Utility Plant, which provides power to the City Hall Campus, and the retro commissioning, controls integration, and roofing replacements at City Hall and the Rancho Solano Golf Course. Additional upgrades include updated irrigation controls for parks, two new dehumidifier units at the Allan Witt Aquatics Complex, and domestic water heater upgrades.
Solar PV Locations:
Allan Witt Aquatics Complex
Allan Witt Sports Center
Art Koch Range & Training Facility
Cordelia Library
Corporation Yard
Fairfield Transportation Center
Fire Station 41
Funding
The total cost of the Project is $31,579,787, which includes $1,581,723 in a management reserves budget which may not be spent if the Project does not require it. If all measures are constructed, and we receive the anticipated $2.4 million of federal tax credits, there are anticipated lifetime (30 year) savings of $47.9 million, with net lifetime Project savings of $4.3 million to $17.9 million.
Staff has identified approximately $8.7 million in capital outlay within the fiscal year (FY) 2024 -2025 Budget and intends to seek financing to fund the remaining balance of $22,891,479. Staff anticipates exploring 0% on-bill financing and Tax-Exempt Lease Purchase (TELP) financing options and will present the financing plan and associated documents to the City C ouncil for approval at a future meeting.
However, to secure the Project and approve the Energy Savings Performance Contract, staff seeks authorization to negotiate a financing plan with an amount not to exceed $23,000,000. The annual impact to the general fund for the repayment on a financing plan could range from a net cost of $300,000 to $500,000 per year for the first 5 -8 years. An alternative financing plan could result in an annual cash flow positive to the general fund of $200,000 to $300,000 for the life of the loan but would add an additional estimated cost of $1,000,000 to $2,000,000.
Findings
As required by California Government Code Secti on 4217.10-4217.18, the council may by Resolution authorize the City to enter into an Energy Savings Performance Contract if the Council determines it is in the best interest of the City to do so, and the Council finds and adopts the required findings.
The findings shall provide the following:
That the anticipated cost of implementing the energy-related improvements will be less than the anticipated marginal cost of the thermal, electrical, or other energy the City would have
consumed in the absenc e of purchasing the energy improvements. The findings would also indicate that the City selected WES to perform future phases of energy conservation projects associated with the IGA.
That the difference, if any, between the fair rental value for any real property subject to a facility ground lease and the agreed rent is anticipated to be offset by below -market energy purchases or other benefits provided under the energy service contract.
That funds for the repayment of the financing or the cost of design, construction, and operation of the energy conservation facility, or both, as required by the contract are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or from funding that otherwise would have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility, or both.
Recommendation
Staff recommends that the council proceed as follows:
Adopt Required Findings Under Government Code Section 4217.10 - 4217.18; and Authorize the City Manager to Execute the Energy Savings Performance Contract with WES; and Authorize Staff to Negotiate a Financing Plan with an Amount Not to Exceed $23,000,000; and Update the 5-Year Capital Improvement Plan to Include the Energy Conservation Project – Phase 1; and
Authorize an Update to the Fiscal Year 2024-2025 Budget.
FINANCIAL IMPACT
The Project was not included in the FY 2024 -2025 Capital Budget. This requires a budget adjustment to transfer $8,688,308 from $2,519,000 – Bedroom Tax (Fund 165); $2,401,308 – AB1600 Government Facilities (Fund 262); $2,140,000 – Construction License (Fund 164); $1,318,000 – Civic Center Improvements (Fund 532); $310,000 – Transit (Fund 451 and 452) to the Public Buildings Capital Fund (Fund 254). This will result in an increase in appropriations to the Project (CPW010107).
Staff has confirmed that adequate funding exists in Funds 164, 165, 262, 451, 452, 532; however, this will reduce the amount available in future years for transfers to the General Fund.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The council authorized the city manager to issue a notice to proceed to WES to perform an IGA at the May 16, 2023, meeting and receiv ed status updates on the progress at public meetings on September 19, 2023, and June 18, 2024.
The Public Hearing Notification for tonight’s meeting was published in the Daily Republic on Sunday, November 17, 2024, and again on November 24, 2024.
ALTERNATIVE ACTION
Staff is seeking council direction.
