Cities Index.
Agenda, first session

Fairfield City Council
June 17, 2025

Document
Agenda, first session
Meeting
June 17, 2025
Body
Fairfield City Council
Pages
484
Original file
105.4 MB
Text extracted from the city's file for reading and search. Open the original on pub-fairfield.escribemeetings.com. That file is the official record.

CITY OF FAIRFIELD

CITY COUNCIL

MEETING AGENDA

Tuesday, June 17, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom

CONCURRENT MEETING
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.

For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

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

Members of the public can observe the meeting on Roku City of Fairfield, Xfinity Channel 26, AT&T U-Verse Channel 99, and web streamed live at www.youtube.com/FFCATV. The public may join the meeting via Zoom at: https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 638-0968, Webinar ID: 890 6021 3840, Passcode: 7074287400 Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
C. INVOCATION - Dr. Michelle King, M.D. of Freedom from Religion Foundation and the Satanic Temple
D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER REPORT
G. CITY ATTORNEY REPORT
H. CITY CLERK REPORT
I. PRESENTATIONS
I.1 Proclamation Declaring Juneteenth National Independence Day Presented by Councilmember K. Patrice Williams
J. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back To the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the mayor.

K. CONVENE MEETING OF THE PARADISE VALLEY MAINTENANCE AND MONITORING

DISTRICT
L. PVMMD PUBLIC HEARINGS
L.1 Resolution PVMMD 2025-02 PW Approving FY 2025-2026 PVMMD Budget and Assessments
8 Approving the Fiscal Year 2025-2026 Budget and Ordering the Levy and Collection of the Fiscal Year 2025-2026 Assessments for the Paradise Valley Maintenance and Monitoring District
Funding Source: $103,400; Paradise Valley Maintenance and Monitoring

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District Fund
Contact: Chris Lewis, (707) 428-7089
Recommended Action:

Hold public hearing and adopt resolution.

M. CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

N. JOINT PUBLIC HEARING CITY COUNCIL AND HOUSING AUTHORITY N.1 Resolutions 2025-103 Through 2025-108 and Resolution HA2025-03 FN Fiscal Year 2025-2026 and Fiscal Year 2026-27 Budget Adoption
57 Approving the Fiscal Year 2025-2026 and 2026-2027 Budget and Financial Plan Funding Source: Various
Contact: John Furtado, (707) 428-7629
Recommended Action:

Hold public hearing and adopt resolutions.

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

Recommended Action:

To approve the consent calendar.

P.1 Resolution 2025-109 PW Canon Station Planning Area 5 – Neighborhood C Subdivision Improvement Agreement
91 Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood C Subdivision
Funding Source: N/A
Contact: Alvin Lei, (707) 428-7476
Recommended Action:

Adopt Resolution.

P.2 Resolution 2025-110 PW Water Enterprise Capital Budget Adjustment 121 Authorizing an Update to the Fiscal Year 2024-2025 Water Enterprise Capital Budget for the Distribution Systems Metering and Monitoring Project and the

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Water Service Replacement Program Project
Funding Source: $1,700,000; Water Enterprise Fund
Contact: Michael J. Hether, (707) 428-7493
Recommended Action:

Adopt resolution.

P.3 Resolution 2025-111 PW 2030 N. Texas Design Agreement Amendment No. 7 125 Authorizing the City Manager to Execute Amendment No. 7 to the Design Services Agreement Between the City of Fairfield and Callander Associates, Inc. for the Implementation Plan of the Central Fairfield Revitalization Funding Source: $172,790; Park Capital Fund
Contact: Caroline Vedder, (707) 428-7484
Recommended Action:

Adopt Resolution.

P.4 Resolution 2025-112 PW East Tabor and Tolenas Safe Routes to School Sidewalk Gap Closure and Union Pacific Railroad Agreement 139
Authorizing the City Manager to Execute a Public Highway At-Grade Crossing Agreement, Accept Grant Deeds Transferring Real Property and Easements, and Execute Construction and Maintenance Agreements with Union Pacific Railroad for the East Tabor/Tolenas Safe Routes to School Sidewalk Gap Closure Project Funding Source: $2,316,989 ($32,970, State Gas Tax for Agreement; $2,100,000, Federal Funds; $150,149, Gas Tax [Local Match] for Capital Streets Fund)
Contact: Phil Layoso, (707) 428-7505
Recommended Action:

Adopt resolution.

P.5 Resolution 2025-113 PW Resolution to Terminate Reimbursement Agreement for Fairfield Baptist Church
184
Authorizing the City Manager to Terminate the “Agreement Between the City of Fairfield and the Fairfield Baptist Conference Church Providing for the Repayment of Reimbursable Agreement Memorandum Number 11” Associated with Assessor’s Parcel Number 0034-050-180 to Reimburse the City for the Completion of Public Improvements
Funding Source: N/A
Contact: Alvin Lei, (707) 428-7476
Recommended Action:

Adopt resolution.

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P.6 Resolution 2025-114 PW Linear Park Conservation Easement Agreement and Restatement
200
Authorizing the Mayor to Execute a Trail Easement Agreement, an Amendment and Restatement of Grant of Conservation Easement with Covenants, with the Solano Land Trust for the Linear Park Trail
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:

Adopt resolution.

P.7 Resolution 2025-115 PD Authorizing Flock Safety Drones for Analysis and Real Time Intelligence Center
276
Authorizing the City Manager to Execute and Approve a Five-Year Contract with Flock Safety Drones for the Police Department’s Analysis and Real Time Intelligence Center
Funding Source: $1,750,000; General Fund, IT ISF Camera Replacement, PD Traffic Tow Fund and PD Asset Forfeiture Fund
Contact: Nick McDowell, (707) 428-7645 and Nicholas Giaccio, (707) 428-7760 Recommended Action:

Adopt resolution.

P.8 Resolution 2025-116 PD Authorizing the Addition of Two Limited-Term Police Sergeant Positions
330
Funding Source: $72,712; General Fund
Contact: Daniel Marshall, (707) 428-7374
Recommended Action:

Adopt resolution.

P.9 CM Minute Action Approving Park Naming to Honor Robbieburr Berger 333 Funding Source: N/A
Contact: David Gassaway, (707) 428-7400
Recommended Action:

Approve park naming honoring former councilmember Robbieburr Berger.

P.10 Resolution 2025-117 CM Budget Adjustment for Legal Services 354 Approving Supplemental Appropriation for Legal Services for Fiscal Year 2024- 2025 and Authorizing an Update to the Fiscal Year 2024-2025 Budget Funding Source: $100,000; General Fund

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Contact: David Gassaway, (707) 428-7400
Recommended Action:

Adopt resolution.

P.11 Ordinance 2025-04 FD Fire Hazard Severity Zones 357 Adding Chapter 8B Fairfield Fire Hazard Severity Zones Recommended by the California State Fire Marshal
Funding Source: N/A
Contact: Steven Conti, (707) 428-7550
Recommended Action:

Provide second reading and adopt Ordinance 2025-04.

Q. NEW BUSINESS
Q.1 Resolutions 2025-118 and 2025-119 PW Proposed Water Rate Increases and Adopting Procedures for Proposition 218
382
Resolution 2025-118 Authorizing the City Council to Direct Staff to Initiate the Proposition 218 Process and Setting a Public Hearing Relating to Proposed Increases and Modifications to the City’s Water Rates and Making Environmental Findings with Respect Thereto Pursuant to the California Environmental Quality Act
Resolution 2025-119 Adopting Procedures for the Conduct of a Public Hearing And Majority Protest Proceedings Relating to Proposed Increases and Modifications to the City’s Water Rates in Accordance with Article XIII D Of the California Constitution, the Proposition 218 Omnibus Implementation Act, and Government Code Sections 53759.1 And 53759.2
Funding Source: N/A
Contact: Michael J. Hether, (707) 428-7493
Recommended Action:

Adopt the resolutions.

R. PUBLIC HEARINGS
R.1 Resolution 2025-120 PW Approving Fiscal Year 2025-2026 Smith Ranch Assessments District
444
Approving the Fiscal Year 2025-2026 Engineer’s Report, Confirming the Boundaries and Assessment, and Ordering the Levy and Collection of Assessments for the Smith Ranch Assessment District
Funding Source: $4,804,620; Smith Ranch Assessment District Fund Contact: Chris Lewis, (707) 428-7089
Recommended Action:

Hold public hearing and adopt resolution.

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S. ADJOURN
ADJOURN TO TUESDAY, JULY 1, 2025, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Thursday, June 12, 2025.

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Agenda Item No: L.1

AGENDA REPORT
DATE: June 17, 2025
TO: Chair and Board
FROM: David Gassaway, PVMMD District Manager
SUBJECT: Resolution PVMMD 2025-02 PW Approving FY 2025-2026 PVMMD Budget and Assessments
Approving the Fiscal Year 2025-2026 Budget and Ordering the Levy and Collection of the Fiscal Year 2025-2026 Assessments for the Paradise Valley Maintenance and Monitoring District Funding Source: $103,400; Paradise Valley Maintenance and Monitoring District Fund Contact: Chris Lewis, (707) 428-7089

RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The adoption of this resolution will approve the fiscal year (FY) 2025-2026 budget and provide for the levy and collection of the annual assessments within Paradise Valley Area “I,” “K,” and “L” for geologic monitoring, inspection, and repair within the Paradise Valley Maintenance and Monitoring District (PVMMD or District).

DISCUSSION
Background
The City adopted Resolution No. 2010-188 and formed the PVMMD, a geologic hazard abatement district, in accordance with Division 17 of the California Public Resource Code (PRC), to fund the prevention, mitigation, abatement, and control of geologic hazards in the Paradise Valley development areas known as “I,” “K,” and “L.” There is a total of 288 residential units in these areas.

On July 5, 2022, the PVMMD Board adopted Resolution No. PVMMD 2022-01 approving an updated Plan of Control, Reserve Fund Study, and Engineer’s Report for the District.

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The initial Plan of Control was adopted in 2010 prior to the development of the properties within the District, and the updated document reflects the present nature and scope of District services.

The original Reserve Fund Study, developed in 2018, established a target reserve fund balance of $1,700,000 (in FY 2017-2018 dollars). The 2022 Reserve Fund Study included updated metrics, resulting in a new target reserve fund balance of $1,570,000 (in FY 2022-2023 dollars). After adjustments for inflation, the FY 2025-2026 target reserve fund balance is $1,713,558.

The new Engineer’s Report represents as-built conditions and a re-evaluation of the special benefit analysis. The updated special benefit analysis resulted in a redistribution of costs among property owners and new maximum annual assessment rates for each residential product type.

Maximum Annual Assessment Rates and Consumer Price Index Reference The maximum annual assessment rates are automatically adjusted annually to reflect the San Francisco-Oakland-Hayward Consumer Price Index (CPI) for All Urban Consumers.

Since the District’s formation, the maximum annual assessment rates for each new FY have been adjusted using the 12-month CPI from June-to-June of the two fiscal years immediately preceding the FY in which the adjusted maximum annual assessment rates take effect (e.g. the maximum annual assessments rates for FY 2024-2025 were adjusted using the 12-month CPI from June 2023 to June 2024).

This practice causes administrative inefficiencies since the annual approval process for maximum assessment rates, assessment levies, and budget commences in early spring each year, and the Bureau of Labor Statistics does not publish the June-to-June CPI until July 15 of each year.

To eliminate inefficiencies, beginning with FY 2025-2026, the maximum annual assessment rates for each new FY will be adjusted using the annual CPI for the full calendar year immediately preceding the FY in which the adjusted maximum annual assessment rates take effect (e.g. the maximum annual assessments rates for FY 2025-2026 will be adjusted using the annual CPI for the full 2024 calendar year).

The change to the CPI reference month and year is not considered an “increase” (as defined by Government Code Section 53750) to the maximum annual assessment rates approved during the 2010 District formation. Therefore, no Proposition 218 balloting process is required.

Staff and the PVMMD Resident Ad Hoc Committee met on April 11, 2025. The Ad Hoc Committee supports the CPI reference change.

Based on the 2024 annual CPI of 2.76%, the adjusted FY 2025-2026 maximum annual assessment rates are as follows:

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Development
Area
Development
Name Residential 'Product Type'
FY 2025-
2026
Maximum
Assessment
Number of
Residential
Units
I The Ridge Villas Apartments $159.35 30
I The Ridge Villas Apartments (Slope) $512.98 20
I The Ridge Cottages $198.64 14
I The Ridge Cottages (Slope) $517.34 6
K Estates Single-Family Residences $389.64 124
K Estates Single-Family Residences (Slope) $1,399.22 26 L Paradise 360 Single-Family Residences $198.64 58
L Paradise 360 Single-Family Residences (Slope) $567.55 10 Total Residential Units 288
FY 2025-2026 Budget, Levy, and Fund Balance
The proposed FY 2025-2026 budget for operations and maintenance is $103,400, and the FY 2025-2026 revenue is $100,542, which includes $83,894 of assessments and $16,648 of interest revenue.

The projected FY 2025-2026 year-end fund balance is $1,661,924, which is $51,634 less than the FY 2025-2026 target reserve fund balance of $1,713,558.

Although the total FY 2025-2026 maximum assessment levy is $122,817, at the April 11, 2025, meeting with the PVMMD Resident Ad Hoc Committee, the City agreed to levy FY 2025-2026 assessments for operations and maintenance expenses only. This will allow for a transition period during which PVMMD property owners may prepare to pay the necessary assessment rates (up to and including the maximum assessment rates) in future years to meet annual operations and maintenance expenses and the applicable target fund balance reserve amount.

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The proposed FY 2025-2026 levy for each residential type is as follows:

Development
Area
Development
Name Residential 'Product Type'
FY 2025-
2026
Proposed
Levy
I The Ridge Villas Apartments
Villas Apartments (Slope) $159.35
I The Ridge Cottages
Cottages (Slope) $198.64
K Estates Single-Family Residences
Single-Family Residences (Slope) $389.64
L Paradise 360 Single-Family Residences
Single-Family Residences (Slope) $198.64
The proposed budget, assessments to be levied against each assessable parcel, and a description of the method used in formulating the assessments for FY 2025-2026 are included in the FY 2025- 2026 Supplement to the 2022 Engineer’s Report as Attachment 3.

The PRC Sections 26650 et seq. require the PVMMD Board to hold a public hearing and adopt the resolution attached to grant final approval of the FY 2025-2026 budget and authorize the levy and collection of the FY 2025-2026 assessments as described above.

FINANCIAL IMPACT
The proposed FY 2025-2026 budget for PVMMD operations and maintenance is $103,400, which will be paid from the PVMMD Fund (Fund 186).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff provided the proposed FY 2025-2026 budget and assessment levy to the PVMMD Resident Ad Hoc Committee on April 11, 2025. A notice was mailed to all District property owners during the last week of May 2025 to notify them of the Board’s intent to levy FY 2025-2026 assessments, as required by Section 26652 of the PRC.

ALTERNATIVE ACTION
If the Board has any questions regarding the adoption of this resolution, this item may be rescheduled until the next board meeting. However, not approving this resolution may prevent the District from collecting assessments for the 2025-2026 tax year.

COORDINATED WITH
City Attorney’s Office

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STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 428-7089
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Exhibit A
Attachment 3: FY 2025-2026 Supplement to the 2022 Engineer’s Report

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PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
RESOLUTION NO. PVMMD 2025-02
APPROVING THE FISCAL YEAR 2025-2026 BUDGET AND ORDERING THE LEVY AND COLLECTION OF THE FISCAL YEAR 2025-2026 ASSESSMENTS FOR THE PARADISE VALLEY MAINTENANCE

AND MONITORING DISTRICT
WHEREAS, on July 6, 2010, the City of Fairfield City Council adopted Resolution 2010-188, approving and ordering the formation of the Paradise Valley Maintenance and Monitoring District (PVMMD or District), a Geologic Hazard Abatement District within the meaning of California Public Resources Code (PRC) Division 17, and appointing itself as the board of directors of the PVMMD (PVMMD Board). This formation was described in the Petition for Formation and in the PVMMD Plan of Control; and
WHEREAS, in order to pay for the cost and expenses of maintaining and operating the improvements for the District as described in the Plan of Control, pursuant to PRC sections 26500 et seq., it will be necessary to provide a reliable source of funding; and WHEREAS, PRC sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the PVMMD to pay for the maintenance and operation of PVMMD improvements. Article XIII (D) of the California Constitution imposes additional requirements for the levy and collection of said assessment; and WHEREAS, an Engineer’s Report dated July 2010, was prepared by ENGEO Incorporated (ENGEO), a registered professional engineer certified in the State of California, in compliance with Public Resources Code section 26651 (a) and section 4(b) of Article XIII(D) of the California Constitution.

The Engineer’s Report sets forth the purpose of the PVMMD, the estimated budget, the total assessment, the proposed estimate to be levied against each parcel within such territory, and a description of the method used in formulating the estimated assessments; and WHEREAS, on October 5, 2010, the City of Fairfield City Council, acting as the PVMMD Board, adopted Resolution 2010-274, approving the initial assessments against those parcels in the PVMMD as identified on the boundary map, which are specially benefited by the PVMMD; and WHEREAS, on July 5, 2022, the PVMMD Board adopted Resolution No. PVMMD 2022-01 approving an updated Plan of Control, Reserve Fund Study establishing a District reserve goal of $1,570,000 (in FY 2022-2023 dollars), and Engineer’s Report dated July 6, 2022 (2022 Engineer’s Report) prepared by ENGEO; and
WHEREAS, the PVMMD Board desires to adopt the budget, approve the assessments to be levied against each assessable parcel in the District, and approve the method used in formulating the assessments for fiscal year (FY) 2025-2026 to allow for funding of District activities; and

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RES. NO. 2025-02

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WHEREAS, a Supplement to the 2022 Engineer’s Report for FY 2025-2026 (FY 2025-2026 Supplement) has been prepared by a registered professional engineer for the PVMMD; and WHEREAS, on May 20, 2025, by its Resolution No. PVMMD 2025-01, a resolution of the PVMMD Board granting preliminarily approval of the FY 2025-2026 budget, declaring intent to order the levy and collection of FY 2025-2026 assessments, and providing notice of the June 17, 2025, public hearing, the Board found the FY 2025-2026 Supplement, duly made and filed with the clerk, to be sufficient in every particular, whereupon it was determined that the report should stand as the FY 2025-2026 Supplement for all subsequent proceedings under and pursuant to the aforesaid resolution; and
WHEREAS, on Tuesday, June 17, 2025, at 6:00 p.m., in the regular meeting place of this PVMMD Board, the City of Fairfield Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California or in any other manner as specified on the regular meeting agenda, was appointed as the time and place for a hearing of this PVMMD Board on the question of the levy of the proposed assessment, notice of which hearing was duly and regularly mailed; and WHEREAS, at the appointed time and place, the hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to give testimony, and all matters and things pertaining to the levy were fully heard and considered by this PVMMD Board, and all oral statements and all written protests or communications were duly heard, considered, and overruled, and this PVMMD Board thereby acquired jurisdiction to order the levy and collection of the assessments as contained in said FY 2025-2026 Supplement.

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

Section 1. The public interest, convenience, and necessity require that the levy be made.

Section 2. The district benefited by the monitoring, inspections, and repair of improvements installed and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the clerk, which map is made a part hereof by reference thereto.

Section 3. The FY 2025-2026 Supplement, as a whole and each part thereof, are hereby finally approved and confirmed, to wit:
a. The estimate of the itemized and total costs and expense of maintaining and operating the improvements and of the incidental expenses in connection therewith. b. The assessment of the total amount of the cost and expenses of the proposed monitoring, inspections, and repair of improvements upon the lots and parcels of land in the district in proportion to the estimated benefits to be received by such lots and

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RES. NO. 2025-02

Page 3 ends

parcels, respectively, from the maintenance and operation, and of the expenses incidental thereto.

Section 4. Final adoption and approval of the FY 2025-2026 Supplement, as a whole and of the plans and specifications, estimate of the costs and expenses, and the assessment, as contained in the FY 2025-2026 Supplement, as hereinabove determined and ordered, is intended to and shall refer and apply to the FY 2025-2026 Supplement, or any portion thereof.

Section 5. The annual assessments for FY 2025-2026 are proposed at the rates shown on Exhibit A. These rates do not exceed the FY 2025-2026 maximum annual assessment rates established in 2010 and adjusted annually by the San Francisco-Oakland-hayward Consumers Price Index for All Urban Consumers.

Section 6. The assessment to pay the costs and expenses of the maintenance and operation of the improvements is hereby confirmed, and the levy and collection of the assessment for FY 2025-2026, pursuant to Public Resources Code sections 26650 et seq., is hereby ordered.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________ _________________________________________________
CHAIR
ATTEST:
___________________________

BOARD CLERK

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EXHIBIT A
Development
Area
Development
Name Residential 'Product Type' FY 2025-2026 Levy
I The Ridge*
Villas Apartments
Villas Apartments (Slope) $159.35
I The Ridge*
Cottages
Cottages (Slope) $198.64
K Estates** Single-Family Residences
Single-Family Residences (Slope) $389.64
L Paradise 360 Single-Family Residences
Single-Family Residences (Slope) $198.64
NOTE:
*The Ridge development is part of the Paradise Valley Estates located at 2600 Estates Drive, Fairfield, CA 94533
**The Estates development refers to the subdivisions along Couples Circle, Steward Drive, Duval Street and Annadale Drive located within the District Boundary.

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PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
SUPPLEMENT TO THE 2022 ENGINEER’S REPORT
FISCAL YEAR 2025-2026

CONTENTS

1. Assessment

2. Method of Apportionment

3. District Budget

4. Assessments for Each Parcel

5. Appendix A – 2022 Engineer’s Report

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1 ASSESSMENT
WHEREAS, on July 6, 2010, the City Council of City of Fairfield adopted Resolution 2010-188, approving and ordering the formation of the Paradise Valley Maintenance and Monitoring District (PVMMD), a Geologic Hazard Abatement District within the meaning of California Public Resources Code Division 17 (the “PVMMD”), and appointing itself as the board of directors of the PVMMD (the “PVMMD Board”). This formation was described in the Petition for Formation and in the PVMMD Plan of Control;
WHEREAS, in order to pay for the cost and expenses of maintaining and operating the improvements for the PVMMD as described in the Plan of Control, pursuant to Public Resources Code sections 26500 et seq., it will be necessary to provide a reliable source of funding; WHEREAS, Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the PVMMD to pay for the maintenance and operation of PVMMD improvements. Article XIII (D) of the California Constitution imposes additional requirements for the levy and collection of said assessment;
WHEREAS, an Engineer’s Report dated July 2010, was prepared by ENGEO Incorporated (ENGEO), a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 26651 (a) and section 4(b) of Article XIII(D) of the California Constitution.

