Cities Index.
Revised Agenda (PDF)

Fairfield City Council
July 7, 2026

Document
Revised Agenda (PDF)
Meeting
July 7, 2026
Body
Fairfield City Council
Pages
551
Original file
38.4 MB
Text extracted from the city's file for reading and search. Open the original on pub-fairfield.escribemeetings.com. That file is the official record.

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APPENDIX 1 $[PAR] IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A CLOSING CERTIFICATE OF ONE LAKE HOLDING LLC [Closing Date], 2026 City of Fairfield 1000 Webster Street Fairfield, California 94533 City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) 1000 Webster Street Fairfield, California 94533 Stifel, Nicolaus & Company, Incorporated One Montgomery Street, 36th Floor San Francisco, California 94104 Ladies and Gentlemen: Reference is made to the Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2026A (the “Bonds”) and to the Bond Purchase Agreement, dated [Pricing Date], 2026 (the “Purchase Agreement”), by and between the City of Fairfield and Stifel, Nicolaus & Company, Incorporated, entered into in connection therewith. This Closing Certificate of One Lake Holding LLC (the “Closing Certificate”) is delivered by One Lake Holding LLC, a Delaware limited liability company (the “Master Developer”) pursuant to the Purchase Agreement. Capitalized terms that are used herein and not otherwise defined have the meanings ascribed to them in the Letter of Representations of One Lake Holding LLC dated _________, 2026 (the “Letter of Representations”), delivered by the Master Developer. The undersigned certifies that the undersigned is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of the Master Developer. The undersigned, on behalf of the Master Developer, further certifies as follows: 1. The Master Developer has received the final Official Statement relating to the Bonds (the “Final Official Statement”). To the Actual Knowledge of the Undersigned, each statement, representation and warranty that was made in the Letter of Representations is true and correct in all material respects on and as of the date hereof with the same effect as if made on the date hereof, except that all references therein to the Preliminary Official Statement shall be deemed to be references to the Final Official Statement and all references to the Master Developer Continuing

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Disclosure Certificate shall be deemed to be references to the Master Developer Continuing Disclosure Certificate as executed by the Master Developer. 2. To the Actual Knowledge of the Undersigned, no event has occurred since the date of the Preliminary Official Statement which affects the statements and information that are described in Paragraph 5 of the Letter of Representations (and subject to the limitations and exclusions contained in Paragraph 5 of the Letter of Representations) relating to the Master Developer, its ownership of the Property, the Master Developer’s development plan, the Master Developer’s financing plan and contractual arrangements of the Master Developer which should be disclosed in the Final Official Statement for the purposes for which it is to be used in order to make such statements and information that are contained in the Final Official Statement not misleading in any material respect. 3. The Master Developer has duly authorized the execution and delivery of the Master Developer Continuing Disclosure Certificate and is duly authorized to perform the obligations on its part to be performed thereunder, and the Master Developer Continuing Disclosure Certificate constitutes the legal, valid and binding obligations of the Master Developer, enforceable against it in accordance with its terms, subject to bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance and other similar laws affecting the rights of creditors and certain equitable, legal or statutory principles affecting enforcement of contractual rights generally, regardless of whether such enforcement is considered in a proceeding of law or equity. 4. For the period through 25 days after the “end of the underwriting period” (as such term is defined in the Purchase Agreement to mean the Closing Date), if any event that relates to or affects the Master Developer, its ownership of the Property, the Master Developer’s development plan, the Master Developer’s financing plan and contractual arrangements of the Master Developer shall occur as a result of which it is necessary, in the opinion of the Underwriter or counsel to the City, to amend or supplement the Final Official Statement in order to make the information under the captions of the Final Official Statement that are described in Paragraph 5 of the Letter of Representations (and subject to the limitations and exclusions contained in Paragraph 5 of the Letter of Representations) not misleading, in the light of the circumstances under which they were made, the Master Developer shall reasonably cooperate with the City and the Underwriter in the preparation of an amendment or supplement to the information described in the captions of the Final Official Statement that are described in Paragraph 5 of the Letter of Representations (and subject to the limitations and exclusions contained in Paragraph 5 of the Letter of Representations). Such amendment or supplement shall be in form and substance satisfactory to the Underwriter and counsel to the Community Facilities District and shall amend or supplement the Final Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact that is necessary to make the statements therein, in the light of the circumstances under which such statements were made, not misleading.

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5. The undersigned has executed this Closing Certificate solely in the undersigned’s capacity as an officer or representative of the Master Developer and the undersigned will have no personal liability arising from or relating to this Closing Certificate. Any liability that arises from or relates to this Closing Certificate may only be asserted against the Master Developer. ONE LAKE HOLDING LLC, a Delaware limited liability company By: Name: Title:

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APPENDIX 2 IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A EXCERPTS FROM THE APPRAISAL REPORT

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EXHIBIT C-2 IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A LETTER OF REPRESENTATIONS OF [MERCHANT BUILDER] _________, 2026 City of Fairfield 1000 Webster Street Fairfield, California 94533 City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) 1000 Webster Street Fairfield, California 94533 Stifel, Nicolaus & Company, Incorporated One Montgomery Street, 36th Floor San Francisco, California 94104 Ladies and Gentlemen: Reference is made to the Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2026A (the “Bonds”) and to the Bond Purchase Agreement (the “Purchase Agreement”), by and between the City of Fairfield (the “City”) and Stifel, Nicolaus & Company, Incorporated (the “Underwriter”), to be entered into in connection therewith. This Letter of Representations of [Merchant Builder] (the “Letter of Representations”) is delivered pursuant to and in satisfaction of Section 3(d)(12) of the Purchase Agreement. Capitalized terms that are used herein and not otherwise defined have the meanings ascribed to them in the Purchase Agreement. The undersigned certifies that the undersigned is familiar with the facts herein and is authorized and qualified to certify the same as an authorized officer or representative of [Merchant Builder Full Name] (the “Merchant Builder”), and the undersigned, on behalf of the Merchant Builder, further certifies as follows: 1. The Merchant Builder is validly existing and in good standing as a limited liability company under the laws of the State of California and is in good standing in the State of California, and has all requisite right, power and authority: (i) to execute and deliver this Letter of Representations; (ii) to execute and deliver at Closing [and perform its obligations under the Continuing Disclosure Certificate (Property Owner –Lennar Homes of California, LLC) (the “Merchant Builder Continuing Disclosure Certificate”), to be entered into by the Merchant Builder][Applicable Builders Only]; and (iii) to develop its property in Improvement Area No. 1 (the “Improvement Area”) of City of Fairfield Community Facilities District No. 2023-1 (One Lake

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Planning Area 5) (the “Community Facilities District”) as described in the Preliminary Official Statement relating to the Bonds dated the date hereof (the “Preliminary Official Statement”). 2. As set forth in the Preliminary Official Statement, title to a certain portion of the property within the Improvement Area is held in the name of, or under option to, the Merchant Builder (the “Property”). The undersigned, on behalf of the Merchant Builder, makes the representations herein with respect to all such Property. Except as otherwise described in the Preliminary Official Statement, the Merchant Builder is, and the Merchant Builder’s current expectations are that the Merchant Builder shall remain, the party responsible for the development of the Property. The Merchant Builder has not entered into an agreement for development or management of the Property by any other entity, except for [the option agreement with DRP CA4, LLC (the “K. Hovnanian Landbank”) and][K. Hovnanian only] such subcontracts, consultant agreements and similar agreements for land development activities associated with the Merchant Builder’s development plan as are entered into in the ordinary course of business. [Pursuant to a landbank option arrangement between Merchant Builder and K. Hovnanian Landbank (the “Option Agreement”), the Merchant Builder acquired lots within the Improvement Area from K. Hovnanian Landbank and has an option to acquire additional lots within the Improvement Area from K. Hovnanian Landbank pursuant to the Option Agreement, as described in the Preliminary Official Statement. Except as otherwise described in the Preliminary Official Statement, the Merchant Builder is the party responsible for the development (i.e., the construction of homes) of the portion of the Property it acquires from . Hovnanian Landbank.] [K. Hovnanian only] 3. To the Actual Knowledge of the Undersigned,1 and except as described in the Preliminary Official Statement, the Merchant Builder has not failed in any material respect to comply with any previous undertaking by it to provide periodic continuing disclosure reports or notices of material events with respect to community facilities districts or assessment districts in California within the past five years. 4. Except as set forth in the Preliminary Official Statement, no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any court, regulatory agency, public board or body is pending against the Merchant Builder (with proper service of process to the Merchant Builder having been accomplished) or, to the Actual Knowledge of the Undersigned, is pending against any current Affiliate2 (with proper service of process to such Affiliate having been 1 “[Actual Knowledge of the Undersigned” means the actual knowledge (as opposed to constructive knowledge) that the individual signing on behalf of the Merchant Builder currently has as of the date of this Letter of Representations or has obtained through: (i) interviews with such current officers and responsible employees of the Merchant Builder and its Affiliates as the undersigned has determined are reasonably likely, in the ordinary course of their respective duties, to have knowledge of the matters that are set forth in this Letter of Representations; and/or (ii) review of documents that were reasonably available to the undersigned and which the undersigned has reasonably deemed necessary in order for the undersigned to obtain knowledge of the matters that are set forth in this Letter of Representations. The undersigned has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection with the ordinary course of the Merchant Builder’s current business and operations. Individuals who are no longer employees of the Merchant Builder and its Affiliates have not been contacted. [The Merchant Builder further notes that Lennar Corporation, a Delaware corporation, and the parent of the Merchant Builder (“Lennar Corporation”), completed a merger with CalAtlantic Group, Inc., a Delaware corporation (“CalAtlantic”) in February 2018, pursuant to which CalAtlantic merged with and into the Lennar Corporation, with Lennar Corporation being the surviving entity. Separate and apart from Lennar Corporation’s due diligence efforts for purposes of completing the acquisition of CalAtlantic, for purposes of this Letter of Representations, individuals who were employees and officers of CalAtlantic and its subsidiaries prior to the merger have not been consulted or contacted and documents entered into by CalAtlantic and its subsidiaries or related to their properties and projects have not been reviewed.] [Lennar only] 2 “Affiliate” means, with respect to the Merchant Builder, any other Person: (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Merchant Builder; and (ii) for whom information, including financial information or operating data, concerning such Person is material to potential investors in their evaluation of the Improvement Area and an investment decision regarding the Bonds (i.e., information relevant to: (a) the Merchant Builder’s development plans with respect to the Property and ability to pay its Special Taxes on the Property prior to delinquency (to the extent the responsibility of the Merchant Builder); or (b) such

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accomplished) or to the Actual Knowledge of the Undersigned is threatened in writing against the Merchant Builder or any such Affiliate: (a) to restrain or enjoin the collection of Special Taxes or other sums pledged or to be pledged to pay the principal of and interest on the Bonds (e.g., the 2024 Reserve Fund of the Special Tax Fund established under the Fiscal Agent Agreement); [(b) to restrain or enjoin the execution by the [Merchant Builder of the Merchant Builder Continuing Disclosure Certificate and performance by the Merchant Builder of its obligations thereunder;][Applicable Builders Only] (c) to restrain or enjoin the development of the Property as described in the Preliminary Official Statement; (d) in any way contesting or affecting the validity of the Special Taxes; or (e) which is reasonably likely to materially and adversely affect the Merchant Builder’s ability to complete the development and sale of the Property as described in the Preliminary Official Statement or to pay the Special Taxes due with respect to the Property prior to delinquency (to the extent the responsibility of the Merchant Builder). 5. As of the date of the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the information that is contained therein solely with respect to the Merchant Builder, its Affiliates, the proposed development of the Property, ownership of the Property, the Merchant Builder’s development plan, the Merchant Builder’s financing plan, the Merchant Builder’s lenders, if any, and contractual arrangements of the Merchant Builder or any Affiliates (including, if material to the Merchant Builder’s development plan or the Merchant Builder’s financing plan, other loans of such Affiliates) as set forth under the captions of the Preliminary Official Statement entitled “PROPERTY OWNERSHIP AND DEVELOPMENT STATUS—Improvement Area No. 1 Development Status Summary,” and “—[Merchant Builder]” [and “CONTINUING DISCLOSURE—[Merchant Builder][Applicable Builders Only]”] (excluding therefrom in all cases information regarding appraised or assessed values, market value ratios and annual special tax ratios, and information which is identified as having been provided by a source other than the Merchant Builder), is true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact that is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. 6. Except as disclosed in the Preliminary Official Statement, there are no material loans that are outstanding and unpaid, and no material lines of credit of the Merchant Builder or its Affiliates, which are secured by an interest in the Property. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the Merchant Builder and its Affiliates are not in breach of or in default under any applicable judgment or decree or any loan agreement, option agreement, development agreement, indenture, fiscal agent agreement, bond or note to which the Merchant Builder or its Affiliates are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversely affect the Merchant Builder’s ability to develop the Property as described in the Preliminary Official Statement or to pay the Special Taxes due with respect to the Property prior to delinquency (to the extent the responsibility of the Merchant Builder). Person’s assets or funds that would materially affect the Merchant Builder’s ability to develop the Property as described in the Preliminary Official Statement or to pay its Special Taxes on the Property prior to delinquency (to the extent the responsibility of the Merchant Builder); or (c) such Person’s compliance with continuing disclosure undertakings that would materially affect the Merchant Builder’s ability to comply with its obligations under the Merchant Builder Continuing Disclosure Certificate). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. For purposes hereof, the term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. [Due to the merger, and for purposes of this Letter of Representations, the term “Affiliate” shall exclude CalAtlantic and its direct and indirect subsidiaries. In addition, TPG AG EHC III (LEN) CA 1, L.P. is not an Affiliate of the Merchant Builder.] [Lennar only]

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7. To the Actual Knowledge of the Undersigned, the Merchant Builder is not aware that any of the Property has a current liability with respect to the presence of a substance that is presently classified as hazardous under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 or applicable State law or is adversely affected by the presence of endangered or threatened species or habitat for endangered or threatened species. 8. The Merchant Builder covenants that, while the Bonds or any refunding obligations related thereto are outstanding, the Merchant Builder and its Affiliates which it controls will not bring any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, that in any way seeks to challenge or overturn the formation of the Community Facilities District or the designation of the Improvement Area, to challenge the adoption of the District Resolutions, to invalidate the Community Facilities District or the Improvement Area or any of the Bonds or any refunding bonds related thereto, or to invalidate the Special Tax liens imposed under the Law based on recordation of the notices of Special Tax lien relating thereto. The foregoing covenant shall not prevent the Merchant Builder or any Affiliate in any way from bringing any other action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body including, without limitation: (a) an action or suit contending that the Special Tax has not been levied in accordance with the methodologies that are contained in the Amended Rate and Method (as such term is defined in the Fiscal Agent Agreement) pursuant to which the Special Taxes are levied; (b) an action or suit with respect to the application or use of the Special Taxes levied and collected; or (c) an action or suit to enforce the obligations of the City and/or the Community Facilities District under the District Resolutions, the Fiscal Agent Agreement or any other agreements among the Merchant Builder or an Affiliate, the City and/or the Community Facilities District or to which the Merchant Builder or an Affiliate is a beneficiary or a party. 9. The Merchant Builder consents to the issuance of the Bonds. The Merchant Builder acknowledges and agrees that the proceeds of the Bonds will be used as described in the Preliminary Official Statement. 10. The Merchant Builder intends to comply with the provision of the Law relating to the Notice of Special Tax described in California Government Code Section 53341.5 in connection with the sale of the Property, or portions thereof. 11. To the Actual Knowledge of the Undersigned, the Merchant Builder is able to pay its bills as they become due and no legal proceedings are pending against the Merchant Builder (with proper service of process having been accomplished) or, to the Actual Knowledge of the Undersigned, threatened in writing in which the Merchant Builder may be adjudicated as bankrupt or discharged from any and all of its debts or obligations, or granted an extension of time to pay its debts or obligations, or be allowed to reorganize or readjust its debts, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 12. To the Actual Knowledge of the Undersigned, during the last five years, neither the Merchant Builder nor any Affiliate has, during the period of its ownership, been delinquent to any material extent in the payment of any ad valorem property tax, special assessment or special tax on property that is within the boundaries of a community facilities district or an assessment district in the State that: (a) caused a draw on a reserve fund relating to such assessment district or community facilities district financing; or (b) resulted in a foreclosure action being commenced in a court of law against the delinquent Merchant Builder or Affiliate.

