Fairfield City Council
July 7, 2026

CITY OF FAIRFIELD

CITY COUNCIL

MEETING AGENDA
Tuesday, July 7, 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

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 Rick Vaccaro
C. INVOCATION -Pastor Jeff Hood of First Baptist Church D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER'S REPORT
G. CITY ATTORNEYS REPORT
H. CITY CLERK'S REPORT

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.

J. 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.

J.1 CM Approval of Meeting Minutes for May 2026
Approval of Meeting Minutes for May 2026
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
Recommended Action:

Approve the meeting minutes.

Pages

J.2 Resolution 2026-148 CM Mayor's Revised Appointments and 31 Recommendations 2026
Approving Mayor's Revised Appointments and Recommendations for the Calendar Year 2026
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
Recommended Action:

Adopt resolution.

J.3 Resolution 2026-149 CM Reasonable Accommodation Policy for Remote 39 Participation at Meetings Subject to the Brown Act
Adopting the Reasonable Accommodation Policy for Public Participation at Meetings Subject to the Brown Act and the Legislative Body Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act
Funding Source: N/A
Contact: David Lim, (415) 421-8484
Recommended Action:

Adopt resolution.

J.4 Resolution 2026-150 PW Water Treatment Mixing Equipment Replacement 49 Suspending Competitive Bidding and Authorizing the City Manager to Purchase a Replacement Mixer Gear from Veolia Water Technologies Funding Source: $259,359; Capital Water Fund
Contact: Michael Hether, (707) 428-7493
Recommended Action:

Approve resolution.

IS Resolution 2026-151 PW Approving the Conveyance of Easements to the 55 Fairfield -Suisun Sewer District (FSSD)
Approving the Conveyance of Easements to Fairfield -Suisun Sewer District Within Accessor's Parcel Numbers (APNs) 0166-102-080, 0170020-140, & 0170- 020-170 and Authorizing the City Manager to Execute two Easement Deeds Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:

Adopt resolution.

J.6 Resolution 2026-152 PW Authorizing the City Manager to Execute Amendment 73 No. 1 with Caltrans

Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Sharing of State Highway Electrical Facilities in the City of Fairfield Funding Source: N/A
Contact: Andrea Flores, (707) 434-3811
Recommended Action:

Adopt resolution.

J.7 Resolution 2026-153 PW Adopting the Second Update to the Landscape 101 Oversight Committee Guidelines and Duties of the Committee Second Update to the Landscape Oversight Committee Guidelines and Duties and Discussion and Direction Regarding the Landscape Oversight Committee Request to Modify Residency Requirements
Funding Source: N/A
Contact: Chris Lewis, (707) 428-7089
Recommended Action:

Adopt resolution.

J.8 Resolution 2026-154 PW Sacramento and San Joaquin Drainage Property 123 Abatement Program Agreement with Central Valley Flood Protection Board Authorizing City Manager to Execute a Sacramento and San Joaquin Drainage District Property Abatement Program Agreement with the Central Valley Flood Protection Board
Funding Source: N/A
Contact: Sanjay Mishra, (707) 428-7477
Recommended Action:

Adopt resolution.

J.9 Resolution 2026-155 CD NorthBay Purchase and Sale Agreement 177 Approving and Authorizing the Execution of the Purchase and Sale Agreement Between the City of Fairfield and NorthBay Healthcare Corporation for the Property Located on Suisun Valley Road (Assessor Parcel Number 0027-260- 230)
Funding Source: N/A
Contact: Dave Zellers, (707) 428-7436
Recommended Action:

Adopt resolution.

K. NEW BUSINESS
K.1 CM Minute Action Approving the Mayor's Appointments 202

Minute Action Approving Mayor's Appointment to the Planning Commission and the Youth Commission
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
Recommended Action:

Approve appointments. Perform oath of office.

K.2 Resolution 2026-156 PR Golf Volunteer Program
Authorize Development of a Volunteer Program for City Golf Courses and Adopting Volunteer Service Benefit Policy
Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
Recommended Action:

Adopt resolution.
204
K.3 Resolution 2026-157 FN CFD Bonds One Lake (Planning Area 5) 270 Authorizing the Issuance and Sale of Special Tax Bonds for City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) with Respect to its Improvement Area No. 1, and Approving and Authorizing Related Documents and Actions
Funding Source: N/A
Contact: John Furtado, (707) 428-7629
Recommended Action:

Adopt resolution.

K.4 HD Presentation and Direction for Homeless Priorities 516 Funding Source: N/A
Contact: Samantha Burrows, (707) 428-7749
K.5 Resolution 2026-119 CM Internet Service and Telephonic Service Disruption 521 Policy
Adopting the "Internet Service and Telephonic Service Disruption Policy" for City Council Meetings
Funding Source: N/A
Contact: David Lim, (415) 421-8484
Recommended Action:

Adopt resolution.

K.6 Resolution 2026-158 and Ordinance 2026-05 CM Submitting to the Voters a 530

Measure to Make the Office of City Clerk an Appointive Position Resolution 2026-158 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be held on November 3, 2026, to Change the Office of City Clerk to an Appointive Position; and
Ordinance 2026-05 Adding a New Article IX (City Clerk) to Chapter 2 (Administration) of the Fairfield Municipal Code to Change the Office of City Clerk to an Appointive Office
Funding Source: N/A
Contact: Farbod Pirouzmand, (707) 428-7397
Recommended Action:

Adopt resolution.

K.7 Resolution 2026-159 and Ordinance 2026-06 CM Proposed Ordinance and 540 Resolution for Amending TUT Ordinance
Resolution 2026-159 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be held on November 3, 2026, to Extend the City's Transactions and Use Tax and Increase by 1% the Local Transactions and Use Tax from 1% to 2% until Ended by Voters, with the Tax Administered by the California Department of Tax and Fee Administration and;
Ordinance 2026-06 Amending Sections of Article VII of Chapter 18 of the Fairfield Municipal Code to Extend and Increase the Rate of the Existing Transactions and Use Tax by 1%, from 1% to 2% Until Ended by Voters, to be Administered by the California Department of Tax and Fee Administration Funding Source: N/A
Contact: Farbod Pirouzmand, (707) 428-7397
Recommended Action:

Adopt resolution.

L. ADJOURN
ADJOURN TO TUESDAY, JULY 21, 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, July 1, 2026.

Agenda Item No: JA
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AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Approval of Meeting Minutes for May 2026
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 May 2026 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: 05-05-2026 Closed Session Minutes
Attachment 3: 05-05-2026 City Council Minutes
Attachment 4: 05-19-2026 City Council Minutes
Attachment 5: 05-20-2026 Closed Session Minutes
Attachment 6: 2026-05-26 City Council Minutes

CITY OF FAIRFIELD CITY COUNCIL

CLOSED SESSION MEETING
TUESDAY, MAY 05, 2026; 5:00 PM

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 - Arrived at 5:07 p.m.

Vice Mayor Pam Bertani - Present
Mayor Catherine "Cat" Moy - Present
all 31twice] ►7iIu1:l►I&I
There were no public comments.

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

F.1 Conference with Legal Counsel - Anticipated Litigation (Government Code section 54956.9(d)(2)-(4))
One Potential Case: Review and Legal Analysis of Citizen Requests for Refunds Regarding Landscape, Lighting and Maintenance Districts
Contact: David Lim, (415) 421-8484
Present were City Attorney David Lim, City Manager David Gassaway, Assistant City Manager Farbod Pirouzmand, Public Works Director Sanjay Mishra, and Chris Lewis The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:42 p.m.

Mayor
City Attorney
1

CITY OF FAIRFIELD

CITY COUNCIL MINUTES
May 5, 2026, 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 6:02 p.m.

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

C. INVOCATION - Pastor Oneal Young, Jr. of Greater Purpose Church Pastor Oneal Young, Jr. of Greater Purpose Church provided an invocation. aI:IRI *02-11111XclI_ILItoo
Councilmember Panduro led the Pledge of Allegiance.

E. COUNCIL REPORTS
Councilmember K. Patrice Williams reported on wishing her son Myles a happy 24th birthday. When Myles was an infant, she wrote him a letter to live fearlessly and never hold back. She realized she was not living fearlessly and is holding back. Councilmember Williams reflected on law school and becoming a community leader.

Councilmember Scott Tonnesen reported on attending the League of California Cities where he shared ideas with other cities' mayors and councilmembers.

Councilmember Doug Carr reported on the H.O.P.E. event taking place on May 6, 2026, from 10 a.m. to 2 p.m. at the Liberty Church located on 2461 N. Texas Street. There will be resources on food, clothing, showers, and much more. Councilmember Carr also spoke about the Travis Air Force Base (TAFB) Air Show and how wonderful it was but it was very windy. He also stated that May 7 is his wife's birthday and wanted to wish her a happy birthday.

Councilmember Doriss Panduro also reported on the TAFB Air Show and saw the Thunderbirds. Councilmember Panduro spoke that a home town hero Fire Captain Francisco Trujillo was selected to ride in Thunderbird #8. She spoke about how CAP Solano 1

is in the process of searching for an executive director. They are also in the process of conducting an RFP for a coordinated entry system called Abode. FSUSD quarterly meeting.

August 8 is the Back to School Resource Fair at St. Mark's from 9:30 a.m. to 3:30 p.m. and they are accepting volunteers, donations, and sponsors. She stated that today is Cinco de Mayo which commemorates the Mexican army's unexpected 1862 victory over French forces at the Battle of Puebla.

Vice Mayor Pam Bertani reported that the Fairfield CAN is having a National Day of Prayer event on May 7 from 12-1 p.m. in the courtyard area in City Hall. There will be a Public Table event on May 9 at the Mankas Neighborhood Center from 10 a.m. to 12 p.m. There is a Juneteenth event on June 19 from 4-7 p.m. on the County lawn. There will also be a Band of Belivers Unity in the Community event on July 26, from 5 -7 p.m. in the civic center.

Councilmember Manveer Sandhu reported on the League of California Cities where he had the chance to speak with Assemblymember Lori Wilson about passing a state credit income tax credit for veterans so they can claim up to $20,000 and he also attended the TAFB Air Show.

Mayor Cat Moy had no report.

F. CITY MANAGER'S REPORT
City Manager David Gassaway reported on Public Employee Recognition Week.

G. CITY ATTORNEY'S REPORT
City Attorney David Lim reported at the April 21, 2026, City Council meeting, the City Council had discussions and provided direction to staff regarding the future state of the Landscaping and Lighting Maintenance Districts (LLMD) assessment refunds and that the discussion was held with a waiver of the attorney client privilege in open session. At that time, the councilmembers voted 6-1 with Councilmember Sandhu voting "no" to set the assessment rates for the upcoming 2026-2027 years for eight LLMDs to the 1996 levels.

The council discussed how much if any refunds for those eight districts which are LLMDs 1, 3, 6, 7, 8, 11, 12, and 13. The council deadlocked at that meeting 3-2-2 whether to pay a refund of the difference of the four years from the 1996 levels, a difference of the one year from the 1996 levels, or to issue a full refund. At 11:30 p.m., the council voted 7-0 unanimously to continue the item to the May 5, 2026, City Council meeting, but also instructed the city attorney to set the matter for close session on May 5, 2026, at 5 p.m.

At 5:00 p.m. the City Council met in closed session and had a discussion to continue to see if they could break the deadlock on how much to issue for the refund on a vote of 5-2 (Mayor Moy and Vice Mayor Bertani voting no) with a motion by Councilmember Tonnesen, seconded by Councilmember Carr, the motion provide a refund difference of four years from the current levels minus the 1996 assessment levels. To clairfy that the refund difference that the council authorized is going to be automatic. There is not going to be a need for any residents in those eight LLMDs to submit any requests for a refund.

They will receive the difference for the four years of the current rates for those years 2

minus the 1996 assessment levels.

Mayor Moy stated that item M.3 is pulled because it was resolved in closed session. She also stated that if residents applied to receive the full refund, they will receive the full refund, but residents will automatically receive the full refund. There will also be a simple form to fill out on the City's website along with FAQs.

H. CITY CLERK'S REPORT
Deputy City Clerk Esther Beavers reported that there are currently three seats open on the Planning Commission and encouraged residents to apply. The deadline is June 5, 2026.

There is also a seat open for District 2 on the Landscape Oversight Committee and several seats open on the Youth Commission. Please apply at fairfield.ca.gov/apply. Deputy City Clerk Beavers also mentioned that May is Mental Health Awareness Month and the first week of May is Professional Municipal Clerks Week.

PRESENTATIONS

1.1 Employee Recognition Ceremony Presented by Assistant City Manager/Human Resources Director Farbod Pirouzmand
Assistant City Manager/Human Resources Director Farbod Pirouzmand provided a presentation on the Employee Recognition Ceremony.

J. PUBLIC COMMENTS
Rick Johnson spoke about the Vista Ridge Debt Structure.

Patrick Williams spoke about Councilmember K. Patrice Williams.

Sahej Takar spoke about the Tobacco Retail License Resolution.

K. CONSENT CALENDAR
Councilmember Carr made a motion to approve the Consent Calendar. Councilmember Panduro seconded it. Motion carried unanimously (7-0).

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

Motion Carried
K.1 Resolution 2026-67 HD Committing $850,000 in HOME funds and Increasing Housing Trust Fund Commitment from $1,000,000 to $1,150,000 for the Tabor Commons Project
Adopt resolution.
3

K.2 Resolution 2026-68 CD Operating Memorandum No. 1 with One Lake Holding, LLC for Vanden Road Improvements
Adopt resolution.

K.3 Resolution 2026-69 PW Canon Station Planning Area 5 — Neighborhood J & K-2 Subdivision Acceptance
Adopt resolution.

K.4 Resolution 2026-70 PW Construction Contract for the East Tabor Avenue/Tolenas Road Safe Routes to School and Sidewalk Gap Closure Project Adopt resolution
K.5 Resolution 2026-71 PW Markeley Lane Reconnection Project PSA Amendment No. 2 for NEPA Clearance
Councilmember Sandhu asked to pull Item K.S. Item K.5 was pulled from consent calendar and considered separately.

Councilmember Sandhu requested this item to be pulled out of the Consent Calendar. He asked about the status of the Markeley Lane Project. Public Works Director Sanjay Mishra stated that the next step is land acquisition and environmental study. Councilmember Sandhu asked about the timeline of completion of this project and Public Works Director Mishra responded that the environmental study typically takes about 6-8 months and land acquisition is dependent on the land owners. Mayor Mot spoke about the importance of this project and needing it to be completed for emergencies.

Councilmember Sandhu made a motion to approve the resolution. Mayor Moy seconded it. Motion carried unanimously (7-0).

Moved by: Councilmember Sandhu
Seconded by: Mayor Moy
Adopt resolution.

Motion Carried
L. PUBLIC HEARINGS
L.1 Resolution 2026-72 HD Fiscal Year 2026-2027 Annual Action Plan Management Analyst Miesha Garnett provided a presentation on the Fiscal Year 2026-2027 Community Development Block Grant Annual Action Plan. Mayor Moy opened the Public Hearing. There were no public comments. Mayor Moy closed the Public Hearing.

Ell

Vice Mayor Bertani made a motion to approve the resolution. Councilmember Sandhu seconded it. Motion carried unanimously (7-0).

Moved by: Vice Mayor Bertani
Seconded by: Councilmember Sandhu
Hold a public hearing and adopt resolution.

Motion Carried
M. NEW BUSINESS
M.1 CD Contract Negotiations with the Downtown Theatre Foundation for the Arts Director of Community and Economic Development Dave Zellers provided a presentation. There were no public speakers.

Councilmember Carr made a motion and Councilmember Panduro seconded for the Downtown Theatre Foundation for the Arts to have a three year contract with an option for two 18 months extensions with detailed annual reports. Motion carried 6-1 with Councilmember Williams voting "no."
The council unanimously agreed to have two City staff become members of the DFTA board and report back to council.

M.2 PW Proposition 218 Balloting Process in Landscape and Lighting Maintenance District No. 13 — North Cordelia and Recognize the Green Valley Community Landscape Group as a Primary Community Liaison
Senior Management Analyst Chris Lewis provided a presentation.

Nora Dizon spoke on this item.

Motion by Williams, Second by Bertani to support efforts of Green Valley Community Landscape Group. Motion carried unanimously (7-0). The council unanimously applauded the success of the Green Valley Community Landscape Group as a primary community liaison.

M.3 Continuation from April 21, 2026: CM Discussion and Direction Regarding the Future State of Landscaping and Lighting Maintenance Districts and Assessment Refunds
This item was pulled as it was resolved during Closed Session and announced out during City Attorney reports.

M.4 Receive and File Presentation on Vista Ridge Appraisal Director of Housing Services LaTanna Jones provided a presentation. 5

Rick Johnson, Elaine Gatka, Nora Dizon, Sue Campbell, and Carol Haddock spoke on this item. City Attorney Lim recused himself from the chamber pursuant to State Bar Rule 4.2 during comments by Ms. Haddock since she is Plaintiff in active litigation against the City.

Vice Mayor Bertani stated that the appraisal is new information that was important to the vote that was made in November 2025 City Council meeting and requested that the vote for Vista Ridge need to be reconsidered by the council.

City Attorney Lim warned council that the City is currently in active litigation in regards to Vista Ridge under the matter of Tan vs Haddock vs the City of Fairfield and urged the council to table this matter and go into closed session.

Mayor May is agendizing the reconsideration of the Vista Ridge project in a future City Council meeting.

The City Council went into closed session at 8:30 p.m. and came out of closed session at 8:56 p.m. and the city attorney had nothing to report out.

Mayor May is agendizing the reconsideration of the Vista Ridge Project and reviewing all the new material that was released in a future City Council meeting.

She also submitted a Public Records Act (PRA) request for the bod cam footage of the code enforcement officer who attended the inspection at the Sure Stay Hotel before it was appraised or during the time it was appraised.

N. ADJOURN
Mayor Moy wished her daughter Zen happy birthday. Mayor Moy adjourned the meeting at 8:59 p.m.

Mayor
City Clerk
0

CITY OF FAIRFIELD

CITY COUNCIL MINUTES
May 19, 2026, 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
Councilmember Scott Tonnesen called the meeting to order at 6 pm.

B. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, and K.

Patrice Williams. Mayor Moy, Vice Mayor Bertani, and Councilmember Sandhu were absent.

C. INVOCATION - Pastor Donato Powell of Fairfield Church of Christ Pastor Donato Powell of Fairfield Church of Christ gave an invocation.

RECESS TAKEN - 6:08 p.m.

Councilmember Tonnesen declared a recess after staff reported that the video feed of the City Council meeting had no audio. Recess declared to allow audio to be restored.

MEETING RESUMED - 6:27 p.m.

Audio still not restored to video feed, but Pledge of Allegiance, City Council reports, ceremonial proclamations, and ceremonial swearing in of Youth Commissioner were done (Items D, E, F, G, H, and 1).

D. PLEDGE OF ALLEGIANCE
Councilmember Carr led the Pledge of Allegiance.

E. COUNCIL REPORTS
Councilmember Panduro reported that recruitment started today for the Social Services Manager job at CAP Solano JPA. The deadline to apply is June 1, 2026 at www.solanocounty.gov . The next CAP Solano JPA Board meeting is May 28 at 6:30 pm at Solano County Events Center. Lastly, she reported that she attended the recent Farmers Market in downtown Fairfield (Thursdays, 3 - 7 pm). She shared that there is a honey vendor, bread vendor and an "egg lady!"
1

Councilmember Carr encouraged people to attend the next quarterly Homeless Roundtable happening July 22, 2026, at Willow Hall, Fairfield Community Center. He shared that the Octo Soccer Complex walking trail is now open along the perimeter of the park and dogs are allowed.

Councilmember Williams thanked CNN commentator and best-selling author Van Jones for his participation in an exclusive evening reception and conversation in support of her reelection campaign for District 1. She invited the community to attend her Read Along event at the Cordelia Library on Saturday, May 30, from 10 a.m. to noon, which includes snacks, books, and literacy.

Councilmember Tonnesen shared that he is pleased the weekly Farmers Market is back and suggests arriving early to purchase bread as they sell out fast! F. CITY MANAGER'S REPORT
City Manager David Gassaway reported it's National Public Works Week and he thanked the entire department for their dedication to excellence and hard work. He said the City could not function without them and he appreciates each of them. He stated that Item

0.2 will be pulled, but that he would announce it again once the audio is working on Zoom.

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

H. CITY CLERK'S REPORT
City Clerk Karen Rees reported there are three open seats on the Planning Commission.

Applications are on city web site or interested parties can email [email protected].

Last day to apply is June 5.

I. PRESENTATIONS

1.1 Proclamation Declaring National Treatment Court Month Presented by Councilmember Doug Carr
Councilmember Carr declared it National Treatment Court Month and presented a proclamation to several members of Solano County Courts - MaDonna Garcia - Crowley, Natalie Estrada, Courtney Tindall, Lori Thompson, Karen Sheehy, Tiffani Thomas, Jennifer Artz, Russell Stephens, Cynthia Garcia, and Brian Taylor.

1.2 Proclamation Declaring Asian American, Native Hawaiian, and Pacific Islander Heritage Month Presented by Councilmember Manveer Sandhu Councilmember Doriss Panduro presented a proclamation in honor of Asian American, Native Hawaiian, and Pacific Islander Heritage Month to Superintendent Tiffany Benson of the Travis Unified School District, who was unable to attend. Clerk Rees stated she would see that Ms. Benson received the proclamation.
2

ADJOURN MEETING - 7:09 PM
On motion by Carr and seconded by Panduro and a unanimous 4-0 vote, Councilmember Tonnesen adjourned the meeting at 7:09 p.m. due to audio feed still not being restored to video feed. Items J, K, L, M. N, 0, and P continued to Tuesday, March 26, 2026 at 6:00 p.m. in the Harry T. Price Memorial Council Chamber.

J. PUBLIC COMMENTS "NOT HEARD"
K. CONVENE JOINT MEETING OF THE CITY COUNCIL AND PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT "NOT HEARD"
L. PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT CONSENT CALENDAR "NOT HEARD"
L.1 Resolution PVMMD 2026-01 PIN Granting Preliminary Approval of Fiscal Year 2026-2027 Paradise Valley Maintenance and Monitoring District Budget and Assessments
Adopt resolution.

M. RECONVENE MEETING OF THE CITY COUNCIL "NOT HEARD"
N. CONSENT CALENDAR "NOT HEARD"
To approve the consent calendar.

N.1 Resolution 2026-73 PIN EnerglIZE Transit Set -Aside Funding Lane for Phase 1A — Corporation Yard Fleet Electrification Project
Adopt resolution.

N.2 Resolution 2026-74 PIN Fiscal Year 2026-2027 Senate Bill 1 Project List Adopt resolution.

N.3 Resolution 2026-75 PIN Miracle Playsystems for the Cordelia Community Park Play Equipment Replacement Project
Adopt resolution.

N.4 Resolution 2026-76 PIN Mankas Blvd Distribution Main Replacement Award Construction Contract
Adopt resolution.

N.5 Resolution 2026-77 PW 1336 Woolner Avenue Purchase and Sale Agreement Adopt resolution.

N.6 Resolution 2026-78 PIN Preliminary Approval of FY 2026-2027 Smith Ranch Assessment District Engineers Report and Assessments
3

Adopt resolution.

N.7 Resolution 2026-79 PW Authorizing the Levy of Special Taxes Within Community Facilities District No. 1 for Fiscal Year 2026-2027 Adopt resolution.

N.8 Resolution 2026-80 PW Reimbursement Agreement for East Tabor Avenue/Tolenas Road Safe Routes to School and Sidewalk Gap Closure Project Adopt resolution.

N.9 Resolution 2026-81 PW Canon Station Planning Area 5 — Neighborhood N and M Subdivision Improvement Agreement
Adopt resolution.

N.10 Resolution 2026-82 PW Modification to the Designation of LLMD No. 13 — North Cordelia to LLMD No. 13 — Green Valley
Adopt resolution.

N.11 Resolution 2026-83 PD Restoration Family Counseling Center, Inc.

Adopt resolution.

N.12 Resolution 2026-84 HD Memorandums of Understanding Renewal for the Provision of Temporary Emergency Shelter Operations
Adopt resolution.

N.13 Resolution 2026-85 CD Professional Services Agreement with Ascent for General Plan Implementation
Adopt resolution.

N.14 Resolution 2026-86 FD Equipment Purchase for Stations 36 and 39 Adopt resolution.

N.15 Resolutions 2026-88 Through 2026-105 PW Preliminary Approval of Fiscal Year 2026-2027 Landscaping and Lighting Maintenance Districts Engineer's Reports and Assessments
Adopt resolutions.

0. NEW BUSINESS **NOT HEARD**

0.1 CM Minute Action Approving the Mayor's Appointments ** YOUTH COMMISSIONERS CEREMONIALLY SWORN IN BUT NO VOTE TAKEN ** Due to the audio technical issue, council could not vote on approval for the Youth Commissioners. But they agreed to have City Clerk Rees administer the oath as M

they were all present, along with their families. She administered the oath to the following Youth Commissioners: Renzo Arellano, Hardaman Jhaj, Andrew Lee, and Sritha Veeriah.

Approve appointments. Perform oath of office.

0.2 Resolution 2026-87 CM Addition of Property Assessor's Parcel Number 0037- 160-040 to City Council Election District 5 ** NOT HEARD ** Councilmember Tonnesen declared a conflict on this item. (Councilmember Tonnesen resides in District 2.)
Councilmember Panduro declared a conflict on this item. (Councilmember Panduro resides in District 5.)
Adopt resolution.

0.3 CM Mid -Cycle Update for City Council Fiscal Year 2025-2027 Strategic Goals and Priorities ** NOT HEARD **

0.4 PW Rockville Hills Regional Park Citizens Advisory Committee Presentation ** NOT HEARD **

0.5 FN Budget Update ** NOT HEARD **

0.6 HD Presentation and Direction for Homeless Priorities ** NOT HEARD ** P. PUBLIC HEARINGS ** NOT HEARD **
P.1 Ordinance 2026-03 PD Amending Chapter 8, Article I, Section 8.3, Chapter 56 of the Fairfield Municipal Code Regarding Explosives and Fireworks ** NOT HEARD **
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

Q. ADJOURN MEETING - 7:09 p.m.

On motion by Carr and seconded by Panduro and a unanimous 4-0 vote, Councilmember Tonnesen adjourned the meeting at 7:09 p.m. due to audio feed still not being restored to video feed. Items J, K, L, M. N, 0, and P continued to Tuesday, March 26, 2026, at 6:00 p.m. in the Harry T. Price Memorial Council Chamber.

Councilmember Tonnesen
City Clerk
5

CITY OF FAIRFIELD

CLOSED SESSION MEETING

MINUTES
May 20, 2026, 5:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
A. CALL TO ORDER 5:00 PM
Vice Mayor Pam Bertani called the meeting to order at 5:00 p.m.

C. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Manveer Sandhu (Zoom), Scott Tonnesen, and K. Patrice Williams, and Vice Mayor Pam Bertani. Mayor Catherine "Cat" Moy was absent.

D. PUBLIC COMMENTS
Elaine Gatka, Carol Haddock, Donelle Kucala, Nora Dizon, Michael Jefferson, Minnie Noble, Robert Agudo, Lisa Murphy, George Kennedy, Cathy Fuller, and Elease Cheek spoke on the quo warranto process.
��I���9�I��9��9[�I►1
F. PRESENTATIONS
F.1 Conference with Legal Counsel — Anticipated Litigation (Government Code section 54956.9(d)(2-4))
After listening to the public comments made, City Council discussed and agreed that the investigative reports, documentation, and fees should be made available for the public to review. Councilmember Carr made a motion and Vice Mayor Bertani seconded. Motion carried 6-0 to release investigative reports, documentation, and fees to the public.