The Engineer’s Report sets forth the purpose of the PVMMD, the estimated budget, the total assessment, the proposed estimate to be levied against each parcel within such territory, and a description of the method used in formulating the estimated assessments; and WHEREAS, on October 5, 2010, the council of the City of Fairfield, California, acting as the PVMMD Board, adopted Resolution 2010-274 approving the assessments against those parcels in the PVMMD as identified on the boundary map, which are specially benefitted by the PVMMD; WHEREAS, on July 5, 2022, the PVMMD Board adopted No. PVMMD 2022-01 approving an updated Engineer’s Report (2022 Engineer’s Report) on file in the office of the District Engineer in the City of Fairfield for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the order of the Board, hereby makes the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the costs and expenses incidental thereto to be paid by said district as shown in section 3 of this report.

I do hereby assess the net amount upon all assessable lots or parcels in proportion to the estimated benefits to be received by each parcel from the maintenance of said improvements.

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2 Each lot or parcel of land assessed is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Solano for the fiscal year 2025-2026 and includes all such parcels excepting those portions thereof within existing public roads or right-of-way to be acquired for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the county recorder of said County.

Dated: _____________ ____________________________
Ryan Panganiban
District Engineer
R.C.E. No. 74795
Expires 12/31/25

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3 METHOD OF APPORTIONMENT OF ASSESSMENT
The method of apportionment of assessment and special benefit calculation are described in Section VI. Assessment Method and Benefit of the Engineer’s Report dated July 6, 2022, attached hereto as Appendix A.

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PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FUND 186
FY 2025-2026 BUDGET PROJECTIONS
OBJECT FY23-24 ACTUAL FY24-25 PROJECTED FY25-26 PROJECTED FY26-27 PROJECTED FY27-28 PROJECTED FY28-29 PROJECTED FY29-30 PROJECTED 6106 - SPECIAL ASSESSMENTS 76,202 79,631 83,894 125,888 129,035 132,261 135,567 6401 - INT INC ON POOLED INVESTMENTS 47,774 16,000 16,648 16,619 16,976 17,337 17,701 7311 - DEVELOPERS CONTRIBUTIONS - - - - - - -
TOTAL REVENUE 123,976 95,631 100,542 142,507 146,011 149,598 153,268 8404 - WEED ABATEMENT 20,750 16,000 16,000 16,480 16,974 17,484 18,008 8409 - DITCH CLEANING 2,530 2,531 2,531 2,607 2,685 2,766 2,849 8441 - OTHER CONTRACTUAL SERVICES 3,427 - 8,100 8,343 8,593 8,851 9,117 8445 - MAINTENANCE ROADS & DRAINS 12,200 3,700 6,200 6,386 6,578 6,775 6,978 8539 - OTHER-DRAINAGE MAINTENANCE 4,500 9,000 4,500 4,635 4,774 4,917 5,065 8836 - COST ALLOCATION - - - - - - -
8901 - ADMIN/MGMT FEES 14,577 20,000 20,000 20,600 21,218 21,855 22,510 8902 - LEGAL FEES 7,770 2,400 2,400 2,400 2,400 2,400 2,400 8956 - OUTSIDE SERVICES/CONSULTING 33,990 40,000 42,030 43,291 44,590 45,927 47,305 9003 - ADVERTISING - 800 800 824 849 874 900
9038 - COUNTY ADMIN EXPENSES 762 796 839 1,259 1,290 1,323 1,356 9508 - PJCT CST-OTHER PROJECT COSTS - - - - - - -
TOTAL EXPENSES 100,506 95,227 103,400 106,825 109,951 113,171 116,488 REVENUE 123,976 95,631 100,542 142,507 146,011 149,598 153,268 EXPENSES 100,506 95,227 103,400 106,825 109,951 113,171 116,488 NET SURPLUS/DEFICIT 23,469 404 (2,858) 35,682 36,060 36,426 36,781 BEGINNING FUND BALANCE 1,656,221 1,664,379 1,664,782 1,661,924 1,697,606 1,733,666 1,770,093 MKT VAL-UNREALIZED GAIN/LOSS (15,312) - - - - - -
NET SURPLUS/DEFICIT 23,469 404 (2,858) 35,682 36,060 36,426 36,781 ENDING FUND BALANCE 1,664,379 1,664,782 1,661,924 1,697,606 1,733,666 1,770,093 1,806,873 TARGET FUND BALANCE (+CPI) 1,615,204 1,667,490 1,713,558 1,756,397 1,800,307 1,845,315 1,891,447 CPI 3.24% 2.76% 2.50% 2.50% 2.50% 2.50% 2.50%
TARGET FUND BALANCE SURPLUS/DEFICIT 49,175 (2,708) (51,634) (58,791) (66,641) (75,222) (84,574)

Page 21 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FY 2025-2026 ASSESSMENT LEVY BY PARCEL

PARCEL COUNT BOOK PAGE PARCEL LEVY
1 167 8 5 -
2 167 8 17 -
3 167 8 21 -
4 167 80 22 11,940.30
5 167 841 1 389.64
6 167 841 2 389.64
7 167 841 3 389.64
8 167 841 4 389.64
9 167 841 5 389.64
10 167 841 6 389.64
11 167 841 7 389.64
12 167 841 8 389.64
13 167 841 9 389.64
14 167 841 10 389.64
15 167 841 11 389.64
16 167 841 12 389.64
17 167 841 13 389.64
18 167 841 14 389.64
19 167 841 15 389.64
20 167 841 16 -
21 167 841 17 389.64
22 167 841 18 389.64
23 167 841 19 389.64
24 167 841 20 389.64
25 167 841 21 389.64
26 167 841 22 389.64
27 167 842 1 389.64
28 167 842 2 389.64
29 167 842 3 389.64
30 167 842 4 389.64
31 167 842 5 389.64
32 167 842 6 389.64
33 167 842 7 389.64
34 167 842 8 389.64
35 167 842 9 389.64
36 167 842 10 389.64
37 167 842 11 389.64
38 167 842 12 389.64
39 167 843 1 389.64
40 167 843 2 389.64
41 167 843 3 389.64
42 167 843 4 389.64
43 167 843 5 389.64
44 167 843 6 389.64
45 167 843 7 389.64
46 167 843 8 389.64

Page 22 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FY 2025-2026 ASSESSMENT LEVY BY PARCEL

PARCEL COUNT BOOK PAGE PARCEL LEVY
47 167 843 9 389.64
48 167 843 10 389.64
49 167 843 11 389.64
50 167 843 12 389.64
51 167 851 1 389.64
52 167 851 2 389.64
53 167 851 3 389.64
54 167 851 4 389.64
55 167 851 5 389.64
56 167 851 6 389.64
57 167 851 7 389.64
58 167 851 8 389.64
59 167 851 9 389.64
60 167 852 1 389.64
61 167 852 2 389.64
62 167 852 3 389.64
63 167 852 4 389.64
64 167 852 5 389.64
65 167 852 6 389.64
66 167 852 7 389.64
67 167 852 8 389.64
68 167 852 9 389.64
69 167 852 10 389.64
70 167 852 11 389.64
71 167 852 12 389.64
72 167 852 13 389.64
73 167 852 14 389.64
74 167 852 15 389.64
75 167 852 16 389.64
76 167 852 17 389.64
77 167 852 18 389.64
78 167 852 19 389.64
79 167 852 20 389.64
80 167 852 21 389.64
81 167 852 22 389.64
82 167 852 23 389.64
83 167 852 24 389.64
84 167 852 25 389.64
85 167 852 26 389.64
86 167 853 1 389.64
87 167 853 2 389.64
88 167 853 3 389.64
89 167 853 4 389.64
90 167 853 5 389.64
91 167 854 1 389.64
92 167 854 2 389.64

Page 23 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FY 2025-2026 ASSESSMENT LEVY BY PARCEL

PARCEL COUNT BOOK PAGE PARCEL LEVY
93 167 855 1 389.64
94 167 855 2 389.64
95 167 855 3 389.64
96 167 855 4 389.64
97 167 855 5 389.64
98 167 855 6 389.64
99 167 855 7 389.64
100 167 856 1 389.64
101 167 856 2 389.64
102 167 856 3 389.64
103 167 856 4 389.64
104 167 856 5 389.64
105 167 856 6 389.64
106 167 856 7 389.64
107 167 856 8 -
108 167 861 1 389.64
109 167 861 2 389.64
110 167 861 3 389.64
111 167 861 4 389.64
112 167 861 5 389.64
113 167 861 6 -
114 167 861 7 389.64
115 167 861 8 389.64
116 167 861 9 389.64
117 167 861 10 389.64
118 167 861 11 389.64
119 167 861 12 389.64
120 167 861 13 389.64
121 167 861 14 389.64
122 167 861 15 389.64
123 167 861 16 389.64
124 167 861 17 389.64
125 167 861 18 389.64
126 167 861 19 389.64
127 167 861 20 389.64
128 167 861 21 389.64
129 167 861 22 389.64
130 167 861 23 389.64
131 167 861 24 389.64
132 167 861 25 389.64
133 167 861 26 389.64
134 167 862 1 389.64
135 167 862 2 389.64
136 167 862 3 389.64
137 167 862 4 389.64
138 167 862 5 389.64

Page 24 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FY 2025-2026 ASSESSMENT LEVY BY PARCEL

PARCEL COUNT BOOK PAGE PARCEL LEVY
139 167 862 6 389.64
140 167 862 7 389.64
141 167 862 8 389.64
142 167 862 9 389.64
143 167 862 10 389.64
144 167 862 11 389.64
145 167 862 12 389.64
146 167 862 13 389.64
147 167 862 14 389.64
148 167 862 15 389.64
149 167 863 1 389.64
150 167 863 2 389.64
151 167 863 3 389.64
152 167 863 4 389.64
153 167 863 5 389.64
154 167 864 1 389.64
155 167 864 2 389.64
156 167 864 3 -
157 167 864 4 389.64
158 167 864 5 389.64
159 167 951 1 198.64
160 167 951 2 198.64
161 167 951 3 198.64
162 167 951 4 -
163 167 951 5 198.64
164 167 951 6 198.64
165 167 951 7 198.64
166 167 951 8 198.64
167 167 951 9 198.64
168 167 951 10 198.64
169 167 951 11 198.64
170 167 951 12 198.64
171 167 951 13 198.64
172 167 951 14 198.64
173 167 951 15 198.64
174 167 951 16 198.64
175 167 951 17 -
176 167 951 18 -
177 167 951 19 198.64
178 167 951 20 198.64
179 167 951 21 198.64
180 167 951 22 198.64
181 167 951 23 198.64
182 167 951 24 -
183 167 951 25 198.64
184 167 951 26 198.64

Page 25 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FY 2025-2026 ASSESSMENT LEVY BY PARCEL

PARCEL COUNT BOOK PAGE PARCEL LEVY
185 167 951 27 198.64
186 167 951 28 198.64
187 167 951 29 198.64
188 167 951 30 198.64
189 167 951 31 198.64
190 167 951 32 198.64
191 167 951 33 198.64
192 167 951 34 198.64
193 167 951 35 198.64
194 167 951 36 198.64
195 167 951 37 198.64
196 167 951 38 198.64
197 167 951 39 198.64
198 167 951 40 198.64
199 167 951 41 198.64
200 167 951 42 198.64
201 167 951 43 198.64
202 167 951 44 198.64
203 167 951 45 198.64
204 167 951 46 198.64
205 167 951 47 198.64
206 167 951 48 198.64
207 167 951 49 -
208 167 951 50 198.64
209 167 951 51 198.64
210 167 951 52 198.64
211 167 951 53 198.64
212 167 951 54 -
213 167 951 55 -
214 167 951 56 -
215 167 951 57 -
216 167 952 1 198.64
217 167 952 2 198.64
218 167 952 3 198.64
219 167 952 4 198.64
220 167 952 5 198.64
221 167 952 6 198.64
222 167 952 7 198.64
223 167 952 8 198.64
224 167 952 9 198.64
225 167 952 10 198.64
226 167 952 11 -
227 167 952 12 198.64
228 167 952 13 198.64
229 167 952 14 198.64
230 167 952 15 198.64

Page 26 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
FY 2025-2026 ASSESSMENT LEVY BY PARCEL

PARCEL COUNT BOOK PAGE PARCEL LEVY
231 167 952 16 198.64
232 167 952 17 198.64
233 167 952 18 198.64
234 167 952 19 198.64
235 167 952 20 198.64
236 167 952 21 198.64
TOTAL LEVY 83,893.82
Total Parcels with Levy 219
Total Exempt Parcels/No Levy 17

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6 APPENDIX A – 2022 ENGINEER’S REPORT

Page 28 of 484 ends

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT (PVMMD)

FAIRFIELD, SOLANO COUNTY, CALIFORNIA

ENGINEER'S REPORT
For Paradise Valley Maintenance and Monitoring District Areas "I", "K", and "L"

SUBMITTED TO
PVMMD Board of Directors
1000 Webster Street
Fairfield, CA 94533

PREPARED BY
ENGEO Incorporated
July 6, 2022
PROJECT NO.
5698.002.021
';opyriql1I ;!022 hy Ef\lC,EO l11<;01rior,1\•ccl Ttll'.: document n1c1y 110\ he rep1odI1cE:rl in ·Ntmlr, 01 In part bv ,11111118ans ·,vti:,1lso(-,vc"r nor rn:1y 11 bo quol•Jd or c,xccrplerl will1•)Ul lt11-) expre,:s ,vntten consent or l=NC,f.(J lncorporateu ENGEO

Page 29 of 484 ends

Areas 'T K' and L'
5698 002.021
Paradise Valley f\lla1nlenance and Monitoring District
Engineer's Repor~

TABLE OF CONTENTS
CERTIFICATION OF FILING 1
I. INTRODUCTION 3
II. BACKGROUND 3
Ill. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES 4
IV. SERVICE LEVELS 4
V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY THE PVMMD 5 VI. ASSESSMENT METHOD AND BENEFIT 5
A. Special Benefit and Proportionality 5

8. Assessment Method 6
VII. ASSESSMENT LIMIT - BUDGET 8
VIII. OWNER RESPONSIBILITIES 9
EXHIBIT A- Legal Description and Plat
EXHIBIT 8 - Budget - Paradise Valley Maintenance and Monitoring District EXHIBIT C -Assessment Roll - Fiscal Year 2022/23
ENGEO i of i Julv 6. 2022

Page 30 of 484 ends

Fairfield Geologic Hazard Abatement District
5698 002 021
Paradise Valley Maintenance and fvlonilonng District
_ _ _ __ _ Eng~neer s Rep?r~

ENGINEER'S REPORT

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT
(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)

CERTIFICATION OF FILING
This report is presented at the direction of the Paradise Valley Maintenance and Monitoring District (PVMMD) Board of Directors. The PVMMD, a Geologic Hazard Abatement District (GHAD) within the meaning of Public Resources Code Division 17, is intended to provide monitoring, maintenance, and repair of improvements related to geologic hazard management within the PVMMD and to levy and collect assessments in order to perform its activities.

The improvements, which are the subject of this report, are defined as any activity necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Pub. Resources Code § 26505).

This report consists of seven parts, as follows.

CERTIFICATE OF FILING
I. INTRODUCTION
II. BACKGROUND
111. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES DIAGRAM IV. SERVICE LEVELS
V. DESCRIPTION OF PVMMD-MAINTAINED IMPROVEMENTS
VI. ASSESSMENT METHOD AND BENEFIT
A. Special Benefit and Proportionality
B. Assessment Method
VII. ASSESSMENT LIMIT -BUDGET
ENGEO Page 11 July 6, 2022

Page 31 of 484 ends

Fairfield Geologic Hazard Abatement District
5698 002.021
Paradise Valley Maintenance and Monitming District
_ _ Engineers Report_
The undersigned respectfully submits the enclosed Engineer's Report.

Date: July 6, 2022 By: ENGEO Incorporated
I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the 5 th day of July 2022.

Clerk of the Board
Paradise Valley Maintenance and Monitoring District
Fairfield, Solano County, California
I HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by the PVMMD Board on the 5
th day of July 2022.

ENGEO Pa~Je I 2 July 6. 2022
L. ·, . ~· ;,···,: ,., .2

Page 32 of 484 ends

Fairfield Geologic Hazard Abatement District
5698 002 021
Paradise Valley Maintenance c111d Monitoring District
_ _ __ _ _ _ _ _ E!1g111eer s ~~P<:10_

ENGINEER'S REPORT
for

PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT

FAIRFIELD, SOLANO COUNTY, CALIFORNIA
I. INTRODUCTION
The establishment of a real-property-related assessment to fund the PVMMD Plan of Control responsibilities is described in this Engineer's Report. A previous Engineer's Report was prepared for the PVMMD, dated July 22, 2010, and was adopted by the PVMMD Board of Directors. The initial Engineer's Report was adopted prior to the completion of construction of developments within Area "I" (The Ridge) and Area "L" (Paradise 360). The PVMMD now wishes to revise and update its Engineer's Report to represent the as-built conditions that reflect the present nature and scope of its services. The purpose of the Engineer's Report is to update and replace the Engineer's Report dated July 22, 2010, and associated assessment.

II. BACKGROUND
The Fairfield City Council formed the Paradise Valley Maintenance and Monitoring District (PVMMD or District) on July 6, 2010 (Resolution No. 2010-188), under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. The members of the Fairfield City Council act as the Board of Directors of the PVMMD.

The PVMMD Board of Directors approved the Plan of Control for the Paradise Valley Maintenance and Monitoring District (Plan of Control) with the approval of Resolution 2010-211 on July 20, 2010. The Plan of Control describes the PVMMD's responsibilities to permanently monitor and maintain PVMMD improvements within the District. This Engineer's Report describes the establishment of an assessment level to fund PVMMD activities necessary or incidental to geologic hazard mitigation, abatement, and control.

An initial Engineer's Report, dated July 22, 2010, was prepared by a registered professional engineer, certified in the State of California, in compliance with Public Resources Code Section 26651(a) and Section 4(b) of Article XIII (D) of the California Constitution. The Engineer's Report sets forth the estimated budget, the total assessment, the proposed estimate to be levied against each parcel within such territory, and a description of the method used in formulating the estimated assessment limits.

On October 5, 2010, the PVMMD Board of Directors adopted Resolution 2010-274, which approved the assessments against those parcels in the PVMMD as identified on the Boundary Map, which are specially benefited by the PVMMD. Subsequently, a Notice of Assessment and assessment diagram, were recorded, as provided for in Section 3114 of the California Streets and Highway Code, whereupon the assessment attached as a lien upon the properties within the PVMMD. The assessment can be levied in perpetuity at an amount up to the assessment limit, which is adjusted annually based on the percentage change in the San Francisco-Oakland-Hayward Consumers Price Index for All Urban Consumers.

The PVMMD includes residential developments, which were constructed between 2007 and 2021. The quantity and residential product types are described on Table 11-1.

ENGEO Page I 3 July 6. 2022

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Fairfield Geologic Hazard Abatement Distnct
5698 002 021
Paradise I/alley Maintenance and Monilonnq District
-·-- -· --··- Engineers Report
TABLE 11-1: Development Areas

SINGLE-FAMILY VILLAS
DEVELOPMENT DEVELOPMENT SINGL-FAMILY RESIDENCES COTT~GES APARTMENTS RESIDENCES . (medium .

AREA NAME (I d ·t ) (medium d ·t ) (medium
ow ensi Y density) ensi Y density)
The Ridge 20 50
K The Estates 150
L Paradise 360 68
Ill. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES
The land within the PVMMD boundary (PVMMD Area) is shown on the GHAD Boundary Plat in Exhibit A-1. The legal description of the PVMMD Area is included in Exhibit A-2.

IV. SERVICE LEVELS
The PVMMD's activities are those that are necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including construction, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing.

The PVMMD provides for the administration and review of facilities within the budgeted limits, including the following services.

1. Oversight of PVMMD operations.

2. In conjunction with the Solano County Assessor's Office, setting the annual levy of assessments on the property tax rolls.

3. Engagement of technical professionals to perform the monitoring duties as described in the PVMMD Plan of Control and as required by various government agencies.

4. Performance of PVMMD maintenance activities in accordance with the Plan of Control.

These maintenance activities include:
• General maintenance of the surface drainage improvements on PVMMD and City-owned Parcels (APN 0167-864-030, 0167-856-080, 0167-841-160, and 0167-951-490). The PVMMD is responsible for monitoring, maintenance, and repair of the concrete-lined drainage ditches, sedimentation basins, riprap-lined spillways, and storm drain inlets, outlets, and pipelines.
• Monitoring and maintenance of deflection walls.
• Monitoring and maintenance of measurement devices, such as piezometers, inclinometers, and tiltmeters, if installed in the future by the PVMMD. • Monitoring and repair of slopes and creek banks for erosion, landslide, and related slope instability.

ENGEO PJge I ,1 July 6. 2022

Page 34 of 484 ends

Fairfield Geologic Hazard Abatement District
5698 002 021
Paradise Valley Maintenance and Monilorinq Dislricl
__ __ _ _ _ __ __ Eng~ne_ec~~eport
• Maintenance of gravel-surfaced maintenance roads on PVMMD-owned parcels. • Maintenance of gates, fencing, and signage within the PVMMD-owned parcels. • Repair of gravel-surfaced maintenance roads on City-owned parcels (APNs 0167-864-030, 0167-856-080, 0167-841-160, and 0167-951-560) solely to the extent the maintenance roads are damaged by the use of PVMMD equipment on the roadways. • Vegetation control for fire suppression on PVMMD-owned parcels. • General maintenance including litter and graffiti removal on PVMMD-owned parcels.

5. Preparation of annual PVMMD budgets for approval by the PVMMD Board of Directors.

V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY

THE PVMMD
The PVMMD-maintained improvements are described in the Plan of Control. In general, these improvements include drainage systems, including concrete-lined drainage ditches in developed areas and PVMMD-owned parcels; storm drain inlets and outlets on PVMMD-owned parcels; subdrains and outlets; sedimentation basins, and deflection walls.

VI. ASSESSMENT METHOD AND BENEFIT
The PVMMD-maintained improvements described in Section IV are distributed within the PVMMD boundaries. Implementation and protection of these improvements provide a special benefit to all real property assessed within the PVMMD. The improvements and responsibilities listed in Section IV and the adopted Plan of Control provide specific benefits to the properties within the PVMMD Area, and the improvements are constructed for the benefit of those assessed and not the general public. The subject parcels are only being assessed for the reasonable costs of the proportional specific benefits conferred on the parcels.

A. Special Benefit and Proportionality
The improvements described in this document will confer some, or all, of the following special benefits to the assessed parcels within the PVMMD.

