Agenda, first session — Fairfield City Council, December 20, 2022 (part 1 of 3)

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

Pursuant to AB 361 regarding public meetings held during the COVID19 emergency, councilmembers may attend via teleconference. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/81506651327?pwd=b0FURHhuTkFrVXpoa2VoR3RFVWEvUT09 or via phone (408) 6380968, Webinar ID: 815 0665 1327, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Worship Pastor Jeff Hood, First Baptist Church PLEDGE OF ALLEGIANCE

PRESENTATIONS

1."Infinite Gratitude" Poem Presented by Poet Laureate Suzanne Bruce Packet Page 1 of 356

1."Infinite Gratitude" Poem Presented by Poet Laureate Suzanne Bruce Contact:Karen Rees, (707) 428 7767
a

2.Proclamation Thanking Chuck Timm for His Service to Fairfield Presented by Mayor Harry Price Contact:Karen Rees, (707) 428 7767
a

3.Proclamation Thanking Harry Price for His Service to Fairfield Presented by Vice Mayor Rick Vaccaro
Contact:Karen Rees, (707) 428 7767
a
COUNCIL REPORTS
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

4.Resolution 2022337 of the City Council of the City of Fairfield Declaring the Results of Votes Cast and Candidates Elected at the November 8, 2022, General Municipal Election Recommended Action
Adopt resolution.

Funding Source
$149,370 Estimate; General Fund
Contact:Esther Beavers, (707) 4287402
a
NEW BUSINESS

5.Resolution 2022338 of the City Council of the City of Fairfield Approving the City Manager Employment Agreement Between the City of Fairfield and David Gassaway and Amending the Salary Schedule
Recommended Action
Adopt resolution.

Funding Source
$285,000; General Fund
Contact:David Lim, (415) 4218484
a
ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED MAYOR AND

COUNCILMEMBERS
A.Erin Hannigan will Administer the Oath of Office to Mayor Catherine "Cat" Moy B.Lori Wilson will Administer the Oath of Office to Councilmember K. Patrice Williams C.Joe Martinez will Administer the Oath of Office to Councilmember Doug Carr D.Alonzo Allen will Administer the Oath of Office to Councilmember Doriss Panduro E.Selection of ViceMayor

ADJOURN
RECONVENE MEETING OF CITY COUNCIL
ROLL CALL NEWLY ELECTED MAYOR AND COUNCILMEMBERS
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, DECEMBER 20, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/81506651327?pwd=b0FURHhuTkFrVXpoa2VoR3RFVWEvUT09 or viaphone (408) 6380968, Webinar ID: 815 0665 1327, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Jeff Hood, First Baptist ChurchPLEDGE OF ALLEGIANCEPRESENTATIONS1."Infinite Gratitude" Poem Presented by Poet Laureate Suzanne BruceContact:Karen Rees, (707) 428 7767a2.Proclamation Thanking Chuck Timm for His Service to Fairfield Presented by Mayor Harry PriceContact:Karen Rees, (707) 428 7767a3.Proclamation Thanking Harry Price for His Service to Fairfield Presented by Vice Mayor RickVaccaroContact:Karen Rees, (707) 428 7767aCOUNCIL REPORTS CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Resolution 2022337 of the City Council of the City of Fairfield Declaring the Results of VotesCast and Candidates Elected at the November 8, 2022, General Municipal ElectionRecommended ActionAdopt resolution.Funding Source$149,370 Estimate; General FundContact:Esther Beavers, (707) 4287402aNEW BUSINESS5.Resolution 2022338 of the City Council of the City of Fairfield Approving the City ManagerEmployment Agreement Between the City of Fairfield and David Gassaway and Amending theSalary ScheduleRecommended ActionAdopt resolution.Funding Source$285,000; General FundContact:David Lim, (415) 4218484aADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED MAYOR ANDCOUNCILMEMBERSA.Erin Hannigan will Administer the Oath of Office to Mayor Catherine "Cat" MoyB.Lori Wilson will Administer the Oath of Office to Councilmember K. Patrice WilliamsC.Joe Martinez will Administer the Oath of Office to Councilmember Doug CarrD.Alonzo Allen will Administer the Oath of Office to Councilmember Doriss PanduroE.Selection of ViceMayorADJOURNRECONVENE MEETING OF CITY COUNCIL ROLL CALL NEWLY ELECTED MAYOR AND COUNCILMEMBERS
Councilmember Pam Bertani
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Mayor Cat Moy
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY CLERK REPORT
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

6.Resolution 2022339 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a

7.Resolution 2022340 of the City Council of the City of Fairfield Approving the Communications Facility Ground Lease Agreement Between the City of Fairfield and DISH Wireless LLC for a New Cellular Equipment Shelter Located off of Poppy Hills Court, Fairfield, more Commonly Known as APN 0167100160
Recommended Action
Adopt resolution.

Funding Source
N/A
Packet Page 3 of 356

Agenda Item No: 4.

AGENDA REPORT
DATE:December 20, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022337 of the City Council of the City of Fairfield Declaring the Results of Votes Cast and Candidates Elected at the November 8, 2022, General Municipal Election
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
This resolution declares results of votes cast for the Mayor and City Council candidates by districts at the November 8, 2022 General Municipal Election.

DISCUSSION
The City conducts a General Municipal Election in even years to elect City officials. The Solano County Registrar of Voters administers the election on behalf of the City. This year’s election was held on November 8, 2022. The seats open for election were for three councilmembers (Districts 1, 3, and 5) and one Mayor.

There are 63,180 registered voters in the City of Fairfield, and 29,874 (47.3%) voted in the 2022 General Municipal Election. Based on the Certified Statement of Election Results by the Solano County Registrar of Voters, K. Patrice Williams for District 1, Doug Carr for District 3, and Doriss L. Panduro for District 5 were duly elected; and Catherine “Cat” Moy was duly elected as Mayor.

FINANCIAL IMPACT
The City reimburses the County in full for the services performed. The City has not yet been invoiced for its share of the election costs. The estimated cost for the election is $149,370 (the estimate is based on $5.00 x 29,874 votes cast), to be paid from the General Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Packet Page 5 of 356

Agenda Item No: 4.AGENDA REPORTDATE:December 20, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022337 of the City Council of the City of Fairfield Declaring the Results ofVotes Cast and Candidates Elected at the November 8, 2022, General MunicipalElectionRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThis resolution declares results of votes cast for the Mayor and City Council candidates by districts atthe November 8, 2022 General Municipal Election.DISCUSSIONThe City conducts a General Municipal Election in even years to elect City officials. The Solano CountyRegistrar of Voters administers the election on behalf of the City. This year’s election was held onNovember 8, 2022. The seats open for election were for three councilmembers (Districts 1, 3, and 5)and one Mayor.There are 63,180 registered voters in the City of Fairfield, and 29,874 (47.3%) voted in the 2022General Municipal Election. Based on the Certified Statement of Election Results by the Solano CountyRegistrar of Voters, K. Patrice Williams for District 1, Doug Carr for District 3, and Doriss L. Pandurofor District 5 were duly elected; and Catherine “Cat” Moy was duly elected as Mayor.FINANCIAL IMPACTThe City reimburses the County in full for the services performed. The City has not yet been invoiced forits share of the election costs. The estimated cost for the election is $149,370 (the estimate is basedon $5.00 x 29,874 votes cast), to be paid from the General Fund.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
N/A
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's OfficeSolano County Registrar of Voters ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Official District Election Results
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 12/9/2022 2:26 PM
Packet Page 6 of 356

CITY OF FAIRFIELD

RESOLUTION NO. 2022-337

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF VOTES CAST AND CANDIDATES ELECTED AT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL

ELECTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRFIELD:

1. The Fairfield Municipal Election of November 8, 2022, was regularly conducted and held.

2. The total votes cast at said Fairfield Municipal Election was 29,874.

3. The persons voted for, the office each person voted for, and the total number of votes as of November 30, 2022, for each person was
Mayor (4-Year Term) Votes
Catherine “Cat” Moy 12,055
Harry T. Price 11,202
Chauncey Banks 4,713

Councilmember District 1 (4-Year Term) Votes
K. Patrice Williams 2,121
Nora Dizon 2,109
George Kennedy 1,641

Councilmember District 3 (4-Year Term) Votes
Doug Carr 3,032
David Verza 2,084

Councilmember District 5 (4-Year Term) Votes
Doriss L. Panduro 1,599
Scott Mulvey 729
Jeremy Ferrell 257

4. A copy of the Certified Statement of Election Results from the Solano County Registrar of Voters containing the number of votes given at each precinct to each person is set forth in Exhibit A to this resolution, which is hereby incorporated by reference as though fully set forth herein.

5. Pursuant to Elections Code Sections 10262, 10263, and 10264, Catherine “Cat” Moy is declared elected Mayor for a four-year term ending in November 2026. K. Patrice Packet Page 7 of 356Attachment 1 Page 1 of 2

RES. NO. 2022-337

Page 2 ends

Williams is declared elected City Councilmember for District 1, Doug Carr is declared elected City Councilmember for District 3, and Doriss Panduro is declared elected City Councilmember for District 5 for a four-year term ending in November 2026.

PASSED AND ADOPTED this 20th day of December, 2022, by the following vote:

AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 8 of 356Attachment 1 Page 2 of 2

I CERTIFICATION OF

COUNTY CLERK/REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE NOVEMBER 8, 2022, GENERAL ELECTION

STATE OF CALIFORNIA
} , COUNTY OF So la n o ,. ----------;.+-,, ------1
I I
ss.

Tim p. Fla na ga n I,-----------� County Clerk/Registrar of Voters of County of So l a no , do herepy certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 8, 2022, for m�asures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, and correct.

I
I hereby set my hand and official seal this 30th day of November , 2022, at the County of-=S=o"""la=n�o"----------
/ :?.� 7-� · /'county Clerk/Registrar of Voters
I '
County of_S_o_la_n_o ________ ----'---
11 State of California
,I
Canvass Certification of Elections Official
(11/2022)
Packet Page 9 of 356Attachment 2 Page 1 of 21

Cumulative Totals
Precinct RegistrationBallots CastTurnout (%)CHAUNCEY BANKSHARRY T. PRICECATHERINE "CAT" MOY23005 2,401 1,308 54.5 165 516 520 23016 2,578 1,322 51.3 191 493 522
23020 2,013 975 48.4 127 383 403
23047 2,423 1,111 45.9 169 453 417
23050 965 434 45.0 70 184 151
23090 2,237 892 39.9 159 303 377
33015 2,809 1,713 61.0 215 593 825
33040 3,337 1,788 53.6 275 621 792
33042 838 502 59.9 59 217 191
33043 867 564 65.1 56 270 209
33045 1,838 1,233 67.1 129 574 457
33060 1,795 998 55.6 138 390 402
33070 2,836 992 35.0 178 292 462
33075 1,718 656 38.2 141 198 257
33115 1,651 873 52.9 99 334 374
33135 1,439 800 55.6 88 333 314
33167 133 36 27.1 6 10 16
33175 1,044 390 37.4 75 121 160
33190 1,509 501 33.2 95 160 207
33195 1,216 436 35.9 89 146 172
33210 1,223 390 31.9 78 134 160
33215 2,212 866 39.2 187 307 336
33225 429 147 34.3 30 59 44
33235 860 390 45.3 88 122 161
33245 2,283 975 42.7 193 363 382
33270 1,503 513 34.1 96 188 212
53005 3,138 1,402 44.7 237 496 561
53007 1,373 591 43.0 111 206 239
53011 448 89 19.9 14 31 32
53035 2,664 1,209 45.4 217 434 493
53057 2,866 1,497 52.2 245 579 574
53080 2,555 1,247 48.8 207 510 472
53100 2,486 1,080 43.4 200 361 461
53115 1,543 759 49.2 137 280 294
53140 1,832 1,173 64.0 146 534 396
99022 30 0 0.0 0 0 0
99062 24 7 29.2 0 3 4
99090 10 5 50.0 2 0 3
99097 36 6 16.7 1 1 3
99098 7 4 57.1 0 3 0
99925 5 0 0.0 0 0 0
99989 6 0 0.0 0 0 0
Vote By Mail Totals 63,180 25,642 40.6 3,918 9,838 10,311 Election Day Totals 63,180 3,925 6.2 741 1,295 1,623
Provisional Totals 63,180 307 0.5 54 69 121
Grand Totals 63,180 29,874 47.3 4,713 11,202 12,055
11/30/2022 10:26 AM Page 146Official District Results - Fairfield - November 08, 2022

CITY OF FAIRFIELD - MAYOR
Packet Page 10 of 356Attachment 2 Page 2 of 21

Vote By Mail
Totals
District RegistrationBallots CastTurnout (%)CHAUNCEY BANKSHARRY T. PRICECATHERINE "CAT" MOYSOLANO COUNTY,

CALIFORNIA
63,180 25,642 40.6 3,918 9,838 10,311
CITY OF FAIRFIELD 63,180 25,642 40.6 3,918 9,838 10,311 CITY OF FAIRFIELD DIST 1 12,535 5,528 44.1 706 2,204 2,211 CITY OF FAIRFIELD DIST 2 8,358 2,665 31.9 468 919 1,105 CITY OF FAIRFIELD DIST 3 11,350 4,925 43.4 732 1,780 2,141 CITY OF FAIRFIELD DIST 4 13,274 6,440 48.5 878 2,734 2,425 CITY OF FAIRFIELD DIST 5 7,736 2,408 31.1 484 843 970
CITY OF FAIRFIELD DIST 6 9,927 3,676 37.0 650 1,358 1,459 Vote By Mail Totals 63,180 25,642 40.6 3,918 9,838 10,311 11/30/2022 10:26 AM Page 147Official District Results - Fairfield - November 08, 2022

CITY OF FAIRFIELD - MAYOR
Packet Page 11 of 356Attachment 2 Page 3 of 21

Election Day
Totals
District RegistrationBallots CastTurnout (%)CHAUNCEY BANKSHARRY T. PRICECATHERINE "CAT" MOYSOLANO COUNTY,

CALIFORNIA
63,180 3,925 6.2 741 1295 1623
CITY OF FAIRFIELD 63,180 3,925 6.2 741 1295 1623
CITY OF FAIRFIELD DIST 1 12,535 806 6.4 127 288 324
CITY OF FAIRFIELD DIST 2 8,358 439 5.3 95 122 197
CITY OF FAIRFIELD DIST 3 11,350 866 7.6 153 262 401
CITY OF FAIRFIELD DIST 4 13,274 921 6.9 170 342 344
CITY OF FAIRFIELD DIST 5 7,736 354 4.6 81 120 133
CITY OF FAIRFIELD DIST 6 9,927 539 5.4 115 161 224
Election Day Totals 63,180 3,925 6.2 741 1,295 1,623
11/30/2022 10:26 AM Page 148Official District Results - Fairfield - November 08, 2022

CITY OF FAIRFIELD - MAYOR
Packet Page 12 of 356Attachment 2 Page 4 of 21

Provisional Totals
District RegistrationBallots CastTurnout (%)CHAUNCEY BANKSHARRY T. PRICECATHERINE "CAT" MOYSOLANO COUNTY,

CALIFORNIA
63,180 307 0.5 54 69 121
CITY OF FAIRFIELD 63,180 307 0.5 54 69 121
CITY OF FAIRFIELD DIST 1 12,535 55 0.4 6 20 15
CITY OF FAIRFIELD DIST 2 8,358 53 0.6 9 9 27
CITY OF FAIRFIELD DIST 3 11,350 46 0.4 8 11 18
CITY OF FAIRFIELD DIST 4 13,274 52 0.4 13 11 17
CITY OF FAIRFIELD DIST 5 7,736 45 0.6 9 7 17
CITY OF FAIRFIELD DIST 6 9,927 56 0.6 9 11 27
Provisional Totals 63,180 307 0.5 54 69 121
11/30/2022 10:26 AM Page 149Official District Results - Fairfield - November 08, 2022

CITY OF FAIRFIELD - MAYOR
Packet Page 13 of 356Attachment 2 Page 5 of 21

Grand Totals
District RegistrationBallots CastTurnout (%)CHAUNCEY BANKSHARRY T. PRICECATHERINE "CAT" MOYSOLANO COUNTY,

CALIFORNIA
63,180 29,874 47.3 4713 11202 12055
CITY OF FAIRFIELD 63,180 29,874 47.3 4713 11202 12055
CITY OF FAIRFIELD DIST 1 12,535 6,389 51.0 839 2512 2550 CITY OF FAIRFIELD DIST 2 8,358 3,157 37.8 572 1050 1329 CITY OF FAIRFIELD DIST 3 11,350 5,837 51.4 893 2053 2560 CITY OF FAIRFIELD DIST 4 13,274 7,413 55.8 1061 3087 2786 CITY OF FAIRFIELD DIST 5 7,736 2,807 36.3 574 970 1120
CITY OF FAIRFIELD DIST 6 9,927 4,271 43.0 774 1530 1710 Vote By Mail Totals 63,180 25,642 40.6 3,918 9,838 10,311 Election Day Totals 63,180 3,925 6.2 741 1,295 1,623
Provisional Totals 63,180 307 0.5 54 69 121
Grand Totals 63,180 29,874 47.3 4,713 11,202 12,055
11/30/2022 10:26 AM Page 150Official District Results - Fairfield - November 08, 2022

CITY OF FAIRFIELD - MAYOR
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Cumulative Totals
Precinct RegistrationBallots CastTurnout (%)NORA DIZONK. PATRICE WILLIAMSGEORGE KENNEDY23005 2,401 1,308 54.5 411 446 337 23016 2,578 1,322 51.3 471 436 304
23020 2,013 975 48.4 299 333 276
23047 2,423 1,111 45.9 416 341 285
33115 1,651 873 52.9 296 293 215
33135 1,439 800 55.6 216 272 224
99022 30 0 0.0 0 0 0
Vote By Mail Totals 12,535 5,528 44.1 1,866 1,823 1,407 Election Day Totals 12,535 806 6.4 236 275 224
Provisional Totals 12,535 55 0.4 7 23 10
Grand Totals 12,535 6,389 51.0 2,109 2,121 1,641
11/30/2022 10:26 AM Page 151Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 1
Packet Page 15 of 356Attachment 2 Page 7 of 21

Vote By Mail
Totals
District RegistrationBallots CastTurnout (%)NORA DIZONK. PATRICE WILLIAMSGEORGE KENNEDYSOLANO COUNTY,

CALIFORNIA
12,535 5,528 44.1 1,866 1,823 1,407
CITY OF FAIRFIELD 12,535 5,528 44.1 1,866 1,823 1,407
CITY OF FAIRFIELD DIST 1 12,535 5,528 44.1 1,866 1,823 1,407 Vote By Mail Totals 12,535 5,528 44.1 1,866 1,823 1,407 11/30/2022 10:26 AM Page 152Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 1
Packet Page 16 of 356Attachment 2 Page 8 of 21

Election Day
Totals
District RegistrationBallots CastTurnout (%)NORA DIZONK. PATRICE WILLIAMSGEORGE KENNEDYSOLANO COUNTY,

CALIFORNIA
12,535 806 6.4 236 275 224
CITY OF FAIRFIELD 12,535 806 6.4 236 275 224
CITY OF FAIRFIELD DIST 1 12,535 806 6.4 236 275 224
Election Day Totals 12,535 806 6.4 236 275 224
11/30/2022 10:26 AM Page 153Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 1
Packet Page 17 of 356Attachment 2 Page 9 of 21

Provisional Totals
District RegistrationBallots CastTurnout (%)NORA DIZONK. PATRICE WILLIAMSGEORGE KENNEDYSOLANO COUNTY,

CALIFORNIA
12,535 55 0.4 7 23 10
CITY OF FAIRFIELD 12,535 55 0.4 7 23 10
CITY OF FAIRFIELD DIST 1 12,535 55 0.4 7 23 10
Provisional Totals 12,535 55 0.4 7 23 10
11/30/2022 10:26 AM Page 154Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 1
Packet Page 18 of 356Attachment 2 Page 10 of 21

Grand Totals
District RegistrationBallots CastTurnout (%)NORA DIZONK. PATRICE WILLIAMSGEORGE KENNEDYSOLANO COUNTY,

CALIFORNIA
12,535 6,389 51.0 2109 2121 1641
CITY OF FAIRFIELD 12,535 6,389 51.0 2109 2121 1641
CITY OF FAIRFIELD DIST 1 12,535 6,389 51.0 2109 2121 1641 Vote By Mail Totals 12,535 5,528 44.1 1,866 1,823 1,407 Election Day Totals 12,535 806 6.4 236 275 224
Provisional Totals 12,535 55 0.4 7 23 10
Grand Totals 12,535 6,389 51.0 2,109 2,121 1,641
11/30/2022 10:26 AM Page 155Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 1
Packet Page 19 of 356Attachment 2 Page 11 of 21

Cumulative Totals
Precinct RegistrationBallots CastTurnout (%)DAVID VERZADOUG CARR33015 2,809 1,713 61.0 668 842 33040 3,337 1,788 53.6 625 952
33043 867 564 65.1 209 277
33075 1,718 656 38.2 195 342
33167 133 36 27.1 10 20
53100 2,486 1,080 43.4 377 599
Vote By Mail Totals 11,350 4,925 43.4 1,702 2,639
Election Day Totals 11,350 866 7.6 371 377
Provisional Totals 11,350 46 0.4 11 16
Grand Totals 11,350 5,837 51.4 2,084 3,032
11/30/2022 10:26 AM Page 156Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 3
Packet Page 20 of 356Attachment 2 Page 12 of 21

Vote By Mail
Totals
District RegistrationBallots CastTurnout (%)DAVID VERZADOUG CARRSOLANO COUNTY,

CALIFORNIA
11,350 4,925 43.4 1,702 2,639
CITY OF FAIRFIELD 11,350 4,925 43.4 1,702 2,639
CITY OF FAIRFIELD DIST 3 11,350 4,925 43.4 1,702 2,639
Vote By Mail Totals 11,350 4,925 43.4 1,702 2,639
11/30/2022 10:26 AM Page 157Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 3
Packet Page 21 of 356Attachment 2 Page 13 of 21

Election Day
Totals
District RegistrationBallots CastTurnout (%)DAVID VERZADOUG CARRSOLANO COUNTY,

CALIFORNIA
11,350 866 7.6 371 377
CITY OF FAIRFIELD 11,350 866 7.6 371 377
CITY OF FAIRFIELD DIST 3 11,350 866 7.6 371 377
Election Day Totals 11,350 866 7.6 371 377
11/30/2022 10:26 AM Page 158Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 3
Packet Page 22 of 356Attachment 2 Page 14 of 21

Provisional Totals
District RegistrationBallots CastTurnout (%)DAVID VERZADOUG CARRSOLANO COUNTY,

CALIFORNIA
11,350 46 0.4 11 16
CITY OF FAIRFIELD 11,350 46 0.4 11 16
CITY OF FAIRFIELD DIST 3 11,350 46 0.4 11 16
Provisional Totals 11,350 46 0.4 11 16
11/30/2022 10:26 AM Page 159Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 3
Packet Page 23 of 356Attachment 2 Page 15 of 21

Grand Totals
District RegistrationBallots CastTurnout (%)DAVID VERZADOUG CARRSOLANO COUNTY,

CALIFORNIA
11,350 5,837 51.4 2084 3032
CITY OF FAIRFIELD 11,350 5,837 51.4 2084 3032
CITY OF FAIRFIELD DIST 3 11,350 5,837 51.4 2084 3032
Vote By Mail Totals 11,350 4,925 43.4 1,702 2,639
Election Day Totals 11,350 866 7.6 371 377
Provisional Totals 11,350 46 0.4 11 16
Grand Totals 11,350 5,837 51.4 2,084 3,032
11/30/2022 10:26 AM Page 160Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 3
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Cumulative Totals
Precinct RegistrationBallots CastTurnout (%)DORISS L. PANDUROSCOTT MULVEYJEREMY FERRELL33190 1,509 501 33.2 266 132 52 33210 1,223 390 31.9 218 101 34
33215 2,212 866 39.2 481 244 84
33225 429 147 34.3 77 40 11
33235 860 390 45.3 246 90 28
33270 1,503 513 34.1 311 122 48
Vote By Mail Totals 7,736 2,408 31.1 1,447 572 213
Election Day Totals 7,736 354 4.6 133 147 43
Provisional Totals 7,736 45 0.6 19 10 1
Grand Totals 7,736 2,807 36.3 1,599 729 257
11/30/2022 10:26 AM Page 161Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 5
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Vote By Mail
Totals
District RegistrationBallots CastTurnout (%)DORISS L. PANDUROSCOTT MULVEYJEREMY FERRELLSOLANO COUNTY,

CALIFORNIA
7,736 2,408 31.1 1,447 572 213
CITY OF FAIRFIELD 7,736 2,408 31.1 1,447 572 213
CITY OF FAIRFIELD DIST 5 7,736 2,408 31.1 1,447 572 213 Vote By Mail Totals 7,736 2,408 31.1 1,447 572 213
11/30/2022 10:26 AM Page 162Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 5
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Election Day
Totals
District RegistrationBallots CastTurnout (%)DORISS L. PANDUROSCOTT MULVEYJEREMY FERRELLSOLANO COUNTY,

CALIFORNIA
7,736 354 4.6 133 147 43
CITY OF FAIRFIELD 7,736 354 4.6 133 147 43
CITY OF FAIRFIELD DIST 5 7,736 354 4.6 133 147 43
Election Day Totals 7,736 354 4.6 133 147 43
11/30/2022 10:26 AM Page 163Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 5
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Provisional Totals
District RegistrationBallots CastTurnout (%)DORISS L. PANDUROSCOTT MULVEYJEREMY FERRELLSOLANO COUNTY,

CALIFORNIA
7,736 45 0.6 19 10 1
CITY OF FAIRFIELD 7,736 45 0.6 19 10 1
CITY OF FAIRFIELD DIST 5 7,736 45 0.6 19 10 1
Provisional Totals 7,736 45 0.6 19 10 1
11/30/2022 10:26 AM Page 164Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 5
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Grand Totals
District RegistrationBallots CastTurnout (%)DORISS L. PANDUROSCOTT MULVEYJEREMY FERRELLSOLANO COUNTY,

CALIFORNIA
7,736 2,807 36.3 1599 729 257
CITY OF FAIRFIELD 7,736 2,807 36.3 1599 729 257
CITY OF FAIRFIELD DIST 5 7,736 2,807 36.3 1599 729 257
Vote By Mail Totals 7,736 2,408 31.1 1,447 572 213
Election Day Totals 7,736 354 4.6 133 147 43
Provisional Totals 7,736 45 0.6 19 10 1
Grand Totals 7,736 2,807 36.3 1,599 729 257
11/30/2022 10:26 AM Page 165Official District Results - Fairfield - November 08, 2022 CITY OF FAIRFIELD - COUNCILMEMBER DISTRICT 5
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Agenda Item No: 5.

AGENDA REPORT
DATE:December 20, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022338 of the City Council of the City of Fairfield Approving the City Manager Employment Agreement Between the City of Fairfield and David Gassaway and Amending the Salary Schedule
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On December 6, 2022, the City Council directed the City Attorney’s Office to negotiate a contract with Interim City Manager David Gassaway for the position of city manager. The City Attorney’s Office has drafted an employment agreement incorporating the terms indicated by the council and has negotiated with Mr. Gassaway. The agreement is presented for the council for consideration.

DISCUSSION
On January 18, 2022, the council hired Mr. Gassaway as the Interim City Manager for a period of six months. On June 21, 2022, the council extended the contract of Mr. Gassaway for an additional six months, effective July 1, 2022.

On December 6, 2021, the council directed the City Attorney’s Office to negotiate a formal employment agreement with Mr. Gassaway to drop the “interim” tag and hire him as city manager.

The negotiations with Mr. Gassaway have resulted in a contract hiring Mr. Gassaway for a period of five years, beginning on December 30, 2022. The negotiations with Mr. Gassaway resulted in an agreement consistent with the directions of the council.

The accompanying resolution and employment agreement will appoint David Gassaway as the City Manager beginning on December 30, 2022.

The employment agreement contains the following terms:
• Mr. Gassaway will assume the duties of city manager effective December 30, 2022. Since he is already the interim city manager, there will be no disruption to city manager services.

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Agenda Item No: 5.AGENDA REPORTDATE:December 20, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022338 of the City Council of the City of Fairfield Approving the CityManager Employment Agreement Between the City of Fairfield and David Gassawayand Amending the Salary ScheduleRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn December 6, 2022, the City Council directed the City Attorney’s Office to negotiate a contract withInterim City Manager David Gassaway for the position of city manager. The City Attorney’s Office hasdrafted an employment agreement incorporating the terms indicated by the council and has negotiatedwith Mr. Gassaway. The agreement is presented for the council for consideration.DISCUSSIONOn January 18, 2022, the council hired Mr. Gassaway as the Interim City Manager for a period of sixmonths. On June 21, 2022, the council extended the contract of Mr. Gassaway for an additional sixmonths, effective July 1, 2022. On December 6, 2021, the council directed the City Attorney’s Office to negotiate a formal employmentagreement with Mr. Gassaway to drop the “interim” tag and hire him as city manager. The negotiations with Mr. Gassaway have resulted in a contract hiring Mr. Gassaway for a period of fiveyears, beginning on December 30, 2022. The negotiations with Mr. Gassaway resulted in an agreementconsistent with the directions of the council.The accompanying resolution and employment agreement will appoint David Gassaway as the CityManager beginning on December 30, 2022.The employment agreement contains the following terms:
• Mr. Gassaway will assume the duties of city manager effective December 30, 2022. Since he is already the interim city manager, there will be no disruption to city manager services. • The term of Mr. Gassaway’s employment as city manager will run until December 30, 2027, but may be extended in one year increments automatically on June 30, 2027, and each subsequent June 30th. • At any time the council may terminate this agreement with the affirmative vote of a majority of council members.
• The salary for Mr. Gassaway as Interim City Manager shall be $285,000. This amount represents the base salary of $270,504 approved by the council on January 18, 2022, plus a 5% cost of living increase approved by the council for executive staff on June 21, 2022, in Resolution 2022120.

FINANCIAL IMPACT
The city manager position is funded from the General Fund. The salary paid to Mr. Gassaway is the same salary paid to the previous city manager with a 5% cost of living increase approved in the latest budget cycle. Thus, the city manager position has not seen a salary increase for the past three years.

Additionally, because Mr. Gassaway’s salary as assistant city manager will not be filled immediately, the City will see a shortterm gain in financial impact until the assistant city manager position is filled.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Because this is a personnel matter, negotiations with Mr. Gassaway were confidential, but his final employment contract is public.

ALTERNATIVE ACTION
If the council chooses not to adopt the resolution and employment agreement for Mr. Gassaway, it could:
1) Continue to negotiate alternative terms with Mr. Gassaway; 2) Let the current contract with Mr. Gassaway as Interim City Manager expire, and return him to his role as Assistant City Manager; or 3) Choose to recruit another person as interim or permanent city manager by starting a new recruitment effort.

STAFF CONTACT
David Lim, City Attorney
(415) 4218484
[email protected]
COORDINATED WITH
City Attorney's Office, Human Resources Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 12/14/2022 5:08 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-338

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE CITY

MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND DAVID

GASSAWAY AND AMENDING THE SALARY SCHEDULE

WHEREAS, the City Council desires to appoint David Gassaway as city manager; and

WHEREAS, David Gassaway desires to accept the appointment as city manager; and

WHEREAS, the City and David Gassaway desire to enter into an employment agreement that sets forth the rights and obligations of the parties.

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

Section 1. The City Council hereby appoints David Gassaway as city manager, effective December 30, 2022.

Section 2. The council approves the City Manager Employment Agreement between the City of Fairfield and David Gassaway attached to and incorporated into this resolution by reference and amends the salary schedule with the approved salary for the city manager of $285,000.

Section 3. The city attorney and the human resources director are authorized to do all things necessary to implement this contract.

