Fairfield City Council
January 20, 2026

CITY OF FAIRFIELD

CITY COUNCIL

MEETING AGENDA

Tuesday, January 20, 2026, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
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://fairfield.ca.gov/zoomcitycouncil or via phone (408) 638-0968, Webinar ID: 814 7538 5275, 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 - Pastor Karen Stetins of St. Mark's Lutheran Church D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER'S REPORT
G. CITY ATTORNEY'S REPORT
G.1 Settlement in Workers Compensation matters of Brett Morris v. City of Fairfield, Workers Compensation Appeals Board cases ADJ18896472 (Award made 11/3/2025) and ADJ 18896494 (Award made 10/18/25)
H. CITY CLERK'S REPORT
I. PRESENTATIONS
I.1 Proclamation Declaring Martin Luther King Jr. Day Presented by Vice Mayor Pam Bertani
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. 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.

K.1 CM Approval of Meeting Minutes for December 2025 9

Approval of Meeting Minutes for December 2025
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
Recommended Action:

Approve the meeting minutes.

K.2 Resolution 2026-01 CM Amendment 9 Legislative Consultant Services Solano Transportation Authority and Akin Gump Strauss Hauer & Feld, LLP 28 Approving Amendment No. 9 to the Federal Legislative Consultant Services Agreement Between the City of Fairfield, Solano Transportation Authority, the Cities of Vacaville and Vallejo, and Akin Gump Strauss Hauer & Feld, LLP Funding Source: $50,000; General fund, Transportation funds, and Gas Tax Revenues
Contact: Liz Aptekar, (707) 428-7389
Recommended Action:

Adopt resolution.

K.3 Resolution 2026-02 PD California Department of Justice Tobacco Grant Program Grant
35 Approving Acceptance of the California Department of Justice Tobacco Grant Program Grant and Approval of Activities to Reduce Youth Access to Tobacco Products, Support Statewide Tobacco Laws and Reduce Crime Impacting our Community Around Tobacco Retailers
Funding Source: N/A
Contact: Dan Marshall, (707) 428-7374
Recommended Action:

Adopt resolution.

K.4 Resolution 2026-03 PW Agreement with Fairfield-Suisun Sewer District for Solano Bayshore Resiliency Project
45 Authorizing Execution of the Agreement Between the City of Fairfield and Fairfield-Suisun Sewer District for the Solano Bayshore Resiliency Project Funding Source: N/A
Contact: Kayla Gacosta, (707) 428-7746
Recommended Action:

Adopt resolution.

K.5 Resolution 2026-04 PW Amendment No. 1 to Land Acquisition for Train Station Specific Plan Planning Area 1 Development
91

Authorizing Execution of the First Amendment to Agreement Pursuant to Government Code Section 66462.5 for Acquisition of Street A and Peabody Road Rights-of-Way related to portions of Train Station Specific Plan Planning Area 1 Development (Aviatrix Project)
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:

Adopt resolution.

K.6 Ordinance 2025-13 PW Repeal and Replace Chapter 22 of the Fairfield Municipal Code
131
Repeal and Replace Chapter 22 of the Fairfield Municipal Code in its Entirety Funding Source: N/A
Contact: Michael J. Hether, (707) 428-7485
Recommended Action:

Waive full reading, provide second reading by title only, and adopt Ordinance 2025-13.

K.7 Resolution 2026-05 PR Approving City Sponsored Special Events Calendar 160 Adopt City-Sponsored Special Events for the 2026 Calendar Year Funding Source: N/A
Contact: Juanita Johnson, (707) 428-7628
Recommended Action:

Adopt resolution.

K.8 Resolution 2026-06 FN Investment of Fairfield Public Financing Authority Monies into Local Agency Investment Fund
164
Authorizing the Investment of Fairfield Public Financing Authority Monies in the Local Agency Investment Fund (LAIF) by Certain Officers and Authorizing Them to Order the Deposit or Withdrawal of Monies in LAIF
Funding Source: N/A
Contact: Myles Dixon, (707) 428-7567
Recommended Action:

Adopt resolution.

K.9 Resolution 2026-07 FD Type I Pumper Truck Purchase and Budget Increase 168 Suspending Competitive Bidding for the Replacement Purchase of a Type I Pumper Truck and Authorizing an Update to the Fiscal Year 2025-2026 Budget

Funding Source: $1,172,233 ($1,000,000, Vehicle Replacement Fund; $172,233; General Fund)
Contact: John Sturdee (707) 436-7228
Recommended Action:

Adopt resolution.

K.10 Resolution 2026-08 FD Tablet Command Software Renewal 335 Authorizing the City Manager to Approve an Amendment to the Technology Software-as-a-Service Agreement with Tablet Command, Inc.

Funding Source: $109,049.38; General Fund
Contact: John Sturdee, (707) 436-7228
Recommended Action:

Adopt resolution.

L. NEW BUSINESS
L.1 Resolution 2026-09 FN Fiscal Year 2024-2025 Annual Comprehensive Financial Report and the Draft Schedule of Expenditures for Federal Awards Report 367
Approving the Fiscal Year 2024-2025 Annual Comprehensive Financial Report and the Draft Schedule of Expenditures for Federal Awards Report (Single Audit) and Other Reports
Funding Source: N/A
Contact: John Furtado, (707) 428-7629
Recommended Action:

Adopt resolution.

L.2 Resolution 2026-10 CD North Texas Street Revitalization Program 634 Approving and Authorizing the Funding and Adoption of the North Texas Street Revitalization Program
Funding Source: $400,000; Intragovernmental Loan Fund
Contact: Dave Zellers, (707) 428-7436
Recommended Action:

Adopt resolution.

L.3 Resolution 2026-11 PR Naming Rights 646
Declaring Application Period is Open for Solicitation of Naming Rights for Two City-Owned Facilities - the Fairfield Center for Creative Arts and the Golf Range at Paradise Valley Golf Course
Funding Source: N/A

Contact: Kristina Kaunzinger, (707) 428-7470
Recommended Action:

Adopt resolution.

L.4 Resolution 2026-12 HR Authorizing and Adopting Changes to City Manager’s Compensation and Benefits
655
Authorizing Changes to the Terms and Conditions of City Manager’s Compensation & Benefits to Maintain Alignment with Series 100 Executive Management-Represented Classifications
Funding Source: $9,252; General Fund
Contact: Farbod Pirouzmand (707) 428-7397
Recommended Action:

Adopt resolution.

M. PUBLIC HEARINGS
M.1 Resolution 2026-13 and Ordinance 2026-01 CD Housing Element Compliance 677 Resolution 2026-13 Approving Addendum (ER2025-0026) to the City of Fairfield General Plan Update And Climate Action Plan Environmental Impact Report (SCH 2021080289), and Approving General Plan Amendments (GPA2025-0003) for the Following Assessor’s Parcel Numbers (APN): (1) APN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From High Density Residential to Community Commercial; (2) APN: 0027-370-300 at Mangels Boulevard and Suisun Valley Road From High Density Residential to Community Commercial; (3) APN: 0038-221-010 at East Tabor Avenue and Railroad Avenue, from High Density Residential to Very High Density Residential; (4) APN: 0034-050-320 at Heath Drive and Peach Tree Drive from High Density Residential to Very High Density Residential; (5) APN: 0037-010-120 (1351 East Tabor Avenue) from High Density Residential to Very High Density Residential; and Ordinance 2026-01 Amending Chapter 25, Article I, Section 25.12.3 of the Fairfield Municipal Code (Also Known as Zoning Map Adopted) to Rezone (ZC2025-0006) to the Following Seven Parcels: (1) 3066 Travis Boulevard (APN:
0152-280-140) from Community Commercial District to Mixed Commercial District; (2) APN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From Office Commercial District to Mixed Commercial District; (3) APN: 0027- 370-300 at Mangels Boulevard and Suisun Valley Road, from Office Commercial District to Mixed Commercial District; (4) APN: 0027-360-070 at Campus Lane and Suisun Valley Road from Industrial Business Park District to Residential Very High Density District; (5) APN: 0038-221-010 At East Tabor Avenue And Railroad Avenue From Residential High Density District to Residential Very High Density District; (6) APN: 0034-050-320 at Heath Drive and Peach Tree Drive, from Residential High Density District to Residential Very High Density District; (7) 1351 East Tabor Avenue (APN: 0037-010-120) from Residential High Density District to Residential Very High Density District; And Amending Various Sections of Chapter 25, Article I, Also Known as The Zoning Ordinance, to Implement the 2023-2031 Housing Element

Funding Source: N/A
Contact: Vicrim Chima, (707) 428-7446
Recommended Action:

Hold public hearing; adopt resolution; waive full reading, read by title only and introduce ordinance for first reading.

M.2 Resolution 2026-14 PW Annexing Territory (Courage Investments Warehouse) to CFD 2012-2 and Resolution 2026-15 Declaring Results of Special Election 945
Resolution 2026-14 Annexing Territory Courage Investments Warehouse Project to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), as Annexation No. 71, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to Qualified Electors Thereof; and
Resolution 2026-15 Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 71 Courage Investments Warehouse Project Funding Source: N/A
Contact: Valerie Standfill, (707) 428-7055
Recommended Action:

Hold public hearing and adopt resolutions.

M.3 Resolution 2026-16 PW Annexing Territory Archway Recovery Services to CFD 2012-2 and Resolution 2026-17 Declaring Results of Special Election 957
Resolution 2026-16 Annexing Territory Archway Recovery Services to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), as Annexation No. 72, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to Qualified Electors Thereof; and
Resolution 2026-17 Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 72 Archway Recovery Services
Funding Source: N/A
Contact: Valerie Standfill, (707) 428-7055
Recommended Action:

Hold public hearing and adopt resolutions.

N. ADJOURN
ADJOURN TO TUESDAY, FEBRUARY 3, 2026, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, January 14, 2026.

Agenda Item No: K.1

AGENDA REPORT
DATE: January 20, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Approval of Meeting Minutes for December 2025 Funding Source: N/A
Contact: Karen Rees, (707) 428-7767

RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for December 2025 have been approved by the city attorney and need council approval.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose to modify the minutes, which will result in bringing this item back at a future date.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]

ATTACHMENTS
Attachment 2: 12-02-2025 Closed Session Minutes
Attachment 3: 12-02-2025 City Council Minutes
Attachment 4: 12-17-2025 Closed Session Minutes
Attachment 5: 12-16-2025 City Council Minutes

CITY OF FAIRFIELD CITY COUNCIL

CLOSED SESSION MEETING
TUESDAY, DECEMBER 2, 2025; 5:00 PM

CITY HALL, CITY MANAGER'S OFFICE CONFERENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533

OR VIA ZOOM

MINUTES

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

Councilmember Doug Carr - Present
Councilmember Doriss Panduro - Present
Councilmember Manveer Sandhu - Present
Councilmember Scott Tonnesen - Present
Councilmember K. Patrice Williams - Present
Vice Mayor Pam Bertani - Present
Mayor Catherine “Cat” Moy - Present
No members of the public were present for public comment.

The City Council went into closed session on the following items with the listed people present:

F.1 Labor Negotiations
Present were City Attorney David Lim, City Manager David Gassaway, and Human Resources Director Farbod Priouzmand.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:23 p.m.
______________________________
City Attorney
________________________________
Mayor

1 CITY OF FAIRFIELD

CITY COUNCIL MINUTES
December 2, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________ A. CALL TO ORDER 6:00 PM
Mayor Catherine "Cat" Moy called the meeting to order at 6:01 p.m.

B. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Manveer Sandhu, Scott Tonnesen, and K. Patrice Williams; Vice Mayor Pam Bertani, Mayor Moy.

C. INVOCATION - Pastor Christian Bravo of Liberty Church Pastor Louis Torres of Liberty Church gave an invocation.

D. PLEDGE OF ALLEGIANCE
Vice Mayor Bertani led the Pledge of Allegiance.

E. COUNCIL REPORTS
Councilmember Williams made a motion to agendize a discussion as to whether or not Mayor Moy lives within the city limits of Fairfield (a quo warranto). Mayor Moy stated she does live in Fairfield city limits but she seconded the motion. City Attorney Lim stated he would prepare a presentation for Council to move forward on the process.

Councilmember Tonnesen reported that West Texas Street businesses are open despite the construction and that Jennifer Rice and David Zellers of Economic Development are having signs printed that indicate businesses are open and should be available soon.

Councilmember Carr invited the community to attend a memorial ceremony for those from the unhoused community that died this year on December 17, at 5 pm, at Willow Hall. Also, volunteers are need for the Point In Time count for the homeless population on Thursday, January 29. Anyone interested in volunteering, please contact Homeless Services Manager Samantha Burrows to register.

Councilmember Panduro reported that she attended the Annual Solano Turkey Trot at Solano Community College on Thanksgiving and said it was the coldest race yet! The "Trot" is a fundraising charity event, with Meals on Wheels of Solano County and the Suisun City

2 Salvation Army KROC Center as the two recipients this year. She thanked everyone who participated and volunteered.

Vice Mayor Bertani thanked everyone for attending the council meeting. She thanked everyone who participated and/or volunteered in the Clergy Action Network (CAN) early Thanksgiving Dinner for those in need on November 25. She stated they served over 400 people with the help of more than 90 volunteers! Next, she invited the community to attend a CARE Act Court Town Hall on December 4, at 5-6:30 pm, in Council Chamber featuring city/county officials explaining the Community Assistance, Recovery, and Empowerment (CARE) Court program for severe mental illness, offering residents info on treatment, housing, and care coordination, and collecting community feedback. Lastly, she read a letter from Pastor Anthony Gilmore of Bethel Community Church, who asked for a public apology regarding an incident that occurred during the November 18 council meeting.

Councilmember Sandhu reported he would leave the meeting early as he had a flight to catch to Asia. He shared that he attended the 100th KC-46A Pegasus tanker delivery to Travis Air Force Base earlier today, marking a major milestone for Air Mobility Command (AMC) and the U.S. Air Force in modernizing their aerial refueling fleet. The event included a ceremony, with high-ranking officials like AMC Commander Gen. John D. Lamontagne and Air Force Reserve Chief Lt. Gen. John Healy attending.

Mayor Moy shared that she was honored to welcome the Nirasaki, Japan Sister City student ambassadors on December 1 and looked forward to their presentation this evening. She reported that she would talk to Councilmember Carr further, along with City Attorney Lim and City Manager Gassaway regarding the incident at the November 18 council meeting.

F. CITY MANAGER REPORT
City Manager Gassaway invited the community to attend the annual Tree Lighting ceremony at 6 pm on Friday night, December 5, at the corner of Jefferson and Texas Streets, and also the Menorah Lighting at the same location, on Thursday, December 16, at 4 pm. Regarding the agenda, Item I.2 presentation for the Veterans Day Parade awards - that has been continued to the December 16 council meeting, as the plaques did not arrive on time for the awardees. And public hearing Item M.1 will be continued to the January 20, 2026 council meeting.

G. CITY ATTORNEY REPORT
City Attorney David Lim had nothing to report.

H. CITY CLERK REPORT
City Clerk Karen Rees had nothing to report.

I. PRESENTATIONS
I.1 Recognition of Sister City Exchange Students

3 Assistant to the City Manager Liz Aptekar introduced the Japanese student ambassadors, who are visiting from our Sister City of Nirasaki. Each of the six students and two chaperones introduced themselves. Ms. Aptekar presented each student with a certificate recognizing their participation in the program signed by Mayor Moy.

I.2 Veterans Day Parade Awards Presented by Recreation Program Coordinator Juan Segura
City Manager Gassaway stated this item would be presented at the December 16, 2025, council meetings as the plaques did not arrive in time.

I.3 Landscape Oversight Committee Quarterly Update Presented by the Landscape Oversight Committee Members
Chair Rick Johnson of the Landscape Oversight Committee and Vice-Chair Victoria Cook gave a quarterly update on LLMDs.

J. PUBLIC COMMENTS
Jeff Trager spoke about upcoming events at the Downtown Theatre.

Minnie Noble spoke about a fall she suffered at the Adult Recreation Center earlier in the year. Mayor Moy stated that she would call Minnie the next day.

Shayla Lewellen spoke about the Phoenix and Vista Ridge projects.

K. CONSENT CALENDAR
Councilmember Tonnesen made a motion to approve the consent calendar.

Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Carr
To approve the consent calendar.

Motion Carried (7 to 0)
K.1 Resolution 2025-233 PW Canon Station Planning Area 4 Offsite Water Improvements Acceptance
Adopt resolution.

K.2 Resolution 2025-234 PW Pinnacle Petroleum, Inc. Contract Award for Renewable Diesel and 87 Octane Gasoline
Adopt resolution.

K.3 Resolutions 2025-235 and 2025-236 PW Travis Trail Safe Routes to School and Transit Trail Project

4 Adopt resolutions.

K.4 Resolution 2025-237 PW Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge Improvements Acceptance
Adopt resolution.

K.5 Resolution 2025-238 PW Canon Station – Planning Area 4 Lake Park Landscape – Phase 2 Acceptance
Adopt resolution.

L. NEW BUSINESS
L.1 CM Measure P Oversight Committee Annual Report Presented by Steve Vancil Chair Steve Vancil of the Measure P Oversight Committee presented the annual report prepared by the Committee.

Council thanked Steve for the excellent presentation. Anyone can access the report at www.fairfield.ca.gov/measurep.

No action by City Council necessary.

L.2 Resolution 2025-239 CM Accepting the Negotiated Settlement Agreement with Solano Garbage Company (dba Republic Services)
City Attorney Lim gave a presentation regarding the negotiated settlement agreement with Solano Garbage Company (dba Republic Services).

There were no requests to speak. Vice Mayor Bertani made a motion to approve the resolution. Mayor Moy seconded the motion. The motion carried unanimously (7-0).

Adopt resolution.

L.3 Resolution 2025-240 HR Amending Terms and Conditions for Fairfield Employees Association Memorandum of Understanding
HR Director and Assistant City Manager Farbod gave a brief presentation. There were no requests to speak.

Councilmember Panduro made a motion to approve Resolution 2025-240.

Councilmember Sandhu seconded the motion. The motion carried unanimously (7-0).

Adopt resolution.

L.4 Resolution 2025-241 HR Amending Terms and Conditions of Non-Represented Confidential Employees

5 HR Director and Assistant City Manager Farbod Pirouzmand gave a brief presentation. There were no requests to speak.

Councilmember Tonnesen made a motion to approve Resolution 2025-241.

Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

Councilmember Sandhu left the meeting after the vote on this item.

Adopt resolution.

L.5 Resolution 2025-242 PR Downtown Theatre Management Agreement The following individuals spoke on Item L.5: Nichole Lemke, Megan Davis, E.J.

Johnson, Tony Wade, Tia Madison, John Johnson speaking on behalf of Barbara Peters, Katie Witt speaking on behalf of Barbara McFadden, Casey Ellis, Jill Perez, Dae Spering, Anthony Allen, Andrea Hallahan, Jenn Rivers, Mandy Huffaker, Kirstin Pieschke, Gregory Kearns, Robert Brudney, Sue Cavazos, Linda Perry, David Leonard, Lance Marshall, Kimberly Marshall, Diana Winningham, Michael Meszaros, Joseph Abrew speaking on behalf of Kelly Pidgeon James, Krista Rae Flores, Tessa Ewert, Conner Watson, Amanda Millett, Michael Cross, Christina Rae, Antonio Escobedo, Sandra Gray, Yvonne B., Jim Spering, Anna Eaton, Isabelle Guitierrez, Cora Moreno, Brooklyn Hobbs, Dave McCallum, Wanda Cook, Heidi Peeler, and AJ Rooney (online).

After a lengthy discussion, Mayor Moy made a motion to award the contract to the Downtown Theatre Foundation for the Arts (DTFA) under the direction of Dae Spering, for a two-year extension past the February 28, 2026 date, with friendly amendments such as forming a Board of Directors, holding regular meetings and taking minutes, with transparency in reporting, clarification in contract on ownership of name and assets of the venue. If there is any change in the future, provide monthly reports (like the golf courses provide) that include ticket sales, accounts payable / receivable, also more diversity in programming (Mariachi, rock & roll, school groups), a contract with minimal conflicts so it is enforceable, vetting of professional groups to protect the City. Councilmember Tonnesen seconded the motion. The motion carried unanimously (6-0).

Adopt resolution.

M. PUBLIC HEARINGS
M.1 Continued CD General Plan Housing Implementation
This item was pulled from the agenda and will be heard in January.

N/A
N. ADJOURN
Mayor Moy adjourned the meeting at 9:52 p.m. to December 16, 2025, 6 pm, at the Harry T. Price Memorial Council Chamber.

6 Mayor City Clerk

1 CITY OF FAIRFIELD CITY COUNCIL

CLOSED SESSION MEETING
TUESDAY, DECEMBER 17, 2025; 5:00 PM

CITY HALL, PUBLIC WORKS CONFERENCE ROOM
1000 WEBSTER STREET, 3RD FLOOR, FAIRFIELD, CA 94533

OR VIA ZOOM

MINUTES

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

Councilmember Doug Carr - Present (Zoom - Contagious Illness) Councilmember Doriss Panduro - Present
Councilmember Manveer Sandhu - Present
Councilmember Scott Tonnesen - Present
Councilmember K. Patrice Williams - Present
Vice Mayor Pam Bertani - Absent
Mayor Catherine “Cat” Moy - Present
“Michael” was on zoom and declined to make a public comment. No other members of the public were present for public comment.

The City Council went into closed session on the following items with the listed people present:

F.1 Conference with Legal Counsel - Existing Litigation Name of Case: Shri Guru Hari, LLC et. al. v. City of Fairfield, a municipal corporation, Solano County Superior Court case no. CU25-01676
Present were City Attorney David Lim, City Manager David Gassaway, and Finance Director John Furtado.

F.2 Conference with Legal Counsel - Existing Litigation Name of Case: Shri Guru Hari, LLC et. al. v. City of Fairfield, a municipal corporation,Northern District of California case no. 3:25-cv-04200
Present were City Attorney David Lim, City Manager David Gassaway, and Finance Director John Furtado.

F.3 Public Employee Performance Evaluation: City Manager David Gassaway Present were City Manager David Gassaway, Janette Williams (Zoom), and City Attorney David Lim (left meeting at 5:40 PM)

2 The City Council came out of closed session.

Mayor Moy adjourned the meeting at 7:18 p.m.
______________________________
City Attorney
________________________________
Mayor

1 CITY OF FAIRFIELD

CITY COUNCIL MINUTES
December 16, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________ A. CALL TO ORDER 6:00 PM
Mayor Catherine "Cat" Moy called the meeting to order at 6 pm.