1. Protection from slope instability

2. Protection from erosion due to uncontrolled surface water

3. Protection of water quality

4. Protection from wild land fires due to unmanaged vegetation Construction of the PVMMD-maintained improvements and Plan of Control responsibilities are concentrated within the PVMMD-owned parcels and were a requirement to allow for development of Areas "I", "K", and "L"; therefore, the maintenance and repair of these improvements and lands are a special benefit to all residential parcels within the District.

Residential properties not located at or near the toe of the PVMMD-owned parcel slopes listed on Table Vl-1, have a lesser slope protection benefit; therefore, they receive a diminished ENGEO Page I 5 July 6. 2022

Page 35 of 484 ends

Fairfield Geologic Hazard Abatement Distnct
5698 002 021
Paradise Valley Mainlenance and Monitoring District
E n~1r:ee~:3_i3,epoE!.
special benefit and assessments are reduced accordingly. The proportion of benefit with respect to each of these categories is presented below in the assessment allocation formula.

TABLE Vl-1: PVMMD-owned Parcels

ASSESSOR'S PARCEL PARCEL LABEL SUBDIVISION NUMBER AREA (ACRES)

NUMBER (APN)
0167-080-050 51.66
0167-080-170 33.65
0167-080-210 E 81-SD-1 6.02
0167-951-570 91-SD-19 0.94
B. Assessment Method
To allocate assessment in proportion to special benefit conferred on assessed parcels/units, a formula has been derived that estimates the special benefit conveyed by the project. The formula includes several factors, which are weighted based on their relative effect on special benefit. All parcels benefit from the monitoring, maintenance, and replacement of PVMMD-maintained improvements and mitigation of geologic hazards to provide continued transportation access, access to amenities, and reduction of the potential property devaluation that could occur in the event of mobilization and manifestation of geologic hazards within the PVMMD. Special benefit is derived considering the following factors, and weighting has been applied to each factor to note its relative importance as compared to other factors. In addition, including a respective parcel's frontage along the toe of the PVMMD-owned slopes, we applied our professional judgment to the factor values regarding the relative efficacy of protective devices and projections of the effects of the Project.

M, = B rt}:?) +HZ:))
R, = ( ( 0 75P (Lr=:(s,)) )CJ)
G, = 0.25P c~~)) + HZ:))
T, = Assessment at Parcel i
B = Total annual assessment-based revenue required to support the GHAD operating budget M = Monitoring, Maintenance, and Repair Assessment Factor at Parcel i R; = Slope Mitigation Factor at Parcel i
G; = Geologic Hazard Factor at Parcel i
P = PVMMD Target Reserve
ENGEO Paqe 16 July 6. 2022

Page 36 of 484 ends

Fairfield Geologic Hazard Abatement Oistnct
5698.002.021
----- -- ---
Paradise Valley rv1ai11te11a11ce and Monilorinq District _ __ _ E0g1neersRep_Clrt
Ao= Area within a Development
Xo = No. of Parcels/Residential Units within Development AM= Maximum Average Area per Residential Parcel/Unit within a Development Ho= Average Habitable Square Footage per Residence within a Development HM = Maximum Average Habitable Square Footage per Residence within a Development U = Parcel/Unit Area Factor
H = Habitable Square Foot Factor
Xs = No. of Parcels/Residential Units adjacent to the base of an GHAD-owned or City-owned slope within a Development
SF= Length of Slope Frontage within a Development
II~iCSF) = Summation Length of Slope Frontage Parcel i for Parcels i ton • Monitoring, Maintenance, and Repair Siting - As discussed, the PVMMD-maintained improvements and Plan of Control responsibilities were a requirement to allow for development of Areas "I", "K", and "L"; therefore, the maintenance and repair of these improvements and lands are a special benefit to all residential parcels within the District.

The special benefit is conveyed to each parcel based the ratio of the average units per acre for an individual residential unit within each of the developments, weighted at 80 percent. A secondary factor (20 percent) was applied to account for the average habitable square footage ratio of residential units within each of the developments. • Slope Mitigation Siting - Certain parcels at or near the toe of the PVMMD-owned slopes receive a slope instability mitigation special benefit beyond what is received by other residential parcels within the PVMMD. The slope-proximity-related geologic hazards include potential future instability of the natural and graded slopes, large retaining walls, and failure of the PVMMD slope mitigation improvements (sedimentation basins, deflection walls, berms, spillways, and stormwater improvements). The special benefit is calculated by determining the average lineal feet of PVMMD-owned/City parcel frontage per residential unit within each of the developments. For the additional special benefit, the ratio is applied to an amount of 75 percent of the target reserve value. • Geologic Hazard Siting - All residences within the PVMMD receive a geologic hazard benefit. The geologic hazards included in this category include, but are not limited to, slope instability of intra development slopes and retaining walls, erosion, and seismically induced ground deformation. The special benefit is calculated in the same manner as the Monitoring, Maintenance, and Repair Factor. For the additional special benefit, the ratio is applied to an amount equal to 25 percent of the target reserve value. • Parcel/Unit Area Ratio - Is the area within each individual development divided by the number of residential parcels/units, then the quotient is divided by the maximum area per residential parcel/unit.
• Habitable Square Foot Ratio - Is the average habitable area per parcel/unit in a development divided by the development with the maximum habitable area per residential unit.

The weighted values described above have been computed to reflect the relative importance of each factor in the judgment of the PVMMD manager and assessment engineer (ENGEO), then the resulting ratios of the total assessment are assigned to each parcel/unit on a pro-rata basis.

An assessment level is determined for each parcel based on these factors. In overview, a ENGEO Pa90 I 7 July 6. 2022

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Fairfield Geoloqic Hazard Abatement Dislricl
5698 002.021
Paradise Valley Maintenance and Morulorinq Dislricl
Eng1n_e~_s f3eport_
large-area parcel/unit located at or near the base of the PVMMD-owned parcels/units will derive the greatest special benefit and, therefore, is assessed the largest amount. A small-area parcel/unit located away from the vicinity of the PVMMD-owned parcels receives the least special benefit and is therefore assessed the smallest amount. Other parcels/units will range between these extremes.

TABLE Vl-2: Assessment Ratio per Development Area and Residential Product Type

DEVELOPMENT DEVELOPMENT PRODUCT TYPE ASSESSMENT NUMBER

AREA NAME RATIO OF UNITS
The Ridge Villas -Apartments 0.41 50
The Ridge Cottages 0.42 20
K The Estates
Single-Family Residences 1.0 150 (Low Density)
L Paradise 360 Single-Family Residences 0.51 68 (Medium Density) In addition to the special benefit ratio identified in Table Vl-2, certain parcels at or near the toe of the PVMMD-owned slopes receive a slope instability mitigation special benefit beyond what is received by other residential parcels within the PVMMD ("Slope Mitigation Parcels/Units"). The slope instability assessment ratio shown on Table Vl-3 is determined by dividing the lineal feet of PVMMD-owned parcel frontage by the number of residential units within each of the developments.

TABLE Vl-3: Slope Instability Assessment Ratio per Development Area and Residential Product Type

DEVELOPMENT DEVELOPMENT PRODUCT TYPE SLOPE INSTABILITY NUMBER

AREA NAME ASSESSMENT RATIO OF UNITS
The Ridge Villas -Apartments 0.35 20
The Ridge Cottages 0.35 6
K The Estates
Single-Family Residences 1.0 26 (Low Density)
L Paradise 360 Single-Family Residences 0.41 10 (Medium Density) VII. ASSESSMENT LIMIT - BUDGET
The purpose of this Engineer's Report is to establish the assessment level and the apportionment of the assessment within the PVMMD as required under Proposition 218. The annual budget in each subsequent fiscal year will apprise the PVMMD Board of Directors of the estimated budget for the upcoming year.

A financial analysis was performed to provide a framework for an operating budget for the ongoing abatement, mitigation, prevention, and control of geologic hazards within the PVMMD Annexation Area. In preparation of the budget, several factors were considered including:

1. Site geology

2. Remedial grading

3. Proximity of geologic hazards to proposed residences

4. Improvements and structures

5. Site access considerations

6. Elements requiring routine maintenance, including, but not limited to:
• Surface drainage facilities
-
ENGEO Paae I 8 July 6. 2022
L.·,- -. · .. ' C_,-.·--:r .... _(=;

Page 38 of 484 ends

Fairfield Geoloqic Hazard Abatement Distrrct
5698.002.021
Paradise Valley Maintenance and Monitoring District
Engineers Report
---
• Graded slopes
• Sedimentation basins and deflection wall
• Fire breaks
Based on the estimated expenses for ongoing operations and allowing for larger (approximately $270,000) geologic events at 20-year intervals and maintenance of a reserve of $1,570,000 by 2051 (Fiscal Year 2022/2023 dollars), a budget was prepared for the purpose of estimating FY 2022/23 assessment levels (Exhibit B). Based on a review of the potential future allocation of the reserve funds, 75 percent was allocated to be a special benefit conferred on the Slope Mitigation Parcels· and 25 percent was allocated to other geologic hazard abatement efforts within all of the assessed parcels (Figure 1 ).

The engineer recommends an annual assessment for the PVMMD as shown on Table Vll-1 in Fiscal Year 2022/2023 dollars). An assessment roll showing the proposed FY 2022/23 assessment limit for each of the parcels/units within the PVMMD is attached (Exhibit C). The proposed initial assessment level will be automatically adjusted annually on June 30 to reflect the percentage change in the San Francisco-Oakland-Hayward Consumers Price Index for All Urban Consumers.

TABLE Vll-1: Recommended Annual Assessment for Fiscal Year 2022/23 DEVELOPMENT DEVELOPMENT PRODUCT TYPE FY 2022/23 NUMBER OF

AREA NAME ASSESSMENT UNITS
The Ridge Villas Apartments $146 30
The Ridge Villas Apartments (Slope) $470 20
The Ridge Cottages $182 14
The Ridge Cottages (Slope) $474 6
K Estates Single-Family Residences $357 124
K Estates
Single-Family Residences $1,282 26 (Slope)
L Paradise 360 Single-Family Residences $182 58
L Paradise 360 Single-Family Residences $520 10 (Slope) VIII. OWNER RESPONSIBILITIES
Northern California Retired Officers Community ("Owner") is responsible for managing and maintaining PVMMD Area "I" until the PVMMD accepts responsibility for the PVMMD-maintained improvements as set forth in the Plan of Control. In addition, the Owner is responsible for funding any necessary PVMMD functions or business undertaken for the PVMMD within Area "I" that the PVMMD Officers or Board of Directors determine are necessary before the PVMMD accepts the PVMMD Improvements. If the Owner fails to fund all or a portion of these costs, the costs shall be covered by the funds generated by and for the PVMMD (i.e., through the assessment), and the Owner shall be required to reimburse the PVMMD for such costs before the PVMMD can accept monitoring and maintenance responsibilities for the PVMMD Improvements.

ENGEO Page I 9 July 6, 2022

Page 39 of 484 ends

EXHIBIT A
EXHIBIT 1 - Plat
EXHIBIT 2 - Legal Description

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POINT OF

BEGINNING
89~0042759
S8T05'00"E
L 1 - LINE NUMBER
C1 - CURVE NUMBER
(R) - DENOTES RADIAL BEARING
DA TE: APRIL 2010 EXHIBIT 1 SHEET 1 OF 2

GEOLOGIC HAZARD ABATEMENT DISTRICT

AREA 'I', 'K' & 'L'

PARADISE VALLEY, CITY OF FAIRFIELD, CA
Carlson, Barbee, & Gibson, Inc.

CIVIL ENGINEERS • SURVEYORS • PLANNERS
6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575
1022-30 G: \1022-30\ACAD\EXHIBIT\EXHIBITB.DWG

Page 41 of 484 ends

LINE TABLE NO. BEARING LENGTH CURVE TABLE
NO. BEARING LENGTH L21 S89'12'50"E 451.79' NO. RADIUS DELTA LENGTH L1 S00'07' 40"W 719.26' L22 N13'4 7'1 O"E 33.81' C1 671.50' 16'17'28" 190.93' L2 S08'25'00"W 93.09' L23 S76'12'50"E 40.00' C2 728.50' 14'43'00" 187.12' L3 S49'31 '00"E 69.31' L24 N13'47'10"E 259.90' C3 471.50' 53·39'32" 441.57' L4 S38'12'00"E 72.96' L25 N48'37'1 O"E 145.45' C4 1017.50' 01'18'40" 23.28' LS S28'11 '00"E 521.48' L26 N48'37'1 O"E 165.41' cs 1089.00' 06'41' 48" 127.28' L6 S23'09'00"E 71.86' L27 N21 '52'1 O"E 432.96' C6 30.00' 92'07'50" 48.24' L7 S22'03'00"E 83.36' L28 N13'32'1 O"E 46.86'
L8 S11 '38'00"E 65.67' L29 N03'47'10"E 159.72'
L9 S07'51'00"E 350.94' L30 N13'12'50"W 149.82'
L10 S57'06'00"E 146.66' L31 N19'02'10"E 372.24'
L11 N66'28'00"E 265.68' L32 N30'12'10"E 252.13'
L12 N70'33'00"E 82.01' L33 N05'30'00"E 244.00'
L13 N76'47'00"E 75.56' L34 N55'59'00"W 142.52'
L14 N82'28'00"E 70.25' L35 S81 '11 '00"W 266.01'
L15 S78'22'00"E 100.21' L36 N52'24'00"W 94.18'
L16 N83'08'00"E 78.21' L37 N35'06'00"E 325.55'
L17 N73'18'40"E 406.40' L38 N30'30'00"E 175.41'
L18 N33'00'00"E 135.61' L39 S00'07' 40"W 266.79'
L19 S05'05'28"E 66.48'
L20 N86'13'12"E 71.50'
DA TE: APRIL 2010 EXHIBIT 1 SHEET 2 OF 2

GEOLOGIC HAZARD ABATEMENT DISTRICT

AREA 'I', 'K' & 'L'

PARADISE VALLEY, CITY OF FAIRFIELD, CA
Carlson, Barbee, & Gibson, Inc.

CIVIL ENGINEERS • SURVEYORS • PLANNERS
6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575
1022-30 G: \1022-30\ACAD\EXHIBIT\EXHIBITB_B.DWG

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APRIL 13, 2010
JOB NO.: 1022-30
EXHIBIT 2

LEGAL DESCRIPTION

GEOLOGIC HAZARD ABATEMENT DISTRICT

AREAS 'I', 'K' & 'L'

FAIRFIELD, CALIFORNIA

REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF

FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING ALL OF THAT CERTAIN MAP ENTITLED "THE AREA 'K', PARADISE VALLEY", RECORDED DECEMBER 16, 2004, IN BOOK 81 OF SUBDIVISION MAPS AT PAGE l, IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, AND A

PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO FIRST AMERICAN TITLE GUARANTEE COMPANY BY DEED RECORDED JUNE 30, 1989, IN SERIES NUMBER 1989-0042759 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWESTERN CORNER OF SAID MAP (81 SD 1);

THENCE, ALONG THE WESTERN, SOUTHWESTERN AND SOUTHEASTERN LINE OF SAID MAP (81 SD 1), THE FOLLOWING THIRTY-ONE (31) COURSES:
1) SOUTH 00°07'40" WEST 719.26 FEET,
2) ALONG THE ARC OF A NON-TANGENT 671.50 FOOT RADIUS CURVE TO

THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 08°41'32" WEST, THROUGH A CENTRAL ANGLE OF 16°17'28", AN ARC DISTANCE OF 190.93 FEET,
3) ALONG THE ARC OF A REVERSE 728.50 FOOT RADIUS CURVE TO THE

LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH
24°59'00" EAST, THROUGH A CENTRAL ANGLE OF 14°43'00", AN ARC DISTANCE OF 187.12 FEET,
4) SOUTH 08°25' 00" WEST 93.09 FEET,
5) SOUTH 49°31'00" EAST 69.31 FEET,
6) SOUTH 38°12'00" EAST 72. 96 FEET,
7) SOUTH 28°11'00" EAST 521.48 FEET,
8) SOUTH 23°09' 00" EAST 71.86 FEET,
9) SOUTH 22°03 I 00" EAST 83.36 FEET,
10) SOUTH 11°38'00" EAST 65.67 FEET,
P, \ 1000 • 1099\1022 • 30\LEGALS\LG·0ll. DOC

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LEGAL DESCRIPTION

Page 2 of 4 ends

APRIL 13, 2010
JOB NO . : 10 2 2 - 3 0
11) SOUTH 07°51'00" EAST 350.94 FEET,
12) SOUTH 57°06'00" EAST 146.66 FEET,
13) NORTH 66°28'00" EAST 265.68 FEET,
14) NORTH 70°33'00" EAST 82.01 FEET,
15) NORTH 76°47'00" EAST 75.56 FEET,
16) NORTH 82°28'00" EAST 70.25 FEET,
17) SOUTH 78°22'00" EAST 100.21 FEET,
18) NORTH 83°08'00" EAST 78.21 FEET,
19) NORTH 73°18'40" EAST 406.40 FEET,
20) NORTH 33°00'00" EAST 135.61 FEET,
21) ALONG THE ARC OF A NON-TANGENT 471. 50 FOOT RADIUS CURVE TO

THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 31°15'00" WEST, THROUGH A CENTRAL ANGLE OF 53°39'32", AN ARC DISTANCE OF 441.57 FEET,
22) SOUTH 05°05'28" EAST 66.48 FEET,
23) ALONG THE ARC OF A TANGENT 1,017.50 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 01°18'40", AN ARC DISTANCE OF 23.28 FEET,
24) NORTH 86°13'12" EAST 71.50 FEET,
25) ALONG THE ARC OF A NON-TANGENT 1,089.00 FOOT RADIUS CURVE

TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 86°13'12" WEST, THROUGH A CENTRAL ANGLE OF 06°41'48", AN ARC DISTANCE OF 127.28 FEET,
26) ALONG THE ARC OF A REVERSE 30.00 FOOT RADIUS CURVE TO THE

LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH
87°05' 00" EAST, THROUGH A CENTRAL ANGLE OF 92°07' 50"' AN ARC DISTANCE OF 48.24 FEET,
27) SOUTH 89°12'50" EAST 451.79 FEET,
28) NORTH 13°47'10" EAST 33.81 FEET,
29) SOUTH 76°12'50" EAST 40.00 FEET,
P: \1000 - 1099\1022 -J0\LEGALS\LG- 011. doc

Page 44 of 484 ends

LEGAL DESCRIPTION

Page 3 of 4 ends

APRIL 13, 2010
JOB NO.: 1022-30
30) NORTH 13°47' 10" EAST 259. 90 FEET, AND
31) NORTH 48°37' 10" EAST 145 .45 FEET TO THE EASTERN CORNER OF SAID MAP (81 SD 1), SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERN LINE OF SAID PARCEL OF LAND (89-0042759);
THENCE, ALONG SAID SOUTHEASTERN LINE OF SAID PARCEL OF LAND (89- 0042759), THE FOLLOWING EIGHT (8) COURSES:
1) NORTH 48°37'10
11 EAST 165.41 FEET,
2) NORTH 21°52'10" EAST 432.96 FEET,
3) NORTH 13°32'10" EAST 46.86 FEET,
4) NORTH 03°47'10" EAST 159.72 FEET,
5) NORTH 13°12'50" WEST 149.82 FEET,
6) NORTH 19°02'10" EAST 372.24 FEET,
7) NORTH 30°12'10" EAST 252.13 FEET, AND
8) NORTH 05°30'00" EAST 244.00 FEET TO THE SOUTHEASTERN CORNER

OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE CITY OF
FAIRFIELD BY DEED RECORDED APRIL 28, 1993, IN SERIES NO. 1993-00036610 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY;

THENCE, FROM SAID SOUTHEASTERN CORNER, ALONG THE SOUTHERN AND WESTERN LINE OF SAID PARCEL OF LAND (1993-00036610), THE FOLLOWING FIVE (5) COURSES:
1) NORTH 55°59'00" WEST 142.52 FEET,
2) SOUTH s1°11'00" WEST 266.01 FEET,
3) NORTH 52°24' 00" WEST 94.18 FEET,
4) NORTH 35°06' 00" EAST 325.55 FEET, AND
5) NORTH 30°30'00" EAST 175.41 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL OF LAND (89-0042759);
P:\1000 - 1099\1022-30\LEGALS\LG-0ll .doc

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LEGAL DESCRIPTION

Page 4 of 4 ends

APRIL 13, 2010
JOB NO.: 1022-30

THENCE, ALONG SAID NORTHERN LINE AND WESTERN LINE OF SAID PARCEL OF LAND (89-0042759) I THE FOLLOWING THREE (3) COURSES:
1) NORTH 89°27'40" WEST 2,306.87 FEET,
2) NORTH 88°07'00" WEST 1,098.24 FEET, AND
3) SOUTH 00°07'40" WEST 266.79 FEET TO SAID POINT OF
BEGINNING.

CONTAINING 157.43 ACRES OF LAND, MORE OR LESS.

END OF DESCRIPTION
cHRISTOHERs. HARMISON, P.L.s.