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13. Based upon the Merchant Builder’s current development plans for the Property, including, without limitation, the current budget, and subject to economic conditions and risks that are generally inherent in the development of real property, including, but not limited to, the risks that are described in the Preliminary Official Statement under the captions “PROPERTY OWNERSHIP AND DEVELOPMENT STATUS” and “BOND OWNERS’ RISKS,” the Merchant Builder presently anticipates that it will have sufficient funds to complete the development of the Property as described in the Preliminary Official Statement and to pay Special Taxes levied against the Property prior to delinquency (to the extent the responsibility of the Merchant Builder). The Merchant Builder does not anticipate that the City will be required to resort to a draw on the 2024 Reserve Fund for payment of principal of or interest on the Bonds due to the Merchant Builder’s nonpayment of Special Taxes. However, neither the Merchant Builder nor any of its Affiliates are obligated to make any additional capital contribution or loan to the Merchant Builder at any time, and the Merchant Builder reserves the right to change its development plan and financing plan for the Property at any time without notice. 14. Solely as to the limited information that is described in Paragraph 5 above concerning the Merchant Builder, its Affiliates, the proposed development of the Property, ownership of the Property, the Merchant Builder’s development plan, the Merchant Builder’s financing plan, the Merchant Builder’s lenders, if any, and contract arrangements of the Merchant Builder and its Affiliates (including, if material to the Merchant Builder’s development plan or the Merchant Builder’s financing plan, other loans of such Affiliates), the Merchant Builder agrees to indemnify and hold harmless, to the extent permitted by law, the City and the Community Facilities District, and their officials and employees, and each Person, if any, who controls any of the foregoing within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the Securities Exchange Act of 1934, as amended (each, an “Indemnified Party” and, collectively, the “Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Party may become subject under any statute or at law or in equity and shall reimburse any such Indemnified Party for any actual reasonable legal or other expense incurred by it in connection with investigating any such claim against it and defending any such action, insofar as such losses, claims, damages, liabilities or actions arise out of or are based upon any untrue statement by the Merchant Builder of a material fact or the omission of a material fact by the Merchant Builder in the above-referenced information in the Preliminary Official Statement, as of its date, [or in any annual or semi-annual report or notice of significant event provided by the Merchant Builder pursuant to the Merchant Builder Continuing Disclosure Certificate, as of its date,][Applicable Builders Only] that is necessary to make the statements made by the Merchant Builder contained therein, in light of the circumstances under which they were made, not misleading. This indemnity provision shall not be construed as a limitation on any other liability which the Merchant Builder may otherwise have to any Indemnified Party, provided that in no event shall the Merchant Builder be obligated for double indemnification, or for the negligence or willful misconduct of an Indemnified Party. If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any Indemnified Party in respect of which indemnification is believed by the Indemnified Party to be owed pursuant to the above paragraph, such Indemnified Party shall promptly notify the Merchant Builder in writing; provided that the failure to notify the Merchant Builder shall not relieve it from any liability that it may have hereunder except to the extent that it has been materially prejudiced by such failure, and then only to the extent of such material prejudice. If any such proceeding shall be brought or asserted against an Indemnified Party and it shall have notified the Merchant Builder thereof, the Merchant Builder shall

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retain counsel that is reasonably satisfactory to the Indemnified Party (who may be counsel to the Merchant Builder) to represent the Indemnified Party in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Party shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless: (i) the Merchant Builder and the Indemnified Party shall have mutually agreed to the contrary; (ii) the Merchant Builder has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Party; (iii) the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Merchant Builder such that a material conflict of interest exists for such counsel; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Merchant Builder and the Indemnified Party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them under applicable law, rule or regulation determined by the appointed counsel in his or her professional opinion. It is understood and agreed that the Merchant Builder shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Parties, and that all such fees and expenses, to the extent reasonable, shall be paid or reimbursed as they are incurred. Any such separate firm shall be designated in writing by such Indemnified Parties. The Merchant Builder shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Merchant Builder agrees to indemnify each Indemnified Party from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Party shall have requested that the Merchant Builder reimburse the Indemnified Party for fees and expenses of counsel as contemplated by this paragraph, the Merchant Builder shall be liable for any settlement of any proceeding effected without its written consent if: (1) such settlement is entered into more than 60 days after receipt by the Merchant Builder of such request; and (2) the Merchant Builder shall not have reimbursed the Indemnified Party in accordance with such request prior to the date of such settlement (provided that the foregoing shall not be applicable to any failure to reimburse if the Merchant Builder is disputing such payment in good faith and shall have paid any amounts which are not in dispute). The Merchant Builder shall not, without the written consent of the Indemnified Party, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Party is or could have been a party and to the extent that indemnification could have been sought hereunder by such Indemnified Party, unless such settlement: (x) includes an unconditional release of such Indemnified Party, in form and substance reasonably satisfactory to such Indemnified Party, from all liability on claims that are the subject matter of such proceeding and as to which the Merchant Builder has an obligation to indemnify such Indemnified Party; and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Party. 15. [The Merchant Builder agrees to execute the Merchant Builder Continuing Disclosure Certificate at the time of issuance of the Bonds in substantially the form included in Appendix G to the Preliminary Official Statement.][Applicable Builders Only] 16. If between the date hereof and the Closing Date any event relating to or affecting the Merchant Builder, its Affiliates, the proposed development of the Property, ownership of the Property, the Merchant Builder’s development plan, the Merchant Builder’s financing plan, the Merchant Builder’s lenders, if any, and contractual arrangements of the Merchant Builder or any

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Affiliates (including, if material to the Merchant Builder’s development plan or the Merchant Builder’s financing plan, other loans of such Affiliates) shall occur of which the Merchant Builder has actual knowledge which would cause the information under the captions of the Preliminary Official Statement that are described in Paragraph 5 hereof (and subject to the limitations and exclusions contained in Paragraph 5) to contain an untrue statement of a material fact or to omit to state a material fact that is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Merchant Builder shall notify the City and the Underwriter. If in the reasonable opinion of counsel to the City or the Underwriter such event requires the preparation and publication of a supplement or amendment to the Preliminary Official Statement, the Merchant Builder shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance that is reasonably satisfactory to counsel to the City and to the Underwriter. 17. The Merchant Builder agrees to deliver a Closing Certificate dated the date of issuance of the Bonds at the time of issuance of the Bonds in substantially the form attached as Appendix 1. 18. An appraisal of the taxable properties within the Improvement Area (the “Appraisal Report”) was prepared by BBG, Inc. (the “Appraiser”). The Appraisal Report estimates the market value of the taxable properties within the Improvement Area as of June 1, 2026 (the “Date of Value”). To the Actual Knowledge of the Undersigned, taken in its entirety, all information that was submitted by, or on behalf of and authorized by, the Merchant Builder to the Appraiser and contained in the sections of the Appraisal Report highlighted in yellow in Appendix 2 attached hereto was true and correct in all material respects as of the Date of Value. 19. On behalf of the Merchant Builder, I have reviewed the contents of this Letter of Representations and have met with counsel to the Merchant Builder for the purpose of discussing the meaning of the contents of this Letter of Representations. The Merchant Builder acknowledges and understands that a variety of state and federal securities laws, including, but not limited to the Securities Act of 1933, as amended, and Rule 10b-5 promulgated under the Securities Exchange Act of 1934, as amended, may apply to the Merchant Builder and that under some circumstances, certification as to the matters set forth in this Letter of Representations, without additional disclosures or other action, may not fully discharge all duties and obligations of the Merchant Builder under such securities laws. The undersigned has executed this Letter of Representations solely in the undersigned’s capacity as an officer or representative of the Merchant Builder and the undersigned will have no personal liability arising from or relating to this Letter of Representations. Any liability that arises from or relates to this Letter of Representations may only be asserted against the Merchant Builder. [Merchant Builder Full Name] By: Name: Title:

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APPENDIX 1 IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A CLOSING CERTIFICATE OF [MERCHANT BUILDER] [Closing Date], 2026 City of Fairfield 1000 Webster Street Fairfield, California 94533 City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) 1000 Webster Street Fairfield, California 94533 Stifel, Nicolaus & Company, Incorporated One Montgomery Street, 36th Floor San Francisco, California 94104 Ladies and Gentlemen: Reference is made to the Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2026A (the “Bonds”) and to the Bond Purchase Agreement, dated [Pricing Date], 2026 (the “Purchase Agreement”), by and between the City of Fairfield and Stifel, Nicolaus & Company, Incorporated, entered into in connection therewith. This Closing Certificate of [Merchant Builder] (the “Closing Certificate”) is delivered by [Merchant Builder Full Name] (the “Merchant Builder”) pursuant to the Purchase Agreement. Capitalized terms that are used herein and not otherwise defined have the meanings ascribed to them in the Letter of Representations of [Merchant Builder] dated _________, 2026 (the “Letter of Representations”), delivered by the Merchant Builder. The undersigned certifies that the undersigned is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of the Merchant Builder. The undersigned, on behalf of the Merchant Builder, further certifies as follows: 1. The Merchant Builder has received the final Official Statement relating to the Bonds (the “Final Official Statement”). To the Actual Knowledge of the Undersigned, each statement, representation and warranty that was made in the Letter of Representations is true and correct in all material respects on and as of the date hereof with the same effect as if made on the date hereof, except that all references therein to the Preliminary Official Statement shall be deemed to be references to the Final Official Statement [and all references to the Merchant Builder Continuing Disclosure Certificate shall be deemed to be references to the Merchant Builder Continuing Disclosure Certificate as executed by the Merchant Builder.][Applicable Builders Only]

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2. To the Actual Knowledge of the Undersigned, no event has occurred since the date of the Preliminary Official Statement which affects the statements and information that are described in Paragraph 5 of the Letter of Representations (and subject to the limitations and exclusions contained in Paragraph 5 of the Letter of Representations) relating to the Merchant Builder, its ownership of the Property, the Merchant Builder’s development plan, the Merchant Builder’s financing plan and contractual arrangements of the Merchant Builder which should be disclosed in the Final Official Statement for the purposes for which it is to be used in order to make such statements and information that are contained in the Final Official Statement not misleading in any material respect. 3. [The Merchant Builder has duly authorized the execution and delivery of the Merchant Builder Continuing Disclosure Certificate and is duly authorized to perform the obligations on its part to be performed thereunder, and the Merchant Builder Continuing Disclosure Certificate constitutes the legal, valid and binding obligations of the Merchant Builder, enforceable against it in accordance with its terms, subject to bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance and other similar laws affecting the rights of creditors and certain equitable, legal or statutory principles affecting enforcement of contractual rights generally, regardless of whether such enforcement is considered in a proceeding of law or equity.] [Applicable Builders Only] 4. For the period through 25 days after the “end of the underwriting period” (as such term is defined in the Purchase Agreement to mean the Closing Date), if any event that relates to or affects the Merchant Builder, its ownership of the Property, the Merchant Builder’s development plan, the Merchant Builder’s financing plan and contractual arrangements of the Merchant Builder shall occur as a result of which it is necessary, in the opinion of the Underwriter or counsel to the City, to amend or supplement the Final Official Statement in order to make the information under the captions of the Final Official Statement that are described in Paragraph 5 of the Letter of Representations (and subject to the limitations and exclusions contained in Paragraph 5 of the Letter of Representations) not misleading, in the light of the circumstances under which they were made, the Merchant Builder shall reasonably cooperate with the City and the Underwriter in the preparation of an amendment or supplement to the information described in the captions of the Final Official Statement that are described in Paragraph 5 of the Letter of Representations (and subject to the limitations and exclusions contained in Paragraph 5 of the Letter of Representations). Such amendment or supplement shall be in form and substance satisfactory to the Underwriter and counsel to the Community Facilities District and shall amend or supplement the Final Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact that is necessary to make the statements therein, in the light of the circumstances under which such statements were made, not misleading.