B. ROLL CALL
On roll call were Councilmembers Doriss Panduro, Manveer Sandhu, Scott Tonnesen, and K. Patrice Williams; Vice Mayor Pam Bertani, and Mayor Moy (left at 6:45 p.m. due to illness). Councilmember Carr was absent.

C. INVOCATION - Pastor Tim Williams of Band of Believers Pastor Tim Williams of Band of Believers gave an invocation.

D. PLEDGE OF ALLEGIANCE
City Attorney David Lim led the Pledge of Allegiance.

E. COUNCIL REPORTS
Councilmember Williams reported she attended a Kaiser Permanente grant program orientation meeting. Community-Based Organization (CBO) Grant Programs are offered by government agencies (like California's HCAI) and various grants and scholarships offered by Kaiser Permanente to CBOs and students. She directed anyone with interest to visit the Kaiser website and, if in need of help, to email her at [email protected] for assistance. Next, she congratulated the Aurora Apartments in Green Valley on their grand opening - she was sad to miss it as she was working.

Councilmember Tonnesen shared that the Christmas Tree Lighting event was well attended and a great time. He attended the grand opening of the new restaurant in District 2 - Gusto al Gusto, on Travis Blvd. (the old Hof Brau Restaurant site). There were over 100 people in attendance, along with folklorico dancers and a mariachi band.

Councilmember Panduro thanked the families that hosted Japanese exchange students from our Sister City, Nirasaki for the past two weeks. She also thanked all of the community businesses and organizations that participated and donated items and their

2 time to allow students to have a memorable time during their visit. She also thanked Assistant to the City Manager Liz Aptekar, who coordinated the entire visit and was with the students every day ensuring they were safe and having fun! The students returned to Japan with very fond memories on December 16.

Next, she thanked 4th grade teacher Mrs. Untalun of Laurel Creek Elementary School for inviting her to speak to her students on December 15, where she spoke about local government and the role of a councilmember. Lastly, she reported that she spoke at the Parent Leadership Training Institute of Solano (PLTI), a free 20-week in person course. For more information, visit www.childnet.org/plti.

Vice Mayor Bertani reported that she co-hosted a CARE Act (Community Assistance, Recovery & Empowerment) Town Hall meeting in Council Chamber on December 4.

Solano County Superior Court – Presiding Judge Alesia Jones and Solano County Behavioral Health Director Jennifer Mullane co-hosted and provided a wealth of information. For those interested in viewing the town hall meeting can do so on the City of Fairfield's YouTube channel.

Councilmember Sandhu reported that he and several colleagues attended the FairfieldSuisun Chamber of Commerce Holiday Mixer and that his table won the bid on a delicious cake during the dessert auction. The event raised funds for the non-profit "Connections for Life," a dedicated nonprofit organization in Suisun committed to empowering individuals with disabilities. He spoke about the impending closure of Anheuser-Busch in February of 2026 and the comments on social media. He stated that the City will work diligently to reconfigure the site and to work with future prospective new owners.

Mayor Moy shared that she just attended the 5th Annual Menorah Lighting in Downtown Fairfield prior to the council meeting. Because she was not feeling well, she asked Councilmember Tonnesen to climb up the fire ladder to light the Menorah as she normally does. She wished everyone Happy Hanukkah. She thanked her colleagues and wished them a Merry Christmas and Happy New Year!
F. CITY MANAGER'S REPORT
City Manager David Gassaway spoke about the news that Anheuser-Busch would be closing its Fairfield facility (and two others in the U.S.) in February 2026 after nearly fifty years of operation here. He said that he is working with Economic Development and Public Works, and the water utilities team to understand the infrastructure of the site. They have been speaking to Fairfield-Suisun Sewer District, PG&E, Union Pacific Railroad, and others, which is important as there will be some reuse of the site - depending on who buys the property. He shared that City staff is working with the Workforce Development Board of Solano County to help displaced employees find new jobs.

He asked that the President / Executive Director of WDB David Hubble speak to address the crowd and council. Mr. Hubble shared that they are using Rapid Response, a proactive, business-focused program designed to assist companies facing potential layoffs or business closures. Rapid Response services are tailored to each company based on the

3 needs of the affected employees. They will be offering on-site support, resume help, skill training, unemployment assistance, job placement, career fairs, and connections to other vital community resources (housing, food, etc.) to all employees at Anheuser-Busch that are not being moved to other facilities. More information will be forthcoming.

G. CITY ATTORNEY'S REPORT
City Attorney David Lim had nothing to report.

H. CITY CLERK'S REPORT
City Clerk Karen Rees reported that recruitment for the Youth Commission is always open and ongoing and that the Landscape Oversight Committee is still seeking a representative for District 2. She shared that today, December 16, is three years since former Mayor Harry T. Price died and asked if the meeting could be adjourned in his memory.

I. PRESENTATIONS
I.1 Veterans Day Parade Awards Presented by Recreation Program Coordinator Juan Segura
Parks & Recreation Coordinator Juan Segura and Program Specialist Sandra Reyes distributed awards to the Veterans Day Parade winners. Present to accept the awards were the following groups: Novelty Category: Norcal Emergency Responders Organization with Christine the Pink Engine; the Vehicle Category was won by the Golden Hills Mustang Club, and the Sweepstakes Category awardee was Kashinoki Taiko. Several other groups were not able to attend.

I.2 Special Olympics Certificate Presented by Vice Mayor Pam Bertani Vice Mayor Bertani presented a Certificate of Recognition to the Special Olympics of Northern California Chapter. It was accepted by Special Olympics Global Ambassador, Vice Chair of the U.S. Athlete Leadership Council and Special Olympics Poet, Amanda Harrinauth.

J. PUBLIC COMMENTS
At 6:46 p.m. Mayor Moy left the meeting after presentations but before public comments as she was not feeling well. Vice Mayor Bertani took over presiding over the meeting.

David Rodgers, Jr., Carols R., Veronica M., E. J. Johnson, Vanessa L., Benjamin S., Juliana Upson, Conner Watson, Lisa Honeycutt, Malissa S., Makali M., Lori Ganda, Dan Graves, Angela Blancovargas; and Sandy Gray (online) spoke about the Downtown Theatre contract.

Dr. Elizabeth Munn Palomera spoke about the need for volunteers for the homeless Point In Count on January 30, 2026.

4 After public comment, Councilmember Williams directed staff to look into allegations made by public speakers regarding the Downtown Theatre Foundation for the Arts (DTFA) not having a business or liquor license and not operating properly.

K. CONSENT CALENDAR
There were no requests to speak on consent calendar items. Councilmember Tonnesen made a motion to approve the consent calendar. Councilmember Sandhu seconded the motion. The motion carried unanimously (5-0).

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Sandhu
To approve the consent calendar.

Motion Carried
K.1 CM Approval of Meeting Minutes for November 2025
Approve the meeting minutes.

K.2 Resolution 2025-243 FN Updating Local Agency Investment Fund Officers Adopt resolution.

K.3 Resolutions 2025-244 and 2025-245 PW Special Inspections for Fire Station 36 and 39 Project and Authorizing an Update to the Fiscal Year 2025-2026 Budget for Fire Station 36 Project
Adopt resolutions.

K.4 Resolution 2025-246 PW Canon Station – Planning Area 4 – Linear Park Trail Segment 3A Time Extension Agreement Authorization
Adopt resolution.

K.5 Resolution 2025-247 PW Allan Witt Community Park – Phase 3 Acceptance Adopt resolution.

K.6 Resolution 2025-248 PW Canon Station Planning Area 4 Backbone Improvements Acceptance
Adopt resolution.

K.7 Resolution 2025-249 PW Cement Hill Water Treatment Plant – New Entryway Acceptance
Adopt resolution.

K.8 Resolution 2025-250 PW Water Utility Master Plan Contract Amendment

5 Adopt resolution.

K.9 Resolution 2025-251 PW Jepson Parkway Phase 2B-2C National Environmental Policy Act Revalidation Amendment No. 1
Adopt resolution.

K.10 Resolution 2025-252 PW NBR Filter Media Replacement Budget Adjustment Adopt resolution.

K.11 Resolution 2025-253 PW Assessment and Feasibility Study for Police Activities League Youth Center
Adopt resolution.

K.12 Resolution 2025-254 PW Canon Station Planning Area 5 – Neighborhood R, L, K1 Improvements Acceptance
Adopt resolution.

K.13 Resolution 2025-255 PW Canon Station Planning Area 4 – Neighborhood 5 Landscape Improvements Acceptance
Adopt resolution.

K.14 Resolution 2025-256 PW Canon Station Planning Area 5 – Neighborhood O Improvements Acceptance
Adopt resolution.

K.15 Resolutions 2025-257 Through 2025-259 PW Corporation Yard Phase 1A and Solano Transportation Authority Funding Agreement
Adopt resolutions.

L. NEW BUSINESS
L.1 CM Minute Action Approving the Mayor’s Appointments Councilmember Tonnesen made a motion to approve Mayor Moy's appointments to various commissions. Councilmember Panduro seconded the motion. The motion carried (5-0).

City Clerk Rees administered the Oath of Office to the following individuals: Golf Advisory Board Member Tom Hanson, Solano Commission for Women & Girls Member Rebecca Baldridge, Solano County Mosquito Abatement District Board of Trustees June Johnsen, and Youth Commissioners Jordyn Jones and Madison McCrea.

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Panduro

6 Approve appointments. Perform oath of office.

Motion Carried
L.2 CD Final Report on the Investigation and Feasibility of Forming a Potential New Downtown PBID
Economic Development Project Manager Shifra de Benedictis-Kessner and Consultant Marco Mandri (online) gave a presentation on the potential formation of a new downtown Fairfield Property-Based Improvement District (PBID). Vice Mayor Bertani thanked them for the report. Councilmember Tonnesen stated that this was a good learning experience and that he will share with Council at the retreat in January 2026 additional steps they can take to make this happen, but that it will take time.

Kevin Phillips of Archway Recovery Services spoke on Item L2.

No action required by City Council.

L.3 Resolution 2025-260 HR Terms and Conditions of the Benefits Summary for Series 100 Employees
Human Resources Director and Assistant City Manager Farbod Pirouzmand gave a brief presentation. There were no requests to speak. Councilmember Tonnesen made a motion to approve Resolution 2025-260. Councilmember Sandhu seconded the motion. The motion carried unanimously (5-0).

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Sandhu
Adopt resolution.

Motion Carried
L.4 Resolution 2025-261 HR Amending Terms and Conditions for Fairfield Fire Managers’ Association Memorandum of Understanding
Human Resources Director and Assistant City Manager Farbod Pirouzmand gave a brief presentation. There were no requests to speak. Councilmember Panduro made a motion to approve Resolution 2025-261. Councilmember Sandhu seconded the motion. The motion carried unanimously (5-0).

Moved by: Councilmember Panduro
Seconded by: Councilmember Sandhu
Adopt resolution.

Motion Carried

7 L.5 Resolution 2025-262 HR Amending the Departmental Position Control List for the Information Technology Department
Human Resources Director and Assistant City Manager Farbod Pirouzmand gave a brief presentation. There were no requests to speak. Councilmember Tonnesen made a motion to approve Resolution 2025-261. Councilmember Sandhu seconded the motion. The motion carried unanimously (5-0).

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Sandhu
Adopt resolution.

Motion Carried
L.6 CM Survey Results on General Purpose Sales Tax
Human Resources Director and Assistant City Manager Farbod Pirouzmand gave a presentation, along with President Adam Probolsky of Probolsky Research and William Berry of William Berry Campaigns. Vice Mayor Bertani thanked them for a comprehensive report.

The councilmembers present, excluding Vice Mayor Bertani, stated they were ready to proceed with the next steps and process of placing a tax measure on 2026 ballot, providing robust education and outreach to the community. The Vice Mayor stated she would prefer to have the entire City Council present to decide, but she reiterated that the majority had spoken to move ahead.

M. PUBLIC HEARINGS
M.1 Ordinance 2025-13 PW Repeal and Replace Chapter 22 of the Fairfield Municipal Code
Assistant Public Works Director Michael Hether gave a brief presentation. Vice Mayor Bertani opened the public hearing. There were no requests to speak. Vice Mayor Bertani closed the public hearing. Councilmember Tonnesen made a motion to waive full reading, read by title only, and introduce Ordinance 2025-13 for first reading. Councilmember Panduro seconded the motion. The motion carried unanimously (5-0).

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Panduro
Hold public hearing, waive full reading, read by title only, and introduce ordinance for first reading.

Motion Carried

8 N. ADJOURN
Vice Mayor Bertani adjourned the meeting at 8:32 pm in memory of former Mayor Harry T. Price, who died three years ago on this date. The next meeting is scheduled for January 20, 2026.

Mayor City Clerk

Agenda Item No: K.2

AGENDA REPORT
DATE: January 20, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-01 CM Amendment 9 Legislative Consultant Services Solano Transportation Authority and Akin Gump Strauss Hauer & Feld, LLP Approving Amendment No. 9 to the Federal Legislative Consultant Services Agreement Between the City of Fairfield, Solano Transportation Authority, the Cities of Vacaville and Vallejo, and Akin Gump Strauss Hauer & Feld, LLP
Funding Source: $50,000; General fund, Transportation funds, and Gas Tax Revenues Contact: Liz Aptekar, (707) 428-7389

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The attached resolution authorizes the City to extend an agreement with the cities of Vacaville and Vallejo, and the Solano Transportation Authority (STA) for federal lobbying efforts provided by Akin Gump Strauss Hauer & Feld, LLP (Akin Gump). The current two-year contract (Amendment No. 8) expired on December 31, 2025, and the proposed amendment will allow Akin Gump to continue their transportation advocacy efforts on behalf of the partnering agencies.

DISCUSSION
Since 2001, the City of Fairfield partnered with the cities of Vacaville and Vallejo, and the STA for federal lobbying efforts. Each agency has participated equally in the funding of the contract for federal advocacy services.

Federal advocacy efforts focus on guiding transportation policy and strategy and obtaining funding sources for priority projects such as:
1) The 80/680/State Route 12 interchange

2) Jepson Parkway Phase 2B (Access to Travis AFB and Canon Road Safety Improvements) 3) The Fairfield-Vacaville Hannigan Train Station
4) Fairfield Transit and Municipal Fleet Electrification Project Akin Gump continues to provide valuable assistance to the STA and member cities on federal matters, including researching federal grant opportunities for transportation projects.

Experienced in transportation law, Akin Gump communicates with member agencies to provide timely information on transportation developments and strategic advice.

STA initially entered into a contract with Akin Gump from February 15, 2008, through February 15, 2010. Amendment No. 1 extended the agreement from December 1, 2009, until December 31, 2011, and adding Dixon as a partnering agency. Amendment No. 2 through No. 6 each extended the agreement for an additional two-year term, with Amendment No. 5 removing the City of Dixon. Amendment No. 6 and No. 7 continued the agreement between STA and the three participating cities for two, two-year terms. Amendment No. 8 continued the agreement between STA and the three participating cities for another two-year term.

The proposed two-year contract extension (Amendment No. 9) for federal legislative advocacy services with Akin Gump maintains annual compensation of $120,000, inclusive of all expenses, and a monthly retainer of $10,000. The cost for the contract is equally distributed to the cities of Fairfield, Vacaville, Vallejo in the amount of $2,083.33 per month or $25,000 per year with STA paying $3,750 per month, $45,000 per year due to their focused interest in transit-related issues.

FINANCIAL IMPACT
The City of Fairfield's share of the contract cost will be $2,083.33 per month for a total cost of $50,000 over the term of the 24-month contract period. The cost will be shared among the General Fund ($14,000 from Fund 011, Organization Code 99203), Streets CIP funded through Gas Tax revenues ($25,000 from Fund 252, Organization Code 99000), Transportation Local Fixed Route Fund ($5,390 from Fund 451, Organization Code 76002), Transportation Commuter Fixed Route Fund ($3,850 from Fund 451, Organization Code 76502), and Transportation Paratransit Fund ($1,760 from Fund 452, Organization Code 76002). The total contract cost to the three cities and STA will be $240,000 for the 24-month period.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
N/A

COORDINATED WITH
Public Works Department

STAFF CONTACT
Liz Aptekar, Assistant to the City Manager
(707) 428-7389
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Amendment 9 to Akin Gump Service Agreement

CITY OF FAIRFIELD
RESOLUTION NO. 2026-01
APPROVING AMENDMENT NO. 9 TO THE FEDERAL LEGISLATIVE CONSULTANT SERVICES

AGREEMENT BETWEEN THE CITY OF FAIRFIELD, SOLANO TRANSPORTATION AUTHORITY, THE

CITIES OF VACAVILLE AND VALLEJO, AND AKIN GUMP STRAUSS HAUER & FELD, LLP WHEREAS, it is important and necessary for the City to be informed and active in federal legislative activities and governmental affairs particularly as they affect transportation; and WHEREAS, it is equally important and necessary for the City to be active in pursuing federal appropriations for transportation projects to enhance the services provided to the citizens of Fairfield; and
WHEREAS, the City of Fairfield, the Solano Transportation Authority (STA), the Cities of Vacaville and Vallejo, and Akin Gump Strauss Hauer & Feld, LLP entered into a two-year agreement on February 16, 2008, to provide federal legislative consulting services on behalf of STA and the cities; and
WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP amended the agreement (Amendment No. 1), extending the term of the agreement from December 1, 2009, until December 31, 2011, and added the City of Dixon; and WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 2), extending the term of the agreement through December 31, 2013; and
WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 3), extending the term of the agreement through December 31, 2015; and
WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 4), extending the term of the agreement through December 31, 2017; and
WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 5), extending the term of the agreement through December 31, 2019, removing the City of Dixon; and
WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 6), extending the term of the agreement through December 31, 2021; and

RES. NO. 2026-01

WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 7), extending the term of the agreement through December 31, 2023; and
WHEREAS, the partnering agencies and Akin Gump Strauss Hauer & Feld, LLP again amended the agreement (Amendment No. 8), extending the term of the agreement through December 31, 2025; and
WHEREAS, the City continues to benefit from the services and legislative advocacy efforts provided by Akin Gump Strauss Hauer & Feld, LLP and wishes to extend the agreement (Amendment No. 9) for an additional two years through December 31, 2027.

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

Section 1. The City of Fairfield hereby approves Amendment No. 9 to the agreement with STA, the cities of Vacaville and Vallejo, and Akin Gump Strauss Hauer & Feld, LLP in an amount not to exceed $50,000 for Fairfield's contribution for the 24-month term of the contract, January 1, 2026, through December 31, 2027.

Section 2. The city manager, or designee, is authorized to sign Amendment No. 9 and take other steps necessary to implement the contract.

PASSED AND ADOPTED this 20th day of January 2026, by the following vote:

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

CITY CLERK

9th Amendment to Akin Gump Contract for Federal Lobbying 12-2025 1 AMENDMENT #9 TO AGREEMENT

BETWEEN

THE SOLANO TRANSPORTATION AUTHORITY ON BEHALF OF ITSELF AND

THE CITIES OF FAIRFIELD, VACAVILLE, AND VALLEJO
AND

AKIN GUMP STRAUSS HAUER & FELD, LLP
FOR

FEDERAL LEGISLATIVE CONSULTANT SERVICES
THIS AMENDMENT #9 is entered into as of December 31, 2025 between the SOLANO TRANSPORTATION AUTHORITY, a congestion management agency and authorized under the laws of the State of California (“STA”), on behalf of itself and the Cities of Fairfield, Vacaville, and Vallejo (collectively, the “Cities”), and AKIN GUMP STRAUSS HAUER & FELD, LLP (“Consultant”), collectively the “parties”.

RECITALS
WHEREAS, the parties entered into an agreement (“Agreement”) on February 16, 2008 in which Consultant agreed to provide Federal Legislative consulting services on behalf of STA and the Cities; and
WHEREAS, the parties amended the Agreement on December 1, 2009 to extend the term of the Agreement and add the City of Dixon (Amendment #1); again on December 14, 2011 (“Amendment #2); again on December 12, 2013 to continue the services through December 31, 2015 (“Amendment #3”); again on December 31, 2015 (“Amendment #4”) to extend the services through December 31, 2017 between all parties except the City of Dixon; again on January 1, 2018 (“Amendment #5”) to extend the services through December 31, 2019 and include Solano County Transit (“SolTrans”) beginning with this amendment and to exclude the City of Dixon; and again on January 1, 2020 (“Amendment #6”) to continue the services through December 31, 2021 for a contract amount not-to-exceed $240,000; and again on January 1, 2022 (“Amendment #7”) to continue the services through December 31, 2023 for a contract amount not-to-exceed $240,000; and again on January 1, 2024 (“Amendment #8”) to reflect a budget amount not-to-exceed $240,000 and extend the term for two (2) years through December 31, 2025 between all parties except Solano County Transit (SolTrans) to allow for a continuation of services.

WHEREAS, this Amendment #9 represents a two (2)-year extension for the period of January 1, 2026 through December 31, 2027 between STA and the Cities of Fairfield, Vacaville, and Vallejo for a total budget of not-to-exceed $240,000, which was approved by the STA Board on December 10, 2025.

IN CONSIDERATION FOR THE MUTUAL PROMISES SET FORTH IN THIS AMENDMENT, THE PARTIES AGREE AS FOLLOWS:

1. Term of Agreement
The term of this Agreement is through December 31, 2027.

9th Amendment to Akin Gump Contract for Federal Lobbying 12-2025 2 2. Cost of Services and Allocation of Costs
Section 3 of the Agreement as well as Section 5 of Amendment #1 are amended for a budget amount no-to-exceed $240,000 to be paid at the rate of $10,000 per month allocated to each of the Cities and STA following pro rata share:

City of Fairfield: $2,083.33/mo.

City of Vacaville: $2,083.33/mo.

City of Vallejo: $2,083.33/mo.

STA: $3,750.00/mo.

3. Prior Terms and Conditions
Except as specifically set forth in this Amendment #9, all terms and conditions of the initial Agreement, as previously modified, shall remain in full force and effect.

The parties have executed this Amendment #9 as of the day and year first written above.