COORDINATED WITH
City Attorney’s Office, City Manager’s Office, and Finance
STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 428-7494
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2024-279
MAKING FINDINGS REQUIRED UNDER GOVERNMENT CODE SECTION 4217.10 TO 4217.18,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENERGY SAVINGS PERFORMANCE
CONTRACT WITH WILLDAN ENERGY SOLUTIONS FOR EFFICIENCY AND INFRASTRUCTURE IMPROVEMENTS PROJECTS; AUTHORIZING STAFF TO NEGOTIATE A FINANCING PLAN NOT TO EXCEED $23,000,000; UPDATING THE 5-YEAR CAPITAL IMPROVEMENT PLAN TO INCLUDE THE ENERGY CONSERVATION PROJECT – PHASE 1; AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET
WHEREAS, the City of Fairfield selected Willdan Energy Solutions (W ES) through a competitive Request for Qualifications process to support the City with energy conservation design -build services; and
WHEREAS, WES has completed the Investment Grade Audit (IGA) , which includes an in -depth analysis of the financial aspects of energy savings and return on investment from changes or upgrades to City facilities that are in alignment with addressing core infrastructure needs, deferred maintenance, and efficiency improvements; and
WHEREAS, the scopes of work identified as the Energy Conservation Project – Phase 1 (Project) are a result of recommendations from the IGA, which prio ritize measures that include time- restricted incentives for equipment and upgrades based on systems in various states of failure and end of life; and
WHEREAS, California Government Code Section 4217.10 to 4217.18, authorizes the City to enter into an Energy Savings Performance Contract for the implementation of energy -related improvements if the City Council finds that it is in the best interest of the City to enter into such agreement and that the anticipated cost to the City for thermal or electrical energy or conservation se rvices provided by WES under the contr act will be less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence of those purchases; and
WHEREAS, WES has already been chosen to perform future phases of the energy conservation projects associated with the IGA; and
WHEREAS, the anticipated cost to the City for thermal or electrical energy or conservation services provided under the proposed Energy S avings Performance Contract will be less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence of the implementation of the improvements under the Energy Savings Performance Contract; and
RES. NO. 2024-279
WHEREAS, the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent is anticipated to be offset by below -market energy purchases or other benefits provided under the energy service contract; and
WHEREAS, the total cost of the Project is $31,579,787, and if all measures are constructed, the anticipated lifetime (30-year) incentives and savings are estimated at $47.9 million with a net lifetime Project savings of $4.3 million to $17.9 million; and
WHEREAS, staff has identified approximately $ 8.7 million in capital outlay within the fiscal year (FY) 2024-2025 Budget; and
WHEREAS, funding was not allocated for this Project in the City’s approved FY 2024-2025 Budget, thus requiring a budget adjustment of $8,688,308; and
WHEREAS, the revised appropriation constitutes an update to the FY 2024-2025 Budget approved pursuant to Resolution No. 2023-149; and
WHEREAS, staff anticipates financing the remaining $22,891,479; and
WHEREAS, the annual impact to the general fund for the repayment on a financing plan could range from a net cost of $300,000 to $500,000 per year for the first 5-8 years; and
WHEREAS, an alternative financing plan could result in an annual cash positive to the general fund of $200,000 to $300,000 for the life of the loan; however, would add an additional estimated cost of $1,000,000 to $2,000,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council finds that it is in the best interest of the City to enter into the Energy Savings Performance Contract , a Facility Financing Contract, and a ny necessary Facility Ground Lease, and that the terms set forth in this resolution are in the best interest of the City.
Section 2. The City finds that t he anticipated cost to the City for the thermal or electrical energy or conservation services prov ided under said contract will be less than the anticipated marginal cost to the City of thermal , electrical, or other energy work that would have been consumed by the City in the absence of the implementation of the improvements under the Energy Savings Performance Contract, and , therefore, this City hereby declares its intention to enter into the Energy Savings Performance Con tract with WES for energy conservation services for the City facilities defined within.
RES. NO. 2024-279
Section 3. The City further finds that t he difference, if any, between the fair rental value for any real property subject to a facility ground lease and the agreed rent is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract.
Section 4. The City further finds that funds for the repayment of the financing or the cost of design, construction, and operation of the energy conservation facility, or both, as required by the contract are projected to be available from revenues resultin g from sales of electricity or thermal energy from the facility or from funding that otherwise would have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility, or both.