Vice Mayor Bertani made a motion and Councilmember Panduro seconded to change this meeting from a Closed Session meeting to a Special City Council meeting open to the public. The motion carried 6-0.
1

Vice Mayor Bertani made a motion and Councilmember Sandhu seconded to schedule a Special City Council Meeting on June 9, 2026, at 5 p.m. to discuss the quo warranto process. The motion carried 6-0.

G. ADJOURN
The meeting adjourned at 6 p.m. at the Harry T. Price Memorial Council Chamber.

Vice Mayor
City Attorney
2

CITY OF FAIRFIELD

CITY COUNCIL MINUTES
May 26, 2026, 5:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
A. CALL TO ORDER
Mayor Catherine "Cat" Moy called the meeting to order at 5:01 p.m.

B. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, and K.

Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.

Councilmember Sandhu arrived at 5:11 p.m.

C. INVOCATION - Pastor Donato Powell of Fairfield Church of Christ No invocation was given as Pastor Powell of Fairfield Church of Christ gave the invocation on May 19, 2026. This meeting is a continuation of that meeting.

D. PLEDGE OF ALLEGIANCE
City Manager David Gassaway led the Pledge of Allegiance.

E. COUNCIL REPORTS
Mayor Moy read the following statement: This is a continuation of the meeting from last Tuesday, May 19, 2026. At that meeting, shortly after the invocation by Pastor Powell, the sound on the internet feed for the meeting went out due to a hardware failure to the sound system in Council Chambers. The City Council took a recess at 6:08 p.m. At 6:27 p.m. the City went back in session to handle the ministerial items in Items E, F, G, H, and I, the City Council and staff reports and the City Proclamations. The City also ceremonially swore in members of the Youth Commission but did not approve their formal appointments. NO FORMAL ACTION OR VOTES WERE TAKEN BY THE CITY COUNCIL.

At 7:03 p.m., the sound system was not back online, so the City Council voted unanimously 4-0 to continue the meeting to May 26, 2026.

We will now continue the meeting of May 19, 2026 at Item J - Public Comment.

F. CITY MANAGER'S REPORT
1

No action taken (announcements were made on May 19, 2026).

G. CITY ATTORNEY'S REPORT
No action taken (announcements were made on May 19, 2026).

H. CITY CLERK'S REPORT
No action taken (announcements were made on May 19, 2026).

I. PRESENTATIONS
No action taken (announcements were made on May 19, 2026).

J. PUBLIC COMMENTS
George Kennedy spoke about the Voting Rights Act. The following individuals spoke about the police incident at Fairfield High School on May 20, 2026, with 16-year old student Maurice Williams:

Lisa Romero, Pastor William L. Harris, Sarah Palomo, Alamo Brown, Golddie Williams, Lisa McGee, Datanya Washington, Rev. Dr. Ira Manning, Michelle Monterrosa, Larry Bluford, Jennie Caliri, Christian Cisneros, Rhamesha Stevenson and Will Williams (Maurice Williams' mother and father) Sequoia Williams (Maurice's stepmother), and his Uncle spoke.

Mayor Moy called for a short recess at 5:55 p.m.

Mayor Moy readjourned the meeting at 6:08 p.m.
"Volunteer", Nickie Williams, Anh Loc Harris, Kris Kelley, Kim DeOcampo, Kaylani McCard, Andrew Holiman, Berry Accius, Ricki Lassiter, David Barrozo, Gabriela Castro Diaz, Batman, Angela Dominguez, Christopher Brookbank, Mena K., Jane Sheehan, Cora Cotton, Tianna Justice C., Leon Cobb, LaTachianna Pontiflet, Najora Watley, Ana Petero, Xenia Tom, Haley, two students from Fairfield High School.

The following spoke online: Joseph Joyce spoke about third party investigations and Mayor Moy, McKenna (independent reporter) asked questions about the process, Justin Hall asked for the city's website to use larger font, and Edward (Smitty) spoke about police behavior and response.

At the conclusion of public comments, Vice Mayor Bertani asked if any items could be continued to the next meeting. City Manager Gassaway stated that Items 0.2, 0.3, and 05 would be continued to the next meeting on June 2, 2026 at 6 pm in the Harry T. Price Memorial Council Chamber.

K. CONVENE JOINT MEETING OF THE CITY COUNCIL AND PARADISE VALLEY

MAINTENANCE AND MONITORING DISTRICT
Mayor Moy called the joint meeting of the City Council and Paradise Valley Maintenance and Monitoring District to order at 8:00 pm.
2

L. PARADISE VALLEY MAINTENANCE AND MONITORING DISTRICT CONSENT CALENDAR L.1 Resolution PVMMD 2026-01 PW Granting Preliminary Approval of Fiscal Year 2026-2027 Paradise Valley Maintenance and Monitoring District Budget and Assessments
Theda Peck spoke on Item L.1. Sr. Management Analyst Chris Lewis answered questions asked by Ms. Peck and council.

Councilmember Sandhu made a motion to approve Resolution PVMMD 2026-01.

Councilmember Tonnesen seconded the motion. The motion carried 5-2, with Mayor Moy and Vice Mayor Bertani voting no.

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

Motion Carried
M. RECONVENE MEETING OF THE CITY COUNCIL
Mayor Moy reconvened the council meeting at 8:11 p.m.

There were no requests to speak on the consent calendar. Councilmember Tonnesen made a motion to approve the consent calendar. Councilmember Sandhu seconded the motion. The motion carried unanimously (7-0).

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

Motion Carried
N.1 Resolution 2026-73 PW EnerglIZE Transit Set -Aside Funding Lane for Phase 1A — Corporation Yard Fleet Electrification Project
Adopt resolution.

N.2 Resolution 2026-74 PW Fiscal Year 2026-2027 Senate Bill 1 Project List Adopt resolution.

N.3 Resolution 2026-76 PW Mankas Blvd Distribution Main Replacement Award Construction Contract
Adopt resolution.
3

N.4 Resolution 2026-77 PW 1336 Woolner Avenue Purchase and Sale Agreement Adopt resolution.

N.5 Resolution 2026-78 PW Preliminary Approval of FY 2026-2027 Smith Ranch Assessment District Engineers Report and Assessments
Adopt resolution.

N.6 Resolution 2026-79 PW Authorizing the Levy of Special Taxes Within Community Facilities District No. 1 for Fiscal Year 2026-2027 Adopt resolution.

N.7 Resolution 2026-80 PW Reimbursement Agreement for East Tabor Avenue/Tolenas Road Safe Routes to School and Sidewalk Gap Closure Project Adopt resolution.

N.8 Resolution 2026-81 PW Canon Station Planning Area 5 — Neighborhood N and M Subdivision Improvement Agreement
Adopt resolution.

N.9 Resolution 2026-82 PW Modification to the Designation of LLMD No. 13 — North Cordelia to LLMD No. 13 — Green Valley
Adopt resolution.

N.10 Resolution 2026-83 PD Restoration Family Counseling Center, Inc.

Adopt resolution.

N.11 Resolution 2026-84 HD Memorandums of Understanding Renewal for the Provision of Temporary Emergency Shelter Operations
Adopt resolution.

N.12 Resolution 2026-85 CD Professional Services Agreement with Ascent for General Plan Implementation
Adopt resolution.

N.13 Resolution 2026-86 FD Equipment Purchase for Stations 36 and 39 Adopt resolution.

N.14 Resolutions 2026-88 Through 2026-105 PW Preliminary Approval of Fiscal Year 2026-2027 Landscaping and Lighting Maintenance Districts Engineer's Reports and Assessments
Adopt resolutions.

N.15 CM Minute Action Approving the Mayor's Appointments El

Approve appointments.

0. NEW BUSINESS

0.1 Resolution 2026-87 CM Addition of Property Assessor's Parcel Number 0037- 160-040 to City Council Election District 5
In an abundance of caution, City Attorney David Lim requested Councilmembers Tonnesen and Panduro to recuse themselves, since the item pertains to Districts 2 and 5 and they are the elected representatives for those districts. Councilmembers Tonnesen and Panduro left the dais. Attorney Lim further stated that he is asking the council to approve Resolution 2026-87, adding a parcel of property to District

5. The property sits in between the two districts; however, City Elections Official/City Clerk Rees stated that more of the property abuts District 5. City Manager Gassaway concurs. There are currently no registered voters on the property in question. Under the California Elections Code 21603.A:
(a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.

Lisa Murphy spoke online on Item 0.1.

Councilmember Carr made a motion to approve Resolution 2026-87.

Councilmember Sandhu seconded the motion. The motion carried 4-1, with Mayor Moy voting no.

Councilmembers Tonnesen and Panduro returned to the dais.

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

Motion Carried

0.2 CM Mid -Cycle Update for City Council Fiscal Year 2025-2027 Strategic Goals and Priorities
Item 0.2 is continued to the next council meeting on June 2, 2026.

0.3 PW Rockville Hills Regional Park Citizens Advisory Committee Presentation Item 0.3 is continued to the next council meeting on June 2, 2026.

0.4 FN Budget Update
Director of Finance John Furtado gave a presentation.
5

Michael Rudolph spoke on Item 0.4.

City Manager Gassaway stated that Finance staff still needs to bring back a budget document for council to adopt, an expenditure plan starting July 1, 2026, for the next fiscal year as staff is making adjustments to the approved two-year budget in the mid -cycle of 2025-2026.

Councilmember Williams asked for a presentation on the condition of Neitzel Road and surrounding area. She visited the area with the HEART and HIT teams last year and she saw a lot of debris being pulled out of the creek, which is an environmental health concern. City Manager Gassaway stated that it is not currently a project for Public Works, and therefore, it is not budgeted. However, if council determines it needs to be, staff can then decide to prioritize it as there is a current list of projects that need to be completed.

No action taken. Information item only.

0.5 HD Presentation and Direction for Homeless Priorities Item 0.5 was continued to the June 2, 2026, council meeting.

P. PUBLIC HEARINGS
P.1 Ordinance 2026-03 PD Amending Chapter 8, Article I, Section 8.3, Chapter 56 of the Fairfield Municipal Code Regarding Explosives and Fireworks Police Sergeant Derrick Fok gave a presentation. Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.

Vice Mayor Bertani made a motion to waive the full reading, read by title only, and introduce Ordinance 2026-03 for first reading. Councilmember Tonnesen seconded the motion. The motion carried unanimously (7-0).

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

Motion Carried
Q. ADJOURN
Mayor Moy adjourned the meeting at 9:23 p.m. The next meeting is scheduled for Tuesday, June 2, 2026, 6 pm, at the Harry T. Price Memorial Council Chamber. 6

Mayor
City Clerk

Agenda Item No: J.2
I//rrr

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-148 CM Mayor's Appointments and Recommendations 2026 Approving Mayor's Revised Appointments and Recommendations for the Calendar Year 2026 Funding Source: N/A
Contact: Karen Rees, (707) 428-7767

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Former Mayor Catherine "Cat" Moy resigned on June 9, 2026, and the appointment list needs to be revised with the newly appointed Mayor Rick Vaccaro to attend all the different committee and boards that the Former Mayor Moy attended. The City Council must approve the recommendations by resolution.

DISCUSSION
The revised appointment list for 2026 is attached for review.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose to discuss other alternative appointments to certain committees and commissions.

COORDINATED WITH
N/A

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

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Revised List of Appointments

CITY OF FAIRFIELD
RESOLUTION NO. 2026-148

APPROVING THE MAYOR'S REVISED APPOINTMENTS AND RECOMMENDATIONS FOR THE CALENDAR YEAR 2026
WHEREAS, the mayor recommends which councilmembers will serve on outside committees and commissions for the calendar year 2026; and
WHEREAS, Former Mayor Catherine "Cat" Moy resigned on June 9, 2026, and the appointment list needs to be revised with the newly appointed Mayor Rick Vaccaro.

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

Section 1. The City Council hereby approves the mayor's appointment recommendations in Exhibit A.

PASSED AND ADOPTED this 7th day of July 2026, by the following vote:

AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESE N/WILLIAMS ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

Association of Bay Area Governments Executive
Committee
Capitol Corridor Joint Powers of Authority (JPA)
**FORM 700**
City Council Appointments Committee
City Council Audit Committee
City Council Honors Committee
City Council Legislative Review Committee
City/County Coordinating Council (4Cs)

CITY OF FAIRFIELD
Appointments to Outside Commissions and Committees
2026
Rick Vaccaro Bimonthly
Rick Vaccaro 3rd Wednesdays of Feb, April,
June, Sept, and Nov
Doriss Panduro and Pam As needed to interview
Bertani commission and committee
applicants
Pam Bertani and Scott As needed
Tonnesen
Doug Carr and Manveer As needed
Sandhu
Pam Bertani and Doug Quarterly, TBD
Carr
Rick Vaccaro As needed
City/Schools (FSUSD) Ad Hoc Committee K. Patrice Williams and Quarterly, 5 p.m., Sullivan **FORM 700** Doriss Panduro Interagency Youth Center
Community Action Partnership Joint Exercise of Board Member: Doriss Zoom Powers (CAP Solano JPA) **FORM 700** Panduro
Alternate: Doug Carr
Consolidated Transportation Service Agency
(CTSA)-STA
Delta Protection Commission
Fairfield -Suisun Sewer District Board
**FORM 700**
Rick Vaccaro As needed
Alternate: Rick Vaccaro Monthly, 5 p.m., 1450 Halyard Dr Suite 6, West Sacramento
District Directors: Rick
4th Mondays, 6 p.m., Fairfield-
Vaccaro, Scott Tonnesen,
Suisun Sewer District, (no
Doriss Panduro, K.
meeting in February, August, and
Patrice Williams, Doug
December
Carr
Alternate: Pam Bertani
& Manveer Sandhu
Mayor
Mayor
2 members per
year/ rotate term:

Anyone from
Council
Anyone from
Council
Anyone from
Council
Solano County
Mayors and Board
of Supervisors
Anyone from
Council
Councilmembers
No
No
No
No
No
No
1/1/2026-
12/31/2026
1/1/2026 -
12/31/2026
1/1/2026 -
12/31/2026
1/1/2026 -
12/31/2026
1/1/2026 -
12/31/2026
1/1/2026 -
12/31/2026
1/1/2026 -
1/31/2027
1/1/2026 -
12/31/2026
Two year term:
7/1/2024-
6/30/2026
Reso 2024-138
Mayor No 1/1/2026 -
12/31/2026
Mayor No 5/1/2026 -
5/1/2028
Mayor and Council $152.77 up to 6 meetings per Serve 2 year month terms
(1/1/2026-
12/31/2027)

CITY OF FAIRFIELD
Appointments to Outside Commissions and Committees
2026
Fairfield -Suisun Sewer District Executive Scott Tonnesen and Committee Doriss Panduro
Governing Board of the Tri-City and County K. Patrice Williams, Cooperative Planning Group for Open Space and Alternate: Doriss Agricultural Preservation (Solano Open Space) Panduro
**Form 700**
League of California Cities Voting Delegate
Marin Clean Energy Board of Directors
North Bay Division of the League of CA Cities
Executive Committee
Regional 2x2 Homeless Committee
Solano County City Selection Committee
Solano County Mayors Committee
Solano County Water Agency (SCWA)
**FORM 700**
Solano County Water Agency (SCWA)
Legislative/Water Policy Committee
Solano County Water Agency Water Policy
Subcommittee (to SCWA)
Doriss Panduro,
Alternate: Scott
Tonnesen
Director: Manveer
Sandhu
Alternate Director:

Doriss Panduro
Rick Vaccaro
Doriss Panduro and
Doug Carr
Rick Vaccaro
Rick Vaccaro
3rd Mondays, 4:30 p.m., Fairfield- Mayor and Council No Suisun Sewer District (No meeting
in February, August, and
December)
Quarterly, TBD Anyone from No
Council
Serve 2 year
terms
(1/1/2026-
12/31/2027)
1/1/2026 -
12/31/2026
Annually at the Cal Cities Annual Anyone from Yes - conference registration N/A Conference & Expo Council varies annually
3rd Thursdays of the month at 7 Anyone from
p.m. Council
Zoom - Monthly Mayor
Every other month, dates vary Anyone from
Council
Zoom - Quarterly Mayor
Zoom - Quarterly Mayor
Doriss Panduro 2nd Thursday of the month, 6:30 Mayor and Vice - Alternate: Rick Vaccaro p.m., 810 Vaca Valley Parkway, Mayor Suite 203, Vacaville
Doriss Panduro Mayor and Vice -
Mayor
Doriss Panduro 2"d Monday every other month, Mayor and Vice - Alternate: Rick Vaccaro 9:30 a.m., Room 6003 County Mayor Building

No
Serve at the
pleasure of the
governing
bodv.

No
1/1/2026 -
12/31/2027
No
Serve 2 year
terms
(1/1/2026-
12/31/2027)
No
1/1/2026 -
12/31/2026
No
1/1/2026 -
12/31/2026
$100 per mtg; max $200 per
1/1/2026 -
month. Milage to meeting
12/31/2026
paid.
1/1/2026 -
12/31/2026
Not a mandatory meeting,
1/1/2026 -
however, this is a "paid to
12/31/2026
attend meeting" for SCWA
(up to $200 a month); The
mayor and councilmember on
the SCWA Board can get paid
2of5

Solano Consolidated Oversight Board

CITY OF FAIRFIELD
Appointments to Outside Commissions and Committees
2026
Primary Representative: 2nd Thursdays of Jan, May, and
Rick Vaccaro Sept.

Solano EDC Board
Rick Vaccaro
Alternate: Scott
Tonnesen
Solano Transportation Authority (STA)
Rick Vaccaro
**FORM 700**
Alternate: K. Patrice
Williams
STA Active Transportation Committee
Rick Vaccaro
Alternate: K. Patrice
Williams
STA Arterials, Highways, and Freeways Committee
Rick Vaccaro
STA State Route (SR) 12 Steering Committee
Rick Vaccaro
STA Transit & Rideshare Committee
Rick Vaccaro
Travis Regional Armed Forces Committee (TRAFC)
Rick Vaccaro
Alternate: Scott
Tonnesen
Travis Unified School District Committee
Manveer Sandhu and
Pam Bertani
No
1/1/2026-
12/31/2026
2nd Thursday — Odd months, 9 Mayor No 1/1/2026 -
a.m., Jelly Belly Visitors Center 12/31/2026
Berry Blue Room
2nd Wednesday of the month (no Mayor and Vice- $100 per mtg; max $200 per 1/1/2026 - meeting in August), 6 p.m., Suisun Mayor month 12/31/2026 City Hall
None scheduled Anyone from No
Council
None scheduled
Mayor No
None scheduled
Mayor
None scheduled
Mayor
3rd Monday of the month at 12
Mayor and
p.m., location varies
Alternate
Quarterly, TBD
No
No
$150 annual membership fee No terms
Anyone from No
Council
1/1/2026 -
12/31/2026

3of5

CITY OF FAIRFIELD
Appointments to Outside Commissions and Committees

STAFF BASED COMMITTEES
Housing First Solano Continuum of Care Samantha Burrows, Zoom - Every 3rd Wednesday of
Homeless Services
No
Appointed,
Board (for CAP Solano JPA)
Alternate: April Cobb
the month
Manager
Reso. 2023-256
Technical Advisory Committee (for CAP
Samantha Burrows,
Zoom
Homeless Services
No
Appointed,
Solano JPA)
Alternate: April Cobb
Manager
Reso. 2023-208
STA Regional Transportation Impact
Sanjay Mishra
As needed
Director of Public
No
Ad Hoc staff
Fee (RTIF) Working Group
Works
based
commitee
STA Solano Express Intercity Transit
Shaun Vigil/Sanjay
Last Tuesday of each month
Fairfield and
No
Staff based
Consortium
Mishra
Suisun Transit
committee
emolovee
STA Technical Advisory Committee
Sanjay Mishra
Last Wednesday of each month/
Director of Public
No
Staff based
(TAC)
Works
committee

CITY OF FAIRFIELD
Appointments to Outside Commissions and Committees

RESIDENT BASED COMMITTEES
Solano County Mosquito Abatement June Johnsen Second Monday every month.

District Board of Trustees Meetings are held at the District office, 2950 Industrial Court,
Fairfield at 7:30 o.m.

Solano Commission for Women and Rebecca Baldridge Third Thursday of each month. 6- Girls 8 p.m. County Administration
Building, Multipurpose Room,
675 Texas St., Fairfield
Solano County Airport Land Use Stephen Vancil Second Thursday of each month; Commission 7 p.m. at the Solano County
Board of Supervisors Chambers
Fairfield resident Receive an in lieu travel 1/1/2026 - expense of $100 for attending 12/31/2029
each regularly scheduled
board meeting.

Fairfield resident No 1/1/2026 -
12/31/2027
County resident No 5/8/2022 -
5/4/2026

Agenda Item No: J.3
I//r
Oit
F

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-149 CM Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act
Adopting the Reasonable Accommodation Policy for Public Participation at Meetings Subject to the Brown Act and the Legislative Body Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act
Funding Source: N/A
Contact: David Lim, (415) 421-8484

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The purpose of this resolution is to adopt this reasonable accommodation policy for public participation is to ensure compliance with the Brown Act and codify the procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities. nlCrl ICCInN
On October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707), which amends the Brown Act with the intent to diversify and increase public engagement during local government meetings of legislative bodies. Among the various new requirements of SB 707, all qualified legislative bodies must provide two-way remote public access to meetings (through a two-way phone or video platform).

SB 707 updates Section 54953 of the Brown Act to allow members of legislative bodies with disabilities to participate in meetings remotely as a reasonable accommodation. (See Government Code Section 54953(c)). If such an accommodation is granted under this new provision, remote participation due to a disability will be treated as in -person attendance at the physical meeting location for all purposes, including for the purpose of reaching a quorum. The

traditional teleconference requirements of posting the address of the teleconference location and allowing public participation from the teleconference location do not apply if the member of the legislative body has a disability for which remote participation is allowed.

The purpose of the Legislative Body Reasonable Accommodation Policy for Remote Participation is to ensure compliance with the Brown Act and to provide a written procedure for receiving and swiftly resolving reasonable accommodation requests for members of the City of Fairfield legislative bodies, consistent with the Brown Act and federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). This policy will enable participation in legislative body meetings through remote participation for a qualifying individual whose disability precludes their in -person attendance at a meeting of their legislative body.

Additionally, Government Code Section 54953.8, subdivision (b), requires that all public agencies have and implement a written procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. Requests may be made by any individual that participates or conducts the meeting, such as members of the public, staff, and members of the legislative body. Consequently, staff is proposing a formal Reasonable Accommodation Policy for Public Participation at Meetings Subject to the Brown Act. The City currently handles reasonable accommodation requests through a notice on the City's agendas. This policy intends to provide more information to members of the public seeking a reasonable accommodation.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may decline to adopt the Reasonable Accommodation Policy for Public Participation at Meetings Subject to the Brown Act and the Legislative Body Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act.

COORDINATED WITH
City Attorney's Office

STAFF CONTACT
David Lim, City Attorney
(415) 421-8484
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

Attachment 3: Reasonable Accommodation Policy for Public Participation at Meetings Subject to the Brown Act
Attachment 4: Legislative Body Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act

CITY OF FAIRFIELD
RESOLUTION NO. 2026-149

ADOPTING A REASONABLE ACCOMMODATION POLICY FOR PUBLIC PARTICIPATION AT

MEETINGS SUBJECT TO THE BROWN ACT AND A LEGISLATIVE BODY REASONABLE

ACCOMMODATION POLICY FOR REMOTE PARTICIPATION AT MEETINGS SUBJECT TO THE

BROWN ACT
WHEREAS, the City of Fairfield is committed to fostering access to and participation in public meetings; and
WHEREAS, the Ralph M. Brown Act, commonly known as the "Brown Act," is California's "sunshine" law for local government. The Brown Act is found in the California Government Code, commencing with Section 54950. In 2025, the California Legislature passed Senate Bill 707 (SB 707), which enacted an extensive modernization of the Brown Act; and WHEREAS, the Brown Act requires the City of Fairfield to have and implement a written procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132), and resolving any doubt in favor of accessibility; and WHEREAS, the purpose of this reasonable accommodation policy for public participation is to ensure compliance with the Brown Act and codify the procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities; and WHEREAS, SB 707 updated Section 54953 of the Brown Act to allow for members of legislative bodies with disabilities to participate in meetings remotely as a reasonable accommodation; and WHEREAS, the purpose of this legislative body reasonable accommodation policy is to ensure compliance with the Brown Act and enable participation in legislative body meetings through remote participation for a qualifying individual whose disability precludes their in -person attendance at a meeting of their legislative body.

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

Section 1. The City Council hereby adopts:

1. The Reasonable Accommodation Policy for Public Participation at Meetings Subject to the Brown Act, attached hereto as Exhibit A, and

2. The Legislative Body Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act, attached hereto as Exhibit B.

RES. NO. 2026-149

PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:

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

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

REASONABLE ACCOMMODATION POLICY FOR PUBLIC PARTICIPATION AT

MEETINGS SUBJECT TO THE BROWN ACT
Background and Purpose
Government Code Section 54953.8(b)(8) of the Ralph M. Brown Act, commonly known as the "Brown Act," requires that all public agencies have and implement a written procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the federal Americans with Disabilities Act ("ADA") of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

Requests may be made by any individual that participates in or conducts the meeting, such as members of the public, staff, and members of the legislative body. Requests, however, for members of the legislative body for remote participation at meetings subject to the Brown Act should refer to the separate policy adopted by the City of Fairfield (the ity .

The purpose of this policy is to ensure compliance with the Brown Act and to provide a written procedure for receiving and swiftly resolving reasonable accommodation requests for public participation at City of Fairfield meetings subject to the Brown Act, consistent with the ADA, and resolving any doubt in favor of accessibility.

Readily Available Accommodations
Any of the following accommodations can be provided for a publicly -noticed City meeting or meetings open to the public pursuant to the Brown Act, upon request:
• Agendas and staff reports: Upon request, any agendas or staff reports can be made available in appropriate alternative formats to persons with a disability, including hyperlinks where appropriate so that the user can access the linked information.
• For individuals with hearing loss: Qualified interpreters on -site; assistive listening devices; or voice and video -based telecommunications products and systems. • For individuals with visual impairments: Qualified readers; audio recordings; or large print materials. Electronic agendas should be compatible with the screen readers that are commonly used by those who are visually impaired. • For individuals with mobility impairments: ADA accessible facilities, including ramps to access council chambers; Zoom/telephone access.

Additional Accommodations (Upon Request)
Individuals who are deaf or hard of hearing, who are blind or have low vision, have mobility impairments, or have any other disability, may also request accommodations other than those readily available using the process outlined below. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. Note that an accommodation will be considered

to be unreasonable and will not be provided if it imposes undue financial or administrative burdens on the City, or requires a fundamental alteration in the nature of a program. If a particular accommodation is unreasonable, the City will offer an alternative accommodation that is reasonable.

Process to request an additional accommodation:

1. If you have an additional accommodation that is not identified above, please submit a request for such accommodation as soon practicable and at least 48 hours prior to the meeting or time when services are needed. The sooner the request is made, the more likely it is that the City can provide the accommodation or an alternative. You can make this request yourself, or someone can make it on your behalf with your permission.