CITY OF FAIRFIELD Approved as to Form:

By: ________________________________
David Gassaway, City Manager
By: ________________________________
Fairfield City Attorney
CITY OF VACAVILLE Approved as to Form:

By: ________________________________
Savita Chaudhary, City Manager
By: ________________________________
Vacaville City Attorney
CITY OF VALLEJO Approved as to Form:

By: ________________________________
Andrew Murray, City Manager
By: ________________________________
Vallejo City Attorney
SOLANO TRANSPORTATION AUTHORITY Approved as to Form:

By: ________________________________
Daryl K. Halls, Executive Director
By: ________________________________
Megan J. Callaway, STA Legal Counsel

AKIN GUMP STRAUSS HAUER & FELD, LLP
By: ___________________________
Susan Lent, Partner

Agenda Item No: K.3

AGENDA REPORT
DATE: January 20, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-02 PD California Department of Justice Tobacco Grant Program Grant
Approving Acceptance of the California Department of Justice Tobacco Grant Program Grant and Approval of Activities to Reduce Youth Access to Tobacco Products, Support Statewide Tobacco Laws and Reduce Crime Impacting our Community Around Tobacco Retailers Funding Source: N/A
Contact: Dan Marshall, (707) 428-7374

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Police Department’s Code Enforcement Unit has applied for and received tentative approval for a tobacco safety grant from the California Department of Justice, funded through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56).

The grant award of $795,408 will support a range of public safety and quality-of-life initiatives, including the development of a Tobacco Retail License (TRL) ordinance, retailer education, routine compliance inspections, minor decoy operations, prosecution support, and other enforcement measures aimed at reducing crime and unlawful activity in and around tobacco retail establishments.

DISCUSSION
The California Department of Justice Tobacco Grant Program provides funding to local agencies to reduce youth access to tobacco products, strengthen compliance with state tobacco laws, and improve safety around tobacco retail locations. Through this program, the Fairfield Police Department’s Code Enforcement Unit has been tentatively awarded $795,408 to develop and implement a comprehensive tobacco licensing, education, and enforcement program.

At present, the City of Fairfield does not have a TRL ordinance. Without a TRL program, the city has limited ability to routinely monitor retailer compliance, prevent illegal sales to minors, or address criminal activity occurring in and around tobacco retail establishments. Implementing a TRL program through this grant will align Fairfield with statewide best practices and support longterm public health and safety goals.

Youth tobacco use data highlights a clear public health concern in Fairfield. According to the Fairfield Suisun Unified School District California Healthy Kids Survey (2022–23), self-reported tobacco and vape use within the past 30 days shows:
 12% of 7th graders
 26% of 9th graders
 36% of 11th graders
These numbers indicate increasing experimentation and use among older students. Statewide results from the 2023 California Youth Tobacco Survey show that 21.6% of high school students have used tobacco and 7.3% currently use tobacco, meaning Fairfield’s youth use rates are comparatively higher.

Compliance challenges are also evident. In April 2024, Solano County Public Health’s Tobacco Prevention and Education Program conducted compliance checks at 53 tobacco retailers in Fairfield. Of those, 14 retailers sold flavored tobacco products—primarily vape devices—to underage secret shoppers.

Beyond public health, tobacco retailers present notable public safety impacts. Between November 2022 and 2025:
 8,234 Part I crimes occurred on or within 1,000 feet of a tobacco retail store—an average of 121 incidents per location
 280,350 calls for service were recorded in the same area, an average of 1,374 calls per location over the three-year period
These concentrations suggest that tobacco retailers, particularly in high-density areas, contribute to increased service demands and crime activity. Fairfield currently has more than 73 tobacco retail stores, with 35 located on North Texas Street alone, demonstrating a saturation level that provides little community benefit.

The proposed grant-funded activities, including creation of a TRL ordinance, retailer education, compliance inspections, minor decoy operations, and enforcement measures—will allow the City to better regulate this industry, reduce unlawful sales, improve public health outcomes, and enhance safety in and around tobacco retail locations.

Approval of the resolution will allow the City to accept the grant funds and begin implementation of these important public health and public safety initiatives.

FINANCIAL IMPACT
With the acceptance of the grant, the Police Department will receive $795,408. The grant funding will cover overtime costs, administrative costs, and attorney costs for Police Department personnel participating in grant-related activities. A Special Programs Fund will be used for the grant (Fund 155, Division, Responsibility code 50199, and Project code 10625).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
City Council may choose not to accept the grant funding.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Jeremy Profitt, Police Support Manager
(707) 428-7709
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed MOU
Attachment 4: Tobacco Grant Award Letter

CITY OF FAIRFIELD
RESOLUTION NO. 2026-02

APPROVING ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT

PROGRAM GRANT AND APPROVAL OF ACTIVITIES TO REDUCE YOUTH ACCESS TO TOBACCO

PRODUCTS, SUPPORT STATEWIDE TOBACCO LAWS AND REDUCE CRIME IMPACTING OUR

COMMUNITY AROUND TOBACCO RETAILERS
WHEREAS, the City of Fairfield recognizes that reducing youth access to tobacco products and addressing crime occurring in and around tobacco retailers are critical quality-of-life priorities and matters of significant concern to Fairfield residents; and WHEREAS, the City of Fairfield currently does not have a Tobacco Retail License (TRL) ordinance, limiting the City’s ability to routinely monitor compliance, prevent illegal sales to minors, and respond effectively to criminal activity occurring in and around tobacco retail establishments; and
WHEREAS, the City of Fairfield is interested in participating in the Tobacco Law Enforcement Grant Program, which is made available through the California Healthcare Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) and administered by the State of California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the city; and
WHEREAS, following the City's submittal of proposal for the Program, the State of California DOJ offered to award $795,408 for the grant program beginning November 1, 2025, and ending June 30, 2029; and
WHEREAS, on November 25, 2025, the City submitted a Letter of Intent to Accept the Tobacco Grant Program Award; and
WHEREAS, the Tobacco Grant Program funding will support the development and implementation of a TRL ordinance, retailer education, routine compliance inspections, minor decoy operations, enforcement activities, and other public health and safety measures; and WHEREAS, the proposed program is consistent with statewide best practices and supports the City’s long-term goals of improving community health, reducing youth tobacco access, and enhancing public safety near tobacco retail locations.

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

Section 1. The city manager or designated representative is hereby authorized, on behalf of the city, to accept grant funding in the amount of $795,408 from the State of California DOJ.

RES. NO. 2026-02

Section 2. The city manager or designated representative is hereby authorized and directed, on behalf of the city, to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.

Section 3. The city manager or designee is hereby authorized and directed to establish allrequired accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this resolution.

Section 4. Grant funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

PASSED AND ADOPTED this 20
th day of January 2026, by the following vote:

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

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
Fairfield Police Department DOJ-PROP56-2025-26-1-013

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Fairfield Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2025-26 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2025), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

Fairfield Police Department DOJ-PROP56-2025-26-1-013

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/21/2025 – 6/30/2029
Award Amount
Category of Expenditure Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Budget
FY 2028-2029
Personnel Services $163,030 $163,030 $163,031 $
Operating Expenses and
Equipment $89,481 $89,481 $89,480 $
Administrative Costs (Not to
Exceed 5%) $12,625 $12,625 $12,625 $
TOTAL AWARD AMOUNT $795,408
The time limit for reimbursements against this award ends 6/30/2029. Requests for reimbursement received after 7/15/2029 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Jeremy Profitt, Police Support Manager
Fairfield Police Department
1000 Webster Street, Fairfield, CA 94533
707-428-7709
[email protected]

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to

Fairfield Police Department DOJ-PROP56-2025-26-1-013

[email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

GRANTEE AUTHORIZATIONS
___________________________________ ___________________ NAME: David Gassaway Date
Title: City Manager
Agency: City of Fairfield
___________________________________ ___________________ NAME: Jeremy Profitt Date
Title: Police Support Supervisor
Agency: Fairfield Police Department
___________________________________ ___________________ NAME: Susana Aguilera Date
Title: Administration Division Manager
Agency: Fairfield Police Department

DOJ AUTHORIZATIONS
______________________________ ___________________
DOJ GRANT MANAGER Date
Division of Operations
California Department of Justice
___________________________________ ___________________ DOJ FISCAL DIRECTOR Date
Division of Operations
California Department of Justice
__________________________________ ___________________
DOJ CHIEF OF OPERATIONS Date
Division of Operations
California Department of Justice

Rob Bonta
Attorney General

DIVISION OF OPERATIONS

OFFICE OF FISCAL SERVICES

GRANT SERVICES BRANCH

TOBACCO GRANT PROGRAM
P.O. Box 160187
Sacramento, CA 95816-0187
E-Mail Address: [email protected]
November 20, 2025
David Gassaway, City Manager
Fairfield Police Department
1000 Webster St.

Fairfield, CA 94533
Re: Tobacco Grant Award Notification Fiscal Year 2025-26 (RFP: DOJ-PROP56-2025-26-1) Dear: David Gassaway
Congratulations! On behalf of the California Department of Justice (DOJ), Tobacco Grant Program, I am pleased to inform you that your agency’s grant application for the fiscal year 2025-26 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $795,408 under Award # DOJ-PROP56-2025-26-1-013.

The Tobacco Grant Program award process is highly competitive, and for the 2025-26 grant cycle, the Department received approximately $50 million in requests. As noted in the application materials, grant funding prioritized support for local retailer enforcement including prosecution and task force collaboration. Consequently, some awards were approved with modifications to align with these funding priorities and because of limited funds. Attached is a Summary of the Award and Budget Detail outlining the funding provided along with any modifications applied.

To accept the 2025-26 grant award, please complete and return a signed copy of your Letter of Intent (see template and instructions attached) by email within 15 calendar days of the date of this letter. This letter will affirm one of the following:

1. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body)

2. Your agency has a governing body but does not require a resolution to accept the award, OR

3. No governing body exists and therefore no resolution is required.

Please email the signed Letter of Intent as noted above to [email protected] with the subject line including the name of your agency: “FY 25-26_Letter of Intent_Fairfield

November 20, 2025

Police Department.” Upon receipt of this information, DOJ will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Governing Body Resolution template, Grantee Handbook, etc.). These documents will contain more information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence on or after the date of this letter, depending upon your selected start date.

Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Sincerely,

JENNIFER IVERY JOHNSON
Manager, Grant Services Branch
For ROB BONTA
Attorney General
Attachments:

Letter of Intent
Summary of Award
Budget Detail

Agenda Item No: K.4

AGENDA REPORT
DATE: January 20, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-03 PW Agreement with Fairfield-Suisun Sewer District for Solano Bayshore Resiliency Project
Authorizing Execution of the Agreement Between the City of Fairfield and Fairfield-Suisun Sewer District for the Solano Bayshore Resiliency Project
Funding Source: N/A
Contact: Kayla Gacosta, (707) 428-7746

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City is an active partner in the Solano Bayshore Resiliency (SBR) Project. The SBR Project is a collaborative initiative between the Fairfield-Suisun Sewer District (District), Solano County, and the cities of Fairfield, Suisun City, Vallejo, and Benicia, to identify and implement regional adaptation strategies to enhance climate resiliency and protect Solano Bay shoreline communities from the growing threat of sea level rise.

A grant was awarded by the California Ocean Protection Council to the District, with allocations to each partner city, to support the SBR Project. The City desires execution of the agreement between the District and the City to authorize acceptance of payments from the District, funded by the City’s grant allocation, and continue partnership in the SBR Project.

DISCUSSION
The SBR Project is a multi-jurisdictional planning effort aimed to mitigate risks to infrastructure, natural resources, and communities caused by sea level rise and coastal flooding within Solano County. The SBR Project is facilitated by the Solano Bayshore Resiliency Roundtable, which includes the District, Solano County, and the cities of Fairfield, Suisun City, Vallejo, and Benicia.

Through collaboration between each jurisdiction, the SBR Project will assess vulnerable regions

and develop a multi-jurisdictional shoreline adaptation plan that will identify and prioritize actionable strategies to help build resilience to sea level rise.

The California Ocean Protection Council has awarded the District a grant to support the implementation of the SBR Project, with allocations to the cities of Fairfield, Suisun City, Vallejo, and Benicia in recognition of their partnership. The grant includes an allocation of $63,284.38 to the City of Fairfield which may be used to compensate costs spent on staff time and materials toward the SBR Project such as attending technical advisory meetings, collecting and sharing available data, and coordinating public outreach events. Grant funding will be available through 2027, aligning with the anticipated completion date of SBR Project.

As fiscal agent of the grant, the District requires formal authorization from the City to accept payments funded by the grant. By executing the agreement, the District agrees to provide monthly payments to the City not to exceed $63,284.38 for services conducted under the SBR Project. The recommended action is to adopt the resolution authorizing the city manager to execute the Agreement in order to accept the City’s grant allocation and continue partnership in the SBR Project.

FINANCIAL IMPACT
Execution of the Agreement will authorize a not to exceed contract for $63,284.38 to compensate staff time and materials spent under the SBR Project.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the City Council has any questions, they may choose to defer authorization until those questions or concerns are answered; however, this may result in delays in reimbursement for staff time on the SBR Project.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Kayla Gacosta, Assistant Engineer
(707) 428-7746
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

CITY OF FAIRFIELD
RESOLUTION NO. 2026-03

AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND

FAIRFIELD-SUISUN SEWER DISTRICT FOR THE SOLANO BAYSHORE RESILIENCY PROJECT WHEREAS, the Solano Bayshore Resiliency (SBR) Project is a multi-jurisdictional planning effort between the Fairfield-Suisun Sewer District (District), Solano County, and the cities of Fairfield, Suisun City, Vallejo, and Benicia aimed to mitigate risks caused by sea level rise and coastal flooding within the Solano County region; and
WHEREAS, the SBR Project involves vulnerability assessments, community engagement, and development of an adaptation plan that identifies actionable strategies to help jurisdictions enhance resiliency to sea level rise and protect vulnerable communities; and WHEREAS, the California Ocean Protection Council awarded a grant to the District, with allocation to each partner city, to support SBR Project activities; and WHEREAS, the grant allocates $63,284.38 to the City which may be used to compensate costs spent on staff time and activities conducted under the Project and grant management is conducted by the District; and
WHEREAS, execution of an agreement between the City and the District is required to formally authorize the City’s acceptance of payments from the District funded by the City’s allocation of the grant; and
WHEREAS, the City desires execution of the Agreement with the District to compensate City expenditures on the Project.

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

Section 1.The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield the agreement between the City and the District for services under the Solano Bayshore Resiliency Project in an amount not to exceed $63,284.38.

Section 2.The city manager or authorized designee is hereby authorized to do all things necessary to implement the above-mentioned agreement.

RES NO. 2026-03

PASSED AND ADOPTED this 20th day of January 2026, by the following vote:

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

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

(rev. 7/1/25) Page 1 of 15

CONTRACT FOR SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into as of _____________________, (“Effective Date”) between the FAIRFIELDSUISUN SEWER DISTRICT (“District”) and CITY OF FAIRFIELD (“Contractor”).

W I T N E S S E T H:

WHEREAS, the District desires to contract for Solano Bayshore Resiliency Project services funded under the Ocean Protection Council Grant Agreement No.

C0227116, which for the purposes of this Agreement shall be called “PROJECT,” and, WHEREAS, Contractor is willing and qualified to provide the services desired; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows:

I. DUTIES OF CONTRACTOR
A.Contractor shall provide services required for the PROJECT as described in the Scope of Work, attached to and incorporated into this Agreement as Exhibit “A”.

B.Contractor agrees that Contractor and all of Contractor’s employees and subcontractors hold, have obtained, and shall continue to maintain during the course of this Agreement, all licenses or other statutorily mandated certifications requisite to the performance of the PROJECT as may be required in the State of California, if any. Failure of Contractor, its employees and subcontractors to obtain and/or maintain in good standing such licenses or certification shall constitute a breach of this Agreement and shall provide grounds for immediate termination thereof.

C.Contractor shall perform the PROJECT work in such a manner as to fully comply with customary standards of care, including but not limited to professional quality, technical accuracy, timely completion, and the coordination of designs, drawings, specifications, reports, and other services furnished, work undertaken, and/or labor, materials, tolls, equipment, transportation services and other items provided by Contractor to complete the PROJECT pursuant to this Agreement.

D. The District’s approval of drawings, designs, specifications, reports, and incidental engineering work or other services or materials furnished by Contractor under this Agreement shall not relieve Contractor of responsibility for the technical adequacy of its work. Neither the District’s review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

(rev. 7/1/25) Page 2 of 15
E.Contractor shall not be relieved of any of the obligations or covenants contained in this Agreement until the tasks as set forth in Exhibit “A” have been completed.

It is agreed between Contractor and the District that those provisions of this Agreement which by their nature continue beyond expiration or earlier termination of the Agreement, including but not limited to Sections VIII, X(F), and X(G), shall continue beyond such expiration or termination.

F. As required under California Government Code Section 1096.7(c)(1), the Contractor’s duties and services under this agreement shall not include preparing or assisting the District with any portion of the District’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the District. The District shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the District to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

II. DUTIES OF DISTRICT
The District, without cost to Contractor, will provide pertinent information reasonably available to it, which is necessary for performance by Contractor under this Agreement, including previous reports and data relative to the PROJECT. The District does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. Contractor will use its professional judgment in the review and use of data so provided. However, Contractor will not be liable for any error or omission in any data furnished by the District and used by Contractor which could not reasonably be discovered by Contractor. To this extent Contractor is entitled to rely on data provided by the District.

III. COMPENSATION OF CONTRACTOR
A.Basis of Compensation: The District will pay Contractor for services provided under this Agreement on a time and material basis with a maximum fee not to exceed SIXTY-THREE THOUSAND TWO HUNDRED EIGHTY-FOUR
DOLLARS AND THIRTY-EIGHT CENTS ($63,284.38) in accordance with the Fee Schedule or Bid Schedule attached to and incorporated into this Agreement as Exhibit “A”. When compensation is determined using hourly rates of Contractor’s personnel and equipment assigned to the work, Contractor rates may be adjusted annually if proposed by Contractor and approved by the District.

Such rate adjustments shall not exceed five percent (5%) annually.

B.Change in Scope of Work: Adjustment in compensation for changes in scope of work authorized in writing by the General Manager of the District shall be based

(rev. 7/1/25) Page 3 of 15
on the Fee Schedule, Bid Schedule, firm prices quotations, and/or rates set forth and attached as Exhibit “A.” Changes in scope of work so authorized shall not exceed twenty percent of the total maximum fee. No payment shall be made for changes unless authorized in writing by the District.

C.Monthly Payment to Contractor: Upon submission of an invoice by Contractor, and upon approval of the District’s authorized representative, the District will pay Contractor monthly in arrears for fees and expenses incurred up to the maximum amount reflected in Exhibit “A”. The District will issue payment within thirty (30) calendar days after receipt of an invoice from Contractor, provided that all invoices are accompanied by cost documentation determined to be sufficient by the District to allow the determination of the reasonableness and accuracy of the invoice. If a payment dispute arises between the parties, Contractor shall provide to the District full and complete access to Contractor’s project labor cost records and other direct project related cost data, and copies thereof if requested by the District.

D.Notification at 75% of Maximum Fee: Contractor shall notify the District when the costs incurred for the PROJECT work total approximately seventy-five percent (75%) of the maximum fee. With the notification, Contractor shall indicate whether the sum of the current costs incurred plus the estimated total cost to complete the task or tasks set forth in the Scope of Work, Exhibit “A,” shall be greater or less than the maximum fee. Receipt by the District of said notification that the cost for completion of all tasks shall exceed the established maximum fee, will not constitute an approval or authorization to increase the established maximum fee or a waiver of any rights which the District may have under this Agreement.

E.Cost of Rework: Contractor shall, at no cost to the District, prepare any necessary rework occasioned by Contractor’s failure to provide services required for the PROJECT as described in Exhibit “A” in a satisfactory manner, due to any act or omission attributable to Contractor, or its agents, including subcontractors.

Nothing in this subsection is intended to limit the liability of Contractor for damages which might arise from Contractor’s negligence, willful misconduct, or breach of the covenants set forth in this Agreement.

F. Markup Allowances: Markup allowances apply only to services provided on a time and materials basis. Contractor may markup Subcontractor and Subconsultant costs by no more than 5%. Other Direct Costs (reproduction, delivery, mileage, travel expenses, other services) will be billed at cost. Any applicable markups for professional services overhead, including equipment and communication expenses, shall be included in labor hourly rates

(rev. 7/1/25) Page 4 of 15
IV. TERM OF AGREEMENT
A.The term of this Agreement shall begin on the Effective Date and end on the date when the tasks set forth in Exhibit A have been completed or the Agreement is otherwise terminated in accordance with Article VI.

B.Contractor agrees to immediately and diligently proceed with the Scope of Work and satisfactorily complete the PROJECT within the prescribed time as set forth in Exhibit A.

V. CONTRACTOR’S ASSIGNED PERSONNEL
Contractor designates Kayla Gacosta to act as Project Manager for the performance of the work and for all matters relating to performance under this Agreement.

Substitution of these assigned personnel will require the prior written approval of the District.

If the District determines that a proposed substitution is not acceptable, then, at the request of the District, Contractor shall substitute with a person acceptable to the District.

No subcontract shall be awarded, or an outside consultant engaged, by Contractor, unless Contractor has made written request to use such subcontractor or outside consultant and its request has been approved in writing by the District. No additional approval shall be required for subcontracting with or engagement of a subcontractor or outside consultant identified in Exhibit “A.” The written approval of the District resulting in the use of or engagement of a subcontractor or outside consultant does not relieve Contractor of the obligations or covenants set forth in this Agreement.

VI. TERMINATION
A.The District may terminate this Agreement at any time, with or without cause, upon 30 day’s written notice to Contractor.

B. The District may terminate this Agreement immediately upon notice of Contractor’s malfeasance. If the District terminates this Agreement pursuant to this subsection, nothing set forth in this Agreement is intended to require the District to compensate Contractor for any services which may be claimed to have been provided or be in progress if the District reasonably concludes that further compensation is unwarranted.

C.Upon receipt of a termination notice, or in the event that Contractor ceases performing services under this Agreement or otherwise abandons the PROJECT prior to completing all of the services described in the Scope of Work, Contractor

(rev. 7/1/25) Page 5 of 15
shall: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the District all data, information, and materials as Contractor may have prepared or developed in performing this Agreement, whether completed or in process, including, but not limited to, drawings, specifications, reports, estimates, summaries, software, and electronic files of all deliverables.