Section 5. The council hereby approves an increase in appropriations of $31,579,787 to Public Buildings Capital Fund (Fund 254; CPW010107) to be funded by the following: $2,519,000 Bedroom Tax (Fund 165), $2,401, 308 AB 1600 Government Facilities (Fund 262), $2,140,000 Construction License Tax (Fund 164), $1,318,000 Civic Center Improvement Fund (Fund 532), and $310,000 Transit (Fund 451 and Fund 452). The remaining balance will be funded via a financing plan.
Section 6. The city manager or designees are authorized to negotiate a Financing Plan with an amount not-to-exceed $23,000,000 and provide such information and assurances required for loan application(s).
Section 7. The city manager is authorized to update the 5 -Year Capital Improvement Plan to include the Energy Conservation Project – Phase 1.
Section 8. The city manager or designee is hereby authorized to do all things necessary to implement this resolution.
RES. NO. 2024-279
PASSED AND ADOPTED this 3rd day of December 2024, by the following vote:
AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / VACCARO / WILLIAMS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
CITY CLERK
Energy Savings Performance Contract | Page 1
3767-1001 / 2408747.2
ENERGY SAVINGS PERFORMANCE CONTRACT
This Energy Savings Performance Contract (together with its attached Schedules and Exhibits, the “Contract”) is made and entered into as of this 3rd day of December 2024, (the “Effective Date”), between Willdan Energy Solutions, a California corporation with California state contractor’s license number 1065713 (“WES”), and City of Fairfield (“Customer”). Each of WES and Customer may be referred to in this Contract as a “Party” and collectively as the “Parties.” The purpose of this Contract is for WES to implement energy savings efficiency measures, or other operating cost saving measures and equipment, as well as energy generation measures, as described in Schedule A (Scope of Work), with respect to the Customer’s facilities (the “Premises”). The Contract will also set forth the terms and conditions under which WES will implement such measures, and any other services agreed by WES and Customer, all of which will be designed to save energy or other operating costs at the Premises (collectively, the “Project”).
RECITALS
WHEREAS, Customer owns and operates the Premises, and is in need of energy-saving equipment and services designed to reduce energy consumption and costs for the Premises, as well as improve energy quality and reliability for the Premises;
WHEREAS, WES has made a preliminary assessment of the energy consumption characteristics of the Premises, and the existing equipment (the “Preliminary Assessment”) and has presented the Preliminary Assessment, on an arms’ length basis, to personnel of Customer with requisite technical training and experience, for those personnel to make judgments and determinations as to the desired scope of work; WHEREAS, in the Preliminary Assessment , WES identified potential energy and operational savings opportunities at Customer’s Facilities and estimated program costs to implement energy-efficiency- and energy-generation-measures and presented an overall potential energy cost and consumption savings for implementing those recommendations;
WHEREAS, Customer has determined that the anticipated cost to Customer to implement the energy-savings Project will be less than the anticipated cost to Customer for thermal, electrical, and other energy, together with anticipated operational, maintenance and other costs, that would have been consumed by Customer in the absence of the energy-savings Project, in compliance with California Government Code §§4217.10 through 4217.18;
WHEREAS, pursuant to California Governm ent Code §4217.12, Customer held a regularly scheduled public hearing on December 3, 2024 , of which two weeks advance public notice was given regarding this Contract and its subject matter;
WHEREAS, Customer has determined that entering into this Contract to implement the Project is in the best interests of Customer and that California Government Code §4217.10 et seq. allows Customer to enter into this Contract;
WHEREAS, Customer now desires to retain WES to further develop certain energy efficiency measures as well as certain energy generation measures, and in compliance with California Government Code §§4217.10 through 4217.18 , to design, engineer, procure, construct , install, and commission such energy efficiency measures and energy generation meas ures, all as described in that certain Schedule A (Scope of Work), attached hereto and made a part hereof, as well as to provide other services for the purpose of achieving energy and operational savings for the Premises, as more fully set forth herein; WHEREAS, by adoption of Resolution No. 2024-XXX at the above-referenced meeting, Customer approved this Contract and authorized its execution; and
Energy Savings Performance Contract | Page 2
3767-1001 / 2408747.2
WHEREAS, Customer is authorized under the laws of the State of California to enter into this Contract for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound hereby, Customer and WES hereto covenant and agree as follows:
SECTION 1 ENERGY SAVINGS PERFORMANCE CONTRACT (ESPC) DOCUMENTS Section 1.1. The ESPC Documents (hereinafter, “ESPC Documents”) consist of this Contract, other documents listed in this Contract, and Modifications issued after execution of this Contract. A “Modification” is a written amendment to the Contract , and/or a supplemental Scope of Work and Energy Savings Guarantee subject to this Contract, signed by both Parties. A change order is a Modification.