L . S . NO . 7 1 7 6
EXPIRES: DECEMBER 31, 2011
P:\1000 - 1099\1022-30\LEGi\LS\LG-Oll.doc

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EXHIBIT B
BUDGET - July 6, 2022

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---------ENGEO
Paradise Valley Maintenance and Monitoring District
Budget - July 6, 2022

ASSUMPTIONS
Total No. of Residential Units - Actual
Equivalent Assessment Units
Equivalent Assessment Units (Slope)
Annual Assessment Limit per Residential Unit (FY 2022/2023) Annual Adjustment in Assessment (estimated)
Inflation ( estimated)
Investment Earnings ( estimated)
Frequency of Large-Scale Repair (years)
Cost of Large-Scale Repair (current$)
ESTIMATED ANNUAL EXPENSES IN 2022/23 DOLLARS
Administration (Manager, Treasurer, Clerk, and Legal Counsel) Outside Administration Services, Membership, and Insurance Monitoring Activities
Maintenance and Operation
Capital Improvements
Major Repair (Annualized)
288
214

39.25 Table Vll-1

2.5%

2.5%

1.5%
20 $200,000
$19,850
$23,197
$9,000
$36,470
$9,492
$10,000
TOTAL $108.009
5698.002.021
July 6, 2022

Page 48 of 484 ends

EXHIBIT C
ASSESSMENT ROLL - FISCAL YEAR 2022/23

Page 49 of 484 ends

---------ENGEO
[),peel Excelter«:»

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 80 5 $-
167 80 17 $-
167 80 21 Parcel E $-
167 80 22 6000 Patriot Plaza $- Clubhouse
167 80 22 6001 Patriot Plaza $- Amenities
167 8 22 6002 United Circle $182.00
167 8 22 6003 United Circle $182.00
167 8 22 6004 United Circle $182.00
167 8 22 6005 Honor Place $474.00
167 8 22 6006 Honor Place $474.00
167 8 22 6100 United Circle $4,700.00 6101 - 6110
167 8 22 6200 United Circle $4,700.00 6210- 6210
167 8 22 6211 United Circle $474.00
167 8 22 6212 United Circle $474.00
167 8 22 6213 United Circle $474.00
167 8 22 6214 United Circle $474.00
167 8 22 6215 United Circle $182.00
167 8 22 6216 United Circle $182.00
167 8 22 6217 United Circle $182.00
167 8 22 6218 United Circle $182.00
167 8 22 6219 United Circle $182.00
167 8 22 6220 United Circle $182.00
167 8 22 6221 Pride Lane $-
Environmental
Center
167 8 22 6222 Allegiance Court $182.00
167 8 22 6223 Allegiance Court $182.00
167 8 22 6224 Allegiance Court $182.00
167 8 22 6225 Allegiance Court $182.00
167 8 22 6226 Allegiance Court $182.00
167 8 22 6300 United Circle $- Classroom
167 8 22 6400 United Circle $1,460.00 6401 - 6410
167 8 22 6500 United Circle $1,460.00 6501 - 6510
167 8 22 6600 United Circle $1,460.00 6601 - 6610
167 841 1 1408 Couples Circle $1,282.00
167 841 2 1404 Couples Circle $1,282.00
167 841 3 1400 Couples Circle $1,282.00
167 841 4 1396 Couples Circle $1,282.00
167 841 5 1392 Couples Circle $1,282.00
167 841 6 1388 Couples Circle $1,282.00
167 841 7 1384 Couples Circle $1,282.00
5698.002.021
July 6, 2022

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---------ENGEO

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 841 8 1380 Couples Circle $1,282.00
167 841 9 1376 Couples Circle $1,282.00
167 841 10 1372 Couples Circle $1,282.00
167 841 11 1368 Couples Circle $1,282.00
167 841 12 1364 Couples Circle $1,282.00
167 841 13 1360 Couples Circle $1,282.00
167 841 14 1356 Couples Circle $1,282.00
167 841 15 1352 Couples Circle $1,282.00
167 841 16 Parcel B $357.00
167 841 17 4921 Couples Court $1,282.00
167 841 18 4917 Couples Court $357.00
167 841 19 4913 Couples Court $357.00
167 841 20 4909 Couples Court $357.00
167 841 21 4905 Couples Court $357.00
167 841 22 4901 Couples Court $357.00
167 842 1359 Couples Circle $357.00
167 842 2 1363 Couples Circle $357.00
167 842 3 1367 Couples Circle $357.00
167 842 4 1371 Couples Circle $357.00
167 842 5 1375 Couples Circle $357.00
167 842 6 1379 Couples Circle $357.00
167 842 7 1383 Couples Circle $357.00
167 842 8 1387 Couples Circle $357.00
167 842 9 1391 Couples Circle $357.00
167 842 10 1395 Couples Circle $357.00
167 842 11 1399 Couples Circle $357.00
167 842 12 1403 Couples Circle $357.00
167 843 1394 Stewart Drive $357.00
167 843 2 1390 Stewart Drive $357.00
167 843 3 1386 Stewart Drive $357.00
167 843 4 1382 Stewart Drive $357.00
167 843 5 1378 Stewart Drive $357.00
167 843 6 1374 Stewart Drive $357.00
167 843 7 1370 Stewart Drive $357.00
167 843 8 1366 Stewart Drive $357.00
167 843 9 1362 Stewart Court $357.00
167 843 10 1358 Stewart Court $357.00
167 843 11 1354 Stewart Court $357.00
167 843 12 1350 Stewart Court $357.00
167 851 4845 Duval Street $357.00
5698.002.021
July 6, 2022

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---------ENGEO

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 851 2 4841 Duval Street $357.00
167 851 3 4837 Duval Street $357.00
167 851 4 4833 Duval Street $357.00
167 851 5 4829 Duval Street $357.00
167 851 6 4825 Duval Street $357.00
167 851 7 4821 Duval Street $357.00
167 851 8 4817 Duval Street $357.00
167 851 9 4813 Duval Street $357.00
167 852 1415 Thunderbird Court $357.00
167 852 2 1419 Thunderbird Court $357.00
167 852 3 1422 Thunderbird Court $357.00
167 852 4 1418 Thunderbird Court $357.00
167 852 5 4816 Duval Street $357.00
167 852 6 4820 Duval Street $357.00
167 852 7 4824 Duval Street $357.00
167 852 8 1413 Jones Court $357.00
167 852 9 1417 Jones Court $357.00
167 852 10 1424 Jones Court $357.00
167 852 11 1420 Jones Court $357.00
167 852 12 1428 Duval Street $357.00
167 852 13 1432 Duval Street $357.00
167 852 14 1436 Duval Street $357.00
167 852 15 1440 Duval Street $357.00
167 852 16 1381 Stewart Drive $357.00
167 852 17 1385 Stewart Drive $357.00
167 852 18 1389 Stewart Drive $357.00
167 852 19 1393 Stewart Drive $357.00
167 852 20 1397 Stewart Drive $357.00
167 852 21 1401 Stewart Drive $357.00
167 852 22 1405 Stewart Drive $357.00
167 852 23 1409 Stewart Drive $357.00
167 852 24 1413 Stewart Drive $357.00
167 852 25 1417 Stewart Drive $357.00
167 852 26 1421 Stewart Drive $357.00
167 853 1414 Stewart Drive $357.00
167 853 2 1410 Stewart Drive $357.00
167 853 3 1406 Stewart Drive $357.00
167 853 4 1402 Stewart Drive $357.00
167 853 5 1398 Stewart Drive $357.00
167 854 1422 Stewart Drive $357.00
5698.002.021
July 6, 2022

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---------ENGEO

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 854 2 1418 Stewart Drive $357.00
167 855 1 1407 Couples Circle $357.00
167 855 2 1411 Couples Circle $357.00
167 855 3 1415 Couples Circle $357.00
167 855 4 1419 Couples Circle $357.00
167 855 5 1423 Couples Circle $357.00
167 855 6 1427 Couples Circle $357.00
167 855 7 1431 Couples Circle $357.00
167 856 1 1436 Couples Circle $1,282.00
167 856 2 1432 Couples Circle $1,282.00
167 856 3 1428 Couples Circle $1,282.00
167 856 4 1424 Couples Circle $1,282.00
167 856 5 1420 Couples Circle $1,282.00
167 856 6 1416 Couples Circle $1,282.00
167 856 7 1412 Couples Circle $1,282.00
167 856 8 Parcel B $-
167 861 4809 Duval Street $357.00
167 861 2 4805 Duval Street $357.00
167 861 3 4801 Duval Street $357.00
167 861 4 4797 Duval Street $357.00
167 861 5 4793 Duval Street $357.00
167 861 6 Parcel D $-
167 861 7 1401 Annandale Drive $357.00
167 861 8 1405 Annandale Drive $357.00
167 861 9 1409 Annandale Drive $357.00
167 861 10 1413 Annandale Drive $357.00
167 861 11 1417 Annandale Drive $357.00
167 861 12 1421 Annandale Drive $357.00
167 861 13 1425 Annandale Drive $357.00
167 861 14 1429 Annandale Drive $357.00
167 861 15 1433 Annandale Court $357.00
167 861 16 1437 Annandale Court $357.00
167 861 17 1441 Annandale Court $357.00
167 861 18 1445 Annandale Court $357.00
167 861 19 1449 Annandale Court $357.00
167 861 20 1453 Annandale Court $357.00
167 861 21 1446 Annandale Court $357.00
167 861 22 1442 Annandale Court $357.00
167 861 23 1438 Annandale Court $357.00
167 861 24 1434 Stewart Drive $357.00
5698.002.021
July 6, 2022

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---------ENGEO

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 861 25 1430 Stewart Drive $357.00
167 861 26 1426 Stewart Drive $357.00
167 862 1425 Annandale Court $357.00
167 862 2 1429 Annandale Court $357.00
167 862 3 1433 Annandale Court $357.00
167 862 4 1437 Annandale Court $357.00
167 862 5 4800 Chesapeake Court $357.00
167 862 6 4804 Chesapeake Court $357.00
167 862 7 4808 Chesapeake Court $357.00
167 862 8 4805 Chesapeake Court $357.00
167 862 9 1410 Annandale Drive $357.00
167 862 10 1406 Annandale Drive $357.00
167 862 11 1402 Annandale Drive $357.00
167 862 12 4804 Duval Street $357.00
167 862 13 4808 Duval Street $357.00
167 862 14 4812 Duval Street $357.00
167 862 15 1411 Thunderbird Court $357.00
167 863 1 1435 Couples Circle $357.00
167 863 2 1439 Couples Circle $357.00
167 863 3 1443 Couples Circle $357.00
167 863 4 1447 Couples Circle $357.00
167 863 5 1451 Couples Circle $357.00
167 864 1456 Couples Circle $357.00
167 864 2 1452 Couples Circle $357.00
167 864 3 Parcel B $-
167 864 4 1444 Couples Circle $1,282.00
167 864 5 1440 Couples Circle $1,282.00
167 951 1427 Tahiti Drive $182.00
167 951 2 4431 Tahiti Drive $182.00
167 951 3 4435 Tahiti Drive $182.00
167 951 4 Parcel C $-
167 951 5 4443 Tahiti Drive $182.00
167 951 6 4447 Tahiti Drive $182.00
167 951 7 4451 Tahiti Drive $182.00
167 951 8 4455 Tahiti Drive $182.00
167 951 9 4459 Tahiti Drive $182.00
167 951 10 4463 Tahiti Drive $182.00
167 951 11 4467 Tahiti Drive $182.00
167 951 12 4471 Tahiti Drive $182.00
167 951 13 4475 Tahiti Drive $182.00
5698.002.021
July 6, 2022

Page 54 of 484 ends

---------ENGEO

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 951 54 Parcel E $-
167 951 55 Parcel D $-
167 951 56 Parcel J $-
167 951 57 Parcel $-
167 952 1 4440 Tahiti Drive $182.00
167 952 2 4444 Tahiti Drive $182.00
167 952 3 4448 Tahiti Drive $182.00
167 952 4 4452 Tahiti Drive $182.00
167 952 5 4456 Tahiti Drive $182.00
167 952 6 4460 Tahiti Drive $182.00
167 952 7 4464 Tahiti Drive $182.00
167 952 8 4468 Tahiti Drive $182.00
167 952 9 4472 Tahiti Drive $182.00
167 952 10 4476 Tahiti Drive $182.00
167 952 11 Parcel H $-
167 952 12 4475 Bahama Way $182.00
167 952 13 4471 Bahama Way $182.00
167 952 14 4467 Bahama Way $182.00
167 952 15 4463 Bahama Way $182.00
167 952 16 4459 Bahama Way $182.00
167 952 17 4455 Bahama Way $182.00
167 952 18 4451 Bahama Way $182.00
167 952 19 4447 Bahama Way $182.00
167 952 20 4443 Bahama Way $182.00
167 952 21 4441 Bahama Way $182.00
$112,528.00
5698.002.021
July 6, 2022

Page 55 of 484 ends

---------ENGEO

BOOK PAGE PARCEL NUMBER STREET STREET ASSESSMENT LIMIT NOTES/UNITS FY 2022/2023
167 951 14 4479 Tahiti Drive $182.00
167 951 15 4483 Tahiti Court $182.00
167 951 16 4487 Tahiti Court $182.00
167 951 17 Parcel B $-
167 951 18 Parcel A $-
167 951 19 4500 Tahiti Court $520.00
167 951 20 4496 Tahiti Court $520.00
167 951 21 4492 Tahiti Court $520.00
167 951 22 4488 Tahiti Court $520.00
167 951 23 4484 Tahiti Court $520.00
167 951 24 Parcel G $-
167 951 25 4476 Bahama Way $520.00
167 951 26 4472 Bahama Way $520.00
167 951 27 4468 Bahama Way $182.00
167 951 28 4464 Bahama Way $182.00
167 951 29 4460 Bahama Way $182.00
167 951 30 4456 Bahama Way $182.00
167 951 31 4452 Bahama Way $182.00
167 951 32 4448 Bahama Way $182.00
167 951 33 4444 Bahama Way $182.00
167 951 34 4440 Bahama Way $182.00
167 951 35 4443 Cancun Court $182.00
167 951 36 4447 Cancun Court $182.00
167 951 37 4451 Cancun Court $182.00
167 951 38 4455 Cancun Court $182.00
167 951 39 4459 Cancun Court $182.00
167 951 40 4463 Cancun Court $182.00
167 951 41 4467 Cancun Court $182.00
167 951 42 4471 Cancun Court $520.00
167 951 43 4464 Cancun Court $520.00
167 951 44 4460 Cancun Court $520.00
167 951 45 4456 Cancun Court $182.00
167 951 46 4452 Cancun Court $520.00
167 951 47 4448 Cancun Court $182.00
167 951 48 4444 Cancun Court $182.00
167 951 49 Parcel F $-
167 951 50 4417 Cancun Drive $182.00
167 951 51 4421 Cancun Drive $182.00
167 951 52 4425 Cancun Drive $182.00
167 951 53 4429 Cancun Drive $182.00
5698.002.021
July 6, 2022

Page 56 of 484 ends

Agenda Item No: N.1

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council/Fairfield Housing Authority Chair and Commissioners FROM: David Gassaway, City Manager/Executive Director
SUBJECT: Resolutions 2025-103 Through 2025-108 and Resolution HA2025-03 FN Fiscal Year 2025-2026 and Fiscal Year 2026-27 Budget Adoption
Approving the Fiscal Year 2025-2026 and 2026-2027 Budget and Financial Plan Funding Source: Various
Contact: John Furtado, (707) 428-7629

RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The fiscal years (FY) 2025-26 and 2026-2027 Budget is available on the City’s website. The attached resolutions comprise the FY 2025-2026 and 2026-2027 Budget.

DISCUSSION
The attached resolutions do the following:
- Budget Resolutions – Approves appropriations for all funds, updates the Financial Plan and budget policies, includes approval of updated fee schedules, and includes revised staffing schedules for the City and Housing Authority budgets. - General Obligation Bonds Resolution – Approves General Obligation Bond property tax rates for the costs of the North Bay Aqueduct.
- Proposition 4 Appropriations Limit Resolution – Approves the FY 2025-2026 Proposition 4 appropriations limit as required by State law. Fairfield continues to be under this Statedefined limit. - Assembly Bill (AB) 1600 Development Fee Findings Resolution – Is an annual findings resolution required by State law on the status of AB1600 fees that have been deposited with the City (the resolution itself does not change AB 1600 fees). - Vehicle and Equipment Purchase Resolution – Approves vehicle and equipment purchases for FY 2025-26.

Page 57 of 484 ends

- Investment Policy Resolution – Re-adopts the City’s existing investment policy.

FINANCIAL IMPACT
Fiscal impacts are discussed comprehensively in the budget document.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Budget study sessions were held in March, April, and May of 2025. Public notice was published in the Daily Republic on June 1 and 8, 2025.

ALTERNATIVE ACTION
The following alternative actions are possible:
 Budget – Revise resolutions. State law does not require a specific form of budget, but it is fiscally prudent to authorize a spending plan for each fiscal year. If the fee adjustments are not approved, the current fee levels will remain in effect.  General Obligation Bonds – Do not approve property tax rates. This would shift $435,561 of costs to the General Fund.
 Prop 4 Appropriations Limit – State law requires the adoption of this limit with the annual budget. The limiting factors are defined by the State.  AB 1600 Development Fee Findings – State law requires that annual findings be adopted, which the City does at the time of budget adoption.  Vehicle and Equipment Purchases – Do not approve vehicle and equipment purchases for FY 2025-26. This would cause increased delays in the purchases of necessary vehicles and equipment.
 Investment Policy – Do not approve the re-adoption of the investment policy.

COORDINATED WITH
All City Departments

STAFF CONTACT
John Furtado, Director of Finance
(707) 428-7629
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution – Budget
Attachment 3: Proposed Resolution – Housing Authority Budget Attachment 4: Proposed Resolution – General Obligations Bonds Attachment 5: Proposed Resolution – Prop 4 Limit
Attachment 6: Exhibit A – Prop 4 Limit
Attachment 7: Proposed Resolution – AB 1600 Update
Attachment 8: Proposed Resolution – Vehicle and Equipment Purchases Attachment 9: Exhibit B – FY2026 Vehicle and Equipment Purchases Attachment 10: Proposed Resolution – Investment

Page 58 of 484 ends

Attachment 11: Exhibit C – Investment Policy

Page 59 of 484 ends

CITY OF FAIRFIELD
RESOLUTION NO. 2025-103
APPROPRIATING THE FISCAL YEAR 2025-2026 AND 2026-2027 BUDGET, UPDATING THE

FINANCIAL PLAN FOR THE CITY OF FAIRFIELD
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The estimated revenues, expenditures, and transfers, including cost allocation plan contributions, as proposed for fiscal year (FY) 2025-2026 and 2026-2027, for all funds as set forth within the “FY 2025-26 and 2026-27 Budget” are hereby approved.

Section 2. The updated Financial Plan is hereby approved as an operating guideline for the scheduling and implementation of all City capital projects, bond issuance, and interfund transfers, loans, and repayments, provided that such projects, bonds, and loans are subject to subsequent specific City Council approval.

Section 3. All revenues subsequently received by City funds in excess of amounts appropriated by this resolution, except otherwise noted for FY 2025-2026 and 2026-2027, are hereby appropriated for purposes of Article XIIIB to their respective undesignated fund balances.

Section 4. Pursuant to Res. 99-286, the salary schedule for City employees incorporated into this budget is hereby approved.

Section 5. The positions authorized in the staffing schedule for FY 2025-2026 are hereby approved. The city manager is authorized to approve temporary overfill of positions if there is adequate budget.

Section 6. The fee amendments included within the “FY 2025-2026 and 2026-2027 Budget” are hereby approved and shall take effect July 1, 2025. The feesshall be adjusted annually, effective July 1, by the percent change in the Consumer Price Index. The “Consumer Price Index” means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners, as reported by the Bureau of Labor Statistics or successor agency, from the April of the preceding calendar over the preceding April, for the San Francisco Bay Area, the Western Urban region, and the U.S. Cities indices.

Section 7. The city manager and director of finance are hereby authorized to implement this resolution, including issuing the Approved FY 2025-2026 and 2026-2027 Budget, together with any non-substantive corrections to the Proposed Budget document.

Page 60 of 484 ends

RES. NO. 2025-103

Page 2 ends

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

Page 61 of 484 ends

FAIRFIELD HOUSING AUTHORITY
RESOLUTION HA2025-03
APPROPRIATING FISCAL YEAR 2025-2026 AND 2026-2027 BUDGET AND UPDATING THE

FINANCIAL PLAN
NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The estimated revenues, expenditures, and transfers as proposed and set forth within the fiscal year 2025-2026 and 2026-2027 Budget, with respect to all Housing Authority funds contained therein, are hereby appropriated.

Section 2. The Financial Plan is hereby approved as an operating guideline for the scheduling and implementation of all Housing Authority capital projects, bond issuances, and interfund transfers, loans, and repayments; provided that such projects, bonds, and loans are subject to subsequent specific Housing Authority approval.

Section 3. The executive director is hereby authorized to implement this resolution, including submittal of the necessary budget documentation to the U.S. Department of Housing and Urban Development.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

CHAIR
ATTEST:
____________________________

SECRETARY

Page 62 of 484 ends

CITY OF FAIRFIELD
RESOLUTION NO. 2025-104
APPROVING THE FISCAL YEAR 2025-2026 GENERAL OBLIGATION BOND PROPERTY TAX RATES NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. A zone of benefit property tax rate of 0.002000 for fiscal year (FY) 2025-2026 is hereby fixed and established in the amount required to pay $435,561 for the City of Fairfield FY 2025-2026 unit costs of the North Bay Aqueduct and the obligation for repayment of the "upfront" costs and advances for the North Bay Aqueduct Project, based on the assessed valuation that will be reported by the County Assessor for the FY 2025-26 assessment roll, and the County of Solano is hereby requested to levy said rate.

Section 2. The city manager is hereby authorized to implement this resolution.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: COUNCILMEMBERS: ____________________________________________ ABSENT: COUNCILMEMBERS: ____________________________________________ ABSTAIN: COUNCILMEMBERS: ____________________________________________ ____________________________________________
MAYOR
ATTEST:
____________________________

CITY CLERK

Page 63 of 484 ends

CITY OF FAIRFIELD
RESOLUTION NO. 2025-105
ESTABLISHING THE FISCAL YEAR 2025-2026 APPROPRIATIONS LIMIT NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. Pursuant to Government Code Section 7910 and Article XIIIB of the California Constitution, the approved appropriations limit for fiscal year 2025-2026, as calculated pursuant to Exhibit A, is hereby established at $343,299,000.

Section 2. The city manager is hereby authorized to implement this resolution.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

Page 64 of 484 ends

Exhibit A
Proposition 4 (Gann Limit) Analysis
Section 7910 of the California Government Code and Article XIIIB of the California Constitution (referred to as the “Gann Limit”) restrict the amount of revenue that cities can appropriate in any fiscal year.

Annually, the City must adopt a resolution to approve the appropriations limit based on actual appropriations in FY 1978-79, adjusted by a.) the greater of growth in California per capita income or the percentage change in the local assessment roll from the preceding year due to the addition of new nonresidential construction in the City, and b.) the greater of the growth in City or County population.

Section 37200 requires that the Gann Limit and the total appropriations subject to the limitation be published in the annual budget. The City’s limitation is calculated annually and was adopted by City Council resolution as part of its annual operating budget. Below is the calculation.