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5. The undersigned has executed this Closing Certificate solely in the undersigned’s capacity as an officer or representative of the Merchant Builder and the undersigned will have no personal liability arising from or relating to this Closing Certificate. Any liability that arises from or relates to this Closing Certificate may only be asserted against the Merchant Builder. [Merchant Builder Full Name] By: Name: Title:

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APPENDIX 2 IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A EXCERPTS FROM THE APPRAISAL REPORT

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EXHIBIT D $[Par] IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A UNDERWRITER’S CERTIFICATE The undersigned, on behalf of Stifel, Nicolaus & Company, Incorporated (the “Underwriter”), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned bonds (the “Bonds”). 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A. 2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) The Underwriter offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule I (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule II. (b) As set forth in the Bond Purchase Contract, dated [Pricing Date], 2026, by and between the Underwriter and the Issuer, the Underwriter has agreed in writing that: (i) for each Maturity of the Hold-the-Offering-Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”); and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold-the-Offering-Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (a) General Rule Maturities means those Maturities of the Bonds listed in Schedule I hereto as the “General Rule Maturities.” (b) Hold-the-Offering-Price Maturities means those Maturities of the Bonds listed in Schedule I hereto as the “Hold-the-Offering-Price Maturities.” (c) Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after [Pricing Date], 2026 (the Sale Date), or (ii) the date on which the Underwriter has sold at least 10%

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of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. (d) Issuer means the City of Fairfield, California, for and on behalf of City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5). (e) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities. (f) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is [Pricing Date], 2026. (h) Underwriter means: (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public; and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Underwriter’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Bond Counsel in connection with rendering their opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. STIFEL, NICOLAUS & COMPANY, INCORPORATED By: Name: By: Name: Dated: [Closing Date], 2026

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Schedule I SALE PRICES OF THE GENERAL RULE MATURITIES AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES (Attached)

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Schedule II PRICING WIRE OR EQUIVALENT COMMUNICATION (Attached)

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FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT by and between the CITY OF FAIRFIELD and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Fiscal Agent Dated as of August 1, 2026 RELATING TO $[_] IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A

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- i -
FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT TABLE OF CONTENTS Section 1. Authorization ................................................................................................................ 3 Section 2. Equal Security .............................................................................................................. 3 Section 3. Supplement to Master Fiscal Agent Agreement .......................................................... 3 ARTICLE X DEFINITIONS; AUTHORIZATION AND PURPOSE OF 2026 BONDS; EQUAL SECURITY Section 10.01. Definitions .................................................................................................................... 3 Section 10.02. Rules of Construction ................................................................................................... 4 ARTICLE XI TERMS OF 2026 BONDS Section 11.01. General. ....................................................................................................................... 5 Section 11.02. Other Terms of the Bonds. ........................................................................................... 6 Section 11.03. Redemption of 2026 Bonds. ........................................................................................ 6 Section 11.04. Continuing Disclosure .................................................................................................. 9 Section 11.05. Private Activity Bond Limitations .................................................................................. 9 Section 11.06. Federal Guarantee Prohibition ..................................................................................... 9 Section 11.07. Rebate Requirement .................................................................................................... 9 Section 11.08. No Arbitrage ............................................................................................................... 10 Section 11.09. Yield of the 2026 Bonds ............................................................................................. 10 Section 11.10. Maintenance of Tax-Exemption ................................................................................. 10 Section 11.11. Record Retention ....................................................................................................... 10 Section 11.12. Compliance with Tax Certificate ................................................................................ 10 ARTICLE XII ISSUE OF 2026 BONDS Section 12.01. Issuance of 2026 Bonds ............................................................................................ 11 Section 12.02. Application of Proceeds of Sale of 2026 Bonds ......................................................... 11 Section 12.03. 2026 Costs of Issuance Fund .................................................................................... 12 Section 12.04. 2026 Improvement Account ....................................................................................... 12 Section 5. Attachment of Exhibit F .............................................................................................. 13 Section 6. Attachment of Exhibit G ............................................................................................. 13 Section 7. Limitation on Principal Amount of Parity Bonds ......................................................... 13 Section 8. Applicable Law ........................................................................................................... 13 Section 9. Conflict with Act ......................................................................................................... 13 Section 10. Conclusive Evidence of Regularity ............................................................................ 13 Section 11. Confirmation of Master Fiscal Agent Agreement; Conflict With Master Fiscal Agent Agreement .................................................................................................. 14 Section 12. Electronic Signatures ................................................................................................. 14 Section 13. Counterparts .............................................................................................................. 14 APPENDIX 1 EXHIBIT E - FORM OF SERIES 2026A BONDS APPENDIX 2 EXHIBIT F - OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM 2026 COSTS OF ISSUANCE FUND

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1 FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT THIS FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT, dated as of August 1, 2026 (the “First Supplement to Fiscal Agent Agreement”), by and between the CITY OF FAIRFIELD, a general law city organized and existing under and by virtue of the Constitution and laws of the State of California (the “City”) for and on behalf of the "City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)" (the “CFD”) with respect to its “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)" (the “Improvement Area No. 1”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized and existing under the laws of the United States of America with a corporate trust office located in San Francisco, California, as fiscal agent (the “Fiscal Agent”); W I T N E S S E T H : WHEREAS, the City Council of the City (the “City Council”) previously conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code (the “Act”), to form the CFD and Improvement Area No. 1, to authorize the levy of special taxes ("Special Taxes") upon the land within Improvement Area No. 1 and to issue bonds secured by the Special Taxes for financing certain public improvements (“Facilities”), all as described in those proceedings; and WHEREAS, pursuant to Resolution No. 2023-35, which was adopted by the City Council on February 1, 2023 (the “Original Resolution”), the City Council authorized the issuance of up to $90,000,000 of bonded indebtedness and other debt on behalf of the CFD with respect to Improvement Area No. 1; and WHEREAS, under the Original Resolution as supplemented by Resolution No. 2024-253 (the “First Supplemental Resolution”), and a Fiscal Agent Agreement, dated as of December 1, 2024 (the “Master Fiscal Agent Agreement”; as supplemented, the “Agreement”), the City previously issued the Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2024A, in the initial principal amount of $36,500,000 (the “2024A Bonds”); and WHEREAS, the City wishes to provide for the issuance of a series of Parity Bonds and 2024-Related Parity Bonds (as defined in the Master Fiscal Agent Agreement) on behalf of the CFD with respect to Improvement Area No. 1 under Section 3.06 of the Master Fiscal Agent Agreement for the purpose of paying for the costs of acquiring and constructing the Facilities, which Parity Bonds shall be entitled “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2026A” (the “2026 Bonds”); and WHEREAS, Section 8.01(B)(v) of the Master Fiscal Agent Agreement provides that the Master Fiscal Agent Agreement and the rights and obligations of the City and of the Owners may be modified or amended at any time by a Supplemental Agreement in connection with the issuance of Parity Bonds, without the consent of any Owners, but with the written consent of the

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2 Fiscal Agent, after the Fiscal Agent has been furnished an opinion of counsel that the amendment complies with the provisions of Section 8.01 of the Master Fiscal Agent Agreement; and WHEREAS, the Fiscal Agent has received an opinion of counsel that this First Supplement to Fiscal Agent Agreement, to the extent it amends the Master Fiscal Agent Agreement as described in the preceding Whereas clause, complies with Section 8.01 of the Master Fiscal Agent Agreement; and WHEREAS, on July 7, 2026, the City Council adopted Resolution No. 2026-[_] (the “Second Supplemental Resolution”; together with the Original Resolution and the First Supplemental Resolution, the “Resolution”) authorizing the issuance of the 2026 Bonds for and on behalf of the CFD with respect to Improvement Area No. 1; and WHEREAS, in order to provide for the authentication and delivery of the 2026 Bonds, to establish and declare the terms and conditions upon which the 2026 Bonds are to be issued and to secure the 2026 Bonds by a lien and charge upon the Special Taxes and the respective funds and accounts established under the Master Fiscal Agent Agreement equal to and on a parity with the lien and charge securing the outstanding 2024A Bonds, the City Council has authorized the execution and delivery of this First Supplement to Fiscal Agent Agreement; and WHEREAS, it is in the public interest and for the benefit of the City, the CFD and the persons responsible for the payment of special taxes that the City enter into this First Supplement to Fiscal Agent Agreement to provide for the issuance of the 2026 Bonds hereunder to finance the acquisition and construction of facilities for the CFD and to provide for the disbursement of Proceeds of the 2026 Bonds, the disposition of the special taxes securing the 2026 Bonds and the administration and payment of the 2026 Bonds; and WHEREAS, the City has determined that all acts and proceedings required by law and the Master Fiscal Agent Agreement necessary to make the 2026 Bonds, when executed by the City, authenticated and delivered by the Fiscal Agent and duly issued, the valid, binding and legal special obligations of the City, and to constitute this First Supplement to Fiscal Agent Agreement a valid and binding agreement for the uses and purposes herein set forth, in accordance with its terms, have been done and taken; and the execution and delivery of this First Supplement to Fiscal Agent Agreement have been in all respects duly authorized; NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:

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3 Section 1. Authorization. Each of the parties represents and warrants that it has full legal authority and is duly empowered to enter into this First Supplement to Fiscal Agent Agreement and has taken all actions necessary to authorize the execution of this First Supplement to Fiscal Agent Agreement by the officers and persons signing it. Section 2. Equal Security. As Parity Bonds issued pursuant to Section 3.06 of the Master Fiscal Agent Agreement, the 2026 Bonds shall be secured by a lien and charge upon the Special Tax Revenues and all moneys deposited in the Bond Fund (including the Special Tax Prepayments Account), and, until disbursed as provided in the Fiscal Agent Agreement, in the Special Tax Fund equal to and on a parity with the lien and charge securing the outstanding 2024A Bonds. In addition, as 2024-Related Parity Bonds, the 2026 Bonds shall be secured by a first pledge of all moneys deposited in the 2024 Reserve Fund. The moneys in the 2024 Reserve Fund (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the 2024A Bonds, the 2026 Bonds and all 2020-Related Parity Bonds as provided in the Agreement and in the Act until all of the 2024A Bonds, the 2026 Bonds and all 2024-Related Parity Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose under Section 9.03. In addition, the 2026 Bonds shall be secured by a first pledge of all moneys deposited in the 2026 Capitalized Interest Account. Section 3. Supplement to Master Fiscal Agent Agreement. In accordance with the provisions of Section 8.01(v) of the Master Fiscal Agent Agreement, the Master Fiscal Agent Agreement is hereby amended by adding a supplement thereto consisting of new articles to be designated as Article X, XI and XII. Such Articles shall read in their entirety as follows: ARTICLE X DEFINITIONS; AUTHORIZATION AND PURPOSE OF 2026 BONDS; EQUAL SECURITY Section 10.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 10.01 shall, for all purposes of Articles X, XI and XII and for other purposes of this Agreement, to the extent applicable, have the respective meanings specified in this Section 10.01. All terms used in Articles X, XI and XII and not otherwise defined in this Section 10.01 shall have the respective meanings given to such terms in Section 1.03 of the Agreement. “Interest Payment Date” for the 2026 Bonds means March 1 and September 1 of each year, commencing September 1, 2026. “Original Purchaser” and “Participating Underwriter” means Stifel, Nicolaus & Company, Incorporated, as the first purchaser of the 2026 Bonds from the City.

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4 “2024A Bonds” means the Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2024A. “2026 Bonds” means the Bonds so designated and authorized to be issued under Section 11.01 hereof. “2026 Capitalized Interest Account” means the account within the Bond Fund designated the “2026 Capitalized Interest Account” which fund is established pursuant to Section 12.02. “2026 Closing Date” means the date of initial issuance and delivery of the 2026 Bonds hereunder. “2026 Costs of Issuance Fund” means the fund designated the “2026 Costs of Issuance Fund” which fund is established pursuant to Section 12.03. “2026 Improvement Account” means the account within the Improvement Fund designated the “2026 Improvement Account” which fund is established pursuant to Section 12.04. “2026 Term Bonds” means the 2026 Bonds maturing on [September 1, ___], [September 1, ___] and [September 1, ___]. Section 10.02. Rules of Construction. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of the Agreement, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Agreement as a whole and not to any particular Article, Section or subdivision hereof.

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5 ARTICLE XI TERMS OF 2026 BONDS Section 11.01. General. (A) Principal Amount; Designation. The 2026 Bonds in the aggregate principal amount of $[_] are hereby authorized to be issued by the City under and subject to the Resolution of Issuance, the Act, other applicable laws of the State of California and the terms of the Agreement. The 2026 Bonds shall be designated the “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2026A”. (B) Maturity Dates; Interest Rates. The 2026 Bonds shall be dated the 2026 Closing Date, issued in fully registered form without coupons in denominations of $5,000, and shall mature on the dates and in the principal amounts and shall bear interest at the rates per annum set forth in the following schedule: Maturity (September 1) Principal Amount Interest Rate (T)=2026 Term Bond (C) Form; Denominations; Authentication. The 2026 Bonds shall be issued as fully registered Bonds without coupons. The 2026 Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent. The 2026 Bonds shall be issued in the denominations of $5,000 or any integral multiple in excess thereof. The 2026 Bonds, the Fiscal Agent’s certificate of authentication and the assignment, to appear thereon, shall be substantially in the forms, respectively, set forth in Exhibit E attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution and the Act.

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6 (D) CUSIP Identification Numbers. “CUSIP” identification numbers may, at the election of the Original Purchaser of the 2026 Bonds, be imprinted on the 2026 Bonds, but such numbers shall not constitute a part of the contract evidenced by the 2026 Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the 2026 Bonds. In addition, failure on the part of the City or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute an event of default or any violation of the City’s contract with such Owners and shall not impair the effectiveness of any such notice. (E) Interest. The 2026 Bonds shall bear interest at the rates set forth above payable on the Interest Payment Dates in each year. Interest on all 2026 Bonds shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each 2026 Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated on or before the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Dated Date; provided, however, that if at the time of authentication of a 2026 Bond, interest is in default thereon, such 2026 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. (F) Method of Payment. Interest on the 2026 Bonds (including the final interest payment upon maturity or earlier redemption), is payable on the applicable Interest Payment Date by check of the Fiscal Agent mailed by first class mail to the registered Owner thereof at such registered Owner’s address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer to an account located in the United States of America made on such Interest Payment Date upon written instructions of any Owner of $1,000,000 or more in aggregate principal amount of 2026 Bonds delivered to the Fiscal Agent prior to the applicable Record Date, which instructions shall continue in effect until revoked in writing, or until such 2026 Bonds are transferred to a new Owner. The interest, principal of and any premium on the 2026 Bonds are payable in lawful money of the United States of America, with principal and any premium payable upon surrender of the 2026 Bonds at the Principal Office of the Fiscal Agent. All 2026 Bonds paid by the Fiscal Agent pursuant this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled 2026 Bonds and issue a certificate of destruction of such Bonds to the City. Section 11.02. Other Terms of the Bonds. Except as otherwise set forth in this Article XI, Sections 2.05-2.10 shall govern the 2026 Bonds. Section 11.03. Redemption of 2026 Bonds. (A) Optional Redemption. The 2026 Bonds maturing on or before [September 1, 2036] are not subject to optional redemption prior to their stated maturity. The 2026 Bonds maturing on or after [September 1, 2037], are subject to redemption, as a whole or in part at the election of the City among maturities on such basis as designated by the City and by lot within a maturity, at the option of the City, on [September 1, 2036], and on any date thereafter, at a redemption price equal to 100% of the principal amount of 2026 Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium.