D.Following termination, the District will reimburse Contractor for all expenditures made in good faith that are unpaid at the time of termination not to exceed the maximum amount payable under this Agreement unless Contractor is in default of this Agreement.

E.Upon termination, Contractor’s sole right and remedy shall be to receive payment for all amounts due and not previously paid to Contractor for services completed or in progress in accordance with the Agreement prior to the date of receipt of notice of termination and for services thereafter completed at the request of the District and any other reasonable cost incidental to such termination of services.

Such payments available to Contractor under this subsection shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of the bargain.

VII. INDEMNITY
Contractor shall indemnify, hold harmless and defend, in any actions at law or in equity, the District, its officers, employees, agents, and elective and appointive boards, from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, including attorneys’ fees, to the extent arising from Contractor’s operations, or from any persons directly or indirectly employed by, or acting as agent for, Contractor, excepting the sole negligence or willful misconduct of the District.

Notwithstanding anything in this Agreement to the contrary, this indemnification shall extend to such claims, losses, damage, injury, death, or other liabilities occurring after the completion of Contractor’s operations, as well as during the progress of rendering such services.

Submission of insurance certificates or submission of other proof of compliance with the insurance requirements of this Agreement does not relieve Contractor from liability under this indemnification section. The obligations of this indemnification section shall apply whether or not such insurance policies have been determined to be applicable to any of such damages or claims for damages.

VIII. INSURANCE
Without limiting Contractor's obligation to indemnify the District, The policy shall remain in full force and effect for no less than 5 years following the completion of work under this Contract

(rev. 7/1/25) Page 6 of 15
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise out of or in connection with the performance of the work under this Agreement by Contractor, its agents, representatives, or employees.

A.MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, Workers’ Compensation and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District. No representation is made that the minimums shown above are sufficient to cover the indemnity or other obligations of the Contractor under this Agreement.

B.OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status. The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as

(rev. 7/1/25) Page 7 of 15
broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

2. Primary Coverage. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

3. Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.

4. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity

5. Waiver of Subrogation. Contractor hereby grants to the District a waiver of any right to subrogation which any insurer of Contractor may acquire against the District by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the District for all work performed by the Contractor, its employees, agents, and subcontractors.

6. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the District. The District may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the District. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) that exceeds $50,000 unless approved in writing by the District. Any and all SIRs shall be the sole

(rev. 7/1/25) Page 8 of 15
responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The District may deduct from any amounts otherwise due Contractor to fund the SIR.

Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR. The District reserves the right to obtain a copy of any policies and endorsements for verification.

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

8. Verification of Coverage. Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

The District may withhold payment to Contractor until Contractor provides complete insurance certificates and endorsements satisfactory to the District.

9. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that District is an additional insured on insurance required from subcontractors.

10.Duration of Coverage. CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

IX. DEFAULT
A.If Contractor defaults in Contractor’s performance, the District shall promptly notify Contractor in writing. If Contractor fails to cure a default within 30 days after notification, or if the default requires more than 30 days to cure and Contractor fails to commence to cure the default within 30 days after notification,

(rev. 7/1/25) Page 9 of 15
then the District may immediately terminate this Agreement at the District’s sole discretion.

B.If Contractor fails to cure default within the specified period of time, the District may elect to cure the default and any expense incurred shall be payable by Contractor to the District. The Agreement may be immediately terminated at the District’s sole discretion.

C.If this Agreement is terminated because of Contractor's default, the District shall be entitled to recover from Contractor all damages allowed by law.

X TERMS OF OPC GRANTS
A.INCORPORATION OF PRIME GRANT TERMS.

The Subrecipient acknowledges that this Agreement is funded under the State of California Grant Agreement No. C0227116 between the Fairfield-Suisun Sewer District (“District”) and the California Natural Resources Agency/Ocean Protection Council (the “State Agreement”). The Subrecipient agrees to comply with all applicable terms, conditions, and requirements of the State Agreement, which are incorporated herein by reference as though fully set forth.

B.INDEMNIFICATION
The Subrecipient shall indemnify, defend, and hold harmless the Fairfield-Suisun Sewer District (“District”), the State of California, and their respective officers, agents, and employees (collectively, “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) to the extent arising out of or resulting from the acts, errors, or omissions, or willful misconduct of the Subrecipient, its officers, employees, agents, contractors, or assigns, in connection with the performance of this Agreement or any activity funded under it.

The Subrecipient’s indemnification obligations shall apply to the same extent as those required of the District under the State Agreement, and shall include, without limitation, any claim, demand, or cause of action for personal injury, property damage, or violation of law arising out of or related to the Subrecipient’s performance of this Agreement.

This obligation shall not extend to claims or liabilities caused by the sole negligence or willful misconduct of the District, the State, or their officers, agents, or employees.

C.REPAYMENT AND DISALLOWANCE
The Subrecipient shall be responsible for any disallowances, questioned costs, or other items, including interest, not allowed under the State Agreement or by

(rev. 7/1/25) Page 10 of 15
subsequent action of the State. The Subrecipient shall return to the District any funds disallowed, including any interest or penalties assessed, within thirty days of notification from the District to return such funds. The District may offset such amounts against any unpaid balance due to the Subrecipient.

D.CEQA AND REGULATORY COMPLIANCE
The Subrecipient shall be solely responsible for ensuring compliance with the California Environmental Quality Act (CEQA) and all other applicable environmental and permitting requirements for its activities. Any delay or failure to obtain necessary approvals shall not relieve the Subrecipient of its obligations under this Agreement or entitle it to additional compensation.

E.AUDIT AND RECORDS
The Subrecipient shall maintain financial records, invoices, and supporting documentation in accordance with generally accepted accounting principles for a minimum of five (5) years after final payment or project completion, whichever is later. Such records shall be made available for inspection and audit by the District, the State of California, or their designees upon request. Failure to retain or produce documentation shall render the associated cost ineligible for reimbursement.

F.INSURANCE
The Subrecipient shall, at its own expense, obtain and maintain throughout the entire term of this Subaward, the insurance set forth in Attachment, Section O, attached hereto, and shall name the District and the State of California as additional insureds. Certificates of insurance shall be provided prior to commencement of work.

G. SUBAWARD TERMINATION
The District may terminate this Agreement immediately upon written notice if the Subrecipient materially breaches this Agreement, fails to meet performance standards, or engages in conduct that places the District in violation of the State Grant Agreement. In such event, the Subrecipient shall be liable for repayment to the District of all grant funds disbursed under this Agreement.

H.FLOW-DOWN REQUIREMENT
The Subrecipient shall include these provisions in all sub contracts or agreements entered into for the performance of work under this Agreement.

(rev. 7/1/25) Page 11 of 15

XI MISCELLANEOUS TERMS AND CONDITIONS
A. ASSIGNMENT
Contractor shall not assign any rights or duties under this Agreement to a third party without the prior written consent of the District.

B.INDEPENDENT CONTRACTOR

1. Contractor is an independent contractor and not an agent, officer or employee of the District. The parties mutually understand that this Agreement is between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association.

2. Contractor shall have no claim against the District for employee rights or benefits including, but not limited to, seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental or hospital benefits, retirement benefits, Social Security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, disability retirement benefits, paid holidays or other paid leaves of absence.

3. Contractor is solely obligated to pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Workers' Compensation and Medicare payments.

4. Contractor shall indemnify and hold the District harmless from any liability which the District may incur because of Contractor's failure to pay such obligations nor shall the District be responsible for any employer-related costs not otherwise agreed to in advance between the District and Contractor.

5. As an independent contractor, Contractor is not subject to the direction and control of the District except as to the final result contracted for under this Agreement. the District may not require Contractor to change Contractor’s manner of doing business, but may require redirection of efforts to fulfill this Agreement.

6. Contractor may provide services to others during the same period Contractor provides service to the District under this Agreement.

7. Any third persons employed by Contractor shall be under Contractor's exclusive direction, supervision and control. Contractor shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharging or any other condition of employment.

8. As an independent contractor, Contractor shall indemnify and hold the District harmless from any claims that may be made against the District based on any contention by a third party that an employer-employee relationship exists under this Agreement.

(rev. 7/1/25) Page 12 of 15

9. Contractor, with full knowledge and understanding of the foregoing, freely, knowingly, willingly and voluntarily waives the right to assert any claim to any right or benefit or term or condition of employment insofar as they may be related to or arise from compensation paid under this Agreement.

C.PROPRIETARY MATERIAL
The District does not authorize the impermissible use of any patent or the impermissible reproduction of any copyrighted material by Contractor in the performance of this Agreement. Contractor is solely responsible for any such use.

D.WAIVER
Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, under this Agreement or any of its provisions.

E.NONDISCRIMINATION

1. In rendering services under this Agreement, Contractor shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion, sexual orientation, or other protected status.

2. Further, Contractor shall not discriminate against its employees, which includes, but is not limited to, employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

F.OWNERSHIP AND CONFIDENTIALITY OF DOCUMENTS
The District shall be the owner of and shall be entitled to possession of all rights, title, royalties and interest to and in all work product of Contractor resulting from its performance under this Agreement, including, but not limited to, drawings, specifications, data, reports, estimates, software, summaries, electronic files of all deliverables, and any other such information and materials as may be prepared or developed by Contractor in performing work under this Agreement, whether complete or in progress and none shall be revealed, disseminated, or made available by Contractor to others without prior consent of the District. If this Agreement is terminated in accordance with Section VI, Contractor shall deliver such documents within two weeks of receipt of a termination notice.

It is understood that Contractor’s work product is prepared for this specific Project. Any use of such work product by the District for a different project without Contractor’s written approval shall be at the District’s risk. Any use by

(rev. 7/1/25) Page 13 of 15
District of an incomplete work product without Contractor’s written approval shall be at District’s risk.
“Confidential Information” as used in this Agreement shall mean (a) information concerning the District’s business, property or technology, is confidential in nature and not generally known to the public, and is disclosed by the District to Contractor in connection with the PROJECT; and (b) any information received from the District that may be made known to Contractor to treat as confidential or proprietary, including information designated as “Confidential” (or with some other similar legend) or identified as confidential at the time of disclosure or is of a nature that should be considered confidential based on the circumstances surrounding the disclosure.

Contractor shall not disclose any Confidential Information of the District to any third party (other than to its employees and representatives as provided for in this Agreement), and shall only use Confidential Information of the District in connection with the PROJECT. Contractor will treat all Confidential Information with the same degree of care as it accords its own confidential information, but in no case less than reasonable care. Contractor will disclose Confidential Information only to those of its employees and representatives who need to know such information and who are bound by confidentiality obligations that are similar to those which protect the Confidential Information.

Contractor’s obligations under this section shall not apply to Confidential Information that is (a) in the public domain or known in the trade at or subsequent to the time communicated to Contractor by the District through no fault of Contractor; (b) rightfully in Contractor’s possession free of any obligation of confidentiality at or subsequent to the time communicated to Contractor by the District; (c) received from a third party who rightfully disclosed it to Contractor without restriction on its subsequent disclosure; (d) developed by employees or agents of Contractor independently of and without reference to any Confidential Information communicated to Contractor by District or approved for release in writing by the District. In addition, any disclosure of any portion of Confidential Information either (i) in response to a valid order by a court or other governmental body, or (ii) otherwise required by law, shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that, to the extent legally permissible and reasonably possible, Contractor shall provide prompt prior written notice thereof to District to enable District (at its sole expense) to seek a protective order or otherwise prevent such disclosure.

This section will remain in full force and effect until such time the Confidential Information is no longer considered by the District to be confidential. Upon the District’s written request, Recipient shall, at its sole election, return or destroy all Confidential Information received under this Agreement. Notwithstanding the foregoing, nothing shall require the alteration, modification, deletion or destruction of back-up tapes or other back-up media made in the ordinary course

(rev. 7/1/25) Page 14 of 15
of business, provided that said backup tapes or other back-up media shall be stored in a manner that prevents unauthorized access or use of Confidential Information.

G. EXAMINATION OF RECORDS
Contractor agrees that the District will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all transactions relating to this Agreement at any time after the inception of the Agreement upon reasonable notice.

H.SCOPE OF AGREEMENT
This writing constitutes the entire Agreement between the parties relative to Contractor’s services on the PROJECT, and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Agreement.

I. NOTICES
All notices from one party to the other shall be in writing and delivered or mailed to such party at its designated address as follows, or sent via facsimile transmission to such telephone number indicated as follows. Such notices shall be deemed to have been made: (1) when hand delivered; (2) as indicated by certified mail receipt; (3) five days after mailing by first class mail; or (4) as indicated on facsimile transmission receipt, if facsimile transmission is followed by prompt certified or first class mailing or hand delivery.

DISTRICT: Fairfield-Suisun Sewer District
1010 Chadbourne Road
Fairfield, CA 94534-9700
Phone (707) 429-8930
Fax (707) 429-1280
CONSULTANT: City of Fairfield
Kayla Gacosta
1000 Webster Street
Fairfield, CA 94533
Phone (707) 428-7746
J. APPLICABLE LAWS
Contractor shall perform this Agreement in accordance with all applicable federal, state, and local laws and regulations. This Agreement shall be construed in accordance with California law. Venue concerning any dispute shall be in Solano County.

(rev. 7/1/25) Page 15 of 15
Contractor and any subcontractors shall comply with the provisions of Labor Code Sections 1770 et seq., if applicable.

K.EXECUTION IN COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument, it being understood that all parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission (e.g., by e-mail delivery of a ".pdf" format data file), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or electronic signature page were an original signature.

IN WITNESS the parties have executed this Agreement on the day first above-written.

FAIRFIELD-SUISUN SEWER DISTRICT:

Signature
Printed Name
Title
CITY OF FAIRFIELD:

Signature
Printed Name
Title

State of California
The Natural Resources Agency – GRANT AGREEMENT
GRANTEE NAME: Fairfield-Suisun Sewer District
PROJECT TITLE: Solano Bayshore Resiliency Project
AUTHORITY: Budget Act of 2022
PROGRAM: Ocean Protection Council
AGREEMENT NUMBER: C0227116
PROJECT COMPLETION DATE: September 30, 2027
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Natural Resources Agency pursuant to the Budget Act of 2022, agrees to fund the project up to the total state grant amount indicated.

PROJECT DESCRIPTION: See project description on Page 1 and Exhibit A of the Agreement Total State Grant not to exceed $1,391,713.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.

FAIRFIELD-SUISUN SEWER DISTRICT STATE OF CALIFORNIA

THE NATURAL RESOURCES AGENCY
By By
Jordan Damerel
Title General Manager
Jenn Eckerle
Title Deputy Secretary for Ocean and Coastal Policy
Date Date

CERTIFICATION OF FUNDING

AMOUNT OF ESTIMATE

FUNDING

AGREEMENT NUMBER FUND
$1,391,713.00 C0227116 3228 – SB1 Greenhouse Gas Reduction Fund ADJ. INCREASING

ENCUMBRANCE
$
ADJ. DECREASING

ENCUMBRANCE

FUNCTION
$ Local Assistance

UNENCUMBERED

BALANCE
Ref Number Fund Enactment
Year (ENY)
Account
Number
Alt Account
$1,391,713.00 601 3228 2022 5432000 5432000000
Program PCBU Project Activity RPTG
Structure
SVC Loc Agency Use Budget Period
0320 0540 0540C0227116 22701 05403001 22701 N/A 2025
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance __________________________________________________

SIGNATURE OF ACCOUNTING OFFICER
__________________________
DATE
Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802 10/13/2025 10/30/2025
11/4/2025

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

GRANT AGREEMENT
State of California - The Natural Resources Agency
GRANTEE NAME: Fairfield-Suisun Sewer District
PROJECT TITLE: Solano Bayshore Resiliency Project
AUTHORITY: Budget Act of 2022, Greenhouse Gas Reduction Fund PROGRAM: Ocean Protection Council
AGREEMENT NUMBER: C0227116
Under the terms and conditions of this agreement, the applicant agrees to complete the Project Scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Natural Resources Agency pursuant to the Budget Act of 2022, agrees to fund the project up to the total state grant amount indicated.

PROJECT DESCRIPTION
A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A.

Grant Funds are to be used to provide local assistance for implementation of Chapter 236 of the Statutes of 2021 (SB 1) for the purposes of supporting local and regional governments, and for directly related investments to implement those plans, in accordance with the provisions contained in the Ocean Protection Council (OPC) Senate Bill 1 (SB 1) Grant Program Solicitation and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. All materials produced with grant funds shall include acknowledgement of grant funding. The Ocean Protection Council shall have the right to republish any material generated by this grant, unless otherwise specified.

2. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the SB 1 Grant Program Solicitation and Application (Application Guidelines). Size, location and number of signs shall be determined by the State.

Required signage must be in place before Grant Funds for construction will be released.

3. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, droughtresistant vegetation will be used in the Project. Approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity.

4. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee in developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.

5. As conditions precedent to the State’s obligation to make any construction funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA. Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. In such instances, CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State.

6. If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate public or private entity to accept the right, title and interest in the real property in lieu of the State.

7. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate land tenure and evidence that the project will be operated and maintained for a minimum of twenty (20) years satisfactory to the State for all land to be improved under this Agreement, unless otherwise specified in writing by the Executive Director.

General Provisions
A. Definitions

1. The term "Act" means Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006.

2. The term “Agreement” means this Grant Agreement.

3. The term “Application” means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award.

4. The term “Application Guidelines” means the SB 1 Grant Program Solicitation and Application.

5. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

6. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

7. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

8. The term "Grantee" means an applicant who has a signed agreement for Grant Funds.

9. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

10. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement.

11. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.

12. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement.

13. The term “Project Scope” means the description or activity for work to be accomplished by the Project.

14. The term “Public Agency” means any State of California department or agency, a county, city, public district or public agency formed under California law.

15. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.

3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

event of circumstances beyond the control of the Grantee, but in no event beyond March 31, 2029.

4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA.

Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the SB 1 Grant Program and is consistent with the intent cited in the original Application.

If a grantee's project is disapproved on grounds related to the Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Resource Agency for all State-reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access by the State upon 24 hours’ notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion.

8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA.

9. For projects involving construction or implementation, Grantee shall provide for public access to the Project in accordance with the intent of the Act.

Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

10. For projects involving construction or implementation, Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

11. For projects involving construction or implementation, Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State.

12. Grantee shall provide status reports of the work performed pursuant this agreement at the request of the State.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project. b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and as applicable, the satisfactory completion of a site inspection by the State.
c. Invoices must be submitted on a quarterly basis. If quarters are lumped into larger invoices, OPC reserves the right to reject the invoices until the Grantee resubmits quarterly invoices.

If all or any part of the project to be funded under this agreement will be performed by third parties under contract with the grantee, then the Grantee should, prior to executing an agreement for services, seek the approval of the Executive Director or his/her designee on the selection of the third party. The Grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to project commencement.

2. Payment Documentation:
a. All payment requests must be submitted using a completed Request for Disbursement Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, lineitem description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. An authorized representative of the Grantee shall sign the form.

Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

b. In connection with submission of each form, the Grantee shall also submit, unless the Executive Director makes a specific exemption, the following:

1. An itemized ledger, in a form approved by an authorized representative, detailing all direct expenditures incurred by the grantee and any subgrantee.

2. Receipts, travel expense vouchers and claim forms for travel expenses incurred by the Grantee and any subgrantee. The State will reimburse the Grantee for expenses necessary to the project when documented by appropriate receipts. The State will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations (“CCR”), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the Grantee. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. The State will reimburse the Grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors.

3. Receipts or any other source documents for direct expenditures for any purchase of equipment or materials by the Grantee and any subgrantee.

4. A supporting progress report from the grantee summarizing the work that was completed during the invoice period and the current status of the work for which disbursement is sought, including work by any subgrantee, and comparing it to the status required by the Work Program (budget, timeline, tasks, etc.).
c. The Grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, may relieve the State of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies.
d. Notwithstanding the foregoing, the Executive Director may request, and the Grantee shall provide, receipts or other source documents for any other direct expenditure or cost as described in the ledger, as and when necessary to resolve any substantial issue concerning reimbursement. e. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected.

Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

3. Grant Funds in this award have a limited period in which they must be expended.

Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.

4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State.

However, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased.

Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.

D. Project Administration

1. Grantee shall promptly submit written Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final Request for Disbursement and required closing documents.

2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.

3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction.

4. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than April 20, 2029.

5. Final payment is contingent upon State verification that Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments.

6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.

7. Grantee must report to the State all sources of other funds for the Project.

E. Project Termination

1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project

any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State.

2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, includes developing sea level rise adaptation plans, and for directly related investments to implement those plans, because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.

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Solano Bayshore Resiliency Project

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including Development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Audit Requirements and Financial Records

1. OPC projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Grantee shall maintain satisfactory financial accounts, documents, records, and supporting documentation consistent with the policies outlined in this Agreement and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, records, and supporting documentation for three (3) years after final payment and one (1) year following an audit on site. OPC shall maintain all grant records for 35 years at the State Records Center and in perpetuity if funds are granted for acquisition of real property, in accordance with all applicable protocols as updated and required by the State Treasurer’s Office.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto.

Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable generally accepted accounting principles, unless otherwise agreed to by the State.

4. If Grantee stated in the Application for funding and/or Work Plan that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in-kind funds on a regular basis and will make the documentation available to the State upon request.

H. Use of Facilities

1. If the project involves real property, the property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

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provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.

2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of 20 YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. An alternate period may be considered and subject to approval by the Executive Director. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.

3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.

4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.

5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation.

Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

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Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party.

M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Project Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Project Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

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Director of OPC. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought.

Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Director shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore.

Should the Grantee disagree with the Deputy Director’s decision, the Grantee may appeal to the Executive Director of the OPC.

2. The Grantee must submit a letter of appeal to the Executive Director explaining why the Deputy Director’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Director. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Director’s written decision. The Executive Director or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Executive Director or designee shall be final.

O. Insurance
Throughout the term of this agreement, for the life of any asset funded by the grant monies awarded pursuant to this agreement, or for any period of project implementation after the termination date of this agreement, the Grantee shall maintain self-insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or contractors associated with the project undertaken pursuant to this Agreement.

