Item Coversheet

Agenda Item No: 20.






AGENDA REPORT

DATE:

July 20, 2021 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:First Reading and Introduction of Ordinance 2021-16 of the City Council of the City of Fairfield Amending Section 12B.7 of Fairfield Municipal Code to Create the Rules of One Lake Park

RECOMMENDED ACTION 
Waive full reading, read by title only and introduce ordinance for first reading.
STATEMENT OF ISSUE 
The City of Fairfield will be the eventual owner of the park known as One Lake Park located in the Northeast Area of the City, near the intersection of Vanden Road and One Lake Drive. As the only publicly owned recreational lake, the City should codify the park’s existing rules and regulations into the Fairfield Municipal Code.
DISCUSSION
One Lake is a new housing development that includes a 10-acre body of water within an 11-acre park. A pedestrian trail and park surround the lake, which upon completion will be transferred to the City as a public park facility. The public can use the lake for recreational activities including standup paddleboards, canoes, kayaks, windsurfing, and sailboats. No swimming is allowed in the lake. The Public Works Department worked with Canon Station, LLC (the One Lake developer) to install signage of One Lake Park’s rules and regulations. The rules specify park hours, explicit use of the water, safety, and equipment.

After build-out and acceptance of One Lake Park by the City from the developer, the Homeowners’ Association (HOA) will accept responsibility to maintain the lake and the park. However, the HOA will not staff the lake park to enforce park rules or regulations and will not provide any lifeguards. As such, and as the only public recreation use lake in Fairfield, One Lake Park engenders liability to the City in the event a person experiences an injury or death during recreational use of the lake. 

At the advice of the city attorney, the City Council should adopt an ordinance codifying the rules and regulations of use for the lake at One Lake Park. This provides legal authority for any required enforcement of regulations by the City and limits City liability for harm by individuals who fail to follow the posted rules and regulations. 
 

FINANCIAL IMPACT
There is no fiscal impact for this recommendation. In fact, codifying the existing rules and regulations into the Fairfield Municipal Code reduces the City’s liability regarding accidents and/or deaths that may stem from the public’s use of One Lake Park and its facilities. 
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
None.
ALTERNATIVE ACTION 
The council may choose to not adopt the attached ordinance. 
STAFF CONTACT 
Jonathan Luong, Management Analyst I
(707) 428-7463
jluong@fairfield.ca.gov
 

COORDINATED WITH 
City Attorney's Office
ATTACHMENTS:
Description
Proposed Ordinance
Posted Rules
REVIEWERS:
ReviewerActionDate
Gassaway, DavidApproved7/12/2021 - 3:29 PM
Alexander, AmberApproved7/12/2021 - 4:39 PM
Alexander, AmberApproved7/12/2021 - 4:39 PM