Section 1.2. The ESPC Documents represent the entire and integrated agreement between the Parties and supersede prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The ESPC Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Customer and WES.
Section 1.3. In accordance with California Government Code §1097.6(c)(1), WES’s duties and services under this Contract shall not include preparing or assisting Customer with any portion of Customer’s preparation of a request for proposals, request f or qualifications, or any other solicitation regarding a subsequent or additional contract with Customer. Customer shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. WES’s partic ipation in the planning, discussions, or drawing of project plans or specifications for any subsequent or additional contract shall be limited to conceptual, preliminary, or initial plans or specifications. WES shall cooperate with Customer to ensure that bidders (if Customer elects to utilize a bidding process ) for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by WES pursuant to this Contract.
Section 1.4. Schedules and Exhibits. WES has prepared, and Customer has approved and accepted, the Exhibits and Schedules set forth below, copies of which are attached hereto and made part of this Contract by reference.
SCHEDULES
Schedule A Scope of Work
Schedule B Compensation to WES
Schedule C Additional Responsibilities
Schedule D Insurance Requirements
EXHIBITS
Exhibit 1 Completion Form Templates
Schedule 1-A Certificate of Substantial Completion
Schedule 1-B Certificate of Acceptance – Final Completion Exhibit 2 Form of Energy Savings Guarantee, including the following Schedules (the “Energy Savings Guarantee”):
Schedule 2-A Baseline Energy Consumption
Schedule 2-B Savings Measurement & Calculation Formulae; Methodology to Adjust Baseline
Energy Savings Performance Contract | Page 3
3767-1001 / 2408747.2
SECTION 2 THE WORK
Section 2.1. The term “Work” means the investigation, design, engineering, construction, installation, commissioning and related services required to fulfill WES ’s obligations under the ESPC Documents, whether completed or partially complete d, and includes all labor, materials, equipment , and services provided or to be provided by WES.
Section 2.2. WES shall fully execute the Work described in the ESPC Documents, except to the extent specifically indicated in the ESPC Documents to be the responsibility of others.
Section 2.3. WES shall perform all Work through sub-contractors or through WES’s own forces.
Section 2.4. WES shall perform the Work in accordance with sound engineering and safety practices, in compliance with any and all reasonable rules of Customer relative to the Pre mises, and in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities in effect on the Effective Date or the date of a Modification, as applicable. If WES performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, WES shall assume responsibility for such Work and shall bear the costs attributable to correction.
SECTION 3 PHASES OF THE WORK
Section 3.1. The Work shall be performed in phases , including: the Construction Phase (and construction of any additional phases pursuant to a supplemental Scope of Work or Modification), and the corresponding Energy Savings Guarantee Phase, each as outlined in the applicable Scope of Work or Modification.
(a) The Construction Phase will commence upon the issuance of a formal Notice to Proceed (NTP) following execution of this Contract.
(b) The Guarantee Phase for any Scope of Work or Modification will commence upon the execution of an Energy Savings Guarantee in the form of Exhibit 2, for such Scope of Work or Modification, following the execution of the Certificate of Acceptance – Final Completion in the form of Schedule 1-B, corresponding to such Scope of Work or Modification.
Section 3.2. The Scope of Work for each phase of the Work will be defined in the applicable Schedule A (Scope of Work) (the “Scope of Work”). The fee for each phase of the Work will be defined in the applicable Schedule B (Compensation to WES) (the “Compensation Schedule”).
SECTION 4 FEES FOR THE WORK; PAYMENTS
Section 4.1. Customer will pay WES for the performance of the Work in accordance with the Compensation Schedule.
Section 4.2. Billing Information Procedure . Payments due to WES shall be calculated each month and paid in accordance with the Compensation Schedule.
Section 4.3. Payment. Customer shall pay WES within forty-five (45) days of receipt of WES’s application for payment. Amounts unpaid thirty (30) days after the invoice date shall bea r interest at 1.5% per month.