If the Grantee provides funds to any contractor to accomplish any of the work of this Agreement or provides funds to any subgrantee to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each subgrantee or contractor requiring it to provide and maintain liability and property-damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the subgrantee or contractor, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the subgrantee or contractor may satisfy the coverage required by this section in whole or in part through: (a) its participation in a “risk management” plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the completion date of the work undertaken by the subgrantee or contractor under the approved Work Program.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office (“ISO”) Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement.

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b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).
c. Workers’ Compensation insurance as required by the Labor Code of the State of California.

2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
a. General
Liability:
(Including operations,
products and
completed operations,
as applicable)
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to the activities under this agreement or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile
Liability:
$1,000,000 per accident for bodily injury and property
damage.

3. Use of Watercraft. If the subgrantee or contractor is to engage in project work involving the use of watercraft, it shall provide and maintain insurance covering injury to person or property in connection with the use of watercraft, which may include, as appropriate, an endorsement to a Commercial General Liability policy covering non-owned watercraft liability or Protection and Indemnity Insurance or Jones Act coverage. Coverage shall be in a reasonable amount in light of the nature of the activity and shall be documented and approved by the Executive Director.

4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director.

5. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by certified mail, return receipt requested, has been given to the OPC. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions:
a. The State of California, its officers, agents, and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations.
b. For any claims related to this agreement, the Grantee’s insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees.

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c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

6. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the OPC and approved in writing by the Executive Director.

7. Verification of Coverage. The Grantee shall furnish the Executive Director with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Director before work commences. The OPC reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.

8. Premiums and Assessments. The OPC is not responsible for premiums and assessments on any insurance policy.

9. Indemnity. The grantee shall agree to indemnify and hold harmless the State of California, acting by and through the OPC, and any employee or agent thereof harmless from any liability, loss or damage that may be suffered as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, including, but not limited to, the use by Grantee of results obtained from the activities performed under this agreement; provided, however, that any such liability, loss or damage resulting from this agreement was not caused by the gross negligence or malfeasance of the OPC, its employees or agents.

Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

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CNRA OPC WP 001 Page 1 of 12
State of California Natural Resources Agency
Ocean Protection Council
Grantee Name: Fairfield-Suisun Sewer District
Project Title: Solano Bayshore Resiliency Project
Agreement Number C0227116
Term of Agreement: Upon Approval Through September 30, 2027 Project Summary:

The Solano Bayshore Resiliency Project (Project) is a collaborative, multi-jurisdictional adaptation planning effort facilitated through the Solano Resiliency Roundtable. Aligned with the Bay Conservation and Development Commission's (BCDC) Regional Shoreline Adaptation Plan (RSAP), this project includes:
• Task 1 – Project Planning, Management, and Coordination; • Task 2 – Community Outreach and Engagement;
• Task 3 – Sea Level Rise Vulnerability Assessment; and • Task 4 – Development of a Multi-jurisdictional Regional Shoreline Action Plan for unincorporated Solano County and the cities of Vallejo, Fairfield, Suisun City, and Benicia.

Building on previous studies, the Project will ultimately include evaluation of the feasibility of nature-based, green, and hybrid adaptation solutions, and aligning with BCDC RSAP Guidelines. Focus areas include vulnerable regions within the project area and the Suisun Marsh, the largest remaining wetland in the San Francisco Bay Area, accounting for over 10% of California's remaining wetlands.

The project will guide place-based community planning and critical infrastructure investment decisions while prioritizing equitable engagement with historically underrepresented communities across the project area for fair and inclusive outcomes.

This effort directly advances the Ocean Protection Council’s (OPC) Strategic Plan objectives, specifically:

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• Objective 1.1: Build resiliency to sea-level rise, coastal storms, erosion, and flooding by informing adaptation planning with localized vulnerability assessments and prioritized solutions.
• Objective 1.3: Improve understanding of climate impacts on California’s coast and ocean through data gathering, hazard mapping, and regional knowledgesharing. • Objective 2.2: Enhance engagement with underserved communities via inclusive outreach, community workgroups, and youth engagement strategies. • Objective 3.1: Protect and restore coastal and marine ecosystems by evaluating the feasibility of nature-based and hybrid infrastructure to increase ecosystem resilience.

Objective:

Through development of a science-based vulnerability assessment and a multijurisdictional shoreline action plan (MSAP), the project aims to identify and prioritize adaptation strategies that protect people, critical services, and natural resources from the accelerating threats of sea level rise and coastal flooding. By coordination across jurisdictions (Solano County and the cities of Vallejo, Fairfield, Suisun City, and Benicia), this project enhances regional capacity to plan proactively, share resources, and respond collectively to climate-driven shoreline hazards.

This effort aims to serve as a model for inclusive governance and integrated planning that centers historically underserved communities. The project will meet RSAP's Equity Assessment Standard through comprehensive community engagement, ensuring meaningful consultation and incorporation of the needs and perspectives of vulnerable, historically underrepresented communities in all aspects of sea level rise adaptation planning. The project will support climate resilience through meaningful community engagement, regional knowledge-sharing, and the co-creation of locally relevant solutions. By aligning with the BCDC’s RSAP and SB 272, this work directly advances statewide goals for climate adaptation while addressing localized flood risks, infrastructure vulnerabilities, and environmental justice priorities along the Solano Bayshore.

Project Tasks and Deliverables:

Task 1: Project Planning, Management, and Coordination
Description: Task 1 involves coordinating activities of the project team, managing resources, and ensuring that the project progresses smoothly and on schedule. This task includes regular reporting, ongoing project management meetings, Technical Advisory Committee (TAC) meetings, and BCDC consultation throughout the program period.

Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

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Subtasks:

1.1 Design / Launch Solano County Sea Level Rise / Climate Resilience Initiative Progress toward RSAP Element A: Planning Process
Approach Outcomes/ Deliverables
Coordination meetings with the Project Team, TAC,
BCDC, and Technical Consultants to establish project
goals, timelines, and expectations. The Project Team,
including FSSD, the County, engagement partner, and
technical consultants, meet every two weeks to discuss
project progress.

The TAC meets every six to eight weeks to discuss
project milestones.

Meeting notes and project
roadmap
Launch Regional Resiliency Website & portal to access
data set and knowledge products
Website and data-sharing
portal

1.2 Roundtable and TAC Participation & Coordination
Progress toward RSAP Element A: Planning Process
Approach Outcomes/ Deliverables
Attendance and active participation in bi-monthly
Roundtable meetings to provide technical oversight and
ensure consistent progress
Meeting notes, technical
recommendations
Launch Regional Resiliency Website & portal to access
data set and knowledge products
Website and data-sharing
portal

1.3 Grant Management and Reporting
Progress toward RSAP Element A: Planning Process
Approach Outcomes/ Deliverables
Prepare quarterly reports detailing milestones and
deliverables completed
Quarterly reports, milestone
achievement documentation
Continuous coordination and contracting with
subcontractors, scheduling and facilitating regular TAC meetings to track progress
Periodic reports, invoices,
project status updates
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The Project Team, including FSSD, the County,
engagement partner, and technical consultants, meet
every two weeks to discuss project progress
The TAC meets every six to eight weeks to discuss
project milestones
Communication with BCDC and OPC regarding project
updates.

As part of the TAC, BCDC will be updated every six to
eight weeks on key milestones such as the Vulnerability Assessment
Ad hoc meetings with BCDC and OPC will be
scheduled as needed/requested.

BCDC and OPC
communication at key
project milestones

Task 2: Community Outreach and Engagement
Description: This task involves designing and implementing a comprehensive community engagement strategy to ensure broad and equitable community involvement, particularly among Disadvantaged Communities and marginalized groups.

This includes website development, social media campaigns, and organizing community meetings.

Subtasks:

2.1 Conduct Social Media Campaign
Progress toward RSAP Element A: Planning Process
Meets the Equity Assessment Standard
Approach Outcomes/ Deliverables
Lead a two-year social media campaign to engage the
public through Instagram, Facebook, and Nextdoor,
using Greenbelt Alliance as the community partner,
with targeted outreach to historically underrepresented communities and content in multiple languages as
appropriate
Ongoing social media
campaign

2.2 Host Quarterly Community Meetings
Progress toward RSAP Element A: Planning Process
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Approach Outcomes/ Deliverables
Host meetings in rotating locations across the project
area (Vallejo, Suisun City, Benicia, Fairfield) offering multiple opportunities for public input
Proposed topics include:
• Review asset exposure and identify potential
cascading impacts
• Brainstorm and refine adaptation strategies
• Finalize adaptation strategies and discuss
potential Nature-Based Solutions (NBS) sites
Meeting summaries, feedback
forms, and attendance records

2.3 Develop Community Engagement Plan
Progress toward RSAP Elements A: Planning Process, B: Existing Conditions Meets the Equity Assessment Standard
Approach Outcomes/ Deliverables
Identify and engage communities at risk through
targeted outreach, focusing on those
disproportionately affected by sea level rise,
particularly near-shore low-income communities.

Develop an engagement plan grounded in
vulnerability maps and demographic data
Community Engagement Plan,
risk maps, engagement
strategies
Consider impact of policy changes, particularly on
vulnerable communities
Create accessible materials—
reports, executive summaries,
infographics—that convey the
plan’s key findings and
recommendations to diverse
audiences.

2.4 Convening Community Workgroups
Progress toward RSAP Elements A: Planning Process, D: Adaptation Strategies and Pathways
Meets the Equity Assessment Standard
Approach Outcomes/ Deliverables
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Establish Community Workgroups in Disadvantaged
Communities for direct input and decision-making
Workgroup formation, reports,
meeting notes

2.5 Engage Youth through a Science Program*
Progress toward RSAP Element A: Engaging community members and local effected parties
Approach Outcomes/ Deliverables
Involve middle and high school students in science
programs related to sea level rise and climate
adaptation, led by Solano Resource Conservation
District and Sustainable Solano
Completion of youth
programming, Youth
engagement reports, program
curriculum
*NOTE: This work (Subtask 2.5) is being funded through an existing agreement with the Governor’s Office of Planning and Research. No OPC funding is used for this subtask.

Task 3: Sea Level Rise Vulnerability Assessment and Data/Information Gathering Description: Task 3 will assess the vulnerabilities of the Solano Bayshore area to sea level rise, including gathering data and conducting hazard mapping. The goal is to create a comprehensive vulnerability assessment and data set to inform adaptation strategies.

Subtasks:

3.1 Define Vulnerability Assessment Goals
Progress toward RSAP Element A: Planning Process
Approach Outcomes/ Deliverables
Collaboratively define the assessment objectives
through TAC meetings, community consultations, and
youth programming
Vulnerability assessment
goals and documentation

3.2 Identify and Collect Data
Progress toward RSAP Elements B: Existing Conditions, C: Vulnerability Assessment Approach Outcomes/ Deliverables
Conduct a gap analysis to identify missing data and
complete the data set, integrating Solano County into
Vulnerability assessment
goals and documentation
Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

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broader sea level rise and groundwater condition
mapping
Review existing assessments, studies, and plans
related to SLR and climate resilience in the project
area
Incorporate review into
vulnerability assessment
report
Perform hazard mapping to assess asset exposure
and create vulnerability maps for people, assets, and
services in the project area
Data collection reports,
updated vulnerability maps.

3.3 Conduct Hazard Mapping and Asset Exposure Assessment Progress toward RSAP Element C: Vulnerability Assessment Approach Outcomes/ Deliverables
Perform hazard mapping to assess asset exposure
and create vulnerability maps for people, assets, and
services in the project area
Hazard maps, exposure
assessment reports
Prepare a draft and final vulnerability assessment,
addressing key sectors and vulnerability criteria
outlined in the RSAP Guidelines
Vulnerability assessment
reports, maps, and data sets

Task 4: Multi-jurisdictional Regional Shoreline Adaptation Plan Subtasks:

4.1 Define Adaptation Plan Goals and Prioritization Criteria Progress toward RSAP Element D: Adaptation Strategies and Pathways Approach Outcomes/ Deliverables
Define the regional vision and action plan goals
working with the TAC, Roundtable, and community
groups
Adaptation plan goals,
prioritization criteria
Prepare a draft and final vulnerability assessment,
addressing key sectors and vulnerability criteria
outlined in the RSAP Guidelines
Vulnerability assessment
reports, maps, and data sets

4.2 Identify Adaptation Pathways and Strategies
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Progress toward RSAP Element D: Adaptation Strategies and Pathways Approach Outcomes/ Deliverables
Identify a range of adaptation strategies, including
green, green-gray, and gray infrastructure
alternatives, tailored to different shoreline reaches
List of adaptation pathways,
strategy options
Integrate vulnerability findings into strategy
development to ensure adaptation approaches directly
address identified risks
Updated vulnerability
assessment with integrated
adaptation strategies and riskstrategy alignment maps

4.3 Prioritize Adaptation Solutions
Progress toward RSAP Elements D: Adaptation Strategies and Pathways, G: Project List
Approach Outcomes/ Deliverables
Using a community-driven framework, prioritize at
least six place-based adaptation solutions for
implementation
Finalized list of prioritized
solutions
Apply vulnerability assessment findings to inform
solution prioritization and update assessment with
selected priorities
Updated vulnerability
assessment with prioritization
analysis and implementation
maps

4.4 Develop Project Concept Designs
Progress toward RSAP Elements F: Project Implementation Plan and Funding Strategy, G: Project List
Approach Outcomes/ Deliverables
Develop 5% design concepts for six prioritized
adaptation projects, including implementation plans
5% design concepts, project
cost estimates
Refine vulnerability assessment with project-specific
risk analysis to support detailed design development
Updated vulnerability
assessment incorporating
project-level analysis and
design-informed risk maps

4.5 Implementation Plan and Funding Strategy
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Progress toward RSAP Element F: Project Implementation Plan and Funding Strategy Approach Outcomes/ Deliverables
Develop an implementation plan with funding
strategies and a monitoring program for long-term
adaptation
Implementation plan, funding
strategy, monitoring program,
website updates

4.6 Completion of Draft Multijurisdictional Shoreline Adaptation Plan, Preparation for Council Adoption
Develop Summary of Policy Changes Necessary
Progress toward RSAP Element E: Land Use and Policy Plan Approach Outcomes/ Deliverables
Completion of full MSAP for all jurisdictions, pulling
together Elements A-G, comments, and revisions as
necessary
Draft and final MSAP for all
jurisdictions
Council adoption for each jurisdiction is expected in
the fourth quarter of 2027
Adoption timelines, council
resolution drafts, jurisdictional
coordination documentation

Accessibility:

All public-facing products will be produced in accordance with California Department of Rehabilitation guidelines as per https://dor.ca.gov/Home/WebAccessibilityToolkit.

Project Timeline:

Outcomes/Deliverables as outlined above will be submitted to OPC at the end of the task timeline. See the project timeline in the GANNT chart below.

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CNRA OPC WP 001 Page 10 of 12
Year 1 - 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task 1
Task 2 EP
Task 3
Task 4
Year 2 - 2026
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task 1
Task 2
Task 3 DFT

VA FNL VA
Task 4
Year 3 - 2027
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task 1
Task 2
Task 3
Task 4 DFT
SLR
FNL
SLR

EP = Engagement Plan (Subtask 2.3)
DFT VA = Draft Vulnerability Assessment (Subtask 3.1 – 3.3) FNL VA = Final Vulnerability Assessment (Subtask 3.1 – 3.3) DFT SLR = Draft Sea Level Rise Multijurisdictional Shoreline Adaption Plan (Subtask 4.6) FNL SLR = Final Sea Level Rise Multijurisdictional Shoreline Adaptation Plan (Subtask 4.6) Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project
CNRA OPC WP 001 Page 11 of 12
Budget:

Task 1 Task 2 Task 3 Task 4 Total
Personnel $83,540 $86,140 $203,930 $278,930 $652,540
Subaward(s) $0 $217,900 $119,043 $402,230 $739,173
Task Total $83,540 $304,040 $322,973 $681,160 $1,391,713 Agreement Total: $1,391,713
Personnel Breakdown:

Title Maximum Hourly
Rate (Fully Burdened)
Director of Environmental Services, FSSD $275.00
Senior Planner, County $240.00
County GIS 1 $215.00
County GIS 2 $255.00
County GIS 3 $300.00
City Allocations:

City staff allocations for their partnership in this multi-jurisdictional plan are made in consideration of three metrics (with an equal division to each metric): Miles of shoreline, city population, and population below 3 feet. These allocations are reflected as direct subawards, not personnel (which applies only to FSSD and Solano County staff as direct grantees).

Metric
City Miles of
Shoreline Population
Population
below 3 feet
(According to
Climate Central)
Allocation
# of hours
(at $250
fully loaded
rate)
Suisun City 2.32 28,840 2257 $131,592.70 526
Fairfield 1.92 120,339 27 $63,284.38 253
Vallejo 18.29 121,558 262 $142,659.20 571
Benicia 9.82 26,033 213 $62,463.72 250
Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

C0227116
Fairfield-Suisun Sewer District
Solano Bayshore Resiliency Project
CNRA OPC WP 001 Page 12 of 12
Agreement Contacts:

Grantee: Fairfield-Suisun Sewer District
Contact Name: Meg Herston
Contact Number: 925-978-6358 (Cell/Text)
Contact Address: 1010 Chadbourne Road
Fairfield CA 94534
Contact Email: [email protected]
California Natural Resources Ocean Protection Council
Contact Name: Ella McDougall
Contact Number: (916) 653-5656
Contact Address: 715 P Street, 20th Floor
Sacramento, CA 95814
Contact Email: [email protected]
Docusign Envelope ID: 69930DD7-4EF4-47B3-83E6-7D9F85B36802

Agenda Item No: K.5

AGENDA REPORT
DATE: January 20, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-04 PW Amendment No. 1 to Land Acquisition for Train Station Specific Plan Planning Area 1 Development
Authorizing Execution of the First Amendment to Agreement Pursuant to Government Code Section 66462.5 for Acquisition of Street A and Peabody Road Rights-of-Way related to portions of Train Station Specific Plan Planning Area 1 Development (Aviatrix Project) Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Aviatrix Development, proposed by Republic Fairfield, LLC (Developer), within Planning Area 1 of the Train Station Specific Plan requires off-site roadway improvements along Peabody Road and a future public road referred to as Street A. These public roadway improvements cannot be constructed without temporary access to adjacent property owned by James A. Ewing, Trustee of the Velma J. Ewing Trust (Ewing Trust). Staff recommend the City Council approve the First Amendment to the Government Code Section 66462.5 Agreement (Agreement) to include the acquisition of a temporary construction easement necessary to complete these improvements.

DISCUSSION
On January 11, 2023, the Planning Commission of the City of Fairfield approved the entitlement for the Master Planned Unit Development – Planning Area 1 through Resolution No. PC 2023-01.

Subsequently, on March 27, 2024, the Planning Commission approved the Aviatrix development with the adoption of Resolution No. PC 2024-01.

On September 16, 2025, the council adopted Resolution No. 2025-190, which approved the Agreement to facilitate acquisition of property interests required to construct Street A and

portions of Peabody Road adjacent to the Aviatrix Development frontage. Since execution of the original agreement, final engineering has identified the need for a Temporary Construction Easement (TCE) from the Ewing Trust parcel to allow grading, construction, and restoration activities associated with roadway improvements. This first amendment expands the scope of the Agreement to expressly include the TCE.

The TCE will be limited in duration and purpose, and the property will be restored upon completion of construction, consistent with City standards and the terms of the first amendment.

Pursuant to Government Code Section 66462.5, approval of the first amendment authorizes the City to assist in the acquisition of the TCE necessary to construct the public roadway improvements required by the approved project.

FINANCIAL IMPACT
All costs associated with the acquisition of TCE will be fully funded by the Developer. These costs include and are not limited to real estate consultant services, legal fees, appraisals, negotiations, city staff time, and related ancillary expenses.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to approve the first amendment to the Agreement at this time and direct staff to return with additional information or modifications for further consideration. This action may result in delays to the Developer’s ability to construct the required public roadway improvements.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director and City Engineer (707) 428-7017
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed First Amendment to Agreement
Attachment 4: Updated Exhibit A – Plan to Accompany Legal Description Attachment 5: Original Exhibit A – Plan to Accompany Legal Description

CITY OF FAIRFIELD
RESOLUTION NO. 2026-04

AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 FOR ACQUISITION OF STREET A AND PEABODY ROAD RIGHTS-OF-WAY RELATED TO PORTIONS OF TRAIN STATION SPECIFIC PLAN PLANNING AREA 1

DEVELOPMENT (AVIATRIX PROJECT)
WHEREAS, the Planning Commission of the City of Fairfield reviewed and approved the entitlements for both the “Master Planned Unit Development – Planning Area 1” and the “Aviatrix” development with adoption of Resolutions No. PC2023-01 and No. PC2024-01, respectively; and
WHEREAS, the developer, Republic Urban Properties (Developer), is required to construct certain off-site public roadways commonly referred to as Street A and Peabody Road as a condition of the Aviatrix development; and
WHEREAS, on September 16, 2025,the City Council approved Resolution No. 2025-190 approving an agreement pursuant to Government Code Section 66462.5 with the developer to facilitate acquisition of property interests necessary to construct the required off-site public improvements (Agreement) and authorizing the mayor to execute the Agreement; and WHEREAS, final engineering has identified the need to acquire a temporary construction easement from property owned by James A. Ewing, Trustee of the Velma J. Ewing Trust (Assessor’s Parcel Number 0166-110-410) to facilitate the construction of the required off-site public roadway improvements; and
WHEREAS, pursuant to the Agreement, the developer is responsible for reimbursing the City for all costs incurred in connection with acquisition of the real property interests needed to construct the off-site public improvements; and
WHEREAS, the First Amendment to the Agreement expands the scope of the Agreement to include the proposed acquisition of the temporary construction easement within the scope of the real property interests needed to construct the off-site improvements; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The council hereby approves that certain First Amendment to Agreement entitled “First Amendment to Agreement Pursuant to Government Code Section 66462.5 Between Republic Fairfield LLC and City of Fairfield for Acquisition of Certain Real Property Interests (Aviatrix Development Public Street Infrastructure – Street A and Peabody Road)” and the mayor is hereby authorized to execute said First Amendment.

RES NO. 2026-04

Section 2. The public works director is authorized and directed to do all things necessary and proper to implement the above-referenced First Amendment and the Agreement.