PASSED AND ADOPTED this 20th day of December, 2022, by the following vote:

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

NOES: COUNCILMEMBERS: ________________________________________________

ABSENT: COUNCILMEMBERS: ________________________________________________

ABSTAIN: COUNCILMEMBERS: ________________________________________________

________________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 6.

AGENDA REPORT
DATE:December 20, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022339 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Government Code 54953(e) is new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. The code requires that the City Council reconsider and reauthorize these provisions every 30 days following initial authorization.

DISCUSSION
On October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies:

1. State or local officials have imposed or recommended measures to promote social distancing; or

2. The agency has already determined whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of the attendee.

Council has utilized teleconferencing options throughout the pandemic, including remote appearances by Councilmembers and public comments from citizens via Zoom, email, or teleconference.

AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or
Packet Page 48 of 356

Agenda Item No: 6.AGENDA REPORTDATE:December 20, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022339 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in personwould present imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 daysfollowing the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or

2. State or local officials continue to impose or recommend measures to promote social distancing.

FINANCIAL IMPACT
There is little to no fiscal impact by this action. City staff is already utilizing many of the procedures for teleconferencing in recent council meetings and other meetings of the legislative bodies.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council may choose not to reauthorize these procedures, in which case they would no longer be able to teleconference into council meetings without meeting the notice requirements for teleconferencing that existed before the State of Emergency. Public comment via remote access would also be curtailed at council meetings.

STAFF CONTACT
Karen Rees, City Clerk
(707) 4287767
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 12/6/2022 8:20 AM
Packet Page 49 of 356

CITY OF FAIRFIELD

RESOLUTION NO. 2022-339

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RECONSIDERING AND

AUTHORIZING PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(E) AND MAKING FINDINGS AND DETERMINATIONS

REGARDING THE SAME

WHEREAS, the Fairfield City Council (the City Council) is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19; and

WHEREAS, all meetings of the City Council are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council conduct its business; and

WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on September 16, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees ; and

WHEREAS, pursuant to Government Code Section 54953(e)(3), the City Council must reconsider the circumstances of the state of emergency and make specific finding every 30 d ays after enacting the provisions of Government Code Section 54953(e) by making the following findings:

1. The City Council has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exists:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
Packet Page 50 of 356Attachment 1 Page 1 of 3

RES. NO. 2022-339

Page 2 ends

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic (the Emergency); and

WHEREAS, the Centers for Disease Control and Prevention (CDC) continue to advise that COVID- 19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time; and

WHEREAS, the California Department of Public Health (CDPH) and the CDC caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and

WHEREAS, the CDC has established a “Community Transmission” metric with 4 tiers designed to reflect a community’s COVID-19 case rate and percent positivity; and

WHEREAS, Solano County currently has a Community Transmission metric of “high” which is the most serious of the tiers; and

WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council intends to hold public meetings via teleconferencing pursuant to Government Code Section 54953(e); and

WHEREAS, on October 5, 2021, the City Council adopted the provisions of Government Code Section 54953(e) for the first time by resolution and majority vote.

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

Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.

Section 2. The City Council hereby determines that, as a result of the Emergency, meeting in person presents imminent risks to the health or safety of attendees.

Section 3. The City Council shall conduct its meetings pursuant to Government Code section 54953(e) and authorizes its boards and commissions to do likewise.

Section 4. The City Council has reconsidered the circumstances of the state of emergency.

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RES. NO. 2022-339

Page 3 ends

Section 5. The state of emergency continues to directly impact the ability of the City Council members to meet safely in person.

Section 6. State or local officials continue to impose or recommend measures to promote social distancing.

Section 7. Staff is hereby authorized and directed to continue to take all actions necessary to carry out the intent and purpose of this resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisi ons of the Brown Act.

Section 8. This resolution shall take effect immediately upon its adoption and must be reconsidered within 30 days to stay in effect.

PASSED AND ADOPTED this 20th day of December, 2022, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 7.

AGENDA REPORT
DATE:December 20, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022340 of the City Council of the City of Fairfield Approving the Communications Facility Ground Lease Agreement Between the City of Fairfield and DISH Wireless LLC for a New Cellular Equipment Shelter Located off of Poppy Hills Court, Fairfield, more Commonly Known as APN 0167100160 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield and DISH Wireless LLC, (DISH) would like to enter into the proposed Communications Facility Ground Lease Agreement (Agreement) allowing DISH to build and maintain a cellular equipment shelter off of Poppy Hills Court more commonly known as APN 0167100160 (Property).

DISCUSSION
DISH submitted a request to the City to lease space on the Property for the purpose of building and maintaining a new cellular equipment shelter. The shelter will house all of DISH’s equipment to support the antennas and radios being installed on the existing ATC Sequoia LLC (American Tower) monopine located on the Property. DISH must present written approval from American Tower before the City will execute the Agreement.

DISH is requesting a fiveyear lease with three options to extend for an additional five years each. DISH agrees to obtain all governmental and local approvals prior to commencing construction of the cellular equipment shelter. DISH will be responsible for all costs associated with the building and maintenance of the cellular equipment shelter, including but not limited to any utility costs for the term of the Agreement.

DISH will pay the City a monthly rent in the amount of $1,462.00 beginning on the Commencement Date as defined in the Agreement (Commencement Date). The monthly rent will increase by 3% each year.

DISH will also make a onetime payment of $5,000 to the City within 30 days of the Commencement Date.

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Agenda Item No: 7.AGENDA REPORTDATE:December 20, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022340 of the City Council of the City of Fairfield Approving theCommunications Facility Ground Lease Agreement Between the City of Fairfield andDISH Wireless LLC for a New Cellular Equipment Shelter Located off of Poppy HillsCourt, Fairfield, more Commonly Known as APN 0167100160RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield and DISH Wireless LLC, (DISH) would like to enter into the proposedCommunications Facility Ground Lease Agreement (Agreement) allowing DISH to build and maintain acellular equipment shelter off of Poppy Hills Court more commonly known as APN 0167100160(Property).DISCUSSIONDISH submitted a request to the City to lease space on the Property for the purpose of building andmaintaining a new cellular equipment shelter. The shelter will house all of DISH’s equipment to supportthe antennas and radios being installed on the existing ATC Sequoia LLC (American Tower) monopinelocated on the Property. DISH must present written approval from American Tower before the City willexecute the Agreement. DISH is requesting a fiveyear lease with three options to extend for an additional five years each. DISHagrees to obtain all governmental and local approvals prior to commencing construction of the cellularequipment shelter. DISH will be responsible for all costs associated with the building and maintenanceof the cellular equipment shelter, including but not limited to any utility costs for the term of theAgreement.DISH will pay the City a monthly rent in the amount of $1,462.00 beginning on the Commencement Dateas defined in the Agreement (Commencement Date). The monthly rent will increase by 3% each year.

DISH will also make a onetime payment of $5,000 to the City within 30 days of the Commencement Date.

The City and DISH both wish to execute the Agreement.

FINANCIAL IMPACT
DISH will pay the City a monthly rent in the amount of $1,462, starting on the Commencement Date and increasing by 3% each anniversary of the Commencement Date for a period of five years. DISH will also make a onetime payment of $5,000 to the City within 30 days of the Commencement Date. The rent and deposit collected will be deposited into the General Fund (Fund 011, Organization Code 99000 and Project 6505).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the transaction and terminate the Agreement with the parties.

STAFF CONTACT
Dwayne Dalman, Economic Development Manager
(707) 4287649
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Communication Facility Ground Lease Agreement Attachment 3: Memorandum of Communications Facility Ground Lease Agreement REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 12/6/2022 6:27 PM
Feinstein, David Approved 12/5/2022 7:40 PM
Beavers, Esther Approved 12/7/2022 12:17 PM
Beavers, Esther Approved 12/7/2022 12:18 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-340

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE

COMMUNICATIONS FACILITY GROUND LEASE AGREEMENT BETWEEN THE CITY OF FAIRFIELD

AND DISH WIRELESS LLC FOR A NEW CELLULAR EQUIPMENT SHELTER LOCATED OFF OF POPPY HILLS COURT, FAIRFIELD, MORE COMMONLY KNOWN AS APN 0167-100-160

WHEREAS, the City of Fairfield is the owner of the property located off of Poppy Hills Court, Fairfield, APN 0167-100-160 (Property); and

WHEREAS, DISH Wireless LLC (DISH) is requesting to lease a portion of the Property for the purpose of building and maintaining a cellular equipment shelter; and

WHEREAS, DISH Wireless LLC (DISH) will obtain prior approval from ATC Sequoia LLC (American Tower) to install antennas and radios on American Tower’s existing mono-pine located on the Property; and

WHEREAS, DISH is requesting a five-year lease with three options to extend for an additional five years each; and

WHEREAS, DISH agrees to pay the City a monthly rent in the amount of $1,462 with an annual 3% increase; and

WHEREAS, DISH agrees to pay a one-time payment of $5,000 to the City upon the Commencement Date of the Agreement; and

WHEREAS, the City and DISH wish to enter into the Communications Facility Ground Lease Agreement (Agreement), as attached hereto.

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

Section 1. The City Council hereby approves the Agreement, as attached hereto, with such non-substantive changes as may be approved by the city manager.

Section 2. The city manager is hereby authorized to execute the Agreement and all documents required or contemplated by the Agreement on behalf of the City and to give all consents and approvals contemplated thereby on behalf of the City.

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RES. NO. 2022-340

Page 2 ends

PASSED AND ADOPTED this 20th day of December, 2022, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Site ID: SFSFO00374C 1

COMMUNICATIONS FACILITY GROUND LEASE AGREEMENT
(POPPY HILLS COURT, FAIRFIELD)
This Communications Facility Ground Lease Agreement (“Lease”), dated as of the latter signature date below (“Effective Date”), is made and entered into by and between the CITY OF FAIRFIELD, a municipal corporation (hereinafter referred to as “LANDLORD”), and DISH WIRELESS L.L.C., a Colorado limited liability company (hereinafter referred to as “TENANT”).

1. Premises. LANDLORD is the owner of that certain parcel of real property in the City of Fairfield, Solano County located off of Poppy Hills Court identified as Assessor’s Parcel No. 0167-100- 160 and more particularly described on Exhibit “A” attached hereto (the “Property”). LANDLORD hereby agrees to lease to TENANT and TENANT agrees to lease from LANDLORD, that portion of the Property consisting of an approximate eight foot (8’) by eight and one-half foot (8.5’) parcel containing approximately sixty-eight and one-half (68.5) square feet for an equipment enclosure and other related equipment (the “Land Space”) as depicted on Exhibit “B” attached hereto and made a part hereof. In addition, TENANT, and its employees, contractors, agents and representatives, shall also have a non-exclusive right (the “Rights-of-Way”) for ingress and egress, seven (7) days a week, twenty four (24) hours a day, on foot or motor vehicle, including trucks over or along a right-of-way extending from the designated public right-of-way to the Land Space and for the installation and maintenance of lines, wires, circuits, cables, conduits, and pipes and associated equipment, improvements, fixtures and appurtenances for utility and similar services over, under, or along the nearest public right of way to the Premises (together with any additional easements or rights of way described herein below).

The Land Space and the Rights of Way are initially described in Exhibit “B” and are collectively referred to as the “Premises”. “TENANT’s Communications Facility” means TENANT’s communications fixtures and related equipment, cables, accessories and improvements, which may include equipment shelters or cabinets and fencing, as well as any lines, wires, cables, circuits, conduits, and associated equipment, improvements, fixtures and appurtenances for any utility or similar services, together with any other items, fixtures, improvements, and equipment that TENANT, in its sole and absolute discretion, deems beneficial and/or necessary to TENANT’s use of the Premises.

2. Term. The initial term of this Lease shall be for five (5) years, subject to three (3) automatic and successive five (5) year extensions, as provided below, commencing upon: (i) the first (1st) day of the month following execution of this Lease, or (ii) the first (1st) day of the month following the date on which TENANT receives approval of its City of Fairfield building permit for its facilities upon the Premises (as applicable, the “Commencement Date”), whichever occurs later. TENANT shall submit for a building permit for its facilities upon the Premises no later than ninety (90) days following execution of this Lease.

In the event that TENANT shall not be in default in the performance of any term or condition under this Lease, then this Lease shall automatically be extended for three (3) additional five (5) year terms unless TENANT terminates it at the end of the then current five (5) year term by giving LANDLORD written notice of the intent to terminate at least six (6) months prior to the end of the then-current five (5) year term. During any such renewal period, all of the terms and conditions of this Lease shall remain in full force and effect; provided, however, that the rent for the Premises shall be increased in accordance with the provisions set forth in Paragraph 5, below. After the end of the third extension PL
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(if so extended), this Lease will automatically terminate unless both LANDLORD and TENANT have agreed upon new terms and enter into a new lease.

3. Surrender. Upon termination, both parties shall be relieved of any further obligations under this Lease (except for those obligations that survive expiration or termination of this Lease), although each shall continue to have available all remedies for any breach of this Lease occurring prior to the date of termination. Within ninety (90) days following the expiration or termination of this Lease (the “Removal Period”), TENANT shall remove its Communication Facility, including its equipment, personal property, and fixtures (all of which shall remain TENANT’s removable personal property whether or not such equipment, property, or fixture is considered a fixture or attachment to real property under applicable law) and restore the Premises to its original condition, reasonable wear and tear and loss by casualty other causes beyond TENANT’s control excepted. TENANT shall not remove its underground utilities after the expiration or early termination of this Lease unless LANDLORD provides TENANT with written notice of the requirement to remove such utilities prior to the expiration or upon the early termination of this Lease. TENANT shall pay rent for the period of time during which removal activities occur after termination of this Lease.

4. Contingencies. The parties acknowledge and agree that TENANT’s ability to lawfully use the Premises is contingent upon TENANT obtaining all certificates, permits, approvals and other authorizations that may be required by any Governmental Authority in accordance with Applicable Law (collectively, the “Governmental Approvals”). TENANT will endeavor to obtain all such Governmental Approvals promptly. LANDLORD hereby authorizes TENANT, at TENANT’s sole cost and expense, to file and submit for Governmental Approvals within sixty (60) calendar days of the Effective Date. LANDLORD shall: (a) cooperate with TENANT in TENANT’s efforts to obtain such Governmental Approvals; (b) promptly execute and deliver all documents necessary to obtain and maintain the Governmental Approvals, upon LANDLORD’s review and approval; and (c) not take any action that would adversely affect TENANT’s ability to obtain and/or maintain the Governmental Approvals. If: (i) any application for Governmental Approvals is rejected, conditioned, materially delayed or otherwise not approved for any or no reason; or (ii) TENANT determines, in TENANT’s sole and absolute discretion, that such Governmental Approvals cannot be obtained in a timely and commercially reasonable manner (clauses (i) and (ii) collectively, the “Contingencies”), then, TENANT shall have the right in its sole and absolute discretion to terminate this Lease immediately upon notice to LANDLORD, without penalty or further obligation to LANDLORD (or LANDLORD’s affiliates, employees, officers, agents or lenders). If, following the Commencement Date, and through no fault of TENANT, any Governmental Approval issued to TENANT is canceled or is otherwise withdrawn or terminated by the applicable Governmental Authority, then TENANT shall have the right in its sole and absolute discretion to terminate this Lease upon ninety (90) days’ notice to LANDLORD without penalty or further obligation to LANDLORD (or LANDLORD’s affiliates, employees, officers, agents or lenders). If this Lease is terminated, this Lease shall be of no further force or effect (except as set forth to the contrary herein). Provided TENANT is not then in default hereunder beyond applicable notice and cure periods, TENANT shall also have the right to terminate this Lease after the initial term and upon any annual anniversary of the Commencement Date provided at least ninety (90) days’ prior written notice is given to LANDLORD.

5. Rent. Beginning on the Commencement Date, TENANT agrees to pay to LANDLORD rent, without prior notice or demand by LANDLORD, in the sum of One Thousand Four Hundred Sixty-Two PL
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and 00/100 Dollars ($1,462.00) per month in advance on or before the fifth (5th) day of each month during the term of this Lease (“Rent”). Said Rent shall be paid to LANDLORD, without deduction or offset, in lawful money of the United States of America, at 1000 Webster Street, 2nd floor, Fairfield, California 94533, or at such other place as LANDLORD may designate, in writing. Notwithstanding the foregoing, LANDLORD and TENANT acknowledge and agree that the initial Rent payment shall be due thirty (30) days after the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1, TENANT shall send to LANDLORD the initial rental payments for January 1 on or before February 1. All payments for any fractional month shall be prorated based upon the number of days during such month that the payment obligation was in force. TENANT shall require receipt of a validly completed IRS approved W-9 form (or its equivalent) prior to paying any Rent or any other amount(s) due under this Lease.

As additional consideration for the lease of the Premises, TENANT shall pay to LANDLORD a one (1) time fee in the amount of Five Thousand and 00/100 Dollars ($5,000.00) to defray LANDLORD’s costs associated with reviewing this Lease, which is a condition precedent to TENANT’s use of the Premises (“Site Development Fee”). TENANT shall pay the Site Development Fee to Landlord within thirty (30) days following the Effective Date.

Commencing with the first (1st) and every subsequent anniversary of the Commencement Date in which this Lease is in effect, the Rent shall be increased by an amount equal to three percent (3%) of the Rent paid in the immediately preceding year.

6. Use. TENANT shall use the Premises for the sole purpose of constructing, maintaining, and operating TENANT’s Communications Facility including without limitation the right to transmit and receive radio frequency and other communications signals, which shall include the right to replace, repair, add, or otherwise modify any or all of TENANT’s Communications Facility and the frequencies over which TENANT’s equipment operates in accordance with the terms and conditions of this Lease, upon written approval by Landlord. The subject Communications Facility depicted in the site plan and related drawings approved by LANDLORD, a copy of which is attached hereto as Exhibit “B” and hereby incorporated by reference, refers specifically to the fenced-in ground lease area containing cabinets, a generator, and any other equipment necessary for the operation of TENANT’s Communications Facility. TENANT shall bear all costs of installing, removing, repairing or replacing its equipment on the Premises. TENANT shall submit its application for permits for the construction of its facilities no later than ninety (90) days following the execution of this Lease. TENANT must obtain all Governmental Approvals as well as satisfactory soil boring tests confirming that TENANT’s use of the Premises is suitable for the purposes intended herein. TENANT shall have the right to terminate the Lease upon ninety (90) calendar days written notice to LANDLORD if any test, analysis or survey performed prior to signing this Lease is found to be unsatisfactory; or if TENANT otherwise determines that the Premises is no longer technically compatible for its proposed use.

TENANT shall install security fence(s) or wall(s) around the perimeter of the Land Space, in a form reasonably satisfactory to LANDLORD and in accordance with Governmental Approvals, without unreasonable delay or condition, excluding any approved access route(s). TENANT shall endeavor to maintain the Premises free from hazards or risk to the public health, safety or welfare. TENANT shall maintain all of its fences, walls, structures, equipment and any and all other of its personal property PL
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on the Premises free of graffiti, and upon fourteen (14) days’ written notice by LANDLORD, shall remove or cover any graffiti to LANDLORD’s reasonable satisfaction.

At all times throughout the term of this Lease, TENANT’s use of the Premises shall be in conformance with, and subject to all Governmental Approvals.

TENANT shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will cause cancellation of any of TENANT’s insurance policy covering the Premises or part thereof or portion of its contents. TENANT shall not do anything in or about the Premises which will unreasonably obstruct or interfere with the rights of other parties to the Property or injure them or use the Premises for any unlawful purpose. Nor shall TENANT cause or maintain any nuisance in or about the Premises. TENANT shall not commit or suffer to be committed any waste in or upon the Premises.

TENANT agrees at all times to maintain its levels of electromagnetic radiation within all a pplicable standards established by the Federal Communications Commission and/or any other governmental authority having jurisdiction. TENANT agrees at all times to conduct its operations in such a manner so as to not cause harmful interference which is measurable in accordance with then existing industry standards to any of LANDLORD’s pre-existing communications operations. In the event TENANT’s equipment causes such interference, and after LANDLORD has notified TENANT in writing of such interference, TENANT will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at TENANT’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LANDLORD be entitled to terminate this Lease or relocate the equipment as long as TENANT is making reasonable efforts to remedy the interference issue. LANDLORD agrees that LANDLORD and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of TENANT. The parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.

LANDLORD agrees to include in any other telecommunication leases for the Property within one thousand (1000) feet of the Premises, this same or similar provision requiring such other lessee(s) to avoid causing measurable interference to TENANT’s operations hereunder.

After the Effective Date, LANDLORD shall not install, or permit any third party to install, any equipment or structures that materially interfere with or restrict the operations of TENANT. Any such material interference shall be deemed a material breach of this Lease by LANDLORD and LANDLORD shall remove the cause of the interference within forty-eight (48) hours of notice. LANDLORD’s failure to remove the cause of the interference shall be deemed a Default (as defined in Paragraph 16 below) of this Lease. TENANT shall have the right to exercise all legal and equitable rights and remedies to end the material interference. Notwithstanding anything in this Paragraph to the contrary, this Paragraph shall have no force or effect in the event that the City of Fairfield installs, or permits any third party to install, essential public safety equipment or structures, provided that LANDLORD undertakes all commercially reasonable efforts to locate such facilities on the Property in a manner that does not cause measurable interference to TENANT’s Communications Facility.

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7. Co-location with ATC Sequoia LLC. ATC Sequoia LLC (“American Tower”) currently has a lease with the City of Fairfield dated May 14, 2013 (the “American Tower Lease”). The American Tower Lease provides rights to American Tower for an approximately twenty foot (20’) by twenty foot (20’) area known as their (“Tower Space”). American Tower and TENANT will enter into an agreement for use of the Tower Space, which is valid and binding, and if American Tower and TENANT fail to execute such agreement within six (6) months following full execution of this Lease, LANDLORD or TENANT may terminate this Lease upon written notice to the other party. TENANT acknowledges that the American Tower Lease is primary and agrees that its use of the Premises shall not interfere with American Tower’s rights over the Premises. In addition, TENANT shall not install any equipment on the Tower Space without the written agreement of American Tower. Approval in writing from American Tower to TENANT to install the necessary antennas and supporting equipment must be presented to LANDLORD prior to LANDLORD executing the Lease.

8. Compliance with Applicable Laws. During the term of this Lease, LANDLORD shall maintain the Property in good operating condition and in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively “Applicable Laws”). LANDLORD shall not have any obligation to maintain, repair or replace TENANT’s Communications Facility except to the extent required due to the acts and/or omissions of LANDLORD, LANDLORD’s agents, or contractors. LANDLORD agrees to safeguard TENANT’s Communications Facility with the same standard of care it uses to protect its own property, but in no event less than reasonable care. In addition, TENANT may take all actions necessary, in TENANT’s reasonable discretion, to secure and/or restrict access to TENANT’s Communications Facility. TENANT shall, with respect to the condition of the Premises and at TENANT’s sole cost and expense, comply with (a) all Applicable Laws relating solely to TENANT’s specific and unique nature of use of the Premises; and (b) all applicable building codes requiring modifications to the Premises due to the improvements being made by TENANT in the Premises.

9. Alterations and Additions. Installation of all improvements on the Premises shall be at the discretion and option of the TENANT, subject to the governmental authority of the City of Fairfield and all Governmental Approvals, Applicable Laws, regulations, and ordinances, including but not limited to conditions of land use approvals. Subject to LANDLORD’s written consent, which consent shall not be unreasonably conditioned, withheld, or delayed; provided, however that TENANT shall have the right to replace, repair, add or otherwise modify its equipment or any portio n thereof with “like-kind” equipment which is the same or smaller size in dimensions and weight, or equipment which is wholly contained within TENANT's equipment shelter and/or cabinets, provided the new or repaired equipment does not expand the square footage of the Premises or increase or add frequencies to the area. Except as set forth above, before commencing any alterations to the Premises that require Governmental Approvals, TENANT shall submit plans and specifications to LANDLORD for the LANDLORD’s written. LANDLORD shall provide TENANT with written approval, which approval shall not be unreasonably withheld, conditioned or delayed, or denial, within thirty (30) days from the date TENANT provides LANDLORD with complete plans and specifications.

Notwithstanding the foregoing if LANDLORD does not provide TENANT with written approval or denial PL
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within thirty (30) days of any proposed alterations and additions within the Land Space such alternations and additions shall be deemed approved. TENANT shall bear all costs of installing, removing, repairing or replacing its equipment on the Premises. TENANT shall submit its application for a building permit for the construction of its initial facilities within ninety (90) days after TENANT’s receipt of approval of its application for land use or zoning approvals.

10. Physical Condition of Premises; Waiver. LANDLORD will provide TENANT with a copy of a phase I environmental site assessment, if available, prior to signing this Lease. Prior to signing this Lease, TENANT will have the right to conduct site suitability studies including, without limitation, an environmental assessment of the property, and shall have reasonable access for such purposes.

TENANT will defend and indemnify LANDLORD and LANDLORD’s partners, affiliates, agents and employees against any and all losses, damages, liabilities, claims and/or costs (including reasonable attorneys’ fees and costs) arising from TENANT or TENANT’s partners, affiliates, agents, contractors or employees conducting an environmental assessment of the Premises, except to the extent such claims are caused by the negligence or willful misconduct of LANDLORD or any of its agents, employees or contractors.

TENANT will have the right to enter the Premises to survey the Property and perform inspections, provided TENANT has complied with insurance requirements of LANDLORD and signed LANDLORD’s form right of entry agreement. In addition to surveying the Premises, TENANT may perform an inspection of the Premises, including surveys, a structural analysis, subsurface boring tests, an environmental site assessment, and any other activities as TENANT may deem necessary, at the sole cost of TENANT. In addition, TENANT may remove samples of the soil from the Premises. Prior to entering the Premises, TENANT shall provide LANDLORD with twenty-four (24) hours advance notice.

TENANT shall provide LANDLORD a copy of any survey, and may provide inspection or environmental report(s) performed on the Premises, upon LANDLORD’s request. During TENANT’s inspections, temporary security measures shall be placed around the testing area(s). The Premises will be returned to its original condition at the conclusion of the TENANT’s inspections. LANDLORD shall not be responsible for the actions of TENANT, or TENANT’s partners, affiliates, agents, contractors or employees while they are on the Premises. TENANT will keep the Premises free and clear of any liens arising out of any such entry and indemnify LANDLORD against any liens arising from TENANT or TENANT’s partners, affiliates, agents, contractors or employees’ acts or omissions.

LANDLORD and TENANT acknowledge that, prior to signing this Lease, TENANT had the opportunity to conduct site suitability studies including, without limitation, an environmental assessment of the Premises. By taking possession of the Premises, TENANT shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. TENANT shall, at TENANT’s sole cost and expense, keep the Premises and all parts thereof in good condition and repair. LANDLORD shall have no obligation whatsoever to alter, improve or repair the Premises, or any part thereof, and the parties hereto affirm that LANDLORD has made no representations to TENANT respecting the condition of the Premises except as specifically set forth herein.

Notwithstanding the foregoing, LANDLORD shall be responsible for any damage to TENANT’s equipment or facilities caused by LANDLORD’s activities or omissions.

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TENANT acknowledges that TENANT had sufficient time and opportunity to undertake its own due diligence investigations with respect to the condition of the Premises prior to the execution of this Lease by TENANT. As of the Effective Date of this Lease, TENANT shall accept possession of the Premises, in an “as is/where is” condition with no warranty, express or implied, by LANDLORD as to the condition of the soil, its geology, the presence of known or unknown faults, its suitability for the use intended by the TENANT, any onsite soils contamination or any similar matters. Notwithstanding the foregoing, LANDLORD represents (a) there are no liens, judgments or other title matters materially and adversely affecting LANDLORD’s title to the Property; (b) there are no covenants, easements or restrictions that prevent the use of the Premises for TENANT’s Permitted Use; (c) LANDLORD will comply with all federal, state, and local laws in connection with any substances LANDLORD has brought on to the Property that are identified as toxic or hazardous by any Applicable Law, ordinance or regulation (“Hazardous Substance”); and (d) TENANT’s use and quiet enjoyment of the Premises shall not be disturbed. LANDLORD understands and agrees that notwithstanding anything contained in this Lease to the contrary, in no event shall TENANT have any liability whatsoever with respect to any Hazardous Substance that was on, about, adjacent to, under or near the Property prior to the Effective Date, or that was generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the Property by: (1) LANDLORD, its agents, employees, contractors or invitees; or (2) any third party who is not an employee, agent, contractor or invitee of TENANT.

Without limiting the generality of the immediately preceeding sentence, LANDLORD warrants and agrees that neither LANDLORD nor, to LANDLORD’s knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. LANDLORD and TENANT each agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within LANDLORD’s Property in violation of any law or regulation. LANDLORD and TENANT each agree to defend and indemnify the other and the other’s partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys’ fees and costs) arising from any breach of any warranty or agreement contained in this Paragraph. “Hazardous Material” shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). The foregoing indemnity obligation of TENANT shall not apply to environmental compliance obligations or liability arising prior to TENANT’s entry onto the Premises, or to violations to the extent attributable to acts of LANDLORD. This environmental indemnity shall survive the expiration or earlier termination of this Lease as to activities taking place or occurring on or about the Premises prior to such expiration or earlier termination.

LANDLORD shall, upon request and at TENANT’s cost, provide to TENANT copies of all reports, studies, surveys and other data and information on the Premises which are now in the possession of LANDLORD. LANDLORD represents that it has no information disclosable pursuant to California Health and Safety Code § 25359.7(a).

11. Claims Against Premises. TENANT shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic’s, materialmen’s, contractor’s or subcontractor’s liens by reason of or in connection with any repairs, alterations, improvements or other work contracted for or undertaken by TENANT. If any lien is filed purporting to be for labor or material furnished or to be PL
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furnished at the request of TENANT, then TENANT shall do all acts necessary to discharge such lien by payment, satisfaction or posting of bond within ninety (90) calendar days of receipt of notice of the same from LANDLORD; provided, that TENANT may contest any such lien if TENANT provides LANDLORD with cash or a letter of credit in the amount of said lien as security for its payment within such ninety (90) day period, and thereafter diligently contests such lien. In the event TENANT fails to deposit the aforementioned security with LANDLORD and fails to pay any lien claim after entry of final judgment in favor of the claimant, then LANDLORD shall have the right to expend all sums reasonably necessary to discharge the lien claim. TENANT agrees to indemnify and hold LANDLORD free and harmless of all liability for any and all such claims and demands, together with payment of LANDLORD’s reasonable attorneys’ fees and costs and expenses in connection therewith.

12. Utilities. TENANT shall have the right to connect to, maintain, repair, upgrade, remove or replace existing electrical systems and/or fiber installed at the Property to support TENANT’s Communications Facility and shall have the right to install new utility related equipment to service the Premises. TENANT shall install separate meters for TENANT’s utility usage. TENANT shall pay the cost of any and all water, electrical, gas or other utility services utilized by TENANT upon the Premises during the term hereof and, unless otherwise required by the local utility service provider, TENANT shall have such utilities installed underground and maintained at TENANT’s sole cost and expense, subject to plans and specifications approved in writing by LANDLORD, which approval shall not be unreasonably withheld, conditioned or delayed, or as shown on Exhibit “B” attached hereto.

LANDLORD shall approve or disapprove of same within forty-five (45) days. In the event the LANDLORD does not either: (i) object to the plans in writing, or (ii) furnish the TENANT with written approval, within forty-five (45) calendar days after the date of submission of the plans, LANDLORD will be deemed to have approved them.

13. Taxes. TENANT shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of TENANT’s possessory interest in and to the Premises, leasehold improvements, equipment, fixtures and personal property of TENANT located in or about the Premises. TENANT shall provide LANDLORD with proof of payment of such tax within forty-five (45) days after TENANT’s receipt of written request from LANDLORD for such proof of payment. If LANDLORD receives a notice of assessment that imposes taxes or assessments on TENANT’s leasehold improvements on the Premises, LANDLORD shall provide TENANT with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If LANDLORD does not provide such notice or notices to TENANT within such time period, LANDLORD shall be responsible for payment of the tax or assessment set forth in the notice, and LANDLORD shall not have the right to reimbursement of such amount from TENANT.