2. Your request can be made orally or in writing, and you should submit it to the City Clerk's Office so as to avoid delay in reviewing and processing the request.

Requests can be made by contacting City Hall at (707) 428-7384, via email to cityclerk(a)fairfield.ca.gov, or by mailing such a request to the City Clerk's Office at 1000 Webster Street, 4th Floor, Fairfield, CA 94533. Note that if you contact the City Clerk's Office via mail, you need to make the request early enough that a response can be timely provided.

3. Your request for an accommodation must provide the following information:
(a) What accommodation are you seeking? The City needs to know the type of accommodation you are seeking, and/or how the accommodation will allow you to access and participate in the meeting. You are not required to disclose the particular disability; a general statement of explanation will suffice. You may, but are not required to, submit a letter from a physician to the effect that the requested accommodation is required for you to access and participate in the meeting. (b) What is your contact information? You must give staff current contact information so they can respond in a timely manner. This can be a mailing address, an email address, or telephone number, for example. Note that if only a mailing address is provided, you need to make the request early enough that a mailed response can be timely provided.
(c) Which meeting or meetings? Please specify if the accommodation is requested for a specific meeting, or for all or a series of meetings before a particular body. Please provide the name of the legislative body (for example, the City Council, the Planning Commission), and the dates of the meeting or meetings for which you are requesting an accommodation.

Procedures for City Staff:

1. Any staff member who receives, or believes they may have received, an accommodation request, will promptly relay the request and the requestor's contact information to the City Clerk's Office.

2. The City Attorney's Office may be requested to assist in the review of requests and assist staff in providing a response to the requestor as soon as practicable.

3. All reasonable accommodation request responses shall be provided in writing, when such written response can be transmitted in a timely manner prior to the start of the specific meeting. Otherwise, the response will be provided orally. Responses will identify whether the accommodation is granted or granted in the alternative, and any instructions necessary to access the accommodation. If denied, the response will identify the grounds for denial. City staff will document requests and responses provided orally.

4. The law requires that all doubt be resolved in favor of accommodations.

Staff will make reasonable efforts to communicate with requestors to obtain clarifications or to discuss whether alternative accommodations will be viable.

LEGISLATIVE BODY REASONABLE ACCOMMODATION POLICY FOR REMOTE

PARTICIPATION AT MEETINGS SUBJECT TO THE BROWN ACT
Background and Purpose
The Ralph M. Brown Act, commonly known as the "Brown Act," is California's "sunshine" law for local government. The Brown Act is found in the California Government Code commencing with Section 54950. In 2025, the California Legislature passed Senate Bill 707 ("SB 707"), which was signed into law on October 3, 2025 and is effective January 1, 2026. SB 707 enacted an extensive modernization of the Brown Act.

SB 707 updates Section 54953 of the Brown Act to allow for members of legislative bodies with disabilities to participate in meetings remotely as a reasonable accommodation. (See Government Code Section 54953(c).) If such an accommodation is granted under this new provision, remote participation due to a disability will be treated as in -person attendance at the physical meeting location for all purposes, including reaching a quorum. The traditional teleconference requirements of posting the address of the teleconference location and allowing public participation from the teleconference location will not apply.

The purpose of this policy is to ensure compliance with the Brown Act and to provide a written procedure for receiving and swiftly resolving reasonable accommodation requests for members of the City of Fairfield (the "City") legislative bodies, consistent with the federal Americans with Disabilities Act ("ADA") of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. This Policy aims to enable participation in legislative body meetings through remote participation for a qualifying individual whose disability precludes their in -person attendance at a meeting of their legislative body.

Requests for Reasonable Accommodation
Definitions. As used in this policy, "Member" means any individual who is a member of the Fairfield City Council or a member of any commission of the City of Fairfield, whose meetings are subject to the Brown Act.

Procedure. A Member who desires to attend meetings remotely because of a qualified disability shall make an accommodation request in writing to the City's Director of Human Resources ("Director"). The request should include a written statement that the Member requires remote participation under this this Policy because of their disability. The Member is not required to disclose the particular disability. The request shall be made at least three weeks before the meeting for which the Member first seeks accommodation.

If the City maintains a "Reasonable Accommodation Form," the request shall be made on such form.

Interactive Process. The Director is authorized to make reasonable inquiries about the Member's need for accommodation, to conduct the necessary case -by -case inquiry into the request and to accommodate a qualifying disability, consistent with applicable law.

The City may require additional information, such as a medical provider's certification of the existence of a qualifying disability and the need for the accommodation to attend remotely. The City may not ask the Member or their medical provider to disclose a

specific diagnosis. The Director will inform the Member, the City Manager, and the City Clerk of the decision on the request for reasonable accommodation in writing.

An approved reasonable accommodation for remote access attendance at public meetings shall be in effect for the period of time that the Member's disabling condition continues, and the decision of the Director shall reflect this determination.

Confidentiality. All information regarding a Member's claimed disability or medical information must be kept confidential and maintained in a separate medical file by the Director. Such information may be disclosed in limited circumstances, such as to first aid and safety personnel, when appropriate, to government officials investigating compliance with the ADA, or to City staff trained on and entrusted with the handling of confidential medical information, if such disclosure is necessary to effectuate the reasonable accommodation.

Member's Resaonsibilities Under the Brown Act:

If the accommodation for remote participation is granted, the Member is required to comply with the applicable provisions of Government Code Section 54953(c) as follows:

1. The Member shall participate through both audio and visual technology, except that any Member with a disability, as defined by California Government Code Section 12926 and used in Section 12926.1, or by Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera.

2. The Member shall disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the Member's relationship with any of those individuals.

Agenda Item No: J.4
I//rrr

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-150 PW Water Treatment Mixing Equipment Replacement Suspending Competitive Bidding and Authorizing the City Manager to Purchase a Replacement Mixer Gear from Veolia Water Technologies
Funding Source: $259,359; Capital Water Fund
Contact: Michael Hether, (707) 428-7493

RECOMMENDED ACTION
Approve resolution.

STATEMENT OF ISSUE
Fairfield Municipal Utility (FMU) provides water to city residents on a continuous basis and is responsible for maintaining the existing water system, as well as ensuring that it is designed to meet future growth. On May 6, 2025, the City Council adopted the Public Utility Master Plan (PUMP) through Resolution No. 2025-70 to upgrade and manage the City's aging water infrastructure. Actiflo is a critical step in the production of water at Waterman Water Treatment Plant (WTP) and used to purify drinking water and manage wastewater. The proposed purchase is necessary to ensure continued operation of the plant.

DISCUSSION
Actiflo is a high rate, water treatment process developed by Veolia Water Technologies to remove solids and other contaminants from water. It works by adding fine material that helps small particles clump together and settle out quickly, allowing the treatment process to operate efficiently.

The maturation mixer for the West Train of the Actiflo unit at WTP has experienced a catastrophic failure and must be replaced to continue operation. While the West Train is inoperable, the Actiflo process operates without redundancy. Due to the Actiflo being a custom designed unit,

the replacement mixer must also be custom fabricated to meet the unit's specific design requirements.

The City's purchasing policy generally requires procurements of this value to be obtained through a formal competitive bidding process. However, the Fairfield Municipal Code (FMC) authorizes the council to suspend competitive bidding and approve a sole -source purchase when doing so is in the City's best interest (FMC Sections 28.60 and 28.63). A sole -source procurement is necessary in this case due to the specialized and custom nature of the equipment.

Staff recommend the council adopt the attached resolution to suspend competitive bidding and authorize the purchase of the Actiflo micro -ballasted flocculation maturation mixer.

FINANCIAL IMPACT
The total authorization for the Actiflo maturation mixer is $259,358.65, which is the contract amount plus a 15% management reserve ($225,529.25 total purchase amount + $33,829.39 management reserve). Funds are budgeted in the Capital Improvement Program through the Capital Water Fund (Fund 462; CPW090029).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose to deny this purchase, which may adversely affect the treatment plant's ability to produce water.

COORDINATED WITH
N/A

STAFF CONTACT
Bryan Heinzelman, Associate Civil Engineer
(707) 434-6157
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Quote - Veolia

CITY OF FAIRFIELD
RESOLUTION NO. 2026-150

SUSPENDING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE

A REPLACEMENT MIXER GEAR FROM VEOLIA WATER TECHNOLOGIES WHEREAS, on May 6, 2025, the City Council adopted the Public Utility Master Plan (PUMP) through Resolution No. 2025-70 to upgrade and manage the City's aging water infrastructure; and
WHEREAS, Actiflo is a critical step in the production of water at Waterman Water Treatment Plant (WTP) and used to purify drinking water and manage wastewater; and WHEREAS, the West Train of the Actiflo unit had a catastrophic failure that needs to be replaced; and
WHEREAS, due to the Actiflo being a custom designed unit, the replacement mixer must also be custom fabricated to meet the unit's specified design requirements; and WHEREAS, Section 28.60 of the Fairfield Municipal Code provides that the council may suspend competitive bidding for any purchase and may enter into a contract to purchase supplies or procure general contractual services through the use of an alternative selection process after making a finding that in do so would be in the best interest of the City; and WHEREAS, Section 28.63 of the Fairfield Municipal Code provides that purchase of materials, supplies, and equipment may be made without adhering to the required procurements methods if they can only be obtained from one vendor, either because the desired materials, supplies or equipment is proprietary in nature, or because a sole sourced purchase of such items is in the best interest of the City; and
WHEREAS, the City would like to purchase the maturation mixer as it is necessary to ensure continued operation of the WTP.

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

Section 1. The council hereby suspends competitive bidding and authorizes the city manager to purchase the mixer from Veolia Water Technologies for a not to exceed amount of $225,529.25.

Section 2. The city manager is hereby authorized to execute and administer a 15% management reserve in an amount not to exceed $33,829.39 for a total authorization amount of $259,358.65.

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

RES. NO. 2026-150

PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:

AYES: MEMBERS: BERTANI/CARR/PAN DURO/SANDHU/TONNESE N/WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

Veolia Codes: PO
C) VEO�IA
QUOTE
FROM
Veolia Water Technologies, Inc.

QUOTE NO: 05282026
Alex Cabell
1500 Garner Road, Suite C
QUOTE DATE: 5/28/2026
Aftermarket Sales Manager - Actiflo Separation
Raleigh, North Carolina 27610 USA
EXPIRATION DATE: 6/22/2026
919.637.4385
PHONE 888-578-4378 FAX 919-661-4568
This quote is valid for 25 days
[email protected]
Contact Name: Stuart Hamilton
Company: Fairfield -Waterman WTP
Phone: 707.249.1235
Address: 2900 Vista Grande
Email: [email protected]
Fairfield, CA 94534-1742
Sales
Person
Job
EQUIPMENT SERIAL #.

Payment Terms

DELIVERY TERMS

DELIVERY SCHEDULE
ALC
CB640262/CS644811
OG MIXER 07DIN0353
Net 30 Days
DAP, Prepaid £t Add
Destination*
16 WEEKS ARO
QTY

PART NUMBER

DESCRIPTION

UNIT PRICE

LINE TOTAL
Lightnin Mixer: 77QP20CMX, 20 hp motor, 1200 RPM, Included adapter 1 VWT:TBD
plate to mate with existing Pedestal. Upper shaft with ridgid coupling to $195,215.81
$195,215.81
mate with exisiting tank shaft coupling.
[[Confidential, Do not share with third parties]]
ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER. SUBTOTAL $195,215.81
PRICES EXCLUDES PACKAGING, FREIGHT (INTERNATIONAL Et DOMESTIC), CUSTOMS, DUTIES, ESTIMATED FREIGHT* BROKERAGE, FEES AND APPLICABLE TAXES.
$12,500.00
$17,813.44
PRICES EXCLUDES INSTALLATION LABOR, STARTUP, 8 TRAINING CA 8.3% Sales Tax SHIPPING CHARGES ARE PREPAID AND ADDED TO THE INVOICE ORYOUR FREIGHT ACCOUNT. $225,529.25
MINIMUM ORDER $50.00. TOTAL
�TLI CCC ITCIIC IIAV DC ACCCI'TCf1 DV IAITCD AIATIlIAIAI TADICCC *If customer's shipping method is preferred (FOB), enter your freight carrier Et account number:

A SIGNED QUOTATION IS REQUIRED TO PROCESS ORDER. PLEASE SIGN BELOW.

Signed By: Date:

Click or browse to URL(s) below for applicable Terms and Conditions https://www.veol iawatertech.com/sites/g/files/dvc3601 /files/document/2025/03/Parts % 200nly % 2OTerms.pdf VEOLIA 11500ROPPIA3 f fA%igh NC 27610

C)VEOLIA QUOTE NO: 05282026
QUOTE
Company information - Please complete this section if you have not previously provided this information.

Company Name:

Shipping Address:

City/State/Zip:

Telephone number:

Fax number:
(OPTIONAL) Credit Card Section - Please complete this section if you prefer to pay by credit card.

Visa i__I MasterCard ❑ AMEX
I/We understand that the part(s), invoice(s) or sales orders(s) ordered / listed above will be charged to the credit card noted upon order acknowledgement.

Additionally, items ordered will not be processed until confirmation/authorization of charge is made. If the charge is for labor, a charge confirmation/authorization will be performed prior to labor commencement. If the credit card is denied, Veolia will notify the cardholder to obtain an alternative form of payment prior to processing the order Card Number:

Expiration Date:

Authorization (CID) #:
3 digit # located on back of card
Card Holder Name:

Card Holder Phone #:

Company Name:

Billing Address:

City/State/Zip:

My signature below is my company's acknowledgement and acceptance of this order including all stated terms and conditions, is an acknowledgement that I am authorized to sign this document on behalf of my company, and further authorizes Veolia to use the information entered in this section (if any) to process credit card payment for this order.

Signed by: Date:

Printed Name: Title:
-IF YOU SUBMIT APO, PLEASE REFERENCE VEOLIA WATER TECHNOLOGIES, INC. QUOTATION NUMBER TO PROCESS ORDER. -The Buyer is responsible for inspecting the equipment upon delivery and documenting any damage in writing on the delivery tickets. Signing delivery tickets without the notation of damage or missing items deems the equipment acceptable. -The pricing is expressly contingent upon the items in this quotation & is subject all terms stated herein, including all attached Veolia Water Technologies, Inc. Standard Terms of Sale. No additional terms contained within Owner's and/or Engineer's Plans, Specifications fc Purchase Orders shall apply to nor become a part of this Quote.
•Except in the case where there are active, applicable, and mutually executed terms and conditions in place between Veolia and Purchaser prior to issuance of this Quotation, the Parts and/or Services provided are subject to the terms and conditions linked above. These terms and conditions will not change, but please print and include with your records if necessary.

VEOLIA 11500P( &fn' f fA%igh NC 27610

Agenda Item No: J.5
I//rrr

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-151 PW Approving the Conveyance of Easements to the Fairfield - Suisun Sewer District (FSSD)
Approving the Conveyance of Easements to Fairfield -Suisun Sewer District Within Accessor's Parcel Numbers (APNs) 0166-102-080, 0170-020-140, & 0170-020-170 and Authorizing the City Manager to Execute two Easement Deeds
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield -Suisun Sewer District (FSSD) is requesting that the City of Fairfield grant a 40-foot- wide easement on City -owned properties within Assessor's Parcel Numbers (APNs) 0166-102- 080, 0170-020-170, & 0170-020-140. This easement is sought to accommodate the relocation of FSSD's 15-inch sewer line on APN 0166-102-080, as well as the 12-inch sewer line on APNs 0170- 020-140 & 0170-020-170. The proposed resolution authorizes the city manager to execute the two necessary easement deeds.
nlSrl ICCInN
On May 7, 2013, the City Council adopted Resolution No. 2013-84, approving the plans and specifications for the Peabody Road Water and Sewer Relocation Project (Project). Construction began to relocate water and sewer utilities along Peabody Road, prompting the relocation of a 12-inch and 15-inch FSSD sewer line on City -owned properties located within APN's 0166-102- 080, 0170-020-170, & 0170-020-140 (Properties). Since then, construction for the relocation of the sewer lines and subsequent on -site improvements within the Properties have been completed. As a result, FSSD requested easements from the City to allow for their continued

operation and maintenance of the 12-inch and 15-inch sewer line on the Properties. The 40-foot- wide easement will be centered on the relocated sewer lines.

The resolution will authorize the city manager to execute both easement deeds granting the easements to FSSD.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, approval may be postponed until the questions are addressed.

COORDINATED WITH
City Attorney's Office, Public Works, and Fairfield -Suisun Sewer District

STAFF CONTACT
Bryan Dumapay, Junior Engineer
(707) 428-7743
bdumapayCcOtairtield.ca.gov

ATTACHMENTS
Attachment 2: Proposed Resolution — Grant of Easement to FSSD Attachment 3: Proposed Grant of Easement (APN 0166-102-080) Attachment 4: Proposed Grant of Easement (APN 0170-020-140 and 0170-020-170) Attachment 5: Vicinity Map

CITY OF FAIRFIELD
RESOLUTION NO. 2026-151

APPROVING CONVEYANCE OF AN EASEMENTS TO THE FAIRFIELD-SUISUN SEWER DISTRICT WITHIN ACCESSOR'S PARCEL NUMBERS (APNs) 0166-102-080, 0170-020-140, & 0170-020-170

AND AUTHORIZING THE CITY MANAGER TO EXECUTE TWO EASEMENT DEEDS WHEREAS,the City of Fairfield owns fee title interest in the properties located within Solano County Assessor's Parcel Number (APNs): 0166-102-080, 0170-020-140, and 0170-020-170 (Properties); and
WHEREAS,on May 7, 2013, the City Council adopted Resolution No. 2013-84, approving the plans and specifications for the Peabody Road Water and Sewer Relocation Project (Project); and WHEREAS, the City began construction to relocate water and sewer utilities within Peabody Road which prompted the relocation of an existing 15-inch sewer line and 12-inch sewer line owned by Fairfield -Suisun Sewer District (FSSD) on the Properties; and WHEREAS, the City wishes to convey easements over the Properties to FSSD so they may continue operating and maintaining the relocated 15-inch and 12-inch sewer lines on the Properties.

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

Section 1. The council finds and determines that the recitals contained herein are true and correct.

Section 2. The council hereby approves the easement deeds and authorizes the city manager to execute the easement deeds and cause them to be recorded.

Section 3. The city manager or designee is hereby authorized to do all things necessary to implement and execute the two easement dees.

RES. NO. 2026-151

PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:

AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESE N/WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

GOV. CODE 6103

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

Fairfield -Suisun Sewer District
1010 Chadbourne Road
Fairfield, CA 94534-9700
Attn: General Manager

MAIL TAX STATEMENTS TO SAME

ADDRESS AS ABOVE
Space above this line for Recorder's Use Only
APN(s): 0166-102-080

EASEMENT DEED
For good and valuable consideration, the receipt of which is acknowledged, City of Fairfield, a Municipal corporation of the State of California ("Grantor"), grant(s) and convey(s) to Fairfield -Suisun Sewer District, a special district of the State of California ("Grantee"), a non-exclusive easement for the purpose of installing, repairing, testing, maintaining, and replacing a sanitary sewer line or lines and appurtenances of type and size to be determined in the sole discretion of Grantee, over that portion of Grantor's property fully described in Exhibit "A" and shown in the map as Exhibit "B" which exhibits are attached to and incorporated in by this reference ("Sanitary Sewer Easement"). This grant of easement includes Grantee's right to ingress and egress over Grantor's remaining property as reasonably necessary for the purpose of accessing the Sanitary Sewer Easement.

Grantor shall not place or permit any structures within the Sanitary Sewer Easement, except that Grantor may use the surface of the Sanitary Sewer Easement for placement and maintenance of landscaping other than trees, or other uses that do not in any manner interfere with Grantee's rights set forth in this easement. If Grantee must disturb or damage landscaping or other items placed or permitted by Grantor on Grantor's property in order to access or use the Sanitary Sewer Easement, Grantee shall use reasonable care to minimize such disturbance or damage and restore the surface and any disturbed landscaping or other uses to substantially the same condition that existed prior to the disturbance.

IN WITNESS WHEREOF, Grantor has executed this Easement Deed this day of , 20_.

GRANTOR:

By:

Printed:

Title:

Date:

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1180 A notary pub is or other officer completing this certificate verses ony the ident ty of the individual who signed the document to which this certificate is attached, and not the truth`u ness, accuracy, or vaidity of that document_ State of California
County of
On
Date
personally appeared
before me.

Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document_ Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Number of Pages:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:
(02015 National Notary Association • wvrvr.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed dated from
(Grantor),
a to the Fairfield -Suisun Sewer District (Grantee), a
California Special District, is hereby accepted by the undersigned officer on behalf of the Fairfield -Suisun Sewer District pursuant to authority conferred by Resolution No. 2007-33 of the Board of Directors of the Fairfield -Suisun Sewer District adopted on November 26, 2007, and the grantee consents to recordation thereof by its duly authorized officer.

Dated:

Jordan Damerel
General Manager/District Engineer
Fairfield -Suisun Sewer District

EXHIBIT "A"
Legal Description
Sanitary Sewer Easement
Being an easement 40 feet in width for sanitary sewers and all purposes incidental thereto, situate in the City of Fairfield, County of Solano, State of California, lying within a portion of Parcel 1 as shown on that certain map entitled "Parcel Map - Fairfield/Vacaville Train Station" filed for record December 23, 2019 in Book 53 of Parcel Maps at Page 08 in the office of the Solano County Recorder, said easement lying 20 feet on each side of the following described centerline:

Beginning at a point on the northerly line of Parcel One, from which point the easterly terminus of that certain course shown on said map as "S 89°47'42" E, 153.91"' bears South 89°47'42" East, 137.63 feet; thence leaving said northerly line South 00°51'50" East, 418.26 feet to a point on the southerly line of said Parcel One and the Terminus of this description; said Point of Terminus being further described as a point on the northwesterly line of Transit Center Road and a point on a curve concave southerly having a radius of 53.00 feet as shown on said map, from which the radius bears South 26°12'24" East.

The sidelines of this easement are to be shortened or extended as required so as to terminate at the northerly and southerly boundaries of said Parcel 1.

Containing 16,802 square feet, more or less.

Bearings used in this description are based upon Book 53 of Parcel Maps at Page 08, Solano County Records.

See Exhibit "B" attached hereto and by reference made a part hereof.

Ln
Q I
I
City of Fairfield
APN: 0166-102-090
n Centerline 40' Wide Sanitary Cn ZZ I PARrCi
3 PM 08 TIA/0
Sewer Easement o =
of 16,802±Square Feet o I
z N 0O
00 City of Fairfield
APN: 0166-102-080
R=310.00' PARCEL ONE
L=36.78' I 53 PM 08
D=06°47'52"
�-+ I R=208.00' --*'�%
o ti
r.; L=104.98'
O ti I D=28°55'01"
� 1
R=40.00'
� w Lo' /
O 3 0 l D=73°3939'0606" �
co
o Ln
a CDI o R=261.00'
L=16.95'CD
/
D=03°43'15"
I
20' o O ti
N I I R-53.00'
L=42.21
D=45°38'00" / C- /
Point of Terminus Q�
wl
�6`° \ / N14°55'07"W (R)
s `ter? R=57.00' JO yco 04�
L=34.17'
o V
o F D=34°20'44"
z
Point of Beginning VANDEN ROAD
S89°47'42"E _153.9191 (T_
R=15.00' I 137.63'
L=23.56'
D=90°00'03" R=32.00' -
r, I L=50.24'
C� I l I D=89°57'25"
ro
r-1I
40'
zl
ZI 0
w = I z
PLAT TO ACCOMPANY LEGAL DESCRIPTION '" ---- CMW
MOUNTAIN PACIFIC EXHIBIT Drawn Scale
SR 1"=60'
SURVEY 5
Sanitary Sewer Easement Date 02/05/2026 Sheet No.
1 1735 Enterprise Dr., Suite 109 Assessor's Parcel No. 0166-102-080 Pro . No. 1 Fairfield California 94533 City of Fairfield Solano County California 525112 of 1

GOV. CODE 6103

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

Fairfield -Suisun Sewer District
1010 Chadbourne Road
Fairfield, CA 94534-9700
Attn: General Manager

MAIL TAX STATEMENTS TO SAME

ADDRESS AS ABOVE
Space above this line for Recorder's Use Only
APN(s): 0170-020-140
0170-020-170

EASEMENT DEED
For good and valuable consideration, the receipt of which is acknowledged, City of Fairfield, a Municipal corporation of the State of California ("Grantor"), grant(s) and convey(s) to Fairfield -Suisun Sewer District, a special district of the State of California ("Grantee"), a non-exclusive easement for the purpose of installing, repairing, testing, maintaining, and replacing a sanitary sewer line or lines and appurtenances of type and size to be determined in the sole discretion of Grantee, over that portion of Grantor's property fully described in Exhibit "A" and shown in the map as Exhibit "B", which exhibits are attached to and incorporated in by this reference ("Sanitary Sewer Easement"). This grant of easement includes Grantee's right to ingress and egress over Grantor's remaining property as reasonably necessary for the purpose of accessing the Sanitary Sewer Easement.

Grantor shall not place or permit any structures within the Sanitary Sewer Easement, except that Grantor may use the surface of the Sanitary Sewer Easement for placement and maintenance of landscaping other than trees, or other uses that do not in any manner interfere with Grantee's rights set forth in this easement. Additionally, Grantor may utilize the Sanitary Sewer Easement for the construction of future roadway and right-of-way improvements including, but not limited to asphalt roadway, sidewalk, curbs, and gutters, with prior written approval of Grantee. If Grantee must disturb or damage landscaping or other improvements placed or permitted by Grantor on Grantor's property in order to access or use the Sanitary Sewer Easement, Grantee shall use reasonable care to minimize such disturbance or damage and restore the surface and any disturbed landscaping or improvements to substantially the same condition that existed prior to the disturbance.

IN WITNESS WHEREOF, Grantor has executed this Easement Deed this day of , 20_.
:-► 1 •C
By:

Printed:

Title:

Date:

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1180 A notary pub is or other officer completing this certificate verses ony the ident ty of the individual who signed the document to which this certificate is attached, and not the truth`u ness, accuracy, or vaidity of that document_ State of California
County of
On
Date
personally appeared
before me.

Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document_ Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Number of Pages:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:
(02015 National Notary Association • wvrvr.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed dated from
(Grantor),
a to the Fairfield -Suisun Sewer District (Grantee), a
California Special District, is hereby accepted by the undersigned officer on behalf of the Fairfield -Suisun Sewer District pursuant to authority conferred by Resolution No. 2007-33 of the Board of Directors of the Fairfield -Suisun Sewer District adopted on November 26, 2007, and the grantee consents to recordation thereof by its duly authorized officer.