PASSED AND ADOPTED this 20th day of January 2026, 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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FIRST AMENDMENT TO AGREEMENT PURSUANT TO
GOVERNMENT CODE SECTION 66462.5 BETWEEN REPUBLIC

FAIRFIELD LLC AND CITY OF FAIRFIELD FOR ACQUISITION OF

CERTAIN REAL PROPERTY INTERESTS (AVIATRIX DEVELOPMENT
PUBLIC STREET INFRASTRUCTURE − STREET A AND PEABODY
ROAD)
This FIRST AMENDMENT TO AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN REPUBLIC FAIRFIELD LLC AND CITY OF

FAIRFIELD FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS (AVIATRIX DEVELOPMENT PUBLIC STREET INFRASTRUCTURE − STREET A AND PEABODY ROAD) (First Amendment) is entered into between REPUBLIC FAIRFIELD LLC (referred to herein as Developer), on the one hand, and the CITY OF FAIRFIELD, a municipal corporation (referred to herein as City), on the other hand. This First Amendment is effective on the date it is fully executed (Effective Date). Developer and City are sometimes referred to below collectively as Parties. In consideration for the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. RECITALS. This First Amendment is made with respect to the following facts and for the purposes set forth below, which the Parties acknowledge are true and correct.

A.1. The City and Developer entered into that certain AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN REPUBLIC

FAIRFIELD LLC AND CITY OF FAIRFIELD FOR ACQUISITION OF CERTAIN REAL

PROPERTY INTERESTS (AVIATRIX DEVELOPMENT PUBLIC STREET
INFRASTRUCTURE − STREET A AND PEABODY ROAD) (Agreement) with an effective date of September 25, 2025 regarding the proposed acquisition of certain real property interests in connection with the construction of certain infrastructure and off-site improvements in connection with Developer’s development of the Modified Developer Project (as defined in Recital C of the Agreement). Recital D.1. and Recital D.2. of the Agreement described in detail the applicable street, drainage, public utility and public infrastructure improvements relating to Peabody Road and Street A, which are defined in Recital D.3. of the Agreement and are referred to in the Agreement and below as the “Subject Off-site Improvements”.

B.1. Recital D.4. of the Agreement described the fee areas and permanent easements needed to construct the Subject Off-site Improvements. The Agreement, however, did not include the description of the temporary construction easement needed to facilitate the construction of the Subject Off-site improvements. Accordingly, the City and Developer determined it is necessary to enter into this First Amendment to amend the Agreement to incorporate in the Agreement information regarding the temporary construction easement needed to facilitate the construction of the Subject Off-site Improvements.

C.1. The Parties desire to enter into this First Amendment in accordance with the Agreement to incorporate the information regarding the temporary construction easement needed to facilitate the construction of the Subject Off-site Improvements, to replace the Exhibits attached to the Agreement that consisted of unsigned draft legal descriptions and depictions of the real

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property interests needed for the Subject Off-site Improvements with the final executed legal descriptions and depictions, to add new Exhibits of the legal description and depiction of the temporary construction easement needed to facilitate the construction of the Subject Off-site Improvements, and to update the numbering sequence to the Subsections to Section 7 of the Agreement.

D.1. The Parties hereby agree to amend Recital D.4. of the Agreement to incorporate the information regarding the temporary construction easement needed to facilitate the construction of the Subject Off-site Improvements.

E.1. The Parties also agree to replace EXHIBIT A, EXHIBIT B, EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, EXHIBIT B-2, EXHIBIT A-3, and EXHIBIT B-3 to the Agreement, which consisted of unsigned legal descriptions and depictions, with the attached final executed legal descriptions and depictions set forth at EXHIBIT A, EXHIBIT B, EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, EXHIBIT B-2, EXHIBIT A-3 and EXHIBIT B-3 and to add a new EXHIBIT A-4 and EXHIBIT B-4 that describes and depicts the temporary construction easement described in the amended Recital D.4. below.

F.1. The Parties agree to amend Section 7 of the Agreement to correct the numbering sequence in the Subsections as shown below.

G.1. In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as set forth below.

2. AMENDMENT TO RECITAL D.4. OF THE AGREEMENT. Recital D.4. of the Agreement is hereby amended to read as follows:

4. The Developer owns the real property identified as APN 0166-110-120 and attempted to purchase certain real property interests on portions of the real property identified as APN 0166-110-390 from “5055 Peabody, L.L.C.” for public use, namely Street A improvements, and attempted to purchase certain real property interests on portions of the real property identified as APN 0166-110-410 from James A. Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010 for public use, namely for Street A improvements and Peabody Road improvements. Satisfaction of the requirements for the above-described public infrastructure improvements involves acquisition and use of real property that is owned by either James A. Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010 or 5055 Peabody, L.L.C. the real property interests that are needed to satisfy the conditions of the Off-site Improvements set forth above in Recital D.1. and Recital D.2. (referred to below as “Off-site Property”). The Off-site Property consists of (i) an approximate 14,546 square foot permanent easement for public service and public utility purposes on APN 0166-110-390 more particularly described on EXHIBIT A and depicted on EXHIBIT B in connection with public street and related improvements required for Street A improvements; (ii) an approximate

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33,270 square foot permanent easement on APN 0166-110-410 more particularly described on EXHIBIT A-1 and depicted on EXHIBIT B-1 in connection with the public street and related improvements required for the Street A improvements; (iii) an approximate 18,941 square foot area in fee from APN 0166-110-410 more particularly described on EXHIBIT A-2 and depicted on EXHIBIT B-2 for proposed public street and related improvements in connection with Peabody Road; (iv) an approximate 29,989 square foot area in fee from APN 0166-110-410 more particularly described on EXHIBIT A-3 and depicted on EXHIBIT B-3 for proposed public street and related improvements in connection with Peabody Road; and (v) an approximate 14,780 square foot temporary construction easement with a term of thirty-six (36) months on APN 0166-110-410 more particularly described on EXHIBIT A-4 and depicted on EXHIBIT B-4 to facilitate the construction of the public street and related improvements required for the Street A improvements and Peabody Road improvements.

EXHIBIT A, EXHIBIT B, EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, EXHIBIT B-2, EXHIBIT A-3, EXHIBIT B-3, EXHIBIT A-4 and EXHIBIT B-4 are attached hereto and incorporated herein by this reference. The OffSite Property is required for public street purposes, including public access purposes, sidewalk, public utility, drainage, public service easement purposes, traffic signal purposes, and all uses necessary or convenient thereto. The City maintains the discretion to review and approve any conveyance documents that grant to the City the Off-site Property interests prior to recordation of such documents.

3. REPLACEMENT OF EXHIBITS TO AGREEMENT AND ADDITION OF NEW EXHIBITS TO AGREEMENT. EXHIBIT A, EXHIBIT B, EXHIBIT A-1, EXHIBIT B1, EXHIBIT A-2, EXHIBIT B-2, EXHIBIT A-3, and EXHIBIT B-3 to the Agreement, which consisted of unsigned legal descriptions and depictions of the Off-site Property are replaced with the attached final executed legal descriptions set forth at EXHIBIT A, EXHIBIT B, EXHIBIT A1, EXHIBIT B-1, EXHIBIT A-2, EXHIBIT B-2, EXHIBIT A-3 and EXHIBIT B-3 and a new EXHIBIT A-4 and EXHIBIT B-4, which are all attached hereto and incorporated herein by this reference.

4. AMENDMENT TO SECTION 7. (MISCELLANEOUS) TO UPDATE
NUMBER SEQUENCING OF SUBSECTIONS. Section 7. (Miscellaneous) of the Agreement is amended as follows:

7. Miscellaneous.
a. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The

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Parties will address such notices as provided below or as may be amended by written notice:

City: CITY OF FAIRFIELD
Attention: City Manager
1000 Webster Street
Fairfield, California 94533
Copy to: RICHARDS, WATSON & GERSHON
44 Montgomery Street #3800
San Francisco, California 94104
Attention: David Lim, City Attorney
E-mail: [email protected]
Developer: REPUBLIC FAIRFIELD LLC
c/o Republic Urban Properties LLC
1098 Lincoln Avenue, Suite 200
San Jose, California 95125
Attention: Michael R. Van Every
Email: [email protected]
Copy to: GLAZER | HONIGMAN | ELLICK
5301 Wisconsin Avenue, NW, Suite 740
Washington, DC 20015
Attention: Jocelyn B. Redman
E-mail: [email protected]
b. Further Cooperation. Each party to this Agreement
agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere, or prohibit, or make more onerous or difficult the performance of the other party hereto under this Agreement.
c. Amendments. Any amendments to this Agreement
will be effective only by a writing executed by the Parties to this Agreement.
d. Governing Law. This Agreement is deemed to have
been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under

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the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
e. Entire Agreement. This Agreement contains the
entire agreement between the City and Developer regarding the subject matter of this Agreement.
f. Successors and Assigns. This Agreement will be
binding upon and inure to the benefit of the heirs, executors, administrators, successors, successors-in-interest, and assigns of the Parties hereto.
g. Counterparts, Facsimile and Electronic Signatures.

This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. h. Legal Representation. Each of the Parties
acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel. The Parties further acknowledge that, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement. i. Attorneys’ Fees. If either of the Parties hereto incurs attorneys’ fees in order to enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys’ fees from the other party. j. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.

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k. No Agency or Joint Venture. The terms and
provisions of this Agreement will not cause the Parties hereto or any of each Parties’ agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement.
l. Time of Essence. Time is expressly made of the
essence of each and every provision of this Agreement.
m. Remedies. No remedy or election hereunder will be
deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity.
n. Venue. Venue for any action arising directly or
indirectly under this Agreement will be in the Superior Court of Sonoma County, California.

5. NO OTHER MODIFICATIONS. Except as amended by this First Amendment, the terms and provisions of the Agreement shall remain unmodified and continue in full force and effect. Any references to “Agreement” in the Agreement or any document delivered in connection therewith shall be deemed to mean the Agreement as amended by this First Amendment. [SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below.

Developer

REPUBLIC FAIRFIELD LLC,
a Delaware limited liability company
Date:

By:

Michael R. Van Every
Manager
DEVELOPER’S SIGNATURES MUST BE

NOTARIZED
City
CITY OF FAIRFIELD, a municipal
corporation
Date:

By:____________________________
Catherine Moy, Mayor
Attest:

Karen L. Rees, City Clerk
Approved as to form:

David Lim, City Attorney

-8-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared Michael R. Van Every, Manager of Republic Fairfield LLC, a Delaware limited liability company, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

EXHIBIT A
LEGAL DESCRIPTION OF APPROXIMATE 14,546 SQUARE FOOT

PERMANENT SERVICE AND PUBLIC UTILITY EASEMENT
(APN 0166-110-390 − 5055 Peabody, L.L.C. − Street A Improvements)

EXHIBIT B
DEPICTION OF APPROXIMATE 14,546 SQUARE FOOT

PERMANENT SERVICE AND PUBLIC UTILITY EASEMENT
(APN 0166-110-390 − 5055 Peabody, L.L.C. − Street A Improvements)

EXHIBIT A-1
LEGAL DESCRIPTION OF APPROXIMATE 33,270 SQUARE FOOT

PERMANENT EASEMENT
(APN 0166-110-410 − James A. Ewing Trustee− Street A Improvements)

EXHIBIT B-1
DEPICTION OF APPROXIMATE 33,270 SQUARE FOOT PERMANENT EASEMENT (APN 0166-110-410 − James A. Ewing, Trustee − Street A Improvements)

EXHIBIT A-2
LEGAL DESCRIPTION OF APPROXIMATE 18,941 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee – Peabody Road Improvements)

EXHIBIT B-2
DEPICTION OF APPROXIMATE 18,941 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee – Peabody Road Improvements)

EXHIBIT A-3
LEGAL DESCRIPTION OF APPROXIMATE 29,989 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee – Peabody Road Improvements)

EXHIBIT B-3
DEPICTION OF APPROXIMATE 29,989 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee – Peabody Road Improvements)

EXHIBIT A-4
LEGAL DESCRIPTION OF APPROXIMATE 14,780 SQUARE FOOT
TEMPORARY CONSTRUCTION EASEMENT (APN 0166-110-410)
(James A. Ewing, Trustee – A Street and Peabody Road Improvements)

December 4, 2025

EXHIBIT A

G:\Job2021\211039\Survey\CAD Files\Plats\TCE (Ewing)\DescripƟon\EXHIBIT A - TCE.docx Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 1 as shown on the Parcel Map recorded in Book 43 of Parcel Maps at Page 20, Official Records of Solano County and being more particularly described as follows:

Commencing at the southwest corner of said Parcel 1; thence northerly along the west line of Parcel 1, North 00°13’21” East 590.49 feet to the Point of Beginning; thence continuing along said west line of Parcel 1, North 00°13’21” East 10.00 feet; thence along the north line of Parcel 1, South 89°47’55” East 564.80 feet to the beginning of a curve to the right; thence 15.71 feet along the arc of said curve, having a radius of 10.00 feet and through a central angle of 90°00' 00"; thence in a southerly directly along the east line of Parcel 1, South 00°12’05” West 592.52 feet; thence along the south line of Parcel 1, North 89°35’46” West 10.00 feet; thence crossing through Parcel 1 for the following six (6) courses:
1) North 00°12'05" East 250.48 feet;
2) North 89°47'55" East 46.00 feet;
3) South 00°12'05" West 68.00 feet;
4) North 89°47'55" West 46.00 feet;
5) North 00°12'05" East 274.00 feet;
6) North 89°47'55" West 564.80 feet to the Point of Beginning.

Containing 14,780 square feet of land area, more or less.

December 4, 2025

EXHIBIT A

G:\Job2021\211039\Survey\CAD Files\Plats\TCE (Ewing)\DescripƟon\EXHIBIT A - TCE.docx See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof.

END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:
_______________________ __________________
Scott A. Shortlidge Date

EXHIBIT A-4
DEPICTION OF APPROXIMATE 14,780 SQUARE FOOT
TEMPORARY CONSTRUCTION EASEMENT (APN 0166-110-410)
(James A. Ewing, Trustee – A Street and Peabody Road Improvements)

December 4, 2025

EXHIBIT A

G:\Job2021\211039\Survey\CAD Files\Plats\TCE (Ewing)\DescripƟon\EXHIBIT A - TCE.docx Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 1 as shown on the Parcel Map recorded in Book 43 of Parcel Maps at Page 20, Official Records of Solano County and being more particularly described as follows:

Commencing at the southwest corner of said Parcel 1; thence northerly along the west line of Parcel 1, North 00°13’21” East 590.49 feet to the Point of Beginning; thence continuing along said west line of Parcel 1, North 00°13’21” East 10.00 feet; thence along the north line of Parcel 1, South 89°47’55” East 564.80 feet to the beginning of a curve to the right; thence 15.71 feet along the arc of said curve, having a radius of 10.00 feet and through a central angle of 90°00' 00"; thence in a southerly directly along the east line of Parcel 1, South 00°12’05” West 592.52 feet; thence along the south line of Parcel 1, North 89°35’46” West 10.00 feet; thence crossing through Parcel 1 for the following six (6) courses:
1) North 00°12'05" East 250.48 feet;
2) North 89°47'55" East 46.00 feet;
3) South 00°12'05" West 68.00 feet;
4) North 89°47'55" West 46.00 feet;
5) North 00°12'05" East 274.00 feet;
6) North 89°47'55" West 564.80 feet to the Point of Beginning.

Containing 14,780 square feet of land area, more or less.

December 4, 2025

EXHIBIT A

G:\Job2021\211039\Survey\CAD Files\Plats\TCE (Ewing)\DescripƟon\EXHIBIT A - TCE.docx See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof.

END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:
_______________________ __________________
Scott A. Shortlidge Date

Agenda Item No: K.6

AGENDA REPORT
DATE: January 20, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Ordinance 2025-13 PW Repeal and Replace Chapter 22 of the Fairfield Municipal Code
Repeal and Replace Chapter 22 of the Fairfield Municipal Code in its Entirety Funding Source: N/A
Contact: Michael J. Hether, (707) 428-7485

RECOMMENDED ACTION
Waive full reading, provide second reading by title only, and adopt Ordinance 2025-13.

STATEMENT OF ISSUE
The proposed ordinance repeals and replaces Chapter 22 of the Fairfield Municipal Code (Municipal Code) in its entirety to update and modernize Chapter 22 of the Municipal Code.

DISCUSSION
The Municipal Code was first published in 1960. Specifically, chapter 22 of the Municipal Code has been updated and revised over the years through various ordinances to reflect changes in laws, regulations, and operational practices required for the effective management of water utility in a changing environment.

The proposed update to the Municipal Code seeks to modernize the chapter in a cohesive and comprehensive manner. While much of the code remains intact, there are a number of changes which not only update the language of the chapter but also modify the organization of the chapter itself. Given the scope of these changes, the City Attorney’s Office has recommended repealing and replacing the entire chapter 22. This creates a clean and updated version of the chapter and aligns with standard practices that other cities have enacted when significant modifications occur to a municipal code chapter.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The public hearing and introduction of Ordinance 2025-13 was held on December 16, 2025. Staff published notices of public hearing in the Daily Republic newspaper on December 3, 2025, and December 7, 2025.

ALTERNATIVE ACTION
The City Council may choose to do any of the following: either approve the proposed and updated ordinance, as recommended; or deny the proposed and updated ordinance. Rejecting the proposed ordinance would maintain the current chapter 22 of the Municipal Code.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Michael J. Hether, Assistant Public Works Director - Utilities (707) 428-7485
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance
Attachment 3: Exhibit A – Updated City of Fairfield Municipal Code Chapter 22

CITY OF FAIRFIELD
ORDINANCE NO. 2025-13
REPEAL AND REPLACE CHAPTER 22 OF THE FAIRFIELD MUNICIPAL CODE IN ITS

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

SECTION 1. Chapter 22 of the Fairfield Municipal Code is hereby repealed and replaced in its entirety to read as designated in “Exhibit A” of this Ordinance.

SECTION 2. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 16 th
day of December 2025, and
PASSED AND ADOPTED this 20th day of January 2026, by the following vote:

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

CITY CLERK

EXHIBIT A
CHAPTER 22.

WATER
Article I. In General.

22.1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter.

Applicant. The property owner or his, her, or its authorized agent applying for water service, water service connection, or water main extension.

Chief of police. The chief officer of the police department.

City. The City of Fairfield, a municipal corporation, and its duly authorized representatives.

Code enforcement officer. A non-peace-officer of the police department to enforce local ordinances as authorized by the Chief of Police.

Commercial office. The business office of the department of finance, located in the city hall.

Construction water permit. Permit required of anyone using water for construction purposes prior to installation of permanent meter.

Consumer. A person or entity receiving water service or other services from the Fairfield municipal utilities.

Costs. Actual cost of materials and labor, plus a percentage factor for equipment rental and overhead.

Cross-Connection Control Policy Handbook. The City of Fairfield Cross-Connection Control Policy Handbook, which provides regulations, policies, and procedures, that is prepared, maintained, and updated from time to time by the FMU director and adopted by the city council to prevent contamination of the public water supply from cross-connections and backflow events, prepared in conformance with the State Water Resources Control Board Cross- Connection Control Policy Handbook.

Customer. A person or entity of record receiving water service or other services from the Fairfield municipal utilities.

Demand. The rate of draft of water for specified time; the total quantity of water delivered or received for a specified time.

Delinquent Account. A customer water service account which has an unpaid balance after the due date of bill payment.

EXHIBIT A
Director of Finance. The chief officer of the finance department.

Fairfield municipal utilities. The water division of the public works department of the City. Also known as FMU.

Fire chief. The chief officer of the fire department.

FMU director. The Public Works Director or their designee is charged with the responsibility of administering, directing, and representing FMU, as described in more detail in Section 22.3.

FMU regulations. The Fairfield Municipal Utility Regulations, which provides regulations, policies, and procedures, that is prepared, maintained, and updated from time to time by the FMU director and adopted by the city council to implement the rules and regulations in this code and to govern the operation of the FMU.

Main extension. Extension of distribution pipe lines, exclusive of service connections, beyond existing facilities.

Mains. The transmission or distribution pipelines of the water system.

Peace Officer. An sworn law-enforcement officer of the police department.

Premises. That separate identifiable and transferable lot or parcel of real property, including the improvements thereon except that portion thereof having well defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, for the purpose of this chapter shall be considered separate premises.

Public works director: The chief officer of the department of public works charged with the responsibility of planning, organizing, directing, and reviewing the activities and operations of the public works department including engineering, building, transportation, operations, and FMU, or his/her designee acting within the scope of assigned duties.

Services. The delivering or receiving of water; a water service connection including but not limited to domestic, fire, or irrigation; and act of duty performed by .

Water service. The delivery or receipt of water; a water service connection.

Water service connection. The connection between the water meter and the main, including service pipes, meters and appurtenances through which water delivery is made.

Water system. The entire physical plant thereof, and the distribution system of FMU.

22.2 Purpose of chapter; rates and charges adopted as condition to obtaining water.

This chapter governs the use of all water furnished by the City and shall apply to all users thereof.

Rules as set forth herein are adopted to govern the general operation of the FMU to provide an

EXHIBIT A
efficient and economical water supply while protecting public health and safety. The objectives of this chapter are as follows:
(a) Prevent a public hazard, public nuisance, or other condition detrimental to the public health, welfare and safety, or detrimental to the environment, from developing from or in connection with the distribution and use of water.
(b) Prevent the introduction of contaminants into the City’s water system. (c) Maintain conformance to regulatory requirements regarding water use. (d) Provide for fees and charges that equitably distribute the cost of operation, maintenance, and improvement of the FMU water system to those who benefit.

The city council has the authority to adopt by resolution those FMU regulations which will further the purpose of this chapter, and which do not conflict with the provisions herein.

Rates, fees and charges as set forth herein or in the FMU regulations are adopted as conditions to obtaining water and other services from FMU.

22.3 FMU director responsibility.

The FMU director is responsible for enforcing the provisions of this chapter. Enforcement and penalties of section 22.13 may be used to secure compliance with this chapter. The FMU director shall prepare, maintain, and update the FMU regulations from time to time to implement the provisions of this Chapter.

In addition, the FMU director shall prepare, maintain, and update a cross-connection control plan in conformance with the State Water Resources Control Board Cross-Connection Control Policy Handbook, as may be updated from time to time. The FMU director shall implement and enforce a cross-connection control program in accordance with the FMU cross-connection control plan.