Actual Projected Projected
FY 2023/24 FY 2024/25 FY 2025/26
Growth Factors A & B (use the greater of each)
(A) City Population Growth Factor (%) OR 0.18% 0.32% -0.07% County Population Growth Factor -0.52% 0.04% -0.03%
(B)
% change due to non-residential construction-Not
Available
Per capita personal income % change over prior
year 4.44% 3.62% 6.44%
New Factor to Apply to Prop 4 Limit
(City or County population factor X change in nonresidential construction) OR N/A N/A N/A (City or County population factor X change in per
capita personal income) 1.0463 1.0395 1.0637
Gann Limit
310,476,000

322,740,000

343,299,000
Estimated Revenues Subject to the Limit
116,134,532

121,328,533

123,499,757
Unused Appropriations Limit
194,341,468

201,411,467

219,799,243
The following represents a trend analysis of the appropriations limit versus the net proceeds of taxes for the last five fiscal years. The City expects to remain under its appropriations limit well into the future. 109 114 116 121 123
168 183 194 201 220
-
50 100
150
200
250
300
350
400
FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26
Millions
Revenues Subject to Limit Unused Appropriations Limit

Page 65 of 484 ends

CITY OF FAIRFIELD
RESOLUTION NO. 2025-106

MAKING CERTAIN FINDINGS RELATED TO DEVELOPMENT IMPACT FEES WHEREAS, the City imposes Development Impact Fees pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq. and commonly referred to as AB 1600) and Article XI of Chapter 25 of the Fairfield Municipal Code; and
WHEREAS, Section 25.1508 of the Fairfield Municipal Code requires the City Council to make certain findings once each year with respect to the status of fees which have been deposited with the City for five or more years and remain unexpended.

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

Section 1. In accordance with AB 1600 and Section 25.1508 of the Fairfield Municipal Code, the City Council makes the following findings:

A. All of the AB 1600 fees collected by the City of Fairfield from June 20, 1995 to June 30, 2025, have either been expended on, or are committed to, the capital projects identified in the Final Report on Capital Projects which was submitted to the City Council on March 24, 1995, and updated in the AB 1600 Plan Update Technical Report, which was approved by council in Resolution 2006-155 on November 21, 2006, and also partially updated in the Final Report on Citywide Transportation Impact Fee and Park Impact Fee Update and Report on Northeast Area Fees, which were approved by Council in Resolution 2013-69 on May 7, 2013.

B. The purpose of the AB 1600 fees is to construct "public facilities," including streets, traffic signals, urban design features, government buildings, parks and recreational facilities, sewer and drainage infrastructure, and greenbelt preservation.

C. The City caused the preparation of development impact fee nexus studies in 1995, 2002, 2006, 2013, and 2022 (the “Nexus Studies”). The Nexus Studies demonstrate the reasonable relationship between the fees and the purposes for which they are being used.

Section 2. The fiscal year (FY) 2025-2026 Budget and Five-Year Capital Improvement Program shows current sources and amounts of funding and dates for construction for incomplete projects.

Page 66 of 484 ends

RES. NO. 2025-106

Page 2 ends

Section 3. As part of the City's normal budget process, the council sets the schedule for AB 1600 projects and allocates the available funding. The City's FY 2025-2026 Budget and Five-Year Capital Improvement Program shows the current project schedule.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

Page 67 of 484 ends

CITY OF FAIRFIELD
RESOLUTION NO. 2025-107
APPROVING VEHICLE AND EQUIPMENT PURCHASES FOR THE FISCAL YEAR 2025-2026 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council adopts the fiscal year 2025-2026 Vehicle and Equipment Purchases provided in Exhibit B.

Section 2. The council suspends competitive bidding when utilizing a cooperative purchase agreement or sole source purchasing and hereby authorizes the city manager to approve their use in Vehicle and Equipment Purchases, provided in Exhibit B.

Section 3. The city manager is hereby authorized to approve the purchase amounts in Exhibit B, not to exceed 20%. Additional costs shall be paid out of the department’s operating budget.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

Page 68 of 484 ends

City of Fairfield
Vehicle and Equipment Purchases
FY 2025‐26
Exhibit B
Department/Division
Funding
Source Unit # Description
Current
Model Year Amount
Police 51250403 160 FORD E‐350 VAN 2006 80,599
Police 51250403 P19258 BMW  MOTORCYCLE RT1250 2019 47,165 Police 51250403 P19259 BMW MOTORCYCLE RT1250 2019 47,165 Police 51250403 P19260 BMW MOTORCYCLE RT1250 2019 47,165 Police 51250403 75* POLICE INTERCEPTOR UTILITY 2017 98,390 Police 51250403 238* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 P21304* POLICE INTERCEPTOR UTILITY 2021 98,390 Police 51250403 230* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 231* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 232* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 233* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 234* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 235* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 236* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 237* POLICE INTERCEPTOR UTILITY‐K9 2015 104,539 Police 51250403 245* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 239* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 240* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 242* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 243* POLICE INTERCEPTOR UTILITY 2015 98,390 Police 51250403 244* POLICE INTERCEPTOR UTILITY 2015 98,390 Storm Drains 51260209 13302 VAC‐CON 2013 26,922
Utility Cut Crew 51260601 12556 SAW 2016 80,000
Utility Cut Crew 51260601 12502 SAW TRAILER 2016 20,000 Water Distribution 51260602 16005* Ford Explorer ‐ Lightening 2016 82,000 Water Distribution 51260602 16002* F‐150 ‐ Lightenings 2016 100,000 Water Distribution 51260602 18061* PICKUP ‐ 1/2 TON ‐ Lightening 2018 100,000 Water Distribution 51260602 18043* PICKUP ‐ 1/2 TON ‐ Lightening 2018 100,000 Water Distribution 51260602 18065* PICKUP ‐ 1/2 TON ‐ Lightening 2018 100,000 Water Distribution 51260602 18198* PICKUP ‐ 1/2 TON ‐ Lightening 2018 100,000 Water Distribution 51260602 15116 TRUCK ‐ 1 TON ‐ FLAT BED DUMP W GENERAT 2015 190,000 Water Distribution 51260602 14581 TRAILER ‐ 10 FEET ‐ 2990 GVWR 2014 20,000 Waterman 51260604 14528 2014 EZ‐GO Freedom 2014 10,000
Waterman 51260604 14529 2014 EZ‐GO Freedom 2014 10,000
Waterman 51260604 12218 TRUCK ‐ 1‐1/2 TON ‐ 4X4‐SC‐UTIL BED‐CRA 2012 225,000 Waterman 51260604 13024* SUV ‐ COMPACT ‐ Lightening 2013 80,000 Fire 51255101 F1422 Pierce Type I 2014 1,000,000
PW‐Prks 51260314 New FORD ‐ Etransit cargo N/A 90,640
PW‐Prks 51260314 New FORD ‐ Etransit cargo N/A 90,640
PW‐Prks 51260314 New FORD ‐ Etransit cargo N/A 90,640
Water Admin 51260600 New* PICKUP ‐ 1/2 TON ‐ Lightning N/A 100,000 Total 4,516,715
*Accelerating or upgrading purchase due to either production issues, department need or meeting electrification regulations

Page 69 of 484 ends

City of Fairfield
Vehicle and Equipment Purchases
FY 2025‐26
Exhibit B
Purchases approved in prior years, will occur in FY26
Department/Division
Funding
Source Unit Description
Current
Model Year Status
Previously
Approved
Proposed
Amount
NBR 51260800 8802 FORKLIFT ‐ OFF ROAD 1988 On Order 96,006 96,006 NBR 51260800 11117 TRUCK ‐ 1‐1/2 TON ‐ UTIL BED ‐ CRANE 2011 Not Ordered 195,000 225,000 Utility Cut Crew 51260601 15070 FORD F‐250 UTILITY BED 2015 On Order 111,500 111,500 Water Distribution 51260602 13260 TRUCK ‐ TURNOUT 2013 On Order 392,386 392,386 Water Distribution 51260602 17312* VAC‐CON Hydro Excavation Truck 2017 On Order 607,000 607,000 Water Distribution 51260602 15115 PICKUP ‐ 3/4 TON ‐ SUPER CAB ‐ UTIL BED 2015 On Order 110,000 110,000 Waterman 51260604 5362 2002 NISSAN NISSAN 50 2007 On Order 109,843 109,843 Sewer 51260308 15011 PICKUP ‐ 1/2 TON ‐ SUPER CAB 2015 On Order 76,696 76,696 Sewer 51260308 17311 VAC‐CON Combo sewer truck 2017 On Order 701,000 701,000 Police 51250403 214* FORD SUV ‐ Chevy Blazer 2014 Not Ordered 87,118 87,118 Fire 51255101 F1752 Pierce Type III‐downgrading to Type V 2016 On Order 395,000 395,000 Fire 51255101 F1753 Pierce Type III 2016 On Order 661,000 661,000 Community Development 51245200 15173 Ford F‐150 2015 On Order 80,000 80,000 Community Development 51245200 15176 Ford F‐150 2015 On Order 80,000 80,000 Community Development 51245200 15177 Ford F‐150 2015 On Order 80,000 80,000 PW‐BLDG 51260310 8147 FORD EXPLORER 2008 Not Ordered 107,484 107,484 PW‐ENG 51260106 15153 FORD  F‐150 SUPERCREW 2015 On Order 73,542 73,542 PW‐Prks 51260314 15059 PICKUP ‐ 1/2 TON ‐ SUPER CAB 2015 On Order 87,125 87,125 PW‐STR 51260206 15020 FORD  EXPLORER 2015 Not Ordered 65,000 65,000 PW‐STR 51260206 15025 FORD EXPLORER ‐ Lightning 2015 On Order 65,000 82,000 PW‐STR 51260206 18406 ATLAS COPCO 185 2018 Not Ordered 51,000 52,530 PW‐VEH MAINT 51260111 4363 Kawasaki Mule 2003 On Order 42,994 42,994 PW‐VEH MAINT 51260111 8053 FORD   2008 On Order 76,936 76,936 PW‐VEH MAINT 51260111 10206 FORD  F‐450 2010 On Order 197,996 197,996 Fire 51255101 F0650 Skeeter replacing wildland 2014 On Order              445,000          445,000 PW‐TRA 51260201 13337 Ford F‐550 Aerial Truck 2013 On Order              275,000          275,000 PW‐VEH MAINT 51260311 1242 FORD‐350 Utility Fire Maint 2012 On Order              165,572          165,572 PW‐HEART 51260206 18537 GRAFFITI TRAILER 2018 Not Ordered                 35,000            35,000 Streets 51260206 12407 TANK TRAILER 2012 Not Ordered                 10,000            25,000 Water Distribution 51260800 462 TRAILER ‐ 23 FEET ‐ 28700 GVWR 2 AXLE 2003 On Order                 52,000            52,000 Water Distribution 51260602 13304 TRUCK ‐ 1 TON ‐ FLAD BED VALVE TURNIN 2013 On Order              204,450          204,450 Water Distribution 51260602 14558 CONCRETE SAW 2014 Not Ordered                 92,500            82,500 Waterman 51260604 13221 PICKUP ‐ 1/2 TON 2013 On Order                 80,000            80,000 Total           5,909,147      5,962,677
*Accelerating or upgrading purchase due to either production issues, department need or meeting electrification regulations.

Page 70 of 484 ends

CITY OF FAIRFIELD
RESOLUTION NO. 2025-108

APPROVING THE CITY OF FAIRFIELD INVESTMENT POLICY
WHEREAS, AB 2853 has made the annual adoption of an investment policy optional; and WHEREAS, this policy has been prepared in accordance with standards established by the Association of Public Treasurers of the United States and Canada.

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

Section 1. Pursuant to Government Code 53601, the City of Fairfield Investment Policy is hereby approved as attached hereto and incorporated by reference in Exhibit C.

Section 2. The director of finance is hereby authorized to do all things necessary to implement said Investment Policy, working in conjunction with the city treasurer.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

Page 71 of 484 ends

Exhibit C
Investment Policy

1. Purpose and Scope
It is the policy of the City to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds.

The purpose of this policy is to provide broad guidelines to the officers of the City charged with the responsibility for the investment of temporarily idle surplus funds of the City and its affiliated agencies:

This investment policy applies to all financial assets of these entities. The funds of these entities are described in the City’s Comprehensive Annual Financial Report and include its General Fund, Capital Projects Funds, Special Revenue Funds, Enterprise Funds, Internal Service Funds, Fiduciary Funds and Successor Agency Trust Funds. All investment of idle funds is governed by Federal and State law and by this policy.

The purpose of this policy is to also identify various procedures that enhance opportunities for a systematic investment process. The initial step toward a prudent investment policy is to organize and formalize investment related activities. Related activities, which comprise good cash management, include accurate cash projection, the expeditious collection of revenue, the control of disbursements, cost effective banking relations, and a short-term borrowing program which coordinates working capital requirements and investment opportunities. In concert with these requirements are the many facets of an appropriate and secure investment program.

The Director of Finance, under the supervision and direction of the City Manager, is responsible for administering the City’s investments. In furtherance of this responsibility, the Director of Finance shall issue and administer detailed Investment Instructions which may change periodically and which will implement this Investment Policy. The investment of bond proceeds will be governed by the provisions of relevant bond documents.

Safeguards will be set into place to ensure that adequate operating reserves are established and maintained to provide that cash in sufficient amounts will be available to pay for immediate expenditures as authorized by the City's budget. Funds so maintained will be deposited in a manner best serving the City.

It will be further recognized that the City has a responsibility to monitor the security of its assets and always maintain a level of quality so that the public at large will have the highest confidence that its best interests are being served. Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such funds shall be reinvested only as provided by this policy.

2. Prudence and Risk Tolerance
Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by investment officials shall be the “prudent investor” standard and shall be applied in the context of managing an overall portfolio. When investing, reinvesting, purchasing,

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acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

The City recognizes that investment risks of the following can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity:

A. Credit risk is the possibility that deterioration of an issuer’s creditworthiness will adversely affect the value of its bonds or that an issuer will not make timely payments of interest or principal on its bonds (default). A decline in a bond issuer’s credit rating, or creditworthiness, may cause prices for its outstanding bonds to decline. This shall be mitigated by limiting investments to those allowed under this policy and by diversification.

B. Market or Interest Rate risk, defined as market value fluctuations due to overall changes in market price, shall be mitigated by eliminating the need to sell securities prior to maturity and investing operating funds primarily in shorter-term securities, money market funds or similar investment pools, thereby limiting the average maturity of the portfolio. Investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the safety of capital as well as the income to be derived.

Investment officers acting in accordance with written procedures and the City’s investment policy and exercising due diligence shall be relieved of personal responsibility and liability for an individual security credit risk or market price changes, provided that deviations from expectations are reported in a timely fashion, and appropriate action is taken to control adverse developments.

3. Objectives and Performance Standards
The primary objectives, in priority order, of the City’s investment activities shall be:

A. Safety: Safety of principal is the foremost objective of the City’s investment program, followed by liquidity and return on investments. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the City’s portfolio. To obtain this objective, the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Each investment transaction shall seek to first insure that capital losses are avoided, whether they are from securities default or erosion of market value.

Investment decisions should not incur unreasonable investment risks in order to obtain current investment income.

B. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Emphasis will be on marketable securities with low sensitivity to market risk. Maturities of investments for which there is limited opportunity for resale shall be staggered to maximize liquidity.

C. Return on Investments: The City maintains an active investment strategy and its investment portfolio shall be designed with the objective to attain a rate of return which approximates

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benchmarks to be selected by the City’s investment advisory committee throughout budgetary and economic cycles, commensurate with and taking into account the City's safety objective, investment risk constraints, average investment duration of the City’s portfolio, cash flow characteristics of the portfolio, and laws that restricts the investment of funds.

4. Delegation of Authority and Investment Procedures
The authority to manage the City’s investment program is derived from California Government Code Section 53601 et seq and section 2.14.15 of the City’s municipal code. The management and oversight responsibility for the investment program is hereby delegated to the Director of Finance, who shall be responsible for all transactions undertaken, monitor and review all investments for consistency with this Investment Policy and establish written procedures for the operation of the investment program, consistent with this investment policy.

Such procedures shall include a system of controls to provide explicit delegation to and regulate the activities of subordinate staff and officials of authority who are responsible for investment activities and transactions, including procedures addressing safekeeping, wire transfer agreements, collateral/depository agreements, banking services, and procedures to be used in absence of the Director of Finance. No person shall engage in an investment transaction except as provided for in this policy and these procedures.

The City may contract for the use of investment manager services subject to all other provisions of this Investment Policy. The Director of Finance shall maintain investment instructions for internal and external management of investments by the investment managers consistent with this policy and State government code requirements. Such managers must be registered under the Investment Advisers Act of 1940.

5. Ethics and Conflict of Interest
Officers and employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions. Officers and employees involved in the investment process shall abide by the City’s Conflict of Interest Code, California government code section 1090 and the California Political Reform Act.

Employees and investment officials shall disclose to the City Clerk and material financial interests in financial institutions that conduct business within their jurisdiction, and they shall further disclose any large personal financial positions that could be related to the performance of the City.

These disclosure requirements shall include complying with the disclosure and disqualification requirements as established by the Fair Political Practices Commission and Conflict of Interest Codes of the City. A copy of each Investment Official's Statement of Economic Interest, which is required to contain disclosure of any material financial interests in financial institutions doing business in the City, shall be filed annually with the City Clerk.

6. Authorized Banks, Investment Brokers / Dealers and Institutions The Director of Finance shall maintain a list of authorized broker/dealers and financial institutions, authorized to provide investment services, and it shall be the policy of the City to purchase securities only

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from those authorized institutions or firms. These broker/dealers will further be required to submit a certification that they have received, read, and agreed to comply with the City’s annual Investment Policy.

If a third-party investment advisor is authorized to conduct investment transactions on the City’s behalf, the investment advisor may use its own list of approved broker/dealers and financial institutions for investment purposes. The investment advisor’s approved list must be made available to City upon request. In selecting financial institutions for the deposit or investment of City funds, the credit rating of these institutions will be considered. These financial institutions shall be authorized to provide investment services in California.

All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Director of Finance with the following: audited financial statements, proof of National Association of Security Dealers certification, trading resolution, proof of state/province registration, a completed broker/dealer questionnaire, and a written certification agreeing to abide by the City’s investment policy and depository contracts.

A periodic review of the financial condition and registrations of qualified bidders may be conducted by the Director of Finance or designee. As part of any review performed, a current audited financial statement will be obtained and maintained on file for those financial institutions and brokers/dealers in which the City invests with. Whenever reasonable a competitive bid process, utilizing a minimum of three financial institutions deemed eligible by the Director of Finance will be used to place investment purchases. The City shall transact business only with banks, savings and loans, and with brokers/dealers approved by the Investment Advisory Committee.

7. Permitted Investments
The City is authorized by State law to invest in the following types of securities. The following includes the maximum maturities and maximum percentage or amounts that may be invested by type:

Investment Type Maximum % or $
Maximum
Maturity
Minimum
Required Rating
Bank/Time Deposits None 5 years N/A
U.S. Treasuries None 5 years N/A
U.S. Agencies 75% (25% for one issuer) 5 years N/A
Money Market Funds 20% (10% with one mutual fund) N/A N/A Bankers Acceptances 30% (5% with one bank) 180 days A1/P1 Commercial Paper 25% (5% with one firm) 270 days A1/P1
Negotiable CDs 30% (5% with one bank) 5 years
A < 1 year
AA for 1-5 years

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Investment Type Maximum % or $
Maximum
Maturity
Minimum
Required Rating
LAIF
Per State Statute – the City has 3 accts
($65 million per account as of 1/2017)

N/A N/A
CAMP / Caltrust None N/A N/A
CDs non-negotiable /
CDARS
30%
(5% with one bank)
3 years N/A
Municipal Obligations (5% with one agency) 5 years
A (except City’s
Own bonds)
Medium Term Notes 30% 5 years A
Supranationals 10% 5 Years AAA
It is the intent that investments shall be managed in such a way that any market price losses resulting from interest-rate volatility would be offset by coupon income and current income received from the overall portfolio over market cycles. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements.

Pursuant to Government Code Section 53601 et seq. the City may only invest in the following security types (See the Glossary section for a detailed description of each of these investment types):

A. U.S. Government Treasury Bills and Notes
B. U.S. Government Sponsored Enterprise Debt (GSE’s) (known as Agencies) C. Certificates of Deposit (non-negotiable) (CDs)
The City is authorized to use of private CD placement services by local agencies. This investment policy allows for the use of a placement service called the Certificate of Deposit Account Registry Service (CDARS), which acts as the master custodian for the placement of CDs. Through the use of this placement service, local banks that work with CDARS place one investment by the City and divide the deposit into individual CDs not to exceed $250,000, so that each individual CD is fully insured by the FDIC.

D. Bankers Acceptances (BA)
Those with an A1/P1 rating as provided for by a nationally recognized statistical-rating organization (NRSRO)
E. Commercial Paper
Prime commercial paper with an A1/P1 rating as provided for by a NRSRO. Purchases must be limited to corporations organized and operating within the United States, and as a practical

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matter generally only those corporations operating within the State of California, having total assets in excess of $500 million, and having an "A" or higher rating for the issuer's debentures, other than commercial paper (as-provided by Moody's or Standard and Poor's rating services). In addition, purchases may not represent more than ten percent (10%) of the outstanding paper of an issuing corporation.

F. State of California Local Agency Investment Fund (LAIF) G. CalTrust / California Asset Management Program (CAMP) H. Domestic money market mutual funds
These must be registered with the Federal Securities and Exchange Commission (SEC), have over $500 million in total assets, be rated in the highest rating category by two nationally recognized rating services and only invest in:
a) U.S. Government or federal agency securities and repurchase agreements, b) Tax exempt obligations or other investment instruments specifically included in the local investment policy
I. Negotiable Certificates of Deposit
Must be issued by a nationally or state chartered bank or savings and loan association, or by a state licensed branch of a foreign bank.

J. Medium Term Corporate Notes
Notes issued by corporations organized and operating within the U.S. or by depository institutions licensed by the United States or any state and operating within the U.S. Must be rated “”A” or better by a NRSRO.

If a corporate note owned by the City is downgraded by either Moody’s or S&P to a level below the quality required by this Investment Policy, it shall be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such a corporate note in the portfolio.

If a security is downgraded two grades below the level required by the City, the security shall be sold immediately. If a security is downgraded one grade below the level required by this policy and matures within 6 months, the security will be held to maturity. The Director of Finance may determine to sell the security if it is determined that there is a probability of default prior to maturity. If a decision is made to retain the security in the portfolio, its presence in the portfolio will be monitored and reported quarterly to the City Council.

K. Municipal Obligations
Must be rated “A” or better by a nationally recognized rating agency. except for the City’s own bonds and bonds issued by the City’s former Redevelopment Agency and its Financing Authority, which may have any rating. Municipal Obligations include:

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a. Registered state warrants or treasury notes or bonds of the State of California and bonds, notes, warrants, or other evidences of indebtedness of any local agency within California, including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by the state or local agency or by a department or agency of the state or local agency. b. Registered treasury notes or bonds of any of the 49 U.S. States in addition to the State of California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 U.S. States, in addition to California.

L. Supranationals
Must be rated “AAA” or better by a nationally recognized rating agency and is U.S. dollar denominated senior unsecured unsubordinated obligations issued by the International Bank for Reconstruction and Development, International Finance Corporation, or the Inter-American Development Bank.