SECTION 5 FISCAL FUNDING
Section 5.1. Non-appropriation of Funds . In the event no Customer funds (or other funds ), or insufficient Customer funds (or other funds), are appropriated and budgeted for any future fiscal period in which payment will be due to WES under this Contract, and funds are otherwise unavailable by any means whatsoever in such future fiscal period, then the Customer will, not less than thirty (30) days prior to the
Energy Savings Performance Contract | Page 4
3767-1001 / 2408747.2
beginning of such future fiscal period, notify WES in writing of such occurrence , and this Contract shall terminate on the last day of the fiscal period for which appropriations were made, without penalty or expense to the Customer of any kind whatsoever, except as t o the portions of payments herein agreed , for which Customer funds and/or other funds shall have been appropriated and budgeted or are otherwise available.
SECTION 6 ENERGY USAGE RECORDS AND DATA
Section 6.1. Customer has furnished or shall furnish (or cause its energy suppliers to furnish) to WES, upon its request, all of Customer’s records and complete data concerning energy usage and energy- related maintenance for the Premises, including the following data for the most curre nt twenty-six (26) month period: utility records; occupancy information; descriptions of any changes in the building structure or its heating, cooling, lighting , or other systems or energy requirements; descriptions of all energy consuming or saving equipment used in the Premises; bills and records relatin g to maintenance of energy- related equipment, and a description of energy management procedures presently utilized. If requested, Customer shall also provide any prior energy audits of the Premises, and copies of Customer ’s financial statements and records related to energy usage and operations for the most current twenty-six (26) month period at the Premises, and shall make agents and employees familiar with such records available for consultations and discussions with WES.
SECTION 7 REPRESENTATIONS AND WARRANTIES
Section 7.1. Each Party warrants and represents to the other that:
(a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and deliver this Contract and perform its obligations hereunder; (b) its execution, delivery, and performance of this Contract have been duly authorized by, or are in accordance with, its organic instruments, and this Contract has been duly executed and delivered for it by the signatories so authorized, and constitutes its legal, valid, and binding obligation; (c) its execution, delivery, and performance of this Contract will not breach or violate, or constitute a default under any Contract, lease or instrument to which it is a party or by which it or its properties may be bound or affected; and
(d) it has not received any notice, nor to the best of its knowledge , is there pending or threatened any notice, of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards, permits or orders which would materially and adversely affect its ability to perform hereunder.
SECTION 8 ADDITIONAL REPRESENTATIONS OF THE PARTIES
Section 8.1. Customer hereby warrants, represents and promises that it has provided , or shall provide timely, to WES all records relating to energy usage and energy-related maintenance of the Premises requested by WES and the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Contract will be, true and accurate in all material respects.
Section 8.2. WES hereby warrants, represents and promises that:
(a) it is properly qualified, licensed and equipped to supply and perform the Work in the State of California;
(b) it shall make available, upon reasonable request, all documents relating to its performance under this Contract, including all contracts and subcontracts entered into; (c) it shall use qualified subcontractors and delegates, appropriately registered, licensed and bonded in this state , to perform the Work so subcontracted or delegated pursuant to the terms hereof; and
Energy Savings Performance Contract | Page 5
3767-1001 / 2408747.2
(d) it is financially solvent, ab le to pay its debts as they mature and possessed of sufficient working capital to complete the Work and perform its obligations under this Contract.
SECTION 9 PERFORMANCE BY WES
Section 9.1. WES shall perform all tasks/phases under the Contract, including the Construction Phase, in such a manner so as not to harm the structural integrity of the buildings or their operating systems.
WES shall repair and restore to its original condition any area of damage caused by WES’s performance under this Contract. Customer reserves the right to review the Work performed by WES and to direct WES to take certain corrective action if, in the reasonable opinion of the Customer, the structural integrity of the Premises or its operating system is or will be harmed. All costs associated with such c orrective action to damage caused by WES’s performance of the Work shall be borne by WES.
Section 9.2. WES shall remain responsible for the professional and technical accuracy of all Work performed, whether by WES or its subcontractors or others on its behalf, throughout the term of this Contract.