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7 (B) Mandatory Sinking Fund Redemption. The Term Bond maturing on [September 1, _____], is subject to mandatory redemption in part by lot, from sinking fund payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, plus accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Sinking Fund Redemption Date (September 1) Sinking Fund Payments * Maturity The Term Bond maturing on [September 1, ____], is subject to mandatory redemption in part by lot, from sinking fund payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, plus accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Sinking Fund Redemption Date (September 1) Sinking Fund Payments * Maturity The Term Bond maturing on [September 1, ____], is subject to mandatory redemption in part by lot, from sinking fund payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, plus accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table:

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8 Sinking Fund Redemption Date (September 1) Sinking Fund Payments * Maturity Provided, however, if some but not all of the Term Bonds of a given maturity have been redeemed under subsection (A) above or subsection (C) below, the total amount of all future Sinking Fund Payments relating to such maturity shall be reduced by the aggregate principal amount of Term Bonds of such maturity so redeemed, to be allocated among such Sinking Fund Payments on a pro rata basis in integral multiples of $5,000 as determined by the City, notice of which shall be given by the City to the Fiscal Agent and the notice shall include a revised sinking fund schedule. (C) Redemption from Special Tax Prepayments. Special Tax Prepayments and any corresponding transfers from the 2024 Reserve Fund pursuant to Section 4.03(F) shall be used to redeem 2026 Bonds on the next Interest Payment Date for which notice of redemption can timely be given under Section 2.03(D), among series and maturities as provided in Section 2.03(D)(iii), at a redemption price (expressed as a percentage of the principal amount of the 2026 Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Dates Redemption Price Any Interest Payment Date on or before [March 1, 2034] 103% [September 1, 2034] and [March 1, 2035] 102 [September 1, 2035] and [March 1, 2036] 101 [September 1, 2036] and any Interest Payment Date thereafter 100 (D) Notice to Fiscal Agent. The City shall give the Fiscal Agent written notice of its intention to redeem Bonds under Section 11.03 (A) and (C) not less than forty-five (45) days prior to the applicable redemption date or such lesser number of days as shall be allowed by the Fiscal Agent. (E) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section 11.03, moneys in the Bond Fund or other funds provided by the City may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2026 Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may 2026 Bonds be purchased at a price in excess of

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9 the principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such 2026 Bonds were to be redeemed in accordance with this Agreement. Any 2026 Bonds purchased pursuant to this Section 11.03(E) shall be treated as outstanding 2026 Bonds under this Fiscal Agent Agreement, except to the extent otherwise directed by the Finance Director. (F) Redemption Procedure by Fiscal Agent. The provisions of Section 2.03(D) shall govern the procedure for redemption of the 2026 Bonds. (G) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the 2026 Bonds so called for redemption shall have been deposited in the Bond Fund, such 2026 Bonds so called shall cease to be entitled to any benefit under the Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in the notice of redemption. All 2026 Bonds redeemed by the Fiscal Agent under this Section 11.03 shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled 2026 Bonds in accordance with the Fiscal Agent’s retention policy then in effect. Section 11.04. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate executed by the City on the 2026 Closing Date relating to the 2026 Bonds. Notwithstanding any other provision of the Master Fiscal Agent Agreement or this First Supplement to Fiscal Agent Agreement, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; however, the Fiscal Agent shall, at the request of any Participating Underwriter or the holders of at least 25% aggregate principal amount of Outstanding 2026 Bonds, and upon receipt of indemnity satisfactory to the Fiscal Agent, or any holder or beneficial owner of the 2026 Bonds may, take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order. Section 11.05. Private Activity Bond Limitations. The City shall assure that the proceeds of the 2026 Bonds are not so used as to cause the 2026 Bonds to satisfy the private business tests of Section 141(b) of the Tax Code or the private loan financing test of Section 141(c) of the Tax Code. Section 11.06. Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the 2026 Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Tax Code. Section 11.07. Rebate Requirement. The City shall take any and all actions necessary to assure compliance with Section 148(f) of the Tax Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the 2026 Bonds. The Finance Director shall take note of any investment of monies hereunder in excess of the yield on the 2026 Bonds, and shall take such actions as are necessary to ensure compliance with this Section 11.07, such as increasing the portion of the Special Tax levy for Administrative Expenses as appropriate to have funds available in the Administrative Expense Fund to satisfy any rebate liability under this Section. If necessary to satisfy its obligations under this Section 11.07, the City may use:

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10 (A) Amounts in the 2024 Reserve Fund if the amount on deposit in the 2024 Reserve Fund, following the proposed transfer, is at least equal to the 2024 Reserve Requirement, and amounts in any other reserve account for Parity Bonds that are not 2024-Related Parity Bonds to the extent permitted by the Supplemental Agreement; (B) Amounts on deposit in the Administrative Expense Fund; and (C) Any other funds available to the City, including amounts advanced by the City, in its sole discretion, to be repaid as soon as practicable from amounts described in the preceding clauses (A) and (B). Section 11.08. No Arbitrage. The City shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the proceeds of the 2026 Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the 2026 Bonds would have caused the 2026 Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Tax Code. Section 11.09. Yield of the 2026 Bonds. In determining the yield of the 2026 Bonds to comply with Sections 11.07 and 11.08, the City will take into account redemption (including premium, if any) in advance of maturity based on the reasonable expectations of the City, as of the 2026 Closing Date, regarding prepayments of Special Taxes and use of prepayments for redemption of the 2026 Bonds, without regard to whether or not prepayments are received or 2026 Bonds redeemed. Section 11.10. Maintenance of Tax-Exemption. The City shall take all actions necessary to assure the exclusion of interest on the 2026 Bonds from the gross income of the Owners of the 2026 Bonds to the same extent as such interest is permitted to be excluded from gross income under the Tax Code as in effect on the date of issuance of the 2026 Bonds. Section 11.11. Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the 2026 Bonds for at least 3 years after the 2026 Bonds mature or are redeemed (whichever is earlier); however, if the 2026 Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring at least 3 years after the earlier of the maturity or redemption of the obligations that refunded the 2026 Bonds. Section 11.12. Compliance with Tax Certificate. The City will comply with the provisions of the Certificate as to Arbitrage and the Certificate Regarding Use of Proceeds with respect to the 2026 Bonds, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the 2026 Bonds.

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11 ARTICLE XII ISSUE OF 2026 BONDS Section 12.01. Issuance of 2026 Bonds. Upon the execution and delivery of the First Supplement to Fiscal Agent Agreement and satisfaction of the requirements for issuance of Parity Bonds under Section 3.06, the City shall execute and deliver the 2026 Bonds in the aggregate principal amount set forth in Section 11.01 to the Fiscal Agent for authentication and delivery to the Original Purchaser thereof upon receipt by the Fiscal Agent of an Officer’s Certificate requesting authentication and delivery. The Authorized Officers of the City are hereby authorized and directed to execute and deliver any and all documents and instruments necessary to cause the issuance of the 2026 Bonds in accordance with the provisions of the Act, the Resolution of Issuance and this Agreement, to authorize the payment of Costs of Issuance and costs of the Project by the Fiscal Agent from the Proceeds of the 2026 Bonds and to do and cause to be done any and all acts and things necessary or convenient for the timely delivery of the 2026 Bonds to the Original Purchaser. The Fiscal Agent is hereby authorized and directed to authenticate the 2026 Bonds and deliver them to the Original Purchaser, upon receipt of the purchase price for the 2026 Bonds. Section 12.02. Application of Proceeds of Sale of 2026 Bonds. The Proceeds of the 2026 Bonds received from the Original Purchaser in the amount of $[_] (which is equal to the principal amount of the 2026 Bonds, plus a net original issue premium of $[_] and less an underwriter’s discount of $[_]) shall be paid to the Fiscal Agent, which shall deposit the Proceeds on the 2026 Closing Date, as follows: (i) $[_] into the 2026 Costs of Issuance Fund; (ii) $[_] into the 2024 Reserve Fund; (iii) $[_] into the Bond Fund maintained and administered by the Fiscal Agent in accordance with Section 4.04 (which shall represent capitalized interest and be deposited into a 2026 Capitalized Interest Account, which is hereby established); and (iv) $[_] into the 2026 Improvement Account to pay for Project costs. Amounts on deposit in the 2026 Capitalized Interest Account shall be used and withdrawn by the Fiscal Agent solely for the payment of interest on the 2026 Bonds as follows: $[_] shall be used on [_], [_], $[_] shall be used on [_], [_], and any remaining amounts shall be used on [_], [_]. When the amount in the 2026 Capitalized Interest Account is fully expended for the payment of interest, the account shall be closed.

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12 Section 12.03. 2026 Costs of Issuance Fund. (A) Establishment of 2026 Costs of Issuance Fund. The 2026 Costs of Issuance Fund is hereby established as a separate fund to be held by the Fiscal Agent, to the credit of which deposit shall be made as required by Section 12.02. Moneys in the 2026 Costs of Issuance Fund shall be held by the Fiscal Agent for the benefit of the City and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance attributable to the issuance of the 2026 Bonds. (B) Disbursement. Amounts in the 2026 Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance attributable to the issuance of the 2026 Bonds, as set forth in a requisition substantially in the form of Exhibit F hereto, executed by the Finance Director, containing respective amounts to be paid to the designated payees and delivered to the Fiscal Agent. Each such requisition shall be sufficient evidence to the Fiscal Agent of the facts stated therein and the Fiscal Agent shall have no duty to confirm the accuracy of such facts. (C) Investment. Moneys in the 2026 Costs of Issuance Fund shall be invested and deposited by the Fiscal Agent under Section 6.01. Interest earnings and profits resulting from such investment shall be retained by the Fiscal Agent in the 2026 Costs of Issuance Fund to be used for the purposes of such fund. (D) Closing of Fund. The Fiscal Agent shall maintain the 2026 Costs of Issuance Fund for a period of 90 days from the 2026 Closing Date and then the Fiscal Agent shall deposit any moneys remaining therein, including any investment earnings thereon, into the 2026 Improvement Account. Section 12.04. 2026 Improvement Account. (A) Establishment of the 2026 Improvement Account; Deposit. There is hereby established a separate account within the Improvement Fund to be held by the Fiscal Agent to be designated the “2026 Improvement Account,” to the credit of which deposits shall be made as required by Section 12.02. Moneys in the 2026 Improvement Account shall be disbursed, except as otherwise provided in subsection (D) of this Section, for the payment or reimbursement of the costs of the Project. (B) Procedure for Disbursement. Disbursements from the 2026 Improvement Account shall be made by the Fiscal Agent upon receipt of an Officer's Certificate substantially in the form of Exhibit B attached hereto which shall: (i) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made (which shall be for payment of a Project cost or to reimburse expenditures of the City or any other party for Project costs previously paid), and the person to which the disbursement is to be paid; and (ii) certify that no portion of the amount then being requested to be disbursed was set forth in any Officers Certificate previously filed requesting disbursement.

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13 Each such requisition shall be sufficient evidence to the Fiscal Agent of the facts stated therein and the Fiscal Agent shall have no duty to confirm the accuracy of such facts. (C) Investment. Moneys in the 2026 Improvement Account shall be invested in accordance with Section 6.01. Interest earnings and profits from such investment shall be retained in the related fund or accounts to be used for the purpose of such fund or accounts. (D) Closing of Fund. Upon the filing of an Officer’s Certificate stating that the Project has been completed and that all costs of the Project have been paid or are not required to be paid from the Improvement Fund (including the 2026 Improvement Account), the Fiscal Agent shall transfer the amount, if any, remaining in the 2026 Improvement Account to the Bond Fund for application to Debt Service payments on the Bonds specified in the Officer’s Certificate. * * * Section 4. Attachment of Exhibit E. The Master Fiscal Agent Agreement is hereby further amended by attaching thereto and incorporating therein an Exhibit E setting forth the form of the 2026 Bonds, which shall read substantially as set forth in Appendix 1 which is attached hereto and by this reference incorporated herein. Section 5. Attachment of Exhibit F. The Master Fiscal Agent Agreement is hereby further amended by attaching thereto and incorporating therein an Exhibit F setting forth a form of requisition from the 2026 Costs of Issuance Fund, which shall read substantially as set forth in Appendix 2 which is attached hereto and by this reference incorporated herein. Section 6. Limitation on Principal Amount of Parity Bonds. Notwithstanding the provisions of Section 5.18 of the Master Fiscal Agent Agreement, following the issuance of the 2026 Bonds, the City will not issue more than $53,500,000 initial principal amount of Parity Bonds (exclusive of any Refunding Bonds). Section 7. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Section 8. Conflict with Act. In the event of a conflict between any provision of this First Supplement to Fiscal Agent Agreement and any provision of the Act as in effect on the 2026 Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 9. Conclusive Evidence of Regularity. 2026 Bonds issued pursuant to this First Supplement to Fiscal Agent Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes.

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14 Section 10. Confirmation of Master Fiscal Agent Agreement; Conflict With Master Fiscal Agent Agreement. All representations, covenants, warranties and other provisions of the Master Fiscal Agent Agreement, unless specifically amended, modified or supplemented by this First Supplement to Fiscal Agent Agreement, are hereby confirmed as applicable to this First Supplement to Fiscal Agent Agreement. In the event of any conflict between the provisions of this First Supplement to Fiscal Agent Agreement and the Master Fiscal Agent Agreement, the provisions of this First Supplement to Fiscal Agent Agreement shall govern. Section 11. Electronic Signatures. Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transaction Act, Government Code Section 16.5, or any similar state law, and the parties hereby waive any objection to the contrary. Section 12. Counterparts. This First Supplement to Fiscal Agent Agreement may be executed in counterparts, each of which shall be deemed an original.