8. Diversification
It is the policy of this City to diversify the investment portfolio in order to reduce the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of securities.

See Section IX for limitations by category on the investment of City funds. Maturities shall be selected which provide for stability of income and reasonable liquidity. Risks of market price volatility shall be controlled through maturity and issuer diversification.

In order to reduce portfolio risk, the City's portfolio will be diversified by security type and institution.

With the exception of U.S. Treasury and Agency securities and authorized pools, no more than 50% of the City’s total investment portfolio will be invested in a single security type or with a single financial institution. The portfolio shall be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institution. The City shall diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. In a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall portfolio’s investment return.

9. Nondiscrimination
Investments shall not knowingly be made in any institution that practices or supports, directly or indirectly through its actions, discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, gender, or physical disability.

10. Maximum Maturity
As specified in Government Code Section 53601, the City Council must expressly authorize the investment of funds that mature in excess of five years. Placement of such investments cannot occur until three months have lapsed from the date of authorization. Bond covenants may allow for a longer-term investment for bond reserves held with a fiscal agent. To the extent possible, investment maturities shall be based on a review of cash flow forecasts and maturities will be scheduled so as to permit the City to meet all projected obligations and cash flow requirements.

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11. Ineligible Investments
Any security type or structure not specifically approved by this policy and investment instructions is specifically prohibited. Security types, which are thereby prohibited to be purchased as defined by Government Code Section 53601.6 include, but are not limited to a.) complex derivative structures such as range notes, inverse floaters, or any other complex variable rate or structure note, b.) Interest-only strips that are derived from a pool of mortgages (i.e. Collateralized Mortgage Obligations), or any security that could result in zero interest accrual if held to maturity. c) Repurchase or reverse repurchase agreements, mortgage and asset backed securities, and trade in options or future contracts.

12. Sales Prior to Maturity
Sales prior to maturity are permitted. It is also recognized that in a changing interest rate environment, it may be financially advantageous to sell investments at a book value loss in order to reinvest into a more profitable security.

13. Reporting
The Director of Finance shall render to the City Manager, the City Council, and City Clerk a monthly report which provide a clear picture of the status of the current investment portfolio. The report shall include the following information on investments:
a. A listing of individual securities held at the end of the reporting period by authorized investment category
b. Average life and final maturity of all investments listed c. Coupon, discount or earnings rate
d. Par value, amortized book value and market value
e. Percentage of the portfolio represented by each investment category.

The monthly report shall also include a.) compliance of the portfolio to the Investment Policy and State law, or state the manner in which the portfolio is not in compliance; b.) details of all of the City’s funds, investments or programs that are under management of contracted parties, including lending programs; and c.) a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available.

The report should include comments on the fixed income markets and economic conditions, discussions regarding restrictions on percentage of investment by categories, possible changes in the portfolio structure going forward and thoughts on investment strategies.

In accordance with Governmental Accounting Standards Board (GASB) Statement No. 31, “Accounting and Financial Reporting for Certain Investments”, as of June 30th of each Fiscal Year the City will report all investments in excess of one year at market value (in the Comprehensive Annual Financial Report—FR).

Any change in the value of the investments will be recognized annually, as a part of interest income.

14. Review of Investment Policy
The City’s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed once every two years by the City Council and any modifications made thereto must be approved by the City Council.

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15. Scope and Interest Allocation
Except for cash held in separate restricted funds, the City will pool cash balances from all funds for investments to maximize earnings and efficiencies with regards to investment pricing, safekeeping and administration. The Department of Finance shall allocate interest to funds based upon their average cash balances and in accordance with Generally Accepted Accounting Principles (GAAP). Funds with average daily balances of $10,000 or less will not receive interest allocation. All interest earnings not otherwise allocated shall be allocated to the General Fund.

16. Investment Advisory Committee
An Investment Advisory Committee has been formed for the purpose of overseeing the implementation of the City's investment program and assuring it is consistent with the investment policy as approved by the City Council. The advisory committee shall consist of the City Treasurer, Director of Finance and the Accounting Manager. The Investment Advisory Committee will meet with the City’s investment managers as needed or as market or economic condition changes to determine general strategies and to monitor results. The committee shall include in its deliberations such topics as: economic outlook, portfolio diversification and maturity structure. The written investment procedures shall be reviewed by the investment advisory committee periodically.

17. Internal Controls
The Department of Finance will establish a system of internal controls, which shall be documented in writing. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion, segregation of duties, separating transaction authority from accounting and recordkeeping, custodial safekeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies and code of ethical standards. In addition, whenever possible pre-formatted wire transfers will be used to transfer funds to pre-authorized accounts. The Director of Finance shall establish an annual process for independent review of these controls by an external auditor. This review will help to ensure compliance with the City’s investment policies and procedures.

18. Safekeeping and Custody
Guidelines
All security transactions entered into by the City shall be conducted on a delivery versus payment (DVP) basis as evidenced by safekeeping receipts in the City’s name. To protect against fraud and embezzlement, the investment securities of the City shall be held in the City's safe or held by a third-party custodian designed by the Director of Finance in accordance to established safekeeping procedures. Custody will be evidenced by safekeeping receipts.

Securities purchased from brokers/dealers shall be held in a third party custodian account, which the City has established for safekeeping. Said securities are to be held in the name of the City with the trustee executing investment transactions as directed by the appropriate City official. Receipts for confirmation of purchase of authorized securities must include trade date, pay value, maturity, rate, price, yield, and

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settlement date, description of securities purchased, agency's name, and third party custodian information.

Trust Agreements
The City shall direct the investment activities of trustees. Such direction shall be in keeping with the terms and condition of its trust agreements, applicable law and policies set forth in the Investment Policy. In addition to the acceptable investment instruments listed in this policy, bonds proceeds may be invested in securities permitted under Section 53635 and other investment instruments allowed by State law, and which comply with requirements imposed by bond insurance and rating agencies.

19. Adding Investment Pools / Money Market Mutual Funds A thorough investigation of the pool / fund is required prior to investing and on a continual basis. There shall be a questionnaire developed and responded to by the pool / fund which will address the following general areas:
• Authorized Investments • Investment Policy and Objectives • Interest Calculations / Distributions • Investment Limitations • Who May Invest • Eligibility for holding Bond Proceeds • Frequency Statements/Portfolio listings • Treatment of Gains and Losses • Safeguarding of Investments • Settlement Process
• Deposit / Withdrawal Limitations • Utilization of Reserves by Fund • Frequency of audits/security pricing • Fee Schedule/When and How assessed

20. Collateralization
Collateral for time deposit in savings and loans is to be held by the Federal Home Loan Bank. Collateral for time deposits in banks is to be held in the City's name in the bank trust department or by the Federal Reserve. Bank Collateralization is required on Certificates of Deposit (non-negotiable) in excess of $250,000, as all financial institutions also have FDIC insurance up to $250,000.. (California Government Code Section 53652 (a)). The City chooses to limit collateral to eligible securities per the Government Code.

In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest. The right of collateral substitution may be granted by the City. Collateral will always be held by an independent third party with whom the financial institution has a current custodial agreement. These parties are limited to only those trust companies and trust departments, or the Federal Home Loan Bank of San Francisco, which have been approved by the California State Superintendent of Banks. A clearly market evidence of ownership (safekeeping receipt) must be supplied to the City and retained.

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21. Glossary
Accrued Interest: Coupon interest accumulated on a bond or note since the last interest payment or, for a new issue, from the dated date to the date of delivery.

Agencies: Federal agency securities and/or Government-sponsored enterprises. These include securities of government agencies such as, but not limited to: Federal National Mortgage Association (FNMA); Federal Home Loan Bank (FHLB); Government National Mortgage Association (GNMA); Community Development Corporation (CDC), Small Business Association (SBA), Tennessee Valley Authority (TVA), Federal Farm Credit Bank (FFCB) and Federal Home Loan Mortgage Corporation (FHLMC).

Arbitrage: Transactions by which securities are bought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. The 1986 Tax Reform Act made this practice by municipalities illegal solely as a borrowing tactic, except under certain safe-harbor conditions.

Asked: The price at which securities are offered.

Asset Backed Securities: Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolving lines of credits. Asset-backed securities are structured as trusts in order to perfect a security interest in the underlying assets.

Bank Deposits: To deposit collateral in the form of currency that may be in the form of demand accounts (checking) or investments in accounts that have a fixed term and negotiated rate of interest.

Bank Notes: A senior, unsecured, direct obligation of a bank or U.S. branch of a foreign bank.

Bankers’ Acceptance (BA): These are bills of exchange or time drafts drawn on, and accepted by, commercial banks in the top 100 of the world, which are eligible for purchase by the Federal Reserve System. Acceptance of the draft obligates the bank to pay the bearer the face amount of the draft at maturity. In addition to the guarantee by the accepting bank, the transaction is secured with a specific commodity. The sale of the underlying goods will generate the funds necessary to liquidate the indebtedness. BAs are usually created to finance the import and export of goods, the shipment of goods within the United States and the storage of readily marketable staple commodities. BAs are sold at a discount from par and the amount and maturity date are fixed.

Basis Point: Refers to the yield on bonds. Each percentage point of yield in bonds equals 100 basis points (1/100% or 0.01%). If a bond yield changes from 7.25% to 7.39% that is an increase of 14 basis points.

Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

Bid: The price offered by a buyer of securities. When you are selling securities, you ask for a bid. See Offer.

Bond Proceeds: The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These moneys are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract.

Bonds: A debt obligation of a firm or public entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the principal.

Book Entry: The system maintained by the Federal Reserve, by which most money market securities are delivered to an investor’s custodial bank. The Federal Reserve maintains a computerized record of the ownership of these securities and records any changes in ownership corresponding to payments made over the Federal Reserve wire (delivery versus payment).

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Book Value: The value at which a debt security is shown on the holder’s balance sheet. Book value is acquisition cost less amortization of any premium or discount.

Broker: A broker assists in the buying and selling of investments together for a commission.

California Asset Management Program (CAMP): CAMP is a money market portfolio created for California Public Agencies. Similar to LAIF, CAMP provides daily liquidity, money market returns and unlimited number of deposits and withdrawals. CAMP may hold a broader range of securities that would not be eligible under the City investment criteria.

Since CAMP is subject to different statutory investment provisions, any such variances in their holdings are acceptable under this policy
Call Price: The price at which an issuer may redeem a bond before maturity Callable Bond: A bond issue in which all or a part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions CALTRUST: A Joint Powers Authority created by public agencies to provide a convenient method for public agencies to pool their assets for investment purposes. CalTRUST is governed by a Board of Trustees made up of experienced local agency treasurers and investment officers. The Board sets overall policies for the program and oversees the activities of the investment manager and other agents.

CD Placement Service: A private cd placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS (Certificate of Deposit Account Registry System) is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

Certificate of Deposit (CD): A time deposit with a maturity evidenced by a certificate See “NonNegotiable” and “Negotiable” Certificate of Deposit. Large-denomination CDs are typically negotiable.

Collateral: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

Commercial Paper: Unsecured promissory notes issued to finance short term credit needs, with maturities ranging from 2 to 270 days. Unsecured promissory notes are issued to finance short term credit needs. The paper must be of "prime" quality of the highest ranking, or of the highest letter and numerical rating as provided by Moody's or Standard& Poor's. Eligible paper is further limited to issuing corporations that are organized and operate within the United States, have total assets in excess of $500 million, and have an 'A1-P1' rating for its debt from Moody's or Standard & Poor's.

Comprehensive Annual Financial Report (CAFR): The official annual report for the City. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

Corporate Notes and Bonds: Debt instruments, typically unsecured, issued by corporations, with original maturities in most cases greater than one year and less than ten years. Medium term notes (MTN) are unsecured, corporate and depository institution debt obligations. Allowable medium term notes must be issued by corporations organized and operating within the United States (U.S.) or by depository institutions licensed by the U.S. or any state and operating within the U.S. MTNs must be rated “A” or better by Moody’s or Standard and Poor’s.

Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value and (b) a certificate attached to a bond evidencing interest due on a payment date.

Credit Rating: Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Standard & Poor’s and Fitch Ratings use the same system, starting with their highest rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody’s Investors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each of the services use pluses (+), minuses (-), or numerical modifiers to

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indicate steps within each category. The top four letter categories are considered investment grade ratings.

Credit Risk: The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market’s perception of a corporation’s credit will cause the market value of a security to fall, even if default is not expected.

CUSIP Number: The Committee on Uniform Security Information Procedures (CUSIP) Number refers to a security’s identification number assigned to each publicly traded security by the CUSIP Service Bureau operated by Standard & Poor’s for the American Bankers Association. The CUSIP Number is a ninecharacter identifier unique to the issuer, the specific issue and the maturity, if applicable (the first six characters identifying the issuer, the next two identifying the security and the last digit provides a check digit to validate the accuracy of the preceding CUSIP number).

Custodian: A bank or other financial institution that keeps custody of stock certificates and other assets.

Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account.

Debenture: A bond secured only by the general credit of the issuer.

Defeased Bond Issues: Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document.

Delivery Versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

Derivatives: Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or financial contracts based upon amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).

Discount: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price after sale is considered sold at a discount.

Discount Securities: Non-interest-bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.

Diversification: Dividing investment funds among a variety of securities offering independent returns Duration: A measure of the sensitivity of the price (the value of principal) of a fixed-income investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates mean falling bond prices, while declining interest rates mean rising bond prices.

Effective Duration: A measure of the price sensitivity of fixed-income investments, especially for those with embedded option features such as call options. As yields rise, the effective duration of a callable investment rises to reflect the fact that it has become less likely to be called. The more rates rise, the longer the effective duration will become, approaching the duration to maturity. The converse is true in a declining interest rate environment (that is, the more rates fall, the shorter the effective duration will become, approaching the duration to call). For securities without an embedded option, the duration to call, maturity, and effective duration are all the same.

Extendable Notes: Securities with maturity dates that can be extended by mutual agreement between the issuer and investor. When investing in these types of securities, the maturity date plus the stated extendable option must not exceed the time frames that are allowed in California Government Code or the investment policy for the investment type.

Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., banks, small business firms, students, farmers, farm cooperatives, and exporters.

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Exhibit C
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, up to $250,000 per deposit.

Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

Federal Home Loan Banks (FHLB): Government sponsored wholesale banks which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank.

Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac): A United States government sponsored corporation.

Federal National Mortgage Association (FNMA or Fannie Mae): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, is a private stockholder-owned corporation and its purchases include a variety mortgages and second loans, in addition to fixed rate mortgages.

FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.

Fiduciary: A person who holds something in trust for another and bears liability for its safekeeping.

First Tier Securities: Securities that have received short-term debt ratings in the highest category from the requisite nationally recognized statistical-rating organizations (NSROS), or are comparable unrated securities, or are issued by money market funds, or government securities. [See sec Rules: Paragraph (a)(12) of rule 2a-7]
Government Accounting Standards Board (GASB): A standard-setting body, which prescribes standard accounting practices for governmental units.

Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes.

Guaranteed Investment Contracts (GICS): An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest.

Interest: The amount a borrower pays to a lender for the use of his or her money.

Interest Rate Risk: The potential for a decline in bond prices and the market value of bonds in the portfolio, due to rising market interest rates. In general, bond prices vary inversely with interest rates. The change in a bond’s price depends on several factors, including its maturity date. In general, bonds with longer maturities are more sensitive to changes in interest rates than bonds with shorter maturities.

Similarly, bond funds with longer average portfolio maturities, such as the CalTRUST Medium-Term and

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Exhibit C
Long-Term Accounts, will be more sensitive to interest rate changes than those with shorter average portfolio maturities, such as the CalTRUST Short-Term account.

Investment Agreements: Investment agreements are contracts with respect to funds deposited by an investor. Investment agreements are often separated into those offered by banks and those offered by insurance companies. In the former case, they are sometimes referred to as “bank investment contracts.” Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

Liquidity Risk: The chance that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.

Local Agency Investment Fund (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LAIF was created in the California State Treasury by Section 17429 GC. LAIF holds local government funds in trust in a state investment pool in order to provide safety, liquidity and the benefits of the investment pool yield for local government entities invested in LAIF.

Market Risk: The price at which a security is trading and could be presumably be purchased or sold. In general, as interest rates fall, prices of fixed income securities rise.

Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk that affects all securities within an asset class similarly.

Market Value: The price at which a security is trading and could presumably be purchased or sold on a specific date.

Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase and reverse repurchase agreements that establish each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.

Maturity: The date upon which the principal or stated value of an investment becomes due and payable.

Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. Rule 2a-7 of the Investment Company Act applies to Money Market Funds, which mandates these funds to maintain certain standards, including a 13-month maturity limit and a 90 day average maturity on investments, to maintain a constant net asset value of $1.00.

Mortgage Backed Securities (MBS): Mortgage-backed securities (MBS) are created when a mortgagee or a purchaser of residential real estate mortgages creates a pool of mortgages and markets undivided interests or participations in the pool. MBS owners receive a prorata share of the interest and principal cash flows (net of fees) that are “passed through” from the pool of mortgages. MBS are complex securities whose cash flows are determined by the characteristics of the mortgages that are pooled together.

Investors in MBS face prepayment risk associated with the option of the underlying mortgagors to prepay or payoff their mortgage. Most MBS are issued and/or guaranteed by federal agencies and instrumentalities (e.g., Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA), and Federal Home Loan Mortgage Corporation (FHLMC)).

Mortgage Pass-Through Obligations: Securities that are created when residential mortgages (or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the mortgages are sold.

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Exhibit C
Mutual Funds: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments.

National Association of Securities Dealers (NASD): A self-regulatory organization (SRO) of brokers and dealers in the over the counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities.

Nationally Recognized Statistical Rating Organizations (NSROs): Credit rating agencies whose ratings are permitted to be used for regulatory purposes such as Securities and Exchange Commission.

Negotiable Certificate of Deposit (NCD): A large denomination certificate of deposit which can be sold in the open market prior to maturity. Generally, it is a short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. The majority of negotiable CDs mature within six months, while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). These instruments are supported only by the strength of the institution issuing them.

Net Asset Value (NAV): A term used in the mutual fund industry to determine the average price per share of a pool or mutual fund. How this measure varies over time provides information on whether the pool is stable or variable. NAV is the market value of all securities in a mutual fund, less the value of the fund’s liabilities, divided by the number of shares in the fund outstanding. Shares of mutual funds are purchased at the fund’s offered NAV.

Net Present Value: An amount that equates future cash flows with their value in the present terms.

Non-Negotiable Certificates of Deposit: Funds deposited in nationally or state-chartered bank or state or federal association for a specified period of time at a specified rate of interest. The first $250,000 is guaranteed by the Federal Deposit Insurance Corporation (FDIC) for banks, the Federal Savings and Loan Insurance Corporation (FSLIC) for savings and loan associations and the National Credit Union Share Insurance Fund (NCUSIF) for credit unions. CDs with a face value in excess of $250,000 must be collateralized at 110% of market value with pledged securities of the bank.

Note: A written promise to pay a specified amount to a certain entity on demand or on a specified date.

Usually bearing a short-term maturity of a year or less (though longer maturities are issued—see “Medium-Term Note”).

Offer: The price asked by a seller of securities. When you are buying securities, you ask for an offer. See Asked and Bid.

Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.

Options: A contract that gives the buyer the right to buy or sell an obligation at a specified price for a specified time. Exchange Traded Options are standardized option contracts that are actively traded on the Chicago Board of Exchange on a daily basis, whereas over the counter options are traded directly between the buyer and seller at agreed upon prices and conditions (the former type of option is therefore more liquid than the latter).

Par Amount or Par Value: The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the “face amount” of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount.

Portfolio: Collection of securities held by an investor.

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Exhibit C
Premium: The amount by which the price paid for a security exceeds the security’s par value. Investors pay a premium to purchase a security when the return to the investor (yield) is lower than the stated coupon (interest rate) on the investment.

Price: Price is the amount of monetary consideration required by a willing seller and a willing buyer to sell an investment on a particular date.

Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include the Securities and Exchange Commission (SEC), registered securities broker-dealers and banks.

Principal: The face value or par value of a debt instrument, or the amount of capital invested in a given security.

Prospectus: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC that typically includes information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, and certain certified financial statements (also known as an “official statement”).

Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state, the so-called legal list.

In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking an income and preservation of capital.

Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity, on a bond it is the current income return.

Reverse Repurchase Agreements: An agreement of one party (for example, a financial institution) to purchase securities at a specified price from a second party (such as a public agency) and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date.

Repurchase Agreement (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. One exception is when the Federal Reserve is said to be doing RP, it is lending money that is increasing bank reserves.

Risk: The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.

Rule G-37 of the Municipal Securities Rulemaking Board: Federal regulations to sever any connection between the making of political contributions and the awarding of municipal securities.

Safekeeping: A service to customers rendered by banks for a fee, whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

Safety: In the context of investing public funds, safety relates to preserving the principal of an investment in an investment portfolio; local agencies address the concerns of safety by controlling exposure to risks.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.

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Exhibit C
Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC Rule 15C3-1: See Uniform Net Capital Rule.

Settlement Date: The date when a trade is cleared by delivery of securities against funds Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, FHLB, etc.) and Corporations, which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, and derivative based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.

Swap: A swap is any financial transaction that involves the simultaneous purchase of a security and the sale of another for the purpose of enhancing an investor’s portfolio. Swap transactions of interest to California public investors include portfolio swaps and interest rate swaps.

Tax and Revenue Anticipation Notes (TRANS): Notes issued in anticipation of receiving tax proceeds or other revenues at a future date.

Time Deposits: Issued by depository institutions against funds deposited for a specified length of time. Time deposits include instruments such as deposit notes. They are distinct from certificates of deposit (CDs) in that interest payments on time deposits are calculated in a manner similar to that of corporate bonds, whereas interest payments on CDs are calculated similar to that of money market instruments.

Treasury Bills: A non-interest-bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months to one year.

Treasury Bonds: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S.

Government and having initial maturities of more than 10 years.

Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years.

Trustee: A financial institution with powers to act in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.

Underwriter: A dealer that purchases a new issue of municipal securities for resale.

Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted to cash.

U.S. Treasury Obligations: These are debt obligations of the U.S. Government sold by the Treasury Department in the forms of bills, notes, and bonds, for which the full faith and credit of the United States are pledged for the payment of principal and interest. Bills are short-term obligations that mature in one year or less and are sold at a discount. Notes are obligations that mature between one year and ten years.

Bonds are long-term obligations that generally mature in ten years or more.

Weighted Average Maturity (WAM): The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years Yield (Yield to Maturity, Yield to Call or Yield to Worst): The rate of annual income return on an investment, expressed as a percentage. Income yield is obtained by dividing the current dollar income by the current market price for the security. Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

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Exhibit C
Yield Curve: A graphical representation of the yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years.