14. Holding Over. If TENANT remains in possession of the Premises or any part thereof after the expiration of the Removal Period described in Paragraph 3 above, with the express written consent of LANDLORD, such occupancy shall be a tenancy from month-to-month. In the event that the parties are not in the process of negotiating a new lease or lease extension in good faith, and TENANT remains in possession of the Premises after the expiration of the Removal Period described in Paragraph 3 above without LANDLORD’s consent, then the rent then in effect payable from and after the time of the expiration of the Removal Period set forth in Paragraph 3 above shall be equal to one hundred PL
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twenty-five percent (125%) of the rent applicable during the month immediately preceding the expiration or earlier termination of this Lease.

15. Entry by LANDLORD. TENANT hereby agrees that representatives of the LANDLORD, as designated by LANDLORD’s City Manager, shall, during normal business hours, have the right to enter the Premises with a representative of TENANT to inspect and determine if same complies with each and every term and condition of this Lease and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to applicable building occupancy requirements, if any, and the conduct of TENANT’s business, provided LANDLORD gives TENANT (i) no less than four (4) days prior written notice to 5701 South Santa Fe Blvd., Littleton, CO 80120. Any entry to the Premises obtained by LANDLORD, as provided above, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of TENANT from the Premises or any portion thereof. LANDLORD shall, at its sole cost and expense, repair any damage to the Premises caused by its entry onto the Premises.

16. Default. The occurrence of any one or more of the following events shall constitute a default (“Default”) and breach of this Lease by TENANT:

Vacating or abandonment of the Premises by TENANT. “Abandonment” shall mean TENANT has not operated TENANT’s equipment at the Premises, for a period of twelve (12) consecutive months or more; provided that LANDLORD acknowledges that the Premises are to be used as an unoccupied equipment shelter and, accordingly, lack of on-site personnel shall not, in and of itself, be deemed to indicate vacation or abandonment;
The failure by TENANT to make any payment of Rent or any other payment required to be made by TENANT hereunder, as and when due, where such failure shall continue for a period of fifteen (15) business days after TENANT’s receipt of written notice thereof by LANDLORD to TENANT, return receipt requested;
A failure by TENANT to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by TENANT, other than as described in Paragraph 14 above, where such failure shall continue for a period of thirty (30) days after TENANT’s receipt of mailed written notice thereof by LANDLORD to TENANT, return receipt requested; provided, however, that if the nature of the default involved is such that more than thirty (30) days are reasonably required for its cure, then TENANT shall not be deemed to be in default if TENANT commences such cure within such thirty (30) day period and thereafter diligently prosecutes said cure to completion; or The making by TENANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against TENANT of a petition to have TENANT adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against TENANT, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of TENANT’s assets located in or about the Premises or of TENANT’s interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT’s assets located in or about the Premises or of TENANT’s interest in this Lease, where such seizure is not discharged in thirty (30) days.

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In the event there is a breach by LANDLORD with respect to any of the provisions of this Lease or its obligations under it, TENANT shall give LANDLORD written notice of such breach. After receipt of such written notice, LANDLORD shall have thirty (30) days in which to cure any such breach, provided LANDLORD shall have such extended period as may reasonably be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LANDLORD commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. TENANT may not maintain any action or effect any remedies for default against LANDLORD unless and until LANDLORD has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Lease if LANDLORD fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LANDLORD if the failure to perform such an obligation interferes with TENANT’s ability to conduct its business on the Property; provided, however, that if the nature of LANDLORD’s obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Lease if performance is commenced within such five (5) day period and thereafter diligently pursued to completion.

The occurrence of the following events shall also constitute a default and breach of this Lease by LANDLORD:

The making by LANDLORD of any general assignment or general arrangement for the benefit of creditors, or the filing by or against LANDLORD of a petition to have LANDLORD adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against LANDLORD, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of LANDLORD assets located in or about the Premises or of LANDLORD interest in this Lease, where possession is not restored to LANDLORD within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT’s assets located in or about the Premises or of LANDLORD interest in this Lease, where such seizure is not discharged in thirty (30) days.

17. Remedies in Default. In the event of any such material default or breach by TENANT which remains uncured after the expiration of all applicable notice and cure periods, LANDLORD may at any time thereafter and without notice or demand and, without limiting LANDLORD in the exercise of a right or remedy LANDLORD may have by reason of such default or breach:

17.1 Terminate TENANT’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and TENANT shall immediately surrender possession of the Premises to LANDLORD. In such event, LANDLORD shall be entitled to recover from TENANT all damages actually and reasonably incurred by LANDLORD by reason of TENANT’s default including, but not limited to, the cost of recovering possession of the Premises, including necessary renovation and alteration of the Premises, for reasonable attorneys’ fees and costs, and the amount by which the unpaid rent for the balance of the term, after the time of court award, exceeds the amount of such rental loss for the same period that TENANT proves could be reasonably avoided. Unpaid installments of rent or other sums shall bear interest from due date thereof at the rate of five percent (5%) per annum or at the maximum legal rate then in effect in the State of California, whichever is lower. In the event TENANT shall have abandoned the Premises, LANDLORD shall have the option of: (1) taking PL
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possession of the Premises and recovering from TENANT the amount specified in this subparagraph, or (2) proceeding under the provisions of the following subparagraphs’

17.2 Maintain TENANT’s right to possession, in which case this Lease shall continue in effect whether or not TENANT shall have abandoned the Premises. In such event, LANDLORD shall be entitled to enforce all of LANDLORD’s rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder;

17.3 Pursue any other remedy now or hereafter available to LANDLORD under the laws or judicial decisions of the State of California. Furthermore, TENANT agrees that no election by LANDLORD as to any rights or remedies available hereunder or under or pursuant to any law or judicial decisions of the State of California shall be binding upon LANDLORD until the time of trial of any such action or proceeding. Notwithstanding the provisions of Paragraph 16, above, if an event of default by TENANT occurs, LANDLORD shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to re-enter the Premises and/or remove persons or property therefrom.

Notwithstanding any provision herein to the contrary, a revocation of any regulatory approval, shall not constitute an electable remedy for purposes of this Paragraph 17.

18. Eminent Domain. If all or any portion of the Premises is condemned, taken by a Governmental Authority or otherwise appropriated by the exercise of the right of eminent domain or a deed or conveyance in lieu of eminent domain (each, a “Taking”), either Party hereto shall have the right to terminate this Lease immediately upon notice to the other Party. If either Party elects to terminate this Lease, the Rent set forth herein shall be abated, and TENANT’s liability therefor will cease as of the date of such Taking, this Lease shall terminate as of such date, and any prepaid rent shall be returned to TENANT. If this Lease is not terminated as herein provided, then it shall continue in full force and effect, and LANDLORD shall, within a reasonable time after possession is physically taken by the condemning authority restore the remaining portion of the Premises to render it reasonably suitable for the uses permitted by this Lease and the Rent shall be proportionately and equitably reduced. Notwithstanding the foregoing, LANDLORD shall not be obligated to expend an amount greater than the proceeds received from the condemning authority less all expenses reasonably incurred in connection therewith (including attorneys’ fees) for the restoration. All compensation awarded in connection with a Taking shall be the property of LANDLORD, provided that if allowed under Applicable Law, TENANT may apply for and keep as its property a separate award for (i) the value of TENANT’s leasehold interest; (ii) the value of TENANT’s Communications Facility or other personal property of TENANT; (iii) TENANT’s relocation expenses; and (iv) damages to TENANT’s business incurred as a result of such Taking. TENANT, as a material part of the consideration for its rights hereunder, hereby waives any claim against LANDLORD to which it may be entitled under federal or state relocation laws for benefits upon the termination or early termination of this Lease in accordance with its terms.

19. Estoppel Certificate. TENANT shall, at any time and from time to time upon not less than sixty (60) calendar days’ prior written notice from LANDLORD, execute, acknowledge and deliver to LANDLORD a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to TENANT’s knowledge, any uncured PL
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defaults on the part of LANDLORD hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Premises are a part.

20. Assignment and Subletting. TENANT shall not assign or otherwise transfer all or any part of its interest in the Premises, this Lease, or any right hereunder to any other party or parties nor without first obtaining the written consent of LANDLORD, which consent shall not be unreasonably withheld, conditioned or delayed. Any assignment of the Premises without such prior written consent shall be voidable by LANDLORD and LANDLORD may, at its option, declare a forfeiture of the same in any manner provided by law. Notwithstanding the foregoing, this Lease may be assigned or transferred by TENANT without any approval or consent of LANDLORD to TENANT’s parent company, its member, any subsidiary or Affiliate or to any successor-in-interest or to any entity which acquires all or substantially all of TENANT’s assets in the market defined by the Federal Communications Commission (“FCC”) in which the premises are located. No change of stock ownership, partnership interest or control of TENANT or transfer upon partnership or corporate dissolution of TENANT shall constitute an assignment hereunder.

TENANT shall not sublet all or any portion of the Premises without first obtaining the written consent of LANDLORD. Future carriers wishing to sublet or co-locate space on TENANT’s facilities shall first obtain a ground lease from LANDLORD to house such carriers’ own equipment and obtain any necessary access easement, after which time they may execute a sublease from the TENANT for space on TENANT’s facilities on the Premises subject to LANDLORD’s prior written consent as to the form of sublease. LANDLORD shall be entitled to share in the proceeds from any such subletting. LANDLORD’s share shall be agreed upon by LANDLORD and TENANT at the time TENANT seeks LANDLORD’s consent.

21. Non-Disturbance. LANDLORD will provide TENANT with an agreement from the holder of any ground lease or deed of trust or other monetary encumbrance affecting the Premises that such holder agrees to recognize TENANT’s leasehold in the event such holder acquires the Premises, through foreclosure or otherwise. If LANDLORD defaults in the payment of any such obligation, TENANT may, at its sole option, cure or correct such defaults and deduct from the annual rental the sums paid to cure or correct such defaults.

22. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto, both at trial and on appeal, in addition to all other sums allowed by law.

23. Fixtures. All trade fixtures and/or temporary facilities installed in or on the Premises by TENANT may be removed by TENANT at any time during the term of this Lease so long as the same may be removed without permanent damage to the Premises. TENANT shall repair all damage which may result therefrom to the reasonable satisfaction of LANDLORD.

24. Limitation of Liability. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW IN PARAGRAPH 25, NEITHER PARTY NOR ANY OF ITS AGENTS, CONTRACTORS OR

EMPLOYEES, SHALL BE LIABLE TO THE OTHER PARTY OR ANY PERSON CLAIMING THROUGH THAT

PARTY FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY CAUSE PL
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WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CLAIMS CAUSED BY OR RESULTING FROM THE

NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THAT PARTY, ITS AGENTS, CONTRACTORS OR EMPLOYEES.

25. Indemnification.

25.1 TENANT’s Indemnity. Except to the extent caused by the negligence or willful misconduct of LANDLORD, its officers, agents, employees, contractors, or any other person or entity for whom LANDLORD is legally responsible, TENANT shall defend, indemnify and hold LANDLORD and its officers, directors, shareholders, employees, agents and representatives (“LANDLORD’S Representatives”) harmless from and against any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) (individually or collectively, a “Claim”) arising directly or indirectly out of: (i) any act or omission of TENANT, its officers, agents, employees, contractors, or any other person or entity for whom TENANT is legally responsible (“TENANT’s Representatives”); or (ii) a breach of any representation, warranty or covenant of TENANT contained or incorporated in this Lease. TENANT’s obligations under this paragraph shall survive the expiration or earlier termination of this Lease for two (2) years. TENANT agrees to defend, indemnify and hold LANDLORD and its elected officials, officers, agents and employees free and harmless from all claims and liabilities for damage to persons or property resulting from or arising out of all operations of TENANT, its employees, contractors or agents, except to the extent such claims or liabilities are due to or caused by the negligence or willful misconduct of LANDLORD, or its employees, contractors or agents.

25.2 Landlord’s Indemnity. Except to the extent caused by the by the negligence or willful misconduct of TENANT or TENANT’s Representatives, LANDLORD shall defend, indemnify and hold TENANT and TENANT’s Representatives harmless from and against any and all Claims arising directly or indirectly out of: (i) any act or omission of LANDLORD, its officers, agents, employees, contractors or any other person or entity for whom LANDLORD is legally responsible; (ii) a breach of any representation, warranty or covenant of LANDLORD contained or incorporated in this Lease; and/or (iii) the generation, possession, use, storage, presence, release, spill, treatment, transportation, manufacture, refinement, handling, production and/or disposal of Hazardous Substances in, on, about, adjacent to, under or near the Premises and/or the Property, and/or any contamination of the Premises and/or the Property by any Hazardous Substance, but only to the extent not caused by TENANT or TENANT’s Representatives. LANDLORD’s obligations under this paragraph shall survive the expiration or earlier termination of this Lease for two (2) years.

25.3 Indemnification Procedure. The Party seeking indemnification (the “Indemnified Party”) shall promptly send notice to the Party from whom indemnification is being sought (the “Indemnifying Party”) of the claim or suit for which indemnification is sought. The Indemnified Party shall not make any admission as to liability or agree to any settlement of or compromise any claim without the prior written consent of the Indemnifying Party. The Indemnified Party shall, at the Indemnifying Party request and expense, give the Indemnifying Party all reasonable assistance in connection with those negotiations and litigation.

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26. Insurance.

26.1 Fire and Extended Coverage. Throughout the term hereof, at TENANT’s sole cost and expense, TENANT shall keep or cause to be kept insured, all improvements located on or appurtenant to the Premises against loss or damage by fire, flood, earthquake and such other risks as are now or hereafter included in an extended coverage endorsement in common use for such structures, including vandalism and malicious mischief. The amount of insurance shall be the then replacement cost, excluding costs of replacing excavations and foundations but without deduction for depreciation. LANDLORD shall not carry any insurance the effect of which would be to reduce the protection or payment to TENANT under any insurance that this Lease obligates TENANT to carry.

26.2 Commercial General Liability Insurance. Throughout the term hereof, at TENANT’s sole cost and expense, TENANT shall keep or cause to be kept in full force and effect, for the mutual benefit of TENANT, and LANDLORD as an additional insured, commercial general liability insurance against claims and liability for personal injury, death, property damage and/or automobile liability arising from the use, occupancy, disuse, or condition of the Premises, improvements, or adjoining areas or ways, providing protection of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence for personal injury or death, and at least Five Hundred Thousand and 00/100 Dollars ($500,000.00) for property damage. Any policies containing an annual general aggregate shall contain an annual general aggregate of at least twice the per occurrence policy limit.

26.3 Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California with a current A.M. Best rating of no less than A Minus: VII. Except as otherwise agreed upon in writing by LANDLORD, the insurance program shall provide that: (a) the liability policies are primary and noncontributing with any insurance that may be carried by LANDLORD as relates to TENANT’s operations; (b) the policies cannot be canceled except after thirty (30) days’ notice by the insurer or the insurer’s representative to LANDLORD; (c) the LANDLORD, and each of its elected officials, officers and employees are additional insureds on the general and automobile liability insurance policies; (d) any errors or omissions by TENANT including breaches of warranties shall not affect the required coverage; and (e) the required liability insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. TENANT shall furnish LANDLORD with copies of all certificates evidencing the insurance.

TENANT may effect for its own account any insurance not required under this Lease.

26.4 Maintenance of Insurance; Proof of Compliance. TENANT shall deliver to LANDLORD, in the manner required for notices, insurance certificates required by this Lease, within the following time limits: (a) For insurance required at the commencement of this Lease, within ten (10) days after execution of this Lease and prior to TENANT’s occupancy of the Premises (b) For reasonable insurance becoming required at a later date, at least ten (10) days before that requirement takes effect, or as soon thereafter as the requirement, if new, takes effect (c) For any renewal or replacement of a policy already in existence with the expiration of the existing policy. If TENANT fails or refuses to procure or maintain insurance as required by this Lease, or fails or refuses to furnish LANDLORD with required proof that the insurance has been procured and is in full force and paid for, and does not cure such failure within thirty (30) of receipt of written notice thereof, LANDLORD shall have the right, at LANDLORD’s election and on five (5) business days’ notice, to procure and maintain such insurance.

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The premiums paid by LANDLORD shall be treated as added rent due from TENANT with interest at the rate of eight percent (8%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first day of the month following the date on which the premium was paid. LANDLORD shall give TENANT prompt notice and provide TENANT with a certificate of insurance and agent’s invoice evidencing payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the effective date of coverage.

26.5 Waiver of Subrogation. To the fullest extent permitted by law, LANDLORD and TENANT for themselves and any and all parties claiming under or through them, including, without limitation, their respective insurers, hereby mutually release and discharge each other and the other’s Affiliates, and their respective officers, directors, shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is legally responsible from any claims for damage to any person or to the Premises or any other real or personal property that are or are claimed to have been caused by or result from risks insured against under any insurance policies carried by the waiving party and in force at the time of such damage and hereby waive any right of subrogation that might otherwise exist in or accrue to any person on account thereof. All policies required to be carried by either Party herein shall contain an endorsement in favor of the other Party waiving the insurance company’s right of subrogation against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS

OR DAMAGE IS CAUSED BY THE FAULT OR NEGLIGENCE OF A PARTY HERETO OR BY ANY PERSON FOR WHICH SUCH PARTY IS RESPONSIBLE. EACH PARTY AGREES TO NOTIFY ITS INSURANCE CARRIER(S) OF THIS PROVISION. “Affiliate(s)” means, with respect to a party, any person or entity, directly or indirectly, controlling, controlled by, or under common control with such party, in each case for so long as such control continues. For purposes of this definition, “control” shall mean (i) the ownership, directly or indirectly, or at least fifty percent (50%) of either: (a) the voting rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the directors of such entity, or (ii) the ability to direct the actions of the entity. Notwithstanding the preceding, for purposes of this Lease, EchoStar Corporation and its direct and indirect subsidiaries shall not be deemed to be Affiliates of TENANT unless after the Effective Date any such entity qualifies as a direct or indirect subsidiary of DISH Network Corporation.

26.6 Primary Coverage. For any claims related to this Lease, TENANT’s insurance coverage shall be primary coverage as respect to the LANDLORD, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by LANDLORD, its officers, officials, employees or volunteers shall be excess of the TENANT’S insurance and shall not contribute with it.

26.7 Additional Insured Status. The LANDLORD, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Auto Liability policies with respect to liability arising out of work or operations performed by or on behalf of the TENANT including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the TENANT’S insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

27. Authority of Parties. Each individual executing this Lease on behalf of each party represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of such PL
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party and that this Lease is binding upon such party in accordance with its terms. Nothing in this Lease shall be construed to limit or affect in any way the authority of the City of Fairfield acting in its capacity as a municipal government. Nothing in this Lease shall be construed to affect TENANT’s obligation to obtain the applicable permits and approvals that may be required by the City of Fairfield acting in its capacity as a municipal government.

28. Waiver. The waiver by a party to this Lease of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, covenant or condition of this Lease, other than the failure of the TENANT to pay the particular rental so accepted, regardless of LANDLORD’s knowledge of such preceding breach at the time of acceptance of such rent.

29. Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor.

30. Late Charges. TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent or other sums due hereunder will cause LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or of a sum due from TENANT shall not be received by LANDLORD within thirty (30) days after TENANT’s receipt of written notice that said amount is past due, then TENANT shall pay to LANDLORD a late charge equal to five percent (5%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that LANDLORD will incur by reason of the late payment by TENANT. Acceptance of such late charges by LANDLORD shall in no event constitute a waiver of TENANT’s default with respect to such overdue amount, nor prevent LANDLORD from exercising any of the other rights and remedies granted hereunder.

31. Force Majeure. Notwithstanding anything to the contrary in this Lease, neither party shall be liable to the other party for nonperformance or delay in performance of any of its obligations under this Lease due to causes beyond its reasonable control, including, without limitation, strikes, lockouts, pandemics, labor troubles, acts of God, accidents, technical failure governmental restrictions, insurrections, riots, enemy act, war, civil commotion, fire, explosion, flood, windstorm, earthquake, natural disaster or other casualty (“Force Majeure”). Upon the occurrence of a Force Majeure condition, the affected party shall immediately notify the other party with as much detail as possible and shall promptly inform the other party of any further developments. Immediately after the Force Majeure event is removed or abates, the affected party shall perform such obligations with all due speed. Neither party shall be deemed in default of this Lease to the extent that a delay or other breach is due to or related to a Force Majeure event. A proportion of the Rent herein reserved, according to the extent that such Force Majeure event shall interfere with the full enjoyment and use of the Premises, shall be suspended from the date of commencement of such Force Majeure event until the date that such Force Majeure event subsides. If such Force Majeure event prevents the affected party from performing its obligations under this Lease, in whole or in part, for a period of forty -five (45) or more calendar days, then either party may terminate this Lease immediately upon notice to the affected party.

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32. Rights Upon Sale of Property. Should LANDLORD, at any time during the term, sell or transfer all or any part of the Property to a purchaser other than TENANT, such transfer shall be subject to this Lease and LANDLORD shall require any such purchaser or transferee to recognize TENANT’s rights under the terms of this Lease in a written instrument signed by LANDLORD and the third-party transferee. If LANDLORD completes any such transfer without executing such a written instrument, then LANDLORD shall not be released from its obligations to TENANT under this Lease, and TENANT shall have the right to look to LANDLORD and the third party for the full performance of this Lease. In addition to, and not in limitation of the preceding, in the event the LANDLORD sells or transfers either its rights in all or any portion of the Premises or LANDLORD’s right to the receive the Rent (and other payments) derived from the Premises under this Lease, in either case separate from the underlying Property, to any third party who is not an Affiliate of LANDLORD, then prior to any such sale or transfer LANDLORD shall first provide TENANT with a right of first refusal (“ROFR”) to acquire such right(s). In order to evaluate the terms and conditions offered to LANDLORD by such third party LANDLORD shall provide TENANT with a full, complete and unredacted copy thereof and TENANT shall have thirty (30) days from receipt thereof to elect to exercise its ROFR; provided that TENANT’s exercise of the ROFR shall be on the same terms and conditions as offered to LANDLORD by such third party (except as may be mutually agreed upon to the contrary).

33. Signs and Lights. TENANT shall not place any sign upon the Premises without LANDLORD’s prior written consent and approval thereof, except as otherwise required by law. Notwithstanding the foregoing, TENANT shall post a sign on the Premises setting forth emergency contact information including a “24/7” telephone number at which a representative of TENANT is available. This telephone number shall also be available for any person to report the presence of graffiti on the Premises and upon receipt of such information, TENANT shall respond as required herein. TENANT shall not illuminate its equipment shelter or appurtenances unless required by law or as may be approved in writing by LANDLORD.

34. Relocation of TENANT’s Facilities. In the event that American Tower removes or relocates the existing utility tower from the Land Space, LANDLORD must provide TENANT at least six (6) months written notice of any repairs, maintenance or other work (the “Work”) during the term of the Lease which would require the temporary relocation of the Premises. If necessary, in TENANT’s sole determination, TENANT may elect to install a temporary equipment shelter in another mutually agreeable location on the Property while the Work is being performed; provided, however, that such installation is subject to the prior written consent of LANDLORD, which consent shall not be unreasonably withheld, conditioned or delayed. TENANT shall have the right to reinstall its equipment shelter immediately upon the completion of the Work.

In the event that American Tower removes or relocates the existing utility tower from the Land Space, LANDLORD may relocate TENANT’s facilities or any portion thereof to another location on LANDLORD’s Property (the “Relocation Premises”), mutually approved by the parties, subject to the following provisions: (i) LANDLORD may only relocate TENANT one time during the Lease; (ii) Landlord must give TENANT not less than eighteen (18) months’ prior written notice; (iii) all reasonable costs and expenses associated with or arising out of such relocation (including costs associated with any required zoning approvals and other Governmental Approvals and costs for Tests of the Relocation Premises) shall be paid by LANDLORD; (iv) such relocation will be performed exclusively by TENANT or its agents; and (v) the Relocation Premises shall be similar to TENANT’s current Premises in size and PL
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compatible for TENANT’s use in TENANT’s sole discretion. If necessary, in TENANT’s sole determination, TENANT may elect to install a temporary equipment shelter in another mutually agreeable location on the Property that provides TENANT coverage and service levels similar to those of the Premises at the original location; provided, however, that such installation is subject to the prior written consent of LANDLORD. LANDLORD will exercise its relocation right by delivering written notice pursuant to the terms of this Lease to TENANT. In the notice, LANDLORD will identify the proposed Relocation Premises on LANDLORD’s Property. LANDLORD and TENANT hereby agree that a survey (prepared at the sole cost and expense of LANDLORD) of the Relocation Premises (including the access and utility easements) will supplement Exhibit “B” hereto and become a part hereof pursuant to a lease amendment that will be entered into between the parties, and the Relocation Premises shall thereafter be considered the Premises for all purposes hereunder. If, in TENANT’s reasonable judgment, no suitable Relocation Premises can be identified, then TENANT shall have the right to terminate this Lease upon thirty (30) days written notice to LANDLORD, without penalty or further obligation.

35. Confidentiality. Unless required by law, including the California Public Records Act, subpoena, court order, or other law or regulation, neither party to this Lease shall disclose the terms of this Lease or any information provided by the other that is not otherwise publicly available, without the other party’s prior, written consent.

36. Successors. Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the successors of the respective parties.

37. Notices. Except where otherwise required herein, any notice required or permitted under the terms of this Lease shall be deemed served and validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice):

If to LANDLORD: If to TENANT:

City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Attn: Director of Community Development

With a copy to:

DISH Wireless L.L.C.

Attn: Lease Administration
5701 South Santa Fe Blvd.

Littleton, Colorado 80120

David Lim
City Attorney
Richards, Watson & Gershon
44 Montgomery Street, Suite 3800
San Francisco, CA 94104

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38. Execution by LANDLORD Not a Waiver. TENANT understands and agrees that LANDLORD, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in the City of Fairfield to approve, disapprove or conditionally approve any application which TENANT may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which City of Fairfield may be empowered to apply, including, but not limited to any use permit, wireless permit or approval, whether similar in nature or not.

39. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on its own examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in this Lease itself. The failure or refusal of either party to inspect the Premises or improvements, to read this Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.

40. Applicable Law and Venue. Any action brought to enforce any provision of this Lease shall be brought in the Superior Court of the County of Solano, and the same shall be governed by the laws of the State of California

41. Recording. LANDLORD agrees to execute a Memorandum of this Lease which TENANT may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the term or rent payments.

42. Counterparts. This Lease may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.

43. Severability Clause. In case any provision in this Lease shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

44. Incorporation of Exhibits. All exhibits referenced herein and attached hereto are hereby incorporated herein in their entirety by this reference. [Remainder of page intentionally left blank. Signature page follows.] PL
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Site ID: SFSFO00374C 20
WHEREFORE, the parties hereto have entered into this Lease as of the latter date set forth below opposite the name of each signatory hereto.
“TENANT”
DISH WIRELESS L.L.C.,
a Colorado limited liability company
Dated:_____________________ By: _______________________________ Name: _
Title: _
“LANDLORD”

CITY OF FAIRFIELD,
a municipal corporation
Dated:______________________ By: _______________________________ Name: David Gasaway _
Title: Interim City Manager _
PL
DocuSign Envelope ID: 46FB8E77-339F-4939-A1CF-EC3700AEDA14 11/17/2022
EVP
David Mayo
Packet Page 76 of 356Attachment 2 Page 20 of 23

21 EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
All that real property situated in the City of Fairfield, County of Solano, State of California, described as follows:

LOT 166, AS SHOWN ON THE “FINAL MAP OF PARADISE VALLEY WEST, UNIT NO. 1”, FILED JULY 19, 1990 IN BOOK 59 OF MAPS, AT PAGE 24, SOLANO COUNTY RECORDS AND AS AMENDED BY CERTIFICATES OF CORRECTION RECORDED FEBRUARY 19, 1993, INSTRUMENT NO. 1993-14754, JUNE 11, 1993 INSTRUMENT NO. 1993-52524, AND AUGUST 26, 1994, INSTRUMENT NO. 1994- 78479, OFFICIAL RECORDS.