22.4 Conditions of service.

Every person taking water shall be considered as having expressed their consent to be bound by this chapter and the FMU regulations adopted pursuant to section 22.2 of this chapter.

By accepting water service from FMU, customers are deemed to have accepted all conditions of water quality, pressure, and flow. FMU will exercise reasonable diligence and care to deliver to customers a continuous and sufficient supply of water at the meter. FMU shall not be liable for interruptions in supply or variations in water quality or pressure, or any loss or damage occasioned thereby. To the extent practical, FMU shall undertake to give advance notice of such interruptions or variations. FMU reserves the right at any time to shut off delivery for the purpose of protecting public health and the environment, and maintaining, repairing, altering, or changing the size of its facilities. FMU shall not be liable for any loss or damage occasioned by such suspension of service.

During times of threatened or actual water shortage, FMU will apportion its available supply among its customers in the manner that appears most equitable under the circumstances then prevailing with regard to public health and safety.

EXHIBIT A

22.5 Ownership and operation of mains, water meters, and service lines.

FMU retains the ownership of the water system, including water mains, connecting service lines, up to and including the discharge side of the water meters or point of connection for private water systems. The customer owns, operates, and maintains all water piping and appurtenances starting on the discharge side of the water meter, including backflow prevention assembly, pressure-regulating valve, and shut-off valve. For services to fire sprinkler systems, FMU owns water piping from the point of connection of the fire service at the water main, downstream of the isolation valve, to the first fitting immediately upstream of the double check detector assembly.

Operation and inspection of all water system facilities, up to and including the water meter shall be under the management and control of FMU. No persons except authorized employees, agents, or contractors of FMU shall have the right to enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the water system facilities.

22.6 Tampering or obstruction of water system prohibited.

No person shall tamper, or place upon or about, any water system valve box, manhole, blowoff, air relief valve, water meter, meter box or vault, or any distribution or delivery facilities or appurtenances, any object, materials, debris, landscaping, planting, or structure of any kind so as to prevent the FMU free access to said items, facilities, or appurtenances at all times.

22.7 Right of entry to customer’s premises.

The City is the sole owner of the water facilities, and of equipment, supplies, warranties, rights-ofway, encroachment permits, and licenses that are acquired therefor. FMU or its duly authorized agents shall have unrestricted access to all city-owned water facilities owned and operated by the city on customer’s premises.

Customer facilities are as described in Article VIII of this chapter. FMU or its duly authorized agents shall at all reasonable times have the right to enter or leave customer’s premises to observe customer facilities to which water service is supplied to see that the rules and regulations of this Chapter and the FMU regulations are followed in the taking and use of water. FMU may enter premises to observe waste of water, conduct hazard assessments, or conduct backflow assembly or cross-connection testing.

22.8 Notice required for removal or displacement of water facilities for construction or street work.

All persons engaged in construction or street work shall give at least ten days’ written notice to FMU for operation, removal, or displacement of water system facilities that may interfere or conflict with street work. Any damage resulting to such facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacing of water facilities shall be paid by the person engaged in such work, except where provisions of city encroachment permits or contracts state otherwise.

EXHIBIT A

22.9 Point of delivery-responsibility for handling and loss.

FMU is responsible for handling and transmission of water up to the discharge side of the water meter or point of connection of a fire service line to the water main. Each customer shall bear the risk of loss, and shall be responsible for the carriage, control, handling, storage, distribution and use of all water furnished by FMU from and beyond the point of delivery.

Customer shall be responsible for the following:
(a) Any interruption of service or damage caused by customer-owned spigots, valves or other equipment or fixtures that are open when water is turned on, pressure relief valves, whether when water is turned on originally or when turned on after a temporary shutoff. (b) Connection of the customer's service line to the meter. The customer shall furnish, install and maintain at their own risk and expense that portion of the water system which begins at the outlet side of the meter. Such water receiving equipment shall remain the property of the customer and they shall be responsible for its maintenance and repair. FMU shall have the right to require the customer to adjust, replace or discontinue using any water receiving or regulating equipment on his side of the meter which disturbs or inconveniences other customers. (c) Where reduced or increased pressure is desired by the customer, the customer shall be responsible for installing and maintaining the necessary regulators, backflow devices and relief valves per cross connection control policy handbook. In such cases, the equipment shall be installed on the customer's side of the meter at the customer’s expense. (d) Any loss or damage caused by the negligence, want of proper care, or wrongful act of the customer or any of their tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with any water receiving equipment.

Furthermore, the customer shall be responsible for damage caused by faucets, valves and other equipment which may be open at any time that water is turned on at the meter.

22.10 Permission for selling water.

It shall be unlawful for any person or entity other than FMU to deliver and/or sell water within the corporate limits of the city, or the city’s sphere of influence, without having first obtained a permit from FMU, or received permission to do so from the city council.

Persons or entities issued hydrant water meters in accordance with section 22.25 below are authorized to deliver and/or sell water from FMU.

22.11 Water theft.

The taking of water from an unmetered connection to the city water system except as authorized by this chapter shall be unlawful.

22.12 Disclosure of water customer records.

It is recognized that information concerning the conduct of the people’s business is a fundamental and necessary right, but that access may be withheld where the public interest served by not making

EXHIBIT A
the record public clearly outweighs the public interest served by disclosure of the record. It is hereby found that no public interest is served by the release of names and addresses of and other information relating to water customers where the purpose of such release is to further the private or pecuniary interests of the person or organization requesting release and that the true names and addresses of, and other information relating to water customers does not concern the conduct of the people’s business. Based upon these findings, the names and addresses of and other information relating to water customers which is received by the FMU in the regular course of furnishing water shall not be released to non-governmental persons or entities, except in the event that the person requesting release is able to demonstrate in writing and to the satisfaction of the FMU director that such release relates to studies or investigations concerning the proper conduct of the business of FMU. In such event, the requested information will be furnished upon payment of an amount equal to the actual cost of providing the copy.

22.13 Enforcement and penalties.

The FMU director is authorized to take reasonable and appropriate action to fully implement the provisions of this Chapter. A customer who violates any provisions of this Chapter, any City ordinances associated with water service, any FMU regulations, any provisions of the City’s current Water Shortage Contingency Plan, and/or any City standards, shall be subject to the penalties and enforcement provisions, either:
(a) Any penalties and enforcement provisions of the most current Water Shortage Contingency Plan; (b) Code Section 1.7; or
(c) the administrative citation process provided in Code Chapter 1, Article II.

Application of the enforcement and penalties provisions in this code shall be at the discretion of the FMU director or the City Attorney.

Any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this article. City FMU representatives designated by the FMU director shall also have the authority to write and deliver notices of violations pursuant to this article. (a) When there is evidence that a customer is violating a provision of this Chapter, whether intentionally or unintentionally, the customer may be issued a written warning. Notwithstanding the foregoing, a warning is not a prerequisite to the issuance of a notice of violation. (b) FMU shall issue a written notice of violation to the customer documenting the water use violation and assessment of penalty.
(c) Each violation of a provision of this Chapter shall constitute a separate violation and shall be subject to separate and independent enforcement in accordance with the provisions of this section. Each day a violation of a provision of this code continues constitutes a separate offense. (d) The City may charge a fee for violation of the Code, which may be in the amount of costs incurred by the City to investigate and correct the violation of the Code, or which may be in an amount established under a separate ordinance or resolution adopted by City Council prior to the offense.

EXHIBIT A
(e) FMU shall discontinue water service if the customer fails to comply within five (5) calendar days after the date of written notice of violation. The customer whose water is thus discontinued shall forfeit all deposits made, and the water shall not be turned on again until all unpaid fees and charges are paid, and other requirements of this chapter or the FMU regulations are fulfilled. (f) If such noncompliance affects matters of health or safety, or affects the operation, maintenance, or other costs of FMU, water service may be discontinued immediately and without notice. Water service shall not be restored until the FMU director determines that adequate measures have been taken by the customer to comply with this code, to prevent recurrence of such violation, and that all unpaid fees and charges are paid.
(g) In addition to the foregoing, the FMU director shall have the authority to issue penalties of increasing severity for repeated violations of this Chapter, including monetary charges to reimburse the City for costs that it has incurred which relate to the violation, including but not limited to labor, equipment, materials, and administrative costs to make corrections, and, ultimately, may suspend or terminate service.
(h) Any damage occurring to a water meter or other appliances, including without limitation flow restricting device, service valve, hydrant, or any other water system facility, equipment or device, pipes or any other property of the FMU, caused directly or indirectly by lack of due care by the customer is the sole responsibility of the customer, who must pay for the damage on presentation of a bill.

FMU may use a variety of methods to collect for damages, including but not limited to use of property tax roll, internal billing system, or third-party billing system. All violations occurring on a water customer’s premises or using water delivered through a customer’s water service connection shall be the responsibility of the customer. In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible. (i) Delinquent charges for water service shall be exempt from the enforcement procedures of this section and shall be remedied in accordance with Article IX of this chapter and the FMU regulations.

Further, FMU may file suit in civil court to enjoin those who divert utility services, make an unauthorized reconnection, obstruct or tamper with FMU property, or receive water service through one of the preceding activities, and/or to recover three times the amount of actual damages, plus the cost of the suit and reasonable attorney’s fees, in accordance with sections 1882 through 1882.6 of the Civil Code.

22.14 Waiver request and appeal.

A customer may submit a written application for waiver of violation related to water use violations to the FMU director. The FMU director may grant a waiver of a particular violation if the customer’s justification is deemed to be reasonable and if the customer has mitigated the cause of the violation.

A customer may appeal a denial of an application for a waiver of violation within ten (10) calendar days by submitting a written appeal to the City Council, in accordance with chapter 1, section 1.15 of this code.

EXHIBIT A
Article II. Water Services.

22.15 Account activation required for service.

FMU shall furnish water only to a customer who has a current account, including a current address and the name of the person responsible for making payments on the account. Water service will be provided only through a water meter assigned to a particular account.

Each property or parcel shall have a separate water service connection and meter to the water system. Irrigation water meters serving multiple parcels under common ownership, including landscape parcels along roadways, shall be exempt from this requirement.

Multi-family residential, commercial, industrial, and institutional users shall have a separate water meter for landscape irrigation use.

Fire services shall have active and billable accounts at all times.

Nothing in this section shall be construed to authorize the City to require the installation of a new connection directly between the City’s water facilities and an accessory dwelling unit (ADU) or junior accessory dwelling (JADU) that is contained within the existing space of a single-family residence or accessory structure and meets the requirements of Government Code Section 66314.

22.16 Request for service.

Application for service is required to initiate service for the first time to a particular parcel.

Request for service to parcels that have previously received water service shall be made to FMU during normal business hours. A person taking possession of premises and using water without having made application for water service shall be held liable for all water used from the date of the last recorded meter reading. If application for service is not made within seven calendar days after notification to do so or if accumulated water bills are not paid upon presentation, the water service shall be discontinued without further notice.

22.17 Liability for service charges.

Upon commencement of water service, the applicant or customer shall be liable for all water delivered through that particular service and all other charges applicable to such service. When two or more persons jointly make application for service, they shall receive a single periodic bill, but shall be jointly and individually liable for payment of all charges incurred.

In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible for payment of all service charges incurred on customer property.

EXHIBIT A

22.18 Former customer owing bills.

When the applicant for water service is a former customer who has failed to pay all bills for previous water service or charges for any other service received from the water system, FMU shall refuse water service to the applicant until all outstanding bills or charges are paid and shall also require a cash deposit as a guarantee for the payment of future bills.

22.19 Changes in customer’s facilities.

Customers making any change in the size, character or extent of their facilities utilizing the water service which will require increasing the size of the existing service or result in a large or unusual increase in water usage shall apply for a plumbing permit with the City and undergo applicable planning, review, and inspections.

Commercial, institutional, or industrial customers shall notify the FMU director in writing for and any changes in use categories.

Any increase in service demand and/or size of the existing service may be subject to section 22.33, Charge for alteration or change in meter size, and section 22.42, Changes in size of meter, pipe, etc., at expense of customers, as determined by the FMU director. All costs associated with the changes in customer’s facilities that impact the water system shall be the responsibility of the customer.

Article III. Water Connections - Generally.

22.20 Title to connections; transfer of service; refunds.

Title to a water service connection including all meters, service pipes and appurtenances used in providing a water service connection shall remain with FMU and the charges set forth in this chapter are for connections and do not convey any right of title.

The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.

If the water service is discontinued or abandoned, no right or refund of connection charges or credit in any manner accrues to the applicant, customer or successor.

22.21 Service connections requiring main extension.

In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or right-of-way across the entire frontage of property to be served.

Wherever, as a condition of service, a water main must be extended, the water main shall be installed by the applicant in compliance with the provisions set forth in this chapter and in the FMU

EXHIBIT A
regulations. All costs associated with the extension of the water main shall be the responsibility of the applicant requesting connection to the water system facilities.

22.22 Non-residential fire service connections.

When an application is made for fire service connections, such sprinkler and fire service installation must be approved by the fire chief, by an approved fire rating bureau and by the FMU director.

Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test, he shall notify the FMU director at least three working days in advance.

If it is found that an unauthorized use or connection to a fire service has been made, the consumer shall remove the unauthorized connection and discontinue use. Refusal or failure to disconnect and discontinue use shall result in shut off of water service until the customer makes corrections.

Customers shall be responsible for ensuring all water accounts are active with the city.

22.23 Temporary connections.

Temporary service is one which, although installed in a fixed location, is not intended for use for longer than one year. Temporary service connections shall be metered. Temporary connections shall be allowed for an initial sixty-day period and extended by the FMU director up to a maximum of one year from the original connection date on presentation of good and sufficient evidence that such extension is warranted.

While connection fees in accordance with Article IV may not be required for temporary connections, water rates and charges apply under Article IX and, as established by separate resolution duly adopted from time to time by city council.

22.24 Temporary connection - construction water meter jumpers.

Temporary service may be provided through water meter jumpers for lots in single-family residential developments during construction. The developer shall be responsible for the account, until such time that the City’s water meter is installed, and an account has been established by the customer.

Water use through the water meter jumper is limited to:
(a) Testing the structure’s interior plumbing prior to the construction of walls. (b) Incidental earthwork on the property including presoak of foundation forms prior to concrete pour and finish grade work within the property.
(c) House construction needs, such as painting, plaster work, and plumbing work.

Service through the water meter jumper shall be discontinued and shut off should any FMU personnel observe unauthorized use of water. While connection fees in accordance with Article IV may not be required, water rates and charges apply under Article IX and as established by separate resolution duly adopted from time to time by city council.

EXHIBIT A

22.25 Temporary connection - hydrant water meter.

Contractors or developers engaged in construction or site development shall obtain a construction water permit and shall take water at a location specified by the FMU director. All water shall be metered through a hydrant water meter, unless exempted by the FMU director for good and sufficient reason. Hydrant meters will be supplied to the contractor by the FMU. Customer shall not alter or move hydrant meter. The hydrant meter may only be moved by authorized personnel of the FMU.

The contractor or developer shall provide a deposit for the hydrant meter, and shall be responsible for daily service charges and volumetric charges, as established by separate resolution duly adopted from time to time by city council.

Article IV. Connection Charges (Capacity).

22.26 Purpose.

The public interest, health and general welfare of the city and its inhabitants require the acquisition and construction of water facilities and systems, necessary to serve new and altered structures within the city. Public interest and economy require that, in order to provide funds for such purposes, certain connection charges shall be established to be paid by the owner or owners of land upon which such structures are constructed or altered. Connection charges shall apply for all connections to the water system facilities.

22.27 Authority of city to impose.

The connection charges provided for herein are established pursuant to the power granted by the legislature to the city by section 5471 of the health and safety code and section 54344 of the government code; the power granted to the city by article XI, section 7 of the constitution to provide for the health and general welfare of the city and its inhabitants; and the power granted to the city by article XI, section 9 of the constitution to establish, purchase and operate public works to furnish its inhabitants with water.

22.28 Capacity associated with connection charge.

Connection charges are required for water service capacity for the parcel of land upon which service is requested. Capacity shall attach to and run with the land. Capacity may be reallocated within the lot or parcel after the filing for subdivision of that lot or parcel. The property owner may, prior to the recordation of the subdivision (or parcel) map, submit a letter of reallocation of capacity right to the city which identifies the new lot(s) or parcel(s) formed and indicates the capacity being allocated to each newly created lot or parcel. If such letter is not received by the city prior to recordation, the FMU director may determine and effectuate the reallocation of capacity as is appropriate in the exercise of his or her discretion.

EXHIBIT A

22.29 Establishment; time payable.

In addition to all other charges established by the ordinance, rules and regulations of the city, there is hereby established a connection charge, in an amount determined pursuant to sections 22.30, 22.31, and 22.33 and subject to the provisions set forth in sections 22.32, 22.34, and

22.35. Payment of such charge shall be a condition precedent, except as provided in sections 22.32 and 22.33, to connection of any water and/or sewer system of the city, and shall be payable prior to the issuance of a building permit (or prior to meter set, if building permit is not required) pursuant to this code, provided, however, that such charge shall be payable only with respect to connection of a structure to one of such systems, not both. No connection to the FMU water system shall be made, nor any water meter installed, until connection charges are paid.

Where, in the opinion of the city, special conditions require the payment of connection charges at a time other than that specified above, it may provide for such charge to be paid at a time agreed to by written agreement with the owner of the property to which such charge applies. City may provide exemption by special agreement or conditions of approval of a project.

22.30 Amount.

The connection charge shall be in the amount as established by separate resolution duly adopted from time to time by city council, and shall be based on the size of the meter.

On April 1st of each year, the connection charge per family unit or equivalent meter capacity shall automatically increase or decrease from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. On or before March 1st of each year, the FMU director shall:
(a) certify to the city council and the city building official the applicable percentage of increase or decrease for the following April 1st, pursuant to the foregoing provision, and the resulting change in the amount of the connection charge per family unit or equivalent meter capacity; (b) submit to the city council a report, based on revenues and expenditures pursuant to this article, to the date of the report and revised estimates of future revenues and expenditures pursuant to this article for the purpose of review of and determination of whether any change should be made in the amount of the charge established by this section.

22.31 Meter capacity sizing.
(a) "Family" defined. As used in this section, "family" means one or more persons occupying a premises and living as a single nonprofit housekeeping unit. A family shall be deemed to include necessary household domestic employees.
(b) Residential structures. The following family units shall apply to residential structures:
(1) For each detached structure designed for occupation exclusively by one family, which structures shall include all single-family dwellings, there shall be assigned one family unit with a minimum meter size of 1-inch; and

EXHIBIT A
(2) (A) For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobile home parks, there shall be assigned one (1) family unit for the first room, suite of rooms or mobile home, designed for occupation by a family and sixty percent (60%) of a family unit for each remaining room, suite of rooms, and mobile home designed for occupation by a family; and (B) For each structure or portion thereof designed exclusively for occupation by senior citizens, which structures shall include condominiums and apartment houses, there shall be assigned one (1) family unit for the first room, or a suite of rooms, designed for occupation by a family, and forty-five percent (45%) of a family unit for each remaining room, or suite of rooms, designed for occupation by a family.
(c) Accessory dwelling units. ADUs and JADUs are defined in section 25.50. ADUs and JADUs shall be subject to the payment of all water connection charges, except as otherwise provided in section

25.20.4.11.F, or in Government Code Sections 66314 and 66333. The connection charge shall be proportionate to the burden of the proposed ADU or JADU, based on fixture units. ADUs and JADUs constructed with a new single-family dwelling shall be charged full connection charges consistent with section 22.31(b).
(d) Other structures. There shall be capacity assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels, or portions thereof; not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use. Such determination shall subject to the approval of the FMU director and be based on the capacity of the water meter for any such structure, in accordance with the following schedule:

METER UNIT SIZE (IN.)

MAXIMUM CONTINUOUS

FLOW CAPACITY (GAL/MIN)
1" 50
1 ½" 88
2" 130
3" 175
4" 1,000
6" 2,800
8" 2,800
10" 5,500
(e) Landscape irrigation. Meter capacity shall be assigned using the following schedule for irrigation service from a meter used solely to provide separate metering of landscape irrigation. Meter size and capacity shall be determined based on the maximum continuous flow required, and subject to review and approval of the FMU director.

METER UNIT SIZE (IN.)

MAXIMUM CONTINUOUS FLOW

CAPACITY (GAL/MIN)
1" 50

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METER UNIT SIZE (IN.)

MAXIMUM CONTINUOUS FLOW

CAPACITY (GAL/MIN)
1 ½" 88
2" 130
3" 175
4" 1,000
6" 2,800
8" 2,800
(f) If a meter has a size and/or capacity that does not appear on the schedules provided in section

22.31(d) and (e) above, the FMU director shall determine the necessary meter size by interpolating or extrapolating the schedule and rounding up to the nearest maximum continuous flow of the water meter.
(g) Fire service. No family units or meter capacity shall be assigned for unmetered fire service.

22.32 Exemptions.
(a) Connection charges pursuant to the provisions of this article shall not be payable with respect to new or altered structures for which a building permit therefore, pursuant to the building code adopted by the city at the time of issuance of such permit, was issued prior to the original effective date of this article, December 15, 1986.
(b) As exempted under section 25.20.4.11.F, ADUs and JADUs meeting the requirements of Government Code Section 66323(a)(1) or are less than 750 square feet are exempt and shall not be charged a connection charge.
(c) Temporary connections as provided in sections 22.23, 22.24, and 22.25 shall be exempt from connection charges.

22.33 Charge for alteration or change of meter size.
(a) Where it is proposed to alter a structure in any way which results in a greater potential water demand therefore, or to change or replace an existing water meter by a meter of a larger size, meter capacity applicable to such structure both prior and subsequent to such alteration or change of meter size shall be determined pursuant to the provisions of section 22.31, and a connection charge based on the difference between the meter capacity applicable prior to such alteration or change of meter size shall be paid, whether or not a connection charge was theretofore payable with respect to such structure. The charge provided for in this section shall be deemed a connection charge for the purposes of this article, even if a new physical connection of a structure is not required, the continuance of the original physical connection being conditioned on payment of the charge provided for in this section. Unless such charge is paid prior to making such alteration or change of meter size, it shall be paid within thirty days of receipt of notice of the amount payable by reason of such alteration or change of meter size.