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15 IN WITNESS WHEREOF, the City and the Fiscal Agent have caused this First Supplement to Fiscal Agent Agreement to be executed as of the date first written above. CITY OF FAIRFIELD, FOR AND ON BEHALF OF CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) By: City Manager THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Fiscal Agent By: Authorized Officer

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Exhibit E Page 1
APPENDIX 1 EXHIBIT E FORM OF 2026 BOND No. __ ***$______*** UNITED STATES OF AMERICA STATE OF CALIFORNIA IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BOND, SERIES 2026A INTEREST RATE MATURITY DATE DATED DATE ____% September 1, ______ ___________ REGISTERED OWNER: PRINCIPAL AMOUNT: *********DOLLARS The City of Fairfield (the “City”) for and on behalf of the "City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)" (the “CFD”) with respect to its “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)" (“Improvement Area No. 1”), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in Improvement Area No. 1 or amounts in certain funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from Dated Date set forth above, or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for (unless this Bond is authenticated on or before an Interest Payment Date (as hereinafter defined) and after the close of business on the Record Date (as hereinafter defined) preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or unless this Bond is authenticated on or prior to August 15, 2026, in which event it shall bear interest from the Dated Date identified above, payable semiannually on each March 1 and September 1, commencing September 1, 2026 (each an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment provided, however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment. Principal of and interest on the Bonds (including the final interest payment upon maturity or earlier redemption), is payable on the applicable Interest Payment Date by check of the

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Exhibit E Page 2
Fiscal Agent (defined below) mailed by first class mail to the registered Owner thereof at such registered Owner's address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon written instructions of any Owner of $1,000,000 or more in aggregate principal amount of Bonds delivered to the Fiscal Agent prior to the applicable Record Date. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America upon surrender of the Bonds at the Principal Office of the Fiscal Agent or such other place as designated by the Fiscal Agent. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $[_] approved by Resolution No. 2023-35 of the City Council of the City, as supplemented by Resolution No. 2024-253 and Resolution No. 2026-[_] of the City Council of the City (together, the “Resolution”), under the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et seq., of the California Government Code (the “Act”) for the purpose of funding certain facilities for the CFD, and is one of the series of bonds designated “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2026A” (the “Bonds”). The issuance of the Bonds and the terms and conditions thereof are provided for by a Fiscal Agent Agreement, dated as of December 1, 2024, as supplemented by a First Supplement to Fiscal Agent Agreement, dated as of August 1, 2026 (as supplemented, the “Agreement”), between the City and The Bank of New York Mellon Trust Company, N.A., (the “Fiscal Agent”) and this reference incorporates the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. The Agreement is authorized under, this Bond is issued under and both are to be construed in accordance with, the laws of the State of California. Pursuant to the Act, the Resolution and the Agreement, the principal of and interest on this Bond are payable solely from the annual special tax authorized under the Act to be collected within Improvement Area No. 1 (the “Special Tax”) and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds are payable on a parity basis with the following outstanding Parity Bonds (as defined in the Agreement): the $36,500,000 Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) Special Tax Bonds, Series 2024A (the “2024A Bonds”). The Bonds constitute “2024-Related Parity Bonds” under the Agreement and are secured on a parity basis with the 2024A Bonds by a first pledge of all moneys deposited in the 2024 Reserve Fund. The Bonds do not constitute obligations of the City for which the City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. Neither the faith and credit nor the taxing power of the City (except to the limited extent set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Optional Redemption. The Bonds maturing on or before [September 1, 2036] are not subject to optional redemption prior to their stated maturity. The Bonds maturing on or after [September 1, 2037], are subject to redemption, as a whole or in part at the election of the City among maturities on such basis as designated by the City and by lot within a maturity, at the option of the City, on [September 1, 2036], and on any date thereafter, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium.

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Exhibit E Page 3
Mandatory Sinking Fund Redemption. The Term Bond maturing on [September 1, ___], is subject to mandatory redemption in part by lot, from sinking fund payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, plus accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Sinking Fund Redemption Date (September 1) Sinking Fund Payments * Maturity The Term Bond maturing on [September 1, ___], is subject to mandatory redemption in part by lot, from sinking fund payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, plus accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Sinking Fund Redemption Date (September 1) Sinking Fund Payments * Maturity The Term Bond maturing on [September 1, ___], is subject to mandatory redemption in part by lot, from sinking fund payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, plus accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table:

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Exhibit E Page 4
Sinking Fund Redemption Date (September 1) Sinking Fund Payments * Maturity Provided, however, if some but not all of the Term Bonds of a given maturity have been redeemed under ”Optional Redemption” above or ”Redemption from Special Tax Prepayments” below, the total amount of all future Sinking Fund Payments relating to such maturity shall be reduced by the aggregate principal amount of Term Bonds of such maturity so redeemed, to be allocated among such Sinking Fund Payments on a pro rata basis in integral multiples of $5,000 as determined by the City, notice of which shall be given by the City to the Fiscal Agent and the notice shall include a revised sinking fund schedule. Redemption from Special Tax Prepayments. Special Tax Prepayments and any corresponding transfers from the 2024 Reserve Fund shall be used to redeem Bonds on the next Interest Payment Date for which notice of redemption can timely be given, among series and maturities as provided in the Fiscal Agent Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Dates Redemption Price Any Interest Payment Date on or before [March 1, 2034] 103% [September 1, 2034] and [March 1, 2035] 102 [September 1, 2035] and [March 1, 2036] 101 [September 1, 2036] and any Interest Payment Date thereafter 100 Under the terms of the Agreement, in the event the City pays and discharges the entire indebtedness on all or any portion on the Bonds Outstanding (as such term is defined therein) in one or more of the ways specified therein, the pledge of the Special Taxes and other funds provided for in the Agreement and all other obligations of the City under the Agreement with respect to such Bonds shall cease and terminate. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. The City has the right to rescind any notice of the optional redemption of Bonds by written notice to the Fiscal Agent on or prior to the date fixed for redemption as further described in the Agreement.

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Exhibit E Page 5
This Bond shall be registered in the name of the owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner’s order. The Fiscal Agent shall require the registered owner requesting transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange hereof shall be required to be made in the circumstances set forth in the Fiscal Agent Agreement. The Agreement and the rights and obligations of the City thereunder may be modified or amended as set forth therein. The principal of the Bonds is not subject to acceleration upon a default under the Agreement or any other document. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED AND DECLARED by the City that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Fiscal Agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

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Exhibit E Page 6
IN WITNESS WHEREOF, City of Fairfield has caused this Bond to be to be signed by the facsimile signature of its City Manager and countersigned by the facsimile signature of the City Clerk with the seal of the City imprinted hereon. [S E A L] City Clerk City Manager [FORM OF FISCAL AGENT’S CERTIFICATE OF AUTHENTICATION AND REGISTRATION] This is one of the Bonds described in the Agreement which has been authenticated on , 20__. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Fiscal Agent By: Authorized Signatory

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Exhibit E Page 7
FORM OF ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint , attorney, to transfer the same on the registration books of the Fiscal Agent, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Fiscal Agent. NOTICE: The signature on this assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever.

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Exhibit F Page 1
APPENDIX 2 EXHIBIT F $[_] IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ONE LAKE PLANNING AREA 5) SPECIAL TAX BONDS, SERIES 2026A OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM 2026 COSTS OF ISSUANCE FUND REQUISITION NO. _____ The undersigned hereby states and certifies that: (i) I am the duly appointed, qualified and acting Finance Director of the City of Fairfield, a general law city duly organized and existing under the Constitution and the laws of the State of California (the “City”) and as such, am familiar with the facts herein certified and am authorized to certify the same; (ii) I am an “Authorized Officer,” as such term is defined in that certain Fiscal Agent Agreement, dated as of December 1, 2024 (the “Master Fiscal Agent Agreement”), by and between the City and The Bank of New York Mellon Trust Company, N.A., as fiscal agent (the “Fiscal Agent”), which agreement was supplemented by the First Supplement to Fiscal Agent Agreement, dated as of August 1, 2026 (the “First Supplement”; together with the Master Fiscal Agent Agreement, the “Fiscal Agent Agreement”) by and between the City and the Fiscal Agent; (iii) Under Section 12.03 of the Fiscal Agent Agreement, the undersigned hereby requests and authorizes the Fiscal Agent to disburse from the 2026 Costs of Issuance Fund established under the Fiscal Agent Agreement to each payee designated on Schedule A attached hereto and by this reference incorporated herein, the amount set forth in an invoice submitted by each such payee but no more than the amount set forth opposite such payee, for payment or reimbursement of previous payment of Costs of Issuance (as that term is defined in the Fiscal Agent Agreement) as described on attached Schedule A. Payments shall be made by check or wire transfer in accordance with the payment instructions set forth on Schedule A (or the invoice attached thereto) and the Fiscal Agent shall rely on such payment instructions as though given by the City with no duty to investigate or inquire as to the authenticity of the invoice or the payment instructions contained therein or the authority under which they were given. (iv) The disbursements described on the attached Schedule A constitute Costs of Issuance, and are properly chargeable to the 2026 Costs of Issuance Fund. Dated:

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Exhibit F Page 2
CITY OF FAIRFIELD By: Finance Director

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Exhibit F Page 3

SCHEDULE A PAYEE NAME AND ADDRESS PURPOSE OF OBLIGATION AMOUNT

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CITY OF FAIRFIELD
RESOLUTION NO. 2023- 35

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD 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 IMPROVEMENT AREA NO. 1 OF THE CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2023- 1 ( ONE LAKE PLANNING AREA 5), AND APPROVING AND AUTHORIZING RELATED DOCUMENTS AND ACTIONS WHEREAS, the City Council has conducted proceedings under and pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 commencing with Section 53311) of the California Government Code (the " Act"), to form ( i) " City of Fairfield Community Facilities District No. 2023- 1 (One Lake Planning Area 5)" ( the " CFD") and ii) " Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023- 1 (One Lake Planning Area 5)" (" Improvement Area No. 1"), to authorize the levy of special taxes upon the land within Improvement Area No. 1, and to issue bonds and other debt ( as defined in the Act) secured by said special taxes for the purpose of financing certain public improvements the " Facilities"), all as described in those proceedings; and WHEREAS, on October 18, 2016, by Resolution No. 2016- 237, the Council adopted a Resolution adopting local goals and policies for community facilities districts (the " Goalsand Policies"); and WHEREAS, the Council now wishes to provide for the issuance of special tax bonds for the CFD with respect to Improvement Area No. 1 to finance a portion of the Facilities and related costs and expenses and wishes to direct staff to prepare and return to this Council for approval of certain documents providing for the issuance of the special tax bonds.

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

Section 1. Bonds Authorized. Pursuant to the Act and this Resolution, special tax bonds designated the " Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023- 1 (One Lake Planning Area 5) Special Tax Bonds" ( the " Bonds") are hereby authorized to be issued in one or more series in an aggregate principal amount not to exceed $ 90, 000, 000.

The Bonds shall be secured and payable from special taxes levied and collected in Improvement Area No. 1.

Section 2. Authorities Granted. City staff is hereby directed to work with the City' s consultants to prepare the documentation required for the issuanceof the Bondsand to return to this council for its approval of such documentation.

Section 3. Actions Authorized. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the CFDand Improvement Area No. 1 and the sale and

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RES. NO. 2023- 35

Page 2 ends

issuance of the Bonds are hereby approved, confirmed, and ratified, and the appropriate officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessaryor advisable in order to accomplish the purposes of this Resolution.

Section 4. Effectiveness. This Resolution shall take effect from and after its adoption. The provisionsof anypreviousresolutionsin anywayinconsistentwith the provisionshereofin and for the issuance of the Bonds as herein described are hereby repealed.

PASSEDAND ADOPTED this 215tday of February, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR / R/ TONNESEN/ V4e6ktO / WILLIAMS NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR
ATTEST:

CITY CLERK
Parluro ? Va CCCACo
Now,

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Agenda Item No: K.4

AGENDA REPORT
DATE: July 7, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: HD Presentation and Direction for Homeless Priorities

Funding Source: N/A

Contact: Samantha Burrows, (707) 428-7749

RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
City Council has identified reducing and expanding services and support systems for homelessness as a top priority. Staff is seeking direction to establish goals and expectations for the next two years.

DISCUSSION
The 2024 Solano County Point in Time Count (PIT) reported that the City of Fairfield has 615 unhoused individuals within the city limits and 1,725 unhoused individuals across the county. The 2026 PIT Count has been submitted to the U.S. Department of Housing and Urban Development (HUD) for review, and the results should be released later this year.

As of December 2025, the Fairfield -Suisun Unified School District (FSUSD) reports ther e are 470 families (877 children) experiencing housing insecurity enrolled in FSUSD. Housing insecurity encompasses homelessness, frequent housing changes and those at risk of becoming homelessness due to housing that is unstable, unsafe, and/or an inadequate place to live.

In response to the growing need for interventions to address those who are unhoused and reduce the impacts on the city, the council has authorized several short -term interventions including expanding emergency shelter capacity, creatio n of the street outreach team, and supporting a coordinated regional response through Community Action Partnership Solano -Joint Powers Authority (CapSolano JPA).

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Due to City budget cuts due to the structural deficit, reduction in federal and state funding, and city council’s dissatisfaction with results from investment of certain providers, the council has reduced operational funds for emergency shelters in the city which has reduced the overall accessible capacity for emergency shelter within the c ity. Currently, Fairfield funds emergency shelter beds at Change and New Beginnings (CANB) and Mission Samoa which averages supporting 26 beds per night across the two programs. To address sheltering needs during winter inclement weather months, the City a lso funds a nightly winter shelter at BayNorth Church of Christ, increasing City supported capacity by 10 beds five months of the year. At the council retreat in January 2026, council gave direction to increase funding for Mission Samoa which will increase capacity for single adults by a couple beds in the next fiscal year.

In January 2025, the street outreach team was launched in partnership with CANB. The service was created to fill the gaps created by reduction in the Homeless Intervention Team (HIT) due to the deficit. The shift also allows HIT to focus on enforcement while CANB provides social services.

CANB’s ACCESS Team resulted in 84 individuals exited from Fairfield streets between January 1, 2025, and March 31, 2026. Of these 84 individuals, 38% (32 individuals) moved into permeant housing solutions and 50% (42 individuals) moved into temporary housing solutions (emergency shelter, transitional housing or placements with friends/family on a temporary basis).