APN: 0167-100-160
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22 DocuSign Envelope ID: 46FB8E77-339F-4939-A1CF-EC3700AEDA14 Packet Page 78 of 356Attachment 2 Page 22 of 23

23 EXHIBIT B

DEPICTION OF PREMISES

DocuSign Envelope ID: 46FB8E77-339F-4939-A1CF-EC3700AEDA14 Packet Page 79 of 356Attachment 2 Page 23 of 23

Upon Recording, Return to:DISH Wireless L.L.C.Attention : Lease Administration5701 S. Santa Fe Dr.Littleton, CO 80120Re:(Space above for Recorder's Office)MEMORANDUM OF COMMUNICATIONS FACILITY GROUND TEASE AGREEMENTThis Memorandum of Communications Facility Ground Lease Agreement made thisday of 20_, by and between the City of Fairfield, a municipal corporation("Landlord"), having a place of business at 1000 Webster St., Fairfield, California 94533, and DISHWireless L.L.C., a Colorado limited liability company ("Tenant"), having a place of business at 9601South Meridian Boulevard, Englewood, Colorado 80112, Tenant and Landlord are at timescollectively referred to hereinafter as the "Parties" or individually as the "Party". ThisMemorandum is summarized as follows:L. Tenant and Landtord entered into a Communications Facility Ground Lease Agreement("Agreement") with an effective date of20--, for the purpose ofinstallation, operation, maintenance, and management of a wireless communicationsfacility. All of the foregoing, in addition to the provisions set forth in the Agreementbetween the Parties, are incorporated by reference and made a part herein.2. Landlord, or one of its affiliates, is the owner of a certain portion of real property locatedoff of Poppy Hills Court identified as Assessor's Parcel No. 0167-100-160 being moreparticularly described in Exhibit A attached hereto and made a part herein (the"Propertt'').3. Landlord has leased to Tenant and Tenant has leased from Landlord, space for Tenant'sequipment installation on the Property, as described or depicted in Exhibit B, attachedhereto and made a part herein (the "Premises"), that includes certain right of way grantsof easements for access and utilities as provided in the Agreement (which may or maynot be described or depicted in Exhibit B) which easements are in effect, or may beacquired, or granted, throughout the term of the Agreement as renewed or extendedsubject to the terms and conditions as set forth in the Agreement.DISH SITE NAMB: SFSFO003T4CDISH SITE ID: SFSFO{DJ?4CPLPacket Page 80 of 356Attachment 3 Page 1 of 8

4. The Agreement has an initialterm of five (5) years commencing on the CommencementDate, as set forth in the Agreement, Tenant shall have the right, at its election, to extendthe term of the Agreement, by three (3) additional terms of five (5) years each or in anyother such manner as prescribed in the Agreement. lf all options to renew are exercised,the Agreement will have a term of twenty (20) years from the Commencement Date.5. During the initialterm and all renewalterms of the Agreement, Tenant shall have a rightof first refusal in the event the Landlord wishes to sell or transfer its rights in all or anyportion of the Premises or Landlord's right to the receive the Rent (and other payments)derived from the Premises under the Agreement.O. Duplicate copies of the originals of the Agreement are in the possession of the Landlordand Tenant at the addresses set forth above and reference should be made thereto for amore detailed description thereof and for resolution of any questions pertaining thereto.7. lt is expressly understood and agreed by all Parties that the sole purpose of thisMemorandum of Communications Facility Ground Lease Agreement is to give recordnotice of the Agreement; it being distinctly understood and agreed that said Agreementconstitutes the entire agreement between Landlord and Tenant with respect to thePremises and is hereby incorporated by reference. The Agreement contains and setsforth additional rights, terms, conditions, and obligations not enumerated within thisMemorandum which govern the Agreement. This Memorandum is for informationpurposes only and nothing contained herein may be deemed in any way to modify or varyany of the terms or conditions of the Agreement. ln the event of any inconsistencybetween the terms of the Agreement and this Memorandum, the terms of the Agreementshall control. The rights and obligations set forth in the Agreement shall be binding uponand inure to the benefit of the Parties and their respective heirs, representatives,successors, and assigns.[Reminder of page intentionally left blank. Signature page follows.]DISH SITE NAME: $FSFO00374CDlsH SITE ID; SFSFO00.,74CPL.Packet Page 81 of 356Attachment 3 Page 2 of 8

lN WITNESS WHEREOFF, the Parties have executed this Memorandum of CommunicationsFacility Ground Lease Agreement as of the day and year first written above.tANDIORD;City of Falrfield,a municlpal corporationByName:Title:DISII SITE NAME: SFSFO00374CDISH SITE ID: SFsFofirs?4cTENANT:DISH Wireless [.1.C.a Colorado limited liability companyBy:Name:14^._K.\io.Title:e-fPL.Packet Page 82 of 356Attachment 3 Page 3 of 8

CALIFORNIA ALL- PURPOSECERTIFICATE OF ACKNOWLEDGM ENTA notary public or other officer completing this certificateof the individual who signed the document to which thiverifies only the identitYs certificate is attached,and not the truthfulness, accuracy, or validof that document.State of CaliforniaCounty of( o,n*uqC-le+qOnlzbefore me,?personally appeared \qef S i U-rqwho provld io me on the basis o{ satisfactory evidence to be the person(s) whosename(s) is/arb subscribed to the within instrument and acknowledged to me thathe/she/ihey executed the same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument'I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct'nd and officialsealMELISSA PENaFLORcoMM. il231 1608Notary Public. Californiacontra costa countyComm. Expires Nov 5,2023(Notary Public Seal)))bl;cnADDITIONAL OPTIONAL INFORMATIONDESCRIPTION OF THE ATTACHED DOCUMENT(Title or description of attached document)(Title or description of attached documentcontinued)Number of Page, 0 Document oate I{ZJZ?201 5 Version www.NotaryClasses.com 800-873-9865INSTRUCTIONS FOR COMPLETING THIS FORMThis fornr complies with current Califurnia statutes regardi'tg notary wording and'yneZded, shoild be completed and attached to the document. Acknowledgments/rom otha'states may bi completeilfor documents beinc s?n! to that stdte so long'as the wording does-not require the California notary to violate Califomia nota'ylaw.o state and county information nrust be the state and county where the documentsigne(s) personally appeared before the notary public for acknowledgment'. Date ofnotarization must be the date that the signer(s) personally appeared whichmust also be the same date the acknowledgment is completed.o The notary public must print his or her name as it appears within his or hercommissioniollowed by i comma and then your title (notarypublic)'o Print the name(s) of document signer(s) who personally appear at the time ofnotarization.. Indicate the conect singular or plural forms by crossing off incorrect forms (i.e.he/she/thoy; is /e*e ; oriircling the correct forms. Failure to correctly indicate thisinformation may lead to rejection ofdocument recording'. The notary seal impression must be clear and photographically reproducible.Impression must noi cover text or lines. If seal impression smudges, re-seal if asufficient area permits, otherwise complete a different acknowledgment form'o signature of tlle notary public must match the signature on file with the office ofthe county clerk.* Additional information is not required but could help to ensure thisacknowledgment is not misused or attached to a different document'a Indicate title or type ofattached document, number ofpages and date'* Indicate the capacity claimed by the signer. If the claimed capacity is acorporate officir, indicate the title (i.e. CEO, CFO' Secretary)'o Securely attach this document to the signed document with a staple'CAPACITY CLAIMED BY THE SIGNER\ZDtalndividual(s)Corporate Officer,( rrle)tr Partner(s)tr Attorney-in-Fact! Trustee(s)r-r OtherPacket Page 83 of 356Attachment 3 Page 4 of 8

STATE OF _COUNTY OFOn this day ofPublic in and for theIANDTORD'S ACKNOWTEDGMENTss))2O-, before me, the undersigned a Notarystate aforesaid, personally appearedcounty andny) to me known to be the identical person whoexecuted the within and foregoing instrument as itse), and acknowledged to methat he executed the same as his free and voluntary act and deed, and as the free and voluntaryact and deed of saidcompany), for the uses and purposes therein set forthGiven under my hand and seal the day and year last above written.Notary PublicMy Commission ExpCommission No:TENANTS ACKNOWLEDGMENTSTATE OF)ssCOUNTY OF)2O--, before me, the undersigned a Notary PublicOn this day ofin and for the countyand state aforesaid, personally appearedof DISH Wireless L.L.C. to me known to be the identicalperson who executed the within and foregoing instrument as its{title), andacknowledged to me that he executed the same as his free and voluntary act and deed, and asthe free and voluntary act and deed of said DISH Wireless L.L.C., for the uses and purposes thereinset forth.Given under my hand and sealthe day and year last above writtenMy Commission Expires:-Commission No:-DtSt{ SITE NAME: SFSFo00374CDlsE SITE ID: SFSFO00374CNotary PublicPacket Page 84 of 356Attachment 3 Page 5 of 8

EXHIBITALegal DescriPtion of the ProPertYAll that real property situated in the City of Fairfield, County of Solano, State of California,described as follows:LOT 155, AS SHOWN ON THE "FINAL MAP OF PARADISE VALLEY WEST, UNIT NO. 1", FILED JULY19, 1990IN BOOK 59 OF MAPS, AT PAGE 24, SOLANO COUNTY RECORDS AND AS AMENDED BYCERTIFICATES OF CORRECTION RECORDED FEBRUARY T9, 1993, INSTRUMENT NO. T993-L4754'JUNE 11, 1993 INSTRUMENT NO. 1993-52524, AND AUGUST 26, Lggfi,INSTRUMENT NO. L994'78479, OFFICIAL RECORDS.APN: 0157-100-160DISII SnE NAME: SFSFO00374CDISH SITE ID: SFSFOO{I]?4CPacket Page 85 of 356Attachment 3 Page 6 of 8

5rr1rr@rH, *w*2trerittwsFg$$T*FFFa+!tTIfiI{tIEris-raF16=FFEEaFF=hh5@*@@aa!5$aaga(.aDOlti(bIril$[uOFE$$;E6lr.ta.nln@('rT€es.-ttrfl rnntr'ts+JHflY.#rn,3DISH SITE NAME: SFSFO00374CDISH SITE ID: SFSFO0oI?4CPacket Page 86 of 356Attachment 3 Page 7 of 8

EXHIBIT BThe PremisesaI,Cl;1sI&ffiIiti'tlr+$rilIIIiTI$l"I'jt$i-I-\r-,"''{e)i!!iii@f?Vf;tDlsH SITE NAME: SFSFO00374CDISH SITE ID: SFSFolx,S?4CPacket Page 87 of 356Attachment 3 Page 8 of 8

Agenda Item No: 8.

AGENDA REPORT
DATE:December 20, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022341 of the City Council of the City of Fairfield Approving the Second Amendment to Lease Agreement Between the City of Fairfield and the Solano Economic Development Corporation
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield (City) and the Solano Economic Development Corporation (Solano EDC) would like to enter into the proposed Second Amendment (Second Amendment) to Lease Agreement between the City and the Solano EDC for the 1,891 squarefoot office space (Office Space) located at 5050 Business Center Drive (Building) for an additional twelve months to January 31, 2024.

DISCUSSION
The City is the owner of the Building. On February 8, 2019, the City and Solano EDC entered into a lease agreement for the Office Space. On January 20, 2022, this lease was extended by the First Amendment to Lease Agreement (Lease Agreement) through January 31, 2023.

Solano EDC has requested an extension of twelve months to the existing lease term, thus extending the expiration date to January 31, 2024. The City would like to accept this lease extension request. The rent for the 12 months will remain $3,973.46 per month. Solano EDC has requested that the rent remains at the current rate. Staff recommends no increase as the current rate is in line with current market rental rates. All other terms of the Lease Agreement will remain in effect.

The proposed resolution approves the Second Amendment and authorizes the city manager to execute all documents necessary to amend the Lease Agreement.

FINANCIAL IMPACT
The City will receive a monthly rent of $3,973.46. These funds will be deposited into the Cordelia Library Fund (Fund 10145100651210081).

Packet Page 88 of 356

Agenda Item No: 8.AGENDA REPORTDATE:December 20, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022341 of the City Council of the City of Fairfield Approving the SecondAmendment to Lease Agreement Between the City of Fairfield and the SolanoEconomic Development CorporationRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield (City) and the Solano Economic Development Corporation (Solano EDC) wouldlike to enter into the proposed Second Amendment (Second Amendment) to Lease Agreementbetween the City and the Solano EDC for the 1,891 squarefoot office space (Office Space) located at5050 Business Center Drive (Building) for an additional twelve months to January 31, 2024.DISCUSSIONThe City is the owner of the Building. On February 8, 2019, the City and Solano EDC entered into alease agreement for the Office Space. On January 20, 2022, this lease was extended by the FirstAmendment to Lease Agreement (Lease Agreement) through January 31, 2023. Solano EDC has requested an extension of twelve months to the existing lease term, thus extending theexpiration date to January 31, 2024. The City would like to accept this lease extension request. The rentfor the 12 months will remain $3,973.46 per month. Solano EDC has requested that the rent remains atthe current rate. Staff recommends no increase as the current rate is in line with current market rentalrates. All other terms of the Lease Agreement will remain in effect.The proposed resolution approves the Second Amendment and authorizes the city manager to executeall documents necessary to amend the Lease Agreement.FINANCIAL IMPACTThe City will receive a monthly rent of $3,973.46. These funds will be deposited into the Cordelia Library Fund (Fund 10145100651210081).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may decide not to approve the Second Amendment, but the lease would expire and require the Solano EDC to vacate the Office Space.

STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 4287727
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Second Amendment
REVIEWERS:

Reviewer Action Date
Feinstein, David Approved 11/22/2022 4:36 PM
Dalman, Dwayne Approved 11/22/2022 4:54 PM
Beavers, Esther Approved 11/23/2022 11:07 AM
Beavers, Esther Approved 11/23/2022 11:08 AM
Packet Page 89 of 356

CITY OF FAIRFIELD

RESOLUTION NO. 2022-341

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SECOND

AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND THE SOLANO

ECONOMIC DEVELOPMENT CORPORATION

WHEREAS, the City of Fairfield is the owner and landlord of the building located at 5050 Business Center Drive, more commonly known as the Cordelia Library (Property); and WHEREAS, Solano Economic Development Corporation (Solano EDC) entered into a lease agreement with the City on February 8, 2019, to lease a 1,891 square-foot office space in the Property (Office Space) and the First Amendment to Lease Agreement on January 20, 2022 (collectively, the Lease Agreement); and

WHEREAS, the current lease agreement is set to expire on January 30, 2023; and WHEREAS, Solano EDC wishes to extend the lease agreement for a period of 12 months until January 31, 2024; and
WHEREAS, the City wishes to extend the lease with Solano EDC.

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

Section 1. The City Council hereby approves the Second Amendment (Second Amendment) to the Lease Agreement between the City and the Solano EDC, a copy of which is attached hereto, with such non-substantive changes as may be approved by the city manager.

Section 2. The city manager is hereby authorized to execute the Second Amendment and all documents required or contemplated by the Second Amendment on behalf of the City and to give all consents and approvals contemplated thereby on behalf of the City.

Packet Page 90 of 356Attachment 1 Page 1 of 2

RES. NO. 2022-341

Page 2 ends

Section 3. The city manager is further authorized to do all things necessary and proper to implement this resolution.

PASSED AND ADOPTED this 20th day of December, 2022, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 91 of 356Attachment 1 Page 2 of 2

SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OFFAIRFIELD AND THE SOLANO ECONOMIC DEVELOPMENT CORPORATIONThis SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THECITY OF FAIRFIELD AND THE SOLANO ECONOMIC DEVELOPMENTCORPORATION ("Amendment") is made and entered into as of theday of,202 , ("Effective Date") by and between the CITYOF FAIRFIELD, Amunicipalcorporation ('City') and the SOLANO ECONOMIC DEVELOPMENTCORPORATION, a California corporation (hereinafter "Tenant').RECITALSA. City owns that certain improved real propefi located at 5050 BusinessCenter Drive, Fairfield, CA, hereinafter referred to as the "Building"'B. City and Tenant entered into a Lease Agreement dated February 8, 2019,and Second Amendment dated January 20,2022 (collectively the Lease Agreement),the lnitial Term for which continues through January 31 ,2023.C. At the expiration of the Initial Term, if Tenant is not then in default, Tenanthas the option to extend the Lease for an additional period of thirty-six (36) months'D. Tenant leases approximately 1,891 square feet of office space on thesecond floor of the Building for use as its general office and administrative functions("Office Space").E. Tenant wishes to extend the Initial Term of the Lease Agreement for anadditionaltwelve (12) months, from January 31,2023 to January 31,2024.F. The parties desire to enter into this Amendment to extend the LeaseAgreement for an additional twelve (12) months at the current rental rate of $3,973.46.AGREEMENTNOW, THEREFORE, in consideration of the mutual covenants containedherein, City and Tenant agree as follows:1. Section 3.1 of the Lease Agreement is amended, in part, to extend theexpiration date of the lnitialTerm to January 31,2024.Z. Except for the changes specifically set forth herein, all other terms andconditions of the Office Lease shall remain in full force and effect.3. The individuals executing this Amendment on behalf of City and Tenantrepresent and wanant that they are duly authorized to execute and deliver thisAmendment on behalf of City and Tenant, respectively.-l-Packet Page 92 of 356Attachment 2 Page 1 of 2

4. This Amendment may be executed in multiple counterparts each of whichsaid executed counterparts shall be deemed an originalfor all purposes.lN WITNESS WHEREOF, and intending to be legally bound hereby, City hascaused this Amendment to be executed on its behalf by a duly authorized officer, andTenant has caused this Amendment to be executed on its behalf by a duly authorizedofficer, all as of the day and year first written above.City:CITY OF FAIRFIELD, a municipalcorporationBy:Name:TitleTenant:SOLANO ECONOMIC DEVELOPMENT CORPORATION, ACalifornia coBy:Name:v^coTitle?v^esid.en* anJ CeO-2-Packet Page 93 of 356Attachment 2 Page 2 of 2

Agenda Item No: 9.

AGENDA REPORT
DATE:December 20, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022342 of the City Council of the City of Fairfield Adopting a Mitigated Negative Declaration (ER2021039) for the Sunset Avenue Apartments Project Involving 130 Apartments on Approximately 8.71Acres at the Southeast Corner of Sunset Avenue and East Tabor Avenue (APNs: 0037030200; 0037030210; 0037 060480); Finding the Proposed Annexation (ANX2021002) Of ±4.72Acres Located on Sunset Avenue (APNs: 0037060480 and 0037060490) is Consistent With the City’s General Plan and Municipal Service Review; and Requesting the Solano Local Agency Formation Commission (LAFCO) to Initiate Proceedings for the Reorganization of Territory; and
First Reading and Ordinance 202217 of the City Council of the City of Fairfield Amending Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code, also Known as the Zoning Map, Rezoning One Parcel (APN: 0037060480) on Sunset Avenue from Residential, Low Medium Density (RLM) District to Residential, Medium Density (RM) District
RECOMMENDED ACTION
Hold public hearing; adopt resolution; waive full reading, read by title only; and introduce ordinance for first reading.

STATEMENT OF ISSUE
TK Consulting, Inc. requests City Council adoption of a Mitigated Negative Declaration (ER2021039), the annexation of two parcels totaling ±4.72acres (APN: 0037060480 and 0037060490) on Sunset Avenue into the City of Fairfield, and a Zone Change from Residential, Low Medium Density (RLM) District to Residential, Medium Density (RM) District to facilitate a multifamily residential development involving 130 apartments on an 8.71acre site at the southeast corner of Sunset Avenue and East Tabor Avenue (APNs: 0037030200; 0037030210; 0037060480).

DISCUSSION
On September 28, 2022, the Planning Commission adopted Resolution No. PC202210 approving Packet Page 94 of 356

DISCUSSION
On September 28, 2022, the Planning Commission adopted Resolution No. PC202210 approving Development Review (DR2021017), a multifamily residential development involving 130 apartments on an 8.71acre site. The commission recommends the City Council’s approval of a proposed Annexation and Zone Change and adoption of a Mitigated Negative Declaration to facilitate the multifamily residential development.

General Plan/Zoning Consistency: The site has General Plan land use designations of Medium Density Residential (APN: 0037030200; 0037030210; 0037060480) and Open Space Conservation (APN: 0037060490). The project is consistent with the land use designations in that the General Plan anticipates a variety of attached residential units, such as duets, townhomes, rowhouses, condominiums, and apartments for properties with the Medium Density Residential designations and the Laurel Creek Flood Control Chanel shall remain in its form within the Open Space Conservation designation.

The project is consistent with the following General Plan Objectives:

Objective HO 1:

Provide for varied housing opportunities, in terms of type, price, amenities, neighborhood design, and location, for all income groups and family types.

Objective HO 2:

Encourage infill housing in developed areas of the City.

Objective LU 8:

Develop and maintain a pattern of residential land uses which provides for a variety and balance of densities and opportunities for a mixture of different dwelling and tenure types.

Objective LU 11:

Provide multifamily ownership and rental units in a variety of cost range dispersed throughout the City.

Objective LU 18:

Encourage infill development and compact growth.

Objective UD4:

Ensure high standards of quality in development.

Objective UD 8:

Encourage and approve infill development which is compatible with the surrounding area.

The Medium Density Residential designation is implemented by the zoning designation of RM and RLM districts. To facilitate the proposed multifamily residential development, the project requires City Council approval of a Zone Change of approximately 2.82 acres of the project site (APN: 0037060480) from RLM to RM. All the parcels that comprise the project site would then be zoned RM with an allowable density range of 8 to 15 units per acre. The project is consistent with the applicable development standards of the Zoning Ordinance, as proposed and conditioned.

Annexation:The project involves a request for the annexation of two parcels totaling ±4.72acres (APN:
0037060480 and 0037060490) into the city. The proposed parcels are an island of land currently under the jurisdiction of Solano County but situated within city limits. The annexation is necessary for the facilitation of the project and the provision of city services, such as water and sewer. To support the annexation request, the city must make the following findings. All services must be available for the annexation area, the annexation must be consistent with the City’s General Plan and Municipal Services Review, and the parcels must have a prezoning designation. The Municipal Services Review is a document approved by the Solano Local Agency Formation Commission (LAFCO) that identifies Packet Page 95 of 356

The project meets all the requirements for annexation. Full utilities and services are available to serve the annexation area. The annexation area is within the City’s Sphere of Influence and Urban Limit Line and has a General Plan designation for Medium Density Residential development and Open Space Conservation. The parcel fronting Sunset Avenue (APN: 0037060480) will be rezoned from RLM to RM to facilitate the multifamily residential development at 15 units per acre consistent with the General Plan and Zoning designations. The rear parcel (APN: 0037060490) contains the existing Laurel Creek Flood Control Channel and is not part of the project development area. With no improvements proposed, the parcel will remain consistent with the Open Space Conservation designation. Finally, the most recent Municipal Service Review approved by LAFCO identifies the proposed annexation parcels as Annexation Area “H.” The parcels are identified as an “Island Annexation” (surrounded by existing municipal boundaries), for which the City encourages annexation to promote the efficient provision of urban services and utilities. Based on these considerations, the staff concludes that the required findings can be made to support the proposed annexation.

The project will require LAFCO approval of the proposed annexation, Fairfield Suisun Sewer District annexation, Suisun Fire Protection District detachment, and Solano County Lighting Service Area detachment. As a condition of Development Review approval, project entitlements will only be valid once LAFCO approves and completes the proposed annexation into the City of Fairfield.

Environmental Review:Following a review of the project, the City prepared an Initial Study to analyze potential environmental impacts under the California Environmental Quality Act (CEQA). Based on the findings of the Initial Study, potential significant environmental impacts regarding biological resources, cultural resources, transportation, and tribal cultural resources were identified. Staff received written comments from the California Department of Toxic Substances Control (DTSC) and the California Department of Fish and Wildlife (CDFW) regarding the draft Mitigated Negative Declaration for the project. CDFW recommended changes to the mitigation measures, which were incorporated into the Mitigated Negative Declaration. DTSC did not recommend any changes to the proposed mitigation measures. All the identified environmental impacts can be reduced to insignificant levels through the implementation of the mitigation measures identified. Therefore, a Mitigated Negative Declaration and Mitigation Monitoring Plan have been prepared for the project in compliance with CEQA requirements.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The following notifications were provided for the December 20, 2022, City Council meeting: Mailed public hearing notices to all property owners within 500 feet of the project site on December 9, 2022, and published a public hearing notice in the Daily Republic newspaper on December 9, 2022. The staff has not received any correspondence at the time of this writing.

The Planning Commission held a public hearing for the project on September 28, 2022, that was duly noticed in the Daily Republic newspaper on August 29, 2022. Following the closure of the public hearing and deliberations, the commission adopted Resolution No. PC202210 on a 601 vote approving the Development Review requesting and recommending City Council approve of the Annexation and Zone Change requests.

ALTERNATIVE ACTION
The City Council may choose to deny any, or all, of the requests and not adopt the resolution and ordinance. In this case, the project, as proposed, would not proceed.

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Agenda Item No: 9.AGENDA REPORTDATE:December 20, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; andResolution 2022342 of the City Council of the City of Fairfield Adopting a MitigatedNegative Declaration (ER2021039) for the Sunset Avenue Apartments ProjectInvolving 130 Apartments on Approximately 8.71Acres at the Southeast Corner ofSunset Avenue and East Tabor Avenue (APNs: 0037030200; 0037030210; 0037060480); Finding the Proposed Annexation (ANX2021002) Of ±4.72Acres Locatedon Sunset Avenue (APNs: 0037060480 and 0037060490) is Consistent With theCity’s General Plan and Municipal Service Review; and Requesting the Solano LocalAgency Formation Commission (LAFCO) to Initiate Proceedings for theReorganization of Territory; andFirst Reading and Ordinance 202217 of the City Council of the City of FairfieldAmending Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code, also Knownas the Zoning Map, Rezoning One Parcel (APN: 0037060480) on Sunset Avenue fromResidential, Low Medium Density (RLM) District to Residential, Medium Density (RM)DistrictRECOMMENDED ACTIONHold public hearing; adopt resolution; waive full reading, read by title only; and introduce ordinance forfirst reading.STATEMENT OF ISSUETK Consulting, Inc. requests City Council adoption of a Mitigated Negative Declaration (ER2021039),the annexation of two parcels totaling ±4.72acres (APN: 0037060480 and 0037060490) on SunsetAvenue into the City of Fairfield, and a Zone Change from Residential, Low Medium Density (RLM)District to Residential, Medium Density (RM) District to facilitate a multifamily residential developmentinvolving 130 apartments on an 8.71acre site at the southeast corner of Sunset Avenue and East TaborAvenue (APNs: 0037030200; 0037030210; 0037060480).DISCUSSIONOn September 28, 2022, the Planning Commission adopted Resolution No. PC202210 approvingDevelopment Review (DR2021017), a multifamily residential development involving 130 apartmentson an 8.71acre site. The commission recommends the City Council’s approval of a proposedAnnexation and Zone Change and adoption of a Mitigated Negative Declaration to facilitate themultifamily residential development. General Plan/Zoning Consistency: The site has General Plan land use designations of Medium DensityResidential (APN: 0037030200; 0037030210; 0037060480) and Open Space Conservation(APN: 0037060490). The project is consistent with the land use designations in that the General Plananticipates a variety of attached residential units, such as duets, townhomes, rowhouses,condominiums, and apartments for properties with the Medium Density Residential designations andthe Laurel Creek Flood Control Chanel shall remain in its form within the Open Space Conservationdesignation. The project is consistent with the following General Plan Objectives:Objective HO 1: Provide for varied housing opportunities, in terms of type, price, amenities, neighborhood design,and location, for all income groups and family types.Objective HO 2: Encourage infill housing in developed areas of the City.Objective LU 8: Develop and maintain a pattern of residential land uses which provides for a variety and balanceof densities and opportunities for a mixture of different dwelling and tenure types.Objective LU 11: Provide multifamily ownership and rental units in a variety of cost range dispersed throughout theCity.Objective LU 18: Encourage infill development and compact growth. Objective UD4: Ensure high standards of quality in development.Objective UD 8: Encourage and approve infill development which is compatible with the surrounding area. The Medium Density Residential designation is implemented by the zoning designation of RM and RLMdistricts. To facilitate the proposed multifamily residential development, the project requires City Councilapproval of a Zone Change of approximately 2.82 acres of the project site (APN: 0037060480) fromRLM to RM. All the parcels that comprise the project site would then be zoned RM with an allowabledensity range of 8 to 15 units per acre. The project is consistent with the applicable developmentstandards of the Zoning Ordinance, as proposed and conditioned.Annexation:The project involves a request for the annexation of two parcels totaling ±4.72acres (APN:0037060480 and 0037060490) into the city. The proposed parcels are an island of land currentlyunder the jurisdiction of Solano County but situated within city limits. The annexation is necessary for thefacilitation of the project and the provision of city services, such as water and sewer. To support theannexation request, the city must make the following findings. All services must be available for theannexation area, the annexation must be consistent with the City’s General Plan and Municipal ServicesReview, and the parcels must have a prezoning designation. The Municipal Services Review is adocument approved by the Solano Local Agency Formation Commission (LAFCO) that identifiespotential annexations and the City’s ability to provide services to annexation areas. The project meets all the requirements for annexation. Full utilities and services are available to servethe annexation area. The annexation area is within the City’s Sphere of Influence and Urban Limit Lineand has a General Plan designation for Medium Density Residential development and Open SpaceConservation. The parcel fronting Sunset Avenue (APN: 0037060480) will be rezoned from RLM toRM to facilitate the multifamily residential development at 15 units per acre consistent with the GeneralPlan and Zoning designations. The rear parcel (APN: 0037060490) contains the existing LaurelCreek Flood Control Channel and is not part of the project development area. With no improvementsproposed, the parcel will remain consistent with the Open Space Conservation designation. Finally, themost recent Municipal Service Review approved by LAFCO identifies the proposed annexation parcelsas Annexation Area “H.” The parcels are identified as an “Island Annexation” (surrounded by existingmunicipal boundaries), for which the City encourages annexation to promote the efficient provision ofurban services and utilities. Based on these considerations, the staff concludes that the requiredfindings can be made to support the proposed annexation. The project will require LAFCO approval of the proposed annexation, Fairfield Suisun Sewer Districtannexation, Suisun Fire Protection District detachment, and Solano County Lighting Service Areadetachment. As a condition of Development Review approval, project entitlements will only be validonce LAFCO approves and completes the proposed annexation into the City of Fairfield.Environmental Review:Following a review of the project, the City prepared an Initial Study to analyzepotential environmental impacts under the California Environmental Quality Act (CEQA). Based on thefindings of the Initial Study, potential significant environmental impacts regarding biological resources,cultural resources, transportation, and tribal cultural resources were identified. Staff received writtencomments from the California Department of Toxic Substances Control (DTSC) and the CaliforniaDepartment of Fish and Wildlife (CDFW) regarding the draft Mitigated Negative Declaration for theproject. CDFW recommended changes to the mitigation measures, which were incorporated into theMitigated Negative Declaration. DTSC did not recommend any changes to the proposed mitigationmeasures. All the identified environmental impacts can be reduced to insignificant levels through theimplementation of the mitigation measures identified. Therefore, a Mitigated Negative Declaration andMitigation Monitoring Plan have been prepared for the project in compliance with CEQA requirements.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe following notifications were provided for the December 20, 2022, City Council meeting: Mailedpublic hearing notices to all property owners within 500 feet of the project site on December 9, 2022,and published a public hearing notice in the Daily Republic newspaper on December 9, 2022. The staffhas not received any correspondence at the time of this writing.The Planning Commission held a public hearing for the project on September 28, 2022, that was dulynoticed in the Daily Republic newspaper on August 29, 2022. Following the closure of the publichearing and deliberations, the commission adopted Resolution No. PC202210 on a 601 voteapproving the Development Review requesting and recommending City Council approve of theAnnexation and Zone Change requests.ALTERNATIVE ACTIONThe City Council may choose to deny any, or all, of the requests and not adopt the resolution and ordinance. In this case, the project, as proposed, would not proceed.

STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 4287387
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Fire Department, Public Works Department ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Mitigated Negative Declaration
Exhibit B Annexation Exhibit
Proposed Ordinance
Exhibit C Zoning Exhibit
Attachment 1 Planning Commission Resolution PC202210_Minutes_Staff Report _ Agency Comment Letters
REVIEWERS:

Reviewer Action Date
Feinstein, David Approved 12/5/2022 7:32 PM
Beavers, Esther Approved 12/6/2022 10:39 AM
Beavers, Esther Approved 12/6/2022 10:44 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-342

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING A MITIGATED NEGATIVE DECLARATION (ER2021-039) FOR THE SUNSET AVENUE APARTMENTS PROJECT INVOLVING 130 APARTMENTS ON APPROXIMATELY 8.71-ACRES AT THE SOUTHEAST CORNER OF SUNSET AVENUE AND EAST TABOR AVENUE (APNs: 0037-030-200; 0037-030-210; 0037- 060-480); FINDING THE PROPOSED ANNEXATION (ANX2021-002) OF ±4.72-ACRES LOCATED ON SUNSET AVENUE (APNS: 0037-060-480 AND 0037-060-490) CONSISTENT WITH THE CITY’S GENERAL PLAN AND MUNICIPAL SERVICE REVIEW; AND REQUESTING THE SOLANO LOCAL

AGENCY FORMATION COMMISSION (LAFCO) TO INITIATE PROCEEDINGS FOR THE

REORGANIZATION OF TERRITORY

WHEREAS, on September 29, 2021, Annexation (ANX2021-002), Zone Change (ZC2021-006), Development Review (DR2021-017), and Environmental Review (ER2021-039) applications for a proposed multifamily residential development involving 130 apartments and annexation of two parcels (APNs: 0037-060-480 and 0037-060-490) into Fairfield City limits and Zone Change from Residential, Low Medium Density (RLM) District to Residential, Medium Density (RM) District located at the southeast corner of Sunset Avenue and East Tabor Avenue (APNs: 0037 -030-200; 0037-030-210; and 0037-060-480) (Project) were properly filed with the Community Development Department in accordance with the rules and regulations governing the official filing of such applications; and

WHEREAS, the Planning Commission held a duly noticed public hearing on September 28, 2022.

City staff presented substantial factual information regarding the proposed Project in staff reports and through oral presentations before the commission, and the commission considered all public testimony and information presented during the public hearin g regarding this application; and

WHEREAS, the City Council has held a duly noticed public hearing for the proposed Mitigated Negative Declaration and Annexation requests on December 6, 2022; and

WHEREAS, the Mitigated Negative Declaration has been prepared for the Project that satisfies the requirements of the California Environmental Quality Act (CEQA); and

WHEREAS, the Mitigated Negative Declaration prepared for the Project applies to the City Council’s actions as well as the Project’s actions during the public hearing of the Planning Commission on September 28, 2022; and

WHEREAS, the council has determined the following findings exist in support of the Annexation request:

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RES. NO. 2022-342

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(a) The proposed annexation is consistent with the goals, policies, and objectives of the General Plan. The Project site has a General Plan land use designation of Medium Density Residential and Open Space Conservation, including the 4.72 acres of land to be annexed into Fairfield City limits. The annexation of the subject parcels is necessary to facilitate the Project and provide City services, such as water and service. The Project is consistent with this land use designation in that the General Plan anticipates a variety of attached residential units, such as duet s, townhomes, rowhouses, condominiums, and apartments for properties with the Medium Density Residential designations and the Laurel Creek Flood Control Chanel shall remain in its form within the Open Space Conservation designation. The Project is consistent with the following General Plan Objectives: Objective HO 1: Provide for varied housing opportunities, in terms of type, price, amenities, neighborhood design, and location, for all income groups and family types; Objective HO 2: Encourage infill housing in developed areas of the City; Objective LU 8: Develop and maintain a pattern of residential land uses which provides for a variety and balance of densities and opportunities for a mixture of different dwelling and tenure types; Objective LU 11: Provide multi-family ownership and rental units in a variety of cost ranges dispersed throughout the City; Objective LU 18: Encourage infill development and compact growth; Objective UD4: Ensure high standards of quality in development; and Objective UD 8:

Encourage and approve infill development which is compatible with the surrounding area.