Zero Coupon Security: A security that is issued at a discount and makes no periodic interest payments.

The rate of return consists of an accretion of the principal and is payable at par upon maturity.

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Agenda Item No: P.1

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-109 PW Canon Station Planning Area 5 – Neighborhood C Subdivision Improvement Agreement
Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood C Subdivision Funding Source: N/A
Contact: Alvin Lei, (707) 428-7476

RECOMMENDED ACTION
Adopt Resolution.

STATEMENT OF ISSUE
Per Chapter 25, Division 6, Section 25.165 of the City of Fairfield Municipal Code, prior to City Council’s approval of a final map, the developer shall enter into an agreement with the City to construct the proposed improvements. The recommended action approves the final map, authorizes the city engineer to accept the subdivision design drawings for construction, and authorizes execution of the subdivision improvement agreement (Agreement) for the Canon Station Planning Area 5 – Neighborhood C subdivision (Subdivision).

DISCUSSION
One Lake Holding, LLC (Developer) is proposing to construct the Subdivision within Planning Area 5 of the Train Station Specific Plan (TSSP). Planning Area 5’s Master Planned Unit Development (MPUD) entitlements were previously adopted by Planning Commission per Resolution No. 2021- 22, as subsequently amended by an administrative hearing held on April 15, 2024, for project number PDA2024-001.

The council’s approval of the final map for this Subdivision will allow the Developer to construct 65 single-family residential homes in Planning Area 5. Separately, this final map also creates 19

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privately-owned and maintained pedestrian realm parcels, which shall be granted to the future homeowner’s association.

Per Section 5.8.1.6 of the Development Agreement (DA) executed between the City and the Developer, the City has the authority to assign Transportation Improvements, as defined in the DA, up to a total value equivalent to 2,125 dwelling units (EDU). The Developer is currently collaborating with City staff to determine the most efficient and cost-effective construction phasing plan for Vanden Road. Instead of assigning Transportation Improvements as part of this Subdivision, to prevent any unnecessary delays, the Developer has agreed to satisfy the earlier of either (1) amending the DA to include Vanden Road phasing and construction completion deadlines, or (2) paying the full impact fees for all building permits within the subdivision prior to December 31, 2025.

As part of the development obligations, the Developer will be providing dust control by frequently applying water to the site throughout construction, which is a typical mitigation measure. The proposed improvements will have no traffic impacts, as the improvements contemplated are outside of any active public roadways. Additionally, the Developer will minimize disturbances to nearby residents by working within the allowed construction hours, between 7:00 a.m. and 5:00 p.m., and providing public outreach to notify residents of any anticipated construction impacts.

Approval of the final map and execution of the Agreement will obligate the Developer to construct all public and private improvements, including streets, underground utilities, streetlights, and pedestrian sidewalk, to serve future residents of the proposed subdivision.

The Developer has provided all the necessary bonds and insurance and has paid the fees required to enter into this Agreement.

FINANCIAL IMPACT
There is no cost to the City in constructing the public improvements contemplated under the Agreement. Acceptance of the public improvements by the council will obligate the City to maintain the public improvements, which include public roadways (Trailblaze Drive, Scooter Lane, Freeform Drive, Volley Drive) and all public water, sewer, storm utilities located within these streets. The future homeowner’s association shall maintain improvements within the pedestrian realm, which include landscape, irrigation, streetlights, and sidewalks. Maintenance costs shall be funded by the newly formed Train Station Specific Plan (TSSP) Community Facilities Districts (CFD) No. 2023-1 and CFD No. 2023-2.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

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ALTERNATIVE ACTION
Sections 66458 and 66462 of the Subdivision Map Act require that the council approve the Agreement if conditions of the tentative map have been met. The Developer has met the necessary conditions and has provided the proper documents for the Agreement; however, if the council has any remaining questions approval may be postponed until the questions are addressed.

COORDINATED WITH
N/A

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 428-7476
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
Attachment 4: Neighborhood C – Vicinity Map

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-109

APPROVING THE FINAL MAP AND AUTHORIZING EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CANON STATION PLANNING AREA 5 – NEIGHBORHOOD

C SUBDIVISION
WHEREAS, the Planning Commission of the City of Fairfield reviewed and approved the “Master Planned Unit Development Permit for Planning Area 5” tentative subdivision map on October 27, 2021, by adopting Planning Commission Resolution No. 2021-22, as amended by an administrative public hearing held in April 2024; and
WHEREAS, the final subdivision map of the Canon Station Planning Area 5 – Neighborhood C subdivision, with provisions for its design and improvement, is consistent with the General Plan and the Specific Plan of the City of Fairfield; and
WHEREAS, the final map is in substantial compliance with the previously approved tentative map; and
WHEREAS, staff has reviewed the engineering design, plans, and specifications for the Canon Station Planning Area 5 – Neighborhood C subdivision and found them to be reasonable and consistent with the current City Standard Specifications and Details; and WHEREAS, pursuant to Section 25.164 of the City’s Municipal Code, the City Engineer has examined the final map and accessory data submitted and has determined that the subdivision as shown meets the requirements of the approved tentative map, the Subdivision Map Act, and the provisions of said ordinance and is technically correct; and WHEREAS, the developer has provided all of the necessary bonds, insurance, and paid the fees required to enter into this improvement agreement.

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

Section 1. The final map of the Canon Station Planning Area 5 – Neighborhood C subdivision is hereby approved, subject to the execution by all parties of the subdivision improvement agreement for that subdivision.

Section 2. All offers of dedication shown on said map are hereby accepted, subject to the improvement thereof required by the subdivision improvement agreement.

Section 3. The director of public works is hereby authorized to accept deeds or grants conveying any interest in or easement upon real estate on behalf of the city and to consent to the recordation of said documents.

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RES. NO. 2025-109

Page 2 ends

Section 4. The plans and specifications for the Canon Station Planning Area 5 – Neighborhood C subdivision are hereby approved, and the City Engineer is authorized and directed to sign and approve the engineering plans, final map, and landscape drawings associated with the improvement agreement.

Section 5. The city manager is authorized and directed to execute that certain subdivision improvement agreement, between the City and One Lake Holding, LLC, to provide for the subdivision improvements required by the Subdivision Map Act and Chapter 25 (Subdivision Regulations) of the Fairfield City Code.

Section 6. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned agreement.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / SANDHU / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

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LEGEND EXISTING PROPOSED DESCRIPTION ABBREVIATIONS
CONTACTS & GENERAL NOTES: PARCEL SUMMARY PARCEL / LOT LAND USE AREA OWNER UNIT SUMMARY DENSITY CALCULATION ATTACHMENT 4 VICINITY MAP

VANDEN ROAD FUTURE NEW CANON ROAD LAKE CLUB DRIVE MANUEL CAMPOS PKWY

PEABODY ROAD

VANDEN ROAD

FOXBORO PARKWAY

NUT TREE ROAD

LEISURE TOWN

ROAD FRY ROAD ALAMO DRIVE CLAY BANK ROAD CEMENT HILL ROADEAST TABOR AVENUE AIRBASE PARKWAY RAILROAD WALTERS ROAD AVENUE 80 TRAVIS AIR FORCE BASE
MERIDIAN ROAD McCRORY ROAD

LEWIS ROAD HAY ROAD MARKELEY LANE

GATE ROAD CEMENT HILL ROAD PROJECT SITEVICINITY MAP

PEABODY ROAD VANDEN ROAD AIR BASE PARKWAY PROJECT SITE CEMENT HILL ROAD CITY LIMIT
Neighborhood C
Plannning Area 4
ConstructedNeighborhoods
Agenda Item No: P.2

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-110 PW Water Enterprise Capital Budget Adjustment Authorizing an Update to the Fiscal Year 2024-2025 Water Enterprise Capital Budget for the Distribution Systems Metering and Monitoring Project and the Water Service Replacement Program Project
Funding Source: $1,700,000; Water Enterprise Fund
Contact: Michael J. Hether, (707) 428-7493

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
City staff are seeking an update to the fiscal year (FY) 2024-2025 Water Enterprise Capital Fund Budget for two Capital Improvement Projects: Water Service Replacement Program Project (CPW090071) and Distribution Systems Metering and Monitoring Project (CPW090058).

DISCUSSION
Fairfield Municipal Utilities serves over 30,000 customers who consume water from its system.

To ensure the continued reliable operation of the water system, various capital maintenance projects must occur over time. Recently, two capital maintenance projects were the replacement of water meter registers and the installation of cathodic protection.

Accurate water metering equipment is critical for measuring customer consumption and ensuring precise billing and revenue collection. A significant number of water meter registers had begun to fail due to age and other factors. To maintain the integrity of the billing process and support ongoing revenue collection, City staff are working to replace these failing registers throughout the system.

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Implementing technologies to prevent or minimize breaks and failures of water service lines is a vital aspect of maintaining a reliable water system. In several areas of Fairfield, highly reactive soil conditions exist and lead to premature failure of underground utilities. The modern method to mitigate this issue is the installation of cathodic protection anodes, which redirect the corrosive reactions away from the pipes and toward the anodes instead. To address this issue, City staff have installed a significant number of cathodic protection anodes in these high-risk areas to protect underground water service lines.

The expenses associated with replacing water meter registers and installing cathodic protection are consistent with the requirements for capital improvements. City staff are seeking to reallocate the expenses related to the water meter equipment and cathodic protection to the Water Enterprise Capital Fund (Fund 462). Reallocation would require increases to the two Water Enterprise Capital Projects.

FINANCIAL IMPACT
The total budget adjustment for this FY 2024-2025 budget adjustment is $1,700,000, which will be allocated from the Water Enterprise Fund Balance (Fund 461) to the Water Enterprise Capital Fund (Fund 462). The distribution of these funds to Fund 462 is as follows: $200,000 will be allocated to CPW090058, and $1,500,000 will be allocated to CPW090071.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The City Council may delay approval of the adjustment so that the staff can address any council concerns.

COORDINATED WITH
Finance Department

STAFF CONTACT
Nigel Browne, Senior Management Analyst
(707) 437-5265
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-110
AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 WATER ENTERPRISE CAPITAL

BUDGET FOR THE DISTRIBUTION SYSTEMS METERING AND MONITORING PROJECT AND THE

WATER SERVICE REPLACEMENT PROGRAM PROJECT
WHEREAS, several water meter registers that measure customer water consumption failed due to age and various factors; and
WHEREAS, staff replaced those water meter registers to measure customer water consumption and ensure accurate billing and revenue collection; and WHEREAS, Fairfield has areas of reactive soil that cause underground utility lines to fail prematurely; and
WHEREAS, staff installed a significant amount of cathodic protection anodes to prevent corrosion and premature failure of water service lines; and WHEREAS, the expenses related to the replacement of water meter registers and the installation of cathodic protection meet the requirements for capital improvements; and WHEREAS, the staff seeks to increase Water Enterprise Capital Fund for the Distribution Systems Metering and Monitoring Projects (CPW090058) and Water Service Replacement Program Project (CPW090007) by reallocating $1,700,000 from the Water Enterprise Fund Balance (Fund 461) to the Water Enterprise Capital Fund (Fund 462); and WHEREAS, the revised appropriation constitutes an update to the FY 2024-25 Budget approved pursuant to Resolution No. 2024-133.

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

Section 1. The council hereby authorizes a budget transfer of $200,000 from the Water Enterprise Fund Balance (Fund 461) to the Water Enterprise Capital Fund (Fund 462) for the Distribution Systems Metering Project (CPW090058).

Section 2. The council hereby authorizes a budget transfer of $1,500,000 from the Water Enterprise Fund Balance (Fund 461) to the Water Enterprise Capital Fund (Fund 462) for the Water Service Replacement Program Project (CPW090071).

Section 3. The council hereby approves an increase in appropriations of $1,700,000 in the Water Capital Fund (Fund 462).

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RES. NO. 2025-110

Page 2 ends

PASSED AND ADOPTED this 17
th day of June 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________ _________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Page 124 of 484 ends

Agenda Item No: P.3

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-111 PW 2030 N. Texas Design Agreement Amendment No. 7 Authorizing the City Manager to Execute Amendment No. 7 to the Design Services Agreement Between the City of Fairfield and Callander Associates, Inc. for the Implementation Plan of the Central Fairfield Revitalization
Funding Source: $172,790; Park Capital Fund
Contact: Caroline Vedder, (707) 428-7484

RECOMMENDED ACTION
Adopt Resolution.

STATEMENT OF ISSUE
In May 2022, the City of Fairfield executed a Memorandum of Understanding (MOU) with First 5 Solano Children and Families (First 5), establishing First 5 as the long-term tenant of the forthcoming building located at 2030 N. Texas Street. Pursuant to the terms of the MOU, First 5 has committed two million in grant funding to support the design and construction of the building. City staff recommend Callander Associates, Inc. (Callander) to develop the Furniture, Fixtures, & Equipment (FF&E) procurement package for First 5. The proposed resolution authorizes Amendment No. 7 to the existing design services agreement (Agreement) with Callander and provides the required technical design services required for the project.

DISCUSSION
In July 2021, First 5 received an allocation of $2 million from the State of California to open a new center in Fairfield. First 5, previously opened a Center in Vallejo that has demonstrated success in providing enhanced access to services for children and families that traditionally face disparities in accessing critical services. The services offered through the First 5 include early childhood education, parental education and support, as well as assistance with housing, employment, food, and healthcare.

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In May 2022, the City Council executed Resolution No. 2022-96 with First 5 to locate the First 5 center at the new community center. Key details of the MOU include:
 First 5 to provide $2 million in funding to be used for the design and construction of the community center
 First 5 will provide input into the design of the building to ensure it meets their needs  A long-term lease, at least ten years in length, is to be negotiated by the parties prior to completion of construction
 First 5 to lease the property for no greater than the cost of operating the building (e.g. utilities, maintenance, etc.)
 First 5 to operate the First 5 Center for the benefit of Fairfield residents  The City will retain access to the community center for public use (e.g. community meetings, classes, etc.) upon coordination with First 5 The City and First 5 have made alterations to the building design to ensure it meets the needs of First 5. The building is under construction, and the next step is to develop the FF&E procurement package. As this scope was not in the original Agreement, the contract needs to be amended to include this additional scope. This will enable the building to be furnished upon completion of construction and become fully operational for First 5. City staff, in collaboration with First 5 and the design team, developed a comprehensive scope of work for the FF&E package to support the operational needs of the facility. The design team will complete the FF&E design, and then the City will utilize existing cooperative purchasing agreements to purchase and install the FF&E package.

In August 2018, the city approved an Agreement with Callander to provide consulting services to implement an improvement plan for Node 4A of the Central Fairfield Revitalization and Linear Park Improvement Plan Project by Resolution No. 2018-210. Callander’s scope of work included the preparation of bid documents for a 5,000-square-foot recreation facility for pre-school and after-school programming. The Agreement established services to be provided on a time and material basis for a not-to-exceed amount of $1,279,099.53. At the time of Agreement execution, staff determined there was sufficient funding to cover design and construction costs for the 5,000-square-foot recreation facility and surrounding park improvements.

Between 2018 and 2024, the Agreement was amended and the scope of work modified as the Project was refined through community engagement, unforeseen existing site constraints, and design support required to secure state grant funding. Resolution 2018-210 provided a 10% management reserve of $127,909.95 for the project. Reallocation of fees drew down funds from future project phases, and multiple fee amendments depleted the management reserve, thus necessitating a need for an additional amendment to cover construction administration services through completion of the project. Two fee amendments and six no-fee amendments have been processed for the Project to address additional environmental needs due to building expansion, grant applications, and revisions to the design due to PG&E comments.

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Approving the proposed Amendment No. 7 will allow for two actions. First, the design team will be able to develop the FF&E procurement package to meet First 5 needs to operate the building.

The design consultant’s scope of work includes developing furniture options for programs and uses, selecting furniture, and finishing to meet the program goals, for an amount not to exceed $23,070. The estimated furniture budget is $110,000. Second, the design team will be provide construction administration services through completion of the project. As this Project is a vertical construction, or new building, project, staff do not have the required technical knowledge to respond to questions concerning the building design and its ties into the site design. Staff will need the technical expertise of the design team to efficiently coordinate and respond to construction questions. Staff is recommending extending the contract with the current design team as they have 6 years of intricate project knowledge and will be able to efficiently provide design recommendations for any FF&E needs for the building they designed.

FINANCIAL IMPACT
The total authorization for this contract amendment is $172,790, which includes a $50,000 management reserve and a $122,790 increase to Callander’s fee, bringing Callander’s Agreement total to $2,315,506. The management reserve will allow staff to quickly issue any additional design contract amendments needed for design changes due to unforeseen field issues and technical support to prevent construction delays and added construction costs. The design work is being funded with a combination of local funding of AB1600 Parks and Bedroom Tax and First 5 grant funds. This amendment will require a transfer of $172,790 from the construction budget of the Project to the design Project budget. Funding for this adjustment is allocated within the Linear Park Node 4A Project (CPW050035), Park Capital Fund, and Division (Fund 251). Finance has confirmed that sufficient reserves are available in Fund 251 and that this additional expenditure will not compromise any existing projects.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
City staff coordinated the FF&E scope with First 5 to ensure all their needs would be met.

ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff may provide the necessary backup information.

COORDINATED WITH
Finance Department

STAFF CONTACT
Caroline Vedder, Senior Civil Engineer
(707) 428-7484
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Amendment

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-111
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 7 TO THE DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND CALLANDER ASSOCIATES, INC.

FOR THE IMPLEMENTATION PLAN OF THE CENTRAL FAIRFIELD REVITALIZATION WHEREAS, the City Council adopted the Linear Park Concept Plan and its 5-year Implementation Plan for the Linear Park on March 20, 2018; and
WHEREAS, the City selected Callander Associates, Inc. (Callander) to assist in the development of the construction documents and provide construction assistance for Linear Park Node 4A improvements; and
WHEREAS, on August 21, 2018, the City entered into a design service agreement (Agreement) with Callander to assist the City in the development of California Environmental Quality Act, and National Environmental Policy Act analysis, complete the design development, schematic design, construction bid documents, and construction assistance for Linear Park Node 4A Improvements; and
WHEREAS, the City has executed Amendments No. 1-6 with Callander to address scope changes and pursue grant funding opportunities; and
WHEREAS, additional engineering and design services are required to develop the Furniture, Fixtures, and Equipment procurement package for First 5 Solano Children and Families and complete construction administration services for the Project; and WHEREAS, staff have reviewed the proposed scope of work and negotiated the cost proposal provided by Callander; and
WHEREAS, Resolution 2018-210 authorized the public works director to administer a 10% management reserve; and
WHEREAS, funding was allocated in the City’s approved 2024-2025 Budget.

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

Section 1. The city manager is authorized and directed to execute, on behalf of the City of Fairfield, Amendment No. 7 to the Design Services Agreement with Callander Associates, Inc. for the Implementation Plan of the Central Fairfield Revitalization

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RES. NO. 2025-111

Page 2 ends

Section 2. Amendment No. 7 will increase the Agreement with Callander by $172,790 and reinstate a management reserve in the amount of $50,000 for a total not-to-exceed fee of $2,315,506.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________ _________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Page 129 of 484 ends

AMENDMENT NO. 7 TO THE AGREEMENT FOR CONSULTING SERVICES (DESIGN) FOR THE IMPLEMENTATION PLAN OF THE CENTRAL FAIRFIELD

REVITALIZATION AND LINEAR PARK IMPROVEMENTS
On August 21, 2018, the City of Fairfield, a municipal corporation, hereinafter referred to as “CITY,” and CALLANDER ASSOCIATES, hereinafter referred to as “CONSULTANT,” entered into an agreement for consulting services for Professional Consulting Services (Design) for the Implementation Plan of the Central Fairfield Revitalization and Linear Park Improvement Project.

Based upon the need for additional consulting work outside the scope of the agreement, the CITY and CONSULTANT do hereby agree to amend the existing AGREEMENT FOR CONSULTING SERVICES as follows:

WITNESSETH:

WHEREAS, CITY desires to contract to provide additional design and construction assistance support for the Implementation Plan of Central Fairfield Revitalization and Linear Park Improvement Project, and for the purposes of the Agreement shall be called “PROJECT”; and
WHEREAS, the CONSULTANT is providing design and construction assistance services for the Implementation Plan of the Linear Park Improvement Plans for Node 4A; and
WHEREAS, the CONSULTANT has been requested to complete extra design and construction assistance support services for the PROJECT, and; WHEREAS, CONSULTANT is willing and qualified to provide design and construction assistance support services for PROJECT.

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows:

1. Section 1, SERVICES, of the AGREEMENT, shall be amended to include Exhibit “A7” to this Amendment.

2. Section 2, PAYMENT of the AGREEMENT, shall be amended as follows:
a. The total contract price for services rendered by CONSULTANT shall be increased by ONE HUNDRED TWENTY-TWO THOUSAND SEVEN
HUNDRED NINETY dollars ($122,790) for a total contract amount not to exceed TWO MILLION THREE HUNDRED FIFTEEN THOUSAND, FIVE HUNDRED FIVE AND 53/100 dollars ($2,315,505.53).

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WHEREOF, the parties hereto have executed this Amendment on the ___ day of ________________ 20___.

CITY OF FAIRFIELD
a municipal corporation (CITY)

City Manager

CONSULTANT
By:

CALLANDER ASSOCIATES
12150 Tributary Point Drive, Suite 140
Gold River, CA 95670

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www.callanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
EXHIBIT A1
Via Email
Revised: February 26, 2025
AMENDMENT #7
TO: Caroline Vedder
City of Fairfield
[email protected]
RE: LINEAR PARK- NODE 4A CSI 5-YEAR IMP. PLAN/ Construction Administration Services Caroline,
This memo is to request additional consultant fees for Callander Associates (CALA) and our consultant team to continue services stated in the original contract for construction administration related tasks. The additional fee request is based on the contract for the Design Services Agreement for the Linear Park- Node 4A Community Spaces Initiative 5-Year Implementation Plan (Contract) dated August 30, 2018.

The scope has been updated to address additional time to support the City of Fairfield with construction administration related services for the project as it begins construction in early 2025 and continues for an anticipated 240 working days. In addition to the scope changes, the fees reflect annual rate increases by that team that account for the extension of the project schedule. The scope includes:

1. Additional time added to replenish the construction administration budget due to project timeline extensions including time required for coordination and plan updates related to the project hold and restart, additional RFI’s during the bid process, and budget allocated to assist the City with the project bidding.

2. Additional effort in support of the City team on completing conform plans and specifications.

3. Bi-Weekly Construction Meetings (30 mins weekly for the first 6 months and 1 hour monthly for the duration of the project).