SECTION 10 OWNERSHIP
Section 10.1. Ownership of Certain Proprietary Property Rights. Customer shall not, by virtue of this Contract, acquire any interest in any formulas, patterns, devices, secret inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which are or may be used in connection with the Work. All data, reports, proposals, plans, specifications, flow sheets, drawings, and other products of the Work (the “Instruments of Service”) furnished directly or indirectly, in writing or otherwise, to Customer by WES under this Contract will remain WES’s property and may be used by Customer only for the Work. WES will be deemed the author and owner of such Instruments of Service and will retain all common law, statutory and other reserved rights, including copyrights. The Instruments of Service may not be used by Customer for future additions or alterations to the Project or for other projects, without the prior written agreement of WES. Any unauthorized use of the Instruments of Service will be at Customer’s sole risk and without liability to WES. If Customer uses the Instruments of Service for implementation purposes, including additions to or completion of the Project, without the written permission of WES, Customer agrees to waive and release, and indemnify and hold harmless, WES, its subcontractors, and their directors, employees, subcontractors, and agents from any and all claims, l osses, and other liabilities associated with or resulting from such use.
Section 10.2. Ownership of Existing Equipment . Ownership of the equipment a nd materials presently existing at the Premises at the time of execution of this Contract shall remain the property of the Customer even if it is replaced or its operation made necessary by work performed by WES pursuant to this Contract. If applicable, WES shall advise the Customer in writing of all equipment and materials to be replaced at the Premises and the Customer within thirty (30) days designate in writing to WES which equipment and material that should not be disposed of off -site by WES. It is understood and agreed to by both Parties that he Customer shall be responsib le for and designate the location and storage for any equipment and materials that should not be disposed of off-site. WES shall be responsible for the disposal of all equipment and materials designated by the Customer as disposable off -site in accordance with all applicable laws and regulations regarding such disposal.
Section 10.3. New Equipment. All new equipment or materials supplied to the Customer shall become the property of the Customer.
SECTION 11 INDEMNIFICATION
Section 11.1. WES shall save and hold harmless Customer and its officers, agents and employees or any of them from any and all third-party claims, demands, actions or liability of any nature, to the extent based upon or arising out of WES’s negligence or other wrongful conduct in any Work performed by WES,
Energy Savings Performance Contract | Page 6
3767-1001 / 2408747.2
its agents or employees under this Contract, excepting liabilities to the extent due to the negligence or willful misconduct of the indemnified party.
Section 11.2. The liability of a defaulting Party will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense.
SECTION 12 CONDITIONS BEYOND CONTROL OF THE PARTIES
Section 12.1. WES shall notify Customer in writing immediately of any delay or anticipated delay in WES’s performance of this Contract due to causes or circumstances beyond the reasonable control of WES. Notice shall include the reason for and anticipated length of the delay , and the date of performance shall be extended for a period equal to the time lost by reason of the delay. WES may be entitled to additional compensation due to any such extension of time. Any extension of time pursuant to this Section 12.1 shall be documented by a Modification signed by the Parties. Examples of such possibly excusable delays are natural calamities, strikes and boycotts, war or civil unrest or governmental actions and other events that are commonly deemed force majeure events.
SECTION 13 EVENTS OF DEFAULT
Section 13.1. Events of Default by Customer . Each of the following events or conditions shall constitute a “Customer Event of Default”:
(a) any failure by Customer to pay any amount to WES which is not paid within five (5) days after written notification by WES that Customer is delinquent in making payment ; provided that WES is not then in default in its performance under the terms of this Contract; or (b) any other material failure by Customer to perform or comply with the terms and conditions of this Contract, inc luding breach of any covenant contained herein, provided that such failure continues for thirty (30) days after notice to Customer demanding that such failures to perform be cured, or if such cure cannot be effected in thirty (30) days, Customer shall not be in default if Customer commences a cure within such thirty (30) day period and diligently pursues completion thereof; or (c) any representation or warranty furnished by Customer in this Contract was false or misleading in any material respect when made.
Section 13.2. Events of Default by WES. Each of the following events or conditions shall constitute a “WES Event of Default”:
(a) any failure by WES to meet the standards of comfort and service set forth in Schedule C-3 due to failure by WES to properly design, install, maintain, repair or adjust the Equipment ; provided that such failure continues for thirty (30) days after notice to WES demanding that such standards be met, or if such failure cannot be cured within thirty (30) days, WES shall not be in default if WES commences a cure within such thirty (30) day period and diligently pursues completion thereof. (b) any other material failure by WES to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after notice to WES demanding that such failures to perform be cured , or if such cure cannot be effected in thirty (30) days, WES shall not be in default if WES commences a cure within such thirty (30) day period and diligently pursues completion thereof; (c) any representation or warranty furnished by WES in this Contract was false or misleading in any material respect when made; or
Energy Savings Performance Contract | Page 7
3767-1001 / 2408747.2
(d) the filing of a bankruptcy petition , whether by WES or its creditors against WES, which proceeding shall not have been dismissed within sixty (6 0) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of WES.