Overall, the Project is consistent with each of these General Plan Objectives . The Project provides 130 large market-rate rental units on an infill site. The residential buildings that comprise the Project site are sited in a compact manner with a high-quality design of the Spanish Colonial architectural style.

(b) The proposed annexation would not be detrimental to the public interest, health, safety, or welfare of the city. Annexation of the subject parcels would not be detrimental to the public interest, health, safety, or welfare of the city. The parcel fronting Sunset Avenue (APN: 0037- 060-480) will be incorporated into a proposed multifamily residential development with 130 units following the annexation into the City of Fairfield. The rear parcel (APN: 0037-060-490) contains the existing Laurel Creek Flood Control Channel and is not part of th e Project development area. The Project will be subject to a collection of development standards and conditions of approval to ensure that it is constructed in a manner that does not endanger the public interest, health, or the general welfare of Fairfield.

(c) The proposed annexation is consistent with the 2012 Municipal Service Review. The subject parcels are within the City of Fairfield Sphere of Influence, and it has been analyzed in the most recent 2012 Municipal Service Review (MSR). The MSR identifies the site as Annexation Area “H,” an “Island Annexation,” for which the City and LAFCO encourage annexation to promote the efficient provision of urban services and utilities. The Project will require LAFCO approval of the proposed annexation. Therefore, the Project approvals shall not be valid unless and until LAFCO approves and completes the proposed annexation into the City of Fairfiel d; and Packet Page 99 of 356Attachment 1 Page 2 of 3

RES. NO. 2022-342

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WHEREAS, the council desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization which would annex territory to the City of Fairfield.

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

Section 1. The Mitigated Negative Declaration, as contained in Exhibit A, is hereby adopted.

Section 2. The annexation of the property described in Exhibit B is hereby found consistent with the General Plan and Municipal Service Review. The Solano LAFCO is hereby requested to take proceedings for the annexation of territory, as authorized, in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

PASSED AND ADOPTED this 20th day of December, 2022, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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MITIGATED NEGATIVE DECLARATION
(ANX2021-002)
LEAD AGENCY: City of Fairfield
NAME OF PROJECT: Sunset Avenue Apartments
FILE NUMBER: ANX2021-002, ZC2021-006, DR2021-017, and ER2021-039 PROJECT SPONSOR: TK Consulting, Inc.

PROJECT LOCATION: Southeast Corner of Sunset Avenue and East Tabor Avenue PROJECT DESCRIPTION: Multifamily residential development involving 130 apartments on an

8.71-acre site. The apartments will be sited within 26 buildings and include 90 two-bedroom units and 40 three-bedroom units. The residential buildings will range in height from two to three stories. The development will include a leasing office with an approximate floor area of 2,550 square feet and will be a single-story building. There will be 296 vehicle parking spaces: two garage spaces will be available for each unit and 36 spaces for guests. 1776 Sunset Avenue (APN:
0037-060-480) will require City Council approval of an annexation into Fairfield City limits and a Zone Change from Residential, Low Medium Density (RLM) District to Residential, Medium Density (RM) District.

SURROUNDING LAND USES AND SETTING: Three parcels of land comprise the 8.71-acre project site at the southeast corner of Sunset Avenue and East Tabor Avenue. The project site is bounded by East Tabor Avenue to the north, Sunset Avenue to the west, and the Laurel Creek Flood Control Channel to the east. There are existing developments that surround the project site, including multifamily residences and an office to the north, multifamily and single-family residences to the west, single-family residences to the south, and Grange Middle School to the east. The project site is largely characterized by undeveloped land, a relict channel with seasonal wetlands, and vegetation. The southernmost portion of the project site includes a vacant single-family residence, concrete slab, asphalt, well, and a collection of trees that will be demolished as part of the project.

ENVIRONMENTAL EFFECTS: Based upon an initial study prepared for the project, it has been determined that the project may have the following significant environmental impacts, but with the mitigation measures, the potential impacts will be avoided or reduced to insignificant levels.

Potentially significant impacts were identified in the Initial Study for the following environmental topic areas: Biological Resources; Cultural Resources; Noise; Transportation; and Tribal Cultural Resources. Mitigation measures have been included in the Initial Study as follows.

EXHIBIT A
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Mitigation Measure BIO-1

Burrowing Owl Surveys. A qualified biologist shall conduct a habitat assessment and surveys, if warranted based on the habitat assessment, following the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012) methodology. The habitat assessment and surveys shall encompass the Project area and a sufficient buffer zone to detect owls nearby that may be impacted. Habitat assessments and surveys shall occur each year of Project construction, as conditions may change annually and suitable refugia for burrowing owl, such as small mammal burrows, can be created within a few hours or days. Time lapses between surveys or Project activities shall trigger subsequent surveys including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist should have a minimum of two years of experience of implementing the above methodology (or work under the supervision of a qualified biologist with a minimum of two years). Any detected burrowing owls shall be avoided pursuant to the buffer distances outlined in the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012), unless otherwise approved in writing by CDFW.

Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012) https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843&inline

Mitigation Measure BIO-2

Burrowing Owl Foraging Habitat Mitigation. Impacts to burrowing owl foraging habitat shall be mitigated as described in Mitigation Measure BIO-1 above.

Mitigation Measure BIO-3

Burrowing Owl Burrow Mitigation. If the project would impact an unoccupied nesting burrowing owl burrow or burrow surrogate (i.e., a burrow known to have been used in the past three years for nesting), or an occupied burrow (where a non-nesting owl would be evicted as described below), the following habitat mitigation shall be implemented prior to project construction.

Impacts to each nesting site shall be mitigated by permanent preservation of two occupied nesting sites with appropriate foraging habitat within Solano County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. The same requirements shall apply for impacts to non-nesting evicted owl sites. The project may implement alternative methods for preserving habitat with written acceptance from CDFW.

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Mitigation Measure BIO-4

Swainson’s Hawk Surveys and Avoidance Buffer. If project activities are scheduled during the nesting season for Swainson’s hawks (March 1 to September 15), prior to beginning work on the project, a qualified biologist shall conduct surveys according to the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. Survey methods shall be closely followed by starting early in the nesting season (late March to early April) to maximize the likelihood of detecting an active nest (nests, adults, and chicks are more difficult to detect later in the growing season because trees become less transparent as vegetation increases). Surveys shall be conducted: 1) within a minimum 0.25-mile radius of the project site or a larger area if needed to identify potentially impacted active nests, and 2) for at least the two survey periods immediately prior to initiating project-related construction activities. Surveys shall occur annually for the duration of the project. The qualified biologist shall have a minimum of two years of experience implementing the survey methodology resulting in detections (or work under the supervision of a qualified biologist with a minimum of two years). If active Swainson’s hawk nests are detected, the project shall implement a 0.25-mile construction avoidance buffer around the nest until the nest is no longer active as determined by a qualified biologist. If take of Swainson’s hawk cannot be avoided, the project shall consult with CDFW pursuant to CESA and obtain an ITP. CDFW Bay Delta Region staff is available to provide guidance on the ITP application process.

Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83990&inline

Mitigation Measure BIO-5

Swainson’s Hawk Foraging Habitat Mitigation. Impacts to Swainson’s hawk foraging habitat shall be quantified by a qualified biologist based on the final project design plans, and the project shall obtain written acceptance of the acreage of habitat impacts from CDFW. Consistent with the draft Solano HCP, prior to project construction, the project shall provide Swainson’s hawk foraging habitat mitigation at a 1:1 ratio which shall include: 1) permanent preservation of the species’ foraging habitat through a conservation easement and implementing and funding a long- term management plan in perpetuity, or 2) purchase of Swainson’s hawk foraging habitat credits at a mitigation bank approved by CDFW.

Mitigation Measure BIO-6

Pre-activity Survey - Townend’s Big-eared Bat. If onsite structure demolition is anticipated, a pre-activity survey shall be conducted to determine Townend’s Big-eared Bat presence (day Packet Page 103 of 356Attachment 2 Page 3 of 94

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 MND 2022-12-06.docx roosting). If bats are present within the structure, then bat exclusion methods will be incorporated into demolition activities. Pre-activity field surveys shall be conducted early in the breeding season before any construction activities begin, when bats are establishing maternity roosts but before pregnant females give birth (typically late spring to early summer). If no roosting bats are found, then no further mitigation is required. If roosting bats are found, then disturbance of the maternity roosts shall be avoided by halting construction until the end of the breeding season or a qualified bat biologist excludes the roosting bats in consultation with the California Department of Fish and Wildlife. If at any time during the maternity roosting season construction stops for a period of two weeks or longer, preconstruction surveys shall be conducted prior to construction resuming.

Mitigation Measure BIO-7

Aquatic Resources Delineation. Prior to project implementation, an aquatic resources delineation shall be completed within the project site to refine the limits of potentially jurisdictional wetlands and waters of the U.S. and determine whether these areas are subject to Army Corps of Engineers (ACOE) jurisdiction. The delineation shall be verified by the Army Corps of Engineers.

Mitigation Measure BIO-8

Permitting. The applicant shall obtain all necessary permits for waters of the United States and wetlands impacts. The Preliminary Aquatic Resources Delineation Report prepared by Padre Associates and dated October 2021 completed for the project identified potentially federal and state jurisdictional waters and wetlands. Following Army Corps of Engineers verification of the Preliminary Aquatic Resources Delineation, an Army Corps of Engineers Nationwide permit and a Water Quality Certification from the Regional Water Quality Control Board will be required. A California Department of Fish and Wildlife Lake and Streambed Alteration permit and a Central Valley Flood Protection Board Encroachment Permit must be obtained prior to project implementation. Project activities shall comply with agency permit conditions to further reduce potential impacts to special-status species and sensitive habitats.

Mitigation Measure BIO-9

Aquatic Resources Mitigation. The applicant shall comply with all permit conditions and impacts to waters of the United States and wetlands shall be mitigated pursuant to permit conditions.

Compensatory mitigation must be consistent with the permit requirements pertaining to mitigation type, location, and ratios but will be accomplished with a minimum of 1:1 replacement ratio. Additionally, mitigation must be consistent with any local polices regarding impacts and/or loss of wetlands.

As mitigation for impacts to waters of the United States and wetlands, the applicant may satisfy all or a portion of mitigation through the purchase of “credits” at a mitigation bank approved by the Army Corps of Engineers, Regional Water Quality Control Board, and/or California Packet Page 104 of 356Attachment 2 Page 4 of 94

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Mitigation Measure BIO-10

Wetland Habitat Mitigation Plan. As part of the permitting process, the applicant will be required to provide a compensatory Wetland Habitat Mitigation Plan (Plan) to mitigate impacts to jurisdictional areas. The Plan shall be written and implemented by a biologist familiar with wetland mitigation strategies employed in the Solano County region. Because the project is designed to infill the entire property, no on-site restoration is possible. Therefore, alternative mitigation strategies will focus of off-site mitigation or purchase conservation credits at an approved mitigation site.

Mitigation Measure BIO-11

If the project is anticipated to take place during nesting season (March 1 through August 31), then a qualified biologist shall conduct a nesting bird pre-activity survey within 48 hours of project start. If an active nest is identified on or within 300 feet of the project Site during the pre- activity survey or any time during project activities, an appropriate work exclusion buffer of 75+ feet for migratory bird species and 300+ feet for non-listed raptor species, or a distance at the discretion of the biologist based on biological or ecological reasons, shall be established around the nest.

Depending on conditions specific to each nest, and the relative location and rate of construction activities, it may be feasible for construction to occur as planned within the buffer without impacting the breeding effort. In this case (to be determined on a case-by-case basis), the nest(s) shall be monitored by a qualified biologist during construction within the buffer. However, if it is an active raptor nest, the project proponent shall first notify the California Department of Fish and Wildlife for consultation to determine the feasibility of continuing work within the standard 300+-foot buffer. Work will start within the buffer only after approval from California Department of Fish and Wildlife. In the case of other active nests (non-raptor species), the biologist shall determine whether project activities within the buffer would impact the nest, and if so, shall immediately inform the construction manager to stop work within the designated buffer. The qualified biologist shall monitor the nest until it is no longer active and/or the young have fledged and will notify the construction manager and project proponent that work may start within the buffer.

Mitigation Measure BIO-12

Native Tree Mitigation Plan. Prior to grading permit issuance, a Native Tree Mitigation Plan shall be prepared and submitted for City approval. The Native Tree Mitigation Plan shall address the native oaks where grading, construction, utility installation or other disturbance (including removal) occurs within the dripline, and shall incorporate the following information in compliance with the Tree Protection Ordinance:

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• Whether the mitigation plan replaces the environmental, cultural, aesthetic, or other values of the lost trees.

• Evaluation of the availability of land, either on-site or off-site, for mitigation planting.

• Survivability, size, and value of the proposed replacement trees.

• Provisions for maintenance and survival of the replacement trees.

• Determine the number of replacement plantings by using the DBH of the tree proposed for removal, measured at breast height (4-1/2 feet above the normal surface). Inches of replacement may be translated into standard nursery planting sizes using the following formulas:

 24-inch boxed tree = 3 replacement inches.
 15-gallon tree = 1 replacement inch.
 5-gallon tree = ½ replacement inch.

Cultural Resources

Mitigation Measure CR-1

If prehistoric archaeological resources are discovered during grading and trenching activities, work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to evaluate the finds and make recommendations for mitigation to be followed by the applicant.

Adverse effects to such deposits shall be avoided. If such deposits cannot be avoided, it shall be determined, by a qualified archaeologist or equally qualified professional, whether they qualify as historical or unique archaeological resources under the California Environmental Quality Act.

If the deposits are not eligible, avoidance is not necessary. If they are eligible, they shall be avoided, or, if avoidance is not feasible, the adverse effects shall be mitigated.

Mitigation may include, but is not limited to, thorough recording on Department of Parks and Recreation form 523 records (DPR523) or data recovery excavation. If data recovery excavation is selected, the excavation shall be guided by a data recovery plan prepared and adopted prior to beginning the data recovery work, and a report of findings shall be submitted to the City of Fairfield and the Northwest Information Center (NWIC) (California Code of Regulations Title 14(3) 15126.(b)(3)(C)).

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Mitigation Measure NOI-1

The construction contractor shall ensure that noise and groundborne vibration construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses . These activities shall be located in the southeast quadrant of the project site, as feasible.

Mitigation Measure NOI-2

The construction contractor shall ensure that barriers such as plywood structures or flexible sound control curtains shall be erected between the proposed project and adjacent sensitive receptors to minimize the amount of noise during construction. These temporary sound barriers shall be capable of achieving a sound attenuation of at least 12 dBA and block the line-of-sight between the project site and these adjacent land uses. This specification shall be included on all project plans.

Mitigation Measure NOI-3

The construction contractor shall ensure the use of power construction equipment with noise shielding and muffling devices capable of attenuating sound by 3 dBA or more. This specification shall be included on all project plans.

Mitigation Measure NOI-4

The construction staging area shall be as far from sensitive receptors as possible. Staging shall occur in the along the eastern portion of the project site, where feasible.

Mitigation Measure NOI-5

The construction contractor shall ensure that no less than two weeks prior to commencement of construction, notification shall be provided to the off-site residential, school, and church uses within 500 feet of the project site that discloses the construction schedule, including the types of activities and equipment that would be used throughout the duration of the construction period.

Contact information shall also be posted where readily visible to the public.

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Mitigation Measure TRA-1

The project shall provide pedestrian network improvements throughout the project site inclusive of paseos and walkways. In addition, the project shall plant street trees and provide open space improvements that will aide in pedestrian connectivity. All proposed pedestrian improvement related Vehicle Miles Traveled reduction measures shall be approved by the City’s Traffic Engineer.

Mitigation Measure TRA-2

The project site is located near multiple Fairfield Fast Transit bus stops including a stop located at the southwest corner of the Sunset Avenue and East Tabor Avenue intersection. The developer shall provide a commute trip reduction program to its residents (voluntary participation) to further reduce Vehicle Miles Traveled impacts. The commute trip reduction program shall be reviewed and approved by the City’s Traffic Engineer.

Tribal Cultural Resources

Mitigation Measure TCR-1

Due to the possibility of archeological resources on the project site, the City of Fairfield shall require a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources, including prehistoric Native American burials.

Prior to groundbreaking, construction personnel associated with earth moving equipment, drilling, grading, and excavating, shall be provided with basic archaeological and cultural sensitivity training conducted by a qualified archaeologist and in consultation with the Yocha Dehe Wintun Nation. Issues that shall be included in the basic training will be geared toward training the applicable construction crews in the identification of archaeological deposits and tribal cultural resources. Training will include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological deposits and the proper procedures to follow should a resource be identified.

Mitigation Measure TCR-2

If archaeological remains or tribal cultural resources are uncovered, all construction activities within a 100-foot radius shall be halted immediately until a qualified archaeologist, in consultation with the tribal monitor, can evaluate whether the resource requires further study.

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Mitigation Measure TCR-3

The treatment of human remains and any associated or unassociated funerary objects discovered during any soil-disturbing activity within the project site shall comply with applicable State laws.

This shall include immediate notification of the Solano County Coroner and the City of Fairfield of the discovery of any human remains.

In the event of the Coroner's determination that the human remains are Native American, the coroner must contact the NAHC within 24 hours. The NAHC shall identify a Most Likely Descendant of the deceased Native American (Public Resources Code Section 5097.98). The Most Likely Descendant may then make recommendations to the landowner or the person responsible for the excavation work, for the means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Development activity on the impacted site will halt until the landowner has conferred with the Most Likely Descendant about their recommendations for treatment of the remains, and the coroner has determined that the remains are not subject to investigation under California Government Code Section 27491.

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DETERMINATION: On December 6, 2022, the City Council of the City of Fairfield determined that the proposed project, as submitted, will not have a significant effect on the environment, including any adverse effect, either individually or cumulatively on wildlife resources.

The Initial Study was prepared by the Community Development Department, City of Fairfield. A copy of the Initial Study is attached. Additional information may be obtained at the Community Development Department, Fairfield City Hall, 1000 Webster Street, Second Floor, Fairfield, California 94533.

______________________________
MAYOR

ATTEST:

______________________________

CITY CLERK

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 MMRP 2022-12-06.docx NAME OF PROJECT: SUNSET AVENUE APARTMENTS

MITIGATION MONITORING PROGRAM AND COMPLIANCE RECORD
FILE NO.: ANX2021-002_____________________________ INITIAL STUDY PREPARED BY: JONATHAN ATKINSON________ DATE: DECEMBER 6, 2022___________________________ APPLICANT: TK CONSULTING, INC._______________________

MITIGATION PLAN COMPLIANCE RECORD

MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
Mitigation
Measure BIO-1
Community
Development
Burrowing Owl Surveys. A qualified biologist shall conduct a habitat assessment and surveys, if warranted based on the habitat assessment, following the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012) methodology. The habitat assessment and surveys shall encompass the project area and a sufficient buffer zone to detect owls nearby that may be impacted. Habitat assessments and surveys shall occur each year of project construction, as conditions may change annually and suitable refugia for burrowing owl, such as small mammal burrows, can be created within a few hours or days. Time lapses between surveys or Project activities shall trigger subsequent surveys including but not limited to a final survey within 24 hours prior to ground disturbance. The qualified biologist should have a minimum of two years of experience of implementing the above methodology (or work under the supervision of a qualified biologist with a minimum of two years). Any detected burrowing owls shall be avoided pursuant to the buffer distances outlined in the Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012), unless otherwise approved in writing by CDFW.

Department of Fish and Game Staff Report on Burrowing Owl Mitigation (2012)
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843&inline

Prior to issuance of a
grading permit

Mitigation
Measure BIO-2
Community
Development
Burrowing Owl Foraging Habitat Mitigation. Impacts to burrowing owl foraging habitat shall be mitigated as described in Mitigation Measure BIO- 1 above.

Prior to issuance of a
grading permit

Mitigation
Measure BIO-3
Community
Development
Burrowing Owl Burrow Mitigation. If the project would impact an unoccupied nesting burrowing owl burrow or burrow surrogate (i.e., a burrow known to have been used in the past three years for nesting), or an occupied burrow (where a non-nesting owl would be evicted as described below), the following habitat mitigation shall be implemented prior to project construction. Impacts to each nesting site shall be mitigated by permanent preservation of two occupied nesting sites with appropriate foraging habitat within Solano County, unless otherwise approved by CDFW, through a conservation easement and implementing and funding a long-term management plan in perpetuity. The same requirements shall apply for impacts to non-nesting evicted owl sites. The Prior to issuance of a
grading permit

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
project may implement alternative methods for preserving habitat with written acceptance from CDFW.

CDFW does not consider exclusion of burrowing owls (i.e., passive removal of an owl from its burrow or other shelter) as a “take” avoidance, minimization, or mitigation measure for the reasons outlined below. The long-term demographic consequences of exclusion techniques have not been thoroughly evaluated, and the survival rate of excluded owls is unknown. Burrowing owls are dependent on burrows at all times of the year for survival or reproduction, therefore eviction from nesting, roosting, overwintering, and satellite burrows or other sheltering features may lead to indirect impacts or “take” which is prohibited under Fish and Game Code section 3503.5. All possible avoidance and minimization measures should be considered before temporary or permanent exclusion and closure of burrows is implemented to avoid “take.”

Mitigation
Measure BIO-4
Responsible
Permitting
Agencies and
Community
Development
(for verification)
Swainson’s Hawk Surveys and Avoidance Buffer. If project activities are scheduled during the nesting season for Swainson’s hawks (March 1 to September 15), prior to beginning work on the project, a qualified biologist shall conduct surveys according to the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. Survey methods shall be closely followed by starting early in the nesting season (late March to early April) to maximize the likelihood of detecting an active nest (nests, adults, and chicks are more difficult to detect later in the growing season because trees become less transparent as vegetation increases). Surveys shall be conducted: 1) within a minimum

0.25-mile radius of the project site or a larger area if needed to identify potentially impacted active nests, and 2) for at least the two survey periods immediately prior to initiating project-related construction activities.

Surveys shall occur annually for the duration of the Project. The qualified biologist shall have a minimum of two years of experience implementing the survey methodology resulting in detections (or work under the supervision of a qualified biologist with a minimum of two years). If active Swainson’s hawk nests are detected, the project shall implement a 0.25- mile construction avoidance buffer around the nest until the nest is no longer active as determined by a qualified biologist. If take of Swainson’s hawk cannot be avoided, the project shall consult with CDFW pursuant to CESA and obtain an ITP. CDFW Bay Delta Region staff is available to provide guidance on the ITP application process.

Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83990&inline

Prior to issuance of a
grading permit

Mitigation
Measure BIO-5
Responsible
Permitting
Agencies and
Community
Swainson’s Hawk Foraging Habitat Mitigation. Impacts to Swainson’s hawk foraging habitat shall be quantified by a qualified biologist based on the final project design plans, and the project shall obtain written acceptance of the acreage of habitat impacts from CDFW. Consistent with the draft Solano HCP, prior to project construction, the Project shall Prior to issuance of a
grading permit

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
Development
(for verification)
provide Swainson’s hawk foraging habitat mitigation at a 1:1 ratio which shall include: 1) permanent preservation of the species’ foraging habitat through a conservation easement and implementing and funding a long- term management plan in perpetuity, or 2) purchase of Swainson’s hawk foraging habitat credits at a mitigation bank approved by CDFW.

Mitigation
Measure BIO-6
Community
Development
Pre-activity Survey - Townend’s Big-eared Bat. If onsite structure demolition is anticipated, a pre-activity survey shall be conducted to determine Townend’s Big-eared Bat presence (day roosting). If bats are present within the structure, then bat exclusion methods will be incorporated into demolition activities. Pre-activity field surveys shall be conducted early in the breeding season before any construction activities begin, when bats are establishing maternity roosts but before pregnant females give birth (typically late spring to early summer). If no roosting bats are found, then no further mitigation is required. If roosting bats are found, then disturbance of the maternity roosts shall be avoided by halting construction until the end of the breeding season or a qualified bat biologist excludes the roosting bats in consultation with the California Department of Fish and Wildlife. If at any time during the maternity roosting season construction stops for a period of two weeks or longer, preconstruction surveys shall be conducted prior to construction resuming.

Prior to issuance of a
grading permit

Mitigation
Measure BIO-7
Community
Development
Aquatic Resources Delineation. Prior to project implementation, an aquatic resources delineation shall be completed within the project site to refine the limits of potentially jurisdictional wetlands and waters of the U.S. and determine whether these areas are subject to Army Corps of Engineers (ACOE) jurisdiction. The delineation shall be verified by the Army Corps of Engineers.

Prior to issuance of a
grading permit

Mitigation
Measure BIO-8
Responsible
Permitting
Agencies and
Community
Development
(for verification)
Permitting. The applicant shall obtain all necessary permits for waters of the United States and wetlands impacts. The Preliminary Aquatic Resources Delineation Report prepared by Padre Associates and dated October 2021 completed for the project identified potentially federal and state jurisdictional waters and wetlands. Following Army Corps of Engineers verification of the Preliminary Aquatic Resources Delineation, an Army Corps of Engineers Nationwide permit and a Water Quality Certification from the Regional Water Quality Control Board will be required. A California Department of Fish and Wildlife Lake and Streambed Alteration permit and a Central Valley Flood Protection Board Encroachment Permit must be obtained prior to project implementation.

Project activities shall comply with agency permit conditions to further reduce potential impacts to special-status species and sensitive habitats.

Prior to issuance of a
grading permit

Mitigation
Measure BIO-9
Responsible
Permitting
Agencies and
Community
Aquatic Resources Mitigation. The applicant shall comply with all permit conditions and impacts to waters of the United States and wetlands shall be mitigated pursuant to permit conditions. Compensatory mitigation must be consistent with the permit requirements pertaining to mitigation Prior to issuance of a
grading permit

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
Development
(for verification)
type, location, and ratios but will be accomplished with a minimum of 1:1 replacement ratio. Additionally, mitigation must be consistent with any local polices regarding impacts and/or loss of wetlands.

Mitigation
Measure BIO-10
Responsible
Permitting
Agencies,
Community
Development
(for verification)
Wetland Habitat Mitigation Plan. As part of the permitting process, the applicant will be required to provide a compensatory Wetland Habitat Mitigation Plan (Plan) to mitigate impacts to jurisdictional areas. The Plan shall be written and implemented by a biologist familiar with wetland mitigation strategies employed in the Solano County region. Because the project is designed to infill the entire property, no on-site restoration is possible. Therefore, alternative mitigation strategies will focus of off-site mitigation or purchase conservation credits at an approved mitigation site.

Prior to issuance of a
grading permit

Mitigation
Measure BIO-11
Community
Development
If the project is anticipated to take place during nesting season (March 1 through August 31), then a qualified biologist shall conduct a nesting bird pre-activity survey within 48 hours of project start. If an active nest is identified on or within 300 feet of the project Site during the pre-activity survey or any time during project activities, an appropriate work exclusion buffer of 75+ feet for migratory bird species and 300+ feet for non-listed raptor species, or a distance at the discretion of the biologist based on biological or ecological reasons, shall be established around the nest.

In this case (to be determined on a case-by-case basis), the nest(s) shall be monitored by a qualified biologist during construction within the buffer.

However, if it is an active raptor nest, the project proponent shall first notify the California Department of Fish and Wildlife for consultation to determine the feasibility of continuing work within the standard 300+-foot buffer. Work will start within the buffer only after approval from California Department of Fish and Wildlife. In the case of other active nests (non- raptor species), the biologist shall determine whether project activities within the buffer would impact the nest, and if so, shall immediately inform the construction manager to stop work within the designated buffer. The qualified biologist shall monitor the nest until it is no longer active and/or the young have fledged and will notify the construction manager and project proponent that work may start within the buffer.

Prior to issuance of a
grading or building
permit, whichever
occurs first

Mitigation
Measure BIO-12
Community
Development
Native Tree Mitigation Plan. Prior to grading permit issuance, a Native Tree Mitigation Plan shall be prepared and submitted for City approval.

Prior to issuance of a
grading permit

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
The Native Tree Mitigation Plan shall address the native oaks where grading, construction, utility installation or other disturbance (including removal) occurs within the dripline, and shall incorporate the following information in compliance with the Tree Protection Ordinance:

• Survivability, size, and value of the proposed replacement trees.

• Provisions for maintenance and survival of the replacement trees.

 24-inch boxed tree = 3 replacement inches.
 15-gallon tree = 1 replacement inch.
 5-gallon tree = ½ replacement inch.

Mitigation
Measure CR-1
Community
Development
If prehistoric archaeological resources are discovered during grading and trenching activities, work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to evaluate the finds and make recommendations for mitigation to be followed by the applicant. Adverse effects to such deposits shall be avoided. If such deposits cannot be avoided, it shall be determined, by a qualified archaeologist or equally qualified professional, whether they qualify as historical or unique archaeological resources under the California Environmental Quality Act.

If the deposits are not eligible, avoidance is not necessary. If they are eligible, they shall be avoided, or, if avoidance is not feasible, the adverse effects shall be mitigated.

During grading
activates

Mitigation
Measure NOI-1
Community
Development
The construction contractor shall ensure that noise and groundborne vibration construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration-sensitive land uses, and natural and/or manmade During grading and
construction activities

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses . These activities shall be located in the southeast quadrant of the project site, as feasible.

Mitigation
Measure NOI-2
Community
Development
The construction contractor shall ensure that barriers such as plywood structures or flexible sound control curtains shall be erected between the proposed project and adjacent sensitive receptors to minimize the amount of noise during construction. These temporary sound barriers shall be capable of achieving a sound attenuation of at least 12 dBA and block the line-of-sight between the project site and these adjacent land uses. This specification shall be included on all project plans.

During grading and
construction activities

Mitigation
Measure NOI-3
Community
Development
The construction contractor shall ensure the use of power construction equipment with noise shielding and muffling devices capable of attenuating sound by 3 dBA or more. This specification shall be included on all project plans.

During grading and
construction activities

Mitigation
Measure NOI-4
Community
Development
The construction staging area shall be as far from sensitive receptors as possible. Staging shall occur in the along the eastern portion of the project site, where feasible.

During grading and
construction activities

Mitigation
Measure NOI-5
Community
Development
The construction contractor shall ensure that no less than two weeks prior to commencement of construction, notification shall be provided to the off-site residential, school, and church uses within 500 feet of the project site that discloses the construction schedule, including the types of activities and equipment that would be used throughout the duration of the construction period. Contact information shall also be posted where readily visible to the public.

During grading and
construction activities

Mitigation
Measure TRA-1
Public Works and
Community
Development
The project shall provide pedestrian network improvements throughout the project site inclusive of paseos and walkways. In addition, the project shall plant street trees and provide open space improvements that will aide in pedestrian connectivity. All proposed pedestrian improvement related Vehicle Miles Traveled reduction measures shall be approved by the City’s Traffic Engineer.

Prior to issuance of a
grading permit

Mitigation
Measure TRA-2
Public Works and
Community
Development
The project site is located near multiple Fairfield Fast Transit bus stops including a stop located at the southwest corner of the Sunset Avenue and East Tabor Avenue intersection. The developer shall provide a commute trip reduction program to its residents (voluntary participation) to further reduce Vehicle Miles Traveled impacts. The commute trip reduction program shall be reviewed and approved by the City’s Traffic Engineer.

Prior to occupancy
Mitigation
Measure TCR-1
Community
Development
Due to the possibility of archeological resources on the project site, the City of Fairfield shall require a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources, including prehistoric Native American burials.

Prior to groundbreaking, construction personnel associated with earth moving equipment, drilling, grading, and excavating, shall be provided with Prior to grading
activities

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
basic archaeological and cultural sensitivity training conducted by a qualified archaeologist and in consultation with the Yocha Dehe Wintun Nation. Issues that shall be included in the basic training will be geared toward training the applicable construction crews in the identification of archaeological deposits and tribal cultural resources. Training will include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological deposits and the proper procedures to follow should a resource be identified.