Dated:

Jordan Damerel
General Manager/District Engineer
Fairfield -Suisun Sewer District

EXHIBIT "A"
Legal Description
Sanitary Sewer Easement
Being an easement for sanitary sewers and all purposes incidental thereto situate in the City of Fairfield, County of Solano, State of California, being a portion of the lands described in deed to Pacific Gas and Electric Company by that certain document filed for record June 30, 1975 in Book 1975 of Official Records at Page 26980 in the Office of the Solano County Recorder, and also being a portion of the lands described in deed to Pacific Gas and Electric Company by that certain document filed for record May 18, 1978 in Book 1978 of Official Records at Page 38802 in said Recorder's office, each of which is shown on that certain Record of Survey filed for record November 13, 1978, in Book 14 of Surveys, at Page 34 in said Recorder's office; and further being a portion of the lands described in deed to Hawthorne Mill Land Company, LP. by that certain document filed for record April 1, 2010 as Document Number 2010-29239 in said Recorder's office, each segment being more particularly described as follows:

Easement Segment "A": A strip of land 40 feet in width, lying equally on each side of the following described centerline:

Commencing at a point on the west line of that certain parcel identified as "Peabody Substation Addition" on said map, said point being further described as the southeast corner of that certain 60 foot wide strip designated "Vanderbilt Drive" on that certain map filed for record August 16, 1999 in Book 41 of Parcel Maps, at Page 45 in said Recorder's office; thence along the southerly right of way of said Vanderbilt Drive, North 89°48'23" West, 60.00 feet; thence leaving said southerly line, South 00°11'37" West, 239.15 feet; thence North 89°57'29" West, 22.45 feet; thence South 00°01'28" West, 72.71 feet to the True Point of Beginning; thence South 89°46'13" East, 420.96 feet; thence South 76°01'31" East,

42.53 feet to a point which for convenience is referred to herein as "Point A"; thence North 54°38'46" East, 36.77 feet to a point on the westerly line of Peabody Road as shown on said Book 14 of Surveys at

North 00°11'14" East, 33.95 feet from a 3/4" iron rod tagged L.S. 3192 marking the intersection of the northerly line of the Southern Pacific Railroad (now Union Pacific Railroad) with the west line of Peabody Road, as shown on last said map.

The sidelines of this easement are to be shortened or extended as required so as to terminate at the herein above -described boundaries.

Containing 20,008 square feet, more or less.

Easement Segment "B": A strip of land 40 feet in width, lying equally on each side of the following described centerline:

Commencing at "Point A" described herein above; thence South 00°11'14" West, 20.59 feet to a point on the southerly line of Easement Segment "A" described herein above, and the True Point of Beginning of this description; thence South 00°11'14" West, 12.96 feet to a point on the northerly right of way of the Southern Pacific Railroad (now Union Pacific Railroad) as shown on said Book 14 of Surveys at Page 34, and the Terminus of this description; said Point of Terminus being further described as lying South

55°08'45" West, 36.54 feet from a 3/4" iron rod tagged L.S. 3192 marking the intersection of the northerly line of the Southern Pacific Railroad (now Union Pacific Railroad) with the west line of Peabody Road, as shown on last said map.

The sidelines of this easement are to be shortened or extended as required so as to terminate at the northerly right of way of the Union Pacific Railroad and the southerly line of the herein described Easement Segment "A".

Containing 639 square feet, more or less.

Bearings and distances used in this description are based upon the California Coordinate System, Zone 2 (NAD83, epoch 2007.0). To obtain ground level distances multiply grid distances shown by 0.99998830.

See Exhibit "B" attached hereto and by reference made a part hereof.

VANDERBILT ROAD I
py N89°48'23"W

60.00'
--- -- P.O.C.
/ DETAIL \
N.T.S.
k
I
Point "A"
NI p
S00111114"W, 20.59' a0
'26
Lewis Land Developers, L.L.C. coo I PG&E I �� I oc
APN: 0170-250-050 � r- I APN: 0170-020-180 True Point of Beginning m I Segment "B" 20' o O
10 , .♦ / m
o I titi Q Q
W o i / a
N89°57'29"W, 22.45'
S00°01'28"W, 72.71'
True Point of Beginning
Segment "A"

MOUNTAIN PACIFIC

SU R V E Y S
1735 Enterprise Dr., Suite 109
Fairfield California 94533
0 N
I I
i I
Centerline 40' Wide Sanitary PG&E
Sewer Easement Segment "A" APN: 0170-020-190
0 20,008± Square Feet N54°38'46"E, 36.77'
Point "A" I Point of
Terminus
S89°46'13"E _ 420.96' _ _
S76°01'31"E, 42.53�_ 50033195 W
�T Approximate Future R/W
City of Fairfield
APN:0170-020-170
Lewis Land Developers, L.L.C.

I APN: 0170-020-210
Centerline 40' Wide Sanitary
Sewer Easement Segment "B"
639± Square Feet
(SEE DETAIL) , Point of
♦ Terminus

PLAT TO ACCOMPANY LEGAL DESCRIPTION

EXHIBIT B
Sanitary Sewer Easement
Assessor's Parcel No. 0170-020-140, -170
City of Fairfield Solano County California
Date
3/4 Iron Rod
per 14 RS 34
S55°08'45"W

36.54'

UNION PACIFIC

RAILROAD
ed
CMW
Scale
SR 1" = 80'
02/05/2026 Sheet No.
,. 1
525112 of 1

Agenda Item No: J.6
;�� .ti

AGENDA REPORT
DATE: July 7, 2026
TO: The Mayor and City Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-152 PW Authorizing the City Manager to Execute Amendment No. 1 with Caltrans
Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Sharing of State Highway Electrical Facilities in the City of Fairfield
Funding Source: N/A
Contact: Andrea Flores, (707) 434-3811

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City is proposing to install Rectangular Rapid Flashing Beacons (RRFB) for pedestrian crossings at three pedestrian crossings that are located at Linear Park Trail & 2nd Street, Linear Park Trail & 5th Street, and Travis Boulevard & East Bound Interstate 80 On -Ramp. The Travis Boulevard and Interstate 80 On -Ramp pedestrian crossing is located within the State of California Department of Transportation (Caltrans) right-of-way. Since the RRFB improvements will be owned, operated, and maintained by the City, an amendment to the existing Agreement for Sharing of State Highway Electrical Facilities in the City of Fairfield (Agreement) is required. nlCrl iCCInN
On August 19, 1986, the City of Fairfield adopted Resolution No. 86-247, which approved a superseding freeway maintenance agreement with Caltrans. Previously, Caltrans had identified that the existing Cost Sharing Agreement (CSA) for shared traffic signals and electrical facilities between the City and Caltrans was outdated. Additionally, Caltrans noted that the City was not sharing costs related to several other Caltrans intersections within the City. On December 6, 2022, the City Council adopted Resolution No. 2022-320, authorizing the city manager to enter

into a new CSA that supersedes the previous agreement. However, the new CSA did not include provisions regarding maintenance responsibilities for the proposed RRFB pedestrian crossings.

Subsequently, in January 2026, the City submitted a Caltrans encroachment permit application to install the improvements at the pedestrian crossings. Caltrans conducted a full review and confirmed that the RRFB pedestrian crossing improvements would be under the full maintenance responsibility of the City. As a condition of issuing the encroachment permit, the City is required to execute Amendment No. 1 to the Agreement to include the Travis Boulevard & East Bound Interstate 80 On -Ramp crossing, which is fully owned and maintained by the City. After review and in consultation with the city attorney, staff recommends that the council approve and execute Amendment No. 1 to the CSA.

FINANCIAL IMPACT
Amendment No.1 will obligate the City to maintain city owned RRFB Pedestrian Crossing improvements within the State right-of-way, Amendment No. 1 to the Agreement has no financial impact on the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff can provide necessary information. Staff does not recommend delaying entering into the agreement because it would delay the delivery schedule for the federally funded RRFB Pedestrian Crossing Project and potentially lose grant funding.

COORDINATED WITH
City Attorney's Office

STAFF CONTACT
Andrea Flores, Assistant Engineer
(707) 434-3811
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Amendment No.1 to the Freeway Maintenance Agreement of State Highways in the City of Fairfield
Attachment 4: Resolution No. 22-320 and Agreement
Attachment 5: Resolution No. 86-247

CITY OF FAIRFIELD
RESOLUTION NO. 2026-152
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT

FOR SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF FAIRFIELD WHEREAS, on August 19, 1986, the City of Fairfield adopted Resolution No. 86-247 and entered into a Freeway Maintenance Agreement (FMA) with the State of California (State); and WHEREAS, on December 6, 2022, City Council adopted Resolution No. 2022-230, authorizing the city manager to enter into a new Cost Sharing Agreement (CSA) that supersedes the previous agreement but did not address maintenance responsibilities; and WHEREAS, the City will be installing Rectangular Rapid Flashing Beacons (RRFB) at the Travis Boulevard/Interstate 80 East Bound On -Ramp pedestrian crossing for the HSIP Cycle 11 RRFB Pedestrian Crossing Project (CPW070096); and
WHEREAS, the City and State desire to amend the FMA to require the City of Fairfield to maintain the RRFB Pedestrian Crossing Improvements and to continue to maintain the technology until the FMA is amended or terminated.

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

Section 1. Amendment No. 1 of the Freeway Maintenance Agreement between the City of Fairfield and the State of California (Amendment No. 1), attached hereto, is hereby approved.

Section 2. The city manager is hereby authorized to execute Amendment No. 1 and do all things necessary to implement the executed amendment.

RES. NO. 2026-152

PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:

AYES: COUNCILMEMBERS: VACCARO/BERTANI/WILLIAMS/CARR/SANDHU/TONNESE N PANDURO ABSENT: COUNCILMEMBERS:

ATTEST:

CITY CLERK
MAYOR

Amendment No. 1
Sol -SR Var- PM Var
AMENDMENT NUMBER 1

AGREEMENT FOR SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES

IN THE CITY OF FAIRFIELD
This Amendment No. 1, effective on , to the Agreement
for Sharing of State Highway Electrical Facilities in the City of Fairfield is made and entered into by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE", and the City of Fairfield, hereinafter referred to as "CITY" and collectively referred to as "PARTIES".

WITNESSETH:

A. WHEREAS, an Agreement for Sharing of State Highway Electrical Facilities in the City of Fairfield, hereinafter referred to as "AGREEMENT", was executed by CITY and by STATE on December 30, 2022; and
B. WHEREAS, AGREEMENT by its terms provides that it may be amended at any time upon mutual consent of the PARTIES; and
C. WHEREAS, CITY desires to construct electrical facilities that include Rectangular Rapid Flashing Beacons ("RRFB") and associated electrical facilities within STATE's right of way by Encroachment Permit at Interstate 80 (1-80") at Travis Boulevard and the 1-80 eastbound ("EB") off -ramp, within the jurisdictional limits of CITY; and D. WHEREAS, the PARTIES mutually desire to establish and clarify maintenance responsibilities for the electrical facilities described in Recital C , which are to be constructed or installed within the STATE right of way; and E. WHEREAS, the PARTIES hereto now desire that AGREEMENT be amended.

NOW, THEREFORE, the PARTIES agree to amend AGREEMENT as follows:

1. The AGREEMENT is hereby amended as follows:

1.1. New Exhibit "A-1 " attached hereto and incorporated herein by this reference.

Exhibit "A-V supplements Exhibit "A" by providing additional information and identifying additional State highway electrical facilities and related improvements subject to the terms and maintenance responsibilities set forth in the AGREEMENT.

1.2. New Exhibit "C," attached hereto and incorporated herein by this reference, is added to the AGREEMENT.

Amendment No. 1
Sol -SR Var- PM Var

2. A new Article 10 is hereby added and made a part of AGREEMENT to read as follows:

10. Damage to CITY Facilities.

If any facilities identified in Exhibit "A-1 " are directly damaged as a result of the negligent acts of the STATE or its authorized contractors, the STATE shall, at its sole discretion, either repair the damaged facilities to their pre - damage condition or reimburse the CITY for the reasonable, documented actual cost of such repair.

This section applies only to direct physical damage caused by STATE negligence, and does not apply to:
• relocation, modification, or removal required due to highway maintenance, improvements, or operational needs;
• impacts resulting from lawful and non -negligent STATE activities; or • conditions arising from the CITY's placement of facilities within the State right-of-way."

3. Exhibit "A" to the AGREEMENT shall remain unchanged and in full force and effect.

4. This Amendment No. 1 to AGREEMENT shall remain in full force and effect until amended or terminated as provided for in AGREEMENT. In all other respects, AGREEMENT shall remain in full force and effect.

5. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this Amendment, and shall have the same force and effect as manual signatures.

Amendment No. 1
Sol -SR Var- PM Var

CITY OF FAIRFIELD STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATON
By
CITY Manager
Attest:

CITY Clerk
Approved as to form:

CITY Attorney
LEAH BUDU Date
Deputy District Director
Maintenance

04-SOL-SR Var-PM Var
AMENDMENT No.1
EXHIBIT A-1
February 14, 2026
CITY Owned and Maintained
Route and PM
Location
Type of Facility
Cost Distribution
(including electrical
energy)
STATE
CITY
SR-80-PM 17.91
TRAVIS BLVD.,
NO. A (DETAIL A)
0%
100%

EB OFFRAMP-

RECTANGUALR RAPID

SEE EXHIBIT C

FLASHING BEACON
('RRFB')
SR-80-PM 17.91
TRAVIS BLVD.,
NO. B (DETAIL B)
0%
100%

EB OFFRAMP-

RECTANGUALR RAPID

SEE EXHIBIT C

FLASHING BEACON
('RRFB')
SR-80-PM 17.91
TRAVIS BLVD.,
NO. C (DETAIL C)
0%
100%

EB OFFRAMP-

RECTANGUALR RAPID

SEE EXHIBIT C

FLASHING BEACON
('RRFB')

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

ELECTRICAL FACILITY COST SHARING AGREEME
with the

CITY OF FAIRFIELD

EXHIBIT C
z
WWmn

PROJECT LOCATION
TRAVIS BLVD. & 1-80 EB

OFF -RAMP

PROJECT

VICINITY MAP
AMENDMENT No.1

SHEET 1 OF 4

UnderRand Seale Aler!
NOTES,
Cell: TOLL FREE

1. SEE SHEET E-1 FOR GENERAL NOTES,
61V600
ABBREVIATIONS, AND SYMBOLS.
227-2800

2. SEE SHEET L-3 FOR SIGNING AND STRIPING.

KEY NOTES- (THIS BNEET ONLY)
�1 FURNISH AND INSTALL SOLAR RRFB AID ASSEMBLY ON 1-B
POLE. SEE DETAIL B ON SHEET E-5 FOR ASSEMBLY DETAILS.

SEE DETAIL B ON SHEET E-6 FOR RRFB POLE LOCATION
DETAIL.
❑ FURNISH AND INSTALL SOLAR RRFB AID ASSEMBLY ON 1-B
POLE. SEE DETAIL B ON SHEET E-5 FOR ASSEMBLY DETAILS.

SEE DETAIL C ON SHEET E-6 FOR RRFB POLE LOCATION
DETAIL.
3FURNISH AND INSTALL SOLAR RRFB ADVANCED WARNING
ASSEMBLY ON 15-FBS POLE WITH SLIP BASE. SEE DETAIL D
ON SHEET E-5 FOR ASSEMBLY DETAILS.
h

ABBREVIATIONS-

EQUIPMENT SCHEDULE
:.I-

AUDIBLE INFORMATION DEVICE

STANDARD
AID
F,:':

FACE OF CURB
NO.

TYPE

ARROW QUADRANT REMARKS
--F+

RECTANGULAR RAPID FLASHING BEACON

SYMBOLS,
A
O
1-B
POLE (13')
EAST SEE NOTE �1
---

EXISTING STREET LIGHT
O
1-B
EAST SEE NOTE �2
POLE (13')

SOLAR RRFB POLE AND EQUIPMENT
©
15-FBS
SEE NOTE �3
(SLIP BASE)
LEGEND

ELECTRICAL FACILITY MAINTAINED BY
O
CITY OF FAIRFIELD.

E-4
(LOCATION S) SCALE: 1' = 5' 1 10 OF 12

AMENDMENT No.1

EXHIBIT C
SHEET 2 OF 4

-dll.-.d Ssr Acs Alar!
Cell: TOLL FREE
811/800
227-2800
ROADWAY —WALKWAY WALKWAY —ROADWAY

SOLAR ENGINE
(TOP MOUNT)
X
v
-15
(30"X3
(BACK-TO-BACK)
RRFB
(BACK-TO-BACK)
y
W16-7PL
(24"x12")
1-B (13')

GROUNDING CLAMPS
a
3 o
(Typ) UL LISTED.

INSTALL GROUNDING
a

CLAMPS ON ANCHOR
o
BOLTS.
0 4
8 BARE COPPER
N
WIRE
WIRE FOR GROUNDING.

CALTRANS TYPE 1-B
•::.

FOUNDATION. SEE REVISED
a
�'•.
i:.+•;
STANDARD PLAN RSP E-78
N
AND RSP ES-71N FOR
a
DETAILS.

MINIMUM 12"

DIAMETER SPIRAL
COIL OF 25' MINIMUM
No. B BARE COPPER
WIRE.

FRONT VIEW

BACK VIEW

DETAIL A

RRFB ASSEMBLY
SOLAR POWER + DOUBLE -SIDED + AID
N
W16-7PR
(24"X12")

TOUCHLESS AID
WITH R10-3k(CA)
SIGN (9"x12"). AID
SHALL FACE ^

LANDING AREA WITH

ARROW POINTING

TOWARDS
CROSSWALK.

ROADWAY - WALKWAY

SOLAR ENGINE
(TOP MOUNT)
a
� W11-2
(36"X36")
RRFB
POLE A: W16-7P Lt (24"X12' )
POLE B: W16-7P Rt (24"X12")
1-B (13')

WALKWAY -T- ROADWAY
aX_-

GROUNDING CLAMPS
(Typ) UL LISTED.

INSTALL GROUNDING

CLAMPS ON ANCHOR
BOLTS.

No. 8 BARE COPPER
WIRE FOR GROUNDING.

CALTRANS TYPE 1-B
FOUNDATION. SEE STANDARD
PLAN E-78 AND ES-7N
FOR DETAILS.

MINIMUM 12"
_

DIAMETER SPIRAL
-
COIL OF 25' MINIMUM
No. 8 BARE COPPER
WIRE.

FRONT VIEW

BACK VIEW

DETAIL B

RRFB ASSEMBLY
SOLAR POWER + SINGLE -SIDED + AID

TOUCHLESS AID
WITH R10-3k(CA)
SIGN (9"x12"). AID

SHALL FACE

LANDING AREA WITH

ARROW POINTING

TOWARDS
CROSSWALK. SEE

PLANS FOR POLE

QUADRANT FOR
MOUNTING. -
x
U
0 a

SOLAR ENGINE
(TOP MOUNT)
— W11-2
(36"x36")
— RRFB
— W16-9P
(24"x12")
15-FB

SLIP BASE

GROUNDING CLAMPS
(Typ) UL LISTED.

INSTALL GROUNDING

CLAMPS ON ANCHOR
BOLTS.

No. 8 BARE COPPER
WIRE FOR GROUNDING.

CALTRANS TYPE 15-FBS
FOUNDATION. SEE STANDARD
PLAN E-7J AND ES-71N FOR
DETAILS.

MINIMUM 12"

DIAMETER SPIRAL
COIL OF 25' MINIMUM
No. 8 BARE COPPER
HIRE.

DETAIL C

RRFB ASSEMBLY
SOLAR POWER + SINGLE -SIDED + ADVANCED WARNING
E-5
SCALE:NTS
AMENDMENT No.1

EXHIBIT C
SHEET 3 OF 4

UnderRand Servlm Aler!
Cell: TOLL FREE
B"'.00
-
227-2800
Z
r
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OFF RAMP -WALKWAY TRAVIS BLVD

VO SEE RRFB PLANS

SEE RRFB PLANS

SEE RRFB PLANS

FOR ASSEMBLY

FOR ASSEMBLY

FOR ASSEMBLY

1.6' DETAILS
1' Min

DETAILS

DETAILS

CENTER OF AID TO BE
WITHIN 10" REACH FROM

RAMP AND
LEVEL LANDING 4' MIn

LANDING ISLAND BEYOND

RETAINING CURB

SIDEWALK
//CURB

CURB AND / EDGE OF TRENCH DRAIN

CURB AND

CURB AND
GUTTER EXTEND FOUNDATION 6"

GUTTER RAMP
- 1
GUTTER

DETAIL A

DETAIL B

DETAIL C

RRFB POLE LOCATION

RRFB POLE LOCATION

RRFB POLE LOCATION
IN

LANDING AREA ADJACENT TO TRENCH DRAIN

TOP OF RAMP

TOP OF RAMP ON RETAINING CURB
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SCALE:NTS
12 OF 12
AMENDMENT No.1

SHEET 4 OF 4

04-SOL-80-PMR9.97/21.33, SOL-I2-PM Var

AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES

WITH CITY OF FAIRFIELD
THIS AGREEMENT is made effective on 12/30/2022 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Fairfield, hereinafter referred to as "CITY " and collectively referred to as "PARTY " or "PARTIES" as needed.

There is an existing Sharing Cost of Utilities Agreement with CITY dated July 28, 1983.

This Agreement shall replace the earlier agreement, thereto for sharing State - incurred costs with the CITY.

The cost of operating and maintaining flashing -beacons traffic -signals, traffic -signal systems, safety -lighting, and sign -lighting now in place at the intersection of any State Highway Route and any CITY street shall be shared as shown in Exhibit "A".

1. Basis for Billing:

1.1.It is agreed that quarterly billings for flashing -beacons, traffic -signals, and traffic -signal systems shall be based on actual intersection costs, which are as follows:

1.1.1. Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses

1.1.2. Electrical energy

1.2.It is agreed that quarterly billings for safety -lighting and sign -lighting shall be based on calculated unit -costs derived by averaging STATE's District - wide costs each quarter. Costs are as follows:

1.2.1. Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses

1.2.2. Electrical energy

1.3.It is agreed that quarterly billings invoiced to CITY for STATE -owned and maintained electrical facilities identified in Exhibit "A" will be based on actual costs paid by STATE, when derived from utility company billings.

STATE will bill CITY quarterly in arrears for any CITY share of electrical facilities expenses shown in Exhibit "A".

04-SOL-80-PMR9.97/21.33, SOL-12-PM Var

2. Exhibit "A" will be amended, as necessary by written concurrence of both parties, to reflect changes to the system.

3. STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE to pay the billings by CITY.

4. LEGAL RELATIONS AND RESPONSIBILITIES

4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

4.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and hold harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with exception of those actions of STATE necessary to cure a noticed default on the part of the CITY

4.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and hold harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

04-SOL-80-PMR9.97/21.33, SOL-12-PM Var

5. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES; by either party upon thirty (30) days' notice to the other party.

6. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

7. AUTHORITY GRANTED UNDER EXISTING LAW. PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Agreement. To the degree that Streets and Highways Code sections 114 and 130 or any other state or Federal law confer conflicting authority or requirements on either PARTY, the appropriate state or Federal law shall control.

8. DESIGNATED AUTHORITY. The PARTIES have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

9. SEVERABILITY. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

04-SOL-80-PMR9.97/21.33, SOL-12-PM Var
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF FAIRFIELD
By.

Mayor
Initiated and Appro ed
By:
*1 City Manager
ATTEST:

By: '`.'"
City Jerk . nCr'Jry
By: Day1 U G. L f W
City Attorney

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
m
2-"'� 94112�1

LEAH BUDU
Deputy District Director
Maintenance Division, District 04

04-SOL-80 & 12-PM Var

EXHIBIT A

TRAFFIC SIGNAL AND LIGHTING AGREEMENT
Caltrans and CITY of Fairfield
Effective September 5, 2022

BASIS OF COST DISTRIBUTION
State -Owned and Maintained
Billed by the State
Route and
Location
Type of Facility
Cost Distribution
PM
State
CITY
04-SOL-12-
Abernathy
Signals (E23136)
50%
50%

2.207
(Chadbourne)
and Lighting
Rd & Auto Mall
Expwy & 012
04-SOL-12-
Abernathy
Signals(E23137)
50%
50%

2.207
(Chadbourne)
and Lighting
Rd&WB-012
ramps
04-SOL-12-
EB HWY-12 at
Signals (E23E9)
50%
50%
L2.237
Chadbourne
and Lighting
offramp
04-SOL-12-
HWY-012 &
Signals (EB064)
50%
50%

3.001
Beck Ave.
and Lighting
04-SOL-12-
HWY-012 &
Signals (EB058)
75%
25%

4.001
Pennsylvania
and Lighting
04-SOL-80-
Green Valley/
Signals (E23E1)
50%
50%

12.742
Lopes Rd & EB-
and Lighting
080 ramps
04-SOL-80-
Green
Signals (E23D 1)
33%
67%

12.813
Valley/Lopes
and Lighting
Rd&WB80
04-SOL-80-
Suisun Valley
Signals
50%
50%

13.334
RD & EB080
(E23C0)and
Lighting

04-SOL-80 & 12-PM Var

EXHIBIT A

BASIS OF COST DISTRIBUTION
Utility -Owned and Maintained
Billed by the State
Route and
Location
Type of Facility
Cost Distribution
PM
State
CITY
04-SOL-80-
Abernathy
Signals (E23E7)
50%
50%

16.461
(Chadbourne)
and Lighting
Rd&WBRte
80 onramp
04-SOL-80-
Abernathy
Signals (E23E8)
50%
50%

16.462
(Chadbourne)
and Lighting
Rd & EB Rte 80
onramp
04-SOL-80-
W. Texas &
Signals (EB037)
25%
75%

17.201
WB-080
and Lighting
04-SOL-80-
W. Texas & EB-
Signals (EB063)
33%
67%

17.201
080
and Lighting
04-SOL-80-
W. Texas &
Signals (EB039)
50%
50%

17.222
Beck Ave.
and Lighting
04-SOL-80-
Oliver Rd &
Signals (E23C9)
33%
67%

17.511
WB-080
and Lighting
offramp
04-SOL-80-
HWY 080 &
Signals (EB055)
50%
50%

17.913
Travis Blvd W/S
and Lighting
04-SOL-80-
HWY 080 &
Signals (EB056)
50%
50%

17.966
Travis Blvd E/S
and Lighting

04-SOL-80 & 12-PM Var

EXHIBIT A

BASIS OF COST DISTRIBUTION
Utility -Owned and Maintained
Billed by the State
Route and
Location
Type of Facility
Cost Distribution
PM
State
CITY
04-SOL-80-
Hilborn/
Signals (EB066)
50%
50%

19.071
Waterman/
and Lighting
Airbase &
Hwy 080
04-SOL-80-
Hwy 080 &
Signals (EB068)
50%
50%

19.20 Airbase EB
and Lighting
04-SOL-80-
Manuel
Signals (E23138)
40%
60%

20.802
Campos Pkwy
and Lighting
Nelson & EB-
080 offramp
04-SOL-80-
Manuel
Signals (E23E3)
40%
60%

21.00 Campos Pkwy
and Lighting
& Lyon Rd

CITY OF FAIRFIELD
RESOLUTION NO. 2022-320

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

MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND THE STATE

OF CALIFORNIA FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES WHEREAS, on July 28, 1983, the City of Fairfield entered into an Agreement for Sharing Cost of Electrical Facilities at City of Fairfield/State of California intersections; and WHEREAS, under the 1983 Agreement, the City is sharing the cost for 1S out of the 20 City/State intersections; and
WHEREAS, the City and the State desire to share the cost of the electrical facilities at all 20 intersections by entering into a new Agreement that supersedes the 1983 Agreement.