SECTION 14 REMEDIES UPON DEFAULT
Section 14.1. Remedies upon Default. All disputes shall be submitted to the individuals listed in Section 23 for resolution. In the event that a remedy acceptable to both Customer and WES cannot be found, either Party may seek mediation as outlined in Section 15.
SECTION 15 MEDIATION
Section 15.1. Any claims or actions (“Claims”) arising out of or related to the Contract shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either Party.
Section 15.2. The Parties shall endeavor to resolve their Claims by mediation which, unless the Parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association then in effect. Request for mediation shall be filed in writing with the other Party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the Parties or court order.
Section 15.3. The Parties shall share the mediator’s fee and any filing fees equally.
Section 15.4. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon.
Section 15.5. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
SECTION 16 LIENS
Section 16.1. WES will promptly pay, when due, all amounts payable for labor and materials furnished in the performance of this Contract and will endeavor to prevent any lien or other claim from arising against any Customer property, against WES’s rights to payments hereunder, or against Customer.
SECTION 17 INDEPENDENT CAPACITY OF WES
Section 17.1. The Parties hereto agree that WES, and any agents and employees of WES, is acting in an independent capacity in the performance of this Contract, and not as a public official, officer, employee, consultant, or agent of Customer for purposes of conflict of interest laws or any other applicable law.
SECTION 18 NO WAIVER
Section 18.1. The failure of WES or Customer to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of either Party’s right to thereafter enforce the same in accordance with this Contract in the event of a continuing or subsequent default on the part of WES or Customer.
SECTION 19 SEVERABILITY
Section 19.1. In the event that any clause or provision of this Contract or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the
Energy Savings Performance Contract | Page 8
3767-1001 / 2408747.2
validity or enforceability of the remaining portions of this Contract unless the result would be manifestly inequitable or unconscionable.
SECTION 20 COMPLETE AGREEMENT
Section 20.1. This Contract, when executed, together with all Exhibits and Schedules attached hereto or to be attached hereto, as provided for by this Contract, shall constitute the entire agreement between the Parties and this Contract may not be amended, modified, or terminated except by a written Modification signed by the Parties hereto.
SECTION 21 FURTHER ASSURANCES
Section 21.1. The Parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Contract.
SECTION 22 APPLICABLE LAW; VENUE
Section 22.1. This Contract and the construction and enforcea bility thereof shall be interpreted under the laws of the State of California. Any dispute arising out of or relating to this Contract shall be brought in the Superior Court of California, County of Solano, or the United States District Court for the Eastern District of California.
SECTION 23 NOTICE
Section 23.1. Any notice required or permitted hereunder shall be deemed sufficient if given in writing and delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or delivered to a n ationally recognized express mail service, charges prepaid, receipt obtained, to the address shown below or to such other persons or addresses as are specified by similar notice.
TO WES: TO CUSTOMER:
Willdan Energy Solutions [City of Fairfield]
Attention: Micah Chen Attention: David Gassaway
2401 East Katella Avenue, Suite 300 1000 Webster Street Anaheim, CA 92806 Fairfield, CA 94533
SECTION 24 HEADINGS
Section 24.1. Headings and subtitles used throughout this Contract are for the purpose of convenience only, and no heading or subtitle shall modify or be used to interpret the text of any section.
SECTION 25 INSURANCE
Section 25.1. WES shall procure and maintain in effect insurance coverage as set forth Schedule D (Insurance Requirements), attached hereto and incorporated herein.
SECTION 26 EPACT 179D
Section 26.1. To encourage the implementation of a more energy-efficient system, Section 179D of the Internal Revenue Code provides for the allocation of a tax deduction based on the efficiency of the design. Since a public entity is exempt from paying taxes, the Internal Revenue Code permits this allocation to be passed along to the designer of the system as an additional incentive to incorporate the most efficient system affordable. Accordingly, once the building/system is placed into service, it is understood and agreed that the tax deduction granted pursuant to Section 179D of the Internal Revenue Code will be allocated to WES, in consideration of which WES intends to maximize the energy efficiency of the design being contracted.