Under the direction of the council, the city has been able to implement intervention strategies that are key in an effective homeless response system. However, there are still gaps in the system of care to achieve function al zero. A functional zero system of care reduces homelessness to a level so low that it is rare, brief, and resolved quickly with a system capacity equal to the number of people experiencing homelessness at any given time.

The biggest challenges faced by both the emergency shelter providers and outreach team is the lack of affordable housing capacity. Currently, there is a bottle neck in the system of care moving individuals from unhoused into housing due to these key factors:

1. Rents across Solano County have risen faster than income

2. Lack of affordable housing units

3. Limited housing assistance funds and housing vouchers

Affordable housing provides a housing pipeline to house individuals after interventions such as street outreach and emergency sheltering.

Additionally, the inflow (those who become unhoused) is still high, keeping the overall unhoused numbers from significantly decreasing. Inflow is driven by high costs of housing, evictions, and economic shocks. Overall , homeless growth in California has decreased to 3% between 2024 - 2025 but is still slightly rising. Between 2025-2026 there was a slight decline in homeless numbers in some communities as a result increased affordable housing supply, increase in permanent supportive housing (PSH) and funding for support services, prevention and rapid rehousing programs.

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Additional short-term intervention options include:

1. Increase capacity for emergency shelter/interim housing placements

2. Increase assistance for non-sub populations (i.e. behavioral health, veterans, transitional age youth)

3. Increase transitional pathways (not just emergency beds)

4. Create prevention and diversion assistance programs

The current trend for funding to assist unhoused is focused on veterans and individuals with behavioral health disorders. While needed, this leaves gaps in services for the population who do not meet the criteria for programs with restricted funding.

Additionally, programs do not provide capacity to assist families with spaces for larger household sizes. This results in families sleeping in their cars, ten ts in parks, separating the household causing additional destabilization, and/or depletion of limited financial resources to pay for motels.

At the council retreat in January 2026, council expressed interest in recovery -based sheltering programs. Currently in the pipeline for Solano County includes:

1. Archway Recovery Services is building a 62 -bed residential treatment center in Fairfield for those struggling with substance use disorders; scheduled to open early 2027.

2. Solano County Behavioral Health is building/adding to their Recovery Campus in Fairfield.

Additions include 14 additional crisis stabilization beds (26 beds), a peer respite program (20 beds) and a sobering center (12 service slots) which is scheduled to be completed in December 2028.

Staff researched Hope House in San Francisco, a non-congregate 58-bed recovery focused shelter program run by Salvation Army. It provides a 90-day to one-year stay that includes private living spaces, intensive on -site programing such as recovery groups an d wrap -around services, and random drug testing.

Hope House does not comply with California’s Housing First requirements (Welfare and Institutions Code §8255(b)) nor previously released federal funding . The program costs, estimated at $8.1 million for 2 years ($191 per bed per night), are funded through only local funds and philanthropic dollars in a public -private partnership. It operates as a parallel model within San Francisco’s continuum of care as an opt-in shelter.

Regional capacity through CapSolano JPA has expanded with the Memorandum of Understanding (MOU) between local cities (except Dixion) and the County of Solano. While implementing the strategic plan has been slow, three staff have been hired and a search for a new Execu tive Director is currently underway . The JPA staffing is starting to reduce the bottleneck of getting

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funding into contracts and into the community, resulting in an increase in services. However, due to the staffing turnover no new funding sources have been obtained.

There has also been a decline in homelessness investments over the last three years at the state level. Homelessness related spending in California peaked in 2022 -2023 at $6.9 billion (mostly one-time COVID-19 pandemic-era revenues and flexible federal funding). Since then, funding has declined to $2.5 billion in 2024-2025 and to $1.5 billion in 2025-26.The Governor’s current budget proposal (fiscal year 2026 -2027) projects no additional or ongoing state funding beyond what was committed in previous years. Homeless Housing, Assistance and Prevention (HHAP) funding is maintained with a 50% reduction amount from what the program received in previous years.

Behavioral Health Services Act (BHSA/Prop 1) funding is in the budget, which is not new funding but a reallocation of existing funding, and is focused on permanent housing solutions for those with behavioral health conditions.

Additionally, the California Department of Housing and Community Development (HCD) has not yet released the updated master Notice of Funding Availability (NOFA) calendar for all homeless and housing programs. The known cycle of funding includes : Solano County Continuum of Care was awarded $2.1 million in HHAP 6 in one -time funding. There is no current tim eline for when these funds will be released through CAPSolano JPA.

Uses for known one-time state funding:

1. Homeless Housing, Assistance and Prevention (HHAP) 6 : funds for Interim Housing/Emergency Shelter, Rapid Rehousing (including youth set -aside), and Homeless Management Information System (HMIS). HHAP funds may shift depending on changes to 2026 HUD guidance, but details are unknown.

2. Encampment Resolution Funding (ERF) : funding can be used for services that resolve encampment concerns without punitive displacement including rapid rehousing, supportive services, emergency shelter, housing navigation and placement. This funding has been unsuccessful in Solano County (Vallejo has applied for this funding twice) due to the lack of available pathways to housing.

3. Homekey+: Prop 1 funds available over the counter (i.e. applications for funding accepted until funds are exhausted) for creation of permanent supportive housing projects.

On June 1, 2026, HUD released the FY 2026 Continuum of Care Competition and Youth Homelessness Demonstration Program Grants NOFO for homeless services and housing with $4.04 billion in Federal completive grants allocated. Elig ible projects include permanent supportive housing, transitional housing, HMIS, and projects providing support services only.

Staff seek additional council direction on priorities in addressing homelessness to establish clear goals.

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FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
N/A

COORDINATED WITH
City Manager’s Office and Police Department

STAFF CONTACT
Samantha Burrows, Homeless Services Manager
(707) 428-7749
[email protected]

ATTACHMENTS
N/A

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Agenda Item No: K.5

AGENDA REPORT
DATE: July 7, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-119 CM Internet Service and Telephonic Service Disruption 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.

STATEMENT OF ISSUE
The California Legislature enacted Senate Bill 707 (SB 707), effective January 1, 2026, which modernizes the Ralph M. Brown Act by requiring eligible legislative bodies, including the City of Fairfield City Council, to provide hybrid public meeting access beginning July 1, 2026.

To comply with SB 707, the council must adopt a formal Internet Service and Telephonic Service Disruption Policy that establishes procedures when internet or telephonic service failures prevent remote public participation during a council meeting. This policy must be adopted in open session and cannot be placed on the consent calendar.

Council action is required to ensure the City remains in compliance with the Brown Act’s updated hybrid meeting requirements by the statutory deadline.

DISCUSSION
SB 707 modernizes the Ralph M. Brown Act by requiring eligible legislative bodies, including the City of Fairfield City Council, to offer two -way remote public participation at all open meetings beginning July 1, 2026. To comply with SB 707, the Council must adopt a policy outlining how disruptions to internet or telephonic services will be handled when they prevent the hybrid meeting platform from functioning.

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The proposed policy establishes roles for the responsible person and the city clerk, who oversee meeting operations and virtual public comment. If a disruption occurs, staff must immediately inform the mayor, and the council must recess f or up to one hour while good faith efforts are made to restore connectivity. Procedures for troubleshooting and documenting the disruption are clearly defined.

If service is restored, the meeting resumes with full hybrid access. If service cannot be rest ored, the Council may continue the meeting only after making required findings that (1) good faith restoration efforts were made and (2) the public interest in proceeding outweighs the temporary loss of remote participation. The policy also identifies meet ing types exempt from hybrid requirements and allows for closed session convening during a recess when posted on the agenda.

Adopting the policy ensures the City meets the July 1, 2026 , compliance deadline and maintains transparency and accessibility in accordance with state law.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
No additional outreach was required, as the proposed policy is mandated by SB 707 and must be adopted directly by the council. There is no advisory body recommend ation for this item. The proposed Internet Service and Telephonic Service Disruption Policy have not been reviewed by a board or commission and is presented directly to the City Council for required approval under SB 707.

ALTERNATIVE ACTION
The council may decline to adopt the Internet Service and Telephonic Service Disruption Policy.

However, this alternative is not recommended, as SB 707 requires eligible legislative bodies to adopt such a policy prior to July 1, 2026, to maintain compliance with the Bro wn Act’s hybrid meeting requirements. Failure to adopt a policy would place the City at risk of non -compliance with state law.

COORDINATED WITH
City Clerk’s Office and Information Technology Department

STAFF CONTACT
Bill Way, Communications Manager - PIO
(707) 428-7611
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Internet Service and Telephonic Service Disruption Policy Attachment 4: Certification of the Resolution

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-119

ADOPTING THE “INTERNET SERVICE AND TELEPHONIC SERVICE DISRUPTION POLICY” FOR CITY

COUNCIL MEETINGS

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

1. Recitals. The City Council hereby finds determines and declares as follows:

A. 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 Government Code 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.

B. B. SB 707 adds a new Section 54953.4 that requires specific actions be taken by an “eligible legislative body” to make meetings more accessible to the public. An “eligible legislative body” is defined in Section 54953.4(e)(2) and as applied to the City of Fairfield, the council is an eligible legislative body.

C. Starting on July 1, 2026, public meetings held by an eligible legislative body are required to include an opportunity for members of the public to attend via a two - way telephonic service or a two-way audiovisual platform (such as Zoom), commonly referred to as a “hybrid meeting.” The only exception is if adequate telephonic or internet service is not operational at the meeting location.

D. In conjunction with hybrid meetings, SB 707 requires the council, on or before July 1, 2026, to approve a policy regarding the disruption of telephonic or internet services occurring during the meeting. The adoption of such policy must occur at a noticed public meeting of the council in open session and not as an item on the con sent calendar.

E. The purpose of this policy is to adopt the “Internet Service and Telephonic Service Disruption Policy” in the manner and content required by Section 54953.4(b)(1)(A)(i)(I) and (II).

2. Adoption of Policy. The City Council of the City of Fairfield does hereby adopt the “Internet Service and Telephonic Service Disruption Policy” in substantially the form attached hereto as Exhibit A. The city manager shall have the authority to make such adjustments to the Policy as are necessary to impleme nt amendments to the Brown Act

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RES. NO. 2026-119

Page 2 ends

or to facilitate the implementation of the requirements of Government Code Section 54953.

3. Certification. The city clerk shall certify the adoption of this Resolution.

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: _________________________________________________

_________________________________________________

ACTING MAYOR
ATTEST:
___________________________

CITY CLERK

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EXHIBIT A

INTERNET SERVICE AND TELEPHONIC SERVICE DISRUPTION POLICY

Background

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 54950.1 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 a dds a new Section 54953.4 that requires specific actions be taken by an “eligible legislative body” to make meetings more accessible to the public. An “eligible legislative body” is defined in Section 54953.4 (e)(2) and a s applied to the City of Fairfield, the City Council is an eligible legislative body.

Starting on July 1, 2026, public meetings h eld by an eligible legislative body are required to include an opportunity for members of the public to attend via a two -way telephonic service or a two-way audiovisual platform (such as Zoom), commonly referred to as a “hybrid meeting.” The only exception is if adequate telephonic or internet service is not operational at the meeting location.

In conjunction with hybrid meetings, SB 707 requires the City Cou ncil on or before July 1, 2026, approve a policy regarding the disruption of telephonic or internet services occurring during the meeting. The adoption of such policy must occur at a noticed public meeting of the City Council in open session and not as an item on the consent calendar.

The purpose of this policy is to adopt the “Internet Service and Telephonic Service Disruption Policy” in the manner and content required by Section 54953.4(b)(1)(A)(i)(I) and (II).

City of Fairfield Teleconference Meeting Disruption Policy

1. Designation of Responsible Person of the City’s Two -Way Audiovisual Platform or Two-Way Telephonic Service: The City Manager or his or her designee shall identify a City employee or vendor who is responsible for operating the two-way audiovisual platform or two- way telephonic service, referred to herein as the “Hybrid Platform”, at noticed public meetings of the City Council (“Responsible Person”). Typically, the Responsible Person handles the operation of the microphones, cameras and other audio visual equipment and/or telephonic or voice equipment during City Council meetings and ensures that the Hybrid Platform has connectivity so that the meeting is displayed, both visually and with audio , in the case of an audiovisual platform such as Zoom or Teams, or telephonically if a telephonic system is utilized.

1 All section references are to the California Government Code.

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2. Role of the City Clerk. The City Clerk is the person designated at City Council meetings for operating the Hybrid Platform to ensure the recording of the City Council meeting and for interacting with the Hybrid Platform to receive and record public comments. The City Clerk works within the Hybrid Platform as the meeting host to queue speakers who de sire to provide public comment, admit speaker s into the meeting when it is their turn to speak and thereafter remove said speakers , interact with the speakers as needed, including muting and unmuting speakers, and closes the queue when the public comment period ends. If a telephonic system is used, the City Clerk conducts the same or similar activities. The City Clerk interacts with the Mayor so that speakers who participate virtually or telephonically are called upon by the Mayor to provide their comments.

3. Disruption of the Hybrid Platform - Notification to the Mayor. If the Responsible Person or the City Clerk determines at any time during the City Council meeting that the Hybrid Platform is experiencing technical difficulties such that there is no telephonic or internet service in order for the Hybrid Platform to be operational, or there is a disruption or other technical issue that makes two -way remote participation not possible during the City Council meeting (for example, the City Council meeting is no longer able to be observed or heard by the public via the Hybrid Platform or the public is unable to virtually or telephonically attend the City Council meeting via the Hybrid Platform), the Responsible Person or the City Clerk shall immediately inform the Mayor or the presiding officer if the Mayor is not in attendanc e at the meeting, that the Hybrid Platform has been disrupted and a recess is required in order to restore service to the Hybrid Platform.

4. Announcement by the Mayor. The Mayor or presiding officer shall make an announcement regarding the need to call a recess because there is a disruption or other technical issue that has rendered the Hybrid Platform non -operational preventing two -way virtual or telephonic remote participation. After such announcement, the Mayor or presiding officer shall call for a recess and inform the in-person audience that under the Brown Act, the recess may last for up to an hour or until the service is restored to the Hybrid Platform. Pursuant to the Brown Act, the City Council is required to recess the open session of the City Council meeting for at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier.