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

Sectionl. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield the new Agreement for Sharing Cost of State Highway Electrical Facilities between the City of Fairfield and the State of California, Department of Transportation, and do all things necessary and proper to implement the executed Agreement.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST:

CITY CLERK
1►de\'AIC1

Attachment 1 Pace 1 of 1 Packet Pace 672 of 1050

City of Fairfield Electrical Facility Cost Share
Agreement
Final Audit Report
+ Resolution
Created: 2022-12-19
By: Hassen Bolanos ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA2Fp-S4AjrJ9KUWCIpNGv8xbBB6UoVbm4 2023-01-10
"City of Fairfield Electrical Facility Cost Share Agreement + Reso lution" History
Document created by Hassen Bolanos ([email protected]) 2022-12-19 - 4:36:17 PM GMT
Document emailed to Waddah AI-Zireeni ([email protected]) for approval 2022-12-19 - 4:39:08 PM GMT
Email viewed by Waddah AI-Zireeni ([email protected]) 2022-12-19 - 4:42:51 PM GMT
Document approved by Waddah AI-Zireeni ([email protected]) Approval Date: 2022-12-19 - 7:25:51 PM GMT - Time Source: server 2y Document emailed to Monique Nguyen ([email protected]) for approval 2022-12-19 - 7:25:52 PM GMT
A0 Hassen Bolanos ([email protected]) added alternate approver Markus Lansdowne ([email protected]). The original approver Monique Nguyen ([email protected]) can still approve.
2022-12-28 - 3:52:47 PM GMT
P+ Document emailed to Markus Lansdowne ([email protected]) for approval 2022-12-28 - 3:52:47 PM GMT
Email viewed by Markus Lansdowne ([email protected]) 2022-12-28 - 3:57:03 PM GMT
Document approved by Markus Lansdowne ([email protected]) Approval Date: 2022-12-28 - 4:10:06 PM GMT - Time Source: server 4c*Powered by
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�v Document emailed to Hamid Sadraie ([email protected]) for approval 2022-12-28 - 4:10:07 PM GMT
Email viewed by Hamid Sadraie (ham [email protected]) 2022-12-28 - 6:31:38 PM GMT
b© Document approved by Hamid Sadraie ([email protected]) Approval Date: 2022-12-28 - 6:33:47 PM GMT - Time Source: server 124 Document emailed to Leah Budu (leah.bud [email protected]) for signature 2022-12-28 - 6:33:48 PM GMT
�p Document e-signed by Leah Budu ([email protected]) Signature Date: 2022-12-30 - 9:43:40 PM GMT - Time Source: server �'-► Document emailed to Hassen Bolanos ([email protected]) for acceptance 2022-12-30 - 9:43:41 PM GMT
Email viewed by Hassen Bolanos ([email protected]) 2023-01-01 - 11:34:09 PM GMT
Email viewed by Hassen Bolanos ([email protected]) 2023-01-10 - 6:01:43 PM GMT
Document accepted by Hassen Bolanos ([email protected]) Acceptance Date: 2023-01-10 - 6:01:59 PM GMT - Time Source: server Agreement completed.
2023-01-10 - 6:01:59 PM GMT
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6943W/4
RJL:amd 8/7/86

CITY OF FAIRFIELD
RESOLUTION NO. 86-.2C/7
,A RESOLUTION APPROVING A SUPERSEDING FREEWAY

MAINTENACE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR INTERSTATE 80 FROM 0.5 MILES

NORTH OF TRAVIS BOULEVARD TO LEDGEWOOD CREEK
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRFIELD:

The Mayor is hereby authorized and directed to execute on behalf of the City of Fairfield that certain Superseding Freeway Maintenance Agreement with the State of California, Department of Transportation (CALTRANS) for Interstate 80 from 0.5 miles north of Travis Boulevard to Ledgewood Creek.

This agreement supersedes that portion of the Freeway
Maintenance Agreement dated September 2, 1980.

PASSED AND ADOPTED this 19th day of August, 1986, by the following vote:

AYES: Councilmen HAM;'iiOND/ICHi.KAWA/FETT` GRO; ``/UPULLERJ/FALITI NOES: Councilmen
ABSENT: Councilmen
ABSTAINED: Councilmen
ATTEST:
i
'City Clerk
"If �0-
-51 a y o r

FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into, in duplicate this Z day of by and between the State of California, acting by and
throuah the Uepartment of Transport at,1on, hereinafter referred to as "the State," and the CITY OF FAIRFIELD, hereinafter referred to as "the CITY" witnesseth:

WHEREAS, on September 2, 1980, a freeway agreement was executed between the CITY and the State wherein the CITY agreed and consented to certain adjustments of the CITY street system required for the development of limits of the CITY of Fairfield, COUNTY of Solano, as a freeway, and WHEREAS, said freeway has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separation structures, and CITY streets or portions thereof and landscaped areas, within the freeway limits, and WHEREAS, under Section 7 of the above freeway agreement, the CITY will resume control and maintenance over each of the relocated or reconstructed CITY streets except on those portions thereof adopted as a part of the freeway proper.

MAINTENANCE DEFINED:

Maintenance is defined in Section 27 of the Streets and Highways Code as follows:

Sec. 27. "(a) The preservation and keeping of rights of way, and each type of roadway, structure, safety convenience or device,
planting, illumination equipment and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction, or other improvement.
"(b) Operation of special safety conveniences and devices, and illuminating equipment.
"(c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions,
slides, settlements or other unusual or unexpected damage to a roadway, structure or facility."
NOW THEREFORE, IT IS AGREED:

1. When a planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which affects the division of maintenance, the Department will provide a new dated and revised Exhibit A, which is made a part hereof by this reference, which will supersede the original exhibit and which will become part of this agreement.

2 2. VEHICULAR OVERCROSSINGS
The State will maintain, at State expense, the entire structure below the deck surface except as hereinafter provided. The CITY will maintain, at CITY expenses, the deck and/or surfacing and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface. The CITY will also maintain all portions of the structure above the bridge deck, as above specified, including lighting installations, as well as all traffic service facilities (signals, signs, pavement markings, etc.) that may be required for the benefit or control of CITY street traffic_.

The CITY will also maintain all traffic service facilities provi-ded for the benefit or control of pedestrian traffic.

At such locations, as shall be determined by the State, screening shall be placed on State freeway overpasses on which pedestrians are allowed (as directed by Sec. 92.6 of the Streets and Highways Code). All screens installed under this program will be maintained by the State (at State expense).

3. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Landscaped areas within the limits reserved for freeway use, includinq traffic interchanges and on and off ramp areas but excluding frontage road areas, will be maintained by the State, at State expense. All plantings or.other types of roadside development lying outside of the area reserved for freeway use will be maintained by the CITY at CITY expense.

4. INTERCHANGE OPERATION
It is the responsibility of the State to provide efficient operation of freeway interchanges including ramp connections to local streets. The State will not pay for the maintenance, repair, servicing, or power for ordinary street lighting; however, lighting at intersections which qualifies as safety lightino under current warrants will be paid for by the State. The maintenance and operating costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices at ramp connections to CITY streets shall be shared, between the State and the CITY on a prorata basis in the same ratio as the number of legs of the interchange under each jurisdiction bears to the total number of leqs. Timinq of traffic signals shall be the responsibility of the State.

5. LIABILITY
It is understood and agreed that neither the State, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction deleqateo to the CITY under the Freeway Agreement and this Freeway Maintenance Aqreement. It is

also understood and agreed that, pursuant to Government Code Section 895.4, the CITY shall defend and fully indemnify and hold the State harmless for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under the Freeway Agreement and this Freeway Maintenance Agreement.

It is understood and agreed that neither the CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the State under or in connection with any work, authority or jurisdiction not delegated to the CITY under the Freeway Agreement and this Freeway Maintenance Agreement.

It is also understood and agreed, that pursuant to the Government Code Section 895.4, the State shall defend and fully indemnify and hold the CITY harmless from any damage or liability occurring by reason of anything done or omitted to be done by the State under or in connection with any work, authority or jurisdiction not delegated to the CITY under the Freeway Agreement and this Freeway Maintenance Agreement.

6. EFFECTIVE DATE
This Agreement shall be effective upon the date of its execution by the State, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of the CITY to maintain designated areas pursuant to prior written notice from the State that work in such areas, which the CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

CITY OF FAIRFIELD
By
yor
City Clerk

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Approved as to form and LEO J. TROMBATORE
procedure: Director of Transportation
By
City Attnrney District Uirector

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RICHMORO, CALIFORNIA 64604 1000 WEBSTER STFIWT. FAIII1111FELD. CAL)OINA A""O1m TRAVIS BLVD.,/ 1-80 INTERCHANGE PROJECT

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4. Jee Detail .51CD-.! —d i

Agenda Item No: J.7

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-153 PW C
Second Update to the Landscape Oversight Committee Guidelines and Duties and Discussion and Direction Regarding the Landscape Oversight Committee Request to Modify Residency Requirements
Funding Source: N/A
Contact: Chris Lewis, (707) 428-7089

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On April 7, 2026, the City Council directed staff to update the Landscape Oversight Committee (LOC or Committee) Guidelines and Duties to narrow the Committee's scope of duties and responsibilities, citing concerns with the current broad scope and the Committee's level of progress since its formation. This resolution approves the second update to the LOC Guidelines and Duties. At the same meeting, the LOC made a recommendation to modify the LOC residency requirements to allow at -large appointments for all members. The council discussed the recommendation; however, the LOC requests that the council provide an official decision on the recommendation.
nlCrl ICCInN
Background
On February 21, 2023, the council adopted Resolution No. 2023-26 (Exhibit B), establishing the LOC and the initial Committee Guidelines and Duties.

At the September 17, 2024, council meeting, staff presented a recommendation from LOC Chair Rick Johnson to establish an attendance policy due to the lack of quorum at two of the first five

Committee meetings. The LOC Chair made further verbal recommendations to expand the Committee's responsibilities to include community education regarding Proposition 218 processes in the Landscaping and Lighting Maintenance Districts (LLMDs), convert LOC membership from district representation to at -large appointments, and increase the number of regular Committee meetings from 4 to 6 meetings per year.

The council discussed the quorum issues, the LOC Chair recommendations, and the purpose of the Committee. Staff reported that there is confusion among Committee Members regarding their specific objectives and goals and that there are competing desires for areas of focus among Members. The council appointed a Subcommittee to the Landscape Oversight Committee, consisting of Vice Mayor Bertani and Councilmember Williams, to clarify and further refine the Committee Guidelines and Duties.

At the December 10, 2024, LOC meeting, the Subcommittee explained that the Committee has two primary goals: educating residents and providing oversight. The Subcommittee provided 5 key areas of focus, outlined their expectations for the contents of future LOC quarterly reports, and provided recommendations on how to run effective and efficient meetings.

Staff worked with the LOC to develop proposed amendments to the Guidelines and Duties during the February 27, 2025, and March 20, 2025, Committee meetings, and the Committee moved to approve the proposed modifications on April 17, 2025.

The council adopted the updated Guidelines and Duties on June 3, 2025, by Resolution No. 2025- 78 (Exhibit Q. The new guidelines expanded and clarified the Committee's responsibilities and incorporated an attendance policy.

Second Update to the LOC Guidelines and Duties
On April 7, 2026, the LOC made a recommendation to council to modify the LOC residency requirements to allow at -large appointments for all members. The Council discussed the recommendation and directed staff to return with a second update to LOC Guidelines and Duties that narrow the scope of duties and responsibilities to oversight functions only, citing concerns with the current broad scope and the Committee's level of progress since its formation.

The council instructed that the new LOC duties and responsibilities should be comparable to those of a standard oversight committee, closely modeled after the City of Fairfield Measure P Oversight Committee, and should not include duties related to Proposition 218 processes or community engagement.

Staff prepared proposed updates to the LOC Guidelines and Duties (Exhibit A) which define the LOC oversight responsibilities as:
• Reviewing quarterly financial reports and annual budgets related to landscape services paid for by LLMDs and the General Fund.

• Reviewing maintenance service contracts and quarterly performance reports to ensure compliance with agreed -upon standards and deliverable. • Examining the use of LLMD and General Fund revenues specifically allocated for landscape maintenance services to ensure transparency and effectiveness.

Several administrative updates are proposed, including:
• The requirement that Committee Members complete orientation and training, including Brown Act and AB1234 Ethics training, prior to attending any Committee meeting (currently stated as prior to attending the first regular meeting). • An adjustment to the timing of Chair and Vice Chair elections from the first meeting of each calendar year to prior to the conclusion of the last meeting of each calendar year. • Clarification that the one-year term for Chair and Vice Chair begins January 1 and ends December 31.
• Allowing Committee Members to provide notification of tardiness to the Chair or staff liaison (current protocol is for notifications to staff liaison only).

Requested Council Action
Staff requests for approval of the proposed second update to the LOC Guidelines and Duties.

The LOC requests that the council provide an official decision regarding the Committee's recommendation to modify the LOC residency requirements to allow at -large appointments for all members presented on April 7, 2026.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to approve the proposed updated Guidelines and Duties, approve with modifications, or direct staff to return with more information.

COORDINATED WITH
N/A

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

ATTACHMENTS

Attachment 2: Proposed Resolution Approving Second Update to the LOC Guidelines and Duties Attachment 3: Proposed Exhibit A with Markup
Attachment 4: Proposed Exhibit A without Markup
Attachment 5: Exhibit B - Resolution No. 2023-26 Establishing the LOC and Initial Guidelines and Duties
Attachment 6: Exhibit C - Resolution No. 2025-78 Updated LOC Guidelines and Duties

CITY OF FAIRFIELD
RESOLUTION NO. 2026-153

ADOPTING THE SECOND UPDATE TO THE LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES

AND DUTIES OF THE COMMITTEE
WHEREAS,on February 21, 2023, the City Council adopted Resolution No. 2023-26, establishing the Fairfield Landscape Oversight Committee and Setting Forth Guidelines and Duties of the Committee; and
WHEREAS, on June 3, 2025, the council adopted Resolution No. 2025-78 updating the Guidelines and Duties of the Committee; and
WHEREAS,on April 7, 2026, the council directed staff to prepare a second update to the Guidelines and Duties of the Committee that narrow the scope of duties and responsibilities to oversight functions that are modeled after the Measure P Oversight Committee.

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

Section 1. The council hereby approves the second update to the Landscape Oversight Committee Guidelines and Duties of the Committee, set forth in in Exhibit "A" attached hereto.

PASSED AND ADOPTED this 7th day of July 2026, by the following vote:

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

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

PROPOSED EXHIBIT "A" WITH MARKUP

LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES
The Fairfield City Council of the City ef PaiFfie hereby establishes that the duties and responsibilities of athe Landscape Oversight Committee (Committee) shall be to provide fiscal oversight and to review service contract compliance for landscape maintenance tunded by Landscaping and Liehtine Maintenance Districts (LLMDs) and the General Fund.^^' Feview ^f +"^ I On N MUM . �-
.... . ...........
ftR4TT[�9. _ uWNIMM i4r_*:anwommmrs.109r.Us- M
Powers and Duties:

The Committee will p; evict^ iRdepeRdeRt eveFsight of *"^review quarterly financial reportsaspects and annual budgets related to e#all landscape services paid for by I andsGap a d I ightiR„ Maipt„r a gistF„ is (LLMDs} and AI I I "nn landseap aid fee by -the General Fund (heFei^ "^^^ " ""^ ;;!
The Committee will also review maintenance service contracts and quarterly performance reports to ensure compliance with agreed -upon standards and deliverables.

Key responsibilities include FeviewiRg—RqaRagerial--pFeeesses, IeRsuFiRg tFaRspaFeRGy and- effee;HveRess, a examining the use of LLMD FeveRQes and General Fund revenues specifically allocated for landscape maintenance .CI „Ices^ ^ ^ L ",.. -C1 II LU CI IJUI C ll 01 IJPCII ItI Il Y dI IU CIICLLIveness.

Landscape that+sar( funded by Enterprise funds and other funding sources are excluded from the Committee's purview.

The
Committee serves in an advisory -only role to the City liFnited will report directly 1

.... . ...........
ftR4TT[�9. _ uWNIMM i4r_*:anwommmrs.109r.Us- M
Powers and Duties:

The Committee will p; evict^ iRdepeRdeRt eveFsight of *"^review quarterly financial reportsaspects and annual budgets related to e#all landscape services paid for by I andsGap a d I ightiR„ Maipt„r a gistF„ is (LLMDs} and AI I I "nn landseap aid fee by -the General Fund (heFei^ "^^^ " ""^ ;;!
The Committee will also review maintenance service contracts and quarterly performance reports to ensure compliance with agreed -upon standards and deliverables.

Key responsibilities include FeviewiRg—RqaRagerial--pFeeesses, IeRsuFiRg tFaRspaFeRGy and- effee;HveRess, a examining the use of LLMD FeveRQes and General Fund revenues specifically allocated for landscape maintenance .CI „Ices^ ^ ^ L ",.. -C1 II LU CI IJUI C ll 01 IJPCII ItI Il Y dI IU CIICLLIveness.

Landscape that+sar( funded by Enterprise funds and other funding sources are excluded from the Committee's purview.

The
Committee serves in an advisory -only role to the City liFnited will report directly 1

to the City Council once per year via a formal report and presentation to the City ('^wneil in the fourth quarter of each calendar year.
=01 a---- a
The duties of the Committee do not include decision -making responsibilities regarding:
• spending priorities;
• funding source decisions;
• financing plans;
• operational or managerial processes;
• contractor selection or management; or
• any other decision -making responsibilities that pertain to processes, procedures, or policies regarding the City's landscaping.

While the duties of the Committee do not include decision -making responsibilities, the Committee may make recommendations to City staff that optimize landscape maintenance cost effectiveness or controls or imarove landscaping aesthetics.

Application/ Recruitment Process:

The standard recruitment Drocess that is used for all other existing Citv boards. commissions and committees will be utilized to conduct recruitment for the Committee.

Notice of vacancies will be advertised in the Fairfield Daily Republic newspaper, posted on the City's website, and posted on the Civic Center notice boards.

Qualifications for Appointment:

The Committee will consist of seven members.
• Six Committee Members shall be comprised of one person with residency within the respective council district area.
• One Committee Member will be at -large.
• Residency may be verified annually by the City Clerk's Office through (1) voter registration or (2) utility bills (phone, water, cable).
2

Selection of Members:

Candidates shall complete and submit applications to the City per instructions on the vacancy advertisement. The mayor and ity ouncil will appoint their respective Committee Members.

All Committee Members shall attend orientation and training, including the Brown Act and AB1234 Ethics Training, prior to their first Committee meeting.

Terms of Service:

Each Committee Member term shall be for a period of five years..;ommittee Members shall serve at the Dleasure of the Citv Council.

Election of Committee Chair and Vice Chair:

Prior to the conclusion of the last meeting of each calendar year, ' he Committee shall elect a Chair and Vice Chair at the first m^^t4^^ of the ^a with a simple majority vote of the Committee Members in attendance. In the event that the last meeting of any calendar year is canceled, rescheduled, or otherwise not convened, the Committee shall conduct the election at the next meeting.

The Chair and Vice Chair shall serve a one-year term beginning on January 1 and ending on December 33; however, —6-1-a Committee Member may be elected to serve additional consecutive or non-consecutive terms.

Meetings:

Schedule and Duration: The Committee shall adopt an annual regular meeting schedule no later than the last meeting of the preceding calendar year. Regular meetings shall be held on a quarterly basis for approximately two hours each meeting. Additional special meetings may be scheduled as necessary.

Quorum: The quorum requirement for any meeting shall be a minimum of four members. If the quorum requirement is not met by 10 minutes after the scheduled start time (15 minutes with notification to the Cha staff liaison) the meeting shall be cancelled.

Guidelines: The Committee is subject to the provisions of the Ralph M. Brown Act. Meetings shall be noticed and open to the public. Committee meeting minutes and reports are a matter of public record. Draft meeting minutes shall be posted on the City's website no laterthan 21 calendar days after conclusion of the meeting.

Voting: Committee decisions and actions require a simple majority vote of those Committee Members in attendance.
3

Attendance: A Committee Member may have a maximum of two unexcused absences in any twelve-month period. Absences exempt from this Section include:

1. Absences due to medical or family emergencies.

2. Absences due to unforeseen and urgent circumstances.

3. Absences approved in advance by the chairperson or staff liaison.

In the case of a medical or family emergency, or due to unforeseen and urgent circumstances, a Committee Member shall notify the chairperson or staff liaison in writing within 30 days of their absence to request an exemption.

If a Committee Member incurs a third non-exempt absence during any twelve-month period, the Committee Member will be deemed to have resigned their position and shall no longer be a member of the committee.

The staff liaison shall issue a letter to the Committee Member, with a copy to the Mayor, notifying them that they have exceeded the number of absences allowed under this policy, and have therefore resigned their position. The letter shall be personally served to the Committee Member or sent via first-class United States Postal Service (USPS) mail, return receipt requested.

Having received the notice, the Committee Member shall have 10 business days to request an appeal of this section before the City Council. The Committee Member shall submit their request for appeal in writing (either via e-mail, hand delivery, or USPS mail) to the city clerk. The city clerk shall set the appeal hearing at a regular or special meeting of the city council within 45 business days from receiving the request for a hearing from the Committee Member.

If the Committee Member fails to submit the request for a right of appeal within 10 business days, the position shall be deemed vacant.

At an appeal hearing brought by a Committee Member under this section, the council shall allow the Committee Member to address the council to explain their absences and provide any documents or other evidence to support their appeal. The council may consider any evidence it deems necessary to make its decision. Following the hearing, by a majority vote the council may affirm the removal of the Committee Member or vote to reinstate the Committee Member to their position on the committee. In the case of a tie vote by the council, the removal of the Committee Member under the section shall be deemed affirmed. The decision of the council shall be final and not subject to appeal.

Staff Liaison Appointment:
4

The Director of Public Works and/or their designee will serve as staff liaison to the Committee.

The liaison will be responsible for providing relevant information, support, and advice to the Committee. The liaison will prepare, post, and distribute agendas and take minutes at each meeting.
5

PROPOSED EXHIBIT "A" WITHOUT MARKUP

LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES
The Fairfield City Council hereby establishes that the duties and responsibilities of the Landscape Oversight Committee (Committee) shall be to provide fiscal oversight and to review service contract compliance for landscape maintenance funded by Landscaping and Lighting Maintenance Districts (LLMDs) and the General Fund.

Powers and Duties:

The Committee will review quarterly financial reports and annual budgets related to landscape services paid for by LLMDs and the General Fund.

The Committee will also review maintenance service contracts and quarterly performance reports to ensure compliance with agreed -upon standards and deliverables.

Key responsibilities include examining the use of LLMD and General Fund revenues specifically allocated for landscape maintenance services to ensure transparency and effectiveness.

Landscape services that are funded by Enterprise funds and other funding sources are excluded from the Committee's purview.

The Committee serves in an advisory -only role to the City Council and will report directly to the City Council once per year via a formal report and presentation in the fourth quarter of each calendar year.

The duties of the Committee do not include decision -making responsibilities regarding:
• spending priorities;
• funding source decisions;
• financing plans;
• operational or managerial processes;
• contractor selection or management; or
• any other decision -making responsibilities that pertain to processes, procedures, or policies regarding the City's landscaping.

While the duties of the Committee do not include decision -making responsibilities, the Committee may make recommendations to City staff that optimize landscape maintenance cost effectiveness or controls or improve landscaping aesthetics. 1

Application/ Recruitment Process:

The standard recruitment process that is used for all other existing City boards, commissions and committees will be utilized to conduct recruitment for the Committee.

Notice of vacancies will be advertised in the Fairfield Daily Republic newspaper, posted on the City's website, and posted on the Civic Center notice boards.

Qualifications for Appointment:

The Committee will consist of seven members.
• Six Committee Members shall be comprised of one person with residency within the respective council district area.
• One Committee Member will be at -large.
• Residency may be verified annually by the City Clerk's Office through (1) voter registration or (2) utility bills (phone, water, cable).

Selection of Members:

Candidates shall complete and submit applications to the City per instructions on the vacancy advertisement. The mayor and City Council will appoint their respective Committee Members.

All Committee Members shall attend orientation and training, including the Brown Act and AB1234 Ethics Training, prior to their first Committee meeting.

Terms of Service:

Each Committee Member term shall be for a period of five years. Committee Members shall serve at the pleasure of the City Council.

Election of Committee Chair and Vice Chair:

Prior to the conclusion of the last meeting of each calendar year, the Committee shall elect a Chair and Vice Chair with a simple majority vote of the Committee Members in attendance. In the event that the last meeting of any calendar year is canceled, rescheduled, or otherwise not convened, the Committee shall conduct the election at the next meeting.

The Chair and Vice Chair shall serve a one-year term beginning on January 1 and ending on December 31; however, a Committee Member may be elected to serve additional consecutive or non-consecutive terms.

Meetings:

Schedule and Durotion: The Committee shall adopt an annual regular meeting schedule no later than the last meeting of the preceding calendar year. Regular meetings shall be held on a 2

quarterly basis for approximately two hours each meeting. Additional special meetings may be scheduled as necessary.

Quorum: The quorum requirement for any meeting shall be a minimum of four members. If the quorum requirement is not met by 10 minutes after the scheduled start time (15 minutes with notification to the Chair or staff liaison) the meeting shall be cancelled.

Guidelines: The Committee is subject to the provisions of the Ralph M. Brown Act. Meetings shall be noticed and open to the public. Committee meeting minutes and reports are a matter of public record. Draft meeting minutes shall be posted on the City's website no later than 21 calendar days after conclusion of the meeting.

Voting: Committee decisions and actions require a simple majority vote of those Committee Members in attendance.

Attendance: A Committee Member may have a maximum of two unexcused absences in any twelve-month period. Absences exempt from this Section include:

1. Absences due to medical or family emergencies.

2. Absences due to unforeseen and urgent circumstances.

3. Absences approved in advance by the chairperson or staff liaison.

In the case of a medical or family emergency, or due to unforeseen and urgent circumstances, a Committee Member shall notify the chairperson or staff liaison in writing within 30 days of their absence to request an exemption.

If a Committee Member incurs a third non-exempt absence during any twelve-month period, the Committee Member will be deemed to have resigned their position and shall no longer be a member of the committee.

The staff liaison shall issue a letter to the Committee Member, with a copy to the Mayor, notifying them that they have exceeded the number of absences allowed under this policy, and have therefore resigned their position. The letter shall be personally served to the Committee Member or sent via first-class United States Postal Service (USPS) mail, return receipt requested.

Having received the notice, the Committee Member shall have 10 business days to request an appeal of this section before the City Council. The Committee Member shall submit their request for appeal in writing (either via e-mail, hand delivery, or USPS mail) to the city clerk. The city clerk shall set the appeal hearing at a regular or special meeting of the city council within 45 business days from receiving the request for a hearing from the Committee Member. 3

If the Committee Member fails to submit the request for a right of appeal within 10 business days, the position shall be deemed vacant.

At an appeal hearing brought by a Committee Member under this section, the council shall allow the Committee Member to address the council to explain their absences and provide any documents or other evidence to support their appeal. The council may consider any evidence it deems necessary to make its decision. Following the hearing, by a majority vote the council may affirm the removal of the Committee Member or vote to reinstate the Committee Member to their position on the committee. In the case of a tie vote by the council, the removal of the Committee Member under the section shall be deemed affirmed. The decision of the council shall be final and not subject to appeal.

Staff Liaison Appointment:

The Director of Public Works and/or their designee will serve as staff liaison to the Committee.