Energy Savings Performance Contract | Page 9
3767-1001 / 2408747.2
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this Contract by their duly authorized officers as of the Effective Date.
WES CUSTOMER
Signed Signed
Name Name
Title Title
Energy Savings Performance Contract | Page 11
3767-1001 / 2408747.2
SCHEDULE A
SCOPE OF WORK
California State Contractor’s License Number 1065713
California Public Works Contractor Registration Number PW-LR-1001125693 This scope of work (“ Scope of Work ”) is attached to, and forms an integral part of, the Energy Savings Performance Contract (together with its Schedules and Exhibits, the “Contract”) between Willdan Energy Solutions (“ WES”) and Customer. Capitalized terms used and not defined in this Scope of Work have the meanings given them in the Contract.
The purpose of this Contract is for WES to implement energy savings efficiency measures, or other operating cost saving measures and equipment, as well as energy generation measures with respect to the Customer’s facilities (the “Premises”). The Contract also sets forth the terms and conditions under which WES will implement such measures, and any other services agreed by WES and Customer, all of which will be designed to save energy or other operating costs at the Premises (collectively, the “Project”).
Schedule A-1. CONTRACT TIME
(a) Date of commencement of construction will be based on the date of execution of this contract.
(b) The estimated contract duration is 730 calendar days from the date of commencement of construction.
(c) The anticipated Energy Savings Guarantee Commencement Date is the date of final completion.
(d) Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays beyond the control of WES shall not count toward the construction timeframe in this Schedule A-1.
Schedule A-2. ENGINEERING AND DESIGN SERVICES
(a) Engineering and Design. WES shall perform design required to develop the scope and solutions that meets energy and water savings Performance Contract Program Requirements as identified in Schedule A-4 and obtain permits.
(b) CEQA. Prior to any construction Work being performed, Customer, with the assistance of WES, will take all actions necessary to comply with the California Environmental Quality Act.
Schedule A-3. CONSTRUCTION PHASE SERVICES
(a) WES’s Construction Phase Responsibility.
WES shall supervise and direct the Work, using WES’s best skill and attention.
WES shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the ESPC Documents give other specific instructions concerning these matters.
WES shall schedule Work and coordinate Subcontractors and any other persons on the site of the Project.
WES will inspect the Work of each subcontractor for defective work, manage resolution of the defective work, and notify applicable subcontractor(s) to correct such defective work in a manner approved by the design team and Customer.
Energy Savings Performance Contract | Page 12
3767-1001 / 2408747.2
WES shall record the progress of the Project and provide reports to the Customer.
Such reports shall include, without limitation, information about variations between actual and budgeted or estimated costs and information on each subcontractor’s work, as well as completion status on the entire Project, showing percentages of completion.
With the cooperation of the Subcontractors, WES will prepare and maintain the Construction Schedule.
WES shall schedule and conduct preconstruction, progress, quality co ntrol and special meetings with the Customer, designers, the subcontractors and any other parties involved in the Project to discuss such matters as procedures, progress, problems and scheduling.
WES shall receive, review for completeness and responsiveness the subcontractors’ submittals such as shop drawings, product data and samples and deliver them to the Customer for review and approval.
WES shall manage the Punch List, coordinate final inspections, and prepare the certificates of Substantial Completion and Final Completion. Upon Final completion, WES will receive, review for conformity with the requirements of the ESPC Documents, transmit to the Customer any affidavits, and turn over to the Customer any manuals and the originals of any guarantees, warranties, releases, bonds and waivers.
(b) Labor and Materials.
Unless otherwise provided in the ESPC Documents, WES shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work.
WES shall enforce strict discipline and good order among WES’s employees, Subcontractors, and other persons carrying out the Work. WES shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.
Schedule A-4. ENERGY PERFORMANCE CONTRACT PROGRAM REQUIREMENTS:
(a) Financial Criteria.
(b) General Scope and Intent.
Schedule A-5. SCOPE OF WORK
(a) Scope of Work. The finalized scope of work to be performed under the Contract is as follows:
(1) FACILITY IMPROVEMENT MEASURE (FIM) #1: Solar PV
This work is to be performed as new construction at the following sites:
(A) Art Koch Range & Training Facility
Provide and install a 288.0 kWdc PV System
Provide and install 3 standard Level 2 EV charging stalls Provide and install 1 new ADA van accessible Level 2 EV Charging stall
Provide and install 10 EV capable stalls for future EV Installation