5. Recordation of the Time Recess is Called. The City Clerk shall physically in writing record the time when the recess is called by the Mayor or the presiding officer if the Mayor is not in attendance at the meeting.

6. Good Faith Attempt to Restore Service to the Hybrid Platform. During the recess, the Responsible Person and/or the City Clerk and any other member of City Staff shall make a good faith attempt to restore service to the Hybrid Platform. This includes troubleshooting any issues impacting connectivity including but not limited to the following : internet or telephonic connectivity issues (for example, check the connection, check the connection speed, test the internet bandwidth, contact the internet or telephonic provider, etc.), or audio or video quality

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concerns or webcam and audio issues ( check settings of equipment and/or Hybrid Platform, check connections and cable s, check app permissions (if applicable), ensure webcams or other cameras not blocked, adjust camera settings, test of audio, reinstall app or program (if applicable) etc.).

7. Troubleshooting Hybrid Platform is Succe ssful. If the Responsible Person, City Clerk, or any other member of City Staff is successful in restoring the service to the Hybrid Platform within one hour of when the recess was called, the City Clerk shall inform the Mayor or presiding officer that the matter has been resolved. The Mayor or presiding officer shall then reconvene the City Council meeting and shall inform the public that service has been restored to the Hybrid Platform. The City Clerk shall physically in writing record the time of when the City Council meeting is reconvened.

8. Troubleshooting Hybrid Platform is Not Successful. If the Responsible Person, City Clerk, or any other member of City Staff was not successful in restoring the service to the Hybrid Platform within one hour of whe n the recess was called, the City Clerk shall inform the Mayor ore presiding officer that after making a good faith attempt to restore service, service to the Hybrid Platform was unable to be restored. The City Clerk shall give a description of the efforts made to restore service. The City Clerk shall physically in writing record the time of when the City Council meeting is reconvened.

9. Reconvening the Open Session of the City Council Meeting. The Mayor or presiding officer shall subsequently reconvene th e City Council meeting. Upon reconvening the meeting, the Mayor or presiding officer shall inform the City Council and the public that services to the Hybrid Platform were unable to be restored and the Mayor or presiding officer shall request that a finding be made as follows: (i) that good faith efforts to restore the telephonic or internet service have been made in accordance with the City’s Internet Service and Telephonic Service Disruption Policy; and (ii) that the public interest in continuing th e meeting outweighs the public interest in remote public access. The Mayor or presiding officer shall call for a motion, ask for a second and ask the City Clerk to take a roll call vote. If the motion making the finding is passed, the City Council may continue the City Council meeting.

10. Certain Meetings Exempt. The requirement set forth in Government Code Section 54953.4 that open and public meetings shall include an opportunity for members of the public to attend the City Council meeting via a two -way remote system (either telephonically or via an audiovisual platform), does not apply to the following meetings: (i) a meeting to attend a judicial or administrative proceeding to which the City is a party; (ii) a meeting to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal pr operty; (iii) a meeting with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the city and over which the federal or state officials have jurisdiction; (iv) a meeting in or nearby a facility owned by the City, provided that the topic of the meeting is limited to items directly related to the facility; and (v) a m eeting in an emergency situation pursuant to Government Code Section 54956.5.

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11. Closed Session During a Recess. During the recess described herein, the City Council may meet in closed session during this period for items listed in the closed session agenda for that meeting.

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SOLANO ) ss.

CITY OF FAIRFIELD )

I, Karen L. Rees, City Clerk of the City of Fairfield, do hereby certify that the foregoing Resolution No. 2026-119, was duly passed and adopted at a meeting of the City Council of the City of Fairfield on the 16th day of June 2026 by the following vote, to wit:

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

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairfield, California, this 16th day of June 2026. ________________________________
Karen L. Rees, City Clerk
City of Fairfield

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Agenda Item No: K.6

AGENDA REPORT
DATE: July 7, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026 -158 and Ordinance 2026 -05 CM Submitting to the Voters a 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 I X (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.

STATEMENT OF ISSUE
Staff requests the City Council consider placing a ballot measure before Fairfield voters to change the Office of City Clerk from an elected position to an appointive position pursuant to California Government Code Sections 36508 through 36510.

DISCUSSION
The City of Fairfield is a full-service municipal organization serving a population of approximately 120,000 residents. Organizational excellence is one of the six strategic goals of the council, defined as striving to become a leader in local government best practices. Given the growth of the city and increasing operational complexity of the organization and state laws , the responsibilities associated with the Office of the City Clerk have become increasingly specialized and technical in nature. Hiring a professional city clerk is a best practice for full service municipal governments.

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The City Clerk’s Office plays a critical role in ensuring compliance with numerous state laws governing public meetings, elections, records retention, public noticing requirements, transparency mandates, and municipal procedures. In addition, the office is responsible for supporting the legislative functions of the council, including agenda preparation, reco rds management, maintenance of official proceedings, and compliance with the California Brown Act and California Public Records Act.

The current City Clerk, Karen Rees, reported at the March 17, 2026, council meeting that she will not run for re -election when her term ends in 2028. Ms. Rees expressed the need for a professional city clerk based on her observation during her tenure starting in 2014, that the city has grown in size and complexity. She recommended to the council that the city clerk’s position change from elected to appointed.

Modern municipal governance requires a high level of technical expertise and professional experience in municipal law, election administration, records management, and agenda coordination. A 2022 survey by the city of Ca rlsbad, CA, found that 80% of California cities had transitioned to an appointive city clerk model. This allows cities to recruit and retain experienced municipal professionals with specialized training and certifications necessary to effectively administer increasingly complex legal and procedural requirements.

City General Law / Charter City Clerk Structure
Alameda Charter Appointed
Antioch General Law Elected
Concord General Law Appointed
Hayward Charter Appointed
Livermore General Law Appointed
Napa General Law Appointed
Pittsburg General Law Elected
Pleasanton General Law Appointed
Richmond Charter Appointed
Sacramento Charter Appointed
San Leandro Charter Appointed
Vacaville General Law Elected
Vallejo Charter Appointed

Among Fairfield’s comparable jurisdictions, based on Council Resolution 2000-156, only Antioch, Pittsburg and Vacaville have elected city clerks.

Under California Government Code Sections 36508 through 36510, general law cities may submit to the voters the question of whether the Office of City Clerk should become appointive rather

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than elective. If approved by a majority of voters, the council would thereafter appoint the city clerk upon expiration of the current term of office.

Proposed Language for Appointed City Clerk
Election on November 3, 2026

Shall the Office of City Clerk be appointive?

YES

NO

Transitioning to an appointive city clerk structure would provide the council with the ability to recruit candidates based on professional qualifications, municipal experience, technical expertise, and demonstrated knowledge of California municipal law and legislative administration. This approach is intended to strengthen or ganizational continuity, ensure procedural compliance, and support the effective administration of council operations.

Approval of the proposed resolution would place the measure before Fairfield voters for consideration at the November 3, 2026, General Municipal Election.

FINANCIAL IMPACT
The median salary for a city clerk position is $150,000 based on a survey on the jurisdictions listed in City Resolution 2000-156. This additional cost will not be realized until the end of the current city clerk’s term in December of 2028.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may decline to submit the measure to the voters and retain the current elected city clerk or provide alternative direction to staff.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager
(707) 428-7397
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Ordinance

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CITY OF FAIRFIELD

RESOLUTION NO. 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

WHEREAS, the model of governance under Government Code Section 36501 requires general law cities to each have a city council, city clerk, city treasurer, chief of police, fire chief, and any subordinate officers or employees provided by law; and

WHEREAS, a city clerk oversees vital municipal functions pursuant to Government Code section 40801 et seq., such as maintaining official records, administering oaths and affirmations, taking and certifying affidavits and depositions pertaining to city business, keeping meeting minutes, recording, publishing, and certifying city ordinances, and additional duties as prescribed by ordinance or other state laws, including the administration of elections as a neutral elections official under the Political Reform Act and ensuring compliance with state transparency laws such as the Ralph M. Brown Act (Brown Act) and the Public Records Act (PRA); and

WHEREAS, among other requirements, the city clerk must ensure compliance with state open meeting laws and ensure that legislative actions, including, but not limited to, the preparation of legislative agendas, publication of meeting notices, and posting of agendas, abide by the Brown Act; and

WHEREAS, the city clerk is also entrusted with maintaining City of Fairfield (City) records, including the retention of records, the organization of the City’s records, and their indexing and retrieval, as well as responding to requests for City records under the PRA; and

WHEREAS, a city clerk is either elected by a majority of voters or appointed; and

WHEREAS, the position of the Fairfield City Clerk is currently an elected office; and

WHEREAS, the duties, responsibilities and requirements of a city clerk have evolved and increasingly demand extensive technical knowledge and experience in election law, records management and retention requirements, public transparency laws, digital archiving and cybersecurity, technology systems, and compliance with other State laws, as well as professional training, education, and certification; and

WHEREAS, under State law, elected city clerk candidates are only required to be adult residents and registered voters of the City, and are not required to possess specific education, certification, public agency experience, records management training, election administration experience, or legal compliance expertise; and

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RES. NO. 2026-158

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WHEREAS, the city clerk liaises between the general public and City Council, and provides related municipal services and information regarding the operations and legislative history of the City upon which the council, all City departments, and the public rely; and

WHEREAS, since the role of the city clerk is integral to day -to-day City operations, the City requires a candidate that has the professional education or training and knowledge in addition to the technical skills necessary to understand and administer the wide range of laws and responsibilities that are required of the position; and

WHEREAS, a 2022 survey conducted by City of Carlsbad staff found that of the 482 California cities at that time, 383, or 79.5% of cities, now have an appointed city clerk and only 99 cities, or

20.5%, have an elected city clerk; and

WHEREAS, the percentage of elected city clerks in California has continued to decline and has trended in favor of appointed positions; and

WHEREAS, an appointed city clerk may be held accountable through professional performance standards, regular evaluation, and the same administrative expectations applied to other professional City staff, while the elected city clerk remains directly accountable to Fairfield voters for the effective operation of City government; and

WHEREAS, the council desires to submit to the voters of the City at the General Municipal Election to be held on November 3, 2026, a measure relating to whether the Office of City Clerk shall be appointive; and

WHEREAS, if the measure is adopted, the council may delegate to the city manager the appointment authority for the position to ensure the hiring of a professional with the skills and expertise needed to fulfill the increasingly complex and technical duties of a city clerk.

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

Section 1. The facts set forth in the recitals of this resolution are true and correct and establish the factual basis for the council’s adoption of this resolution.

Section 2. On June 16, 2026, the Fairfield City Council called a General Municipal Election to be held in the City on November 3, 2026 (General Municipal Election) and requested that the Solano County Board of Supervisors consolidate said election with the Statewide General Election to be held on the same date. Pursuant to California Elections Code Sections 9222 and 10201, the City Council hereby orders that at said General Municipal Election, a ballot measure to convert the Office of the City Clerk to an appointive position be submitted to the voters for consideration.

The full text of the proposed ordinance to make the Office of the City Clerk appointive is attached

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RES. NO. 2026-158

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to this Resolution as Exhibit A and incorporated herein by reference. The meas ure to be submitted to the voters shall appear and be printed on the ballot as follows:

City of Fairfield Appointive City Clerk Measure
Shall the Office of City Clerk be appointive?

YES
NO

Section 3. The proposed ordinance shall only take effect if at least a majority of those voting on the question vote in favor of it at the General Municipal Election.

Section 4. The city attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.

Section 5. The council directs that arguments for and against the measure may be filed in accordance with applicable law, and that all members of the council are authorized to file the argument in favor of the measure to be voted on at such General Municipal Election pursuant to Elections Code Section 9282. Rebuttal arguments shall not be accepted in connection with this measure.

Section 6. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Fairfield as of the date of such election shall be entitled to vote. The ballots to be used at the election shall be in the form and content as required by State law.

Section 7. Notice of the time and place of holding the General Municipal Election is hereby given and the city clerk is authorized, instructed, and directed to give further or additional notice of the election, in th e time, form and manner as required by law, and to publish a synopsis of the measure as required by law.

Section 8. The city clerk is hereby directed to submit a complete certified copy of this resolution to the Solano County Registrar of Voters Office and to the Solano County Board of Supervisors.

Section 9. The mayor shall sign and the city clerk shall certify the passage and adoption of this resolution.

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RES. NO. 2026-158

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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

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CITY OF FAIRFIELD

ORDINANCE NO. 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

WHEREAS, pursuant to Government Code Section 36502, the Office of the City Clerk of the City of Fairfield is currently an elective office; and

WHEREAS, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective city clerk shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and

WHEREAS, changing the Office of City Clerk to an appointive office would allow the City to appoint an individual, including an appointment through employment, that has the professional education, training, experience and knowledge in addition to the technical skills necessary to understand and administer the wide range of laws and legal responsibilities of the city clerk; and

WHEREAS, this measure would provide the City Council with the authority to delegate the appointment authority for the city clerk position to the city manager to ensure the selection of a professional with the skills and expertise needed for the position of city clerk; and

WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF FAIRFIELD DO ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2 of the Fairfield Municipal Code is hereby amended to add a new Article IX to read as follows:

"ARTICLE IX — CITY CLERK

2.43 — Appointment.

Pursuant to Government Code Sections 36501 and 36508 through 36510, the city clerk shall be appointed and serve at the pleasure of the City Council. Notwithstanding the foregoing, pursuant to Government Code Section 36510, the City Council may by ordinance, vest in the city manager its authority to appoint the city clerk. The appointed person shall not be required to be a City resident or elector.

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ORD. NO. 2026-05

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2.44 — Compensation.

The city clerk shall receive such compensation as shall be fixed by resolution or ordinance of the City Council.

2.45 — Powers and duties.

A. The city clerk shall have the powers, duties and responsibilities granted to and imposed upon the office of the city clerk pursuant to the following:

1. The provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code (commencing with Section 40801), with the exception of the financial and accounting duties set forth in Government Code Sections 40802 through 40805;

2. Other state laws, w ith the exception of those financial powers and duties imposed upon the city clerk by Title 4, Division 3, Part 2, Chapter 4 of the Government Code (commencing with Section 37201); and

3. The provisions of the Fairfield Municipal Code.

B. The city clerk shall also perform such other duties as may be required of the city clerk by the city manager or the City Council.”