Such notice shall be mailed, postage prepaid, registered, or any owner of such structure. (b) No connection charge shall be payable when a water meter installed before December 16, 1986 is replaced by two meters, solely to provide for the separate metering of landscape irrigation.

Sizing of meters installed pursuant to this subsection shall be within the sole discretion of the

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FMU director. If a smaller non-irrigation meter is not justified, the FMU director may allow the existing meter to stay in service rather than require it to be replaced with a new meter. Nothing in this subsection shall be construed to eliminate payment of a connection charge when otherwise due pursuant to subsection (a).
(c) Where it is proposed to change or replace an existing water meter by a meter of a smaller size, no connection charge for capacity shall be required. No refund or credit of capacity charges will be issued as a result of this section unless a fee credit program is agreed to by the City.

22.34 Use of proceeds.

There is hereby created a water facilities fund into which all sums collected pursuant to this article shall be deposited.

The monies in such water facilities fund shall be used solely to acquire or construct water supplies, facilities, and systems; to repay principal and interest on bonds issued for the acquisition or construction of such water supplies, facilities and systems; to repay federal or state loans or advances made to the city for the construction of such water facilities and systems; and to pay for administration of connection charge collection.

22.35 No refunds.

In the event that the building for which a connection charge has been paid is not under construction within 180 days of issuance of the plumbing permit, or in the event construction stops for 180 days, the connection charge paid shall lapse and the full amount of the connection charge in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed connection charge, but shall grant a credit on such connection charge in the amount of the previously paid connection charge.

Article V. Installation Charges.

22.36 Installation charges - new service.

Unless otherwise authorized by the city council applicants for new services shall be responsible for the full cost of facilities necessary to deliver water to its premises, including payment of FMU fees and charges. FMU may opt to install or have applicant install water services. FMU shall collect charges for the installation of new water service connections installed by city forces. Charges shall be in the amount as established by separate resolution duly adopted from time to time by city council.

Where unusual conditions prevail, charges will be based on actual costs incurred by the City, including staff time, labor, materials, and administrative costs.

22.37 Charges - New meter and box.

Charges for meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner. FMU shall collect charges for the installation of water meter and box in the amount as established by separate resolution duly adopted from time to time by city council.

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22.38 Increase or decrease of installation charges.

All rates and charges provided for in sections 22.36 and 22.37 of this chapter, unless otherwise updated by resolution duly adopted by City Council, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area.

22.39 Charges - Large service connections and special conditions.

For any installation greater than four inches in size, the applicant will deposit an amount equal to the estimated installation cost at the time of application; additional billing or refund will be made on such deposit after actual installation costs have been determined at the completion of the work.

Where special conditions exist, the city reserves the right to furnish special meters with the applicant to pay actual installation cost.

22.40 Payable prior to installation, etc.

All installation charges shall be paid prior to installation, or in the case of new construction must be paid before the building permit is issued.

22.41 Advance deposit in certain cases.

In the case of connection charges on a cost plus basis, a deposit must be made in advance of the estimated cost and an adjustment made upon completion. If the cost is over the estimate, the applicant will be billed for the difference; if the cost is less, FMU will refund the difference.

22.42 Changes in size of meter, pipe, etc., at expense of customers.

Changes in size of meter, service pipe, or both of the existing service connections shall be at the expense of the customer.

22.43 Changes in location of meters and connections at expense of customers.

When the relocation of an existing meter or service connection is requested for the customer’s convenience, the relocation shall be at the customer’s expense.

22.44 Water main extensions by city - Generally.

When the city council determines it to be in the public interest for the city to extend water lines in advance of street development or for any other purpose, the FMU director shall be ordered to proceed with such extensions to the extent and in the manner determined by the city council. Such extensions may be installed at the cost of the city or pursuant to appropriate assessment district proceedings.

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If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained by the FMU director, together with an allocation of such costs to all parcels of property, which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereto, severally and respectively.

22.45 Water main extensions by city - Special connection charges.

Prior to installation of any water service connection which will be served in whole or in part by a water main extension subject to special connection charges, the special connection charge must be paid in addition to all other charges and fees provided for by this chapter. Such charge shall be in an amount equal to the cost allocated to the parcel of property by the FMU director, as provided in section 22.44 of this chapter.

If a water main extension is financed by assessment district proceedings, any charge provided for by this section with respect thereto shall be deemed paid for each parcel of property within such assessment district, by virtue of the assessment levied thereon in such proceedings.

Article VI. Extension of Water Facilities by Applicant.

22.46 Plans.

Any applicant for water service which will require water main extension shall install the extension at the applicant’s own cost and expense. Any applicant for water service which will require other water facility extension may install the same at his own cost and expense. Plans for such extension or extensions shall be submitted to and approved by the city engineer. The applicant shall conform to City standards for the design and installation of water facilities and obtain any required permits in accordance with Chapter 25 of this code.

22.47 Surety bond.

In the event the applicant installs water facility extensions, the applicant shall furnish the city a surety company bond in an amount equal to one hundred percent of the city engineer’s estimate of the installation costs, to guarantee faithful performance by the application, and surety company bond in an equal amount to guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies and implements used by the applicant on such work.

22.48 Evidence of title transfer to city.

When water facility extensions are installed and upon the execution and delivery by the applicant of a good and sufficient document evidencing transfer of title of the facilities to the city, water shall be furnished to the applicant’s property.

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Article VII. Water Meters.

22.49 Maintenance.

Where replacements, adjustments, disconnection, or service shutoff for any water meters are necessary by the act, neglect or carelessness of the owner or occupant of any premises or anyone they employ, any expense thereby caused to the FMU shall be placed on the water bill.

22.50 Testing.

Customers may request a test to be made of the meter service serving their premises. Testing shall be conducted in conformance with American Water Works Association Manual M6, Chapter 5.

Arrangements for such test shall be made within five working days after receipt of the request. The customer shall be notified twenty-four hours before the time set for the test. The request for meter tests must be accompanied by a cash deposit for the respective meter size, in accordance with fee schedule as adopted from time to time by city council.

If the results of the meter test determine that the meter is:
(a) Registering not more than two percent faster or slower than the actual quantity of water passing through it, the deposit shall be retained by FMU;
(b) Registering more than two percent over registration, an accurate meter shall be installed, the deposit refunded and the water bills adjusted to correct the error discovered; (c) Registering more than two percent under registration, an accurate rate meter shall be installed, the deposit refunded and the customer billed for the amount of the undercharge; (d) In any event, the adjustment for overcharge or undercharge shall not exceed a period of six months or that during which it was measuring service to the customer, whichever is the lesser.

22.51 Erroneous meter readings; obstruction.
(a) Erroneous meter readings. Whenever a meter fails to register correctly, the customer shall be charged for a minimum service charge and for an estimated amount of water used, based upon the customer’s prior consumption during the same season of the year, if conditions were unchanged, or upon a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances. (b) Obstructing water meters. In accordance with section 22.6, it shall be unlawful for anyone to enclose a water meter with a fence, wall, hedge or otherwise obstruct access to water service meters and metering equipment. Upon the failure or refusal of the owner or customer to remove any such unlawful obstruction within a reasonable length of time, thirty days unless prevented by extenuating circumstances, after written notification to do so, the FMU director shall, at his option, order:
(1) The discontinuance of water service to the premises until the obstruction is removed; and (2) The customer to pay for the city cost for removal of the obstruction, including the cost of labor, equipment, materials, and administrative costs.

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Article VIII. Customer’s Equipment.

22.52 Customer’s responsibility.

The customer(s) shall, at customer’s own risk and expense, furnish, install, and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water.

FMU shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper maintenance or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating or interfering with such equipment. The customer shall be responsible for determining the pressure operation limits of customer’s fixtures and equipment and shall properly protect the same from a variance of water delivery pressures, including periods when for any reason whatsoever there is no water available.

22.53 Control or isolation valve.

The owner of premises to be served shall install a control or isolation valve on the house piping between the water meter and the first valve outlet on the premises. When old premises, to which a service connection has previously been installed, are being altered, a control valve shall be installed by the owner, if such is not already provided. The customer shall not operate the meter stop or valve in the meter box at any time.

22.54 Pressure relief valve.

Each water heater shall be equipped with a suitable pressure relief valve of a type and nature required by the California plumbing code and local building codes.

22.55 Backflow prevention and prohibition of cross-connection.

In making plumbing connections, the customer is required to comply with the FMU regulations, the California State Water Resources Control Board Division of Drinking Water, and the United States Public Health Service. Any type of connection which may permit a back pressure or back siphonage or cross connection from any external source into the FMU facilities is prohibited.

If the customer’s premises are considered high-risk in accordance with the categories identified the FMU’s Cross-Connection Control Policy Handbook, or if the FMU determines the need for backflow prevention through the hazard assessment process conducted in accordance with the FMU’s CrossConnection Control Policy Handbook, the customer shall install a backflow prevention assembly on the customer’s side of the potable water system, as described in section 22.5, at the expense of the customer. FMU may terminate deliveries to any customer if it determines that the customer has failed to install and appropriately maintain required backflow assembly to protect the FMU facilities, and that a substantial risk to public health and safety, or potential risk to the water distribution system exists, whether or not the customer’s failure was willful or negligent.

To protect the public water supply from possible cross-connection or contamination from back pressure or back siphonage, an FMU backflow prevention assembly shall be installed. The type of assembly installed shall be as approved by FMU, and on the University of Southern California

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Foundation for Cross-Connection Control and Hydraulic Research List of Approved Backflow Prevention Assemblies, as updated from time to time.

The approved backflow prevention assembly shall be installed in conformance with FMU installation requirements in the City standards and in a location accessible at all times to FMU for inspection. The costs of the approved backflow prevention assembly, its maintenance and inspection are the responsibility of the customer.

A previously installed backflow assembly which does not conform to current standards may remain in operation until such time as it requires replacement, fails annual test, any incidents of backflow have occurred, any changes are to be made to the premises it serves, or any change in use of the premises occurs. Should any one of the aforementioned events occur, the previously installed backflow assembly shall be replaced with a current approved assembly.

22.56 Backflow prevention assembly – inspection, repair, and costs.

FMU shall test and inspect all backflow prevention installations annually as required by the State Water Resources Control Board Cross-Connection Control Policy Handbook and the City’s CrossConnection Control Policy Handbook. The City reserves the right to require testing at more frequent intervals, should the FMU director determine more frequent testing to be in the interest of public health and safety. The FMU director may reduce or suspend deliveries to any customer or other user of water if they determine that the customer or other user of water has failed to appropriately maintain required assemblies to protect the FMU facilities, and that a substantial risk of damage exists, whether the customer’s failure was willful or negligent.

In accordance with the FMU regulations, the City will notify each affected water user in advance when the tests are to be undertaken so that a customer representative may witness the tests if so desired.

All costs for annual testing, inspection, service, repair, overhaul, or replacement shall be at the expense of the property owner. Property owner shall be invoiced on a time and materials basis.

Should the City determine testing at a more frequent interval is required, the property owner shall be invoiced on a time and materials basis only if the backflow assembly fails the test.

Article IX. Water Rates and Charges.

22.57 Generally.

The procedure of rendering bills for water service, their payment, and the consequences on nonpayment, unless otherwise provided elsewhere in this chapter, shall be governed by the FMU regulations and the city’s financial policies, Chapter 600.

In conformance with Government Health and Safety Code Section 116900 et. seq., nothing in this section shall be construed to authorize the City to discontinue residential water service for nonpayment.

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22.58 Payment for service; "person" defined.

No person shall receive water service without payment of the rates and charges provided herein. The word "person" as used herein shall mean any individual, firm, or corporation, or the state or the United States of America or any public corporation, political subdivision, city, county, district, or agency of either, including this city.

22.59 Water rates.
(a) Water rates shall be charged by user class, as set forth in this section, reflecting the different capacity and water volume requirements for each class. Each user in a class shall pay charges in two parts:
(1) a daily service charge to be paid regardless of water use and (2) a volume charge to be the result of the rate for the user class applied to user’s volume usage. (b) Water rate user classes shall be as follows:
(1) "Residential" shall include all service to single-family, multi-family and mobile home properties.
(2) “General Service” shall include all non-residential accounts, except as otherwise provided in paragraphs (3) through (5).
(3) “Large Industrial” shall include non-residential accounts, using an average of over one million gallons per day.
(4) “Landscape Irrigation” shall be limited to those water users requiring service exclusively for landscaping purposes.
(5) “Raw Water Irrigation” shall be limited to those water users using non-potable water for landscape irrigation service.
(6) “Construction water meter jumpers” shall be limited to water users described under section

22.24. (c) The rates within each user class shall be established by resolution of the City Council. (d) Detector check valves for fire sprinkler systems shall be billed on the basis of the bypass meter size at the amount stated in this section. Privately-owned fire hydrants shall be billed an annual charge per fire hydrant as approved by resolution from time to time by city council, which charges shall cover all water furnished through the applicable sprinkler systems and hydrants. (e) Low Income Senior/Disabled Refund. A refund may be made to certain customers under the following conditions:
(1) On March 1, following the calendar year for which the refund is applicable, the customer making application for the refund meets all of the following criteria: (a) is over sixty-two (62) years of age, or is considered disabled under social security law and receives supplemental social security income for disabled persons, or is a veteran in receipt of a non service connected disability pension from the Veterans Administration, and (b) such individual is a "head of household," (c) that such individual has paid the charges imposed by this section for the twelve (12) months of the preceding calendar year, (d) that the combined annual "gross

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income" of the household of which such individual is head is less than or equal to the United States Housing and Urban Development eligibility limit for respective family size of household with very low income for the preceding calendar year, (e) that the water service for which such charges were paid was delivered to said individual’s residence, and (f) that such individual had made no other application for a refund for the same calendar year. (2) Beginning August 1, 2013, the amount of the refund referred to in paragraph (1) shall be $118.00. On each July 1 thereafter, the amount of the refund shall increase by the net percentage increase in residential rates from the prior July 1. The City Council may amend by resolution the conditions for receipt of the refund and the amount of the refund. (3) The refund provided for in paragraph (2) shall be applied for on a form prescribed by the city on or before March 1, and shall be payable before April 30 of each year for the preceding calendar year.
(4) As used herein, "head of household" shall mean the person filing or who would file a federal income tax return as a head of household, or a single individual, or the husband or wife, if a joint return is filed, but in such case, the individual applying for the refund must additionally declare that his or her spouse has not also applied for the refund for the same period of time.
(5) As used herein "gross income" shall include all compensation for wages, salaries, tips, interest income, rental income (after expenses), royalties, pensions, annuities, social security, SSI, and alimony.
(f) From time to time, the preparation of studies to determine the appropriate water rates to be charged based on the costs of service may be directed by the City Council or City Manager. All future water rate increases shall be subject to City Council approval in the manner required by law.
(g) FMU may use a variety and combination of methods to collect rates and charges, including but not limited to use of property tax roll, internal billing system, or third-party billing system,. In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible.

22.60 Delinquent charge to be real property lien.

Charges for water service as set forth in section 22.59 of this chapter shall be considered delinquent if not paid by the due date stated on the bill. Following the procedures set forth under article III-6 of the FMU regulations, the delinquent charges shall constitute a lien upon the real property to which the unpaid charge for service was rendered. Such lien shall be imposed pursuant to the state government code section 54354.

22.61 Outside rates.

Every customer not covered by section 22.62 being supplied water from FMU to premises outside the city limits shall pay water rates and charges as established by separate agreement duly adopted

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by resolution from time to time by city council.

22.62 Large industrial, wholesale, and raw water contract rates.

Large Users as referenced herein are as determined by City Council, and typically (1) customers with average water demands that exceeds one (1) million gallons per day, or (2) customers who have been determined by City Council to qualify as a Large User on a case specific basis. The city council may negotiate and adopt separate contract rates different than those provided in section 22.59.

Contractual rates shall take preference over any other rates set forth in this chapter for Large Users.

Article X. Zone Connection Charge Within Pump Zones.

22.63 Purpose.

In order to fund the construction, maintenance, and operation of the special pump stations and reservoir sites required to serve water to customers located outside of Zone 1, inclusive, the Zone connection charge is hereby established as specified in this article which shall be in addition to all other charges levied by this code. The establishment of this additional connection charge creates no obligation on the part of the city to serve water above the 100-foot maximum elevation of Zone 1.

22.64 Zone connection charge.

FMU shall collect the Zone connection charges for installation of new water services located above the Zone 1 maximum water system service elevation of 100 feet. Connection charges shall be determined based on the water meter capacity, consistent with section 22.31. Charges shall be in the amount as established by separate resolution duly adopted from time to time by city council.

Zone connection charges shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years.

Construction costs and the increase or decrease therein shall be based on the Engineering NewsRecord Construction Cost Index for the San Francisco area.

22.65 Exemptions.

The provisions of this article shall not apply to areas in which prior to January 31, 1979 the Fairfield City Council approved development conditioned upon the formation of an assessment district or provision of a separate water pressure system installed and paid for by the developer to serve elevations between elevations 100 and 200 feet.

The areas located between 100 and 200 feet subject to this exemption shall be those areas shown on pressure zones 2A and 2B on that certain map entitled, "City of Fairfield, Domestic Water Reservoir Study, Recommended Plan, Pressure Zone No. 2, June 1975", a copy of which is on file with the Department of Public Works, and incorporated herein by reference.

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Article XI. Water Usage.

22.66 General provisions.
(a) Water resources available to the city shall be put to the maximum beneficial use possible. The purpose of this article is to prevent the misuse, or unreasonable use, or unreasonable method of use of water.
(b) The provisions of this article shall apply to all persons, customers, and property served water by the city. The provisions of this article are not applicable to uses of water that are necessary to protect public health and safety or for essential services, such as police, fire, and other similar emergency services.

22.67 Normal condition.

Water delivered to customers shall be used only for reasonable and beneficial use at all times. No customer or user shall knowingly waste or permit the waste of water. The following prohibitions and regulations shall be in effect at all times.
(a) Failure by any person to promptly repair a controllable water leak shall be prohibited. A "controllable" water leak is defined as any leak occurring from the customer’s water system including plumbing and irrigation fixtures for which the customer owns and/or is responsible.

This definition includes the entire water system within the boundaries of the customer’s property.

For example, broken sprinkler heads, leaking hose bibs, or broken water lines (under the customer’s home) are considered controllable water leaks. A person is not responsible for any portion of the system owned by the City or other public agency (e.g., water meter). (b) Landscape irrigation utilizing individual sprinklers or sprinkler systems of lawns, landscaped areas, trees, shrubs, or other plants shall occur only before 12:00 noon or after 6:00 pm. This restriction is applicable only during daylight savings time unless changed hereafter by resolution of the City Council.
(c) Landscape irrigation in a manner that causes runoff, or within 48 hours after measurable precipitation, is prohibited.
(d) Hosing off sidewalks, driveways and other hardscapes is prohibited, unless necessary to protect public health and safety.
(e) Use of non-recirculating systems in new conveyor car wash and commercial laundry systems is prohibited.
(f) Use of non-recirculating systems in a fountain or other decorative water features is prohibited. (g) Irrigating nonfunctional turf as defined in AB 1572 is prohibited. (h) All new installation of cooling systems using potable water as a coolant shall be recycling systems only. No single pass cooling systems shall be allowed. (i) Use of potable water for non-potable uses, including irrigation of landscape areas or industrial use, is prohibited when suitable non-potable water (including raw water) is available to an area.

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Article XII. Water Emergencies and Water Shortage.

22.68 Water emergency.

Pursuant to California water code section 350, the city council may declare a water shortage emergency indicating water shortage stage following a duly noticed public meeting when it finds and determines that FMU will not be able to provide normal water service demands for its customers without depleting the water supply to the extent that water available would be insufficient for human health and safety needs and fire protection. The water shortage stages may be implemented in any reasonable order and shall continue to be in effect until the city council makes a determination to terminate the applicable water shortage stage.
(a) Water shortage stages and shortage response actions shall be as provided in the City’s water shortage contingency plan, as updated from time to time and adopted by City Council. FMU may implement water shortage response actions as provided in the water shortage contingency plan for the corresponding water shortage stage in addition to mandated State prohibitions and restrictions.
(b) The city council may adopt water shortage surcharge rates during a water shortage emergency to support FMU response actions to maintain sufficient water supply for human health and safety and fire protection.
(c) The FMU director shall have discretion to determine that certain restrictions may be appropriate for implementation at an earlier stage and may recommend such restrictions for implementation to the City Council. The City Council may implement such additional restrictions as part of its declaration of a water shortage stage.
(d) Notwithstanding the foregoing, in the event of an unforeseeable event such as wildfire or infrastructure failure, causing an immediate emergency or water shortage, the city manager is hereby authorized to declare a water emergency and, if so declared, shall initiate implementation of the appropriate and necessary provisions of the city’s emergency response plan and/or water shortage contingency plan. As soon as possible after such a declaration, the city manager shall make a full report on the water emergency to the city council. During any such water emergency, the city manager and his/her designees may take all steps necessary to protect and preserve the water system, and to protect the health and safety of customers and users, including but not limited to locking out nonessential water services, obtaining and making available temporary water supplies.
(e) Consistent with the authorities in this section, FMU also reserves the right at any time to allocate its available water supply among its customers in a manner that it determines to be in the public interest in the event a water shortage condition exists for any reason.

22.69 Enforcement and penalties.

The provisions of this article may be enforceable and appealed as provided in sections 22.13 and

22.14. Under a water shortage emergency declaration, the city council may establish, and adopt by resolution, separate penalties and progressive fines associated with violation of the water shortage response actions in effect based on the corresponding water shortage stage. These penalties and fines are in addition to penalties provided under section 22.13, and shall remain in effect until the city council terminates the water shortage emergency.

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(a) In addition to the fines and penalties adopted by the city council, the customer shall be responsible for the city’s cost for labor, equipment, materials, and administrative cost to make corrections.
(b) In addition to the applicable fine, the city may install a flow restrictor on a customer’s water service connection for two months for a fourth and subsequent violation of this article during any water shortage stage. If no further violations of this article occur during this two-month period, the City shall remove the flow restrictor at the customer’s expense. If a violation occurs during this two-month period, the City may maintain the flow restrictor for an additional two months. The fee for the flow restrictor removal shall include reimbursement to the City for the cost of installation.
(c) Any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this article. FMU representatives designated by the FMU director shall also have the authority to write and deliver notices of violations pursuant to this article.