The liaison will be responsible for providing relevant information, support, and advice to the Committee. The liaison will prepare, post, and distribute agendas and take minutes at each meeting.
4

CITY OF FAIRFIELD
RESOLUTION NO. 2023-26

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING THE FAIRFIELD

LANDSCAPE OVERSIGHT COMMITTEE AND SETTING FORTH GUIDELINES AND DUTIES OF THE

COMMITTEE
WHEREAS, the City Council desires to form the Landscape Oversight Committee and establish terms, guidelines, and duties of the Landscape Oversight Committee.

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

Section 1. The council hereby establishes a seven -member oversight committee, which will have a representative from each of the six districts and one at -large representative.

Section 2. The council hereby approves the Landscape Committee Guidelines and Duties, set forth in Exhibit "A" attached hereto.

PASSED AND ADOPTED this 215t day of February, 2023, by the following vote:

AYES
NOES
COUNCILMEMBERS: MOY / BERTANI / CARR / TONNESEN / b"*GG440 / WILLIAMS COUNCILMEMBERS:

Now
ABSENT: COUNCILMEMBERS: 'PCkn&k(-CQ �. vCACCC,(�)
ABSTAIN: COUNCILMEMBERS:

ATTEST:

CITY CLERK�a}�
Iv 0 V\.Q'
►ILL\'I6

Exhibit "A"

LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES
The City Council of the City of Fairfield hereby establishes a Landscape Oversight Committee (Committee) to provide fiscal oversight and review of the Public Works Department's management of landscaping throughout the city. A primary focus of the Committee will be to improve effectiveness, transparency, and financial oversight of the 16 Landscaping and Lighting Maintenance Districts (LLMD or Districts). The Committee will review the annual budgets, projected expenditures, assessment levels and provide management oversight.

Application/ Recruitment Process:

The standard recruitment process that is used for all other existing City boards, commissions and committees will be utilized to conduct the recruitment of applications for the Committee.

Notice of these vacancies will be advertised in the Fairfield Daily Republic newspaper, posted on the City's website, and posted on the Civic Center complex meeting notice boards.

Powers and Duties:

The Committee will provide independent oversight of the operation and financial aspects of the LLDMs, and for landscape maintenance in non-LLMD areas, throughout the city and will report directly to the council. The Committee will ensure effectiveness, transparency, review of the managerial processes over the Landscape Districts and non-LLMD landscaped areas throughout the City, and provide oversight of the revenue generated by the LLMDs, as well as general fund revenues specifically budgeted for landscape maintenance in non-LLMD areas throughout the city Enterprise fund and other funds generated by the city are outside the purview of the Committee.

The Committee, together with staff, will educate district residents as to the operation and function of LLMDs and the associated costs to maintain and improve such districts. Duties may consist of reviewing the annual budget and any other City financial reports necessary to advise the council. The Committee will work with city staff to provide management oversight of the landscape maintenance for the various Districts and non-LLMD landscaped areas throughout the City.

The duties of the Committee do not include decision -making responsibilities regarding spending priorities, funding source decisions, or financing plans. The Committee serves in an advisory -only role to the council, limited to the review of the managerial processes over the Landscape Districts and non-LLMD landscaped areas throughout the City and the use of LLMD revenues, as well as general fund revenues specifically budgeted for landscape maintenance in non-LLMD areas.

Exhibit "A"

Qualifications for Appointment:

The committee will consist of seven members.
• Six of the seven committee members shall be comprised of one person that has residency within the respective council district area.
• One committee member will be at -large.
• Residency may be verified annually by the city clerk's office through (1) voter registration or (2) utility bills (phone, water, cable).

Selection of Members:

The Committee will be composed of seven members. Candidates for the Committee shall complete and submit applications to the City per instructions on the vacancy advertisement. The mayor and city council will appoint their respective Committee members.

Term of Service:

Each term shall be for a period of five years.

Meetings:

The Committee will meet quarterly and provide reports to council on a quarterly basis. The Committee will be subject to the provisions of the Ralph M. Brown Act. Meetings must be noticed and open to the public. Committee minutes and reports are a matter of public record and may be posted on the City's website. Additional meetings may be scheduled as necessary. All Committee members shall attend training and orientation prior to the first regular Committee meeting, including Brown Act training and AB1234 Ethics Training. Committee members are expected to attend all regular Committee meetings.

Failure of the committee members to attend the meetings may result in removal from the Committee at the discretion of the council. Committee decisions and actions require a simple majority vote of those members in attendance. The quorum requirement for any meeting shall be a minimum of four members.

Staff Liaison Appointment:

The Assistant Director of Public Works and/or his designee will serve as staff liaison(s) to the Committee. The liaison(s) will be responsible for providing relevant information to the Committee. The liaison(s) will prepare, post, and distribute agendas and take minutes at each meeting. The liaison (s) will provide the minutes of the Committee's proceedings to the council and the public.

CITY OF FAIRFIELD
RESOLUTION NO.2025-78

ADOPTING UPDATES TO THE LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES

OF THE COMMITTEE
WHEREAS, the City Council adopted Resolution No. 2023-26 Establishing the Fairfield Landscape Oversight Committee and Setting Forth Guidelines and Duties of the Committee; and WHEREAS, the Landscape Oversight Committee and City staff collaborated during the February 27, 2025, and March 20, 2025, Landscape Oversight Committee meetings to prepare the final proposed edits to the Landscape Oversight Committee Guidelines and Duties of the Committee Exhibit "A;" and
WHEREAS, at the April 1, 2025, council meeting, the council determined that the Landscape Oversight Committee shall be subject to the same attendance policy followed by other City committees and commissions and directed staff to incorporate the policy into Exhibit "A;" and WHEREAS, at the April 17, 2025, Landscape Oversight Committee special meeting, the Landscape Oversight Committee reviewed and approved the Proposed Exhibit "A." NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The council hereby approves the updated Landscape Oversight Committee Guidelines and Duties of the Committee, set forth in Exhibit "A" attached hereto.

PASSED AND ADOPTED this 3rd day of June 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: �'"JU
ABSENT: MEMBERS:

ABSTAIN: MEMBERS: �`^Q
MAYOR
ATTEST:

CITY CLERK

EXHIBIT A

LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES
The City Council of the City of Fairfield hereby establishes a Landscape Oversight Committee (Committee) to provide fiscal oversight and review of the Public Works Department's management of landscaping throughout the city. The Committee's primary focus will be to improve the effectiveness, transparency, and financial management of the City's landscape maintenance.

Application/ Recruitment Process:

The standard recruitment process that is used for all other existing City boards, commissions and committees will be utilized to conduct the recruitment of applications for the Committee.

Notice of these vacancies will be advertised in the Fairfield Daily Republic newspaper, posted on the City's website, and posted on the Civic Center notice boards.

Powers and Duties:

The Committee will provide independent oversight of the operational and financial aspects of all Landscaping and Lighting Maintenance Districts (LLMDs) and non-LLMD landscape areas paid for by the General Fund (herein "non-LLMD areas"). Duties shall consist of reviewing the annual budget and any other City financial reports necessary to advise the council. The Committee will report directly to the council.

Key responsibilities include reviewing managerial processes, ensuring transparency and effectiveness, and examining the use of LLMD revenues and General Fund revenues specifically allocated for landscape maintenance in non-LLMD areas. Landscape maintenance that is funded by Enterprise funds and other funding sources are excluded from the Committee's purview.

The Committee, together with staff, will educate District residents as to the operation and function of LLMDs and the associated costs to maintain and improve such districts. The Committee serves in an advisory -only role to the council limited to:

1. The review of operational and financial aspects of LLMD and non-LLMD landscaped areas throughout the city.

2. The review of the use of LLMD revenues (such as assessments, interest earned, general fund contributions and/or loans) and General Fund revenues specifically budgeted for landscape maintenance in non-LLMD areas.

3. Educating residents about the operation and function of LLMDs. 1

The duties of the Committee do not include decision -making responsibilities regarding:
• spending priorities;
• funding source decisions;
• financing plans;
• operational or managerial processes;
• contractor selection or management; or
• any other decision -making responsibilities that pertain to processes, procedures, or policies regarding the City's landscaping.

Qualifications for Appointment:

The Committee will consist of seven members.
• Six Committee Members shall be comprised of one person with residency within the respective council district area.
• One Committee Member will be at -large.
• Residency may be verified annually by the City Clerk's Office through (1) voter registration or (2) utility bills (phone, water, cable).

Selection of Members:

Candidates shall complete and submit applications to the City per instructions on the vacancy advertisement. The mayor and city council will appoint their respective Committee Members.

All Committee Members shall attend orientation and training, including the Brown Act and AB1234 Ethics Training, prior to their first regular Committee meeting.

Terms of Service:

Each Committee Member term shall be for a period of five years.

Election of Committee Chair and Vice Chair:

The Committee shall elect a Chair and Vice Chair at the first meeting of the calendar year with a simple majority vote of the Committee Members in attendance. The Chair and Vice Chair shall serve a one-year term; however, incumbents may be elected to serve additional consecutive or non-consecutive terms.

Meetings•
Schedule and Duration: The Committee shall adopt an annual regular meeting schedule no later than the last meeting of the preceding calendar year. Regular meetings shall be held on a quarterly basis for approximately two hours each meeting. Additional special meetings may be scheduled as necessary.
2

Quorum: The quorum requirement for any meeting shall be a minimum of four members. If the quorum requirement is not met by 10 minutes after the scheduled start time (15 minutes with notification to the staff liaison) the meeting shall be cancelled.

Guidelines: The Committee is subject to the provisions of the Ralph M. Brown Act. Meetings shall be noticed and open to the public. Committee meeting minutes and reports are a matter of public record. Draft meeting minutes shall be posted on the City's website no later than 21 calendar days after conclusion of the meeting.

Voting: Committee decisions and actions require a simple majority vote of those Committee Members in attendance.

Attendance: A Committee Member may have a maximum of two unexcused absences in any twelve-month period. Absences exempt from this Section include:

1. Absences due to medical or family emergencies.

2. Absences due to unforeseen and urgent circumstances.

3. Absences approved in advance by the chairperson or staff liaison.

In the case of a medical or family emergency, or due to unforeseen and urgent circumstances, a Committee Member shall notify the chairperson or staff liaison in writing within 30 days of their absence to request an exemption.

If a Committee Member incurs a third non-exempt absence during any twelve-month period, the Committee Member will be deemed to have resigned their position and shall no longer be a member of the committee.

The staff liaison shall issue a letter to the Committee Member, with a copy to the Mayor, notifying them that they have exceeded the number of absences allowed under this policy, and have therefore resigned their position. The letter shall be personally served to the Committee Member or sent via first-class United States Postal Service (USPS) mail, return receipt requested.

Having received the notice, the Committee Member shall have 10 business days to request an appeal of this section before the City Council. The Committee Member shall submit their request for appeal in writing (either via e-mail, hand delivery, or USPS mail) to the city clerk. The.city clerk shall set the appeal hearing at a regular o,r special meeting of the city council within 45 business days from receiving the request for a hearing from the Committee Member.

If the Committee Member fails to submit the request for a right of appeal within 10 business days, the position shall be deemed vacant.
3

At an appeal hearing brought by a Committee Member under this section, the council shall allow the Committee Member to address the council to explain their absences and provide any documents or other evidence to support their appeal. The council may consider any evidence it deems necessary to make its decision. Following the hearing, by a majority vote the council may affirm the removal of the Committee Member or vote to reinstate the Committee Member to their position on the committee. In the case of a tie vote by the council, the removal of the Committee Member under the section shall be deemed affirmed. The decision of the council shall be final and not subject to appeal.

Staff Liaison Appointment:

The Director of Public Works and/or their designee will serve as staff liaison to the Committee.

The liaison will be responsible for providing relevant information, support, and advice to the Committee. The liaison will prepare, post, and distribute agendas and take minutes at each meeting.
4

Agenda Item No: J.8
I//r
Oit
F

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-154 PW Sacramento and San Joaquin Drainage Property Abatement Program Agreement with Central Valley Flood Protection Board Authorizing City Manager to Execute a Sacramento and San Joaquin Drainage District Property Abatement Program Agreement with the Central Valley Flood Protection Board Funding Source: N/A
Contact: Sanjay Mishra, (707) 428-7477

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute a Sacramento and San Joaquin Drainage District (SSJDD) Property Abatement Program Agreement (Agreement) with the Central Valley Flood Protection Board (CVFPB). The Agreement will allow the City of Fairfield to perform vegetation management, homeless encampment abatement, debris removal, and related maintenance activities on fourteen Sacramento and San Joaquin Drainage District properties within the city limits and receive reimbursement for eligible services.

DISCUSSION
The CVFPB is responsible for managing and controlling the SSJDD and enforcing standards for flood control facilities that are part of California's State Plan of Flood Control. These responsibilities include maintaining flood control properties, remediating damage, and removing debris and other hazards that may impair flood control operations or impact public safety.

The SSJDD owns fourteen parcels throughout the City of Fairfield that support regional flood management infrastructure and provide access to drainage channels, floodways, and other flood control facilities. Maintaining these properties is essential to protecting public safety, water quality, and the long-term effectiveness of the regional flood control system.

In response to the increasing activity of encampments on State-owned properties and in alignment with Governor Newsom's Executive Order N-7-24 issued in March 2022, the CVFPB adopted the SSJDD Property Abatement Policy on March 27, 2026. This policy established the SSJDD Property Abatement Program, which provides a structured framework for local agencies to collaborate with the State in removing debris, hazardous waste, and encampments from SSJDD-owned properties, while also enabling reimbursement for eligible abatement activities.

The SSJDD properties within Fairfield have experienced recurring homeless encampment activity, illegal dumping, vegetation growth, and accumulation of debris. These activities create public safety concerns and increase demand for City resources.

The Fairfield Police Department, Fairfield Fire Department, and Public Works Operations Department routinely respond to issues occurring on these parcels. Typical responses involve Police Department enforcement actions and posting of notices, notification of outreach services, and subsequent Public Works Operations cleanup activities to remove encampments, debris, and hazardous materials.

Police and Fire personnel have also coordinated with the Sacramento and San Joaquin Drainage District regarding enforcement concerns related to illegal encampments, fires, and criminal activity occurring on District -owned properties.

While Fairfield has not experienced significant impacts on flood control operations or drainage maintenance resulting from these activities, the continued presence of encampments and illegal dumping presents several concerns, including:
• Increased risk of vegetation and debris fires
• Accumulation of trash and pollutants within drainage corridors • Potential damage to flood control and drainage infrastructure • Increased demand for Police, Fire, and Public Works resources • Degradation of natural resources and public spaces
• Public health and safety concerns associated with illegal dumping and encampment activity
In the absence of this Agreement, the City would continue to respond to emergency public safety incidents on SSJDD properties; however, the City would not conduct cleanup or abatement activities. Consequently, debris, hazardous waste, and encampment -related materials may remain on -site, potentially leading to increased risks of pollution, fire hazards, and adverse effects on waterways and flood control infrastructure.

The SSJDD Property Abatement Program was established to assist local agencies in addressing unauthorized encampments, vegetation overgrowth, illegal dumping, and related public safety issues occurring on State-owned flood control properties.

The proposed Agreement would authorize the City of Fairfield to perform eligible abatement services on SSJDD properties located within the city limits. Work would be performed on an as - needed basis and may include:
• Vegetation management and weed abatement
• Homeless encampment cleanup and debris removal
• Removal of illegally dumped materials.
• Hazard mitigation activities necessary to protect public safety and flood control infrastructure
• Related maintenance activities approved under the program All work would be subject to authorization and reimbursement procedures established by the CVFPB. Specific abatement activities would be coordinated through a work order approval process to ensure eligibility and compliance with program requirements.

The primary goal of the Agreement is to improve public safety, reduce fire hazards, and protect flood control and drainage infrastructure. Under the Agreement, the City would submit documentation of completed work and associated costs to the CVFPB for reimbursement in accordance with program requirements and available funding.

By entering into this Agreement, the City will be better positioned to proactively remove debris, hazardous waste, and encampments before they can impact waterways, contribute to flooding hazards, or create additional public safety concerns, while recovering eligible costs incurred for these activities.

Upon approval of the resolution, the city manager will negotiate and agree to any minor modification, finalize, and execute the agreement. Public Works Operations Division will submit the completed application package to the CVFPB for consideration and approval.

If approved by the CVFPB, the Agreement will remain in effect for a three-year term unless terminated in accordance with the Agreement provisions. City staff will coordinate with the CVFPB to identify eligible projects, obtain required work authorizations, perform approved abatement activities, and seek reimbursement for eligible costs.

FINANCIAL IMPACT
There is no fiscal impact associated with approval of the Agreement. The Agreement establishes a reimbursement mechanism through which the City may recover eligible costs associated with abatement activities performed on SSJDD properties.

Participation in the program may reduce the City's unreimbursed costs associated with responding to encampments, illegal dumping, vegetation management, and related public safety concerns on State-owned properties.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The City Council may choose not to approve the attached resolution, and the city would continue responding to public safety concerns and cleanup activities on an as -needed basis without a formal agreement or reimbursement.

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 428-7055
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Sacramento and San Joaquin Drainage District Property Abatement Program Agreement

CITY OF FAIRFIELD
RESOLUTION NO. 2026-154

AUTHORIZING THE CITY MANAGER TO EXECUTE A SACRAMENTO AND SAN JOAQUIN

DRAINAGE DISTRICT PROPERTY ABATEMENT PROGRAM AGREEMENT WITH THE CENTRAL

VALLEY FLOOD PROTECTION BOARD
WHEREAS, the Central Valley Flood Protection Board (CVFPB) is responsible for managing and controlling the Sacramento and San Joaquin Drainage District (SSJDD) and protecting the integrity of the State Plan of Flood Control, including State-owned flood control properties within the City of Fairfield; and
WHEREAS, homeless encampments, illegal dumping, vegetation overgrowth, and the accumulation of debris on SSJDD owned properties create public safety hazards, increase the risk of fires, contribute to pollution of waterways, and have the potential to adversely affect flood control infrastructure; and
WHEREAS, the SSJDD Property Abatement Program establishes a reimbursable partnership between the CVFPB and local agencies to perform vegetation management, debris removal, homeless encampment abatement, and related maintenance activities on eligible SSJDD-owned properties, thereby improving public safety, protecting natural resources, and preserving the effectiveness of the State's flood control system.

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

Section 1. The City Council hereby authorizes the city manager, or designee, to execute the Sacramento and San Joaquin Drainage District (SSJDD) Property Abatement Program Agreement with the Central Valley Flood Protection Board (CVFPB).

Section 2. The city manager, or designee, is authorized to take all actions necessary to implement the agreement, including submitting applications, work authorizations, reimbursement requests, and any other documents necessary to carry out the purposes of the SSJDD Property Abatement Program.

RES. NO. 2026-154

PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:

AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESE N/WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

Central Valley Flood Protection Board
SgpFr.
a
Sacramento and San Joaquin
Drainage District
Property Abatement Program
Jamie Silva, Manager
Environmental and Land Management, 2026
For any questions or concerns, please email or call:

Cheryl Rowe, Supervisor Specialist
Cheryl. Rowe(a)cvflood.ca.gov
(916) 719-3909

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet

TABLE OF CONTENTS
CENTRAL VALLEY FLOOD PROTECTION BOARD (Board)
(click on links for navigation — page numbers may shift as the application is completed) A. Executive Program Summary
A-1. Proposal
A-2. Board Goals
A-3. Board Contact Information
B. Program Description
B-1. Methodology Outline
B-2. Program Objectives
B-3. Local Government Entities Compliance
Page #
3 3
3 4
5 5
5 6
B-4.

B-5.

Success Criteria
Resource Links
6 7
C. Submission Checklist (Click here for application document submission list) 8 16
D. Contract
D-1.

Documents and Templates (Sample Contract)
Contract — Standard Agreement (STD 213)
16 D-2.

Exhibit A - Scope of Work (SOW)
17 D-3.

Exhibit A —Attachment 1, Maps
24 D-4.

Exhibit A — Attachment 2, SSJDD Property Abatement Program Policy 25 D-5.

Exhibit A — Attachment 3, LGA Program Policy and Standard Operating Procedures for Unhoused Individuals
33 —
D-6.

Exhibit A — Attachment 3, Work Order
34 D-7.

Exhibit B — Budget Detail and Payment Provisions, Public Entities 37 D-8.

Exhibit B, Attachment 1, Cost Sheet
38 D-9.

Exhibit C — General Terms and Conditions
44 D-10.

D-11.

Exhibit D — Special Terms and Conditions
(Local Public Entities - Payables)
Exhibit E — Additional Provisions
45 —
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
A. EXECUTIVE PROGRAM SUMMARY
The Central Valley Flood Protection Board (Board) is the State agency that establishes, maintains, and enforces standards for the construction, maintenance, and operation of the flood control system to protect life, property, and habitat in California's Central Valley.

The Board owns and manages, through the Sacramento and San Joaquin Drainage District (SSJDD), more than 9,441 parcels, constituting approximately 27,000 acres of land within the Central Valley. As a result of impacts from the unhoused and encampment establishment, some properties under the Board's jurisdiction require abatement from damage and debris accumulation.

On January 8, 2020, Governor Newsom issued Executive Order N-23-20 for State agencies to work with local government agencies to identify and assist with the unhoused crisis.

The Board is committed to working with local government agencies to perform abatement work for activities outside of the duties and responsibilities of the local flood maintainer (i.e., illegal dumping, debris accumulation) from human activity on levees and in waterways where flood maintenance may be severely impeded. In this effort, the Board secured limited funding to assist local government agencies with property abatement and related cleanup for SSJDD levee and waterway properties.

A-1. Proposal
a. The local government agency (LGA) will contract with qualified subcontractors through a competitive bidding process or perform property abatement services on SSJDD property should the work not be able to be performed by the LGA themselves. b. Prior to performing any property abatement services, the LGA will coordinate scheduling, property access, and any other concern with the local maintaining agency (LMA), as to not hinder the on -going operations and maintenance of adjacent flood facilities, if there is overlapping jurisdiction of the proposed worksite. c. The Board will provide financial reimbursement to LGAs via an executed contract for property abatement; removal and legal disposal of trash, debris, and hazardous waste; vegetation maintenance; and installation of approved barriers on SSJDD properties. d. Specific work and timelines will be outlined in each contract with a detailed Scope of Work (SOW) in compliance with the Board's Property Abatement Program.

A-2. Board Goals
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
a. Partner with LGAs to remediate the impact the unhoused population has on SSJDD levee and waterway property.
b. Ensure public safety through site access for flood maintenance and inspections. c. Ensure the protection of the flood control system and wildlife habitat.

A-3. Contact Information
For any questions or concerns, please contact Cheryl.Rowe(a-)_cvflood.ca.gov.

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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet

PROGRAM DESCRIPTION
The Board -managed SSJDD properties where flood maintenance responsibilities are impeded as a result of human occupation, may require removal of vehicles, large debris, construction grading to restore levee structural integrity, vegetation management, legal biohazard disposal, animal control, law enforcement oversight, mental health and social services, and installation of physical barriers and deterrents such as k-rails and signage. This program seeks to provide financial support for work performed on behalf of the SSJDD.

B-1. Methodology Outline
The Board will reimburse LGAs for the following services on SSJDD property:
a. Clean-up, removal and legal disposal of trash, debris, and hazardous waste. b. Vegetation management.
c. Installation of approved physical barriers, and ground surface restoration.

The Board will not reimburse LGAs for the following services:
a. Notices, including Notices to Vacate.
b. Resource education.
c. Social or mental health services.
d. Collection and storage of personal articles.

B-2. Program Objectives
a. Prevent damage to the operational safety of the levees, waterways, flood control structures, and natural environment by abatement of materials and debris on SSJDD property.
b. Partner with LGAs to remove debris, trash, hazardous waste, and perform vegetation management to enable regular maintenance and inspection of levees and waterways.
c. Maintain operational capacity of flood control facilities during high water events by keeping the upstream drainage free from trash and debris. d. Provide safe access for Board staff to conduct all inspection activities for permitting, identifying repairs, and maintenance to secure flood control system integrity.
e. Respect the rights and concerns of unhoused individuals who reside on the SSJDD property.

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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
B-3. Local Government Agency (LGA) Compliance
The LGAs and its subcontractors will comply with federal, State, and local regulations for all tasks performed in the contract. The most conservative and stringent regulations of each agency will be implemented. The following are typical tasks:
a. Educate the public about resources available to person(s) experiencing homelessness, such as referrals to shelters and transportation. b. Ensure all "Notice to Vacate" (NOV) signs are posted in accordance with all local ordinances, protocols, and policies.
c. Remove and store personal property in accordance with local ordinances and policies.

B-4. Success Criteria
a. Public safety through flood maintenance and inspections of flood control facilities, levees, tributaries, bypasses, overflow channels, and basins which are free of debris and hazardous waste within the Board's jurisdiction.
b. Protection of the flood control system and wildlife habitat. c. Vegetation maintenance and physical barrier installations. d. Compliance with all federal, State and local regulations pertaining to:

1. Lawful removal, hauling and disposal of hazardous and biological material to a California Environmental Protection Agency and/or Department of Toxic Substances Control licensed facility.

2. Compliance with the Department of Industrial Relations and Centers for Disease Control (CDC) guidelines.
e. Compliance with all applicable State and federal regulations for workers and public safety.
f. Compliance with all federal, State, and local regulations for all tasks listed in the contract performed by the LGA and all subcontractors.

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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
B-5. RESOURCE LINKS
Central Valley Flood Protection Board — SSJDD Property Abatement Program Resolution 2026-02 Adoption of the Central Valley Flood Protection Board's Abatement Policy (3-27-2026 Board Meeting)
Governor Newsom — Executive Order N-23-20
Central Valley Flood Protection Board
Sacramento bans homeless camas near river levees. Dublic buildinas I abc10.com Central Valley Flood Protection Board, Sacramento, and San Joaquin Drainage District CalEPA I California Environmental Protection Agency
rtment of Toxic Substances Control I DTSC
California Department of Industrial Relations - Home Page Centers for Disease Control and Prevention I CDC
California Interagency Council on Homelessness (Cal-) ICH Cal-ICH — Guidance: Addressing Encampments
Board Parcel Viewer
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C. SUBMISSION CHECKLIST
Please submit your packet in the order listed in this Submission Checklist (click on links for navigation — page numbers may shift as the application is completed) ❑ C-1. Application 9
❑ C-2. Scope of Work Prime and Subcontractor Work Performance Narrative 10 ❑ C-3. Staff Classifications, Hourly Rates, and Duty Statements 11 ❑ I C-4. Proof of Competitive Bidding Process to secure Subcontracting Services 13 ❑ C-5. Copies of Licenses, Registrations, Permits, and Certifications 14 ❑ C-6. Authorization Document(s) from Local Governing Body 15 The Following Items are part of the Submission Checklist and are found under Section D. Contract Documents and Templates:
❑ I D-2. Exhibit A, Scope of Work 17
❑ D-3. Exhibit A, Attachment 1, Maps 24
❑ D-5. Exhibit A, Attachment 3, LGA Program Policy 33
❑ D-6. Exhibit A, Attachment 4, Work Order 34
❑ D-8. Exhibit B, Attachment 1, Cost Sheets 38
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-1. APPLICATION
Applicant's Organization Name (Legal Name as it will appear on the contract):

Mailing Address:

Street Address
PO Box (if applicable)
City, State & Zipcode
Federal Entity Identification Number (FEIN)
Authorized Primary Contact Person for the Contract Application.

By completing the information below, I am acknowledging the information entered in Item C-2, Application, is correct and I am authorized by the organization to complete this application.