SECTION 2. If a majority of the voters voting on this measure at the November 3, 2026, General Municipal Election approve this Ordinance, it shall take effect 10 days after the City Council declares and certifies the results of the election, as required by applicable law. The position of City Clerk shall be filled by appointment thereafter upon the earlier of either a vacanc y in the office or at the expiration of the current term of office of the incumbent in accordance with Government Code Section 36510.

SECTION 3. Notwithstanding Elections Code Section 9217, the City Council may subsequently amend this Ordinance without voter approval, except that voter approval shall be required to re-instate the position of an elected city clerk.

SECTION 4. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or provisions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail.

SECTION 5. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purpose.

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ORD. NO. 2026-05

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SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent juris diction, such decision shall not affect the validity of the remaining portions of this Ordinance. The people of the City of Fairfield hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. The city clerk is hereby directed to publish thi s ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of Fairfield.

SECTION 8. The mayor is hereby directed to attest to the adoption of this Ordinanc e by signing where indicated below upon certification by the city clerk that a majority of those electors voting on this Ordinance have voted in the affirmative.

PASSED, APPROVED AND ADOPTED BY THE VOTERS OF THE CITY OF FAIRFIELD, STATE OF CALIFORNIA, AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2026.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: K.7

AGENDA REPORT
DATE: July 7, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-159 and Ordinance 2026-06 CM Proposed Ordinance and 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.

STATEMENT OF ISSUE
The City Council has identified maintaining fiscal sustainability, preserving essential public services, investing in public infrastructure, and protecting community quality of life as ongoing strategic priorities. With an estimated $11 million structural deficit, the council is considering an update to Measure P to increase revenues with the aim of maintaining the quality of life that this measure has helped to create for the community and its stakeholders.

DISCUSSION
In November 2012, Fairfield voters approved Measure P, a one -percent local transactions and use tax designed to provide locally controlled funding for essential city services and infrastructure

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improvements. The revenues generated by the measure helped protect public safety services, repair streets and roads, improve youth and senior services, and maintain Fairfield’s overall quality of life. All revenues generated by Measure P remain local and c annot be taken by the State. The Measure also called for an oversight committee of Fairfield residents to ensure the use of revenues for the services it was intended to fund.

In November 2016, Fairfield voters approved an extension of Measure P through March 31, 2033.

The ballot measure stated that the extension would preserve local funding for neighborhood police patrols, firefighting and emergency response, crime prevention programs, street maintenance, parks and recreation services, and other general g overnmental services, while maintaining independent oversight and annual audits.

Since its original passage, Measure P has become an important revenue source supporting core city operations and municipal services.

Measure P Accomplishments
Measure P reve nues have supported a variety of community investments and operational priorities throughout the city. According to the most recent annual reporting by the Measure P Citizen Oversight Committee , Measure P funding contributed to roadway and infrastructure improvements, including major roadway projects, pothole repair programs, and pedestrian safety improvements. In 2025, more than 3,000 potholes were repaired and approximately 200 crosswalks upgraded citywide.

Measure P revenues have also supported public s afety services, including maintaining police staffing levels, emergency response capabilities, firefighting services, neighborhood patrols, and crime prevention programs. The revenues from this measure have been a critical funding source for preserving public safety operations and maintaining emergency response times.

Measure P funding has supported homelessness outreach and intervention programs, including the Homeless Intervention Team (HIT), Homeless Engagement and Response Team (HEART), shelter operati ons, outreach partnerships, and contracted services focused on connecting unhoused individuals with shelter and supportive services. In 2025, local outreach efforts funded through Measure P assisted with shelter placement for approximately 315 individuals.

Measure P revenues continue to support parks, recreation programs, youth and senior services, community events, and general municipal operations intended to preserve Fairfield’s quality of life. In 2025, Measure P revenues helped support services in the following departments:

Department Expenditure
Police $12.5 Million
Fire $6 Million
Public Works $4.1 Million
Parks & Recreation $1.7 Million

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Current Fiscal Conditions
Like many California municipalities, Fairfield continues to experience inflation of operational costs associated with infrastructure maintenance, public safety operations, pension obligations, homelessness response efforts, and construction costs. The fiscal year 2024 -2025 budget required the city to implement multiple strategies to address an estimated $20 million shortfall, including staffing reductions, expenditure reductions, deferred maintenance projects, and operational efficiencies.

The City has also undertaken additional efforts intended to improve long -term fiscal sustainability, including reducing departmental budgets, increasing cost recovery through fee increases, maintaining emergency reserves, and establishing pension reserve funding strategies.

In the last two fiscal years, staff have cut the city’s structural deficit from a projected $20 million to $11 million. Cost mitigation strategies included:

 Frozen 24.5 positions – including 4 sworn police officers  Reduced discretionary spending
 Deferred maintenance
 Used one-time funds to balance ongoing costs
 Negotiated no cost-of-living adjustments (no pay raises) for employees  Despite these efforts, expenses continue to grow in several key operational areas:
 PERS - $6 million increase since 2020 (64%)
 Medical - $1.4 million increase since 2020 (27%)
 General Liability Insurance - $2 million increase since 2020 (143%)  Internal Services - $14.1 million increase since 2020 (114%)  Cost increases driven by electricity, cybersecurity, enterprise software

Streets and Roads
Maintaining Fairfield’s transportation infrastructure remains a significant financial challenge. The City’s current Pavement Condition Index (PCI) is reported at 64, slightly below the statewide average of 65. Current roadway maintenance funding levels are insufficient to fully maintain or improve pavement conditions over the long term due to increasing construction and material costs. Fairfield currently spends approximately $9 million annually on roadway maintenance , however, approximately $18 million annually would be necessary to maintain the current PCI level on an ongoing basis.

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Potential Measure P Update
As part of ongoing fiscal planning discussions, the city council has evaluated options that could assist in maintaining essential municipal services and infrastructure investments over the long term. One option discussed publicly is a potential Measure P Update that would extend the existing local transactions and use tax while increasing the rate by an additional one cent, subject to voter approval.

Based on staff’s preliminary estimates, a one -cent increase could generate approximately $2 4 million annually in additional locally controlled revenue. The additional revenues will be used to continue to support public safety operations, emergency response services, roadway maintenance, parks and recreation services, homelessness response programs, and facility maintenance.

Any new Measure P revenues would continue to fall under the purview of the Measure P Citizen Oversight Committee with the same accountability provisions that currently exist such as annual independent audits, citizen oversight, and annual reporting to the community regarding revenues and expenditures.

To qualify for the ballot, 2/3 of the City Council (at least 5 out of 7 members) are required to vote affirmatively to approve the transaction and use tax ordinance. If a council member is absent from the meeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for the ballot. If so approved by the Council, and then passed by a majority of the voters (50% plus 1) on Tuesday, November 3, 2026, it would go into effect on April 1, 2027.

FINANCIAL IMPACT
The proposed Measure P rate increase of one percent would provide approximately a $24 million increase in revenue per year to the general fund. The projections are based on current economic data and trends and are subject to change with economic activity within the City.

Proposed Language for Transaction and Use Tax Measure
Election on November 3, 2026

THE FAIRFIELD TRANSCATION AND USE TAX MEASURE

To provide and protect funding for Fairfield’s services, such as police, fire, 911 emergency response, neighborhood safety, street and sidewalk repair, homelessness prevention and response and general governmental use, shall an ordinance be adopted to extend the City’s sales tax and increase the rate by up to one-cent per dollar until ended by voters, adding approximately $ 24 million annually, with independent citizen oversight, annual aud its, public spending reports, and all funds locally controlled?

YES

NO

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PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The c ity hired consultant s, Probolsky Research and Willi am Barry Campaigns, to assist with creating the ballot language and educational materials, which included polling research to advise Council on the measure. The surveys included standard polling questions asking prospective voters about the measure. Prospective voters received email, text message, and phone call requests to participate in the surveys. The surveys were commissioned by Probolsky Research to collect input about the Measure P ballot measure.

ALTERNATIVE ACTION
State law requires that such measures coincide with local City Council elections for public vote on the November 2026 General Election. The City Council can forgo placing the revenue measure on the November ballot. If City Council chooses not to place the Measure P Update on the November ballot, then staff will return to Council with a list of proposed service cuts to close the structural deficit.

COORDINATED WITH
City Attorney’s Office and Finance Department

STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager
(707) 428-7397
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Ordinance

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CITY OF FAIRFIELD

RESOLUTION NO. 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

WHEREAS, the City of Fairfield (City) expects to maintain general municipal service s for City residents, businesses, and visitors at the levels they expect and deserve; and

WHEREAS, the City Council has been informed by staff that the City needs additional local funds to fund vital City programs and services, such as homeless services a nd prevention, maintaining response times from public safety, road maintenance, and parks and recreation programing; and

WHEREAS, additional sources of local revenue will help the City maintain local control over its revenue and promote fiscal sustainability; and

WHEREAS, if approved by the voters, the revenue from this measure will be subject to transparency and accountability provisions such as financial audits and citizen oversight to ensure that all funds will remain in Fairfield for the local general services on which local residents and businesses rely, and that none of the new funding can be taken by the Federal or State governments; and

WHEREAS, the council proposes to submit to the voters of the City an ordinance to extend the City of Fairfield’s local transactions and use tax and increase the rate of such tax.

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

Section 1. The facts set forth in the recitals of this resolution are true and correct, and establish the factual basis for the council’s adoption of this resolution.

Section 2. Section 7285.9 of the Revenue and Taxation Code authorizes any city to levy, increase, or extend a transactions and use tax for general purposes at a rate of 0.125 percent, or a multiple thereof, and Section 7294.3 of the Revenue and Taxation Code authorizes any city in Solano County to exceed the 9.25% transactions and use tax cap by up to 0.5%, subject to approval by a two-thirds vote of all of the members of the City Council and by a majority of the qualified voters of the City voting in an election on the issue.

Section 3. By Resolution No. 2026-120, adopted on June 16, 2026, the City Council has previously called and given notice of the General Municipal Election to be held in the City on No vember 3, 2026, and to be consolidated with the statewide general election conducted on the same date.

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RES. NO. 2026-159

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Pursuant to California Elections Code Sections 9222 and 10201, the council hereby orders that at the said election, a Transactions and Use Tax Ordinance be submitted to the voters for consideration. The full text of the City of Fairfield’s Transactions and Use Tax Ordinance is attached to this Resolution as Exhibit A and is incorporated herein by reference. The measure to be submitted to the voters shall appear and be printed on the ballot as follows:

City of Fairfield Measure P Update Measure
To provide and protect funding for Fairfield’s services, such as police, fire, 911 emergency response, neighborhood safety, street and sidewalk repair, homelessness prevention and response, and general governmental use, shall an ordinance be adopted to extend the City’s sales tax and increase the rate by up to one-cent per dollar until ended by voters, adding approximately $24 million annually, with indep endent citizen oversight, annual audits, public spending reports, and all funds locally controlled?

YES
NO

Section 4. The council, by at least 2/3 vote, hereby approves the proposed City of Fairfield Transactions and Use Tax Ordinance, attached to this Resolution as Exhibit A, to be submitted to the voters. The proposed measure is a general tax, as defined in Article XIIIC of the California Constitution, to be extended and increased by 1%, from the rate of 1% to 2% on transactions and uses in the City as defined in the ordinance, to be collected by the California Department of Tax and Fee Administration. The ordinance shall not take effect unless and until approved by a vote of at least a majority of voters voting on the question at the election.

Section 5. The city attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.

Section 6. The council directs that arguments for and against the measure may be filed in accordance with applicable law, and that councilmembers are authorized to file an argument in favor of the measure.

Section 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Fairfield as of the date of such election shall be entitled to vote.

Section 8. Notice of the time and place of holding the General Municipal Election is hereby given and the city clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form and manner as required by law, and to publish a synopsis of the measure as required by law.

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RES. NO. 2026-159

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Section 9. The city clerk is hereby directed to submit a complete certified copy of this resolution to the Solano County Registrar of Voters Office and to the Solano County Board of Supervisors.

Section 10. The mayor shall sign and the city clerk shall attest to the adoption of this resolution.

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

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CITY OF FAIRFIELD

ORDINANCE NO. 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

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

SECTION 1. Section 18.74 of Article VII of Chapter 18 of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):

“18.74. Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1.0 2.0% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.”

SECTION 2. Section 18.76 of Article VII of Chapter 18 of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):

“18.76. Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1.0

2.0% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.”

SECTION 3. Section 18.86 of Article VII of Chapter 18 of the Fairfield Municipal Code is hereby a mended to read as follows (additional text underlined, deleted text struck through):

“18.86. Termination Date.

The authority to levy the tax imposed by this ordinance shall remain in effect until repealed by the voters of the City of Fairfield. expire on March 31, 2033, at 11:59 p.m.”

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ORD. NO. 2026-06

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SECTION 4. CDTFA. All references in Article VII of Chapter 18 of the Fairfield Municipal Code to the “State Board of Equalization” are hereby amended to instead refer to the “California Department of Tax and Fee Administration.”

SECTION 5. Authority for Transactions and Use Tax. The City of Fairfield’s 1% increase of its transactions and use tax rate, resulting in a total City transactions and use tax rate of 2%, is authorized under Revenue and Taxation Code Section s 7285.9 and 7294.3.

Revenue and Taxation Code Section 7285.9 provides the authority for 1.875% of the 2% total City transactions and use tax rate, and Revenue and Taxation Code Section 7294.3 provides the authority for 0.125% of the 2% total City transactions and use tax rate.

SECTION 6. Intended Amendment. It is the intent of the voters to amend Article VII only as specified in this Ordinance to extend and increase the rate of the existing City of Fairfield (“City”) transactions and use tax in Article VII of Chapter 18 of the Fairfield Municipal Code. Except as specifically amended in this Ordinance, the remaining provisions of Article VII of Chapter 18 of the Fairfield Municipal Code shall remain in full force and effect. If the transactions and use tax increase of 1.0% in this Ordinance is found to be invalid for any reason, the City Council may reduce such increase to 0.875%, for a total City transactions and use tax rate of 1.875%.

SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 8. Effective Date and Expiration. This Ordinance shall take effect immediately upon approval by the voters and shall remain in effect until repealed by the voters of the City of Fairfield.

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ORD. NO. 2026-06

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APPROVED at a regular meeting of the City Council of the City of Fairfield on July 7, 2026, and;

PASSED AND ADOPTED BY THE VOTERS OF THE CITY OF FAIRFIELD, STATE OF CALIFORNIA, AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2026.

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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