Mitigation
Measure TCR-2
Community
Development
If archaeological remains or tribal cultural resources are uncovered, all construction activities within a 100-foot radius shall be halted immediately until a qualified archaeologist, in consultation with the tribal monitor, can evaluate whether the resource requires further study. The City shall require that the applicant include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement.

Any previously undiscovered archaeological resources are found during construction shall be recorded on appropriate Department of Parks and Recreation forms and evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist. Prehistoric archaeological site indicators include but are not limited to: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire-affected stones.

Historic period site indicators generally include but are not limited to:
fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps). If the resource is determined to be significant under the California Environmental Quality Act, the City and a qualified archaeologist shall determine whether preservation in place is feasible. Such preservation in place is the preferred mitigation. If such preservation is infeasible, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan for the resource. The archaeologist shall also conduct appropriate technical analyses, prepare a comprehensive written report and file it with the appropriate information center (California Historical Resources Information System [CHRIS]), and provide for the permanent curation of the recovered materials. For any tribal cultural resources found during the ground disturbance activities, the Yocha Dehe Wintun Nation shall be immediately notified, and the appropriate treatment method for the uncovered resources shall be determined by the City and archaeologist in consultation with the Yocha Dehe Wintun Nation and its Yocha Dehe Treatment Protocol.

During grading
activities

Mitigation
Measure TCR-3
Community
Development
The treatment of human remains and any associated or unassociated funerary objects discovered during any soil-disturbing activity within the project site shall comply with applicable State laws. This shall include During grading
activities

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MITIGATION

MEASURE

DEPARTMENT

ACTION(S)

REQUIRED

REQUIRED TIME

OF COMPLIANCE

ACTION TAKEN

VERIFIED
BY/DEPT.

DATE
immediate notification of the Solano County Coroner and the City of Fairfield of the discovery of any human remains.

The project applicant, archaeological consultant, and Most Likely Descendant shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (California Environmental Quality Act Guidelines Section 15064.5(d)). The agreement should take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, curation, and final disposition of the human remains and associated or unassociated funerary objects. The California Public Resources Code allows 48 hours to reach agreement on these matters. If the Most Likely Descendant and the other parties do not agree on the reburial method, the project will follow Public Resources Code Section 5097.98(b) which states that ". . . the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance."

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MITIGATION MONITORING AND REPORTING PROGRAM

INTRODUCTION
AB 3180 (Public Resources Code section 21081.6) requires public agencies to adopt a reporting or monitoring program whenever: a) a Negative Declaration which incorporates mitigation measures is adopted for a project; and b) after certifying an EIR, CEQA findings are adopted which concludes that otherwise significant impacts will be substantially lessened or avoided through the adoption of mitigation measures.

The following procedures shall be followed to ensure compliance with AB 3180. Please note that these procedures are intended to cover all project categories (private or public) and all stages of a project when monitoring or reporting may be required. A typical mitigation or monitoring program will consist of the checklist (Appendix "A"), the General Provisions, and appropriate portions of the section titled "Types of project and mitigation and their monitoring/reporting procedures." The monitoring or reporting program may be attached to the Mitigated Negative Declaration or EIR findings and made a part of that document.

The CEQA Guidelines require mitigation of "significant impacts", except where findings of overriding significance are made. Unless this threshold of "significant impact" is reached, it is advisable to address project issues as conditions of project approval outside the CEQA process.

Mitigation measures must be written in very clear language, and must specify what, who, when, where, and if possible the why.

GENERAL PROVISIONS

A. Checklist: All mitigation measures for a Negative Declaration or EIR shall be incorporated into the attached checklist for the purpose of monitoring or reporting their implementation.

B. Disagreement over the interpretation of a mitigation condition: Where staff and the applicant cannot agree on the exact meaning of a mitigation condition, the matter shall be referred to the Community Development Director. The applicant shall have the right to appeal the Director's interpretation to the Planning Commission.

C. Reporting: All reports submitted by the developer and consultant shall be under the penalty of perjury.

D. Records: All records pertaining to a Mitigated Negative Declaration shall be kept in the project file at the offices of the Community Development Department.

E. Fees: For private projects, the applicant shall bear the cost of monitoring and/or reporting.

Fees charged for staff time shall be established by City Council Resolution. Where necessary, the applicant will be required to deposit a lump sum with the Community Development Packet Page 119 of 356Attachment 2 Page 19 of 94

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 MMRP 2022-12-06.docx Department. Monitoring costs will be debited against said deposit. For public projects where fees are not charged, the cost of monitoring shall be borne by the Department responsible for the project.

F. Penalties: If an applicant fails to properly implement mitigation measures, the Community Development Director the appropriate City Department may issue a stop-work order, or deny subsequent approvals necessary to complete and occupy the project. In some cases, the City may require performance bonds or letters of credit to ensure that mitigation conditions are properly implemented. The amount of such bonds or letters of credit shall be determined by the Community Development Director. Failure to implement mitigation measures or to furnish required mitigation reports may be cause for suspension or revocation of a permit or the basis for legal action by the City to enforce compliance with the mitigation measure or reporting requirement.

TYPES OF PROJECTS AND MITIGATION AND THEIR MONITORING/REPORTING PROCEDURES:

Private Projects

A. Conditions affecting permanent construction. These conditions affect the permanent design and location of a structure. Examples include limiting building height, requiring a setback, or providing a landscape buffer.

• The department applying the condition signs off on the mitigation condition(s) before the building permit is issued, verifying that the plans conform with the condition(s).

• The building inspector ensures that construction conforms with approved plans.

• Affected department signs off on the mitigation condition(s) before final inspection/occupancy, verifying that the project conforms to the mitigation condition(s).

B. Conditions during construction. These conditions affect the way construction is carried out.

Examples will be hours of operation, erosion control plans, preservation of archaeological sites, and preservation and protection of marshes.

• Responsibility for monitoring and reporting shall be placed on the applicant. The City department which imposed the condition will investigate complaints and review reports that are submitted. City inspectors should be informed about mitigation conditions so they can report obvious violations.

• Reporting by applicant shall be under penalty of perjury.

C. Operational Conditions. These require permanent monitoring/reporting on a regular basis.

Examples will include: hours of operation, maximum occupancy, toxic handling and disposal, and limits on nuisances like noise and odors.

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• The burden would be placed on the applicant to provide reports to the City as required.

The content and frequency of the reports would be specified as part of the conditions.

Specialized inspectors may be required.

• Failure to implement an operational mitigation measure or to furnish required mitigation reports may be cause for suspension or revocation of a permit or the basis for legal action by the City to enforce compliance with the mitigation measure or reporting requirement.

• Reporting shall be under penalty of perjury.

• The City may enter into agreement with another agency to monitor compliance (e.g. Fish and Game for creek conditions; County Health for toxins).

• Code enforcement officer, planning staff, appropriate City staff will investigate complaints, and also ensure that reports are submitted as required to the Community Development Department.

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CITY OF FAIRFIELD
Initial Study Questionnaire

PROJECT DESCRIPTION AND BACKGROUND
Project title: Sunset Avenue Apartments
Contact Person: Jonathan Atkinson, Senior Planner
(707) 428-7387 | [email protected]

Project Sponsor’s Ryan Keith, TK Consulting, Inc.

Name and Address: 2082 Michelson Drive: 4th Floor, Irvine, CA 92612

General Plan Designation: Medium Density Residential
Zoning: RM (Residential, Medium Density) District
RLM (Residential, Low Medium Density) District (Pre-Zoning)

Project Location: Southeast Corner of Sunset Avenue and East Tabor Avenue Longitude/Latitude: "N” 38°15'46.40"N "W” 122° 1'11.65"W Assessor’s Parcel Numbers: 0037-030-200, 0037-030-210 and 0037-060-480

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 2 AVAILABILITY OF DOCUMENT: This document is available for review at:
1000 Webster St, 2nd fl., Fairfield, CA; 8am-12pm, 1-5:30pm; Monday-Thursday, and the second, fourth, and fifth Fridays of each month.

PROJECT DESCRIPTION: Multifamily residential development involving 130 apartments on an

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 3 Exhibit 1: Regional Vicinity

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Sunset Avenue Apartments Project
Initial Study/Mitigated Negative DeclarationRegional Vicinity Exhibit 1
°
Source: Google
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 4 Exhibit 2: Project Vicinity

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Sunset Avenue Apartments Project
Initial Study/Mitigated Negative DeclarationProject Vicinity Exhibit 2
°
Source: Google
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 5 Exhibit 3: Site Plan

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Site Plan
Exhibit 3
°
Source:DK Enginerring

NOT TO SCALE
Sunset Avenue Apartments Project
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 6 Exhibit 4: Building B4 Elevation

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Building B4 Elevation
Exhibit 4
°
Source:Redwood Construction

NOT TO SCALE
Sunset Avenue Apartments Project
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 7 Exhibit 5: Building B6 Elevation

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Building B6 Elevation
Exhibit 5
°
Source:Redwood Construction

NOT TO SCALE
Sunset Avenue Apartments Project
Initial Study/Mitigated Negative Declaration
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 8 Exhibit 6: Building B4T Elevation

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Building B4T Elevation
Exhibit 6
°
Source:Redwood Construction

NOT TO SCALE
Sunset Avenue Apartments Project
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 9 Exhibit 7: Building B6T Elevation

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Building B6T Elevation
Exhibit 7
°
Source:Redwood Construction

NOT TO SCALE
Sunset Avenue Apartments Project
Initial Study/Mitigated Negative Declaration
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 10 Exhibit 8: Leasing Building Elevation

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Leasing Building Elevation
Exhibit 8
°
Source:Redwood Construction

NOT TO SCALE
Sunset Avenue Apartments Project
Initial Study/Mitigated Negative Declaration
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 11 OTHER PUBLIC AGENCY APPROVALS: Solano Land Agency Formation Commission (LAFCO) for the annexation of 1776 Sunset Avenue (APN: 0037-060-480) into Fairfield City limits.

TRIBAL NOTIFICATION: Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Yes No
NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation.

Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a “Less than Significant with Mitigation” as indicated by the checklist on the following pages.

Aesthetics Agriculture and
Forestry Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities / Service
Systems
Wildfire Mandatory Findings of
Significance

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DETERMINATIONOn the basis of this initial evaluationXDateI find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared.lfind that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have beenmade by or agreed to bythe project proponent. A MITIGATED NEGATIVE DECLARATION willbe prepared.I find that the proposed project MAY have a significant effect on the environment, and anENVIRONMENTAL IMPACT REPORT is required.I find that the proposed project MAY have a "potentially significant impact" or "potentiallysignificant unless mitigated" impact on the environment, but at least one effect 1) has beenadequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described onattached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze onlythe effects that remain to be addressed.lfind that although the proposed project could have a significant effect on the environment,because all potentially significant effects (a) have been analyzed adequately in an earlierEIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have beenavoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, includingrevisions or mitigation measures that are imposed upon the proposed project, nothingfurther is required.Xpt@-oefsa/zozz:$ratdan Atkinson, Senior PlannerS:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\4NX2021-002 lS.docxPage 12Packet Page 141 of 356Attachment 2 Page 41 of 94

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EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the Lead Agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4) A “Mitigated Negative Declaration” (Negative Declaration: Less Than Significant with Mitigation Incorporated) applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration [CCR, Guidelines for the Implementation of CEQA § 15063(c)(3)(D)]. References to an earlier analysis should:
a) Identify the earlier analysis and state where it is available for review. b) Identify which effects from the environmental checklist were adequately analyzed in the earlier document, pursuant to applicable legal standards, and whether these effects were adequately addressed by mitigation measures included in that analysis. c) Describe the mitigation measures in this document that were incorporated or refined from the earlier document and indicate to what extent they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached and other sources used or individuals contacted should be cited in the discussion.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 14 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify:
a) the criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

ISSUES

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
I. AESTHETICS – Except as provided in Public Resources
Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
X
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
X
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
X
Discussion: A scenic vista is generally defined as a view of undisturbed natural lands exhibiting a unique or unusual feature that comprises an important or dominant portion of the viewshed.

Scenic vistas may also be represented by a particular distant view that provides visual relief from less attractive views of nearby features. Other designated Federal and State lands, as well as local open space or recreational areas, may also offer scenic vistas if they represent a valued aesthetic view within the surrounding landscape of nearby features.

According to the City’s adopted Scenic Vistas and Roadways Plan (1999), the project site is not located within an identified scenic vista area nor along an identified scenic roadway. The nearest scenic vista area as designated by the 1999 Plan is Suisun Marsh located more than five miles to the south of the project site beyond Suisun City. Additionally, the project site has not been Packet Page 143 of 356Attachment 2 Page 43 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 15 identified by the City’s General Plan or other applicable planning documents as being located within or near a scenic vista. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista and no impact would occur in this regard.

According to the California Department of Transportation, there are no officially designated State scenic highways within the vicinity of the project site nor does the site contain scenic resources as identified by the City’s General Plan or other applicable planning documents. As a result, the proposed project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impact would occur in this regard.

The project site is surrounded by urbanized uses including a middle school to the east and a variety of housing types located to the north, south, and west of the project site. The proposed project is consistent with the applicable development standards under the Zoning Ordinance and the City’s Design and Development Guidelines to ensure aesthetic quality, as proposed and conditioned. While project implementation would change the visual quality of the project site and in vicinity, it would not degrade the visual quality of the surrounding area because the project is compatible with the surrounding uses and its current zoning designations. Therefore, the project would not conflict with applicable Zoning Ordinance requirements and other regulations governing scenic quality. As a result, a less than significant impact would occur in this regard.

Light impacts are typically associated with the use of artificial light during the evening and nighttime hours. Glare may be a daytime occurrence caused by the reflection of sunlight or artificial light from highly polished surfaces, such as window glass and reflective cladding materials, and may interfere with the safe operation of a motor vehicle on adjacent streets.

Daytime glare is common in urban areas and is typically associated with mid to high-rise buildings with exterior façades largely or entirely comprising highly reflective glass or mirror-like materials.

Nighttime glare is primarily associated with bright point source lighting that contrasts with existing low ambient light conditions.

Project construction could involve temporary glare impacts because of construction equipment and materials. However, based on the project’s limited scope of construction activities, these sources of glare would not be substantial, compared to the existing building materials present in the surrounding area. The project’s exterior building materials are anticipated to consist of stucco, wood, concrete roofing, metal railings and louvers. If not properly treated, these materials could result in increased daytime glare. However, the project would be required to be consistent with City’s Design and Development Guidelines, as previously stated. Additionally, as part of the Development Review process, the City would review proposed building materials to ensure neighboring uses are not exposed to substantial glare and negatively affected by new developments. Furthermore, the City requires, as a standard condition, that lighting be of appropriate intensity and shielded to avoid unreasonable impacts to surrounding property.

Therefore, impacts would be less than significant.
(Source: 3, 4, 8)
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
II. AGRICULTURE AND FOREST RESOURCES: In determining
whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California
Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources,
including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire
Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and
the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols
adopted by the California Air Resources Board. -- Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
X
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined in Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined in Public
Resources Code section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 17 Discussion: According to the California Department of Conservation Important Farmland Finder, the project site is designated as Urban and Built-Up Land and is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) and as such, no impact would occur in this regard.

The project site is zoned RM (Residential, Medium Density) District and RLM (Residential, Low Medium Density) District for residential use, and no portion of the project site is enrolled in a Williamson Act contract. Additionally, the project site is not occupied nor used for forest land or timberland. There will be no impacts on agricultural or forest resources with the implementation of the project.
(Source: 3, 5)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management
district or air pollution control district may be relied upon to make the following determinations. Would the
project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
X
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
X
c) Expose sensitive receptors to substantial pollutant
concentrations?
X
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
X
Discussion: The project is located within the San Francisco Bay Area Air Basin, which is governed by the Bay Area Air Quality Management District (BAAQMD). The SFBAAB includes all of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara Counties as well as the southern half of Sonoma County and the southwestern portion of Solano County.

Air pollutants of concern in the air basin are primarily generated by three categories of sources:
mobile, stationary, and area sources. Mobile sources refer to operational and evaporative Packet Page 146 of 356Attachment 2 Page 46 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 18 emissions from motor vehicles. Stationary sources include “point sources” which have one or more emission sources at a single facility. Point sources are usually associated with manufacturing and industrial uses and include sources such as refinery boilers or combustion equipment that produces electricity or process heat. Area sources include sources that produce widely distributed emissions. Examples of area sources include residential water heaters, painting operations, lawn mowers, agricultural fields, landfills, and consumer products, such as lighter fluid or hair spray. Criteria air pollutants (listed below) are defined as pollutants for which the Federal and State governments have established ambient air quality standards for outdoor concentrations. The Federal and State standards have been set at levels above which concentrations could be harmful to human health and welfare. These standards are designed to protect the most sensitive persons such as children, pregnant women, and the elderly, from illness or discomfort.

The California Air Resources Board (CARB) is the State agency responsible for ensuring implementation of the California Clean Air Act (CAA), setting the California Ambient Air Quality Standards (CAAQS), and overseeing air quality planning and control throughout California. The California CAA established a legal mandate for air basins to achieve the CAAQS by the earliest practical date. These standards apply to the following 10 criteria pollutants; ozone (O3), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide (SO2), particulate matter 2.5 microns or less in diameter (PM2.5), particulate matter ten microns or less in diameter (PM10), and lead (Pb), visibility-reducing particles, hydrogen sulfide, and vinyl chloride. CARB is also responsible for designating air basin areas of the State as ‘attainment’, ‘nonattainment’, or ‘unclassified’ based on the 10 criteria pollutants per State standards. The air quality of a region is considered to be in attainment of the State standards if the measured ambient air pollutant levels for O3, CO, NO2, PM10, PM2.5, SO2 (1-and 24-hour), and lead are not exceeded, and all other standards are not equaled or exceeded at any time in any consecutive three-year period.

The SFBAAB is considered in non-attainment for ozone, PM10, and PM2.5 with regards to standards established by the State of California. Management of air quality in the SFBAAB is the responsibility of the Bay Area Air Quality Management District (BAAQMD). Specifically, the BAAQMD has responsibility for monitoring ambient air pollutant levels throughout the air basin area and developing and implementing attainment strategies to ensure that future emissions will be within Federal and State standards. The following plans have been developed by the BAAQMD to achieve attainment of the federal and state ozone standards: (1) The Clean Air Plan (CAP) and Ozone Strategy fulfill the planning requirements of the California CAA; and (2) the Ozone Attainment Plan fulfills the federal CAA requirements.

In addition to the aforementioned plans, the BAAQMD CEQA Air Quality Guidelines (“BAAQMD Guidelines”) set forth methodologies and quantitative significance thresholds that a lead agency may use to estimate and evaluate the significance of a project’s air emissions and health risks posed to nearby sensitive receptors. The BAAQMD screening criteria is a conservative indication of whether or not a proposed project may result in potentially significant air quality impacts. If a proposed project is determined to meet all the screening criteria, additional detailed air quality assessments are not required. The established screening criteria was created without taking any Packet Page 147 of 356Attachment 2 Page 47 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 19 mitigation measures into account and the levels are primarily representative of new development occurring on greenfield sites.

The proposed project was evaluated in accordance with the methodologies established by the BAAQMD Guidelines and was determined to screen out of the need for additional air quality analysis per the BAAQMD’s screening criteria as demonstrated in Table 1, BAAQMD Screening Criteria Compared to Project, below:

Table 1 – BAAQMD Screening Criteria Compared to Project

Criteria Category BAAQMD
Screening
Threshold (Low
Rise Apartments)
Proposed Project
Details
Screen Out?
Yes/No
Operational Criteria
Pollutant

451 du (ROG)

130 du

Yes
Construction
240 du (ROG)

130 du

Yes
Notes: du = dwelling units; ROG = reactive organic gases. (Source: 2)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact IV. BIOLOGICAL RESOURCE – Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
X
b) Have substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect state or federally protected wetlands (including, but not limited to,
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact IV. BIOLOGICAL RESOURCE – Would the project:
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
X
Discussion: The project site is bounded by East Tabor Avenue to the north, The Laurel Creek Flood Control Channel and Grange Middle School to the east, single-family residences and Brandon Way to the south, and Sunset Avenue to the west. The project site is surrounded by a collection of developed land uses to the north, east, west, and south. Vegetation on the project site consists of wild oat, annual brome grasslands, and mixed riparian, with an anthropogenic land cover type described as developed.

A biological resources assessment field survey was conducted on August 26, 2021, in order to document existing biological conditions and determine the potential for special-status plant and wildlife species to occur within the project site. Prior to conducting the field survey, thorough literature reviews and records searches were conducted to determine which special-status biological resources have the potential to occur on or within the general vicinity of the project site. The project site is located within the boundaries of the Solano County Multiple Species Habitat Conservation Plan (SMHCP); as such, the project was reviewed against the SMHCP as well as the City’s General Plan and Zoning Ordinance for consistency.

The project site was evaluated for impacts on special status species. Special-status species are plant and animal species that meet the CEQA Guidelines definition of endangered, threatened, or rare (CEQA Guidelines, §15380); species listed pursuant to California Endangered Species Act (CESA), Endangered Species Act (ESA), or Native Plant Protection Act (NPPA). The biological Packet Page 149 of 356Attachment 2 Page 49 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 21 resources assessment, prepared January 2022 by Padre Associates, Inc. (Appendix A) includes a list of regional special status plant and wildlife species.

Special Status Plants: All the special status plant species mentioned in the assessment as occurring in the project vicinity require habitat conditions that are not found at the project site.

The urbanized nature of the project site and the project area, the presence of a high component of non-native vegetation at the site, and the lack of specialized habitats known to harbor special status plants occurring in the vicinity, make this site a poor candidate for supporting special status plant species. However, the project site does contain two distinct vegetation communities consisting of an upland and wetland/riparian plant communities. No special status plant species occur on the property, therefore, no impacts to special status plant species would result from construction of the proposed project at the site.

Special Status Animals: Based on the biological resources assessment, the Tricolored Blackbird (Agelaius tricolor), Burrowing Owl (Athene cunicularia), Swainson’s Hawk (Buteo swainsoni) and migratory birds have the potential to nest, breed, roost, forage and/or temporarily pass through the project site. Additional details regarding these species are as follows:

Tricolored Blackbird: Tricolored Blackbird is considered a California species of special concern (CSC). No Tricolored Blackbirds were observed during the August 2021 field survey. The Biological Study Area (BSA) was dominated by disturbed annual grassland and the adjacent flood control channel supported dense stands of bulrush and willows and contained narrow channel of running water and ponded areas. The nearest documented occurrence is approximately 1.8 miles from the BSA. Based on the presence of marginally suitable habitat and proximity of documented occurrence, there is a low potential for Tricolored Blackbird to occur within the project site.

Burrowing Owl: Burrowing Owl is considered a CSC of management concern listed by the U.S.

Fish and Wildlife Service (USFWS). No direct or indirect observations of Burrowing Owl were observed during the August 2021 field survey. However, there were several ground squirrel burrows observed, and the nearest documented occurrence is approximately one mile from the BSA. Therefore, due to presence of marginally suitable habitat and proximity of documented occurrence there is a moderate potential for Burrowing Owl to occur within the project site.

Given the moderate potential for Burrowing Owl to occur at the project site, Mitigation Measure BIO-1 will be required to reduce potential impacts. Through implementation of Mitigation Measure BIO-1, potential impacts would be less than significant.

Swainson’s Hawk: Swainson’s Hawk is listed as State threatened and is considered a CSC with the California Department of Fish and Wildlife (CDFW). The nearest documented nesting occurrence of Swainson’s Hawk is approximately 2.5 miles from the BSA. No Swainson’s Hawks or suitable nesting trees were observed onsite during the August 2021 field survey. Therefore, there is no potential for Swainson’s Hawk to nest within the project site. However, the annual grassland within the project site provides suitable foraging habitat although it is highly disturbed and surrounded by urban development for Swainson’s Hawks nesting in the region. Due to presence of suitable foraging habitat onsite and proximity to known nesting occurrences, there is a moderate potential for Swainson’s Hawk to forage within the project site. Given the moderate Packet Page 150 of 356Attachment 2 Page 50 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 22 potential for Swainson’s Hawk to forage within the project site, Mitigation Measures BIO-2 and BIO-3 have been included to reduce potential impacts. Through implementation of Mitigation Measures BIO-2 and BIO-3, potential impacts would be less than significant.

Migratory Birds: No nesting bird activity was observed within the project site during the August 2021 field survey. However, vegetation, trees, and other substrates (e.g., man-made structures, areas of open ground, etc.) present within the site provide suitable nesting habitat for a variety of bird species.

Townsend’s Big Eared Bat: According to the biological assessment found in Appendix A, the Townsend’s Big-Eared Bat is considered a CSC with the CDFW and is found throughout California, but the details of its distribution are not well known. The species was once considered common in California, most abundant in in mesic habitats, has since been determined to be uncommon.

The species requires caves, mines, tunnels, buildings, or other human-made structures for roosting and may use separate sites for night, day, hibernation, or maternity roosts. No direct or indirect sign of Townsend’s Big-Eared Bat was observed during the August 2021 field survey.

However, the abandoned single-family residence may provide suitable habitat within the project site and the nearest documented occurrence is less than five miles from the BSA. Therefore, there is a moderate potential for Townsend’s Big-Eared Bat to occur within the project site. Given the moderate potential for the Townsend’s Big-Eared Bat to occur within the project site, Mitigation Measure BIO-4 has been included to reduce potential impacts. Through implementation of Mitigation Measure BIO-4, potential impacts would be less than significant.

Mitigation Measure BIO-1
Pre-Construction Surveys – Burrowing Owl. Between February 1 and August 31, an Approved Biologist shall conduct pre-construction surveys in known or suitable habitat areas to identify and subsequently avoid nesting areas for burrowing owls. The surveys shall be conducted within 15 days prior to start of construction in known or suitable habitat areas to identify and subsequently avoid nesting areas for burrowing owls, and shall follow standard Solano Habitat Conservation Plan protocols. If burrowing owls or suitable nesting habitat are identified, the developer, shall adhere to the Solano County Habitat Conservation Plan and California Department of Fish and Wildlife protocols relating to burrowing owls.

Mitigation Measure BIO-2
Pre-construction nest surveys – Swainson’s Hawk. Between March 1 and August 31, an Approved Biologist shall conduct pre-construction surveys to identify and subsequently avoid nesting areas for Swainson’s hawk. Surveys shall be conducted within 15 days of the anticipated start of construction and shall be designed and of sufficient intensity to document nesting within 0.25 mi (1,320 ft) of planned work activities. If a lapse in project related construction work of 15 days or longer occurs, additional preconstruction surveys shall be required before project work may be reinitiated. If Swainson’s hawk or suitable nesting habitat are identified, the developer, shall adhere to the Solano County Habitat Conservation Plan and California Department of Fish and Wildlife protocols relating to Swainson’s hawk.

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Projects within 5 miles of an active Swainson’s hawk nest tree but greater than 1 mile from the nest tree (the nearest documented nest is 2.5 miles from the project site) shall provide 0.75 acres of Habitat Management land for each acre of urban development authorized (0.75:1 ratio). All Habitat Management lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats which provide foraging habitat for Swainson's hawk.

Mitigation Measure BIO-4

Pre-activity Survey - Townend’s Big-eared Bat. If onsite structure demolition is anticipated, a pre- activity survey shall be conducted to determine Townend’s Big-eared Bat presence (day roosting).

If bats are present within the structure, then bat exclusion methods will be incorporated into demolition activities. Pre-activity field surveys shall be conducted early in the breeding season before any construction activities begin, when bats are establishing maternity roosts but before pregnant females give birth (typically late spring to early summer). If no roosting bats are found, then no further mitigation is required. If roosting bats are found, then disturbance of the maternity roosts shall be avoided by halting construction until the end of the breeding season or a qualified bat biologist excludes the roosting bats in consultation with the California Department of Fish and Wildlife. If at any time during the maternity roosting season construction stops for a period of two weeks or longer, preconstruction surveys shall be conducted prior to construction resuming.

According to the biological resources assessment, the relict channel of Laurel Creek supports mixed wetland riparian vegetation. The flood control channel is located adjacent to the eastern portion of the project site. The project site supports approximately 0.247 acres of potentially Federal jurisdictional waters of the U.S. (under Army Corps of Engineers [ACOE] jurisdiction) within the relict channel and the Flood Control Channel which is approximately 0.247 acres of potentially state jurisdictional aquatic resources under Regional Water Quality Control (RWQCB) jurisdiction, and 0.547 acres under CDFW jurisdiction. Additionally, 0.007 acres (flood control channel only) would fall under the jurisdiction of the Central Valley Flood Protection Board (CVFPB). The relict channel will be permanently impacted due to complete removal during project implementation while, the flood control channel within the proposed project would be temporarily impacted during storm drain outfall installation.

As such, Mitigation Measures BIO-5 through BIO-8 will be required for the project. BIO-5 requires an aquatic resources delineation in an effort to refine the limits of the potential resources while BIO-6 requires the project’s compliance with obtaining all required agency permitting through the necessary Federal and State agencies. BIO-7 requires aquatic resources mitigation requiring compensatory mitigation consistent with agency requirements and BIO-8 will require a wetland mitigation plan in an effort to ensure that all potential impacts are mitigated.

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Mitigation Measure BIO-6

Mitigation Measure BIO-7

Aquatic Resources Mitigation. The applicant shall comply with all permit conditions and impacts to waters of the United States and wetlands shall be mitigated pursuant to permit conditions.

Mitigation Measure BIO-8
Wetland Habitat Mitigation Plan. As part of the permitting process, the applicant will be required to provide a compensatory Wetland Habitat Mitigation Plan (Plan) to mitigate impacts to jurisdictional areas. The Plan shall be written and implemented by a biologist familiar with wetland mitigation strategies employed in the Solano County region. Because the project is designed to infill the entire property, no on-site restoration is possible. Therefore, alternative mitigation strategies will focus of off-site mitigation or purchase conservation credits at an approved mitigation site.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 25 With implementation of Mitigation Measures BIO-5 through BIO-8, potential impacts to riparian areas or federal or state wetlands would be less than significant.

As discussed above, the project site is surrounded by urban development, is highly disturbed, bounded by heavily trafficked roads, and does not connect to open spaces frequented by wildlife.

The adjacent flood control channel provides low quality habitat and connectivity to fragmented open spaces in the region of the project site. Therefore, there is low potential for wildlife to use the flood control channel and impacts to wildlife movement corridor habitat would be minimized by implementation of avoidance and minimization measures discussed below.

Migratory and Native Resident Nesting Birds: Nesting bird species protected by the federal Migratory Bird Treaty Act or California Fish and Game Code could be impacted during project construction. The project will require removal of many trees that could provide suitable substrate for nesting birds. In fact, a family group of recently-fledged bushtits was observed on the property, indicating that nesting by this species occurred on the site during the 2021 nesting season. Work related to construction involving the removal of trees or vegetation or related to building demolition during the February 1 to August 31 breeding season of birds could result in mortality of nesting avian species, if they are present. To ensure compliance with the MBTA and the California Fish and Game Code, bird nesting surveys are generally required if construction work requires vegetation removal during the bird nesting season.

Because the project proposes would involve the removal of trees, and that such removal could occur during the February 1 to August 31 breeding season, the project will therefore be required for proper pre-construction breeding bird surveys to occur prior to the removal of trees through implementation of Mitigation Measure BIO-9 and would ensure that impacts in regard to migratory and native resident nesting birds are reduced to less than significant.

Mitigation Measure BIO-9
If the project is anticipated to take place during nesting season (March 1 through August 31), then a qualified biologist shall conduct a nesting bird pre-activity survey within 48 hours of project start. If an active nest is identified on or within 300 feet of the project Site during the pre-activity survey or any time during project activities, an appropriate work exclusion buffer of 75+ feet for migratory bird species and 300+ feet for non-listed raptor species, or a distance at the discretion of the biologist based on biological or ecological reasons, shall be established around the nest.