4. Additional construction administration related tasks during the additional two (2) months of construction added to the schedule.

EXHIBIT "A7"

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Memo
RE: Node 4A Recreation Facility/ Construction Administration Fees February 26th, 2025

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18057_MEM_FeeAmendment7_CAServices.doc
© copyrighted 2025 Callander Associates
Landscape Architecture, Inc.

We request that the City authorize an increase in the project budget to complete scope tasks for the Construction Administration phase of the project. The below fee summary outlines the details of our additional fee request of $99,720.00.

Sincerely,
02/26/2025
Melissa Ruth, ASLA, Principal date
Callander Associates Landscape Architecture, Inc.

Attachment: Fee Schedule CALA 2025
Fee Schedule G4 2025

Construction Support Date: 02/26/2025
Task Description unit hours CALA hours Architect TOTAL
$ 99,720.00

4.0 Construction Support Hrly 284.00 $ 53,200.00 185.50 $ 42,530.00 Reimbursables Allow $ 3,990.00 N/A
SUBTOTAL $ 57,190.00 $ 42,530.00
$ 99,720.00

SUBCONSULTANTS
Amendment #7
Amendment #7 Total

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www.callanderassociates.com

BURLINGAME GOLD RIVER RENO SAN JOSE
1633 Bayshore Highway,
Suite 133
12150 Tributary Point Drive,
Suite 140
275 Hill St,
Suite 260
2025 Gateway Place,
Suite 285
Burlingame, CA 94010 Gold River, CA 95670 Reno, NV 89501 San Jose, CA 95110 650.375.1313 916.985.4366 775.787.2828 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2025 Gold River & Reno Offices

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:

Hourly Rates
Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

Principal $227 /hour
Senior Associate $211 /hour
Associate $196 /hour
Arborist/Construction Manager $196 /hour
Senior Project Manager $182 /hour
Project Manager 1 $167 /hour
Project Manager 2 $160 /hour
Job Captain $144 /hour
Designer 1 $134 /hour
Designer 2 $125 /hour
Assistant Designer $111 /hour
Accounting $195 /hour
Senior Project Administrator $145 /hour
Project Administrator $130 /hour

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G:\_Project Resources\Y-Contract\Client\Exhibit B Compensation\_Project Specific Rates\Group 4 Rate Table 2024-

25.docx
G R O U P 4

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A R C H I T E C T

SCHEDULE OF PROFESSIONAL SERVICES
Effective through December 31, 2025
Hourly Rate
Principal in Charge $280.00
Principal $270.00
Associate $250.00
Project Manager $215.00
Architect III $210.00
Architect II $200.00
Architect I $195.00
Architectural Staff III $185.00
Architectural Staff II $175.00
Architectural Staff I $165.00
Interior Designer II / Planner II $175.00
Interior Designer I / Planner I $165.00
Project Support $140.00 -$250.00
Consulting Principal $345.00
Consultants to the Architect will be billed at 1.15 times direct cost.

Reimbursable expenses related to the project, whether for in-house, consultant or client use, will be billed at 1.15 times direct cost. Such expenses include, but are not necessarily limited to:
 Plotting of check sets and presentation drawings.
 Outside service scanning, printing, copying of drawings and documents of any size.  In-house project-related printing/copying (black/white and color), including draft and final reports, specifications, and drawings.
 Outside telephone conferencing services.
 Postage, delivery and messenger service.
 Overtime expenses with prior client approval.
 Architectural renderings, physical and digital scale models and animations.  Videos, web services, opinion surveys.
 Travel expenses, including mileage, tolls, lodging and meals.  Sub-consultant costs.
 Presentation boards.
 Facilitation tools.
 Workshop accessories and facilitation materials.
 Software purchase and licensure on behalf of the client.

The above-listed rates are adjusted annually. The next adjustment will be 1 January 2026.

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Exhibit A Scope - FFE v2 Page 1 of 2

EXHIBIT A

SCOPE OF SERVICES
I. THE PROJECT
The Project consists of developing the Furniture, Fixtures, & Equipment (FF&E) procurement package for the ~6,000 SF Fairfield Community Center with an anticipated furniture budget of $108,900.

II. SCOPE OF BASIC SERVICES

1. Furniture:

1.A The Consultant shall work with the PMT to confirm the anticipated furniture budget and work with the City to develop furniture options for City programs and uses, select furniture, and finishes that meet the program goals. The furniture package will be developed to facilitate procurement of the FFE through established pre-negotiated contracts available to the City. The City’s uses and programs are understood to include the following types of furniture as part of the Consultant’s scope of work.

1. Lounge Chairs

2. Stacking Chairs

3. Conference Chairs

4. Nesting Tables

5. Conference Tables

6. Storage Shelving

7. Trash and Recycling Receptacles

1.B Based on direction given by the PMT, the Consultants shall provide the following procurement services for furniture.

1. The Consultant shall prepare furniture plans and specifications to identify selected furniture, finishes and quantities.

2. The Consultant shall assist the City in preparing purchase details into no more than three (3) pre-negotiated contract packages. The City will be responsible for preparing and processing purchase orders.

2. The Consultant shall provide the following installation services for furniture.

2.A The Consultant will provide one (1) day to observe furniture installation.

3. Meetings

3.A PMT: Three (3)

1. Meeting 1 – Kick off, Review Furniture Budget, and Furniture Program

2. Meeting 2 – Furniture Selections

3. Meeting 3 – Finish Selections

3.B Deliverables

1. Furniture Budget, Furniture Program, Presentation Exhibits, Minutes

4. City Responsibilities

4.A The City shall provide a detailed inventory/ quantities of current furniture to be reused with dimensions and finishes identified.

4.B The City shall provide a detailed inventory/ quantities and specifications of Owner Furnished, Contractor installed (OFCI) equipment and/or Owner-furnished, Owner Installed (OFOI) Equipment which requires coordination with other trades and provide desired installation locations.

4.C The City shall give the Consultant direction on furniture selection and finishes.

4.D The City shall prepare purchase details and prepare and process purchase orders for the procurement of the furniture.

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Page 2 of 2 ends

III. OPTIONAL ADDITIONAL SERVICES

1. The following services are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the Client. The Consultant shall be compensated for Optional and Additional Services in addition to compensation for Basic Services and Reimbursable Expenses.

1.A Additional meetings beyond those identified in Exhibit A, Section II.

1.B Engineering and specialist consultants

1.C Scale models

1.D Computer animation

1.E Preparation and conducting focus groups and follow up

1.F Making revisions to drawings, designs, or other documents when such revisions are inconsistent with approvals or directions previously given by the Client, made necessary by determination by the Client or its other consultants, or made necessary by the Client’s failure to render decisions in a timely manner.

1.G Any other service not included in Section II. Scope of Basic Services.

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Exhibit B Compensation - FFE v2 EXHIBIT B Page 1 of 1

EXHIBIT B

COMPENSATION

1. COMPENSATION FOR BASIC SERVICES

1.A Compensation to the Consultant for Basic Services described in Exhibit A, shall be a lump sum of Twenty Two Thousand and Four Hundred Seventy Dollars ($22,470.00).

1.B Basic Compensation shall not exceed the following compensation unless approved by the City.

Total Basic Compensation $22,470.00

2. REIMBURSABLE EXPENSES

2.A Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Consultant and subconsultants in the interest of the project, as identified in the following clauses. Reimbursable expenses shall not exceed Six Hundred Dollars ($600.00).

2.B Reimbursable expenses related to the project, whether for Consultant, subconsultant, or City use, are billable at 1.15 times direct cost or at the rates indicated below. Such costs include, but are not necessarily limited to:
• Plotting of check sets and presentation drawings.
• Outside service scanning, printing, copying of drawings and documents of any size. • In-house project-related printing/copying (black/white and color), including draft and final reports, specifications, and drawings.
• Outside telephone conferencing services.
• Postage, delivery and messenger service.
• Overtime expenses with prior client approval.
• Architectural renderings, physical and digital scale models and animations. • Videos, web services.
• Travel expenses, including mileage, tolls, lodging and meals. • Presentation boards.

Maximum Reimbursable Expenses $600.00

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Agenda Item No: P.4

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-112 PW East Tabor and Tolenas Safe Routes to School Sidewalk Gap Closure and Union Pacific Railroad Agreement
Authorizing the City Manager to Execute a Public Highway At-Grade Crossing Agreement, Accept Grant Deeds Transferring Real Property and Easements, and Execute Construction and Maintenance Agreements with Union Pacific Railroad for the East Tabor/Tolenas Safe Routes to School Sidewalk Gap Closure Project
Funding Source: $2,316,989 ($32,970, State Gas Tax for Agreement; $2,100,000, Federal Funds; $150,149, Gas Tax [Local Match] for Capital Streets Fund) Contact: Phil Layoso, (707) 428-7505

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
A portion of the East Tabor and Tolenas Safe Routes to School Sidewalk Gap Closure Project (Project) is located within the Union Pacific Railroad (UPRR) right-of-way. To complete the safety improvements within the UPRR property at the at-grade crossing, the Project requires the City to execute a Public Highway At-Grade Crossing Agreement (Agreement) with UPRR. This agreement outlines maintenance responsibilities and includes easements, land transfers, or both, between the City of Fairfield and UPRR.

If adopted, the resolution would authorize the city manager to execute the documents necessary to facilitate the land and easement transactions, as well as the construction, maintenance, or similar agreements. The city manager’s authority would only be exercised following the approval as to form by the city attorney.

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DISCUSSION
Students walking or biking to Tolenas Elementary and Grange Middle School along East Tabor Avenue currently face safety hazards due to an unsafe railroad crossing and a missing sidewalk segment. This project aims to address these safety concerns by constructing a pedestrian crossing within the UPRR right-of-way and closing the sidewalk gap on East Tabor Avenue. The crossing improvements within UPRR right-of-way include but are not limited to a concrete pedestrian sidewalk, cantilever mast arms for pedestrian and vehicle signals, concrete railroad panels, steel fence, security gates, and a mountable curb. To proceed with these upgrades, the City of Fairfield and UPRR must enter into a formal Agreement.

The Agreement required by UPRR is comprised of standardized language commonly used for similar projects with minimal modifications anticipated. It defines the responsibilities for the construction and maintenance of the proposed facilities. In addition, the agreements commit the City of Fairfield to supporting work necessary for project completion, which will be provided and carried out by UPRR. The capital cost for the railroad improvements is estimated at $2,250,149.

Staff are requesting a 10% contingency to account for potential cost overruns UPRR encounters during construction. The terms of the agreement stipulate that the Project is subject to the actual costs incurred by UPRR, and no expenses will be borne by UPRR.

The Agreement also includes an estimated annual maintenance cost of $33,870 ($26,660 signal + $5,210 surface maintenance). The annual maintenance costs per the Agreement with UPRR will begin 3 years from the effective date of the Agreement or the date of installation. The annual maintenance costs have not been budgeted and will need to be considered in the future. The funding source for the ongoing maintenance is an obligation of the general fund. This Agreement needs to be executed prior to the construction of the track and ordering of rail materials, and is required to meet funding time constraints for the Project. Execution of these Construction and Maintenance Agreements in a timely manner is required to keep the Project on schedule.

The railroad improvements will be paid with Active Transportation Program (ATP) federal grant funds. The City received $2,731,000 in 2024 with an obligation deadline of September 30, 2025.

The remaining grant funds will pay a portion of Project improvements outside of the UPRR rightof-way. These improvements include the sidewalk gap closure on East Tabor Avenue and sidewalk widening on Tolenas Avenue.

The proposed resolution authorizes the city manager to execute Construction and Maintenance Agreements, or similar agreements, with UPRR and execute grant deeds that transfer or receive real property or easements necessary for the Project. The city manager’s authority would only be exercised after the agreements and other documents are approved as to form by the city attorney.

FINANCIAL IMPACT
The cost to execute the Agreement is $32,970, which is captured in Project No. CPW070008 (Capital Streets Fund [252]). The capital construction cost related to UPRR’s work is

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$2,475,163.90 ($2,250,149 UPRR estimate + 10% contingency). Funding for this Project is captured in Project No. CPW070008.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary backup. Staff does not recommend this, however, as it will delay the delivery of the Project and potentially lose grant funding. In addition, the agreement's term is 12 months, and UPRR has the right to renegotiate if it is not executed. This will cause significant delays in constructing the safety improvements.

COORDINATED WITH
Finance Department and the City Attorney’s Office

STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 428-7505
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-112

AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC HIGHWAY AT-GRADE CROSSING

AGREEMENT, ACCEPT GRANT DEEDS TRANSFERRING REAL PROPERTY AND EASEMENTS, AND

EXECUTE CONSTRUCTION AND MAINTENANCE AGREEMENTS WITH UNION PACIFIC RAILROAD FOR

THE EAST TABOR/TOLENAS SAFE ROUTES TO SCHOOL SIDEWALK GAP CLOSURE PROJECT WHEREAS, the East Tabor/Tolenas Safe Routes to School Sidewalk Gap Closure Project (Project) requires land and easements from Union Pacific Railroad (UPRR) to construct the pedestrian crossing within UPRR right-of-way; and
WHEREAS, the City of Fairfield needs to accept easements from UPRR through Construction and Maintenance Agreements, or similar documents, to construct the Project; and WHEREAS, any transfer of land or easements to or from UPRR will be through an instrument reviewed and approved as to form by the city attorney prior to execution by the City.

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

Section 1. The city manager is authorized to execute the respective documents, such as Public Highway At-Grade Crossing Agreement, Construction and Maintenance Agreements, or similar, Grant Deeds, Grant Deeds of Easement, or similar instruments to transfer or accept land or easements to/from UPRR to construct the Project.

Section 2. The city manager is further authorized to execute such additional instruments and undertake such measures as may be necessary to complete the transaction contemplated by this Resolution.

Section 3. The city manager’s authority to execute said documents is subject to the city attorney’s review and approval as to form of the respective instruments of transfer.

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RES. NO. 2025-112

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PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

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1 UP Real Estate Project No.: 0700589

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
East Tabor Avenue
DOT 751294K
MP 51.37 – Martinez Subdivision
Fairfield, Solano County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF FAIRFIELD, a municipal corporation or political subdivision of the State of California to be addressed at 1000 Webster Street, Fairfield, California 94533 ("Political Body").

RECITALS:

By instrument dated November 5, 1962, the Southern Pacific Company and the County of Solano entered into an agreement (the “Original Agreement”) covering the construction, use, maintenance and repair of an at grade public road crossing over East Tabor Avenue, DOT Number 751294K at Railroad’s Milepost 51.37 on Railroad’s Martinez Subdivision at or near Fairfield, Solano County, California.

The Railroad named herein is successor in interest to the Southern Pacific Company.

The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the road crossing that was constructed under the Original Agreement for the addition of a sidewalk. The road crossing, as reconstructed and widened is hereinafter the “Roadway” and the portion of the Railroad's property where the Roadway crosses the Railroad’s property is the “Crossing Area.” The right of way granted by the Southern Pacific Company to the County of Solano under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way area covered under the Original Agreement or in a separate document) is shown on the print marked Exhibit A and the Political Body’s type, size and location prints of the Project marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”).

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2 The Railroad and the Political Body are entering into this Agreement to cover the above.

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of Thirty Two Thousand Nine Hundred Seventy Dollars ($32,970.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.

Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property.

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3 Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0700589
D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated November 5, 2024, and November 6, 2024, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is Two Million Two Hundred Fifty Thousand One Hundred Forty-Nine Dollars ($2,250,149.00).

B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimates.

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4 C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body.

E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.

Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities

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5 under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.

Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

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6 C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 11. CONDITIONS TO BE MET BEFORE

POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:
(i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.

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7 Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 16. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Twenty-Eight Thousand Six Hundred Sixty Dollars ($28,660.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time

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8 after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.

Section 17. ANNUAL SURFACE MAINTENANCE
A. The Railroad shall maintain the crossing surface between the track tie ends at Political Body’s expense. Effective as of three years from effective date of this Agreement, Political Body agrees to pay to Railroad the sum of Five Thousand Two Hundred Ten Dollars ($5,210.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the surface between track tie ends located within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C.

B. The above annual surface maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual surface maintenance fee was last determined or established. Any such changes in the annual surface maintenance fee may be made by means of automatic adjustment in billing.

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9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________

CITY OF FAIRFIELD
By: ________________________________
Printed Name: ________________________
Title: ________________________________

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EXHIBIT A
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals)

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EXHIBIT A-1
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A-1 will be the Political Body’s type, size and location prints of the Project Area (see Recitals)

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Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHIBIT B
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.

The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.

E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

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2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF ROADWAY
A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.

D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the

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3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense.

B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.

SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. SAFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the

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4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for

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5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.

The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

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6 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.

G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.

I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.

The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

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7 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.

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8 SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.

SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.

B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.

C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT C
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.

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Material And Force Account Estimate
CA DOT
Estimate Creation Date: 11/1/2024 Number: 151770 Version: 1 Estimate Good Until 11/05/25
Location: MARTINEZ SUB, NO 1, 48-55.4
Buy America: Yes
Description of Work: Martinez Sub MP. 51.37 Fairfield CA. DOT# 751294K WO# 76022 PID# 10111 Recollectable 100%
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL UP 00% Agncy 100% Cost
SIGNAL
Overnight Labor Xing - Misc. 1 LS 158,796.00 158,796 0 158,796 0 158,796 Xing - Dax (Modules And 1000'
Cable)
11 EA 9,732.00 55,000 52,052 107,052 0 107,052
Xing - 2 Trk CWE w/Gates 1 EA 152,876.00 48,800 104,076 152,876 0 152,876 For MP. 50.97 and 50.02 Xing - 2 Trk Remote CWE and
House
2 EA 75,404.00 42,400 108,408 150,808 0 150,808
Xing - Pedestrian Gates (pair) 1 EA 57,283.00 22,393 34,890 57,283 0 57,283 For MP 50.97 Xing - IJ 1 PR 23,392.00 18,890 4,502 23,392 0 23,392 Xing - Cantilever Mast <37' Cant 1 EA 23,613.00 18,750 4,863 23,613 0 23,613 Xing - Cantilever Arm <41' 27 LF 767.00 0 20,709 20,709 0 20,709 Xing - Cantilever Arm <41' 28 LF 767.00 0 21,476 21,476 0 21,476 Xing - Cantilever Mast <37' Cant 1 EA 23,613.00 18,750 4,863 23,613 0 23,613 Gang Day - 5 Man 2 EA 7,500.00 15,000 0 15,000 0 15,000 For MP 50.97 Xing - IXS Track Circuit 1 EA 14,951.00 5,536 9,415 14,951 0 14,951 Xing - Preemption Circuit
(Existing Location)
1 LS 7,726.00 4,800 2,926 7,726 0 7,726
Xing - Remove Location
(Gates/Cants)
1 LS 4,000.00 4,000 0 4,000 0 4,000
Xing - Public Project Mgmt 1 LS 30,000.00 0 30,000 30,000 0 30,000 Xing - Meter Service 1 LS 15,000.00 0 15,000 15,000 0 15,000 Access to Bungalow Xing - Misc. 1 LS 8,000.00 0 8,000 8,000 0 8,000 Fed with Overhead 228.88%+5% Xing - Labor Additive 1 LS 1,144,872.30 1,144,872 0 1,144,872 0 1,144,872 Xing - Engineering Design 1 LS 63,272.00 63,272 0 63,272 0 63,272 Xing - Boring 1 LS 30,000.00 0 30,000 30,000 0 30,000
Xing - Fill/Rock/Gravel 1 LS 10,000.00 0 10,000 10,000 0 10,000 Sub-Total = 1,621,259 461,180 2,082,439 0 2,082,439
Totals = 1,621,259 461,180 2,082,439 0 2,082,439
Grand Total = $2,082,439
This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. This estimate is not to be used for budget authority. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance. _____________________________________________________________________________________________________________________________________ Tuesday, November 5, 2024 Page 1 of 1

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Material And Force Account Estimate
Fairfield
Estimate Number: 151874 Version: 1
Standard Rates: Labor Additive = 283.35%
Estimate Good Until 11/06/25
Location: MARTINEZ SUB, NO 1, 51.35-51.39
Description of Work: 751294K East Tabor Ave Fairfield CA 51.37 Martinez Sub Prepared For: Fairfield
Buy America: Yes
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100

ENGINEERING
Engineering 1 LS 29,741.00 29,741 0 29,741 0 29,741
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,558.66 0 1,559 1,559 0 1,559 Sub-Total = 29,741 3,359 33,100 0 33,100

TRACK CONSTRUCTION - COMPANY
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 24 TF 1,281.60 15,587 15,171 30,758 0 30,758 TRACK 136# CWRIS0 24-8'6" PPHWD N 16 TP 16 TF 1,351.29 15,659 5,961 21,621 0 21,621 Sub-Total = 42,697 21,132 63,829 0 63,829

TRACK REMOVAL - COMPANY
RDXING Remove road crossing - concrete 114 TF 121.80 13,885 0 13,885 0 13,885 TRACK Remove Track 40 TF 47.40 1,896 0 1,896 0 1,896
Sub-Total = 15,782 0 15,782 0 15,782

SITE WORK - CONTRACT
Asphalt 1 LS 15,000.00 0 15,000 15,000 0 15,000
Traffic Control - Detour Signs & Coordination 1 LS 20,000.00 0 20,000 20,000 0 20,000 Sub-Total = 0 35,000 35,000 0 35,000

EQUIPMENT RENTAL
Equipment Rental 1 LS 20,000.00 0 20,000 20,000 0 20,000 Sub-Total = 0 20,000 20,000 0 20,000
Total Wgt. in Tons = 301 Totals = 88,219 79,491 167,710 0 167,710 Grand Total = $167,710
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Fairfield will pay actual construction costs at the current rates effective thereof. ____________________________________________________________________________________________________________________________________________________________________________ Wednesday, November 6, 2024 Page 1 of 1 Est. Annual Maint. Cost = $5,210

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1 Contractor's Right of Entry Public Project No. 0700589 Projects Form Approved 02/09/2022

EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").

RECITALS:
corporation
Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall includeContractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.

The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.

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2 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES.

A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"):

MTM:______________________
___________________________
___________________________
___________________________
PM:________________________
___________________________
___________________________
___________________________
C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.

ARTICLE 6 - TERM; TERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.

B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

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3 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company
[Insert mailing address]
Attn:

Project No. 0700589
ARTICLE 8 - PRECONSTRUCTION MEETING.

If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific’s Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad'sproperty.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

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4 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY
By:

Title:
(Name of Contractor)
By:

Name:

Title:

Phone:

E-Mail:

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EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.

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1 EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is

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