Printed First & Last Name
Title:

Phone Number:

Email Address:

Authorized Primary Contact Person Signature:

Signature Date
(Document will be sent later via DocuSian for sianature) Signatory (Authorized to Bind LGA Contractually)
By completing the information below, I am acknowledging the information entered in Item C-2, Application, is correct. _
Printed First & Last Name
Title:

Phone Number:

Email Address:

Authorized Primary Contact Person Signature:

Signature
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-2. SCOPE OF WORK

PRIME AND SUBCONTRACTOR WORK PERFORMANCE NARRATIVE
Provide a short explanation of how the tasks listed in Exhibit A, Scope of Work Exhibit A, Attachment 2, Board Property Abatement Program Policy and Exhibit A, Attachment 3, LGA Program Policy will be accomplished. This narrative can be inserted into this Word Document or emailed separately. The following outline is provided as a guide.

1. Provide brief outline of workflow including who will be the Emergency Response Team (ERT), First Responders.
(Exhibit A, Scope of Work)

2. Which LGA Classification will oversee subcontractors? (Exhibit A, Scope of Work, Item 54

3. Which LGA classification will perform Site Assessment and make Priority determinations? (Exhibit A, Attachment 2, SSJDD Property Abatement Policy, Items 4.1 and 4.2)

4. Who will contact Health and Social Services for outreach services for unhoused individuals? (Exhibit A, Attachment 2, SSJDD Property Abatement Policy, 4.2.b)

5. Hazmat-trained Staff - LGA or subcontractors will evaluate the site for hazards? (Exhibit A, Attachment 2, SSJDD Property Abatement Policv, 4.2.c)

6. Who will post and photograph the Notice to Vacate (NOV)? (Exhibit A, Attachment 2, SSJDD Property Abatement Policy, Item 5.2)

7. Who will collect and store unhoused personal property for reclamation? (Exhibit A, Attachment 2, SSJDD Property Abatement Policv, Items 6.1.g through h and 6.2 through 6.4)

8. Who will perform the cleanup and disposal of debris and hazardous materials? (Exhibit A, Scope of Work)

9. Who will ensure LGA Staff and subcontractors have all applicable licenses, registrations, permits, certifications and insurance current during the contract term? (Exhibit A, Scope of Work and Copies of Licenses, Registrations, Permits and Certificates)

10. Describe the physical barriers contemplated to prevent encampment reestablishment. (Exhibit A, Attachment 2, SSJDD Property Abatement Policy, Item 4.2.d) Back to: Table of Contents or Submission Checklist

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-3. STAFF CLASSIFICATIONS, HOURLY RATES AND DUTY STATEMENTS Provide a list of staff classifications, hourly rates and duty statements for all LGA personnel and its subcontractors, if applicable, who will work directly at the job site.

This list can be provided in this Word document or emailed separately.

The template provided on the following page is optional. You may use your own document to accommodate the duties, and other information provided the staff classification, hourly rates and duty statement for personnel are listed. Add as many pages as necessary, not to exceed ten pages.

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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-3. STAFF CLASSIFICATIONS, HOURLY RATES AND DUTY STATEMENTS (continued) Classification/Title
Duty Statement:
_ Hourly Rate
Classification/Title Hourly Rate
$
Duty Statement:

Classification/Title Hourly Rate
$
Duty Statement:

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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-4. Proof of Competitive Bidding Process to secure Subcontracting Services Provide the following competitive bidding process documentation or equivalent if subcontractors will be utilized for tasks in this contract. This documentation can be emailed as a separate attachment. If subcontractors will not be used in the contract, provide a statement that all Scope of Work tasks will be completed by the LGA, this statement can be in the body of an email.

1. Proof of Posting of Bid Solicitation

2. Solicitation and Bid Documents Package

3. Submitted Bids from all Subcontractors
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-5. COPIES OF LICENSES, REGISTRATIONS,

PERMITS, AND CERTIFICATIONS
Provide a copy of all Licenses, Registrations, Permits, and Certifications required for work completed by LGA Employees and subcontractors. This documentation can be emailed as a separate attachment.

Below is an example list of the Licenses, Registrations, Permits and Certifications the subcontractor or LGA Employee(s) may need to complete property abatement services. This list is not exhaustive. This list is provided as a reference only. The LGA will follow all applicable regulations and requirements for the specific work site location(s).

F. Department of Industrial Relations (DIR) Registration

2. General Engineering Contractors License - Class A with Hazardous Substance Removal Certification issued by the California Department of Consumer Affairs, Contractors State License Board

3. Medical Waste Transporter License from Department of Health Services

4. Hazardous Waste Transporter Registration from the Department of Transportation (DOT) and the Department of Toxic Substances Control DTSC

5. Motor Carrier Permit issued by the State of California, Department of Motor Vehicles (DMV)

6. Hazardous Materials Transportation License issued by the California Highway Patrol (CHP)

7. California Integrated Waste Management Board (CalRecycle) Waste Tire Hauler Permit

8. U.S. Department of Transportation (DOT) Registration Number

9. EPA identification number from the Department of Toxic Substances Control (DTSC)

10. Qualified Drivers Operators License with endorsement to haul hazardous waste from the Department of Motor Vehicles DMV

11. Proof of Hazardous Waste Operation and Emergency Response (HAZWOPER) Training for personnel

12. Industrial Hygiene Certification (CIH)

13. Certified Site Surveillance Technician (CSST)

14. Certified Microbial Consultant (CMC)

15. Certified Microbial Inspector (CMI)

16. Registered Environmental Health Specialist (REHS)
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
C-6. AUTHORIZATION DOCUMENT(S) FROM LOCAL GOVERNING BODY The LGA will provide the Board with a signed copy of the LGA's Resolution or other appropriate documentation that allows the LGA to enter into this contract with the Board. This document will be emailed as a separate PDF Attachment to Cheryl. Rowe(a_)cvflood.ca.gov.

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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
D-1. SAMPLE CONTRACT (STD 213)
STATEOFCAUFORNIA- DEPARTMENTOFGENERALSE c
STANDARD AGREEMENT AGREEMENTNUIaFSER RRevsNIGMM1 RITYNUAIBERIHAppi�.lrlel STD 2131Rev.03-2019i

1. ThisAgreement is "ja.r_a0.J0iq between theComactingAgencyand theCont actornamedbelow.

CONTRACTING AGENCY NAME

CONTRACTOR NMI
2 The term of thisAgreernent Is:

START DATE

THROUGH END DATE
1 The mawmumamount of dusAgmernentis:
a The parties agree to comply with the tens and :onditior s c`the follomr _ exhibes, which are by this re*- ero- made a part of the Agreement

EXHIBITS
TTLE
PAGES
Exhibit A
Exhibit 6
Exhibit C'
Sc:: a of Work
Budget Detail and :5ayrle-it Proviso -is
General'erms and Conditions
Items shown NI'th an asrerissk i `I are hereby inoorwated by reference and made part of this agreement as d attached hereto.

These d=ywnts can be vre,.ed ab tps%tivwwdos.cg.00vCYS s�u�oes IN WITNESS WHERE OFTHIS AGREEMENT HAS BEEN EXECUTED BY THE R.TIES HERETO.

CONTRACTOR
OOHTRACTOR NMIE tillOther than an indirickini stnllalhether a owparad::n, part ad ip etc:

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP

PRINTED NAMEOF PERSON SIGNING TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATESIGNED

STATEOFCALIFORNIA
COPEIRACT W. AGENCY I %q4

CONTRACTING AGENCY ADDRESS
CITY
STATE
JZIP

PRINTED NAMEOF PERSON SIGNING
TITLE

CONTRACTING AGENCY AUTHORIZED SIGNATURE

DATESIGNED

CALIFORNIA DEPARTMENTOFGENERAL SERVICES APPROVAL
EXEMPTION I Appicabkl
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
D-2. EXHIBIT A

SCOPE OF WORK
If needed, please edit the Scope of Work in this document. All changes will be tracked changes. Text in red is to be modified by the LGA. Changes made in a different document will not be recorded in the contract.

1. Background
The purpose of this agreement is to address the abatement of illegal dumping and hauling away of materials and debris located on fee -owned property by the Sacramento and San Joaquin Drainage District (SSJDD), which is managed and controlled by the Central Valley Flood Protection Board (Board).

The Local Government Agency (LGA) will follow local requirements to coordinate and provide outreach services for unhoused individuals at the LGA's expense, The LGA will contract with a specially trained, independent contractor who is experienced, and competent to remediate any threats to public health, safety, and welfare present at the clean-up site. The Board will reimburse the LGA for approved services upon satisfactory completion, see Exhibit A, Attachment 4, Work Order.

2. Introduction
In January 2020, Governor Newsom issued Executive Order N-23-20 requiring all State agencies to work together with local governments to identify and assist with the ongoing unhoused crisis in the State.

Some of the State's unhoused individuals live adjacent to rivers and waterways. Throughout SSJJDD properties there are several areas where flood maintenance has been severely impeded by the illegal dumping of materials and debris placed on SSJDD property.

It is critical to the operational safety of the levees, waterways, flood control structures, and the natural environment to address the need for abatement to prevent damage to the SSJDD properties, surrounding areas, and the environment.

3. Location of Services
SSJDD fee -owned property, managed by the Board, in County / City / Entity. Property abatement activities conducted by the LGA or subcontractors, are only for SSJDD fee -owned property managed by the Board.

Click on this link for the Board Parcel Viewer for more information regarding the SSJDD real estate portfolio.

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SSJDD Property Abatement Program Application Packet

4. Contract Managers
The Contract Managers and Coordinators during the term of this agreement will be:

Central Valley Flood Protection Board
i
Contract Coordinator
Name: Cheryl Rowe
Address: 3310 El Camino Avenue, Suite 170
Sacramento, California 95821
Phone: (916) 719-3909
Email: [email protected]
Central Valley Flood Protection Board
Contract Manager
Local Government Agency Name (LGA)
Name:

Address:

Phone:

Email:

Name:

Address:

Jamie Silva
3310 El Camino Avenue, Suite 170
Name:

Address:

Sacramento, California 95821
Phone:
(916) 837-3554
Phone.

Email:

[email protected]
Email:

Contract Coordinator
LGA
Contract Manager
The Contract Manager and Coordinators can be changed by written notice to the other party.

5. Contractor's Tasks and Responsibilities
a. The LGA will provide all labor and expertise for surveying, documenting, clean-up, collecting, removal, and disposal services involving clean-up abatement actions on the Board's behalf on an as -needed basis per Exhibit A, Attachment 2, Board Property Abatement Program Policy and Exhibit A, Attachment 3, LGA Program Policy for abatement.

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SSJDD Property Abatement Program Application Packet
b. The LGA and subcontractor will follow, at the LGA and subcontractor's expense, all federal, State, and local regulations regarding "Notice to Vacate" signs, education regarding resources to individuals experiencing homelessness, and removal and storage of personal property and valuables from the clean-up site.
c. Prior to performing any property abatement services, the LGA will coordinate scheduling, property access, and any other concern with the local maintaining agency (LMA), as to not hinder the on -going operations and maintenance of adjacent flood facilities, if there is overlapping jurisdiction of the proposed worksite.
d. The LGA anticipates (enter # of projected abatement projects) abatement projects annually. e. The LGA will provide oversight of all subcontractors. f. The LGA or the subcontractor will provide personnel trained to identify and protect themselves from hazards encountered during the clean-up and will:

1. Remove and dispose of all debris, including makeshift shelters, and tents.

2. Remove abandoned vehicles, recreational vehicles, or boats.

3. Safely remove and decontaminate all biohazards including feces, urine, vomit, and food.

4. Remove and legally dispose of all sharps, illegal drugs, paraphernalia, and any materials, surfaces or other items that could be contaminated with infectious diseases.

5. Decontaminate and clean area of chemicals, pollutants, and any other identified substance to ensure health, safety, and water quality.
g. All trash, debris, hazardous waste, and all other personal articles will be removed and disposed of or held for reclamation according to all federal, State, and local governmental regulations, ordinances, and policies.
h. The LGA and subcontractors will comply with all applicable State and federal regulations for workers and public safety.
i. The LGA and subcontractors will comply with all federal, State and local regulations for the lawful management and hauling of biological waste and hazardous material to a disposal site or treatment facility licensed by the California Environmental Protection Agency, the Department of Toxic Substances Control, Department of Industrial Relations and the Center for Disease Control and Prevention (CDC).
j. The LGA and all subcontractors will be responsible for obtaining and maintaining all applicable federal, State and local licenses, registrations, permits, and certifications to accomplish its portion of the work for the term of this contract.

6. Deliverables
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a. The LGA will provide the Board with a report detailing its site assessment and recommended actions to remedy the site. The report must include the following:
(See Exhibit A, Attachment 3, Work Order).

1. Date of request

2. Site assessment and recommendations

3. Requester's name and contact information

4. Scope of services and description of the work to be performed and the project deliverables

5. Estimated quantity of waste, debris, and fees for disposal

6. Estimated personnel and equipment

7. Estimated costs for towing and vehicle removal

8. Location of work (GPS coordinates and/or assessor's parcel number)

9. Dates of service, project schedule, and due dates

10. Total estimated costs
b. The Board will respond to the corresponding Exhibit A, Attachment 3, Work Order within ten (10) business days of receipt of the report and Work Order. c. The LGA will not commence services prior to the written approval from the Board, which may be provided by email.
d. No payment will be made for any work performed prior to approval by the Board. e. The LGA or subcontractor will remove and legally dispose of all debris and materials present. All disposal sites will meet all federal, State, and local regulations in worksites on the Board's fee -owned properties per Exhibit A, Attachment 2, Board Property Abatement Program Policy and Exhibit A, Attachment 3, LGA Program Policy, whichever is more conservative and stringent. This service will include the cleanup, removal, transport, and legal disposal of all debris, trash, vehicles, furniture, clothing, biological, environmentally regulated, hazardous, and non -hazardous waste, and all other personal articles located at these sites, including confined spaces. Biological waste is any material that contains or has been contaminated by a biohazardous agent (risk to human health or the environment) and includes syringes, needles, blood, vomit, and feces.
f. If the LGA fails to satisfactorily complete a deliverable according to the schedule set forth in a Work Order, see Exhibit A, Attachment 3, Work Order, no payment will be made until the deliverable has been satisfactorily completed.

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g. The LGA will maintain a complete project file including before and after photo documentation for each work order performed under this agreement. This file will be made available to the Board's Contract Manager during normal work hours and will be emailed to the Board upon completion of work under the Work Order. h. The LGA will follow guidelines, standards, and operating procedures per Exhibit A, Attachment 2, SSJDD Property Abatement Program Policy and Exhibit A, Attachment 3, LGA Program Policy, whichever is more conservative and stringent, to provide the necessary labor and equipment to complete the debris and waste removal within the time stipulated in each Work Order.

The LGA will review, inspect, and direct abatement services as outlined and completed through this agreement.

The LGA direct billable work hours, for inspection, oversight, and animal services, will start when LGA Staff arrives and starts work at the worksite. The LGA will provide certified time sheets/statements clearly indicating time spent at the worksite. k. The LGA will provide the following:

1. Itemized invoices from subcontractors and vendors detailing the labor classification, time and materials (including trucking services, fees, and consumable materials), for subcontractors and vendors.

2. Disposal and recycling receipts from the approved disposal site. These disposal receipts will include the date of service, cubic yards of trash, and name of the legal disposal dumpsite.

3. Towing and disposal receipts for abandoned vehicles and vehicle parts.

7. Subcontracting Agencies (if applicable):
a. The LGA will hold its subcontractors compliant to obtain and maintain current applicable State and local licenses, registrations, permits, certifications, and insurance during term of this agreement. These licenses, registrations, permits, certifications, and insurance must be submitted to the Board Contract Manager upon request, during the term of this contract and for up to 5 years after the expiration of this contract. b. The LGA will ensure that subcontractors will follow Exhibit A, Attachment 2, SSJDD Property Abatement Program Policy and Exhibit A, Attachment 3, LGA Program Policy, whichever is more conservative and stringent.

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8. Tasks and Responsibilities
a. The Board's Responsibilities

1. The Board is responsible for the authorization of permits and through this contract allows the LGA, its subcontractors, and other service providers to provide property abatement and outreach services to unhoused individuals.

2. The Board has the discretion to stop or prevent work being conducted on SSJDD fee - owned property contemplated by this Agreement at any time.

3. The Board will respond to Work Orders within ten (10) business days of receipt of the Work Order to ensure completeness, the location is on the Board property, and the Work Order sets forth specific, measurable, attainable, realistic, and time -bound deliverables.

4. The Board will assign qualified personnel to monitor the required work, on an as -needed basis, in coordination with the LGA Contract Manager.

5. The Board Contract Manager or Designee will coordinate the Board's work -related matters and Board's operations under this agreement.
b. Invoicing and Payment

1. For services satisfactorily rendered and approved by the Board Contract Manager, and upon receipt and approval of invoices, the Board agrees to compensate the LGA in accordance with Exhibit B, Budget Detail and Payment Provisions and Exhibit B, Attachment 1, Cost Sheet. Incomplete or disputed invoices will be returned to the LGA, unpaid, for correction.

2. The LGA will submit invoices which show each billable hour increment and the type of work performed.

3. The Board will ensure that the LGA's activities in conjunction with the contract are reasonable and necessary to accomplish the Board's objectives and are limited to the clean-up of trash, debris and hazardous waste, vegetation management and the installation of Board -approved barriers.

4. Each invoice will include:
i. Contract number
ii. Invoice number
iii. Service Date(s)
iv. Service Location(s)
v. Number of hours worked by classifications
vi. Hourly rates
vii. Receipts for materials, supplies, and fees
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viii. Work Order description/title
ix. Detailed invoices from sub-contractor/vendors
x. Final Report

5. Each invoice will be submitted by signed hardcopy and electronically to the Board Contract Coordinator; Board Contract Manager will be cc'd.

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D-3. EXHIBIT A, ATTACHMENT 1
MAPS
Provide agency map(s) of locations which overlap with SSJDD property that will be included in this effort. Add as many pages as needed to illustrate the locations. These maps can be emailed as a separate attachment or inserted into this Word Document.

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D-4. EXHIBIT A, ATTACHMENT 2

SSJDD PROPERTY ABATEMENT PROGRAM POLICY

1.0 Directive
The Central Valley Flood Protection Board (Board) is responsible for property, held and owned by the Sacramento and San Joaquin Drainage District (SSJDD) within the Central Valley per CA Water Code Section 8502, which includes maintenance, damage remediation, and debris accumulation disposal, resulting from human occupation as part of the State Plan of Flood Control. Human occupation of these lands may result in the establishment of encampments, illegal dumping, potential public safety hazards such as fires, water quality impacts, sharps or drugs paraphernalia, and direct encounters with unhoused individuals. Removal of encampments and illegal dumping promotes health, safety, and access for flood maintenance inspections and protects the flood control system, wildlife habitat, and water quality. To be compliant with Governor Newsom's Executive Order, EO-7-24, the Board has developed and adopted this policy to address encampments and impacts of unhoused individuals.

Participants enrolled in the Board's reimbursable program will adhere to this policy or their local county ordinances/policies, whichever is the most stringent.

2.0 Contact Information
Jamie Silva, Central Valley Flood Email: Phone:

Environmental Program Protection Board Jamie.Silva(cDcvflood.ca.gov (916) 837-3554 Manager _
Cheryl Rowe, Central Valley Flood Email: Phone:

Supervisor I Protection Board Cheryl.Rowe(a)cvflood.ca.gov (916) 719-3909 Specialist

3.0 Access Authorization
Local government agencies (i.e., cities and counties) will coordinate with the Board's property management staff to obtain a Temporary Entry Permit prior to performing any abatement mitigation unless the entity has an existing and valid contract with the Board. The contract will act as a programmatic agreement between the local entity and the Board to allow temporary access onto SSJDD property.

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4.0 Site Assessment

4.1 When feasible, a site assessment will be conducted by the local government agency staff (Staff) and/or its subcontractors.

Prioritization of each encampment as either a Priority Level 1 (Critical Priority for Expeditious / Urgent Mitigation) or a Priority Level 2 (Other). a. Priority Level 1 (Critical Priority for Expedited / Urgent Mitigation) - Critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be addressed immediately. Non- exclusive examples include: the encampment is on or near an unstable structure at risk of collapse; the encampment poses imminent danger or damage to flood control facilities; hazardous waste poses immediate threat to surrounding water bodies.
b. Priority Level 2 (Other) - All other encampments.

4.2 Site Assessment Action Items and Considerations
a. The local law enforcement authorities will be contacted in advance to assist in the initial site assessment.
b. Staff will contact health and social service providers and request outreach services for unhoused individuals who may be on site. c. Hazmat-trained Staff will evaluate the site for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.
d. If appropriate, Staff will consider the possible placement of physical barriers or other alternatives to prevent future encampments.

5.0 Notices

5.1 Illegal Dumping Removal Notice
a. The local governmental agency will provide the Board's property management staff notice of planned activities at least 24 hours in advance. b. Local law enforcement authorities will be present during cleanup operations. c. If an encampment or unhoused individuals are present, Staff will follow the protocols below.

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SSJDD Property Abatement Program Application Packet

5.2 Encampment Removal Notice
a. Notice to Vacate (NOV) signs will be posted in accordance with the Board's policy or local ordinances, protocols and policies to meet the most conservative and stringent policy.
b. The local government agency will provide the Board's property management staff notice of the planned activities including a copy of the NOV for Priority Level 2 sites.
c. Priority Level 1

1. Local law enforcement authorities will be present during operations.

2. No advance posted NOV is required. If NOV is posted, Local law enforcement authorities will be present during the posting of NOV.

3. If circumstances reasonably allow for advance notice, the local government agency will provide as much advance notice as is reasonable under the circumstances, to be determined on a case -by -case basis.

Location of Posted NOV — Written NOV will be conspicuously posted at each major point of ingress/egress.
ii. NOV should be enclosed with sheet protectors to protect against the weather.
iii. NOV will be filled out completely and include:
a. Posting date and time.
b. Location.
c. "Vacate by" date and time.
d. Telephone number for assistance in obtaining property collected during a removal.
e. The date by which the collected property must be retrieved. f. Removal start and end dates of the abatement work.

4. If prevented from posting the NOV because of hostility, interference, or any other action from persons on site, posting will not be attempted until local law enforcement controls the situation.

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5. If advance written notice is not given and if personal property is collected during the removal, a "removal advisory" will be posted in a prominent location near where the encampment was removed providing information describing the locations of the items that were removed, and a contact phone number for reclaiming collected personal property, including the date by which property must be reclaimed.

6. Time -stamped photographs or videos will be taken of the posted NOV and/or "removal advisory."
d. Priority Level 2

1. Local law enforcement authorities will be present during operations.

2. Local law enforcement authorities will be present during the posting of NOV.

3. Post NOV at least 48 hours before beginning the encampment removal.

Location of Posted NOV - Written NOV will be conspicuously posted at each major point of ingress/egress.
ii. NOV should be enclosed with sheet protectors to protect against the weather.
iii. NOV will be filled out completely and include:
a. Posting date and time.
b. Location.
c. "Vacate by" date and time.
d. Telephone number for assistance in obtaining property collected during a removal.
e. The date by which the collected property must be retrieved. f. Removal start and end dates of the abatement work.

4. If prevented from posting the NOV because of hostility, interference, or any other action from persons on site, posting will not be attempted until local law enforcement controls the situation.

5. Time -stamped photographs or videos will be taken of the posted NOV.

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6.0 Removal Operations

6.1 Procedures
a. Before work at an encampment site is initiated, local law enforcement will be present. Removal operations will not begin when unhoused individuals are in the immediate vicinity. Any unhoused individuals who remains on site when Staff or their subcontractors arrive to begin the removal will be given a reasonable amount of time to remove their possessions before removal begins.
b. Where advance written notice is given, removal work will begin no earlier than the time written on the NOV. If removal work does not begin on the date written on the NOV, the location will be reposted before removal operations begin.
c. If prevented from removal work because of hostility, interference, or any other action from people on site, removal work will not be attempted until local law enforcement controls the situation. No further posting is necessary once Staff and/or subcontractors arrive for removal operations.
d. Time -stamped photographs or videos will be taken before, during, and after removal work has been completed.
e. Hazardous materials -trained Staff will evaluate the site to identify and plan for removal of any hazardous materials.
f. When possible, equipment will be used to gather, pile, and load encampment debris to reduce Staff's exposure to hazardous substances.
g. Any personal property listed in 6.2, Items to be Collected and Available for Reclamation, that is collected, will be stored in a secure location by Staff for not less than 60 days, then discarded if not claimed. h. Collected personal property will be time -stamped photographed, and will be inventoried by describing and labeling the items and identifying the encampment location and the removal date.

6.2 Items to be Collected and Available for Reclamation a. Personal property that is not a health or safety hazard, will be collected, labelled, and stored. Staff and subcontractors will collect the following items:

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1. Items of apparent value - defined as items having an apparent

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SSJDD Property Abatement Program Application Packet
value of $50 or more.

2. Items of apparent personal value including:
i. Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment.
ii. Tents (habitable and uncontaminated).
iii. Personal papers such as photographs, albums, ID's, bank statements, legal papers.
iv. Bicycles, scooters, and strollers in operable condition. v. Backpacks and containers that appear to be in good condition and have been determined by a worker to be free of materials described in section 6.3, Items That Will Be Collected by Hazmat-Trained Personnel and/or by Local Law Enforcement.
b. Due to the urgent circumstances surrounding Priority Level 1 removals, it may not be possible to collect, label, and store items.

6.3 Items That Will Be Collected by Hazmat-Trained Personnel and/or by Local Law Enforcement
Items will be collected, disposed of, or stored in compliance with the applicable laws and regulations related to each item collected. These items may be eligible for reclamation as determined by Hazmat-Trained Personnel and/or by Local Law Enforcement. a. Items that present an immediate health or safety risk, such as:

1. Toxic sharps: needles, scissors, knives.

2. Chemicals: bleach, paint, oils.

3. Items (including bedding and clothing) soiled by infectious materials: human waste, bodily fluids.

4. Moldy, mildewed items.

5. Items that may be infested by rodents and insects: rats, mice, roaches, fleas, lice, bed bugs.

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6. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids.

7. Backpacks and closed containers that have been determined by a hazmat worker to contain items listed above in 6.3. Items That Will Be Collected by Hazmat-Trained Personnel and/or by Local Law Enforcement, Section a. Items 1 through 6 or listed below, Sections b. through f. Other backpacks and closed containers may be discarded where no hazmat worker is present to determine if they contain the aforementioned items.

8. If personal belongings are co -mingled or littered with needles, human waste, or other health risks, employees/subcontractor are not required to sort through such belongings to remove the health and safety risks and may dispose of all the co -mingled items. The presence of clothing in a backpack or container will not be the sole reason to discard the backpack or container. b. Mattresses: furniture with fabric, padding, or porous material; sheds, structures, rolling structures, and bulky items. Sheds, structures, or rolling structures may be demolished if not removed by unhoused individuals prior to the encampment removal. A "bulky item" is any single item that weighs more than 50 pounds and requires more than two people to lift safely. c. Perishable items, perishable food.
d. Controlled or regulated substances, drugs with or without prescription and medications of any kind.
e. Contraband, weapons and illegal items.
f. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash.
g. If Staff or subcontractors have a reasonable doubt as to whether an item constitutes trash, it should be collected and stored. Staff/subcontractors should exercise their best judgment in determining which items should be collected and stored.
h. Motor vehicles will be handled as provided in the Vehicle Code.