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 26 qualified biologist shall monitor the nest until it is no longer active and/or the young have fledged and will notify the construction manager and project proponent that work may start within the buffer.

Therefore, no impacts would occur to fish or wildlife associated with streams or wetlands anywhere in the project area. The project would not cause a fish or wildlife population to drop below self-sustaining levels.

Fairfield Zoning Ordinance Section 25.36: Tree Conservation protects designated native trees and is intended to conserve tree resources by protecting significant trees from unnecessary destruction or removal, and encourages the replacement of trees lost to disease, natural hazards, or human intervention. It identifies the following as protected trees: native Oaks (Quercus sp.), bay Laurel (Umbelluraria californica), madrone (Arbutus menziesii), and buckeye (Aesculus californica).

In accordance with Fairfield Zoning Ordinance requirements, Padre completed a tree inventory survey in August 2021 that was focused on identification and mapping of all trees within the project site to determine potential impacts to protected native trees. Padre documented all trees within the study area using standard industry methods. According to the field survey, trees occurred intermittently as individuals and small clumps scattered throughout the study area. The most common species was the native northern California black walnut (Juglans hindsii) with other native, non-native, and cultivated species including English walnut (Juglans regia), cultivated walnut (Juglans sp.), valley oak (Quercus lobata), interior live oak (Quercus wislizeni), common fig (Ficus carica), cultivated apple (Malus sp.), date palm (Phoenix sp.), Mexican fan palm (Washingtonia robusta), pepper tree (Schinus molle), cottonwood (Populus fremontii), and redwood (Sequoia sempervirens).

The northern California black walnut trees within the BSA appeared to be remnants of agricultural history of this area and not naturally occurring. Many of the northern California black walnuts were sprouted rootstock from grafted trees that had been cut above the graft and others appear to be escaped from previous walnut orchards in the surrounding area. The other trees within the study area appeared to be mature remnant planted ornamentals associated with the past residential land use and a few scattered oaks. Trees within the relict channel primarily consisted of northern California black walnut saplings with several Mexican fan palms. Many of trees in the northern portion of the relict channel were dead or charred due to a recent fire within the channel feature.

The results of the inventory survey documented a total of 60 native and non-native trees ranging in size from sapling to large mature trees. Of these trees, there were a total of four protected oak trees. In addition, two clusters of northern California black walnut saplings and/or sprouting rootstock were mapped within the study area. Given the presence of protected trees at the project site that are proposed for removal, Mitigation Measure BIO-6 would be required in an effort to reduce potential impacts to protected trees by requiring a tree mitigation plan.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 27 Mitigation Measure BIO-10:

• Whether the mitigation plan replaces the environmental, cultural, aesthetic, or other values of the lost trees.
• Evaluation of the availability of land, either on-site or off-site, for mitigation planting. • Survivability, size, and value of the proposed replacement trees; and • Provisions for maintenance and survival of the replacement trees. • Determine the number of replacement plantings by using the DBH of the tree proposed for removal, measured at breast height (4-1/2 feet above the normal surface). Inches of replacement may be translated into standard nursery planting sizes using the following formulas:

 24-inch boxed tree = 3 replacement inches.
 15-gallon tree = 1 replacement inch; and
 5-gallon tree = ½ replacement inch.

With implementation of Mitigation Measure BIO-10, the proposed project would comply with the City’s tree preservation requirements and the tree mitigation plan would require additional review and approval of the proposed work related to protected trees. Therefore, impacts would be less than significant with mitigation incorporated.

The project has been reviewed pursuant to requirements of the Solano Multi-Species Habitat Conservation Plan (Solano HCP) and Natural Communities Conservation Planning Act (NCCP). The member agencies, including the City of Fairfield, have agreed to implement conservation measures to ensure the protection of threatened and endangered species and their habitat within the SCWA contract service area. According to the biological resources assessment, Solano County incorporates all USFWS, ACOE, CDFW, and RWQCB standards when assessing project impacts to vegetation, wildlife, and wetland habitats, as well as the CEQA evaluation process, when applicable. Figure 3-6 of the HCP, Vegetation and Cover Types, shows the site as “Developed” and not included within any of the mapped vegetation cover types. The nearest vegetation cover type mapped in the HCP are nearby areas designated as Upland Grassland. The project is consistent with measures to ensure protection of special-status species covered by the Solano HCP and the project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. A less than significant impact would occur. (Source: 17, 19, 22)
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
15064.5 of the State CEQA Guidelines?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to 15064.5 of the State CEQA Guidelines?
X
c) Disturb any human remains, including those interred
outside of formal cemeteries?
X
Discussion: The project site is primarily vacant with the exception of a vacant single-family residence, a concrete slab, asphalt, and a well located in the southern portion of the site. ECORP Consulting, Inc. conducted a confidential cultural resources inventory report dated April 19, 2021 (Appendix J) for the proposed project which included a records search, literature review and field survey of the project area in 2021. ECORP subsequently conducted a supplemental cultural resources inventory in 2022 for an outfall area (less than one acre) that was not included in the 2021 inventory’s project area. The cultural resource inventory did not identify any historical resources within the project area. Neither the existing single-family residence nor the existing well met the established CEQA, California Register of Historical Resources (CRHR), or National Historic Preservation Act (NRHP) criteria for historical resources. Therefore, project implementation would not cause an adverse change in the significance of a historical resource and no impact would occur in this regard.

The cultural inventory and evaluations did not encounter any archaeological resources or tribal cultural resources within the project area and portions of the project area have previously been disturbed. However, the report did conclude that given the project site’s proximity to Laurel Creek, there is the potential for incidental discovery of subsurface archaeological resources during ground disturbing activities. In the event that such resources are encountered unexpectedly during excavation activities, the City requires that no resources shall be handled or photographed, and construction activity of subject property shall cease. In the event of inadvertent discoveries of cultural resources, Mitigation Measure CR-1 shall be implemented.

With implementation of Mitigation Measure CR-1, project impacts to cultural resources would be reduced to less than significant.

Mitigation Measure CR-1:

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 29 to evaluate the finds and make recommendations for mitigation to be followed by the applicant.

If the deposits are not eligible, avoidance is not necessary. If they are eligible, they shall be avoided, or, if avoidance is not feasible, the adverse effects shall be mitigated.

No formal cemeteries are on or near the project site. As previously mentioned, the project site and the surrounding area has been previously disturbed and it is not anticipated that human remains, including those interred outside of formal cemeteries would be encountered during ground disturbing activities. However, given the proximity of the project site to Laurel Creek, there is a possibility that incidental discovery of subsurface archaeological resources may be discovered during ground disturbing activities. Nonetheless, if human remains are found, those remains would require proper treatment, in accordance with applicable laws. State of California Public Resources Health and Safety Code Section 7050.5 through 7055 describe the general provisions for human remains. Specifically, State Health and Safety Code Section 7050.5 requires if any human remains are accidentally discovered during excavation of a site, the County Coroner shall be notified of the find immediately, and no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As required by State law, if the remains are determined to be Native American, the County Coroner shall notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC and shall have the opportunity to offer recommendations for the disposition of the remains. In the event such resources are uncovered, the City requires that no resources shall be handled or photographed, and construction activity of subject property shall cease. With implementation of existing State law, project impacts related to the disturbance of human remains would be less than significant.
(Source: 13)

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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact VI. ENERGY – Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

X
Discussion: California Code Title 24, Part 6 (also referred to as the California Energy Code), was promulgated by the CEC in 1978 in response to a legislative mandate to create uniform building codes to reduce California’s energy consumption. To these ends, the California Energy Code provides energy efficiency standards for residential and nonresidential buildings. California’s building efficiency standards are updated on an approximately three-year cycle. The 2019 Standards for building construction, which went into effect on January 1, 2020, improved upon the former 2016 Standards for residential and nonresidential buildings.

For new development such as that proposed by the project, compliance with California Building Standards Code Title 24 energy efficiency requirements (Cal Green) are considered demonstrable evidence of efficient use of energy. Residential development on the project site would be required to promote and provide for energy efficiencies beyond those required under other applicable Federal or State of California standards and regulations, and in so doing would meet all California Building Standards Code 24 standards. Moreover, energy consumed by the project is expected to be comparable to, or less than, energy consumed by other residential uses of similar scale and intensity that are constructed and operating in California. On this basis, the project would not result in the inefficient, wasteful, or unnecessary consumption of energy.

Furthermore, the project would not cause or result in the need for additional energy facilities or energy delivery systems. Less than significant impacts would occur.

(Source: 11)

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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact VII. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication

42. X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction?
X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil?
X
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
X
d) Be located on expansive soil, as defined in Table 18- 1B of the Uniform Building Code (1994), creating
substantial risks direct or indirect to life or property? X
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?
X
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
X
Discussion: Based on the Geotechnical Exploration prepared by ENGEO for the project and dated August 16, 2021 (Appendix D), the project site is not located within an Alquist-Priolo Earthquake Fault Zone. The closest mapped active fault that could affect the project site is the Green Valley Packet Page 160 of 356Attachment 2 Page 60 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 32 fault zone, which is located approximately 5.3 miles from the project site. Therefore, the potential for fault rupture at the site is considered low. Although no active faults traverse the project site, as a condition of issuance of building and grading permits, the project would be required to comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act, as well as with the 2022 California Building Code (CBC), which includes specific design measures intended to maximize structural stability in the event of an earthquake. Construction of project structures would also be required to comply with current seismic design parameters and all other recommendations as contained in Appendix D to ensure the structural integrity of the project in the event of an earthquake. Impacts would be less than significant.

During a major earthquake, seismic shaking has the potential to occur at the project site, as is typical throughout the San Francisco Bay Area and as experienced during both the 2014 South Napa and 1989 Loma Prieta earthquake events. Shaking during an earthquake can result in ground failure, such as that associated with soil liquefaction, lateral spreading, and cyclic densification. As such, it should be anticipated that the project site will experience moderate to strong ground shaking in the near future. However, as a condition of issuance of grading and building permits, the project would be required to comply with current CBC seismic design parameters and all other recommendations identified in Appendix D. Compliance with these parameters would require proposed buildings to be designed and constructed to withstand expected seismic activity and associated potential hazards, thereby minimizing risk to the public and property. The project would be designed and developed consistent with the CBC and standard engineering practices and reviewed in conjunction with the City Engineer. Therefore, a less than significant impact would occur.

Liquefaction and seismically-induced settlement or ground failure is generally related to strong seismic shaking events where the groundwater occurs at shallow depth (generally within 50 feet of the ground surface) or where lands are underlain by loose, cohesionless deposits. Liquefaction typically results in the loss of shear strength of a soil, which occurs due to the increase of pore water pressure caused by the rearrangement of soil particles induced by shaking or vibration.

During liquefaction, soil strata behave similarly to a heavy liquid.

The Association of Bay Area Government’s liquefaction hazard map identified the majority of the project site as having a moderate susceptibility to liquefaction while those portions of the site located along the former alignment of Laurel Creek having a high susceptibility to liquefaction.

Appendix D was completed for the project site and analyzed the site’s potential for liquefaction using conventional liquefaction analysis methodologies. The exploration concluded that the southern portion of the project site contains Pleistocene-aged soil and suggests that no liquefaction potential exists. However, the northern portion of the site was determined to contain sandy layers of soil at a depth of 20 feet to 30 feet and was considered susceptible to liquefaction. The analysis estimated approximately 1 to 1.5 inches of total liquefaction-induced settlement on the northern portion of the site. As a result, ENGEO recommends that structures be designed to accommodate up to 1.5 inches of total seismic-induced settlement and 0.75 inch of differential settlement over 50 feet. Therefore, the project will include a condition of approval by the City, requiring that structures be designed to accommodate up to 1.5 inches of total seismic-induced settlement and ¾ inch of differential settlement over 50 feet. With Packet Page 161 of 356Attachment 2 Page 61 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 33 implementation of the condition of approval, potential impacts from seismic-related ground failure, including liquefaction would be less than significant.

The majority of the project site contour is relatively flat and the potential for landslides is considered negligible. Therefore, no impact would occur.

Proposed construction activities would include clearing the site of vegetation, soil excavation, grading, asphalt paving, building construction, and landscaping. Such activities would disturb site soils, exposing them to the erosive effects of wind and water. However, all construction activities related to the proposed project would be subject to implementation of best management practices (BMPs) for erosion control, as required under National Pollutant Discharge Elimination System (NPDES) regulations pursuant to the federal Clean Water Act. NPDES requirements for construction projects of one acre or more in area are set forth in the Construction General Permit issued by the State Water Resources Control Board (State Water Board Order No. 2009-0009- DWQ). Furthermore, the project’s demolition of the existing building, asphalt/planter removal, land clearing, grading, and construction activities would be required to comply with applicable BAAQMD rules regulating fugitive dust emissions, thus minimizing wind erosion from such ground-disturbing activities. Therefore, the proposed project would not generate substantial erosion. Soil erosion impacts would be less than significant.

Expansive soils contain significant amounts of clay particles that swell considerably when wet and shrink when dried. Foundations constructed on these soils are subjected to large uplifting forces caused by the swelling. Without proper measures taken, heaving and cracking of both building foundations and slabs-on-grade could result.

According to Appendix D, potentially expansive lean clay near the surface of the project site was observed in each boring and consisted of both native soil and fill. According to lab results, the soil has medium to high shrink/swell potential. In an effort to prevent damage to proposed structures due to potential shrinking and swelling of soil, the report recommended that proposed buildings be supported on post-tensioned mat foundations on competent native of fill soil. In addition, the report also provided grading recommendations for compaction of the clay soil at the project site. The City will include any necessary recommendations as conditions of approval for the project. Therefore, potential impacts related to unstable soils that result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse would be less than significant.

The proposed project would be served by the municipal sewer system of the Fairfield California Municipal Utility (FMU) and would therefore have no need for a septic system or other alternative wastewater disposal system. There would be no impact.

While no known fossils have been collected at the project site, ground-disturbing activities in previously undisturbed portions of the project site may result in the disturbance of paleontological resources, leading to potentially significant impacts. Impacts would be significant if construction activities result in the destruction, damage, or loss of scientifically important paleontological resources and associated stratigraphic and paleontological data.

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Should unanticipated fossil discoveries occur, the City’s standard condition of approval for inadvertent paleontological finds, would be required. This condition of approval would require project construction activities to halt until a qualified paleontologist evaluates the paleontological significance of the find and recommends a course of action. With implementation of the standard inadvertent paleontological find condition of approval, impacts in this regard would be reduced to less than significant levels.
(Sources: 14)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact VIII. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
X
b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the
emissions of greenhouse gases?
X
Discussion: Global climate change refers to changes in average climatic conditions on earth, including temperature, wind patterns, precipitation and storms. Global warming, a related concept, is the observed increase in average temperature of the earth’s surface and atmosphere.

Major greenhouse gases (GHGs) include carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs). GHGs absorb longwave radiant energy reflected by the earth, which warms the atmosphere. GHGs also radiate long wave radiation both upward to space and back down toward the surface of the earth. The downward part of this longwave radiation absorbed by the atmosphere is known as the “greenhouse effect.” The potential effects of global climate change may include rising surface temperatures, loss in snowpack, sea level rise, more extreme heat days per year, and more drought years.

It should also be noted that while the City is in the process of preparing a Climate Action Plan to address community GHG emissions, the plan had not been adopted at the time this analysis was completed. The City also has not adopted a quantitative threshold of significance for GHGs but rather uses thresholds established by the BAAQMD for the screening of GHGs. The BAAQMD’s California Environmental Quality Act Air Quality Guidelines, dated May 2017, identifies the threshold of significance for operational-related GHG emissions as less than 1,100 metric tons per year (MY/yr) of CO2e or 4.6 MT CO2/SP/yr (residents and employees).

The BAAQMD recommends using an approach which evaluates a project based on its effect on California’s efforts to meet the state’s long-term climate goals as previously established by the Packet Page 163 of 356Attachment 2 Page 63 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 35 State Supreme Court. As such, a project that would be consistent with meeting those goals can be found to have a less-than-significant impact on climate change under CEQA. If a project would contribute its “fair share” of what will be required to achieve those long-term climate goals, then a reviewing agency can find that the impact will not be significant as the project would aide in combating global climate change.

Applying this approach, the BAAQMD has analyzed what will be required of new land use development projects to achieve California’s long-term climate goal of carbon neutrality by 2045.

The BAAQMD has found, based on this analysis, that a new land use development project being built today needs to incorporate specified design elements, as listed below, to do its “fair share” of implementing the goal of carbon neutrality by 2045 or be consistent with local GHG reduction strategy that meets the necessary CEQA criteria:

A. Projects must include, at a minimum, the following project design elements:
a. Buildings
i. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development)
ii. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

b. Transportation
i. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research's Technical Advisory on Evaluating Transportation Impacts in CEQA:

1. Residential projects: 15 percent below the existing VMT per capita

2. Office projects: 15 percent below the existing VMT per employee

3. Retail projects: no net increase in existing VMT

ii. Achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2

As previously mentioned, the City is in the process of preparing a Climate Action Plan which had not been adopted at the time this analysis was completed. Therefore, the project could not be determined to contribute its “fair share” through consistency with a GHG reduction strategy.

Therefore, the Greenhouse Gas Emissions and Energy Assessment dated May 6, 2022 and prepared by Dudek (Appendix E) analyzed the project for consistency with the design elements detailed in Item A, above, in order to determine whether or not the project’s “fair share” is being met. The results are as follows:

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i. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development

Consistent: The proposed project would exclude natural gas appliances and natural gas plumbing, see PDF-GHG-2.

ii. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 2100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

Consistent: The proposed project will meet CAL Green 2019 Title 24 Standards. The proposed project will include onsite photovoltaic systems and Electric Vehicle (EV) charging stations. The project will not result in any wasteful, inefficient, or unnecessary energy usage.

Transportation:

i. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research’s Technical Advisory on Evaluating Transportation Impacts in CEQA.

a. Residential projects: 15 percent below the existing VMT per capita

Consistent: As provided in the Red Tail Fairfield Traffic Study, dated October 26, 2021 and prepared by TJKM (Appendix I), the project will require mitigation measures in order to meet VMT requirements as the project’s TAZs generate a VMT value that is slightly higher than the threshold average VMT rate per multifamily dwelling units in the City of Fairfield. With implementation of the mitigation measures included in Section XVII, Transportation, the proposed project is expected to be at 15 percent or more below the existing VMT per capita in the City of Fairfield.

b. Office projects: 15 percent below the existing VMT per employee

Not applicable as the proposed project is a residential development.

c. Retail projects: no net increase in existing VMT

Not applicable as the proposed project is a residential development.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 37 ii. Achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CAL Green Tier 2

Consistent: The proposed project will include Electric Vehicle (EV) charging stations that meet CAL Green Tier 2 standards.

As the project will incorporate design elements recommended by BAAQMD, it has been determined that the project will meet its “fair share” contribution towards achieving the state’s long-term climate goals and therefore is considered a less than significant impact in this regard. (Source 2, 11)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS – Would the
project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one quarter mile of an existing or proposed
school?
X
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
X
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS – Would the
project:
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
X
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
X
Discussion: The project could result in a significant hazard to the public if the project includes the routine transport, use, or disposal of hazardous materials or places housing near a facility which routinely transports, uses, or disposes of hazardous materials. The routine use, transport, or disposal of hazardous materials is primarily associated with industrial uses that require such materials for operations or produce hazardous wastes as by-products of production applications.

The proposed project does not propose or facilitate any activity involving significant use, routine transport, or disposal of hazardous substances. During construction, a minor level of transport, use, and disposal of hazardous materials and wastes would occur that are typical of construction projects. This would include fuels and lubricants for construction machinery, coating materials, etc. Routine construction control measures and best management practices for hazardous materials storage, application, waste disposal, accident prevention and clean-up, etc. in compliance with the established regulatory framework (i.e., local, regional, state) would sufficiently reduce potential impacts to less than significant. During project operations, widely used hazardous materials common at residential uses include cleaners, pesticides, and food waste. The remnants of these and other products are disposed of as household hazardous waste that are prohibited or discouraged from being disposed of at local landfills. Regular operation and cleaning of the apartments would not result in significant impacts involving use, storage, transport or disposal of hazardous wastes and substances. Use of common household hazardous materials and their disposal does not present a substantial health risk to the community.

The proposed project site is not in an industrial area. Therefore, the project would not place housing near any hazardous materials facilities. Project impacts associated with the routine transport and use of hazardous materials or wastes would be less than significant.

The project site is primarily undeveloped except for an existing single-family residence and well located in the southern portion of the site that are proposed for demolition as a part of the project. With adherence to existing regulations, the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; impacts would be less than significant.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 39 Additionally, the project includes the development of 130 apartment units. Although typical hazardous materials associated with residential development may be used (household pesticides, oils, fertilizers, household chemicals, etc.) these hazardous materials would not be used in large amounts and thus would not create a significant hazard involving the release of these materials. Therefore, based on the findings summarized above, the project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

A less than significant impact would occur in this regard.

Government Code Section 65962.5 refers to the Hazardous Waste and Substances Site List, commonly known as the Cortese List, maintained by the Department of Toxic Substances Control (DTSC). According to the Phase I Environmental Site Assessment, dated March 2021 and prepared by Padre Associates (Appendix H) and the DTSC EnviroStor Database, the project site was listed as a School Site. The DTSC list properties as School Site when they have been or are currently being evaluated by the DTSC for possible hazardous materials contamination as required by the California Education Code. Further review of the EnviroStor listing indicated that a Phase I ESA was conducted for the project site in 1999. The database indicated that no contaminants were found and that no action was required. Based on the information listed in the EnviroStor database there were no environmental conditions identified that would pose a risk to the project site.

Furthermore, the Phase I ESA indicated that the project site is identified as historically containing two underground storage tanks (USTs). Padre identified that two USTs were removed from the southern portion of the project site in 1986 with oversight of the Solano County Health Services Department (SCEHS). Additionally, two soil samples collected from the UST excavation did not indicate that a release of petroleum hydrocarbons had occurred at the UST locations. The UST case was subsequently closed by SCEHS. The project site was not listed on any other environmental databases and/or listings reviewed. Therefore, the project would not create a significant hazard to the public or the environment in this regard.

The following airports/airstrips are located nearest the project site: Travis Air Force Base at 690 Airmen Drive, Fairfield, approximately 6.4 miles to the east.

According to the Travis Air Force Base Land Use Compatibility Plan (October 2015), the project site is located within Zone D of the land use compatibility plan. Zone D represents other airport environs in and around the airport that don’t include runway, approach or traffic pattern areas.

Zone D does not include any residential density restrictions nor any indoor or outdoor use restrictions. However, the zone does require review by the Solano County Airport Land Use Commission when a project proposes objects that are 200 feet above ground level. However, the proposed project does not include objects that exceed 200 feet above ground level as the height of the tallest proposed object/building is approximately 35 feet. Therefore, the project has been found consistent with the land use compatibility plan and would not result in airport/airstrip related safety hazard for people residing or working in the project area. A less than significant impact would occur in this regard.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 40 The project would not interfere with an emergency response plan. As indicated in Section XVII, Transportation, of this Initial Study, the project does not propose changes to the City’s circulation system, such as sharp curves or dangerous intersections, and would not introduce incompatible uses to area roadways. Should partial lane closures be required as part of project construction activities, the developer would be required to comply with the City’s standard practices regarding partial lane closures in order to minimize congestion and ensure safe travel, including emergency access in the project vicinity. Impacts in this regard would be less than significant.

The project would not expose people or structures to a significant risk of wildland fires. As discussed in Section XX, Wildfire, the project site is located in a developed urban area surrounded by residential, office and public facility uses and is not located in a zone designated as Very High Fire Hazard by the California Department of Forestry and Fire Protection (CalFire). Urban levels of fire protection would be provided to the project area. In addition, the project would adhere to building codes and any conditions included through review by the City’s Fire Department. A less than significant impact would occur in this regard.

(Source 16, 24)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact X. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
X
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
X
c) Substantially alter the existing drainage pattern of the site or areas including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:

X
i) Result in substantial erosion or siltation on- or off-site?
X
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact X. HYDROLOGY AND WATER QUALITY – Would the project:
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
X
iv) Impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
X
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater
management plan?
X

Discussion: As part of Section 402 of the Clean Water Act, the USEPA has established regulations under the NPDES program to control direct stormwater discharges. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, which include construction activities. The SWRCB works in coordination with the Regional Water Quality Control Boards to preserve, protect, enhance, and restore water quality. The project site is within the jurisdiction of the San Francisco Bay Regional Water Quality Control Board (SFRWQCB). In addition, the project site is located within the service area of the Fairfield-Suisun Sewer District.

Project construction could result in short-term impacts to water quality due to the handling, storage, and disposal of construction materials, maintenance and operation of construction equipment, and earthmoving activities. These potential pollutants could damage downstream waterbodies. Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the SWRCB’s General Permit for Discharges of Stormwater Associated with Construction Activity Construction General Permit Order 2009-0009-DWQ (Construction General Permit). The Construction General Permit requires the project applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would specify BMPs to be used during project construction to minimize or avoid water pollution, thereby reducing potential short-term impacts to water quality. Upon completion of the project, the project applicant would be required to submit a Notice of Termination to the SWRCB to indicate that construction has been completed.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 42 The project would increase the site’s impervious surfaces as the project site has only experienced development in the southern portion of the project site. To accommodate peak runoff, storm drainage from the project site would be handled through an on-site 13,936-square foot detention basin area located in the southeastern portion of the site and piped off-site to the existing infrastructure per the conditions of approval prepared by the City of Fairfield Public Works Department. The project would be required to comply with the Fairfield-Suisun Sewer District standard requirements to pre-treat storm run-off, including but not limited to the use of BMPs to address the issue of ongoing post-construction storm water quality for the project site. All project drainage improvements shall comply with the City of Fairfield Standard Specifications and Details and Engineering Design Standards. Additionally, the project applicant would be required to prepare an erosion and sedimentation control plan and comply with the NPDES Permit and SWPPP requirement.

Therefore, the project would not substantially alter the existing drainage pattern of the site or areas including through the alteration of the course of a stream or river or through the addition of impervious surfaces, resulting in a less than significant impact during construction and operation of the project.

Water for the project would be provided by the City of Fairfield. According to the City’s 2020 Urban Water Management Plan (UWMP), the City does not use groundwater as a water supply source because groundwater in the area is brackish and unsuitable for irrigation or drinking water use without relatively expensive treatment compared to other sources. Groundwater is not used in the municipal water supply of Fairfield and is not considered a viable component of water in Fairfield because of tidal inflows that impact water quality. Therefore, the project would not decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. Impacts would be less than significant.

The project is not located within the 100-year flood hazard zone as indicated on the applicable Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. No impacts regarding flood hazards, tsunami, or seiche zones would occur.

The City, including the project site, is located within the San Francisco Bay Area hydrologic region.

The SFRWQCB oversees basin planning and water quality in the San Francisco Bay Area hydrologic region. The Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) is the Board's master water quality control planning document. It designates beneficial uses and water quality objectives for waters of the state within the Region, including surface waters and groundwater.

It also includes programs of implementation to achieve water quality objectives and discharge prohibitions. The Basin Plan was duly adopted and approved by the State Water Resources Control Board, U.S. EPA, and the Office of Administrative Law where required. The latest version is effective as of December 22, 2006.

As previously mentioned, the project is required to comply with the Fairfield-Suisun Sewer District standard requirements to pre-treat storm run-off, including but not limited to the use of Packet Page 171 of 356Attachment 2 Page 71 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 43 BMPs to address the issue of ongoing post-construction storm water quality for the project site.

Additionally, the project proponent would be required to prepare an erosion and sedimentation control plan and comply with the NPDES and SWPPP requirement. Since the NPDES permit is intended to protect water quality, compliance with the permit would ensure that the project would not impair existing or potential beneficial uses of nearby or downstream water bodies and would not conflict with or obstruct implementation of the Basin Plan. The proposed project does not propose the drilling of a well to obtain groundwater for consumption. Thus, the project would not conflict with a groundwater management plan. No impact would occur. (Source: 10, 16)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XI. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community? X
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
X

Discussion: The factors that could physically divide a community are generally large, linear infrastructure projects including, but are not limited to construction of major highways or roadways; construction of storm channels; closing bridges or roadways; and construction of utility transmission lines. The project site is primarily undeveloped except for a vacant single- family residence, a concrete slab, asphalt, and a well located in the southern portion of the site and is surrounded by a variety of urbanized uses including residential, public facility and office uses. The project does not propose to construct any major infrastructure or utilities that could physically divide an established community within the project site or the immediate vicinity. No changes to the connectivity of the surrounding area are proposed that would separate persons from other areas of the community. Therefore, no impacts would occur in this regard.

The site has a General Plan land use designation of Medium Density Residential. The project is consistent with this land use designation in that the General Plan anticipates a variety of attached residential units, such as duets, townhomes, rowhouses, condominiums, and apartments for properties with the Medium Density Residential designation. The Medium Density Residential designation is implemented by the zoning designation of RM (Residential, Medium Density) District. 1776 Sunset Avenue (APN: 0037-060-480) will require City Council approval of a Zone Change from RLM (Residential, Low Medium Density) District to RM (Residential, Medium Density) District. The project is consistent with the applicable development standards of the Zoning Ordinance, as proposed and conditioned. Therefore, no impacts would occur in this regard.

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(Source: 3, 9)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XII. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known mineral resource of value to the region and the residents of
the state?
X
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
X
Discussion: According to Figure RS-4, Mineral Resources, of the Solano County General Plan Chapter 4, Resources, the project site is not located within an identified Mineral Resource Zone (MRZ). The project is not in conflict with any applicable land use plan and meets the standards and regulations of the General Plan and Zoning Ordinance of the City. In addition, the project site has no history of use as a mineral resource recovery operation and is located in a predominantly developed area of the City. As such, the project site is not considered a source for mineral resources, and project development would not result in the loss of availability of known mineral resources. No impacts relative to mineral resources would occur.

(Source: 22)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XIII. NOISE – Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
X
b) Generation of excessive groundborne vibration or
groundborne noise levels?
X
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XIII. NOISE – Would the project result in:
public airport or public use airport, would the project expose people residing or working in the project area
to excessive noise levels?
Discussion: The General Plan Health and Safety Element establishes the following maximum allowable transportation noise exposure levels for residential land use:

• 60 decibels (dB) for residential outdoor activity areas • 45 dB for residential interior spaces

The proposed project site is located in an urbanized area and is surrounded by existing development. According to the July 21, 2022 Traffic Noise memo, prepared by Padre and Associates, Inc., no point noise sources are located within approximately 2,000 feet of the project site and traffic related noise would be the primary noise source for the site. The noise memo used noise levels from a typical two-lane roadway as a traffic noise scenario to determine that areas of the project site that are adjacent to the street would likely receive noise levels ranging from 55 to 60 dB and noise levels would be reduced with distance away from the roadway, consistent with General Plan standards. Additionally, the proposed project would be required to utilize appropriate construction materials as determined by the latest building code, which would ensure interior noise levels are at appropriate levels and comply with applicable regulations.

Operation of the project would not result in increased exposure to transportation noise more than City Standards. Therefore, a less than significant impact would occur.

Construction: Noise generated by project construction activities would temporarily elevate ambient noise levels in the project vicinity. Noise impacts resulting from construction depend on the noise generated by various pieces of construction equipment, the timing and duration of noise generating activities, and the distance between construction noise sources and noise sensitive receptors. Construction noise impacts primarily occur when construction activities occur during noise-sensitive times of the day (early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise sensitive land uses, or when construction durations last over extended periods of time. Noise sensitive uses can be found in all directions surrounding the project site with Grange Middle School being located to the east of the project site and existing residential uses being located to the north, south and west of the site. However, typically, significant noise impacts do not result when standard construction noise control measures are enforced at the project site and when the duration of the noise generating construction period is limited to one construction season (typically one year) or less. Once construction moves indoors (building siding erected and roofed), minimal noise would be generated at the on-site location.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 46 Based on the City’s Noise Ordinance Chapter 25, Article X, Noise Regulations, the project is limited to hours of construction between 7 a.m. and 10 p.m. Additionally, noise and vibration during construction would be moderated by the City standard construction noise conditions of which the project would be required to comply. In addition, implementation of Mitigation Measures NOI-1 through NOI-5 would further ensure that potential impacts related to construction noise would be less than significant.