6.4 Reclaiming Collected Personal Property
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and when the personal property was last in their possession, and provide a description of the item(s).
b. The person retrieving property will sign and date a document acknowledging receipt of the property. If requested, a receipt should be given to the person retrieving property.

6.5 Record Keeping
a. An After -Action Report will be submitted to the Board within one week of a completed encampment removal. A copy will be saved at the local government agency's offices.
b. The local government entity will create a file for each encampment removal which will be retained for 4 years, which will contain:

1. Photographs and/or videos taken in connection with the removal effort.

2. Writings that reflect assessments, evaluations, summaries, receipts, and notices connected with the encampment removal, items collected during the encampment removal, and items retrieved by individuals.

3. Name(s) of the subcontractor(s) involved in the encampment removal.

4. Name(s) of the health and social service providers.

5. Completed Encampment Removal NOV Forms.

6. Collected Personal Property Forms and receipts.

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D-5. EXHIBIT A, ATTACHMENT 3

LOCAL GOVERNMENT AGENCY (LGA) PROGRAM POLICY

AND OPERATING PROCEDURES FOR UNHOUSED INDIVIDUALS
Provide documentation of LGA's Program Policy and Operating Procedures. This documentation can be emailed as a separate attachment or inserted into this Word Document.

Reference Items:

B. Program Description 5
B-1. Methodology Outline 5
B-2. Program Objectives 5
B-3. Local Government Agency Compliance 6
B-4. Success Criteria 6
B-5. Resource Links 7
D-4. Exhibit A — Attachment 2. Board Property Abatement Program Policy 25 Web California Interagency Council on Homelessness (Cal-ICH) Web Web Cal-ICH Guidance: Addressing Encampments Web
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D-6. EXHIBIT A, ATTACHMENT 3

WORK ORDER
Please enter LGA name and make changes to document as needed in this Work Order.

LGA

WORK ORDER
Request Date:

Request #:

To: Central Valley Flood Protection Board
Work Order Number:
(Board)
3310 El Camino Avenue, Suite 170
Work Order Number must be on Invoice to
Sacramento, California 95821
ensure PROMPT processing and payment
of Invoice.

Contact: Cheryl Rowe
Work Order Request Date:

Phone #: 916 719-3909
Board Contract Number:

Requestor:

Requestor Email:

Requestor Phone:

Work Site Location:

Work Site Parcel Number APN :

Proposed Abatement Date:

Proposed Completion Date:

Draft ERT Report Number (Attach Report):

Description of Request:

Estimated Quantity of Waste and Debris:

Local Maintaining Agency (LMA) Coordination
❑ Respective LMA has been contacted for coordination of work site scheduling, property access and any other concern for proposed services.
❑ No LMA has jurisdiction over the work site.

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Labor Estimate County/City Staff Costs
Quoted Labor Tasks Man Cost per
Hours Hour
A. Labor Estimate County/City Staff Costs Total $
Labor Estimate Subcontractor/Abatement Staff Costs
Quoted Labor Tasks
Man
Cost per
Hours
Hour
B. Labor Estimate Subcontractor/Abatement Costs Total
$
Disposal Fees
Location Description
Units (or)
Cost per
Total
Amount
Unit
C. Disposal Fees Total
$
A. Labor Estimate County/City Staff Costs Total $
B. Labor Estimate Subcontractor/Abatement Costs Total $ C. Disposal Fees Total $
Total Estimate $
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Total
Total

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
Approvals
Requestor Authorization Signature
Signature:

Print Name:

Land Management Authorization Signature
Signature:

Print Name:

Board Contract Coordinator Authorization Signature
Signature:

Print Name:

Date:

Title:

Date:

Title:

Date:

Title:

Board Contract Manager Authorization Signature
Signature: Date:

Print Name: Title:

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D-7. EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS — PUBLIC ENTITIES
A. INVOICING AND PAYMENT
Contractor shall submit three copies of the invoice to the State only after receiving written notice of satisfactory completion or acceptance of work by the DWR Contract Manager. The State will not accept an invoice for work that has not been approved and will return the invoice as a disputed invoice to the Contractor.

Invoices shall be submitted no more often than monthly, in arrears. bearing the contract number.

Contractor must submit three copies of each invoice to the following address 10.9tSjei.t4 expedite approval and payment:

DWR Accounting Office
Contracts Payable Unit
P 0. Box 942836
Sacramento, California 94236-0001
Undisputed invoices shall be paid within 45 days of the date received by the D.NR Accounting Office.

It is mutually agreed that if the Budget Act of the current year and "or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program. this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program. the State shall have the option to either: cancel this Agreement with no liability occurring to the State or offer an Agreement Amendment to Contractor to reflect the reduced amount.

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D-8. EXHIBIT B, ATTACHMENT 1

COST SHEET
Please note any changes within this document. If costs will be the same for each year of the contract, please complete Year 1 and note 'same cost as Year 1' at the top of Cost Sheets Year 2 and Year 3.

Property Abatement Services for SSJDD Properties owned by the Central Valley Flood Protection Board — Year 1
First Year Term Dates:

Description of Expense Rate Projected Total Costs
Hours i
Rate x Projected Hours = Total Cost
Personnel Expenses
Inspection and oversight (jobsite) $ $
A. Total Personnel Expenses $
Subcontractor Services '
(by Subcontractor —
Add Additional Pages if Needed)
$
Abatement $
Excavator $
$
Loader $
$
Labor $
$
Per Mile
Towing (rate is based on projected miles) $ 1 Is
B. Total Subcontractor Expenses $
Description of Expense Rate Projected
Ton/Load
Other Expenses
Disposal Fees $ $
Equipment Rentals $ $
P MEW r
C. Total Other Expenses 0:
***Cost Sheet Year 1 continues on the Following Page***

Total Costs

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
A. Total Personnel Expenses
B. Total Subcontractor Expenses
C. Total Other Expenses
D. Total Personnel & Subcontractor Expenses (Add A + B) E. Approved Indirect Rate (not to exceed 10% of Personnel & Subcontractor Expenses) (D x <_.10)
F. Year 1 Expenses Grand Total (Add C+D+E)
Authorized Signatory (Authorized to Bind Entity Contractually) Printed First & Last
Name
Title:

Phone Number:

Email Address:

Authorized Signatory Signature:

Date:
***Cost Sheet Year 2 starts on the Following Page***
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Property Abatement Services for SSJDD Properties owned by the Central Valley Flood Protection Board — Year 2
Second Year Term Dates:

Description of Expense Rate Projected Total Costs
Hours
Rate x Projected Hours = Total Cost
Personnel Expenses
Inspection and oversight (jobsite) $ $
G. Total Personnel Expenses In $
Subcontractor Services
(by Subcontractor —
Add Additional Pages if Needed)
Abatement $
Excavator $
Loader $
Labor $
Per Mile
"Towinge is based on projected miles) $
H. Total Subcontractor Expenses
Description of Expense Rate Projected
Ton/Load
Other Expenses
Disposal Fees $
Equipment Rentals $
Other Expenses '111111111W MENU
***Cost Sheet Year 2 continues on the Following Page***

Total Costs

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
G. Total Personnel Expenses
H. Total Subcontractor Expenses
I. Total Other Expenses
J. Total Personnel & Subcontractor Expenses (Add G + H) K. Approved Indirect Rate (not to exceed 10% of Personnel & Subcontractor Expenses) (J x <_.10)
L. Year 2 Expenses Grand Total (Add I+J+K)
Authorized Signatory (Authorized to Bind Entity Contractually) Printed First & Last
Name
Title:

Phone Number:

Email Address:

Authorized Signatory Signature:

Date:
***Cost Sheet Year 3 starts on the Following Page***
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Property Abatement Services for SSJDD Properties owned by the Central Valley Flood Protection Board — Year 3
Third Year Term Dates:

Description of Expense
Rate Projected
Hours
Rate x Projected Hours = Total Cost
IExpenses
Inspection and oversight (jobsite)
$
$
M. Total Personnel Expenses
$
Subcontractor Services
(by Subcontractor —
Add Additional Pages if Needed)
Abatement
$
$
Excavator
$
$
Loader
$
$
Labor
$
$
Per Mile
Towing (rate is based on projected miles)
$
Fs
N. Total Subcontractor Expenses
$
Description of Expense Rate Projected
Ton/Load
Other Expenses
Disposal Fees $ $
Equipment Rentals $ $
Or 011W
. Total Other Expenses $
***Cost Sheet Year 3 continues on the Following Page***

Total Costs
Total Costs

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
M. Total Personnel Expenses
N. Total Subcontractor Expenses
O. Total Other Expenses
P. Total Personnel & Subcontractor Expenses (Add M + N) Q. Approved Indirect Rate (not to exceed 10% of Personnel & Subcontractor Expenses) (P x :5.10)
R. Expenses Grand Total (Add O+P+Q)
Authorized Signatory (Authorized to Bind Entity Contractually) Printed First & Last
Name
Title:

Phone Number:

Email Address:

Authorized Signatory Signature:
***End of Cost Sheet***
G
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D-9. EXHIBIT C

GENERAL TERMS AND CONDITIONS
Under the State of California's standardized contract process, a hard copy of Exhibit C is not included in the standard agreement package. As indicated on the Std. 213, a copy of Exhibit C can be found at this internet site:

GTC 02/2025
Or you may copy and paste the following text for the GTC listing from the DGS website:
https://www.dgs.ca.gov/0LS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
D-10. EXHIBIT D
SPECIAL TERMS AND CONDITIONS (LOCAL PUBLIC ENTITIES — PAYABLES)

EXHIBIT D—Special Terms and Conditions for
Department of Water Resources
(Local Public Entities - Payables)
1 RESOLUTION OF DISPUTES: In the event of a dispute, Contractor shsl fi e a `Notice of Dispute' with the Director or the Director's Designee within ten (10) days of discovery of the problem The State and Contractor shall then attempt to negotiate a resolution of such claim and, if apprcpr ste, prc cess an amerdrnent to implement the terms of any such resolution If the State and Contractor are unable to resolve the dispute, the decision of the Deputy Director of Business OFe-raticns shall be final, unless appealed to a court of competent jurisdiction.

In the event of a dispute, the language contained within this agreement shall prevail over any other language ircluding that o`the bid prop-osal.

2. PAYMENT RETENTION CLAUSE —en percent of any progress payments that maybe provided for unde• this contract shall be withheld per F ub lic Contract Code Section 10346 pending satisfactory completion of a I services under the contract.
3 RENE'AAL OF CCC: Contractor shall rerew the Contractor Certification Clauses o< successor documents- every (3) years or as changes occur, whichever occurs sooner

4. .AGENCY LIABILITY The Contractor warrants by execution of this Agreemert that no person or selling agency has been employed or retained to solicit or secure this Agreement upon sgreemert or understanding fe• a commission percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of_ecurirg business. For breach or violation of this warranty, the State shall, in addition to other remedies providec oy law, have the right to annul this .Agreement without liability, paying only for the val ue of the work actually performed, cr othernvise recover the full amount of such commission, percertage. brokerage, or contingent fee. 5 POTENTIAL SUBCCNTRACTORS: Nothing contained in this Agreement or ott ernvise =_ha I create any contractual relation behveer the State and any subcontractors and rc subcontract shall relieve the Contractor of its responsibilities and obligations hereunder The Contractor agrees to be as fulty responsible to the State for the acts srd omissions of its subcontrsctcrs srd of persons either directly or indirectly employed by any of them as d is for the a is and omissions of persons directly employed by the Contractor The Contractor's obligation to pay its subcortrsctors is an indepencent obligation from the State's obligation to make payments to the Contractor .As a result, the State shall have no obligation to pay or enforce the payment of any moreys to any subcontractor. 6 SUBCONTRACTING: 'Should it be necessary to subcontract for supplemental services or specialists, the Contractor shall obtain prior written concert from DWR. If the subcontracts total more than $50,000 or 25% of the total contract, whichever is less, then the Contractor must certify that the subcontractor has been selected by the Contractor pursuant to a bidding process requiring at least three bics from resporsible bidders or pursuant to the procedures set forth in Govemment Code Section 4525 et seq., as applicable. If Contractor is unable to obtain three competitive bids or three Statement of Qualifications . Contractor shall submit a written explanation to D'JuR DWR wII then decide whether to seek authorization to allow Contractor to proceed with the proposed subcontract Contractors shall assure that all administrative fees for subcontracts are ressonabte considering the seances being provided and the oversight required Contractor shall only pay overhead charges on the first S25,000 for each subcontract."
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Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet

COMPUTER SOFTVYARE For contracts in which software usage is an essential element of performance under this Agreement, the Contractor certifies that it has appropriate sys-ems and controls in place to ensure that state b.mds will not be used in the performance of this contract for the sccuisition, operation or maintenance of computer software in violation of copyright laws.
8 REPORT OF RECYCLED CONTENT CERTIFICATION: In accordance with Public Contract Code Sections 12200-12217, et seq and 12153-121513 et seq. the contractor must complete and return the form DAIR 9557.

Recycled Content Certification, for each required products to the Department at the conclusion of the services specified in this contract Form DWR 9557 is attschec to this Exhibit and rnsce a part of this contract by this reference.
9 REIMBURSEMENT CLAUSE If applicaole, travel srd per diem expenses to be reimbursed under this contract shall be st the same rates the State provides for unrepresented employees in accordance with the provisions of Title 2, Chapter 3 of the California Code of Regulations Contraotor's designated headcuarters for the purpo=_e of computing such experses shall be:

10. 7ERMINA7I0N CLAUSE The State may terminate this contract without cause upon 30 days advance written notice The Contractor shah be reimbursed for all reasonable expenses incurred up to the date of terminator. 11 CONTRACTOR COOPERATION DURING IN'JESTIGAT] ON: Contractor agrees to cooperate fully in any investigation conducted by or for DWR regarding unsatisfactory work or allegedly unlawful conduct by D'AR employees or DWR contractors. The word ': ooperate' includes but is not limited to, in a timety manner making Contractor staff available for interview srd Contractor records srd documents available for review

12. CONFLIC— OF INTEREST
a. Current and Former Lts'e Emoloyees: Contractor should be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of ary person rendering services or involved vvtr) the Agreement• the swardirg agency must be contacted immedistety for clarification.
(1 i Current State Employees (PCC §10410)
(a) No officer or employee shay engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which Ls sponsored or funded by any state agency, unless the employment, activity or enterprise is reoui red as a condition of regular state employment.
(b ) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services
(2i Former State Employees (PCC §10411)
(a) For the two-year period from the date he or st•e left state employment. no former state officer or employee may enter into a contract in which he or she engaged in any of the regotiaticns, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. (b ) For the twelve-month period from the date he or she left state employment no former state officer or employee may enter irto a contract with any state ageroy if Fe or she was employed by that state agency in a policy -making position in the same general subje--t area as the proposed contract within the 12-month period prior to his or her leavirg state service Back to: Table of Contents or Submission Checklist

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet

b. Penalty for Violation:
{a) If the Contractor vicletrs any provisions of above paragraphs, such aebon by Contractor shall rendar this Agreement void. (PCC §10420)
e. Members of Boards and Commissions'
(a) Members of boards and commissions are exempt from this section if they do not re( -,ewe paymert other than payment of each meeting of the board or commission payment for preparatory time anc payment far par diem fPCC §10430 {a)
d. Represertational Conil.ct of Interest:
7hre Contractor must disclose to the DWR Program Manager any aetiwitias by oontraetororsubcentractor pemcnrel involving representation of parties. or provision of consultation services to parties, who are sc versanal to DWR DVVR may immediately terminate this contract if the contractor fails to disclose the information required by this section. DWR may immediately terminate this contract if any conflicts of interest cannot be reconciled with the performance of services under this contract. a Financial Interest in Contracts,.

Contractor should also be aware of the following provisions of Government Code §1090:
`Members of the Legislature, stalls, county district, judicial district, and tatty officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capavAyr.- t. Prohibition for Consulting Services Contracts:

For consulting services contracts fsee PCC §10W5.5). the Contractor and any subcontractors (except for suboontradors who provide services amounting to 10 percent or less of the contra -at price) may not submit a bid!3O4, or be awarded a contract for the provision of services, proctirement of goads Qr auppfies or any other related action which is required, suggested, or odherwise deemed appropriate in the end product of such a consulting services contract (sea PCC §10385.5). 13- COMMERCIAL DRIVER MEAL PERIOD AND REST PERIOD: To, comply with Supreme Court case Dyn-amex Operations West, Inc. v. Superiar Court (2019) 4 Cal .5th 903, Contractor shall ensure that commercial d rivars employed or subcontracted for under this contract shall receive meal periods and rest periods commensurate with those required by Department of Industrial Relations Wage Order 9. sections 11 and 12:
httgs IMwuur_di r_ca.ao-yWA CnV4C/Vticle9_pdf.

14. ORDER OF PRECEDENCE: In the event of any inconsistency between the term, specificat-ors, prcvvisions cr attachmantswhich constihAa this Contract, the following order of prersadanoe shall appl-y a) The General Terms and Gondibons;
b} The Std_ 213;
c) The Scope 9f Work
d) Any other incorporated attachments in the Contract by reference Back to: Tahla of r�nnfnnfc nr submission Checklist

Central Valley Flood Protection Board (The Board)
SSJDD Property Abatement Program Application Packet
D-11. EXHIBIT E

ADDITONAL PROVISIONS
Executive Order N-6-22 — Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U. S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities. that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

GenAl Technology Use & Reporting
The State of California seeks to realize the potential benefits of GenAl, through the development and deployment of GenAl tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAl as a deliverable to the State; or (2), intends to utilize GenAl. including GenAl from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986. 2 Definitions for GenAl. Failure to report GenAl to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non -disclosure.

Upon notification by a Bidder / Offeror of GenAl as required, the State reserves the right to incorporate GenAl Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State. Government Code 11549. 64 defines "Generative Artificial Intelligence (GenAl)" as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data.

1. A Subcontractor(s) can be added to this Agreement through an approved amendment. The Contractor (LGA) will provide competitive bidding process documentation or equivalent to initiate the Amendment as shown below:
a. Proof of Posting of Bid Solicitation
b. Solicitation and Bid Documents
c. Submitted Bids from all Subcontractors
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Agenda Item No: J.9
I//r
Oit
F

AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-155 CD -North Bay Purchase and Sale Agreement Approving and Authorizing the Execution of the Purchase and Sale Agreement Between the City of Fairfield and North Bay Healthcare Corporation for the Property Located on Suisun Valley Road (Assessor Parcel Number 0027-260-230)
Funding Source: N/A
Contact: Dave Zellers, (707) 428-7436

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Staff are recommending that the City of Fairfield enter into the Purchase and Sale Agreement with Northbay Healthcare Corporation for the purpose of selling the 6.71-acre parcel located on Suisun Valley Road Assessor Parcel Number (APN) 0027-260-230.

DISCUSSION
The City owns a 6.71-acre parcel located on Suisun Valley Road (Property). North Bay Healthcare Corporation (North Bay), which owns the adjacent parcel, has expressed interest in acquiring the Property for the development of a new hospital campus.

On July 1, 2025, the City Council declared the Property as surplus land. The California Department of Housing and Community Development (HCD) subsequently confirmed the City's compliance with surplus land requirements on October 15, 2025.

The City and North Bay have negotiated the proposed Purchase and Sale Agreement (Purchase Agreement) under which Northbay would purchase the Property for its appraised fair market value of $1,460,000. The Purchase Agreement also includes a provision allowing the City to repurchase an easement on the Property for the future installation of an electronic billboard.

Both parties wish to move forward with the transaction and are prepared to execute the Purchase Agreement.

FINANCIAL IMPACT
The purchase price for the Property is $1,460,000. Proceeds from the sale will be deposited into the Intergovernmental Loan Fund for future economic development purposes (Fund 551).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose to modify or deny the proposed Purchase Agreement.

COORDINATED WITH
City Attorney's Office

STAFF CONTACT
Jennifer Rice, Economic Development Specialist
(707) 428-7727
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Purchase and Sale Agreement

CITY OF FAIRFIELD
RESOLUTION NO. 2026-155

APPROVING AND AUTHORIZING THE EXECUTION OF THE PURCHASE AND SALE AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND NORTHBAY HEALTHCARE CORPORATION FOR THE PROPERTY LOCATED ON SUISUN VALLEY ROAD (ASSESSOR PARCEL NUMBER 0027-260-230) WHEREAS, the City of Fairfield is the owner of the 6.71-acre parcel located on Suisun Valley Road and known as Assessor Parcel Number 0027-260-23 (Property); and WHEREAS, North Bay Healthcare Corporation (Northbay) wishes to purchase the Property from the City for a new hospital campus; and
WHEREAS, the City wishes to sell the Property to North Bay; and WHEREAS, the City and North Bay Healthcare Corporation wish to enter into the proposed Purchase and Sale Agreement to acquire the Property.

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

Section 1. The council hereby approves the Purchase and Sale Agreement by and between the City of Fairfield and North Bay Healthcare Corporation substantially in the form and content presented and attached hereto as Exhibit A.

Section 2. The city manager or designee is authorized to do all things necessary to implement and execute the Purchase and Sale Agreement attached as Exhibit A.

RES. NO. 2026-155

PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:

AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESE N/WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK

Docusign Envelope ID: 60E001CC-566D-8673-80FB-7169DFE6B1AD

PURCHASE AND SALE AGREEMENT
Suisun Valley Road, Fairfield, California, 94534)
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this "Agreement") is dated as of , 2026 (the "Effective Date") and is entered into by and between the CITY OF FAIRFIELD, a municipal corporation ("City" or "Seller"), and NORTHBAY HEALTHCARE CORPORATION, a California nonprofit public benefit corporation ("NorthBay" or "Buyer").

A. Seller is the owner of certain unimproved real property located in the City of Fairfield, County of Solano, commonly known as APN 0027-260-230 Suisun Valley Road, Fairfield, California, 94534 and more particularly described on the attached Exhibit "A" (the "Land"). As used in this Agreement, "Property" means collectively the following: (A) the Land; and (B) all rights, privileges, easements and rights -of -way appurtenant to, or used in connection with the beneficial use and enjoyment of the Land, including, without limitation, all licenses, privileges, benefits, tenements, hereditaments and appurtenances pertaining to the Land; riparian rights and rights of ingress or egress or other interest in, on or to any land, highway, street, road or avenue, open or proposed in, on, across, in front of, abutting or adjoining the Land; and water, mineral, oil, gas and similar estates and rights.

B. Seller wishes to sell the Property to Buyer and Buyer wishes to purchase the Property from Seller, all on the terms, covenants and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and other valuable consideration, Seller and Buyer agree as follows:

1. Purchase and Sale. Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, the Property for the price and in accordance with the terms and conditions set forth in this Agreement.

2. Purchase Price and Pam. The purchase price of the Property shall be One Million Four Hundred and Sixty Thousand Dollars ($1,460,000.00) (the "Purchase Price"). The Purchase Price shall be paid at Closing (defined in Section 6.1) in cash. Within five (5) days of full execution of this Agreement, Buyer and Seller shall deliver a copy of this fully executed Agreement to and open an escrow with Placer Title Company (as escrow holder and title company, hereinafter referred to as the "Title Company"), 1300 Oliver Road, Suite 120, Fairfield, CA 94534, Attn: Kelly Guglielmo, Phone: (707)429-2211; Email: [email protected].

Within three (3) business days after receiving the wire transfer instructions for the escrow, Buyer shall deposit cash into the escrow in the amount of One Hundred Thousand Dollars ($100,000.00) (the "Earnest Money"). The Earnest Money shall be nonrefundable on the date Buyer waives (or is deemed to have waived) the Due Diligence Contingencies (defined in Section 5), subject to the issuance of the Title Policy (defined in Section 6.1). The Earnest Money shall be deposited into a federally -insured interest -bearing account by the Title Company. At Closing, the Earnest Money, together with all interest accrued thereon, shall be credited against the Purchase Price. If Closing does not occur due to a termination of this Agreement by Buyer based on a Seller default or failure of a condition to Closing, then the Earnest Money (less the Independent Consideration described below) shall be returned to Buyer together with any interest accrued thereon.

Docusign Envelope ID: 60E001CC-566D-8673-80FB-7169DFE6B1AD One Hundred Dollars ($100.00) of the Earnest Money Deposit (the "Independent Consideration") shall be non-refundable to Buyer under any circumstances. The Independent Consideration is an amount for which the parties bargained and to that they agreed as consideration for Buyer's right to inspect and purchase the Property pursuant to this Agreement and for Seller's execution, delivery and performance of this Agreement.

3. Due Diligence Deliveries.

3.1 Title Report. Within five (5) business days of the Effective Date, Buyer shall provide a preliminary title report for the Property (the "Title Report") from the Title Company. Within twenty-one (21) days after the Effective Date, Buyer may disapprove of any exception listed in the Title Report, as timely updated by survey exceptions based on any ALTA survey obtained by Buyer, by delivering written notice to Seller ("Buyer's Title Notice") specifying each title defect or matter for which Buyer is requesting a cure by Seller ("Title Defect"). Buyer's failure to deliver Buyer's Title Notice to Seller within the time period specified above shall be a conclusive presumption that Buyer has approved the Title Report. Within five (5) business days after receiving Buyer's Title Notice, Seller shall deliver to Buyer written notice ("Seller's Title Notice") of those Title Defects which Seller covenants and agrees to either eliminate or cure by the Closing Date (defined in Section 6.1). Seller's failure to deliver Seller's Title Notice to Buyer within the time period specified above shall be deemed to constitute Seller's election not to eliminate or cure any such Title Defect. If Seller elects (or is deemed to have elected) not to eliminate or cure any Title Defects, Buyer shall have the right, by written notice delivered to Seller on or before the Due Diligence Deadline Date (defined in Section 5 below), to either: (i) waive in writing its prior notice as to the Title Defects that Seller has elected not to cure or (ii) terminate this Agreement in writing, in which event the provisions set forth hereinbelow shall apply. Buyer's failure to deliver written notice or termination or waiver, as applicable, on or before the Due Diligence Deadline Date shall be a conclusive presumption that Buyer has approved the Title Report and this Agreement shall remain in full force and effect. All title and survey matters approved or deemed approved by Buyer are hereinafter referred to as "Permitted Exceptions", except that in no event shall any deed of trust, mortgage, judgment lien, mechanics lien, lien for delinquent taxes or other monetary lien (except for liens for prorated assessments not yet payable) constitute a Permitted Exception (and the obligations secured by any such deed of trust or other lien shall be paid at Closing by the Title Company as escrow holder from proceeds of the sale).

If Buyer timely notifies Seller of Buyer's election to terminate this Agreement, the following termination procedures shall apply: (a) the respective obligations of Buyer and Seller under this Agreement shall terminate (except as to matters that expressly survive termination of this Agreement); (b) each party shall promptly execute and deliver to the Title Company such documents as the Title Company may reasonably require to evidence the termination; and (c) to the extent the Earnest Money is refundable, the Earnest Money deposited by Buyer (and all interest earned thereon) shall be returned to Buyer.

3.2 Delivery of Documents. Within five (5) business days of the Effective Date, except for documents previously delivered by Seller to Buyer, Seller shall deliver to Buyer copies of all material documents regarding the Property in Seller's possession or control, including all statutory disclosures to the extent required by state or local law, and if required, a Federal Lead- OA