Mitigation Measure NOI-1
The construction contractor shall ensure that noise and groundborne vibration construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses. These activities shall be located in the southeast quadrant of the project site, as feasible.

Mitigation Measure NOI-2
The construction contractor shall ensure that barriers such as plywood structures or flexible sound control curtains shall be erected between the proposed project and adjacent sensitive receptors to minimize the amount of noise during construction. These temporary sound barriers shall be capable of achieving a sound attenuation of at least 12 dBA and block the line-of-sight between the project site and these adjacent land uses. This specification shall be included on all project plans.

Mitigation Measure NOI-3
The construction contractor shall ensure the use of power construction equipment with noise shielding and muffling devices capable of attenuating sound by 3 dBA or more. This specification shall be included on all project plans.

Mitigation Measure NOI-4
The construction contracture shall ensure that the construction staging area is sited as far from sensitive receptors as possible. Staging shall occur in the along the eastern portion of the project site, where feasible.

Mitigation Measure NOI-5
The construction contractor shall ensure that no less than two weeks prior to commencement of construction, notification shall be provided to the off-site residential, school, and church uses within 500 feet of the project site that discloses the construction schedule, including the types of activities and equipment that would be used throughout the duration of the construction period.

Contact information shall also be posted where readily visible to the public.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 47 Refer to Discussion in Section IX, Hazards and Hazardous Materials, of this Initial Study. The nearest airport to the project site is Travis Air Force Base located approximately 6.4 miles to the east. The project site is located within the Zone D of the Travis Air Force Base Land Use Compatibility Plan and has been found to be consistent with the plan. Therefore, potential impacts from the proposed project exposing people residing or working in the project area to excessive noise levels would be less than significant.

(Source: 3, 20)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XIV. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
X

Discussion: A project could induce population growth in an area either directly, through the development of new residences or businesses, or indirectly, through the extension of roads or other infrastructure. The most recent Department of Finance (DOF) estimate for the average household size in the City of Fairfield is 2.98 persons per household (DOF 2022). This household size has been used in this analysis to estimate the total residential population associated with the proposed project. Thus, the proposed 130 new apartments have the potential to increase the population of the City of Fairfield by approximately 388 people. The DOF estimates the total population for the City of Fairfield in 2022 was 119,897 people (DOF 2022), and the proposed project would thus increase the City’s population by approximately 0.3 percent to 120,285 persons. This direct increase would not be considered substantial. The proposed project would not directly or indirectly induce substantial unplanned population in the area and a less than significant impact would occur in this regard.

The project site includes a vacant single-family residence that is proposed for demolition as part of the project. Because the single-family residence is currently vacant, project implementation would not displace existing people or housing, necessitating the construction of replacement housing elsewhere. In addition, as the project proposes 130 apartments, it would more than offset the loss of one unit overall by providing additional housing in the City. Therefore, a less than significant impact would occur in this regard.

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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XV. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of new
or physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public services:

Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X

Discussion:

Fire Protection: The Fairfield Fire Department provides fire protection services in the City. The responding fire station for the project site is located approximately 2.5 miles from the project site at 1975 Huntington Drive, Fairfield, CA 94533. The proposed project would create an increased demand for fire protection services. However, as discussed in Section XIV, Population and Housing, the project would not induce significant or unplanned population growth and would not result in the need for new or physically altered fire protection facilities. Further, the proposed project would be conditioned to comply with the requirements of the Fairfield Fire Department for emergency access, fire flow, fire protection standards, fire lanes, and other site design/building standards. The project would also be subject to the project design requirements set forth in the latest versions of the 2022 California Fire Code and the 2022 California Building Standards Code. The City would collect one-time development impact fees, which are imposed on all new developments to pay fair share of costs in upgrading Fairfield Fire Department fire facilities, as needed. Payment of these fees would offset the project’s impacts to the acquisition, design, and construction of new fire facilities. Following collection of development impact fees and compliance with Fairfield Fire Department requirements, California Fire Code, and California Building Code requirements, impacts to fire protection facilities would be less than significant.

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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 49 Police Protection: The Fairfield Police Department provides police protection services to the City.

The Fairfield Police Department headquarters are located approximately 2 miles west of the project site at 1000 Webster Street, Fairfield, CA 94533. Development of the proposed project would generate an increase in demand for police protection services. However, due to the infill nature of the project, the project would not result in the need for new or physically altered police protection facilities. Additionally, the City collects development impact fees to offset increased demand for public facilities caused by development. Following collection of requisite fees and following compliance with State and local site safety requirements, the project’s operational impacts to police services would be less than significant, and would not result in the need for new or physically altered police protection facilities.

Schools: The project site is located within the boundaries of the Fairfield-Suisun Unified School District (transitional kindergarten through grade 12 and alternative and adult schools). The closest schools as follows:
• Grange Middle School at 1975 Blossom Avenue, Fairfield, CA 94533, adjacent to the project site.
• Cleo Gordon Elementary School at 1950 Dover Avenue, Fairfield, CA 94533, approximately

0.5 miles to the northwest of the project site.
• Fairfield High School at 205 East Atlantic Avenue, Fairfield, CA 94533, approximately 1.5 miles northwest of the project site.

As a residential development, the project would generate additional students within the project area because of additional housing being built and thereby, nominally increasing the demand for school facilities/services. However, as previously mentioned in Section XIV, Population and Housing, the project is not anticipated to induce substantial unplanned growth and would not significantly increase the need for new school facilities. Furthermore, the project would be required to comply with SB 50 requirements, which allow school districts to collect impact fees from developers of new projects, including commercial construction. Thus, upon payment of required fees by the project applicant consistent with existing state and local requirements, impacts would be less than significant.

Parks: The City’s Parks and Recreation Department currently operates and maintains 26 parks, facilities (including, but not limited to aquatic and community centers), and golf courses. The closest facility to the proposed project site is Dover Neighborhood Park which is located approximately 0.6-miles from the project site. The project proposes apartments and is not subject to the City’s parkland dedication requirements under the Quimby Act. Although the project is not required to dedicate parkland, the proposal includes a pool, an open lawn for passive recreation with BBQ areas, and multiple paseos throughout the site which will provide recreational opportunities for the residents of the project. Therefore, reducing the need for residents to use City-owned facilities. Additionally, the City collects development impact fees, including a bedroom tax, to offset increased demand for public services caused by development, including parks. Thus, following collection of requisite fees, the project would not result in substantial adverse physical impacts to any parks or recreational facilities in the City. Upon Packet Page 178 of 356Attachment 2 Page 78 of 94

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Other Public Facilities: Other public facilities that could potentially be impacted by the proposed project include library services. The nearest library to the project site, Fairfield Civic Center Library, is operated by the Solano County Library. It is located at 1150 Kentucky Street, Fairfield, CA 94533, approximately 2 miles southwest of the project site. Due to the nominal population increase that will occur because of the project, as discussed in Section XIV, Population and Housing, is not anticipated that the project would result in a significant impact on library services.

Impacts would be less than significant in this regard.

(Sources: 3, 23)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XVI. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?

X
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
X
Discussion: The City’s Parks and Recreation Department currently operates and maintains 26 parks, facilities (including, but not limited to aquatic and community centers), and golf courses.

The closest facility to the proposed project site is Dover Neighborhood Park which is located approximately 0.6-miles from the project site. The project proposes apartments and is not subject to the City’s parkland dedication requirements under the Quimby Act. Although the project is not required to dedicate parkland, the proposal includes a pool, an open lawn for passive recreation with BBQ areas, and multiple paseos throughout the site which will provide recreational opportunities for the residents of the project. Therefore, reducing the need for residents to use City-owned facilities.

Additionally, as discussed in Section XIV, Population and Housing, the proposed project would only increase the City’s population by approximately 0.3 percent which is not considered substantial; thereby, causing negligible impacts to the deterioration of existing recreational Packet Page 179 of 356Attachment 2 Page 79 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 51 facilities. Lastly, the City collects development impact fees, including a bedroom tax, to offset increased demand for public services caused by development, including parks and to cover maintenance costs for City-owned recreational facilities. Thus, following collection of requisite fees, given the minor increase in the City’s population due to the proposed project and due to the project’s proposed on-site recreational amenities, the project would not result in substantial deterioration to the City’s recreational facilities due to increased usage because of the project, this impact would be less than significant.

(Sources: 3, 23)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XVII. TRANSPORTATION – Would the project:
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
X
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision (b)(1)?
X
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
X
d) Result in inadequate emergency access? X
Discussion: As described in the traffic study, dated October 26, 2021 as prepared by TJKM, in accordance with Senate Bill 743 (SB 743) and the resulting changes to the CEQA Guidelines published by the Natural Resources Agency, local agencies may no longer use measures of vehicle delay such as Level of Service (LOS) to quantify transportation impacts on the environment. CEQA Guidelines specify Vehicle Miles Traveled (VMT) as the required measure of impact. Projects should first be compared to screening criteria to see whether they may be presumed less than significant. If projects do not meet any of the screening criteria, an analysis of project VMT is required.

The City of Fairfield Guidelines were updated in December 2020 to include project VMT Screening Transportation Analysis. The City states the following projects may be exempt from VMT analysis:

• Small projects
• Projects within a half mile of high-quality transit
• Affordable housing projects (100 percent affordable units) • Locally serving projects
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S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 52 • Projects located in areas that have been shown to generate VMT below the significance threshold

For VMT forecasting, the Fairfield Senate Bill 743 Implementation Procedures (August 2020, page 5) recommends that the estimated VMT for a proposed project be obtained by either:

• Incorporating the project land uses into the Fairfield Travel Demand Model and running a project scenario.
• Stand-alone VMT analysis (based on the market area of retail establishment) or use of other available tools (Napa-Solano Activity Based Model).

The traffic study included a VMT analysis for the proposed project which consists of 130 apartments on an 8.71-acre site. The project was identified as being located between two traffic analysis zones (TAZs) within the City of Fairfield. VMT per unit numbers provided by the City identified the average rate for multifamily dwelling units as 45.6 VMT per unit for the project.

However, this value is slightly greater than the threshold set by the City’s VMT Guidelines which is 44 VMT per unit for a project’s impacts to be considered insignificant. As such, to meet the significance threshold, the project would have to reduce its VMT. Therefore, Mitigation Measures TRA-1 and TRA-2 would be required for the project in order to reduce VMT. Mitigation Measure TRA-1 requires improvements related to pedestrian connectivity for the project. Per the City’s VMT Guidelines, pedestrian improvements have a VMT reduction effectiveness of 2 percent.

Mitigation Measure TRA-2 encourages ride share and transit usage through a commute trip reduction program for the residents of the project given the project site’s location near multiple Fairfield Fast Transit bus stops. Per the City’s VMT Guidelines, encouraging ride share and transit use have a reduction effectiveness of 2 percent.

Mitigation Measure TRA-1:

Mitigation Measure TRA-2:

Through implementation of Mitigation Measures TRA-1 and TRA-2, the proposed project would reduce its VMT by 4 percent to 41.6 VMT per unit, which is below the City’s threshold of 44 VMT Packet Page 181 of 356Attachment 2 Page 81 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 53 per unit. Therefore, the project would be consistent with the City’s VMT Guidelines and CEQA Guidelines Section 15064.3(b)(1) and would not conflict with a program plan, ordinance or policy addressing the circulation system and a less than significant impact would occur.

The design features of the proposed project do not incorporate any hazardous or incompatible features. The internal traffic circulation on the project site would not include sharp turns, and the drive aisles/fire lanes within the project site have been designed to be both efficient and safe for vehicular traffic. Additionally, the project would not be an incompatible use, nor would it be hazardous due to its design. Therefore, a less than significant impact would occur.

Vehicular access to the site will be provided via one gated access point on Sunset Avenue and one emergency vehicle access only driveway on East Tabor Avenue. Pedestrian access is proposed via perimeter and internal sidewalks. The Fairfield Fire Department reviews projects for access requirements concerning minimum roadway width, fire apparatus access roads, fire lanes, signage, access devices and gates, and access walkways, among other requirements, which would enhance emergency access to the project site. Following compliance with Fire Department access requirements, adequate emergency access to the project site would be provided. Project impacts concerning emergency access would be less than significant.

(Source: 3, 26)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
XVIII. TRIBAL CULTURAL RESOURCES – Would the project
cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code section 5020.1(k), or
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
XVIII. TRIBAL CULTURAL RESOURCES – Would the project
cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

Discussion: Pursuant to AB 52 requirements, the City of Fairfield notified the Yocha Dehe Wintun Nation of the proposed project on November 22, 2021. On December 7, 2021, the Yocha Dehe Tribal Historic Preservation Officer provided a letter to the City stating that the project site was within the aboriginal territories of the Yocha Dehe Wintun Nation and therefore have a cultural interest and authority in the proposed project area. The December 7, 2021 correspondence indicated that the tribe is not aware of any known cultural resources near the project site and that a cultural monitor would not be required. However, the tribe requested that mitigation be added to the project requiring cultural sensitivity training for all necessary project personnel. As such, Mitigation Measure TCR-1 has been included to address the required sensitivity training.

Implementation of Mitigation Measures TCR-1 through TCR-3 would ensure that potential impacts related to previously undiscovered tribal cultural resources would be less than significant.

Mitigation Measure TCR-1:

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 55 Dehe Wintun Nation. Issues that shall be included in the basic training will be geared toward training the applicable construction crews in the identification of archaeological deposits and tribal cultural resources. Training will include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological deposits and the proper procedures to follow should a resource be identified.

Mitigation Measure TCR-2:

The City shall require that the applicant include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered archaeological resources are found during construction shall be recorded on appropriate Department of Parks and Recreation forms and evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist. Prehistoric archaeological site indicators include but are not limited to: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire-affected stones. Historic period site indicators generally include but are not limited to: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps). If the resource is determined to be significant under CEQA, the City and a qualified archaeologist shall determine whether preservation in place is feasible. Such preservation in place is the preferred mitigation. If such preservation is infeasible, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan for the resource.

The archaeologist shall also conduct appropriate technical analyses, prepare a comprehensive written report and file it with the appropriate information center (California Historical Resources Information System [CHRIS]), and provide for the permanent curation of the recovered materials.

For any tribal cultural resources found during the ground disturbance activities, the Yocha Dehe Wintun Nation shall be immediately notified, and the appropriate treatment method for the uncovered resources shall be determined by the City and archaeologist in consultation with the Yocha Dehe Wintun Nation and its Yocha Dehe Treatment Protocol.

Mitigation Measure TCR-3:

The treatment of human remains and any associated or unassociated funerary objects discovered during any soil-disturbing activity within the project site shall comply with applicable state laws.

This shall include immediate notification of the Solano County Coroner and the City of Fairfield of the discovery of any human remains.

In the event of the Coroner's determination that the human remains are Native American, the coroner must contact the NAHC within 24 hours. The California Native American Heritage Commission shall identify a Most Likely Descendant of the deceased Native American (Public Packet Page 184 of 356Attachment 2 Page 84 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 56 Resources Code Section 5097.98). The Most Likely Descendant may then make recommendations to the landowner or the person responsible for the excavation work, for the means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98. Development activity on the impacted site will halt until the landowner has conferred with the Most Likely Descendant about their recommendations for treatment of the remains, and the coroner has determined that the remains are not subject to investigation under California Government Code Section 27491.

The project applicant, archaeological consultant, and Most Likely Descendant shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (California Environmental Quality Act Guidelines Section 15064.5(d)). The agreement should take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, curation, and final disposition of the human remains and associated or unassociated funerary objects. The California PRC allows 48 hours to reach agreement on these matters. If the Most Likely Descendant and the other parties do not agree on the reburial method, the project will follow Public Resources Code Section 5097.98(b) which states that ". . . the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance."

(Source: 12, 13)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment
facilities or storm water drainage, electric power,
natural gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
X
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
X
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
X
Discussion: The project site is located within a developed area of the City and is already partially developed. Therefore, the project would not require construction of new or expanded water, wastewater treatment facilities or storm water drainage, electric power, natural gas, or telecommunications facilities. The responsible City departments and agencies for wastewater and water supply have reviewed the project and determined that capacities would be adequate.

In addition, a 13,936 square foot detention basin is proposed for the project site at a depth of

3.5 feet to hold the City’s required volume of storm drain runoff. Therefore, it is not anticipated that the project would generate stormwater beyond the capacity of the existing storm drainage system. Lastly, the project would be required to comply with City standards for drainage and grading and the appropriate permits would be required to be obtained prior to construction.

Impacts relative to water supply and utility facilities, would be less than significant.

Implementation of the project is anticipated to generate additional solid waste during the temporary, short-term construction phase, as well as the operational phase, but it would not be expected to result in inadequate landfill capacity. According to the General Plan Public Facilities and Services Element, solid waste management, including waste disposal and curbside recycling is handled by a local franchised hauler under contract with the City. Solid waste is currently taken to Potrero Hills Landfill and recyclables processed at an interim facility in Fairfield. With project implementation, solid waste would be managed on-site and redirected to a secondary facility with adequate capacity. Therefore, impacts relative to solid waste would be less than significant.

(Source: 3)

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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact
XX. WILDFIRE -- If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
X
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a
wildfire or the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that
may exacerbate fire risk or that may result in
temporary or ongoing impacts to the environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
X
Discussion: The project site is in a developed urban area surrounded by residential, office and public facility land uses. According to the CalFire Fire Hazard Severity Zone Viewer, and the Adopted State Responsibility Area Fire Hazard Severity Zone Maps, the project site is not located in a zone designated as a Very High Fire Hazard Severity Zone. Therefore, no impacts would occur.

(Source: 3, 6, 7)

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to significantly degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, substantially reduce the number
X
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No
Impact XXI. MANDATORY FINDINGS OF SIGNIFICANCE
or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
X
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
X

Discussion: As discussed in Section IV, Biological Resources, after implementation of Mitigation Measures BIO-1 through BIO-10, the proposed project would result in less than significant impacts to biological resources. Similarly, as discussed in Section V, Cultural Resources, and Section XVIII, Tribal Cultural Resources, after implementation of Mitigation Measures CR-1, TCR- 1, TCR-2 and TCR-3, the proposed project would result in less than significant impacts to human remains, archaeological resources, paleontological resources, and tribal cultural resources.

In accordance with CEQA Guidelines Section 15183, this environmental analysis was conducted to determine if there were any project-specific effects that are peculiar to the project or its site.

No project-specific significant effects peculiar to the project or its site were identified that could not be mitigated to a less than significant level. The project would not induce substantial population growth or significant traffic volumes. The project would contribute to environmental effects on noise. However, this impact would not be cumulatively considerable since it is site- specific. Furthermore, mitigation measures incorporated herein mitigate any potential impacts associated with this environmental issue. Cumulative projects would be required to prepare the appropriate CEQA environmental documentation on a project-by-project basis. Therefore, the project does not have impacts that are individually limited, but cumulatively considerable.

Given the scope and nature of the proposed development, project implementation would not result in environmental effects, which would cause substantial adverse effects on human beings, either directly or indirectly. Compliance with applicable existing laws and regulations and implementation of recommended mitigation measures would ensure that the project would not Packet Page 188 of 356Attachment 2 Page 88 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 60 result in substantial adverse effects on human beings. Therefore, impacts would be less than significant and no additional mitigation measures are required.

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1. Association of Bay Area Governments, Hazard Viewer
https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29 b35dfcd086fc8 Accessed August 2, 2022

2. Bay Area Air Quality Management District, California Environmental Quality Act Air Quality Guidelines, May 2017

3. City of Fairfield, City of Fairfield General Plan, 2002.

4. City of Fairfield, City of Fairfield Scenic Vistas and Roadways Plan, 1999.

5. California Department of Conservation, California Important Farmland Finder mapping interactive online, https://maps.conservation.ca.gov/DLRP/CIFF/ , accessed July 13, 2022.

6. California Department of Forestry and Fire Protection, Fire and Resource Assessment Program: FHSZ Viewer, https://egis.fire.ca.gov/FHSZ/ accessed July 26, 2022.

7. California Department of Forestry and Fire Protection, Map of CalFire’s Fire Hazard Severity Zones Maps. https://osfm.fire.ca.gov/divisions/community-wildfire- preparedness-and-mitigation/wildland-hazards-building-codes/fire-hazard-severity- zones-maps/ Accessed July 26, 2022.

8. California Department of Transportation, State Scenic Highway System Map. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic-highways Accessed July 13, 2022.

9. City of Fairfield, Fairfield Municipal Code, current through Ordinance 2022-07, passed April 19, 2022.

10. DK Engineering Surveying Planning, Hydrology for Sunset Apartments in Fairfield California Memorandum, July 29, 2022

11. DUDEK, 1776 Sunset Avenue Residential Project Greenhouse Gas Emissions and Energy Assessment, May 6, 2022

12. ECORP Consulting, Inc, Confidential Cultural Resources Inventory Report, April 19, 2021

13. ECORP Consulting, Inc, Supplemental Cultural Resources Inventory and Evaluation for the Arrive Fairfield Project in the City of Fairfield, Solano County, California, January 28, 2022

14. ENGEO, Sunset Avenue Apartments Fairfield, California Geotechnical Exploration, April 16, 2021

15. Fairfield-Suisun Unified School District https://www.fsusd.org/domain/4932

16. Federal Emergency Management Agency (FEMA) Flood Service Map Center online, https://msc.fema.gov/portal/home , accessed July 13, 2022.

17. Padre Associates, Inc, Biological Resources Assessment Report Arrive Fairfield Luxury Townhomes Project Fairfield, California, January 2022
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18. Padre Associates, Inc, Phase I Environmental Assessment Assessor’s Parcel Numbers 0037- 030-200, 0037-030-210 and 0037-060-480 1776 Sunset Avenue Fairfield Solano County California, March 2021

19. Padre Associates, Inc, Preliminary Aquatic Resources Delineation Report Arrive Fairfield Luxury Townhomes Project, October 2021

20. Padre Associates, Inc, Traffic Noise Arrive Fairfield Workforce Housing Project Fairfield California, July 21, 2022

21. Solano County Airport Land Use Commission, Travis Air Force Base Land Use Compatibility Plan https://www.solanocounty.com/civicax/filebank/blobdload.aspx?BlobID=34765 Accessed July 27, 2022

22. Solano County, Solano County General Plan, 2008.

23. State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2021-2022. Sacramento, California, May 2022.

24. State of California, Department of Toxic Substances, Envirstor https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=1776+Sunset+Avenue%2C +Fairfield%2C+CA Accessed July 25, 2022

25. State of California Water Resources Control Board, GeoTracker https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=1776+Sunse t+Avenue%2C+Fairfield%2C+CA Accessed July 28, 2022

26. TJKM, Traffic Impact Analysis Report – Red Tail Fairfield Traffic Study, October 26, 2021

Packet Page 191 of 356Attachment 2 Page 91 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 63 Initial Site Assessment Checklist for Special Status Species or Habitat PROJECT NAME: SUNSET AVENUE APARTMENTS
SITE LOCATION: SOUTHEAST CORNER OF SUNSET AVENUE AND EAST TABOR AVENUE ASSESSMENT PREPARED BY: JONATHAN ATKINSON, SENIOR PLANNER PRESENT?
SITE CHARACTERISTICS Yes No COMMENTS

I. GENERAL CRITERIA

A. Is the Proposed Project Site located
within one of the following Areas of Concern*:

Vernal Pool Species ____ X __________________________
Giant Garter Snake ____ X __________________________
Valley Elderberry Longhorn Beetle ____ X __________________________ California Red-legged Frog ____ X __________________________ Coastal Marsh Species ____ X __________________________ Callippe Silverspot Butterfly ____ X __________________________ (i.e., Potrero Hills or the open space area formed
by Interstate Highways 80, 680, 780)

B. Is the Proposed Project Site located along a
watercourse?

____

__________________________

*See accompanying Areas of Concern Guidelines for descriptions and map.

If the answer to any of the above Section I criteria is “yes”:

1. The site should be evaluated by a qualified biologist/botanist to determine the presence of special status species and/or habitat for such species.

2. The project will require evidence of compliance with the federal Endangered Species Act. The applicant should contact the USFWS regarding compliance with the Endangered Species Act and the Solano Project Biological Opinion. Details are provided in the Areas of Concern Guidelines.

If “no”: Complete Section II of this checklist on the following pages.

The USFWS can be reached at: Sacramento Fish and Wildlife Office, Endangered Species Program 2800 Cottage Way, Rm. W-2605
Sacramento, CA 95825.
(916) 414-6600

Packet Page 192 of 356Attachment 2 Page 92 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 64 Initial Site Assessment Checklist for Special Status Species or Habitat PRESENT?
SITE CHARACTERISTICS Yes No COMMENTS
II. SPECIES-SPECIFIC CRITERIA
Vernal Pool Species

Vernal pool and/or seasonal wetlands, including
alkaline wetlands and stock ponds

____

__________________________

Level topography with shallow depressions
capable of containing standing water during the
rainy season (Nov.-May)

____

__________________________

Has a wetland delineation has been completed?
X

____

__________________________

Grassland with low-lying areas with stunted
vegetation growth

____

__________________________

Shallow stock ponds which normally dry on an
annual basis

____

__________________________

Presence of the following soil types: Pescadero
series, Antioch series, San Ysidro series, Solano
series, and associated complex soils (excludes
existing developed areas and areas cultivated with
perennial crops )

____

__________________________

Giant Garter Snake

Freshwater marshes, sloughs, ponds, low flow
drainages, irrigation canals, backwater areas, rice
fields

____

__________________________

Emergent aquatic vegetation (e.g., cattails,
bulrushes)

____

__________________________

Grassy banks and vegetated uplands adjacent to
or within 200ft of habitats listed above

____

__________________________

Packet Page 193 of 356Attachment 2 Page 93 of 94

S:\Planning\Projects\ANX-GPA-ZC\ANX\ANX2021-002 Sunset Avenue Apartments\CEQA\ANX2021-002 IS.docx Page 65 Initial Site Assessment Checklist for Special Status Species or Habitat PRESENT?
SITE CHARACTERISTICS Yes No COMMENTS
Valley Elderberry Longhorn Beetle

Creeks, small drainages, man-made watercourses
X

____

__________________________

Elderberry Shrubs ____ X __________________________

Riparian vegetation X ____ __________________________

California Red-legged Frog

Perennial and seasonal creeks and ponds, small
drainages, seeps and springs, stock ponds and
other artificial water sources

____

__________________________

Aquatic or riparian vegetation X ____ __________________________

Oak woodlands nearby or other suitable migration
corridors between wet areas

____

__________________________

Coastal Marsh Species
Brackish or salt marsh, tidal sloughs ____ X __________________________

Dense patches of pickleweed, saltgrass, or other
perennial marsh vegetation

____

__________________________

Adjacent high marsh (non-submerged) areas for
refuge

____

__________________________

Presence of any of above habitat conditions
within 1,000 feet of proposed new development

____

__________________________

Summary:

If the answer to any of the above Section II criteria is “yes”, the site should be evaluated by a qualified biologist or botanist to determine the presence of special status species and/or potential habitat of such species. Also, the applicant should contact the Sacramento Fish and Wildlife Office regarding compliance with the Endangered Species Act and the Solano Project Biological Opinion.

Packet Page 194 of 356Attachment 2 Page 94 of 94

SUNSET AVMEADOWLARK DR

BLOSSOM AVE TABOR AV FINCH WYSCOTT STE TRAVIS BL FALCON DRRAILROAD AVFLAMINGO DRMATTHEW DRSANTA MONICA STSAN REMO ST CARDINAL WYDANIEL STWARBLER WY

DUSTIN WY

SAN PEDRO ST

WREN CT

DANIEL CTMOCKINGBIRD LN

BRANDON WY

MATTHEW CTTHRUSH WYBLOSSOM CTSANTA MONICA CT

BLOSSOM AVRLM
RH
PF
RLM:6
PF
RLM:6
RLM:6
RM
REC
RH
RLM
RM
RH CN
RM
RH
CC
PF
RH
RLM:6
(RLM)
OSC
(OSC)
(RM)
RLM
CN
OSC
RLM
OSC
OSC
RM
±
LEGEND
Zone Designations
AG
CC
CD
CDC
CM
CN
CO
CR
CS
CT
IBP
IG
IL
ITP
OSC
PF
REC
RVL
RL
RLM
RM
RH
RVH
None
Overlays
-NC
-PD
-P1
-H
Agriculture
Community Commercial
Downtown Commercial
Downtown Commercial Core
Mixed Commercial
Neighborhood Commercial
Office Commercial
Regional Commercial
Service Commercial
Thoroughfare Commercial
Industrial Business Park
General Industrial
Limited Industrial
Industrial Technology Park
Open Space Conservation
Public Facilities
Recreation
Very Low Density Residential
Low Density Residential
Low-Medium Density Residential
Medium Density Residential
High Density Residential
Very High Density Residential
Not in City / No Pre-Zoning
North Cordelia Overlay
Proposed Development Overlay
Downtown Parking Overlay
Hillside Overlay
Proposed Annexation Area
Parcels
Zoning
ANNEXATION EXHIBITSunset Avenue Apartments(APNs: 0037-060-480 and 0037-060-490)EXHIBIT B Packet Page 195 of 356Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

ORDINANCE NO. 2022-17

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING CHAPTER 25, ARTICLE I, SECTION 25.12.3 OF THE FAIRFIELD CITY CODE, ALSO KNOWN AS THE ZONING MAP, REZONING ONE PARCEL (APN: 0037-060-480) ON SUNSET AVENUE FROM RESIDENTIAL, LOW

MEDIUM DENSITY (RLM) DISTRICT TO RESIDENTIAL, MEDIUM DENSITY (RM) DISTRICT

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

SECTION 1. Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code, also known as the Zoning Map, is hereby amended as shown on the Sectional Zoning Map (ZC2021 -006) attached hereto as Exhibit C.

Section 25.47.5 Findings. The City Council finds as follows:

A. The proposed amendment is consistent with the goals, policies, and actions of the General Plan. The proposed amendment would change the zoning designation of a 2.82 - acre portion of the Project site from Residential, Low Medium Density (RLM) to Residential, Medium Density (RM) District. All the parcels that comprise the Project site have a General Plan land use designation of Medium Density Residential. The Project is consistent with this land use designation in that the General Plan anticipates a variety of attached residential units, such as duets, townhomes, rowhouses, condominiums, and apartments for properties with the Medium Density Residential designation. The Zone Change allows the Project to be developed at 15 units per acre in accordance with the maximum residential density for the Medium Density Residential designation. The Project is consistent with the following General Plan Objectives: Objective HO 1: Provide for varied housing opportunities, in terms of type, price, amenities, neighborhood design, and location, for all income groups and family types; Objective HO 2: Enc ourage infill housing in developed areas of the City; Objective LU 8: Develop and maintain a pattern of residential land uses which provides for a variety and balance of densities and opportunities for a mixture of different dwelling and tenure types; Objective LU 11: Provide multi-family ownership and rental units in a variety of cost ranges dispersed throughout the City; Objective LU 18: Encourage infill development and compact growth; Objective UD4: Ensure high standards of quality in development; and Objective UD 8: Encourage and approve infill development which is compatible with the surrounding area. Overall, the Project is consistent with each of these General Plan Objectives. The Project provides 130 large market-rate rental units on an infill site. The residential buildings that comprise the Project site are sited in a compact manner with a high-quality design of the Spanish Colonial architectural style.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. The proposed amendment would result in a multifamily residential that is consistent with the Medium Density Residential designation of the General Plan. The Project that will be developed as part of the Zone Change will be Packet Page 196 of 356Attachment 4 Page 1 of 2

ORD. NO. 2022-17

Page 2 ends

Fairfield City CouncilDecember 20, 2022

Fairfield City Council
December 20, 2022